ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: NR DP 4-3-1-0 | 3rd Read 16-11-3-0-0 House: NREW DP 5-4-0-1

---

SB 1518: subsequent AMAs; groundwater portability

Sponsor: Senator Dunn, LD 25

Caucus & COW

Overview

In subsequent Active Management Areas (AMA) authorizes the sale, lease, use and transfer of irrigation grandfathered rights (IGFRs) and the water duty associated with the acres.

History

Irrigation Grandfathered Right (IGFR)

An IGFR is associated with land within an AMA that was legally irrigated with groundwater between January 1, 1975 and January 1, 1980, or the five years prior to the designation of a subsequent AMA and has not been retired from irrigation for non-irrigation use. To irrigate means to grow crops for sale, human consumption or livestock or poultry feed by applying water on two or more acres (A.R.S. §§ 45-402, 45-465).

To sell an IGFR, the Arizona Department of Water Resources (ADWR) must be notified through a 58-500 form. The rights are tied to the lands, allowing the owner to irrigate those acres, but the rights cannot be transferred independently of the land (ADWR).

Water Duty

Water duty refers to the amount of water in acre-feet per acre that may be applied to irrigated land in a farm unit during an accounting period as calculated by the ADWR Director (A.R.S § 45-402 and A.R.S § 45-465).

Provisions

1. Allows an owner of an IGFR in a subsequent AMA to sell, use, transfer or lease the right and the water duty associated with those acres. (Sec.1)

2. Authorizes the owner of an IGFR, that did not irrigate a set portion of lands attached to the IGFR, to sell, transfer or lease the associated water duty of the non-irrigated acres. (Sec.1)

3. Allows the original owner of the associated water duty to use the full volume of the water duty that is attached to the acres that the owner does not irrigate anywhere on the farm unit. (Sec. 1)

4. Permits the person who receives a sold, leased or transferred associated water duty to use the associated water duty anywhere in the subsequent AMA for irrigation use and to further convey the water duty. (Sec.1)

5. Requires an owner of an IGFR who proposes to use, sell, transfer or lease the irrigation grandfathered right and the associated water duty to notify the Director of ADWR via a form provided by the Director. (Sec.1)

6. Outlines the information to be included on the form. (Sec.1)

7. Mandates the Director of ADWR adopt rules, including the implementation of flexibility accounts or similar accounting methods to implement the proposed measure. (Sec.1)

8.

9.

10. ---------- DOCUMENT FOOTER ---------

11.                   SB 1518

12. Initials CW/TM   Page 0 Caucus & COW

13.

14. ---------- DOCUMENT FOOTER ---------