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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
irrigation non-expansion area; substitution; acres
Purpose
Allows a person who owns acres of land that may be irrigated to permanently retire those acres from irrigation, substitute for those acres the same number of acres in the same irrigation non-expansion area (INA) and use the associated water for any end use if the person demonstrates to the Director of the Arizona Department of Water Resources (ADWR) that the substitution of acres will not lead to a net increase in groundwater withdrawal in the INA.
Background
An INA is a geographic area that has been designated as having insufficient groundwater to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of withdrawal (A.R.S. § 45-402).
In an INA, only acres of land that were legally irrigated at any time between January 1, 1975, and January 1, 1980, may be irrigated with groundwater, effluent, diffused water on the surface or surface water, with outlined exceptions (A.R.S. § 45-437).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person who owns acres of land that may be irrigated, if the person demonstrates to the Director of ADWR's satisfaction that the substitution of acres will not lead to a net increase in groundwater withdrawal in the INA, to:
a) permanently retire those acres from irrigation;
b) substitute, for those acres, the same number of acres in the same INA; and
c) use the associated water for any end use.
2. Prohibits the Director of ADWR from conditioning the approval of a person's application to substitute acres on the person reducing groundwater use.
3. Becomes effective on the general effective date.
House Action
NREW 2/6/24 DP 5-4-0-1
3rd Read 2/27/24 31-27-1-0-1
Prepared by Senate Research
March 12, 2024
RA/SDR/slp