Assigned to NREW                                                                                                       AS PASSED BY HOUSE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1242

 

ADWR; application; review; time frames

(NOW: water conservation grant fund; purpose)

As passed by the Senate, S.B. 1242 prescribes licensing time frames for the Director of the Arizona Department of Water Resources (ADWR) to make determinations for applications for new or modified certificates, designations or analyses of assured water supply.

Purpose

Allows a prescribed entity that owns land eligible to be irrigated in the Harquahala Irrigation Non-Expansion Area (INA) to withdraw groundwater from the land for transportation to a location for outlined purposes. Outlines eligible entities and locations and purposes that are eligible to receive the withdrawn groundwater.

Background

A groundwater replenishment district may lease the use of one or more of the wells from an irrigation district located entirely within the Harquahala INA to withdraw groundwater from a depth up to 1000 feet, at an established rate. Arizona or a political subdivision of Arizona that owns land eligible to be irrigated in the Harquahala INA may withdraw groundwater from the land for transportation to an initial active management area (AMA) for its own use or use by the Arizona Water Banking Authority as prescribed (A.R.S. § 45-554).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Harquahala INA

1.   Allows a prescribed entity, rather than the state or a political subdivision of Arizona, that owns land eligible to be irrigated in the Harquahala INA to withdraw groundwater from the land for transportation to a location and for outlined purposes, rather than to an initial AMA for its own use or use by the Arizona Water Banking Authority:

a)   by a public service corporation, if all costs associated with withdrawing, transporting and delivering groundwater away from the Harquahala INA are collected from the customers of the public service corporation's water district where the transported groundwater is used;

b)   if before the withdrawal of groundwater from the Harquahala INA or the general effective date, whichever is later, the eligible entity has demonstrated compliance with outlined criteria using a hydrological study;


 

c)   if before the withdrawal of groundwater from the Harquahala INA or the general effective date, whichever is later, the eligible entity installs water measuring devices, or other similarly reliable and accessible methods as approved by ADWR to determine the volume of groundwater withdrawn from all relevant wells and transported out of the Harquahala INA by pipelines, canals or conduits; and

d)   if after the withdrawal of groundwater from the Harquahala INA or the general effective date, whichever is later, the eligible entity submits a monthly report to ADWR containing the:

i.   volume of groundwater the entity withdrew from the Harquahala INA in the preceding month;

ii.   volume of groundwater the entity transported out of the Harquahala INA in the preceding month; and

iii.   end use or destination of groundwater the entity transported out of the Harquahala INA in the preceding month.

2.   States that the entities eligible to transport groundwater away from the Harquahala INA include:

a)   Arizona;

b)   a political subdivision of Arizona; and

c)   a public service corporation that is regulated by the Arizona Corporation Commission and that holds a certificate of convenience and necessity for water service.

3.   Requires the Director of Arizona Department of Water Resources (ADWR) to adopt rules to implement the transportation of groundwater withdrawn from the Harquahala INA, including for the reporting of the transported groundwater.

4.   Requires the Director of ADWR to prescribe the contents of the hydrological study that is submitted with the application.

5.   States that the locations and purposes eligible to receive groundwater transported away from the Harquahala INA include:

a)   an initial AMA for use by an eligible entity or the Arizona Water Banking Authority; and

b)   La Paz County by an eligible entity in a total cumulative volume not to exceed 10 percent of the total annual volume of groundwater ADWR determines is available for transport out of the Harquahala INA.

6.   Allows an eligible entity in La Paz County to:

a)   transport groundwater from eligible acres in the Harquahala INA owned by the eligible entity to a location in La Paz County for the eligible entity's own use; and

b)   sell or lease groundwater from eligible acres owned by the eligible entity that are located in La Paz County to a designate provider in the Phoenix, Tucson or Pinal AMA.

7.   Requires any local use of groundwater by an eligible entity that sells or leases groundwater to count towards the eligible entity's maximum per acre withdrawal limit.

8.   Requires ADWR, by July 1 of each year, to submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and to provide a copy of the report to the Secretary of State, that includes the:

a)   total amount of groundwater all eligible entities withdrew from the Harquahala INA in the preceding year;

b)   total amount of groundwater each eligible entity withdrew from the Harquahala INA in the preceding year delineated by entity;

c)   total amount of groundwater all eligible entities transported from the Harquahala INA in the preceding year;

d)   total amount of groundwater each eligible entity transported from the Harquahala INA in the preceding year delineated by entity;

e)   end use or destination of all groundwater all eligible entities transported from the Harquahala INA in the preceding year; and

f) end use or destination of all groundwater all eligible entities transported from the Harquahala INA in the preceding year delineated by destination or end use.

Water Conservation Grant Fund

9.   Allows an eligible entity to apply to the Water Infrastructure Finance Authority for and accept grants from the Water Conservation Grant Fund to distribute rebates for the installation of gray water systems.

10.  Makes technical and conforming changes.

11.  Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

· Adopted the strike-everything amendment relating to the Harquahala INA and the Water Conservation Grant Fund.

House Action

NREW            3/19/24      DPA/SE       5-4-0-1

3rd Read          6/15/24      DPA             21-5-4

Prepared by Senate Research

June 14, 2024

RA/slp