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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
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. Modifies the duties of the Groundwater Users Advisory Council (GUAC) and the process for the establishment of a management goal and the adoption of a management plan in subsequent AMAs.
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).
Each AMA must have a GUAC consisting of five members appointed by the Governor to represent groundwater users in the AMA on the basis of their knowledge of, interest in and experience with problems relating to the development, use and conservation of water. The GUAC must advise the AMA's area director, make recommendations on groundwater management programs and policies for the AMA and comment to area director and Director of ADWR on draft management plans for the AMA before they are promulgated by the Director of ADWR (A.R.S. §§ 45-420 and 45-421).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
IGFRs
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.
GUAC
16. Requires the members of a GUAC in a subsequent AMA to be:
a) groundwater users in the subsequent AMA;
b) residents of Arizona; and
c) appointed by the unanimous vote of the county board of supervisors (county BOS) of the county where the majority of the acres in the subsequent AMA are located to represent the users of groundwater in the subsequent AMA, and on the basis of their knowledge of, interest in and experience with problems relating to the development, use and conservation of water.
17. Requires, if a GUAC member position is vacated, the appointing authority to appoint a new member.
18. Specifies that in an initial AMA, a GUAC member may be removed only for cause, and that in a subsequent AMA, a GUAC member may be removed for cause or through an outlined recall election.
19. Stipulates that a GUAC member who is removed or recalled from office is not eligible for appointment on any GUAC.
20. Requires the number of qualified electors to petition to hold a recall election to be equal to 25 percent of the votes cast for all candidates for Governor in the subsequent AMA at the general election preceding the filing of any recall petition.
21. Requires, if a recall election is held and one or more other candidates file a nomination petition for a GUAC member position, the candidate that receives the largest number of votes to serve the remainder of the term and the GUAC member position to remain as an appointed office that is subject to removal for cause.
22. Deems land greater than 320 acres, in areas of a subsequent AMA which were not irrigation non-expansion areas (INA), to have been in irrigation if substantial capital investment has been made for the subjugation of the land for an irrigation use.
23. Deems land greater than 320 acres, in areas of a subsequent AMA which were not INA's, to have been in irrigation if the Director of ADWR finds that substantial capital investment has been made in the 12 months before the date of the notice of the initiation procedures or the call for the election for the improvement of the land and on-site irrigation distribution facilities, including the wells, for an irrigation use.
24. Deems land in a subsequent AMA that is not more than 320 acres to have been in irrigation, if the Director of ADWR finds that substantial capital investment has been made in the five years before the notice of the initiation of designation procedures or the call for the election or the subjugation or improvement of the land for an irrigation use, including on-site irrigation distribution facilities.
25. Requires, within 30 days after the designation of a subsequent AMA, the GUAC in consultation with the Director of ADWR, to establish a management goal for the AMA and the number of years in which the goal is to be achieved.
26. Requires, no later than two years after the designation of the subsequent AMA, the GUAC in consultation with the Director of ADWR, to adopt an initial management plan for the AMA.
27. Requires GUAC, if a GUAC determines that active management is necessary to preserve the existing supply of groundwater for future needs or that land subsidence and fissuring is endangering property or potential groundwater storage capacity, to include measures for reducing groundwater withdrawals that follow the statutorily outlined program in the management plan or plans.
28. Requires a GUAC, in cooperation with the Arizona Department of Environmental Quality (ADEQ), if the GUAC determines that active management is necessary because the use of groundwater is resulting in actual or threatened groundwater quality degradation, to include a program for prevention or amelioration of groundwater quality problems and a schedule for implementation of the proposed solutions in the management plan or plans.
29. Requires the GUAC to submit the proposed program for prevention or amelioration of groundwater quality problems to the Legislature for any necessary enabling legislation or coordination with existing programs of ADEQ.
30. Requires the Director of ADWR to review all management plans for technical, economic and legal feasibility prior to the adoption of the management goal or management plan.
31. Prohibits the management goal of the AMA from being safe yield if the subsequent AMA is located in a basin or subbasin where there is no feasible alternative water supply.
32. Requires the Director of ADWR to provide technical and legal support to the GUAC on request.
Miscellaneous
33. Defines original certificated acres as the acres described on a certificate of IGFR before the addition of acres as determined pursuant to this legislation.
34. Defines council.
35. Makes technical and conforming changes.
36. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires the members of a GUAC in a subsequent AMA to be:
a) groundwater users in the subsequent AMA;
b) residents of Arizona; and
c) appointed by the unanimous vote of the county BOS of the county where the majority of the acres in the subsequent AMA are located to represent the users of groundwater in the subsequent AMA and on the basis of their knowledge of, interest in and experience with problems relating to the development, use and conservation of water.
2. Prescribes procedures for the removal and recall of a GUAC member.
3. Deems land greater than 320 acres, in areas of a subsequent AMA which were not INAs, to have been in irrigation if substantial capital investment has been made for the subjugation of the land for an irrigation use.
4. Deems land greater than 320 acres, in areas of a subsequent AMA which were not INAs, to have been in irrigation if the Director of ADWR finds that substantial capital investment has been made in the 12 months before the date of the notice of the initiation procedures or the call for the election for the improvement of the land and on-site irrigation distribution facilities, including the wells, for an irrigation use.
5. Deems land in a subsequent AMA that is 320 acres or less to have been in irrigation, if the Director of ADWR finds that substantial capital investment has been made in the five years before the notice of the initiation of designation procedures or the call for the election or the subjugation or improvement of the land for an irrigation use, including on-site irrigation distribution facilities and drilling of wells.
6. Requires the GUAC, in consultation with the Director of ADWR, to establish a management goal within 30 days after the designation of a subsequent AMA and adopt an initial management plan within two years after the designation of a subsequent AMA.
7. Requires the Director of ADWR to review all management plans for technical, economic and legal feasibility prior to the adoption of the management goal or management plan.
8. Requires the Guac, if the GUAC determines that active management is necessary to preserve the existing supply of groundwater for future needs or that land subsidence and fissuring is endangering property or potential groundwater storage capacity, to include measures for reducing groundwater withdrawals that follow the statutorily outlined program in the management plan or plans.
9. Requires a GUAC in cooperation with ADEQ, if a GUAC determines that active management is necessary because the use of groundwater is resulting in actual or threatened groundwater quality degradation, to include a program for prevention or amelioration of groundwater quality problems and a schedule for implementation of the proposed solutions in the management plan or plans.
10. Requires the GUAC to submit the proposed program for prevention or amelioration of groundwater quality problems to the Legislature for any necessary enabling legislation or coordination with existing programs of ADEQ.
11. Prohibits the management goal of the AMA from being safe yield if the subsequent AMA is located in a basin or subbasin where the is no feasible alternative water supply.
12. Requires the Director of ADWR to provide technical and legal support to a GUAC on request.
13. Defines council.
14. Makes technical and conforming changes.
House Action Senate Action
NREW 2/20/25 DPA/SE 4-3-0-3 NR 3/25/25 DPA 6-0-2
3rd Read 2/26/25 33-27-0
Prepared by Senate Research
March 28, 2025
SB/SN/slp