ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: NREW DP 5-4-0-0 |3^rd Read 31-28-0-0-1 Senate: NREW DP 4-2-1-0 | 3^rd Read 18-9-3-0-0

---

HB 2368: transportation; groundwater; Douglas AMA

Sponsor: Representative Griffin, LD 19

Transmitted to the Governor

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groundwater basin, Harquahala Irrigation Non-Expansion Area and Big Chino sub-basin) from which groundwater can be withdrawn and transported to AMAs.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2) any property from which groundwater is withdrawn must remain free of noxious weeds;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 an owner of a non-exempt well located in the Upper San Pedro groundwater basin 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 the same purposes for which the groundwater was transported to the Douglas groundwater basin before December 1, 2022;

b) the owner of the non-exempt well or the owner's predecessor in interest withdrew groundwater from the Upper San Pedro groundwater basin for transportation to the Douglas AMA by December 1, 2022; and

c) the owner of the well is a private water company, 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 an owner of a well may annually transport from the Upper San Pedro groundwater basin to the Douglas AMA from exceeding the highest annual amount of groundwater that the owner of the well withdrew from the Upper San Pedro groundwater basin for the transportation to the Douglas groundwater basin in any of the preceding 10 years before December 1, 2022. (Sec.1)

3. Requires a well owner that wishes to transport groundwater from the Upper San Pedro groundwater basin to the Douglas groundwater basin, within 30 days after the effective date of this legislation or 30 days before the effective date of groundwater withdrawal, to submit specified criteria to the ADWR Director. (Sec. 1)

4.

5.

6. ---------- DOCUMENT FOOTER ---------

7.                   HB 2368

8. Initials EB/BSR  Page 0 Transmitted

9.

10. ---------- DOCUMENT FOOTER ---------