First Regular Session H.B. 2535
PROPOSED
SENATE AMENDMENTS TO H.B. 2535
(Reference to House engrossed bill)
Page 1, line 4, strike "regulation;"
Line 5, strike "; prohibition"
Line 6, after "A." strike remainder of line
Line 7, strike "of the well owner" insert "subject to title 45, chapter 2, the owner of an operational exempt well as defined in section 45-402 that is located"; strike "is not"
Strike line 8
Line 9, strike "is located" insert "that"; strike "has been drilled."
Strike line 10, insert "was constructed"
Line 11, strike "a municipal" insert "the"; strike ". a" insert "of the"; after "town" insert a period
Strike lines 12 through 32, insert:
"Sec. 2. Title 45, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 45-454.02, to read:
45-454.02. Exempt well use; private property; municipal annexation
The owner of an operational exempt well that is registered pursuant to section 45-593 and that is located on private property that is annexed by a city or town after the exempt well was constructed may continue to use groundwater withdrawn from the exempt well as of the date of the annexation pursuant to section 45-454 and subject to all of the following:
1. If the exempt well is in an active management area, the director may not consider impacts to the exempt well under rules adopted pursuant to section 45-598.
2. The owner of the exempt well may not sell the exempt well separately from the private property on which the exempt well is located.
3. If the owner of the exempt well subsequently seeks and obtains water service from the city or town, the owner shall abandon the exempt well in accordance with rules adopted by the director pursuant to section 45-594."
Amend title to conform