ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2099: active management area; groundwater right

Sponsor: Representative Griffin, LD 19

Committee on Natural Resources, Energy & Water

Overview

An emergency measure that allows a groundwater user located in an area previously designated as an irrigation non-expansion area (INA) that becomes designated as an active management area (AMA) to receive a water duty based on the groundwater user's highest annual withdrawal since the INA was established.

History

The Groundwater Management Code (Code) was enacted in 1980 which established the statutory framework to regulate and control the use of  groundwater (SOS). Currently, the Code is administered by the Arizona Department of Water Resources (ADWR). As part of the management framework, the Code designated five AMAs (Phoenix, Pinal, Prescott, Tucson and Santa Cruz) and three INAs (Douglas, Joseph City and Harquahala) (A.R.S. §§ 45-411, 45-411.03, 45-431 and 45-554).

Under current law, local landowners can petition their county board of supervisors to designate an AMA for one or more groundwater basins. If the petitioners meet a certain statutory threshold, an election must be called (A.R.S. § 45-415).

Based on a petition filed by the residents of Cochise County, the Cochise County Board of Supervisors called an election to be held on November 8, 2022 on whether to designate the Douglas Groundwater Basin as an AMA. Subsequently, the ballot measure was approved, and the Douglas AMA was established on December 1, 2022 (ADWR).

A person who owns land that was legally irrigated with groundwater at any time during the five years preceding the date of the notice of the initiation of designation procedures or the call for the election for an AMA, which is capable of being irrigated and has not been retired from irrigation for a non-irrigation use, has the right to use groundwater (A.R.S. § 45-465).

The irrigation water duty is the amount of water measured in acre-feet per acre that is reasonable to apply to irrigated land in a farm unit and is used to determine the maximum amount of groundwater that may be used per year. The Director of ADWR is required to compute the maximum amount of groundwater by multiplying the water duty acres for each farm within the farm unit by the irrigation water duty for the farm unit and dividing that amount by the number of irrigation acres in the farm (A.R.S. §§ 45-402(24), 45-465).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal NoteProhibits the Director from granting to a groundwater user located in an area that was previously designated as an INA and becomes an AMA a water duty that is less than the groundwater user's highest annual withdrawal since the basin or subbasin was designated as an INA. (Sec. 1)

2.   Requires a person that owns land that may be legally irrigated in whole or in part with groundwater in an INA that subsequently becomes an AMA to be granted an irrigation water duty and a designation of the number of farm units consistent with the user's highest annual withdrawal since the basin or subbasin was designated as an INA. (Sec. 1)

3.   Requires a person that owns land that may be legally irrigated in whole or in part with groundwater in an INA that subsequently becomes an AMA to be granted an irrigation water duty and a designation of the number of farm units consistent with the user's highest annual withdrawal since the basin or subbasin was designated as an INA. (Sec. 1)

4.   Requires ADWR to provide each eligible groundwater user a notice of the groundwater user's expected water duty and number of farm units. (Sec. 1)

5.   Specifies the groundwater user may accept ADWR's determination and receive the irrigation water duty and number of farm units without charge and is not required to submit an additional application or pay any fees. (Sec. 1)

6.   Allows a groundwater user who does not accept ADWR's determination of water duty and number of farm units to contest the determination.

7.   States the user may not be assessed any costs, filing fees or charges for a new or amended application for a determination of acres entitled to irrigation. (Sec. 1)

8.   Requires the Director to grant all groundwater users in the Douglas AMA an irrigation water duty. (Sec. 2)

9.   Contains an emergency clause. (Sec. 3)

10.  Makes technical changes. (Sec. 1)

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14.                    HB 2099

15.  Initials EB           Page 0 Natural Resources, Energy & Water

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