HB2061 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-412, Arizona Revised Statutes, is amended to read:

START_STATUTE45-412. Subsequent active management areas; criteria; designation; review of groundwater basins; removal

A. The director may designate an area which that is not included within an initial active management area, pursuant to section 45-411, as a subsequent active management area if the director determines that any of the following exists:

1. Active management practices are necessary to preserve the existing supply of groundwater for future needs.

2. Land subsidence or fissuring is endangering property or potential groundwater storage capacity.

3. Use of groundwater is resulting in actual or threatened water quality degradation.

B. An active management area designated pursuant to this section may include more than one groundwater basin but shall not be smaller than a groundwater basin or include only a portion of a groundwater basin, except for the regional aquifer systems of northern Arizona.

C. The director shall periodically review all areas which that are not included within an active management area to determine whether such the areas meet any of the criteria for active management areas as prescribed in this section.

D. The director shall periodically review all areas that are included within a SUBSEQUENT active management area to determine whether the areas continue to meet the criteria for inclusion in an active management area as prescribed by SUBSECTION A of this section. If the director determines that an area no longer meets the criteria for inclusion as a subsequent active management area, the director may remove the SUBSEQUENT active management area designation. END_STATUTE

Sec. 2. Section 45-413, Arizona Revised Statutes, is amended to read:

START_STATUTE45-413. Hearing on designation or removal of designation of subsequent active management areas and boundaries; notice; procedures

A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A or to remove a subsequent active MANAGEMENT area designation pursuant to section 45-412, subsection D, the director shall hold a public hearing to consider:

1. Whether to issue an order declaring the area an active management area or to remove a subsequent active management area DESIGNATION.

2. The boundaries and any sub-basins subbasins of the proposed active management area or any boundary MODIFICATION of a subsequent active MANAGEMENT area.

B. The director shall give reasonable notice of the hearing under the circumstances which shall include by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed active management area or currently designated subsequent active management area is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed active management area or to be removed from the currently designated subsequent active management area and any sub-basins subbasins and any other information the director deems necessary.

C. The hearing shall be held at a location within the proposed active management area or currently designated subsequent active management area as soon as practicable but no not less than thirty days and no not more than sixty days after the first publication of the notice of hearing. At the hearing, the director shall present the factual data in his the director's possession in support of the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his the determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions. END_STATUTE

Sec. 3. Section 45-414, Arizona Revised Statutes, is amended to read:

START_STATUTE45-414. Findings on hearing; order for active management area; order for active management area removal; publication

A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an active management area, the director shall make and file an order designating the active management area. If the director decides to remove an area from a subsequent active management area, the director shall make and file an order designating the area as outside of an active management area.

B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. All factual data compiled by the director, a transcript of the hearing, a copy of the findings and a map identifying the lands included in the active management area or removed from the active management area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.

C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the active management area is located or was located. END_STATUTE

Sec. 4. Section 45-415, Arizona Revised Statutes, is amended to read:

START_STATUTE45-415. Local initiation for active management area; procedures

A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by ten percent of the registered voters residing who reside within the boundaries of the proposed active management area and who receive their drinking water from that groundwater basin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G h and in compliance with subsection c of this section, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111, be a resident of the groundwater basin and receive their drinking water from the groundwater basin.

b. a subsequent active management area DESIGNATION may be removed on petition by ten percent of the registered voters who reside within the boundaries of the subsequent active management area and who receive their drinking water from that groundwater basin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection H and in COMPLIANCE with subsection c of this section, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111, be a RESIDENT of the groundwater basin and receive their drinking water from the groundwater basin.

B. c. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin to the county recorder of each county in which the proposed active management area or currently designated subsequent active management area is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin that may aid the county recorder in the determination of determining which registered voters of the county are residents of the groundwater basin and are ELIGIBLE voters or PETITIONERS, including a map of the RESIDENCES that receive drinking water from the groundwater basin.

C. d. Any registered voter of a county whose residency in the groundwater basin and the origin of their drinking water is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency and the origin of the drinking water of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin or the origin of a residence's drinking water is not verified, the ballot shall remain unopened and shall be destroyed.

D. E. Except as provided in subsection E f of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved.

E. F. If a groundwater basin is located in two or more counties, the following procedures apply:

1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin resides.

2. The number of registered voters required to sign the petition shall be ten percent of the registered voters residing who reside within the boundaries of the proposed active management area and who receive their drinking water from the groundwater basin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G H and in compliance with subsection c of this section, within the county in which the plurality of the registered voters in the groundwater basin resides.

3. The election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state.

4. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin and who receive their drinking water from the groundwater basin.

F. g. The ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no".

H. To remove a groundwater basin from a subsequent active management area, the ballot shall be worded, "should the SUBSEQUENT active MANAGEMENT area DESIGNATION be removed from the (insert name of basin)?" followed by the words "yes" and "no". END_STATUTE