PREFILED JAN 13 2020
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REFERENCE TITLE: water measuring devices; report |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2226 |
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Introduced by Representative Kavanagh
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AN ACT
amending section 45-604, 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 45-604, Arizona Revised Statutes, is amended to read:
45-604. Water measuring devices
A. Except as provided in subsections B, C and D of this section, a person who withdraws groundwater from a nonexempt well in an active management area or an irrigation non‑expansion area, a person who withdraws water from a non‑exempt nonexempt well in the Santa Cruz active management area or a person who withdraws groundwater for transportation to an initial active management area pursuant to article 8.1 of this chapter shall use a water measuring device approved by the director.
B. A person who holds a type 2 non‑irrigation grandfathered right or a groundwater withdrawal permit in the amount of ten or fewer acre‑feet per year is not required to use a water measuring device to measure withdrawals pursuant to that grandfathered right or groundwater withdrawal permit unless the person holds more than one such right or permit in the aggregate amount of more than ten acre‑feet per year and withdraws more than ten acre‑feet of groundwater per year pursuant to those rights or permits from one well.
C. In an irrigation non-expansion area:
1. A person who withdraws ten or fewer acre-feet of groundwater per year from a non‑exempt nonexempt well for a non‑irrigation use is not required to use a water measuring device to measure withdrawals from that well.
2. A person who withdraws groundwater from a non‑exempt nonexempt well for an irrigation use is not required to use a water measuring device to measure withdrawals from that well if both of the following apply:
(a) Groundwater withdrawn from the well for an irrigation use is used only on land that is owned by a person who has the right under section 45‑437 to irrigate ten or fewer contiguous acres at the place of the use.
(b) Groundwater withdrawn from the well is not used on land that is part of an integrated farming operation.
D. In an active management area, a person, other than an irrigation district, who withdraws groundwater from a non-exempt nonexempt well for use pursuant to an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres is not required to use a water measuring device to measure withdrawals from that well unless groundwater withdrawn from the well is also used pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45‑563.02.
E. If the director determines it necessary for water management purposes, in areas outside of an active management area and for a well that has a pump with a maximum capacity of more than thirty-five gallons per minute, the director may require the use of a water measuring device approved by the director. The director also may require an annual report that includes at least the quantity of groundwater delivered during the calendar year and other information as required by the director. the director shall provide sixty days' notice of any water measuring device requirement and for good cause may extend the time for compliance. Notwithstanding any other law, the director may enforce this subsection by issuing a cease and desist order at an administrative hearing pursuant to section 45-634, except that civil penalties may not be awarded. In any action to enforce this subsection, the prevailing party shall be awarded attorney fees and costs.
E. F. The director shall adopt rules setting forth the requirements and specifications for water measuring devices.