Bill Text: AZ HB2174 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Exempt wells; capacity
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-19 - Assigned to House RULES Committee [HB2174 Detail]
Download: Arizona-2020-HB2174-Introduced.html
PREFILED JAN 10 2020
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REFERENCE TITLE: exempt wells; capacity |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2174 |
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Introduced by Representative Blanc
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AN ACT
amending sections 45-402, 45-454, 45-596, 45-596.01 and 45-2602, Arizona Revised Statutes; relating to wells.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-402, Arizona Revised Statutes, is amended to read:
45-402. Definitions
In this chapter, unless the context otherwise requires:
1. "Accounting period" means the calendar year, except such other twelve‑month period as may be otherwise agreed upon on by the director and the owner of a farm or a district on behalf of its landowners.
2. "Active management area" means a geographical area which that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.
3. "Animal industry use" means the production, growing and feeding of livestock, range livestock or poultry, as such those terms are defined in section 3‑1201. Animal industry use is included in the term and general treatment of industry in this chapter, unless specifically provided otherwise.
4. "City" or "town" means a city or town incorporated or chartered under the constitution and laws of this state.
5. "Conservation district" means a multi‑county water conservation district established under title 48, chapter 22.
6. "Convey" means to transfer the ownership of a grandfathered right from one person to another.
7. "Date of the designation of the active management area" means:
(a) With respect to an initial active management area, June 12, 1980.
(b) With respect to a subsequent active management area, the date on which the director's order designating the active management area becomes effective as provided in section 45‑414 or the date on which the final results of an election approving the establishment of the active management area pursuant to section 45‑415 are certified by the board of supervisors of the county or counties in which the active management area is located.
8. "Exempt well" means a well having a pump with a maximum capacity of not more than thirty‑five twenty gallons per minute which is used to withdraw groundwater pursuant to section 45‑454.
9. "Expanded animal industry use" means increased water use by an animal industrial enterprise on the land in use by the enterprise on June 12, 1980 or on immediately adjoining land, excluding irrigation uses.
10. "Farm" means an area of irrigated land which that is under the same ownership, which that is served by a water distribution system common to the irrigated land and to which can be applied common conservation, water measurement and water accounting procedures.
11. "Farm unit" means:
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, one or more farms which that are irrigated with groundwater and which that are contiguous or in proximity to each other with similar soil conditions, crops and cropping patterns.
(b) With respect to the Santa Cruz active management area, one or more farms which that are irrigated with water, other than stored water, withdrawn from a well and which that are contiguous or in proximity to each other with similar soil conditions, crops and cropping patterns.
12. "Grandfathered right" means a right to withdraw and use groundwater pursuant to article 5 of this chapter based on the fact of lawful withdrawals and use of groundwater prior to before the date of the designation of an active management area.
13. "Groundwater basin" means an area which that, as nearly as known facts permit as determined by the director pursuant to this chapter, may be designated so as to enclose a relatively hydrologically distinct body or related bodies of groundwater, which shall be described horizontally by surface description.
14. "Groundwater replenishment district" or "replenishment district" means a district that is established pursuant to title 48, chapter 27.
15. "Groundwater withdrawal permit" means a permit issued by the director pursuant to article 7 of this chapter.
16. "Initial active management area" means the Phoenix, Prescott or Pinal active management area established by section 45‑411, the Tucson active management area established by section 45‑411 and modified by section 45‑411.02 and the Santa Cruz active management area established by section 45‑411.03.
17. "Integrated farming operation" means:
(a) With respect to land within an irrigation non‑expansion area, more than ten acres of land that are contiguous or in close proximity, that may be irrigated pursuant to section 45‑437, that are not under the same ownership and that are farmed as a single farming operation.
(b) With respect to land within an active management area, two or more farms that are contiguous or in close proximity, that collectively have more than ten irrigation acres and that are farmed as a single farming operation.
18. "Irrigate" means to apply water to two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such those terms are defined in section 3‑1201.
19. "Irrigation acre" means an acre of land, as determined in section 45‑465, subsection B, to which an irrigation grandfathered right is appurtenant.
20. "Irrigation district" means a political subdivision, however designated, established pursuant to title 48, chapter 17 or 19.
21. "Irrigation grandfathered right" means a grandfathered right determined pursuant to section 45‑465.
22. "Irrigation non‑expansion area" means a geographical area which that has been designated pursuant to article 3 of this chapter as having insufficient groundwater to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of withdrawal.
23. "Irrigation use" means:
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, the use of groundwater on two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such those terms are defined in section 3‑1201.
(b) With respect to the Santa Cruz active management area, the use of water, other than stored water, withdrawn from a well on two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such those terms are defined in section 3‑1201.
24. "Irrigation water duty" or "water duty" means the amount of water in acre‑feet per acre that is reasonable to apply to irrigated land in a farm unit during the accounting period, as determined by the director pursuant to sections 45‑564 through 45‑568 or as prescribed in section 45‑483.
25. "Member land" means real property that qualifies as a member land of a conservation district as provided by title 48, chapter 22.
26. "Member service area" means the service area of a city, town or private water company that qualifies as a member service area of a conservation district as provided by title 48, chapter 22.
27. "Non‑irrigation grandfathered right" means a grandfathered right determined pursuant to section 45‑463, 45‑464, 45‑469 or 45‑472.
28. "Non‑irrigation use" means:
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, a use of groundwater other than an irrigation use.
(b) With respect to the Santa Cruz active management area, a use of water, other than stored water, withdrawn from a well, other than an irrigation use.
29. "Person" means an individual, public or private corporation, company, partnership, firm, association, society, estate or trust, any other private organization or enterprise, the United States, any state, territory or country or a governmental entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state.
30. "Private water company" means:
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, any entity which that distributes or sells groundwater, except a political subdivision or an entity which that is established pursuant to title 48 and which that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. A city or town is not a private water company.
(b) With respect to the Santa Cruz active management area, any entity which that distributes or sells water, other than stored water, withdrawn from a well, except a political subdivision or an entity which that is established pursuant to title 48 and which that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. A city or town is not a private water company.
31. "Service area" means:
(a) With respect to a city or town, the area of land actually being served water, for a non‑irrigation use, by the city or town plus:
(i) Additions to such an area which that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non‑irrigation use.
(ii) The service area of a city, town or private water company that obtains its water from the city pursuant to a contract entered into prior to before the date of the designation of the active management area.
(b) With respect to a private water company, the area of land of the private water company actually being served water, for a non‑irrigation use, by the private water company plus additions to such an area which that contain an operating distribution system owned by the private water company primarily for the delivery of water for a non‑irrigation use.
32. "Service area of an irrigation district" means:
(a) With respect to an irrigation district which that was engaged in the withdrawal, delivery and distribution of groundwater as of the date of the designation of the active management area, the area of land within the boundaries of the irrigation district actually being served water by the irrigation district at any time during the five years preceding the date of the designation of the active management area plus any areas as of the date of the designation of the active management area within the boundaries of the irrigation district which that contain an operating system of canals, flumes, ditches and other works owned or operated by the irrigation district. The service area may be modified pursuant to section 45‑494.01.
(b) With respect to an irrigation district which that was not engaged in the withdrawal, delivery and distribution of groundwater as of the date of the designation of the active management area:
(i) The acres of member lands within the boundaries of the irrigation district which that were legally irrigated at any time from January 1, 1975 through January 1, 1980 for initial active management areas or during the five years preceding the date of the designation of the active management area for subsequent active management areas.
(ii) Any areas as of the date of the designation of the active management area within the boundaries of the irrigation district which that contain an operating system of canals, flumes, ditches and other works for the withdrawal, delivery and distribution of water.
33. "Stored water" means water that is stored underground for the purpose of recovery pursuant to a permit issued under chapter 3.1 of this title.
34. "Subbasin" means an area which that, as nearly as known facts permit as determined by the director pursuant to this chapter, may be designated so as to enclose a relatively hydrologically distinct body of groundwater within a groundwater basin, which shall be described horizontally by surface description.
35. "Subsequent active management area" means an active management area established after June 12, 1980 pursuant to article 2 of this chapter.
36. "Subsidence" means the settling or lowering of the surface of land which that results from the withdrawal of groundwater.
37. "Transportation" means the movement of groundwater from the point of withdrawal to the point of use.
38. "Type 1 non‑irrigation grandfathered right" means a non‑irrigation grandfathered right associated with retired irrigated land and determined pursuant to section 45‑463, 45‑469 or 45‑472.
39. "Type 2 non‑irrigation grandfathered right" means a non‑irrigation grandfathered right not associated with retired irrigated land and determined pursuant to section 45‑464.
40. "Water district" means an active management area water district that is established under title 48, chapter 28 and that has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations as defined and used in title 48, chapter 28, article 7.
41. "Water district member land" means real property that qualifies as water district member land of a water district as provided by title 48, chapter 28.
42. "Water district member service area" means the service area of the city, town or private water company that qualifies as a water district member service area of a water district as provided by title 48, chapter 28.
43. "Well" means a man‑made opening in the earth through which water may be withdrawn or obtained from beneath the surface of the earth except as provided in section 45‑591.01.
Sec. 2. Section 45-454, Arizona Revised Statutes, is amended to read:
45-454. Exemption of small non-irrigation wells; definitions
A. Withdrawals of groundwater for non-irrigation uses from wells having a pump with a maximum capacity of not more than thirty‑five twenty gallons per minute which that were drilled before April 28, 1983 or which that were drilled after April 28, 1983 pursuant to a notice of intention to drill which that was on file with the department on such date are exempt from this chapter, except that:
1. Wells drilled before June 12, 1980 which that are not abandoned or capped or wells which that were not completed on June 12, 1980 but for which a notice of intention to drill was on file with the Arizona water commission on such date are subject to subsections J, K and L of this section and must be registered pursuant to section 45‑593. If two or more wells in an active management area are exempt under this paragraph and are used to serve the same non-irrigation use at the same location, the aggregate quantity of groundwater withdrawn from the wells shall not exceed fifty‑six acre-feet per year.
2. Wells drilled between June 12, 1980 and April 28, 1983, except as provided in paragraph 1 of this subsection, and wells drilled after April 28, 1983 pursuant to a notice of intention to drill which that was on file with the department on April 28, 1983, are subject to subsections G, I, J and K of this section.
B. Withdrawals of groundwater for non-irrigation uses from wells having a pump with a maximum capacity of not more than thirty‑five twenty gallons per minute drilled on or after April 28, 1983, except wells drilled after April 28, 1983 pursuant to a notice of intention to drill which that was on file with the department on such date, are exempt from this chapter, except that:
1. Such Those wells are subject to subsections G through K of this section.
2. In an active management area, other than a subsequent active management area designated for a portion of a groundwater basin in the regional aquifer systems of northern Arizona, withdrawals of groundwater from such those wells for non-irrigation uses other than domestic purposes and stock watering shall not exceed ten acre-feet per year.
3. In a subsequent active management area that is designated for a portion of a groundwater basin in the regional aquifer systems of northern Arizona, groundwater withdrawn from such those wells may be used only for domestic purposes and stock watering.
C. On or after January 1, 2006, an exempt well otherwise allowed by this section may not be drilled on land if any part of the land is within one hundred feet of the operating water distribution system of a municipal provider with an assured water supply designation within the boundaries of an active management area established on or before July 1, 1994, as shown on a digitized service area map provided to the director by the municipal provider and updated by the municipal provider as specified by the director.
D. On request from the owner of the land on which an exempt well is prohibited pursuant to subsection C of this section on a form prescribed by the director, the director shall issue an exemption from subsection C of this section if the landowner demonstrates to the satisfaction of the director that any of the following applies:
1. The landowner submitted a written request for service to the municipal provider that operates the distribution system and the municipal provider did not provide written verification to the landowner within thirty calendar days after receipt of the request that water service is available to the landowner after payment of any applicable fee to the municipal provider.
2. The total capital cost and fees for connecting to the operating water distribution system exceed the total capital cost and fees for drilling and fully equipping an exempt well.
3. If the applicant must obtain an easement across other land to connect to the water distribution system of the municipal provider, the applicant sent the owner of the land a request for the easement by certified mail, return receipt requested, and either the applicant did not receive a response to the request within thirty calendar days of mailing the request or the request was denied.
4. The landowner does not qualify for an exemption pursuant to paragraph 1, 2 or 3 of this subsection and the landowner provides written verification from the municipal provider that the landowner shall not receive or request water service from the municipal provider while the exempt well is operational. The exemption for that well is revoked if the landowner or any subsequent landowner receives water service from the municipal provider. In determining whether to approve or reject a permit application filed under section 45‑599, the director shall not consider any impacts the proposed well may have on an exempt well drilled pursuant to this paragraph.
E. This section does not prohibit a property owner, after January 1, 2006, from drilling a replacement exempt well for a lawful exempt well if the replacement well does not increase the total number of operable exempt wells on the applicant's land.
F. A remediation well drilled for the purpose of remediating groundwater is exempt from this section if it meets one of the following:
1. The remediation well is for an approved department of environmental quality or United States environmental protection agency remediation program.
2. A registered geologist certifies that the remediation well is for the purpose of remediation.
G. A person shall file a notice of intention to drill with the director pursuant to section 45‑596 before drilling an exempt well or causing an exempt well to be drilled.
H. The registered well owner shall file a completion report pursuant to section 45‑600, subsection B.
I. In an active management area only one exempt well may be drilled or used to serve the same non-irrigation use at the same location, except that a person may drill or use a second exempt well to serve the same non‑irrigation use at the same location if the director determines that all of the following apply:
1. Because of its location, the first exempt well is not capable of consistently producing more than three gallons per minute of groundwater when equipped with a pump with a maximum capacity of thirty‑five gallons per minute.
2. The second exempt well is located on the same parcel of land as the first exempt well, the parcel of land is at least one acre in size, all groundwater withdrawn from both exempt wells is used on that parcel of land and there are no other exempt wells on that parcel of land.
3. Combined withdrawals from both wells do not exceed five acre‑feet per year.
4. If the second exempt well is drilled after January 1, 2000, the county health authority for the county in which the well is located or any other local health authority that controls the installation of septic tanks or sewer systems in the county has approved the location of the well in writing after physically inspecting the well site.
5. Use of two wells for the same non-irrigation use at the same location is not contrary to the health and welfare of the public.
J. An exempt well is subject to sections 45‑594 and 45‑595.
K. Groundwater withdrawn from an exempt well may be transported only pursuant to articles 8 and 8.1 of this chapter.
L. A person who owns land from which exempt withdrawals were being made as of the date of the designation of the active management area is not eligible for a certificate of grandfathered right for a type 2 non‑irrigation use for such those withdrawals.
M. For the purposes of this section:
1. "Domestic purposes" means uses related to the supply, service and activities of households and private residences and includes the application of water to less than two acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such those terms are defined in section 3‑1201.
2. "Municipal provider" means a city, town, private water company or irrigation district that supplies water for non-irrigation use.
3. "Stock watering" means the watering of livestock, range livestock or poultry, as such those terms are defined in section 3‑1201.
Sec. 3. Section 45-596, Arizona Revised Statutes, is amended to read:
45-596. Notice of intention to drill; fee
A. In an area not subject to active management, a person may not drill or cause to be drilled any well or deepen an existing well without first filing notice of intention to drill pursuant to subsection C of this section or obtaining a permit pursuant to section 45‑834.01. Only one notice of intention to drill is required for all wells that are drilled by or for the same person to obtain geophysical, mineralogical or geotechnical data within a single section of land.
B. In an active management area, a person may not drill or cause to be drilled an exempt well, a replacement well in approximately the same location or any other well for which a permit is not required under this article, article 7 of this chapter or section 45‑834.01 or deepen an existing well without first filing a notice of intention to drill pursuant to subsection C of this section. Only one notice of intention to drill is required for all wells that are drilled by or for the same person to obtain geophysical, mineralogical or geotechnical data within a single section of land.
C. A notice of intention to drill shall be filed with the director on a form that is prescribed and furnished by the director and that shall include:
1. The name and mailing address of the person filing the notice.
2. The legal description of the land on which the well is proposed to be drilled and the name and mailing address of the owner of the land.
3. The legal description of the location of the well on the land.
4. The depth, diameter and type of casing of the proposed well.
5. Such legal description of the land on which the groundwater is proposed to be used as may be required by the director to administer this chapter.
6. When construction is to begin.
7. The proposed uses to which the groundwater will be applied.
8. The name and well driller's license number of the well driller who is to construct the well.
9. The design pumping capacity of the well.
10. If for a replacement well, the maximum capacity of the original well and the distance of the replacement well from the original well.
11. Proof that the director determines to be satisfactory that the person proposing to construct the well holds a valid license issued by the registrar of contractors pursuant to title 32, chapter 10 and that the license is of the type necessary to construct the well described in the notice of intention to drill. If the proposed well driller does not hold a valid license, the director may accept proof that the proposed well driller is exempt from licensing as prescribed by section 32‑1121.
12. If any water from the proposed well will be used for domestic purposes as defined in section 45‑454, evidence of compliance with the requirements of subsection F of this section.
13. If for a second exempt well at the same location for the same use pursuant to section 45‑454, subsection I, proof that the requirements of that subsection are met.
14. If for a well to obtain geophysical, mineralogical or geotechnical data within a single section of land, the information prescribed by this subsection for each well that will be included in that section of land before each well is drilled.
15. Such other information as the director may require.
D. On receiving a notice of intention to drill and the fee required by subsection L of this section, the director shall endorse on the notice the date of its receipt. The director shall then determine whether all information that is required has been submitted and whether the requirements of subsection C, paragraphs 11 and 12 and subsection I of this section have been met. If so, within fifteen days of after receipt of the notice, or such a longer time as provided in subsection J of this section, the director shall record the notice, mail a drilling card that authorizes the drilling of the well to the well driller identified in the notice and mail written notice of the issuance of the drilling card to the person filing the notice of intention to drill at the address stated in the notice. On receipt of the drilling card, the well driller may proceed to drill or deepen the well as described in the notice of intention to drill. If the director determines that the required information has not been submitted or that the requirements of subsection C, paragraphs 11 and 12 or subsection I of this section have not been met, the director shall mail a statement of the determination to the person giving the notice to the address stated in the notice, and the person giving the notice may not proceed to drill or deepen the well.
E. The well shall be completed within one year after the date of the notice unless the director approves a longer period of time pursuant to this subsection. If the well is not completed within one year or within the time approved by the director pursuant to this subsection, the person shall file a new notice before proceeding with further construction. At the time the drilling card for the well is issued, the director may provide for and approve a completion period that is greater than one year but not to exceed five years from the date of the notice if both of the following apply:
1. The proposed well is a nonexempt well within an active management area and qualifies as a replacement well in approximately the same location as prescribed in rules adopted by the director pursuant to section 45-597.
2. The applicant has submitted evidence that demonstrates one of the following:
(a) This state or a political subdivision of this state has acquired or has begun a condemnation action to acquire the land on which the original well is located.
(b) The original well has been rendered inoperable due to flooding, subsidence or other extraordinary physical circumstances that are beyond the control of the well owner.
F. If any water from a proposed well will be used for domestic purposes as defined in section 45‑454 on a parcel of land of five or fewer acres, the applicant shall submit a well site plan of the property with the notice of intention to drill. The site plan shall:
1. Include the county assessor's parcel identification number.
2. Show the proposed well location and the location of any septic tank or sewer system that is either located on the property or within one hundred feet of the proposed well site.
3. Show written approval by the county health authority that controls the installation of septic tanks or sewer systems in the county, or by the local health authority in areas where the authority to control installation of septic tanks or sewer systems has been delegated to a local authority. In areas where there is no local or county authority that controls the installation of septic tanks or sewer systems, the applicant shall apply for approval directly to the department of water resources.
G. Before approving a well site plan submitted pursuant to subsection F of this section, the county or local health authority or the department of water resources, as applicable, pursuant to subsection F of this section, shall review the well site plan and determine whether the proposed well location complies with applicable local laws, ordinances and regulations and any laws or rules adopted under this title and title 49 regarding the placement of wells and the proximity of wells to septic tanks or sewer systems. If the health authority or the department of water resources, as applicable, pursuant to subsection F of this section, finds that the proposed well location complies with this title and title 49 and with local requirements, it shall endorse the site plan and the proposed well placement in a manner indicating approval. On endorsement, the director of water resources shall approve the construction of the well, if all remaining requirements have been met. If the health authority is unable to determine whether the proposed well location complies with this title and title 49 and local requirements, it shall indicate this on the site plan and the decision to approve or reject the proposed construction rests with the director of water resources. If parcel size, geology or location of improvements on the property prevents the well from being drilled in accordance with this title and title 49 or local requirements, the property owner may apply for a variance. The property owner shall make the request for a variance to the county or local authority if a county or local law, ordinance or regulation prevents the proposed construction. If a law or rule adopted under this title or title 49 prevents the proposed construction, the property owner shall make the request for a variance directly to the department of water resources. The request for a variance shall be in the form and shall contain the information that the department of water resources, county or local authority may require. The department of water resources, or the county or local authority whose law, ordinance or regulation prevents the proposed construction, may expressly require that a particular variance shall include certification by a registered professional engineer or geologist that the location of the well will not pose a health hazard to the applicant or surrounding property or inhabitants. If all necessary variances are obtained, the director of water resources shall approve the construction of the well if all remaining requirements have been met.
H. If a well that was originally drilled as an exploration well, a monitor well or a piezometer well or for any use other than domestic use is later proposed to be converted to use for domestic purposes as defined in section 45‑454, the well owner shall file a notice of intention to drill and shall comply with this section before the well is converted and any water from that well is used for domestic purposes.
I. Except as prescribed in subsection K of this section, the director shall not approve the drilling of the well if the director determines that the well will likely cause the migration of contaminated groundwater from a remedial action site to another well, resulting in unreasonably increasing damage to the owner of the well or persons using water from the well. In making this determination, the director of water resources shall follow the applicable criteria in the rules adopted by the director of water resources pursuant to section 45‑598, subsection A and shall consult with the director of environmental quality. For the purposes of this subsection:
1. "Contaminated groundwater" means groundwater that has been contaminated by a release of a hazardous substance, as defined in section 49‑201, or a pollutant, as defined in section 49‑201.
2. "Remedial action site" means any of the following:
(a) The site of a remedial action undertaken pursuant to the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96‑510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund".
(b) The site of a corrective action undertaken pursuant to title 49, chapter 6.
(c) The site of a voluntary remediation action undertaken pursuant to title 49, chapter 1, article 5.
(d) The site of a remedial action undertaken pursuant to title 49, chapter 2, article 5, including mitigation of a nonhazardous release undertaken pursuant to an order issued by the department of environmental quality pursuant to section 49‑286.
(e) The site of a remedial action undertaken pursuant to the resource conservation and recovery act of 1976 (P.L. 94‑580; 90 Stat. 2795; 42 United States Code sections 6901 through 6992).
(f) The site of remedial action undertaken pursuant to the department of defense environmental restoration program (P.L. 99‑499; 100 Stat. 1719; 10 United States Code section 2701).
J. Except as prescribed in subsection K of this section, the director shall approve or deny the drilling of a well within forty‑five days after receipt of the notice of intention to drill if one of the following applies:
1. The proposed well is located within a remedial action site.
2. The proposed well is located within one mile of any of the following remedial action sites:
(a) A remedial action undertaken pursuant to title 49, chapter 2, article 5, including mitigation of a nonhazardous release undertaken pursuant to an order issued by the department of environmental quality pursuant to section 49‑286.
(b) A remedial action undertaken pursuant to the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96‑510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund".
(c) A remedial action undertaken pursuant to the department of defense environmental restoration program (P.L. 99‑499; 100 Stat. 1719; 10 United States Code section 2701).
3. The proposed well is located within one-half mile of either of the following remedial action sites:
(a) A remedial action undertaken pursuant to title 49, chapter 1, article 5.
(b) A remedial action undertaken pursuant to the resource conservation and recovery act of 1976 (P.L. 94‑580; 90 Stat. 2795; 42 United States Code sections 6901 through 6992).
4. The proposed well is located within five hundred feet of the site of a corrective action undertaken pursuant to title 49, chapter 6.
K. Subsections I and J of this section do not apply to the deepening of a well or to the drilling of a replacement well in approximately the same location.
L. A notice of intention to drill filed under this section shall be accompanied by a filing fee of one hundred fifty dollars $150, except that a notice filed for a proposed well that will not be located within an active management area or an irrigation nonexpansion area, that will be used solely for domestic purposes as defined in section 45‑454 and that will have a pump with a maximum capacity of not more than thirty‑five twenty gallons per minute shall be accompanied by a filing fee of one hundred dollars $100. The director shall deposit, pursuant to sections 35‑146 and 35‑147, all fees collected pursuant to this subsection in the well administration and enforcement fund established by section 45‑606.
Sec. 4. Section 45-596.01, Arizona Revised Statutes, is amended to read:
45-596.01. Additional information required with notice of intention to drill well to pump Colorado river water; exception
In addition to the information required by section 45‑596, a person who files a notice of intention to drill a well that will pump Colorado river water shall include with the notice proof that the director determines to be satisfactory that the person has the legal right to use Colorado river water. This section does not apply to a proposed well that will have a pump with a maximum capacity of not more than thirty‑five twenty gallons per minute and that will be used for the supply, service and activities of households and private residences, including the application of water to less than two acres of land to produce plants or parts of plants for sale or human consumption or for use as feed for livestock, range livestock or poultry, as those terms are defined in section 3‑1201.
Sec. 5. Section 45-2602, Arizona Revised Statutes, is amended to read:
45-2602. Establishment of southside protection zones; reporting requirements
A. The following southside protection zones are established on the effective date of this section December 14, 2007:
1. The eastern protection zone north.
2. The eastern protection zone south.
3. The western municipal and industrial protection zone.
4. The western municipal protection zone.
5. The central protection zone.
B. The boundaries of the southside protection zones established under subsection A of this section are shown on the maps that are dated March 25, 2002 and that are on file in the department. The maps shall be available for examination by the public during regular business hours.
C. Each person in the Pinal active management area who withdraws underground water during a calendar year in a southside protection zone established under this section, other than the central protection zone, shall file an annual report with the director no later than March 31 of each year for the preceding calendar year. The report shall contain the following information in addition to any other information required by section 45‑632:
1. The amount of underground water withdrawn within the southside protection zone and the name of the protection zone.
2. If the underground water was used for a nonirrigation use, the purpose for which the underground water was used, the location of the use, the acreage of the parcel or parcels of land on which the underground water was used and the date the use commenced.
3. The amount of any water replenished during the year pursuant to section 45‑2611, subsection B, paragraph 2, the water use for which the water was replenished and the manner in which the water was replenished.
4. The amount of any water replaced during the year pursuant to section 45‑2611, subsection B, paragraph 3, the water use for which the water was replaced and the manner in which the water was replaced.
D. A person who is required to file an annual report for a year under subsection C of this section:
1. Shall use a water measuring device approved by the director unless exempt under section 45‑604.
2. Shall maintain current accurate records of the person's withdrawals, transportation, deliveries and use of underground water as prescribed by the director.
3. May combine the report with an annual report for the same year filed under section 45‑632.
4. Shall comply with the requirements prescribed in section 45‑632, subsections N, O and P and is subject to the penalties prescribed in section 45‑632, subsection O as if the report was required by section 45‑632.
E. A person who withdraws underground water from an exempt well is exempt from the record keeping and reporting requirements of subsections C and D of this section. For the purposes of this subsection, "exempt well" means a well that has a pump with a maximum capacity of not more than thirty‑five twenty gallons per minute, that is used to withdraw underground water and that would qualify as an exempt well under section 45‑454 if used to withdraw groundwater.
F. If stored water is withdrawn in the Pinal active management area in a southside protection zone established under this section, other than the central protection zone, the annual report filed under section 45‑875.01, subsection D shall include:
1. The amount of stored water withdrawn within the southside protection zone and the name of the protection zone.
2. If the stored water was used for a nonirrigation use, the purpose for which the water was used, the acreage of the parcel or parcels of land on which the water was used, the location of the use and the date the use commenced.
3. The identification of the storage facility in which the water was stored.
4. The amount of any water replenished during the year pursuant to section 45‑2611, subsection B, paragraph 2, the water use for which the water was replenished and the manner in which the water was replenished.
5. The amount of any water replaced during the year pursuant to section 45‑2611, subsection B, paragraph 3, the water use for which the water was replaced and the manner in which the water was replaced.
Sec. 6. Conditional enactment
Section 45-596.01, Arizona Revised Statutes, as amended by this act, becomes effective on the date prescribed by Laws 2007, chapter 91, section 3 but only on the occurrence of the condition prescribed by Laws 2007, chapter 91, section 3.
