ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: NREW DP 5-4-0-1

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HB 2060: irrigation non-expansion area; substitution; acres

Sponsor: Representative Griffin, LD 19

House Engrossed

Overview

Authorizes a person who owns land in an irrigation non-expansion area (INA) that may be irrigated to permanently retire or substitute those lands or use the associated water for any end use.

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 and two INAs in areas of the state where groundwater overdraft was most severe. Currently there are three INAs: Joseph City, Harquahala, and Hualapai Valley (A.R.S. §§ 45-431, 45-554)(SOS). 

When an INA is designated, only those lands that were legally irrigated at any time during the five years preceding its creation can be irrigated. This restriction does not apply to fields that are two acres or smaller or lands where substantial capital investment for irrigation was made during that five-year period. Each person who withdraws groundwater for irrigation or more than 10 acre-feet of groundwater for domestic uses from a non-exempt well (one that pumps over 35 gallons per minute) must meter the well. Additionally, anyone using a non-exempt well in an INA must file an annual report with the Arizona Department of Water Resources (ADWR)(A.R.S. § 45-437).

Provisions

1. Allows a person who owns acres of land in an INA that may be irrigated to:

a) permanently retire those acres from irrigation;

b) substitute for those acres the same number of acres in the same INA; and

c) use the associated water for any end use. (Sec. 2)

2. Requires a person to demonstrate to the ADWR Director's satisfaction that the substitution of acres will not lead to a net increase in groundwater withdrawal in the INA. (Sec. 2)

3. Prohibits the ADWR Director from conditionally approving a person's application to substitute acres for the person reducing the person's groundwater use. (Sec. 2)

4. Makes technical and conforming changes. (Sec. 1)

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8.                   HB 2060

9. Initials EB/BSR  Page 0 House Engrossed

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