Bill Text: AZ SB1566 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Exempt wells; emergency use
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-19 - Senate Concurrence , voting: (0-0-0-0) [SB1566 Detail]
Download: Arizona-2011-SB1566-Engrossed.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1566 |
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AN ACT
amending section 45-454, 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 45-454, 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 gallons per minute which were drilled before April 28, 1983 or which were drilled after April 28, 1983 pursuant to a notice of intention to drill which was on file with the department on such date are exempt from this chapter, except that:
1. Wells drilled before June 12, 1980 which are not abandoned or capped or wells which 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paragraph and are used to serve the same non-irrigation use at the same location, the aggregate quantity of groundwater withdrawn from the wells shall not exceed fifty‑six acre-feet per year.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 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 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 was on file with the department on such date, are exempt from this chapter, except that:
1. Such 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 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 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. All of the following apply:
(a) The land on which the exempt well is to be located is connected to the municipal provider's operating water distribution system and is zoned for agricultural use.
(b) The landowner will operate the well only for urban livestock watering on the property on which the well is located when water service is not available from the water provider due to an emergency that results in a temporary system disruption, as determined by the municipal provider.
(c) The operator of the well will measure withdrawals from the well with a measuring device approved by the director pursuant to section 45‑604 and the well will be subject to the written inspection and record keeping requirements prescribed by the municipal provider.
(d) The municipal provider consents to the drilling and operation of the well under this paragraph and submits a letter of consent to the landowner and the department. The municipal provider may rescind its consent to the continued operation of the well under this paragraph if the municipal provider determines that the well has been used for a purpose not authorized by this paragraph, excluding routine maintenance. On the municipal provider's written notification to the department that it rescinds its consent to the continued operation of the well, the exemption for that well under this paragraph is revoked.
4. 5. 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 withdrawals.
M. In determining whether to approve or reject a permit application filed under section 45‑599 or section 45‑834.01, subsection B or D, the director shall not consider any impacts the proposed well may have on an exempt well drilled pursuant to subsection D, paragraph 4 or 5 of this section.
M. N. 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 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 terms are defined in section 3‑1201.
Sec. 2. Drought emergency groundwater transfer; delayed repeal
A. Notwithstanding section 45-544, subsection A, paragraph 2, Arizona Revised Statutes, in areas outside of active management areas, groundwater may be transported away from a groundwater basin on application to and approval by the director of the department of water resources 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 of the department of water resources shall approve a request to transport groundwater away from a groundwater basin outside of an active management area 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, Arizona Revised Statutes.
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, Arizona Revised Statutes, 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, 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, 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 of the department of water resources approves the request to transport groundwater away from a groundwater basin outside of an active management area 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, 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 of the department of water resources shall approve or deny a request to transport groundwater away from a groundwater basin outside of an active management area pursuant to subsection B of this section within thirty days of the receipt of the request. Title 41, chapter 6, article 7.1, Arizona Revised Statutes, does not apply to this act.
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. This section is repealed from and after April 30, 2012.
Sec. 3. Legislative intent
It is the intent of this legislature by section 2 of this act to provide interim water use for true emergencies.
Sec. 4. Retroactivity
Section 2 of this act is effective retroactively to from and after April 30, 2011.
