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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
grandfathered right; Willcox AMA; extension
Purpose
Retroactive to January 8, 2025, extends the time period, from no later than 15 months to no later than 21 months after the date of the designation of the Wilcox Active Management Area (AMA), in which a person claiming the right to withdraw or receive and use groundwater in the Willcox AMA pursuant to a grandfathered right must apply for a certificate of grandfathered right with the Arizona Department of Water Resources (ADWR).
Background
The Director of ADWR may designate an area which is not included within an initial AMA and a subsequent AMA if the Director of ADWR determines that: 1) active management practices are necessary to preserve the existing supply of groundwater for future needs; 2) land subsidence or fissuring is endangering property or potential groundwater storage capacity; or 3) use of groundwater is resulting in actual or threatened water quality degradation. A groundwater basin that is not included within an initial AMA may be designated an AMA on petition by 10 percent of the registered voters residing within the boundaries of the proposed AMA which triggers a subsequent election held pursuant to the general election laws of Arizona (A.R.S. §§ 45-412 and 45-415). The Willcox AMA was designated by the Director of ADWR on January 8, 2025 (Willcox AMA).
In a subsequent
AMA, only acres of land which were legally irrigated at any time during the
five years preceding the date of the notice of the initiation of designation
procedures, which are capable of being irrigated and have not been retired from
irrigation for a non-irrigation use and for which the irrigation grandfathered
right has not been conveyed for a non-irrigation use, may be irrigated with
groundwater, effluent, diffused water on the surface or surface water (A.R.S.
§ 45-452). A person claiming the right to withdraw or receive and use
groundwater pursuant to a grandfathered right must file an application for a
certificate of grandfathered right with ADWR no later than 15 months after the
date of the designation of the AMA on a form provided by ADWR (A.R.S.
§ 45-476).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person claiming the right to withdraw or receive and use groundwater in the Willcox AMA pursuant to a grandfathered right to apply for a certificate of grandfathered right with ADWR no later than 21 months after the date of the designation of the AMA on a form provided by ADWR.
2. Repeals the requirement for a person claiming the right to withdraw or receive and use groundwater in the Willcox AMA to apply for a certificate of grandfathered right with ADWR on January 1, 2027.
3. Becomes effective on the general effective date, retroactive to January 8, 2025.
House Action
NREW 1/28/25 DP 6-4-0-0
3rd Read 2/11/25 32-26-2
(W/O emergency)
Prepared by Senate Research
February 28, 2025
SB/slp