ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2061: subsequent active management area; removal

Sponsor: Representative Griffin, LD 19

Committee on Natural Resources, Energy & Water

Overview

Authorizes the Arizona Department of Water Resources (ADWR) to remove a subsequent active management area (AMA) designation based on specified criteria.

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 AMAs and two INAs in the state where groundwater overdraft was most severe. Currently, there are six AMAs: Phoenix, Pinal, Prescott, Tucson, Santa Cruz and Douglas (A.R.S. §§ 45-411, 45-411.03)(ADWR).

Under current law, the ADWR Director (Director) can designate an area not included within an initial AMA as a subsequent AMA if the:

1)   active management practices are necessary to preserve the existing supply of groundwater for future needs;

2)   land subsidence or fissuring is endangering property or potential groundwater storage capacity; or

3)   use of groundwater is resulting in actual or threatened water quality degradation (A.R.S. § 45-412).

If the Director proposes to designate a subsequent AMA, a public hearing must be held to consider whether to issue an order declaring the AMA and the boundaries and any sub-basins of the proposed AMA. The Director must give reasonable notice of the hearing, held at a location within the proposed AMA, by publication weekly for two weeks in a newspaper of general circulation in each county in which the proposed AMA is located. Within 30 days after the hearing, the Director must make and file written findings considered during the hearing. If the Director decides to declare an area an AMA, the Director must make and file an order designating the AMA (A.R.S. 45-413).

Provisions

1.   Requires the Director to periodically review all areas that are included within a subsequent AMA to determine whether the areas continue to meet the criteria for AMA designation. (Sec. 1)

2.   Allows the Director to remove the subsequent AMA designation if the Director determines the area no longer meets specified criteria. ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note(Sec. 1)

3.   Requires the Director hold a public hearing to consider:

a)   whether to remove a subsequent AMA designation; or

b)   any boundary modification of a subsequent AMA. (Sec. 2)

4.   Instructs the Director to give reasonable notice of the hearing by publication weekly for two weeks in a newspaper in each county which the current designated subsequent AMA is located. (Sec. 2)

5.   Requires the notice to contain a map clearly identifying and describing all lands to be removed from the currently designated subsequent AMA. (Sec. 2)

6.   States the hearing must be held at a location within the currently designated subsequent AMA not less than 30 days but not more than 60 days after the first publication of the notice. (Sec. 2)

7.   States that if the Director decides to remove an area from a subsequent AMA then the ADWR must make and file an order designating an area as outside of an INA. (Sec. 3)

8.   States a map identifying the lands removed from the INA are public records of ADWR and must be available to the public. (Sec. 3)

9.   Adds that a groundwater basin, not included within an initial AMA, may be designated an AMA on petition of 10% of registered voters who receive their drinking water from the groundwater basin. (Sec. 4)

10.  Requires the applicant for the petition to be a resident of the groundwater basin and receive their drinking water from the groundwater basin. (Sec. 4)

11.  Allows a subsequent AMA to be removed on petition by 10% of the registered voters who reside within the boundaries of the subsequent AMA and receive their drinking water from that groundwater basin and hold s subsequent election. (Sec. 4)

12.  Requires the petition to be in the same form as initiative petitions and specifies applicants must comply with the form and procedure requirements for initiative petitions, be a resident of the groundwater basin and receive their drinking water from the groundwater basin. (Sec. 4)

13.  Instructs the ADWR Director to transmit to the county recorder of each county a map of the groundwater basin in which the currently designated AMA is located.  (Sec. 4)

14.  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. (Sec. 4)

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

16.  Adds that the county recorder must verify the origin of the drinking water of the voter before counting. (Sec. 4)

17.  Stipulates that if the origin of a residence’s drinking water is not verified, the ballot must remain unopened and be destroyed. (Sec. 4)

18.  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. (Sec.1)

19.  Adds language to be included in that ballot for removing a groundwater basin from a subsequent AMA. (Sec. 4)

20.  Makes technical and conforming changes. (Sec. 1, 2, 4)

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24.                    HB 2061

25.  Initials EB/BSR  Page 0 Natural Resources, Energy & Water

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