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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
wells; water measuring devices; prohibition
Purpose
Prohibits the State of Arizona or a political subdivision of Arizona from requiring a water measuring device for any well that is located in a basin or subbasin to which the groundwater basin or subbasin meets outlined requirements.
Background
A person who
withdraws groundwater from a nonexempt well in an active management area (AMA)
or an irrigation non-expansion area, a person who withdraws water from a
nonexempt well in the Santa Cruz AMA or a person who withdraws groundwater for
transportation to an initial AMA must use a water measuring device approved by
the Director of the Arizona Department of Water Resources (ADWR). Statute
outlines exemptions from this requirement, including for: 1) a person who holds
a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit
in the amount of 10 or fewer acre feet per year with exceptions; 2) in an INA,
a person who withdraws 10 or fewer acre-feet of groundwater per year from a
nonexempt well for a
non-irrigation use; 3) in an INA, a person who withdraws groundwater from a
nonexempt well for an irrigation use if the water is used only on land that is
owned by a person who has an established right to irrigate 10 or fewer
contiguous acres or the water is not used on land that is part of an integrated
farming operation; and 4) in an AMA, a person, other than an irrigation
district, who withdraws groundwater from a nonexempt well for use pursuant to
an irrigation grandfathered right that is appurtenant to 10 or fewer irrigation
acres (A.R.S.
§ 45-604).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the State of Arizona or a political subdivision of Arizona, notwithstanding any other law, from requiring a water measuring device for any well that is located in a basin or subbasin if the groundwater basin or subbasin:
a) contains a river system or source that is subject to a general adjudication of water rights, and water rights are not fully adjudicated;
b) is located outside of an initial AMA; and
c) is located outside of an area in which groundwater may be withdrawn and transported.
2. Specifies that the prohibition on requiring a water measuring device for a well located in the outlined basin or subbasin does not impede or impair:
a) the terms and conditions of a valid contract or settlement agreement; or
b) the authority, actions and remedies that are available to a court of competent jurisdiction or special master in a general stream adjudication.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
NREW 1/23/24 DPA 5-4-0-0
3rd Read 2/1/24 31-26-0-0-3
Prepared by Senate Research
February 27, 2024
RA/slp