ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DPA 5-4-0-0

HB 2123: wells; water measuring devices; prohibition

Sponsor: Representative Smith, LD 29

House Engrossed

Overview

Prohibits Arizona or any political subdivision from requiring a water measuring device for a well located in specified areas.

History

Current law requires a person who withdraws groundwater from a nonexempt well in an active management area (AMA) and irrigation non-expansion area (INA) or a person who withdraws groundwater for transportation to an initial AMA to use a water measuring device. Generally, areas that are outside AMAs and INAs are not required to use a water measuring device.  Withdrawals from an exempt well with a pump capacity of no more than 35 gallons per minute and withdrawals of less than 10-acre feet per year are exempt from requirements to use a water measuring device (A.R.S. § 45-604).

The general stream adjudications for the Gila River and the Little Colorado River will determine the amount and priority of water rights for both river systems. Initiated in the 1970s, thousands of claimants and water users are involved in the ongoing proceedings that will result in the Superior Court issuing a final decree of water rights for the river systems (ADWR).

Withdrawing groundwater for transportation to an AMA is prohibited unless specifically authorized by statute (Title 45, Chapter 2, Article 8.1).

The five initial AMAs are the Phoenix, Pinal, Prescott, Tucson and Santa Cruz AMAs (A.R.S. §§ 45-411 and 45-411.03).

Current Map of AMAs and INAs

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits Arizona or any of its political subdivisions from requiring a water measuring device for a well located in a basin or subbasin that:

a)   contains a river system or source subject to a general adjudication that is on-going; and

b)   is outside an initial AMA or outside an area where groundwater can be transported to an AMA. (Sec. 1)

2.   Specifies that these provisions do not impede or impair either:

a)   the terms and conditions of a valid contract or settlement agreement; or

b)   the authority, actions and remedies that are available to a court of competent jurisdiction in a general stream adjudication. (Sec. 1)

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

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7.                     HB 2123

8.   Initials EB/KK    Page 0 House Engrossed

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