ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DPA 5-4-0-0

HB 2015: subsequent water management areas; basins

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Specifies that a groundwater basin or subbasin may be designated as an Active Management Area (AMA) or Irrigation Non-Expansion (INA) upon petition by 10% of registered voters who receive their drinking water from that groundwater basin or subbasin.

History

The Groundwater Management Code (Code) was enacted in 1980 and established the statutory framework to regulate and control the use of groundwater.  As part of the management framework, the Code initially designated four active management areas (AMAs) and two irrigation non-expansion areas (INAs) in areas of the state where groundwater overdraft was most severe.  Currently there are six AMAs and three INAs. The AMAs are: Phoenix, Pinal, Prescott, Tucson, Santa Cruz and Douglas. The INAs are: Joseph City, Harquahala, and Hualapai Valley (A.R.S. §§ 45-411, 45-411.03, 45-431, 45-554)(ADWR) (SOS). 

Under current law, local landowners can petition:

1)   their county board of supervisors to designate an AMA for one or more groundwater basins; or

2)   the Arizona Department of Water Resources (ADWR) Director to designate an INA for one or more groundwater basins or sub-basins (A.R.S. §§ 45-415, 45-433).

Upon receipt of a petition, the ADWR Director must transmit to the county recorder of each county 1) the petition in which the groundwater basin or sub-basins are located for verification of signatures; 2) a map of the groundwater basin or sub-basins; and 3) all other factual data concerning the boundaries of the groundwater basin or sub-basins that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin or sub-basins (A.R.S.§§ 45-415, 45-433).

Any registered voter of a county whose residency in the groundwater basin is in question must be allowed to vote. The county recorder is required to verify the ballot for proper residency of the voter before counting. If the residency in the groundwater basin is not verified, the ballot must remain unopened and be destroyed (A.R.S. § 45-415). 

Provisions

1.   Adds that a groundwater basin or subbasin, not included within an initial AMA or INA, may be designated as an AMA or INA upon petition of 10% of registered voters who receive their drinking water from the groundwater basin or subbasin. (Sec. 1 and 2)

2.   Requires the applicant for the petition to be a resident of the groundwater basin or subbasin and receive their drinking water from the groundwater basin or subbasins. (Sec. 1 and 2)

3.   Instructs the ADWR Director to transmit to the county recorder all materials that can aid the country recorder in determining who are eligible voters or petitioners, including a map of the residences that receive drinking water from the groundwater basin or sub-basin. (Sec. 1 and 2)

4.   Permits any registered voter of a county whose origin of their drinking water is in question to be allowed to vote. (Sec. 1)

5.   Adds that the county recorder must verify the origin of the drinking water of the voter before counting. (Sec. 1)

6.   Stipulates that if the origin of a residence’s drinking water is not verified, the ballot must remain unopened and be destroyed. (Sec. 1)

7.   States that if a groundwater basin is located in two or more counties, the petition must be signed by 10% of registered voters who receive their drinking water from the groundwater basin or subbasin. (Sec.1)

8.   Adds that an INA can be designated an AMA on petition and election by the registered voters who reside in and who obtain drinking water from the groundwater basin that is or that includes the INA. (Sec. 3)

9.   Contains technical and conforming changes. (Sec. 1-3)

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAmendments

Committee on Natural Resources, Energy & Water

1.   Requires any meeting initiated or hosted by ADWR to be held in the groundwater basin or subbasin subject to a subsequent AMA or INA designation.

2.   States the ADWR Director must present the factual data in support of and in opposition to the proposed action.

3.   Instructs the ADWR Director to explain to all interested stakeholders the potential impact of the subsequent AMA or INA designation.

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7.                     HB 2015

8.   Initials EB/BSR  Page 0 Caucus & COW

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