Bill Text: AZ HB2510 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Groundwater transfers; basins; well depth
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-31 - Referred to House RULES Committee [HB2510 Detail]
Download: Arizona-2015-HB2510-Introduced.html
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REFERENCE TITLE: groundwater transfers; basins; well depth |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2510 |
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Introduced by Representative Bowers
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AN ACT
amending sections 45-552, 45-553 and 45-554, Arizona Revised Statutes; relating to transportation of groundwater.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-552, Arizona Revised Statutes, is amended to read:
45-552. Transportation of groundwater withdrawn in McMullen valley basin to an active management area; definitions
A. A city that purchased land before January 1, 1988 in the McMullen valley groundwater basin or a person who purchased land before January 1, 1988 that was in that basin and that was in the same county as an adjacent initial active management area, either directly or in exchange for central Arizona project water allocated for agricultural purposes, may transport groundwater from that land to an adjacent initial active management area for use by any city, town, private water company or groundwater replenishment district. A city, town, private water company or groundwater replenishment district that purchases any land in the McMullen valley groundwater basin from that city or land that was in that basin and that was in the same county as an adjacent initial active management area from that person, either directly or in exchange for central Arizona project water allocated for agricultural purposes, may transport groundwater from that land to the adjacent initial active management area only for use by a city, town, private water company or groundwater replenishment district or the Arizona water banking authority pursuant to section 45-2491. The amount of groundwater that may be transported away from the basin shall be determined pursuant to subsection B of this section but shall not exceed:
1. In any year, two times the annual transportation allotment for the land determined pursuant to subsection B of this section.
2. For any period of ten consecutive years computed in continuing progressive series beginning in the year transportation of groundwater from the land begins, ten times the annual transportation allotment for the land determined pursuant to subsection B of this section.
3. Six million acre-feet in total.
B. The director shall determine the annual transportation allotment for land that is subject to this section as follows:
1. Determine each farm or portion of a farm on that land.
2. For each such farm or portion of a farm, determine the historically irrigated acres.
3. Multiply the sum of those historically irrigated acres for all such farms or portions of farms by three acre-feet per acre.
C. In an initial active management area, for purposes of determining whether to issue a certificate of assured water supply or to designate or redesignate a city, town or private water company as having an assured water supply, pursuant to section 45-576, based in whole or in part on groundwater transported from the groundwater basin under this section, the director shall consider only the amount of groundwater that can be withdrawn in the groundwater basin from a depth to one thousand two hundred feet at the site or sites of the proposed withdrawals at a rate that, when added to the existing rates of withdrawal in the area, is not expected to cause the groundwater table at the site or sites to decline more than an average of ten feet per year during the one hundred year evaluation period and does not exceed forty per cent percent of the groundwater that can be withdrawn in the groundwater basin, less the sum of the following amounts of groundwater in the groundwater basin:
1. The total amount on which the director has already based certificates or designations of assured water supply in an initial active management area.
2. The total amount transported to an initial active management area for other purposes.
D. On request and based on special circumstances as determined by the director, the director may authorize the withdrawal of groundwater from a depth greater than one thousand two hundred feet for the purposes of subsection C of this section.
D. E. For the purposes of this section:
1. Land that is owned by a city, town, private water company or groundwater replenishment district includes land that is owned indirectly through a nonprofit corporation or other entity that is owned or controlled by the city, town, private water company or groundwater replenishment district.
2. "Historically irrigated acres" means land overlying an aquifer that was irrigated with groundwater from that aquifer before January 1, 1988.
3. "Person" means person as defined in section 45-402 and a person who purchased land before January 1, 1988 includes any successor in interest of that person if the successor acquires an interest in the land by means of either of the following:
(a) Inheritance, devise or intrafamily gift or conveyance directly or in trust.
(b) The reorganization of a closely held corporation, a partnership or a limited liability company that is and remains owned by or controlled by or for the benefit of individuals related to that person.
Sec. 2. Section 45-553, Arizona Revised Statutes, is amended to read:
45-553. Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area
A. Groundwater may be withdrawn from land owned by this state or by a political subdivision of this state in the Butler Valley groundwater basin for transportation to an initial active management area. On request and based on special circumstances as determined by the director, the director may authorize the withdrawal of groundwater from a depth determined by the director for purposes of this section.
B. Title to land in the Butler Valley groundwater basin that is owned by this state or a political subdivision of this state and from which groundwater is withdrawn for transportation to an initial active management area may be sold, exchanged or otherwise conveyed only to this state or to another political subdivision of this state.
Sec. 3. Section 45-554, Arizona Revised Statutes, is amended to read:
45-554. Transportation of groundwater withdrawn in Harquahala irrigation non-expansion area to an initial active management area
A. A groundwater replenishment district established under title 48, chapter 27 may lease from an irrigation district located entirely within the Harquahala irrigation non-expansion area the use of one or more of the wells in the irrigation district to withdraw the groundwater that can be withdrawn from a depth to one thousand feet, at a rate that, when added to the existing rates of withdrawal in the area, does not cause the groundwater table at the site or sites to decline more than ten feet per year, for transportation to an initial active management area. The lease payments shall be made to the members of the irrigation district on a pro rata basis, per acre of land that is eligible to be irrigated under section 45-437, subsection B, minus the irrigation district's administrative costs. Wells leased under this subsection are exempt from well spacing requirements under section 45-559.
B. This state or a political subdivision of this state that owns land eligible to be irrigated under section 45-437, subsection B in the Harquahala irrigation non-expansion area may withdraw groundwater from the land for transportation to an initial active management area for its own use or use by the Arizona water banking authority pursuant to section 45-2491 only:
1. If the groundwater is withdrawn:
(a) From a depth to one thousand feet at the site or sites of the proposed withdrawals.
(b) At a rate that, when added to the existing rate of withdrawals in the area, does not cause the groundwater table at the site or sites of the withdrawals to decline more than an average of ten feet per year during the one hundred year evaluation period.
2. In an amount either:
(a) Per acre of the eligible land, not to exceed:
(i) Six acre-feet in any year.
(ii) Thirty acre-feet for any period of ten consecutive years computed in continuing progressive series beginning in the year transportation of groundwater from the land begins.
(b) Established by the director, but only if the director determines that withdrawals in an amount greater than that permitted by subdivision (a) of this paragraph will not unreasonably increase damage to residents of surrounding land and other water users in the irrigation non-expansion area, or that one or more of the entities withdrawing the groundwater will mitigate the damage to the residents and other water users or that special circumstances exist pursuant to SUBSECTION D of this section.
C. If this state or one or more political subdivisions of this state own eighty per cent percent or more of the land that is eligible to be irrigated under section 45-437, subsection B in the irrigation non-expansion area, each of the entities may withdraw groundwater from the eligible land it owns for transportation to an initial active management area:
1. From a depth to one thousand feet at the site or sites of withdrawals.
2. From a depth between one thousand and one thousand two hundred feet at the site or sites of the withdrawals only if the director determines either that the withdrawals will not unreasonably increase damage to residents of surrounding land or that one or more of the entities withdrawing the groundwater will mitigate the damage to the residents.
D. On request and based on special circumstances as determined by the director, the director may authorize the withdrawal of groundwater pursuant to this section from a depth greater than one thousand feet.
