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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
Colorado River; pumping; notice; objection
Purpose
Requires a person who files a notice of intention to drill a well (NOI) that is located in prescribed areas within a county adjacent to the Colorado River and who holds an entitlement to Colorado River water to include in the NOI that the municipality, county, irrigation district or county water authority governing the well does not object to the Arizona Department of Water Resources (ADWR) granting the person a drill limit permit.
Background
NOI forms must be filed prior to drilling, deepening, replacing or modifying any well located outside of an active management area and can be obtained at ADWR's office and website. In addition to a fee of either $100 or $150, applicants must submit information about the proposed or existing well, the well owner and landowner and proposed construction plans for the well. ADWR has 15 days after receipt of an NOI to perform an administrative completeness review to determine whether the NOI should be accepted or rejected and whether a drilling authority should be granted or denied (A.R.S. § 45-596)
Arizona counties adjacent to the Colorado River include Yuma, LaPaz, Mohave and Coconino. Entitlements held by non-federal Arizona Colorado River water users are created by federal decree of the U.S. Supreme Court or through a contract with the Secretary of the Interior under the Boulder Canyon Project Act of 1928. Entitlements and access to Colorado River water differ among cities, private water companies, tribes, agricultural districts and industrial users throughout Arizona (ADWR).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person who files an NOI that is located within the city limits or water service area of a city or town in a county adjacent to the Colorado River and who holds an entitlement to Colorado River water to include in the NOI a statement from the city or town that the city or town does not object to ADWR granting the person a drill permit.
2. Requires a person who files an NOI that is located within the boundaries or water service area of an irrigation district in a county adjacent to the Colorado River and who holds an entitlement to Colorado River water to include in the NOI a statement from the irrigation district that the irrigation district does not object to ADWR granting the person a drill permit.
3. Requires a person who files an NOI that is located within five miles of the Colorado River in a county adjacent to the Colorado River and within the boundaries of a water service area of a county water authority and who holds an entitlement to Colorado River water to include in the NOI a statement from the water authority that the water authority does not object to ADWR granting the person a drill permit.
4. Requires a person who files an NOI to submit the NOI to the governing body of a municipality, county, irrigation district or county water authority before submitting the NOI to ADWR.
5. Requires a governing body of a municipality, county, irrigation district or county water authority to approve or reject an NOI within 45 days of receiving the NOI.
6. Requires the Director of ADWR, if the governing body does not act on an NOI within 45 days, to assume that the governing body does not object to the application and the person has included a statement of no objection.
7. Prohibits the Director of ADWR from issuing an NOI unless the application includes a statement from the governing body that it does not object or proof that the governing body did not act within the allotted time frame.
8. Adds the requirement of a statement of no objection from the governing body of a municipality, county, irrigation district or county water authority for an application of an NOI for an exempt well located in a water service area.
9. Defines water service area as:
a)
with respect to a city or town, the area of land actually being served
water, for a
non-irrigation use, by the city or town plus:
i. additions to such area that contain an operating distribution system owned by the city or town primarily for the deliver of water for a non-irrigation use; and
ii. the service area of a city, town or private water company that obtains its water from the city pursuant to a contract entered into before the date of the designation of the active management area; and
b) with respect to a private water company, the area of land of the private water company actually being served water, for a non-irrigation use, by the private water company plus additions to such area that contain an operating distribution system owned by the private water company primarily for the deliver of water for a non-irrigation use.
10. Repeals the requirement for the Director of ADWR to provide written notice to the Secretary of State and the Executive Director of the Arizona Legislative Council of the date final regulations for administering entitlements to Colorado river water in the lower Colorado river basin are published in the federal register.
11. Repeals the conditional enactment of becoming effective 30 days after the date final regulations for administering entitlements to Colorado River water in the Lower Colorado River Basin are published in the Federal Register.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2024
RA/KP/sr