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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
stock watering; active management areas
Purpose
Allows a person who holds a certificate of an irrigation grandfathered right (IGFR) in any active management area (AMA), rather than in an initial AMA, the right to annually withdraw up to 10 acre-feet of groundwater for domestic purposes or stock watering from a well or wells the holder is using to withdraw groundwater for irrigation use on the certificated acres and use the groundwater if statutorily outlined conditions apply.
Background
In an AMA, a person who was legally withdrawing and using
groundwater as of the date of the designation of the AMA or who owns land
legally entitled to be irrigated with groundwater has the right to withdraw or
receive and use groundwater as determined by the Director of the Arizona
Department of Water Resources (ADWR). There are three categories of
grandfathered rights: 1) non-irrigation grandfathered rights associated with
retired irrigated land;
2) non-irrigation grandfathered rights not associated with retired irrigated
land; and 3) IGFRs. In an AMA, a person who owns land which was legally
irrigated in whole or in part with groundwater at any time during the five
years preceding January 1, 1980, for initial AMAs or the date of the notice of
the initiation of designation procedures or the call for the election for
subsequent AMAs, which is capable of being irrigated and which has not been
retired from irrigation for a non-irrigation use has the right to use
groundwater for the irrigation of such land. The owner of an IGFR may convey
the right only with the land to which the right is appurtenant (A.R.S.
§§ 45-462; 45-465; and 45-472).
A person who holds an IGFR in an initial AMA has the right to annually withdraw up to 10 acre-feet of groundwater for domestic purposes or stock watering from a well or wells the holder is using to withdraw groundwater for irrigation use on the certificated acres, if: 1) as of June 12, 1980, groundwater withdrawn from the well or wells was being used for domestic purposes or stock watering; and 2) no certificate of type 2 non-irrigation grandfathered rights has been issued by the Director of ADWR. Groundwater withdrawn under these conditions may only be used on the same land and for the same purpose of which groundwater withdrawn from the well or wells was being used as of June 12, 1980 (A.R.S. § 45-465.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person who holds an IGFR in any AMA, rather than in an initial AMA, the right to annually withdraw up to 10 acre-feet of groundwater for domestic purposes or stock watering from a well or wells the holder is using to withdraw groundwater for irrigation use on the certificated acres and use the groundwater if statutorily outlined conditions apply.
2. Makes technical and conforming changes.
3. Becomes effective date on the general effective date.
Prepared by Senate Research
January 30, 2026
SB/SF/hk