The proposed bill would amend current Arizona groundwater statutes by extending the time frame for determining irrigation rights from
five years to
ten years prior to the designation of a subsequent Active Management Area (AMA). This change would allow for the irrigation of land that was legally irrigated at any time during the
ten years preceding the notice of initiation of designation procedures or the call for the election, thereby broadening the scope of land eligible for groundwater use. Additionally, the bill modifies the calculation methods for determining the maximum amount of groundwater that can be used for irrigation, requiring the use of the highest number of acres legally irrigated during the
ten years preceding the designation instead of the previous
five years.
Moreover, the bill includes technical updates, such as correcting the term "geographical" to
"geographic" in various definitions and clarifying language regarding landowners' irrigation rights. It introduces new provisions for correctional facilities regarding irrigation for inmate consumption and specifies that the right to withdraw groundwater does not require an irrigation grandfathered right and cannot be conveyed to other users. The act is retroactive to
August 29, 2022, ensuring that the changes apply to situations occurring after that date, ultimately enhancing clarity and consistency in Arizona's groundwater management.
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