The proposed bill would update current Arizona groundwater statutes by extending the timeframe for determining groundwater withdrawal rights for irrigation and non-irrigation purposes from five years to ten years prior to the designation of a subsequent active management area (AMA). Specifically, it would insert provisions allowing irrigation users to irrigate only those acres that were legally irrigated at any time during the ten years preceding the initiation of designation procedures, retroactive to August 30, 2022. Additionally, the bill modifies the calculation method for maximum groundwater use for irrigation, ensuring that the highest number of acres legally irrigated during this ten-year period is considered. It also grants rights to landowners who have retired land from irrigation, allowing them to withdraw groundwater based on the average annual amount used during the ten years before retirement.
Moreover, the bill proposes several updates to terminology and definitions within the Arizona Revised Statutes, correcting terms such as "geographical" to "geographic." It introduces new provisions regarding the irrigation rights of correctional facilities and clarifies that the right to withdraw groundwater does not require an irrigation grandfathered right and cannot be transferred to other users. The act is retroactive to August 29, 2022, ensuring that the changes apply to past actions and decisions made under the previous statutes, ultimately aiming to enhance clarity and consistency in groundwater management while addressing specific operational needs within the state.
Statutes affected: Introduced Version: 45-402, 45-416, 45-452, 45-463, 45-464, 45-476, 3-1201, 45-414, 45-415, 45-454, 45-411, 45-411.02, 45-411.03, 45-437, 45-465, 45-564, 45-568, 45-483, 45-469, 45-472, 45-494.01, 45-591.01, 45-172, 45-465.01, 45-465.02, 45-114, 45-576
House Engrossed Version: 45-402, 45-416, 45-452, 45-463, 45-464, 45-476, 3-1201, 45-414, 45-415, 45-454, 45-411, 45-411.02, 45-411.03, 45-437, 45-465, 45-564, 45-568, 45-483, 45-469, 45-472, 45-494.01, 45-591.01, 45-172, 45-465.01, 45-465.02, 45-114, 45-576
Senate Engrossed Version: 45-402, 45-416, 45-452, 45-463, 45-464, 45-465, 45-476, 3-1201, 45-414, 45-415, 45-454, 45-411, 45-411.02, 45-411.03, 45-437, 45-564, 45-568, 45-483, 45-469, 45-472, 45-494.01, 45-591.01, 45-172, 45-465.01, 45-465.02, 45-114, 45-576, 45-467, 45-566.02, 45-567.02, 45-568.02