ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
wells;
intention to drill; appropriation
(NOW: wells; intention to drill)
Purpose
Requires the Director of the Arizona Department of Water Resources (ADWR) to conduct an audit of all notices of intention to drill (NOI) that are filed with ADWR.
Background
In an area located outside of an active management area (AMA), a person may not drill or cause to be drilled any well or deepen an existing well without first filing an NOI or obtaining a permit. In an AMA, a person may not drill or cause to be drilled an exempt well, a replacement well in approximately the same location or any other well for which a permit is not required or deepen an existing well without first filing an NOI. Only one NOI is required for all wells that are drilled by or for the same person to obtain geophysical, mineralogical or geotechnical data within a single section of land. Statute outlines the information an NOI must contain (A.R.S. § 45-596).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director of ADWR to conduct an audit of all NOIs that are filed with ADWR.
2. Requires the Director of ADWR, for each NOI that is audited, to determine if the NOI resulted in the person drilling a new well or deepening an existing well.
3. Requires the Director of ADWR, if the person acted on the NOI, to determine:
a) if the well is active;
b) if the well has been removed, decommissioned, or retired;
c) if the well uses a pump;
d) if the well is an exempt well; and
e) the primary use of the well, including agricultural, commercial, manufacturing, mining, municipal, power generation, recreational or residential use.
4. Requires the Director of ADWR, by January 1, 2026, to submit a report of its findings to the Governor, the President of the Senate and the Speaker of the House of Representatives and to provide a copy of the report to the Secretary of State.
5. Repeals the requirement to audit all NOIs on July 1, 2026.
6. Becomes effective on the general effective date.
House Action
NREW 1/30/24 DP 5-4-0-0
APPROP 2/7/24 DPA 10-7-0-0
3rd Read 2/27/24 31-27-1-0-1
Prepared by Senate Research
March 12, 2024
RA/slp