ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: FIN DP 5-2-0-0 | 3^rd read DPA 18-11-1-0 House: FMAE W/D | APPROP DPA/SE 11-7-0-0 | 3^rd read DPA 31-23-6-0 Final: 17-14-4-0

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SB 1300: unclaimed property; department of revenue

NOW: San Simon Valley; groundwater; election

Sponsor: Senator Petersen, LD 14

Vetoed by the Governor

Overview

An emergency measure to allow the Cochise County Board of Supervisors to call a special election to designate a portion of the San Simon Valley groundwater subbasin an Irrigation Non-expansion Area (INA).

History

Irrigation Non-Expansion Area (INA)

Arizona’s Groundwater Code, enacted in 1980, prescribed uses of groundwater "to conserve, protect and allocate its use" and provide a framework for the comprehensive management and regulation of the withdrawal, transportation, use, conservation and conveyance of rights to use groundwater in this state (A.R.S. § 45-401).

As part of the management framework, the Code initially designated two INAs, the Joseph City INA and the Douglas INA with the third, the Harquahala INA, being created in 1981. (A.R.S. §§ 45-431 and  45-432) (ADWR).

Initiation of an INA Designation

Current law prescribes that an INA designation process can be initiated by either:

1) the Director of ADWR;

2) a petition of voters; or

3) a petition of irrigation users of groundwater (A.R.S. § 45-433).

Provisions

1. Excludes acres of land that use other sources of water for irrigation that aare not groundwater from the regulations of a subsequent INA designation. (Sec. 1)

2. Requires the use of a water measuring device and to annually file a report estimating the quantity of groundwater withdrawn by a person withdrawing from a non-exempt well for:

a) An irrigation use; and

b) A non irrigation use, if more than 10 acre-feet of groundwater is withdrawn. (Sec. 1)

3. Prohibits withdraws of groundwater for irrigation from a non-exempt well in an amount exceeding five acre-feet per acre of land. (Sec. 1)

4. Allows the Director of ADWR to assess and collect a $150 penalty from a person who withdraws groundwater and violates the five acre-feet per irrigated acre quantity regulation. (Sec. 1)

5. Clarifies exemptions respective to a person withdrawing groundwater in an initial INA and provides exemptions for a person withdrawing groundwater in a subsequent INA (Sec. 1)

6. Allowed a person in a subsequent INA to:

a) permanently retire acres from irrigation and substitute the same number of acres in the same INA if the person demonstrates the substitution will not lead to a net increase in groundwater withdrawals; and

b) Construct a new or replacement non-exempt well for an irrigation use if certain conditions are met. (Sec. 2)

7. Requires any rules the Director of the Arizona Department of Water Resources (ADWR) adopts governing the location of new and replacement wells in subsequent INAs be the same riles as in active management areas (AMAs), if the new or replacement well is for an irrigation use. (Sec. 2)

8. Authorizes, prior to July 2, 2026, the Cochise County and Graham County boards of supervisors to vote to place a question on the 2026 general election ballot of whether to designate the San Simon Valley groundwater subbasin an INA. (Sec. 3 and 4)

9. Classifies eligible electors for the special election. (Sec. 3 and 4)

10. Outlines requirements pertaining to the special election for:

a) Cochise County, Graham County and their county recorders;

b) the Director of ADWR; and

c) the ballot. (Sec. 1)

11. Prescribes the language to be on the ballot. (Sec. 3 and 4)

12. Contains an emergency clause. (Sec. 5)

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16.                   SB 1300

17. Initials CW          Page 0 Vetoed by the Governor

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