ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2368: transportation; groundwater; Douglas AMA

Sponsor: Representative Griffin, LD 19

Committee on Natural Resources, Energy & Water

Overview

Allows a private water company to annually withdraw groundwater from the Upper San Pedro Groundwater Basin for transportation to the Douglas active management area (AMA) in a specified amount for municipal purposes.

History

Currently, there are four groundwater basins and sub-basins (McMullen Valley basin, Butler Valley groundwater basin, Harquahala Irrigation Non-Expansion area and Big Chino sub-basin) from which groundwater can be withdrawn and transported to AMAs. Transportation from these basins and sub-basins is subject to general limitations, including:

1) a municipal or private water company with Central Arizona Project water delivery subcontracts must use most of its entitlements before using transported water;

2) any property from which groundwater is withdrawn must remain free of noxious weeds;

3) only certain wells can be used to withdraw groundwater for transportation;

4) an entity transporting groundwater must pay annual transportation fees to the affected county; and

5) depending on the infrastructure utilized, transportation may be subject to the National Environmental Policy Act process (A.R.S. §§ 9-431 et seq., 42-15251 et seq., 45-556, 45-557, 45-558, 45-559, 42 U.S.C. § 4332 et seq.).

The Arizona Corporation Commission (ACC) regulates public service corporations, including non-municipal utilities that provide water for irrigation, fire protection and other public uses. The ACC issues certificates of convenience and necessity (Certificate) that authorize the corporation to provide a service in a certain geographic area (Constitution of Arizona, Article 15 §§ 2 and 3, A.R.S. § 40-281).

Provisions

1. Authorizes a private water company to annually withdraw groundwater from the Upper San Pedro groundwater basin for transportation to the Douglas AMA if:

a) the groundwater is transported to the Douglas AMA for municipal purposes;

b) the private water company or the private water company's predecessor in interest withdrew groundwater from the Upper San Pedro groundwater basin for transportation to the Douglas AMA for municipal purposes by September 30, 1992; and

c) the private water company, on the effective date of this legislation, has a Certificate issued by the ACC to provide water service for a municipal purpose within the Douglas AMA. (Sec. 1)

2. Prohibits the total amount of groundwater that a private water company may annually transport from the Upper San Pedro groundwater basin to the Douglas AMA from exceeding the annual amount of groundwater that the private water company transported from the Upper San Pedro groundwater basin into the Douglas groundwater basin before December 1, 2022. (Sec.1)

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6. HB 2368

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

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