HB2015 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-413, Arizona Revised Statutes, is amended to read:

START_STATUTE45-413. Hearings; meetings; public comment designation of subsequent active management areas and boundaries; notice; procedures

A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A, the director shall hold a public hearing to consider:

1. Whether to issue an order declaring the area an active management area.

2. The boundaries and any sub-basins subbasins of the proposed active management area.

B. The director shall give reasonable notice of the hearing under the circumstances which shall include publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed active management area is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed active management area and any sub-basins subbasins and any other information the director deems necessary.

C. The hearing shall be held at a location within the proposed active management area as soon as practicable but no not less than thirty days and no not more than sixty days after the first publication of the notice of hearing. At the hearing, the director shall present the factual data in his the director's possession in support of and in opposition to the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his the determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions.

D. Notwithstanding any other law, any public comment session, stakeholder process or public hearing the department initiates or hosts related to the establishment of a subsequent active management area shall be held in the groundwater basin or subbasin subject to potential designation. At any public comment session, stakeholder process or public hearing the department initiates or hosts, the director shall explain to all interested stakeholders the potential impact of the designation as a subsequent active management area. END_STATUTE

Sec. 2. Section 45-415, Arizona Revised Statutes, is amended to read:

START_STATUTE45-415. Local initiation for active management area; procedures

A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by ten percent of the registered voters residing who reside within the boundaries of the proposed active management area and who receive their drinking water from that groundwater basin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H and in compliance with subsection B of this section, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111, be a resident of the groundwater basin and receive their drinking water from the groundwater basin.

B. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin to the county recorder of each county in which the proposed active management area is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin that may aid the county recorder in the determination of determining which registered voters of the county are residents of the groundwater basin and are eligible voters or petitioners, including a map of the residences that receive drinking water from the groundwater basin.

C. Any registered voter of a county whose residency in the groundwater basin and the origin of their drinking water is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency and the origin of the drinking water of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin or the origin of a residence's drinking water is not verified, the ballot shall remain unopened and shall be destroyed.

D. Except as provided in subsection E of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved.

E. If a groundwater basin is located in two or more counties, the following procedures apply:

1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin resides.

2. The number of registered voters required to sign the petition shall be ten percent of the registered voters residing who reside within the boundaries of the proposed active management area and who receive their drinking water from the groundwater basin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H and in compliance with subsection B of this section, within the county in which the plurality of the registered voters in the groundwater basin resides.

3. The election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state.

4. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin and who receive their drinking water from the groundwater basin.

F. The ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no". END_STATUTE

Sec. 3. Section 45-433, Arizona Revised Statutes, is amended to read:

START_STATUTE45-433. Local initiation for designation; procedures

A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either:

1. Not less than twenty-five irrigation users of groundwater, or one-fourth of the irrigation users of groundwater within the boundaries of the groundwater basin or sub-basin subbasin specified in the petition.

2. Ten per cent percent of the registered voters residing who reside within the boundaries of the groundwater basin or sub-basin subbasin and who receive their drinking water from the groundwater basin or subbasin specified in the petition as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H. The form of the petition shall be the same as for an initiative petition, and the applicant for such the petition shall comply with the provisions of section 19-111, be a resident of the groundwater basin or subbasin and receive their drinking water from the groundwater basin or subbasin. If a groundwater basin or sub-basin subbasin is located in two or more counties, the number of registered voters required to sign the petition shall be ten per cent percent of the registered voters residing who reside within the boundaries of the groundwater basin or sub-basin subbasin and who receive their drinking water from the groundwater basin or subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H, within the county in which the plurality of the registered voters in the groundwater basin or sub-basin subbasin resides.

B. Upon on receipt of a petition pursuant to subsection A, paragraph 2 of this section, the director shall transmit the petition to the county recorder of each county in which the groundwater basin or sub-basin subbasin is located for verification of signatures. In addition, the director shall transmit a map of the groundwater basin or sub-basin subbasin to the county recorder of each such county included. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or sub-basin subbasin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or sub-basin subbasin that may aid the county recorder in the determination of determining which registered voters of the county are residents of the groundwater basin or sub-basin subbasin and are ELIGIBLE voters or PETITIONERS, including a map of the RESIDENCES that receive drinking water from the groundwater basin or subbasin. END_STATUTE

Sec. 4. Section 45-435, Arizona Revised Statutes, is amended to read:

START_STATUTE45-435. Hearing on designation of subsequent irrigation non-expansion areas and boundaries; notice; procedures

A. If the director finds that an area which that is not included within an active management area meets the criteria specified in section 45-432, or a petition is filed pursuant to section 45-433, the director shall hold a public hearing to consider:

1. Whether to issue an order declaring the area an irrigation non-expansion area.

2. The boundaries of the proposed irrigation non-expansion area.

B. The director shall give reasonable notice of the hearing under the circumstances which shall include by the publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed irrigation non-expansion area is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed irrigation non-expansion area and any other information the director deems necessary.

C. The hearing shall be held at a location in the county in which the major portion of the proposed irrigation non-expansion area is located no not less than thirty days but no not more than sixty days after the first publication of the notice of the hearing. At the hearing, the director shall present the factual data in his the director's possession in support of or and in opposition to the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his the determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions.

D. Notwithstanding any other law, any public comment session, stakeholder process or public hearing the department initiates or hosts related to the establishment of a subsequent irrigation non-expansion area shall be held in the groundwater basin or subbasin subject to potential designation. At any public comment session, stakeholder process or public hearing the department initiates or hosts, the director shall explain to all interested stakeholders the potential impact of the designation as a subsequent irrigation non-expansion area.END_STATUTE

Sec. 5. Section 45-439, Arizona Revised Statutes, is amended to read:

START_STATUTE45-439. Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures

A. The director may designate an irrigation non-expansion area as an active management area if the director determines that the irrigation non-expansion area meets any of the criteria for designating an active management area specified in section 45-412, subsection A.

B. Any action taken under this section is subject to the procedures for notice and hearing prescribed by sections 45-413 and 45-414.

C. An irrigation non-expansion area may be designated an active management area upon on petition and election pursuant to section 45-415 by the registered voters residing who reside in and who obtain drinking water from the groundwater basin which that is or that includes the irrigation non-expansion area.END_STATUTE