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ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

FACT SHEET FOR H.B. 2202

subsequent AMA; previously nonirrigated land

Purpose

Allows a person in a subsequent Active Management Area (AMA), on the Director of the Arizona Department of Water Resources' (ADWR's) determination of Irrigation Grandfathered Rights (IGFR), to irrigate land that was not previously subject to irrigation if outlined conditions apply.

Background

In a subsequent AMA, only acres of land that were legally irrigated at any time during the five years preceding the date of the notice of the initiation of designation procedures or the call for the election, that are capable of being irrigated, that have not been retired from irrigation for a
non-irrigation use and for which the IGFR has not been conveyed for non-irrigation use, may be irrigated with groundwater, effluent, diffused water on the surface or surface water. The right to use groundwater for the irrigation of an irrigation acre is an IGFR and is appurtenant to that acre. An IGFR is owned by the owner of the land to which it is appurtenant and may be leased for an irrigation use with the land to which it is appurtenant (A.R.S. § 45-452 and 45-465).

Currently, the Douglas AMA, which was designated on December 1, 2022, after an election and the Willcox AMA, which was designated on January 8, 2025, by the Director of ADWR, are the only two subsequent AMAs in Arizona (ADWR: Douglas AMA and Willcox AMA).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows a person in a subsequent AMA, on the Director of ADWR's determination of IGFRs, to irrigate land that was not previously subject to irrigation if:

a) the land is adjacent to a farm unit or parcel that was previously subject to irrigation; and

b) the person's irrigation of the land would not cause the person to exceed the volume of groundwater awarded to the person by an IGFR.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

House Action

NREW            1/28/25      DP       5-4-0-1

3^rd Read          2/12/25                  32-27-1

Prepared by Senate Research

March 20, 2025

SB/ci