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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
technical correction; groundwater; AMAs
(NOW: subsequent AMAs; groundwater rights; adequacy)
Purpose
Allows a person that owns acres of land within a subsequent active management area (AMA) described on an irrigation grandfathered right (IGFR) that have not been retired from irrigation for a non-irrigation use, to apply to the Director of the Arizona Department of Water Resources (ADWR) to add acres of land within the same groundwater basin or subbasin to the person's IGFR. Grants the owner or lessee of the additional acres the right to use groundwater to irrigate the additional acres.
Background
In an AMA, a person who owns land which was legally irrigated in whole or in part with groundwater at any time during the five years preceding January 1, 1980 for initial AMAs or the date of the notice of the initiation of designation procedures or the call for the election for subsequent AMAs which is capable of being irrigated and which has not been retired from irrigation for a non-irrigation use has the right to use groundwater for the irrigation of such land. 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. The Director of ADWR must compute the maximum amount of groundwater which may be used for an IGFR in a statutorily prescribed manner (A.R.S. § 45-465).
A person who owns land that is legally entitled to be irrigated with groundwater pursuant to an IGFR and that is located within an AMA outside of the exterior boundaries of the service area of a city, town or private water company, has the right to retire such land from irrigation in anticipation of a future non-irrigation use and shall not forfeit or abandon the right to withdraw from or receive for such land the amount of groundwater calculated pursuant to the IGFR (A.R.S. § 45-469).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person that owns acres of land, within a subsequent AMA described on an IGFR that has not been retired from irrigation for a non-irrigation use, to apply to the Director of ADWR to add acres of land within the same groundwater basin or subbasin to the person's certificate of IGFR.
2. Allows the owner or lessee of additional acres added to an IGFR to have the right to use groundwater to irrigate the additional acres.
3. Specifies that if a person adds acres to a certificate of IGFR, then the IGFR is appurtenant to the original certificated acres and the additional acres.
4. Prohibits the maximum amount of groundwater a person can use to irrigate the original certificated acres and the additional acres from exceeding the maximum amount of groundwater determined for the original certificated acres.
5. Allows a person that owns acres of land, within a subsequent AMA described on an IGFR that have not been retired from irrigation for a non-irrigation use, to apply to the Director of ADWR to retire all or a portion of the acres from irrigation and substitute the retired acres for other acres within the same groundwater basin or subbasin.
6. Requires any person that retires acres from irrigation to relinquish the IGFR for the retired acres.
7. Specifies that IGFRs gained through substitution are appurtenant to the substitute acres.
8. Specifies that the owner or lessee of substitute acres has the right to irrigate the substitute acres based on the calculation of the IGFR for the retired acres.
9. Allows the owner of an IGFR in a subsequent AMA to retire from irrigation all or a portion of the acres that right is appurtenant to and convey the right for irrigation use on other land in the same groundwater basin or subbasin.
10. Requires the owner of an IGFR that retires acres from irrigation to relinquish their IGFR for the retired acres.
11. Specifies that once a person retires and conveys an IGFR that the IGFR is appurtenant to the land where the right is conveyed.
12. Requires the amount of an IGFR that is conveyed to be the current maximum amount of groundwater that an IGFR can use pursuant to the acres attached to the retired acres.
13. Allows the owner of more than one IGFR in a subsequent AMA to apply to the Director of ADWR to combine multiple IGFRs in the same groundwater basin or subbasin that are farmed by the same owner or by any person entitled to use groundwater pursuant to the person's IGFR.
14. Specifies that the IFGR is appurtenant to the certificated acres in the person's IGFR that are combined.
15. Specifies that the maximum amount of groundwater that a person can use to irrigate the combined certificated acres is the sum of the maximum amount of groundwater that a person may use to irrigate the certificated acres for each individual IGFR that is combined.
16. Defines original certificated acres as the acres described on a certificate of IGFR before the addition of acres as determined pursuant to this legislation.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
House Action
NREW 2/20/25 DPA/SE 4-3-0-3
3rd Read 2/26/25 33-27-0
Prepared by Senate Research
March 24, 2025
SB/SN/slp