Bill Text: AZ SB1219 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Drought emergency groundwater transfer
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-25 - Referred to Senate WLRD Committee [SB1219 Detail]
Download: Arizona-2011-SB1219-Introduced.html
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REFERENCE TITLE: drought emergency groundwater transfer |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1219 |
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Introduced by Senator Allen
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AN ACT
amending title 45, chapter 2, article 8, Arizona Revised Statutes, by adding section 45-548; 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. Title 45, chapter 2, article 8, Arizona Revised Statutes, is amended by adding section 45‑548, to read:
45-548. Drought emergency groundwater transfer; definitions
A. Notwithstanding section 45-544, subsection A, paragraph 2, in areas outside of active management areas, groundwater may be transported away from a groundwater basin or away from the upper San Pedro water district if established under title 48, chapter 37 on application to and approval by the director pursuant to subsection B of this section. The director shall post the application on the department's website before approving the application.
B. The director shall approve a request to transport groundwater away from a groundwater basin outside of an active management area or away from the upper San Pedro water district if established under title 48, chapter 37 if the director finds that all of the following apply:
1. The governor has declared an emergency due to lack of precipitation or a water shortage pursuant to section 35-192.
2. The groundwater to be transported will be withdrawn from a well that is in existence as of the date of the governor's declaration of emergency.
3. If the groundwater to be transported will be withdrawn from a well within the incorporated area of a city or town, the city or town has consented to the groundwater withdrawal.
4. If the groundwater to be transported will be withdrawn from a well within the boundaries of a political subdivision, however designated, established pursuant to title 48, chapter 17 or 19, the political subdivision has consented to the groundwater withdrawal.
5. If the groundwater to be transported will be withdrawn from a well within the boundaries of a county for use in another county, the county from which the groundwater will be withdrawn has consented to the groundwater withdrawal.
6. The groundwater to be transported will be transported only by motor vehicle or train.
7. The groundwater transportation is necessary to provide water supplies for domestic purposes, stock watering or potable municipal water service purposes in a location included in the emergency declaration.
8. The groundwater to be transported will be used only for domestic purposes, stock watering or potable municipal water service purposes.
9. The county, city, town or other political subdivision within which the transported water is to be used has implemented an emergency conservation plan sufficient to prevent nonessential use of the groundwater.
10. The groundwater to be transported will not be used in an active management area.
C. If the director approves the request to transport groundwater pursuant to subsection B of this section, the approval is valid for six months, or until the director determines that the groundwater transportation is no longer necessary to provide water supplies for domestic purposes, stock watering or potable municipal water service purposes in a location experiencing a water shortage, whichever occurs first. On request, the director may extend the approval of the groundwater transportation for one additional six month period on the expiration of the original approval period, if the director determines that all of the requirements of subsection B of this section continue to apply. On expiration or revocation of the approval to transport groundwater, the transportation of the groundwater shall immediately cease.
D. The director shall approve or deny a request to transport groundwater pursuant to subsection B of this section within thirty days of the receipt of the request. Title 41, chapter 6, article 7.1 does not apply to this section.
E. Groundwater transported pursuant to this section is subject to the payment of damages.
F. Groundwater transported pursuant to this section shall not be transported to subsidize insufficient supplies due to continued growth or deficient base water supplies.
G. For the purposes of this section, "domestic purposes" and "stock watering" have the same meanings prescribed in section 45‑544.
Sec. 2. Legislative intent
It is the intent of this legislature by this act to provide interim water use for true emergencies.
Sec. 3. Retroactivity
This act is effective retroactively to from and after April 30, 2011.
