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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
technical
correction; plants; containers; non-irrigation
(NOW: groundwater; plants; wine grapes; non-irrigation)
Purpose
Expands non-irrigation uses of groundwater in an active management area (AMA) to include using groundwater to water plants grown using hydroponics and wine grapes.
Background
The use of groundwater to water plants in containers on or above the surface of the ground is a non-irrigation use in an AMA. In an initial AMA, a person who holds an irrigation grandfathered right (IGFR) may withdraw groundwater pursuant to the right and use the groundwater to water plants in containers on or above the surface of the certificated acres if the plants are grown for sale or human consumption or for use as feed for livestock, range livestock or poultry. If a person uses groundwater to water plants in containers, the total amount of water used for that purpose and for any irrigation uses on the certificated acres may not exceed the amount allowed by the irrigation water duty for the farm. The Director of Arizona Department of Water Resources (ADWR), on request by the owner of an IGFR, must separate the certificate into two certificates, with one for which plants in containers are watered with groundwater and one for acres on which groundwater is used for an irrigation use (A.R.S. § 45-465.04).
An irrigation use refers to the use of groundwater on two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, except in the Santa Cruz AMA where it refers to the use of any water, other than stored water, withdrawn from a well for the same purpose (A.R.S. § 45-402).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the classification of non-irrigation uses of groundwater in an AMA to include watering plants grown using hydroponics and wine grapes.
2. Allows a person who holds a certificate of IFGR in an initial AMA to withdraw groundwater and use it to water plants grown hydroponically on or above the surface of the certificated acres or to water wine grapes grown on the certificated acres if the plants are grown for sale or human consumption or for use as feed for livestock, range livestock or poultry.
3. Prohibits the total amount of water used by a person, if the person uses groundwater to water all plants, rather than plants in containers, or wine grapes pursuant to an outlined IGFR, from exceeding the amount of groundwater allowed by the irrigation water duty for the farm.
4. Prohibits the Director of ADWR from registering credits to the flexibility account for a farm in any year in which the person who holds the certificate of IGFR for the farm uses groundwater to water all plants, rather than plants in containers, or wine grapes on or above the surface of the certificated acres.
5. Requires, when the Director of ADWR on request of the owner of a certificate of IGFR separates the certificate into two certificates, that one of the certificates be for acres on which all plants, rather than plants in containers, or wine grapes that are watered with groundwater.
6. Makes technical changes.
7. Becomes effective on the general effective date.
House Action
NREW 2/14/25 DPA 5-3-1-1
3rd Read 2/26/25 33-27-0
Prepared by Senate Research
March 14, 2025
SB/SN/slp