Bill Text: AZ HB2781 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Well ownership; sale; council recommendations
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2010-03-08 - House RULES Committee action: constitutional and in proper form, voting: (8-0-0-0-0) [HB2781 Detail]
Download: Arizona-2010-HB2781-Introduced.html
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REFERENCE TITLE: well ownership; sale; council recommendations |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2781 |
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Introduced by Representatives Young Wright, Chabin: Ableser, Bradley, Campbell CH, Campbell CL, Farley, Heinz, Pancrazi, Patterson, Sinema, Waters
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AN ACT
amending sections 45‑421 and 45-593, 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 45-421, Arizona Revised Statutes, is amended to read:
45-421. Administrative duties of the groundwater users advisory councils
The groundwater users advisory council shall:
1. Advise the area director for the active management area, make recommendations on groundwater management programs and policies for the active management area and comment to the area director and to the director on draft management plans for the active management area before they are promulgated by the director.
2. Keep the minutes of its meetings and all records, reports and other information relative to its work and programs in permanent form indexed and systematically filed.
3. Elect from its members a chairman and vice-chairman for terms of two years expiring on the third Monday of January of each even numbered year.
4. Designate the person or persons who shall execute all documents and instruments on behalf of the council.
5. Manifest and record its actions by motion, resolution or other appropriate means.
6. Make a complete record of its proceedings, which shall be open to public inspection during regular business hours in the branch office of the department in the active management area.
7. Provide comment to the Arizona water banking authority with regard to draft plans for additional storage facilities and draft plans of operation in accordance with sections 45-2453 and 45-2456.
8. In any active management area that has a goal of safe yield by 2025 and that is projected to fail to meet that goal, present to the legislature by 2015 a plan, including recommended amendments to this chapter, that will bring the active management area into compliance with the safe yield goal by 2025.
Sec. 2. Section 45-593, Arizona Revised Statutes, is amended to read:
45-593. Registration of existing wells; permanent record of all wells; reporting open wells
A. On or before June 12, 1982, a person who owns an existing well which that is or has been used to withdraw or monitor water shall register the well on a registration form provided by the director. The registration form shall include:
1. The registration number of any well previously required to be registered in this state before June 12, 1980.
2. The legal description of the land upon on which the well is located, the location of the well on the land and the name and mailing address of the owner of the land.
3. The depth, diameter and type of casing of the well.
4. Such legal description of the land upon on which the groundwater is being used as may be required by the director to administer this chapter.
5. The maximum pumping capacity of the well.
6. Any other information which that the director may require.
B. The director shall assign a registration number to each well registered pursuant to this section and to all other wells drilled pursuant to this chapter and shall maintain a permanent record of registration numbers and all other information on new and existing wells pursuant to this chapter and previous law.
C. The person to whom a well is registered shall notify the director of a change in ownership of the well, and the new owner shall furnish information as required by the director to keep the department's well registration records current and accurate. For any transfer of ownership after the effective date of this amendment to this section, in addition to furnishing information as required by the director, the new owner shall record a document that specifies the registration number of the well and that contains the information prescribed in subsection a, paragraph 2. The document shall be recorded in the office of the county recorder for the county in which the well is located.
D. Within thirty days after a change of ownership of real property, the new owner shall notify the director in writing of the existence of any open well or wells on the property which that the new owner has discovered. Thereafter, the owner shall report the existence of any open well on the property within ten days after the owner discovers the well.
E. This article shall not be construed to legalize any well existing on June 12, 1980, the effective date of this article, which that was not in accordance with prior statutory law.
