HB2018 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-432, Arizona Revised Statutes, is amended to read:

START_STATUTE45-432. Subsequent irrigation non-expansion areas; designation; review of groundwater subbasins; removal

A. The director may designate an area which that is not included within an active management area as a subsequent irrigation non-expansion area if the director determines that both of the following apply:

1. There is insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands in the area at the current rates of withdrawal.

2. The establishment of an active management area pursuant to section 45-412 is not necessary.

B. An irrigation non-expansion area established pursuant to this section may include more than one groundwater sub-basin subbasin but shall not be smaller than a groundwater sub-basin subbasin or include only a portion of a groundwater sub-basin subbasin.

C. The director shall periodically review all areas that are included within a subsequent irrigation non-expansion area to determine whether the areas continue to meet the criteria for inclusion in an irrigation non-expansion area as prescribed by subsection a of this section. If the director determines that an area no longer meets the criteria for inclusion as a subsequent irrigation non-expansion area, the director may remove the subsequent irrigation non-expansion area designation. END_STATUTE

Sec. 2. Section 45-433, Arizona Revised Statutes, is amended to read:

START_STATUTE45-433. Local initiation for designation or removal; procedures

A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either:

1. Not less than twenty-five irrigation users of groundwater, or one-fourth of the irrigation users of groundwater within the boundaries of the groundwater basin or sub-basin subbasin specified in the petition.

2. Ten per cent percent of the registered voters residing who reside within the boundaries of the groundwater basin or sub-basin subbasin and who receive their drinking water from that groundwater basin or subbasin specified in the petition as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G h. The form of the petition shall be the same as for an initiative petition and the applicant for such the petition shall comply with the provisions of section 19-111, be a resident of the groundwater basin or subbasin and receive their drinking water from the groundwater basin or subbasin. If a groundwater basin or sub-basin subbasin is located in two or more counties, the number of registered voters required to sign the petition shall be ten per cent percent of the registered voters residing who reside within the boundaries of the groundwater basin or sub-basin subbasin and who receive their drinking water from the groundwater basin or subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G h, within the county in which the plurality of the registered voters in the groundwater basin or sub-basin subbasin resides.

B. A subsequent irrigation non-expansion area designation may be removed by the director or by petition to the director signed by either:

1. Not less than twenty-five irrigation users of groundwater or one-fourth of the irrigation users of groundwater within the boundaries of the groundwater basin or subbasin specified in the petition.

2. Ten percent of the registered voters who reside within the boundaries of the subsequent irrigation non-expansion area basin or subbasin and who receive their drinking water from the basin or subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection H, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111. If a groundwater basin or subbasin is located in two or more counties, the number of registered voters required to sign the petition shall be ten percent of the registered voters who reside within the boundaries of the groundwater basin or subbasin and who receive their drinking water from the groundwater basin or subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection H, within the county in which the plurality of the registered voters who receive their drinking water from the groundwater basin or subbasin resides.

B. c. Upon On receipt of a petition pursuant to subsection A, paragraph 2 or subsection B, PARAGRAPH 2 of this section, the director shall transmit the petition to the county recorder of each county in which the groundwater basin or sub-basin subbasin is located for verification of signatures. In addition, the director shall transmit a map of the groundwater basin or sub-basin subbasin to the county recorder of each such county included. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or sub-basin subbasin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or sub-basin subbasin that may aid the county recorder in the determination of determining which registered voters of the county are residents of the groundwater basin or sub-basin subbasin and are ELIGIBLE voters or PETITIONERS, including a map of the RESIDENCES that receive drinking water from the groundwater basin or subbasin. END_STATUTE

Sec. 3. Section 45-435, Arizona Revised Statutes, is amended to read:

START_STATUTE45-435. Hearing on designation or removal of subsequent irrigation non-expansion areas and boundaries; notice; procedures

A. If the director finds that an area which that is not included within an active management area meets the criteria specified in section 45-432, a SUBSEQUENT irrigation non-expansion area no longer meets the criteria specified in section 45-431 or a petition is filed pursuant to section 45-433, the director shall hold a public hearing to consider:

1. Whether to issue an order declaring the area an irrigation non-expansion area or to remove a SUBSEQUENT irrigation non-expansion area DESIGNATION.

2. The boundaries of the proposed irrigation non-expansion area or any boundary MODIFICATION of a subsequent irrigation non-expansion area.

B. The director shall give reasonable notice of the hearing under the circumstances which shall include the by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed irrigation non-expansion area or currently designated subsequent irrigation non-expansion area is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed irrigation non-expansion area or to be removed from the currently designated subsequent irrigation non-expansion area and any other information the director deems necessary.

C. The hearing shall be held at a location in the county in which the major portion of the proposed irrigation non-expansion area is located no or at a location within the currently designated subsequent irrigation non-expansion area not less than thirty days but no not more than sixty days after the first publication of the notice of the hearing. At the hearing, the director shall present the factual data in his the director's possession in support of or in opposition to the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his the determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions. END_STATUTE

Sec. 4. Section 45-436, Arizona Revised Statutes, is amended to read:

START_STATUTE45-436. Findings on hearing; order for irrigation non-expansion area; order for irrigation non-expansion area removal; publication

A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an irrigation non-expansion area, the director shall make and file an order designating the irrigation non-expansion area. If the director decides to remove an area from a subsequent irrigation non-expansion area, the director shall make and file an order designating the area as outside of an irrigation non-expansion area.

B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. All factual data compiled by the director, a transcript of the hearing, a copy of the findings and a map identifying the lands included in the irrigation non-expansion area or removed from the irrigation non-expansion area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.

C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the irrigation non-expansion area is located or was located. END_STATUTE