ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: NREW DP 6-4-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes)	☐ Fiscal Note


HB 2551: grandfathered right; Willcox AMA; extension

Sponsor: Representative Diaz, LD 19

House Engrossed

Overview

An emergency measure that extends the deadline for a person to claim a grandfathered right to withdraw or receive and use groundwater in the Willcox active management area (AMA).

History

Persons seeking to use groundwater are required to apply for a certificate of grandfathered right no later than 15 months after the date of the designation of the AMA with the Arizona Department of Water Resources (ADWR). Grandfathered rights are withdrawal rights based on historic pumping, five-year period preceding the call for the election or the five-year period preceding the designation of the AMA (A.R.S. § 45-476).

On December 19, 2024, the director issued a Findings, Decision and Order to designate the Willcox Groundwater Basin as a subsequent AMA. This is open to irrigation users who irrigate only those acres of land within the Willcox AMA, which were legally irrigated at any time during the five years proceeding October 23, 2024 (A.R.S. § 45-416).

The current deadline to apply for a certificate of grandfathered right is April 8, 2026. Any person who does not apply before this deadline waives and relinquishes any right to withdraw or receive groundwater from this AMA.

Provisions

1.   Declares a person claiming the right to withdraw or receive and use groundwater in the Willcox AMA, in accordance with a grandfathered right will file an application with the ADWR no later than 21 months after the date of the designation of the AMA. (Sec. 1)

2.   Repeals on January 1, 2027. (Sec. 1)

3.   Contains a retroactivity clause of January 8, 2025. (Sec. 2)

4.   Contains an emergency clause. (Sec. 3)

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8.                     HB 2551

9.   Initials CW          Page 0 House Engrossed

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