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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
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c) is located outside of an area in which groundwater may be withdrawn and transported.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.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2123 sends the message that Arizona is uninterested in sound management of groundwater supplies. H.B. 2123 also contains technical, legal and practical issues – as it would preclude the requirement for measuring devices in certain INAs and may prevent cities, towns or irrigation districts from requiring measuring devices on water withdrawn from their own lands and jurisdictions.
House Action Senate Action
NREW 1/23/24 DPA 5-4-0-0 NREW 2/29/24 DP 4-3-0
3rd Read 2/1/24 31-26-0-0-3 3rd Read 3/27/24 16-13-1
Vetoed by the Governor 4/2/24
Prepared by Senate Research
April 4, 2024
RA/slp