PREFILED JAN 02 2024
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REFERENCE TITLE: active management area; groundwater right |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2099 |
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Introduced by Representative Griffin
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An Act
amending section 45-465, Arizona Revised Statutes; relating to the groundwater code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-465, Arizona Revised Statutes, is amended to read:
45-465. Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy
A. In an active management area, a person who owns land which that was legally irrigated in whole or in part with groundwater at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation procedures or the call for the election for subsequent active management areas, which that is capable of being irrigated and which that has not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 has the right to use groundwater for the irrigation of such land as determined pursuant to subsections B and C of this section.
B. Except as provided in subsection C of this section, the director shall compute the maximum amount of groundwater which that may be used pursuant to this section as follows:
1. Determine the farm units, as defined in section 45-402, within the active management area.
2. Determine the irrigation water duty, as defined in section 45-402, for each farm unit in an active management area, pursuant to sections 45-564 through 45-568 article 9 of this chapter.
3. Determine the water duty acres for each farm within the farm unit. The water duty acres are the highest number of acres in the farm, taking land rotation into account, which that were legally irrigated during any one year in the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation procedures or the call for the election for subsequent active management areas.
4. Determine the irrigation acres for each farm within the farm unit. The irrigation acres are the acres in the farm which that were legally irrigated at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation procedures or the call for the election for subsequent active management areas, which that are capable of being irrigated and which that have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469.
5. Multiply the water duty acres for each farm within the farm unit by the irrigation water duty for the farm unit and divide that amount by the number of irrigation acres in the farm. The result shall be the maximum amount of groundwater which that may be used per year for the irrigation of each irrigation acre in the farm. If the farm is located in an active management area other than the Santa Cruz active management area and is irrigated solely with groundwater, the amount of groundwater used by the farm for irrigation shall be accounted for pursuant to section 45-467, subsection C. If a farm is located in an active management area other than the Santa Cruz active management area and is irrigated with a combination of surface water and groundwater, the amount of groundwater used by the farm for irrigation shall be accounted for pursuant to section 45-467, subsection D. If a farm is located in the Santa Cruz active management area, the amount of water, other than stored water, withdrawn from a well and used by the farm for irrigation purposes shall be accounted for pursuant to section 45-467, subsection E or F.
6. If the director or the voters of a groundwater basin designate a subsequent active management area that immediately before the designation as an active management area was designated as an irrigation non-expansion area, the director may not grant a water duty to any person that is less than the highest annual withdrawal of the groundwater user since the basin or subbasin was designated an irrigation non-expansion area. A person that owns land that may be legally irrigated in whole or in part with groundwater in an irrigation non-expansion area that subsequently becomes an active management area shall on the designation of a subsequent active management area be granted an irrigation water duty and a designation of the number of farm units consistent with the user's highest annual withdrawal since the basin or subbasin was designated an irrigation non-expansion area. The department shall provide each eligible user pursuant to this paragraph a notice of the groundwater's user expected water duty and number of farm units. The groundwater user may accept the department's determination and receive the irrigation water duty and determination of farm units without charge and may not be required to submit an additional application or pay any fees. A groundwater user who does not accept the department's determination may contest the department's determination pursuant to title 12, chapter 7, article 6, except that the person may not be assessed any costs, filling fees or charges for a new or amended application for a determination of acres entitled to irrigation.
C. A person who owns land described in subsection A of this section and whose water use on the land is regulated under a best management practices program that is adopted by the director pursuant to section 45-566.02, subsection F, section 45-567.02, subsection G or section 45-568.02, subsection G:
1. Has the right to use groundwater for an irrigation use on the irrigation acres within that land as those acres are determined pursuant to subsection B, paragraph 4 of this section.
2. Is exempt from the provisions of subsection B of this section with respect to that land.
D. The right to use groundwater pursuant to this section for the irrigation of an irrigation acre is an irrigation grandfathered right and is appurtenant to that acre. An irrigation grandfathered right is owned by the owner of the land to which it is appurtenant and may be leased for an irrigation use with the land to which it is appurtenant.
E. A person who owns or leases irrigation acres may use the total amount of groundwater allowed by the irrigation grandfathered right for such acres for the irrigation of all or a portion of such acres.
F. If the irrigation water duty for the farm unit in which an irrigation acre is located is reduced by the director pursuant to article 9 of this chapter, the amount of groundwater which that may be used for the irrigation of such acre pursuant to the irrigation grandfathered right under subsection B of this section is reduced accordingly.
G. For the purposes of this chapter, the amount of groundwater which that may be used or is used is the amount of groundwater withdrawn by the groundwater user, measured at the point of withdrawal, and the amount of groundwater received by the groundwater user from an irrigation district or other source.
Sec. 2. Douglas active management area; irrigation grandfathered right
On the effective date of this act, the director of the department of water resources shall grant all groundwater users in the Douglas active management area an irrigation water duty consistent with this act.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.