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REFERENCE TITLE: McMullen Valley; eligible entities; groundwater |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2758 |
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Introduced by Representatives Griffin: Blackman
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AN ACT
Repealing section 45-552, Arizona Revised Statutes; amending title 45, chapter 2, article 8.1, Arizona Revised Statutes, by adding a new section 45-552; RELATING to the transportation of groundwater.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 45-552, Arizona Revised Statutes, is repealed.
Sec. 2. Title 45, chapter 2, article 8.1, Arizona Revised Statutes, is amended by adding a new section 45-552, to read:
45-552. Transportation of groundwater withdrawn in McMullen Valley basin to an active management area; annual report; definition
A. An entity described in subsection B of this section that owns historically irrigated acres in the McMullen Valley groundwater basin may withdraw groundwater from the land for transportation to a location and for the purposes prescribed in subsection D of this section:
1. If the groundwater is withdrawn:
(a) From a depth to one thousand two hundred feet at the site or sites of the proposed withdrawals.
(b) At a rate that, when added to the existing rate of withdrawals in the area, does not cause the groundwater table at the site or sites of the withdrawals to decline more than an average of ten feet per year during the one hundred year evaluation period.
2. In an amount either:
(a) Per acre of the historically irrigated acres, not to exceed:
(i) Six acre-feet in any year.
(ii) Thirty acre-feet for any period of ten consecutive years computed in continuing progressive series beginning in the year transportation of groundwater from the land begins.
(b) Established by the director, but only if the director determines that withdrawals in an amount greater than that allowed by subdivision (a) of this paragraph will not unreasonably increase damage to residents of surrounding land and other water users in the McMullen Valley groundwater basin, or that one or more of the entities withdrawing the groundwater will mitigate the damage to the residents and other water users.
3. By a public service corporation, if all costs associated with withdrawing, transporting and delivering groundwater away from the McMullen Valley groundwater basin are collected from the customers of the public service corporation's water district where the transported groundwater is used.
4. If before the withdrawal of groundwater from the McMullen Valley groundwater basin, the eligible entity has demonstrated compliance with the criteria in this subsection using a hydrological study. The director shall prescribe the contents of the study that is submitted with the application.
5. If before the withdrawal of groundwater from the McMullen Valley groundwater basin, the eligible entity installs water measuring devices, or other similarly reliable and accessible methods as approved by the department, to determine the volume of groundwater that is withdrawn from wells related to the transportation activity and that is transported out of the McMullen Valley groundwater basin by pipelines, canals or conduits.
6. If within thirty days after the withdrawal of groundwater from the McMullen Valley groundwater basin for transportation, the eligible entity submits a monthly report to the department containing all of the following information:
(a) The volume of groundwater the entity withdrew from the McMullen Valley groundwater basin in the preceding month.
(b) The volume of groundwater the entity transported out of the McMullen Valley groundwater basin in the preceding month.
(c) The end use or destination of groundwater the entity transported out of the McMullen Valley groundwater basin in the preceding month.
B. The following entities are eligible to transport groundwater away from the McMullen Valley groundwater basin pursuant to subsection A of this section:
1. This state.
2. A political subdivision of this state.
3. A public service corporation that is regulated by the corporation commission and that holds a certificate of convenience and necessity for water service.
C. The director shall adopt rules to implement this section, including for the reporting of groundwater transported from the McMullen Valley groundwater basin.
D. The following locations and purposes are eligible to receive groundwater transported away from the McMullen Valley groundwater basin pursuant to subsection A of this section:
1. An initial active management area for use by an eligible entity or the Arizona water banking authority pursuant to section 45-2491.
2. La Paz county by an eligible entity in a total cumulative volume not to exceed ten percent of the total annual volume of groundwater the department determines is available for transport out of the McMullen Valley groundwater basin. An eligible entity in La Paz county may do either of the following:
(a) Transport groundwater from historically irrigated acres in the McMullen Valley groundwater basin owned by the eligible entity to a location in La Paz county for the eligible entity's own use.
(b) Sell or lease groundwater from historically irrigated acres owned by the eligible entity that are located in La Paz county to a designated provider in the Phoenix, Tucson or Pinal active management area for the designated provider's own use.
E. Any local use of groundwater by an eligible entity that sells or leases groundwater pursuant to subsection D, paragraph 2 of this section shall count toward the eligible entity's maximum per acre withdrawal limit prescribed in subsection A, paragraph 2, subdivision (a) of this section.
F. On or before July 1 of each year, the department shall submit a report to the governor, the president of the senate and the speaker of the house of representatives, and shall provide a copy of this report to the secretary of state, of the total amount of groundwater all eligible entities withdrew from the McMullen Valley groundwater basin in the preceding year.
G. This section does not prohibit a person from storing and recovering water that is not groundwater and that is stored pursuant to chapter 3.1 of this title. Water that is not groundwater and that is stored pursuant to chapter 3.1 of this title does not count toward the withdrawal limits prescribed in subsection a, paragraph 2 of this section.
H. For the purposes of this section, "historically irrigated acres" means land overlaying an aquifer that was irrigated with groundwater from that aquifer before january 1, 1988.