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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: NREW DPA/SE 4-3-0-3 | 3rd 33-27-0-0
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HB
2572: technical correction; groundwater rights; AMAs
NOW: subsequent AMAs; groundwater rights; adequacy
Sponsor: Representative Griffin, LD 19
Vetoed by the Governor
Overview
Outlines assured and adequate water supply requirements, applicability and provisions for initial and subsequent active management areas (AMAs).
History
Assured & Adequate Water Supply for Subdivided Lands
The Groundwater Management Code of 1980's Assured and Adequate Water Supply Program requires a developer who plans to sell or lease subdivided lands in an AMA to obtain a certificate of assured water supply from the Arizona Department of Water Resources (ADWR) or obtain a commitment for water service from a municipality or private water company with an assured water supply designation. Without a certificate, a municipality or county cannot approve the subdivision plat and the State Real Estate Commissioner will not issue a public report authorizing the sale or lease of the subdivided lands (ADWR).
Outside of AMAs, if the Director determines the water supply to be inadequate, the property may still be sold. Information on the water supply and any limitations must be disclosed in the public report provided to potential first purchasers and described in promotional or advertising material (ADWR).
Irrigation Grandfathered Right
An Irrigation grandfathered right is associated with land within an AMA that was legally irrigated with groundwater between January 1, 1975 and January 1, 1980, or the five years prior to the beginning of the designation of a subsequent AMA and has not been retired from irrigation for non-irrigation use. To irrigate means to grow crops for sale, human consumption or livestock or poultry feed by applying water on two or more acres (A.R.S. §§ 45-402, 45-465).
Provisions
1. Expands the adequate water supply program to include subsequent AMAs. (Sec. 1, 2, 3, 4 and 5)
2. Modifies the statement relating to water supplies made on the face of an approved subdivision plat. (Sec. 1 and 2)
3. Provides that in areas outside of an initial AMA, developers of proposed subdivided lands are required to demonstrate adequacy of water supply. (Sec. 6)
4. In a subsequent AMA, allows a person with an irrigation grandfathered right (IGFR) to:
a) apply to add acres to the IGFR;
b) apply to retire all or a portion of the person’s acres and substitute the retired acres for other acres within the groundwater basin or subbasin;
c) retire acres from irrigation and convey irrigation rights to other land in the same groundwater basin or subbasin; and
d) apply to combine multiple IGFRs in the same groundwater basin or subbasin. (Sec. 7)
5. Outlines the maximum amount of groundwater that may be used for acres that are added, substituted, conveyed or combined. (Sec. 7)
6. Requires the members of a Groundwater Users Advisory Council (GUAC) in a subsequent AMA to be:
a) Groundwater users in the AMA;
b) Residents of the state; and
c) Appointed by unanimous vote of the County Board of Supervisors (BOS) of the county where a majority of the acres in the AMA are located and on the basis of their knowledge of, interest in and experience with problems relating to the development, use and conservation of water. (Sec. 7)
7. Outlines recall elections to remove GUAC members and actions if a council position is vacated. (Sec. 7)
8. Provides the requirements for obtaining a certificate of assured water supply apply in initial AMAs. (Sec. 8)
9. Requires each GUAC in a subsequent AMA to adopt a management goal and management plan, in consultation with the Director of ADWR, for the AMA within specified time frames. (Sec. 11)
10. Prohibits the management goal of a subsequent AMA from being safe yield if that subsequent AMA does not have a feasible alternative water supply. (Sec. 11)
11. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12)
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15. HB 2572
16. Initials CW Page 0 Signed/Vetoed by the Governor
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