|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: NREW DP 6-4-0-0 |
HB 2097: irrigation non-expansion areas; withdrawal; maximum
Sponsor: Representative Griffin, LD 19
Caucus & COW
Overview
Establishes a maximum annual groundwater withdrawal limit for irrigation use from non-exempt wells in Irrigation Non-Expansion Areas (INAs). Allows a person to substitute irrigated acres or replace non-exempt wells for irrigation uses in subsequent INAs.
History
Arizona’s Groundwater Code (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. As part of the management framework, the Code initially designated two INAs and allowed for subsequent INAs to be designated at the behest of the Director of the Department of Water Resources (Director) in certain circumstances. Currently there are three INAs: Joseph City, Harquahala and Hualapai Valley (ADWR) (A.R.S. §§ 45-401, 45-431 and 45-432).
Arizona can categorize groundwater wells as either exempt or non-exempt. Exempt wells are primarily used for domestic use and are designed to pump no more than 35 gallons per minute. Non-exempt wells do not qualify as exempt or replacement wells and have a pump capacity of greater than 35 gallons per minute (A.R.S. §§ 45-454 and 45-2701).
Provisions
Groundwater Withdrawal Limitations and Exemptions
1. Prohibits annual withdrawal of more than six acre-feet of groundwater per acre of legally irrigated land from non-exempt wells in initial and subsequent INAs. (Sec. 1)
2. Assesses a penalty of $150 for a violation of the six acre-feet per acre of irrigated land annual limit in initial and subsequent INAs. (Sec. 1)
3. Provides that in subsequent INAs, irrigation must occur with groundwater prior to the initiation of designation of the INA to continue to irrigate with groundwater in the established INA. (Sec. 1)
4. Removes effluent, diffused water on the surface and surface water from the allowed types of water for irrigation after the designation of a subsequent INA. (Sec. 1)
5. Designates that existing requirements and exemptions for water measuring devices apply to initial INAs only. (Sec. 1)
6. Establishes requirements for measuring devices in subsequent INAs. (Sec. 1)
7. Reduces the penalty assessed for failure to file a report to the Director from $150 to $125. (Sec. 1)
8. Exempts a correctional facility that meets certain parameters from the six acre-foot of groundwater per acre of irrigated land limit. (Sec. 1)
9. Establishes new exemptions from using a water measuring device on a non-exempt well for irrigation use in a subsequent INA if:
a. groundwater withdrawn from the well for an irrigation use is used only on land that is owned by a person that has the right to irrigate 10 or fewer contiguous acres of land at the place of use;
b. groundwater withdrawn from the well is not used on land that is part of an integrated farming operation;
c. the person withdraws two and one-half or fewer acre-feet of groundwater per acre of land that is irrigated in a calendar year; and
d. the person provides an estimate of the quantity of groundwater withdrawn in the previous calendar year and files a report to the Director. (Sec. 1)
Substitution of Acres and Wells
10. Allows a person that owns land that may be legally irrigated in an INA to:
a. permanently retire those acres from irrigation and substitute them for the same number of acres in the same INA if the person demonstrates to the Director's satisfaction that the substitution will not lead to a new increase in groundwater withdrawals in the INA; and
b. construct a new non-exempt well for an irrigation use or a replacement non-exempt well in a new location for irrigation use in the same INA if:
i. the location of the new non-exempt well of the replacement non-exempt well complies with existing regulations; and
ii. the construction of the new non-exempt well or replacement non-exempt well in a location will not lead to a net increase in groundwater withdrawal in the INA. (Sec. 2)
11. Requires the rules that govern the location of new wells and replacement wells in new locations in AMAs apply to subsequent INAs if the new non-exempt wells or the replacement non-exempt wells in new locations are for an irrigation use. (Sec. 2)
12. Makes technical and conforming changes. (Sec. 1)
13.
14.
15. ---------- DOCUMENT FOOTER ---------
16. Initials CW HB 2097
17. 1/14/2026 Page 0 Caucus & COW
18.
19. ---------- DOCUMENT FOOTER ---------