HB 2818 — adjudication; subflow wells; claim; priority

HB2818 - 542R - H-NaturalH Resources,Ver Energy  &  Water-Proposed  House Engrossed   Fifty-fourth  Legislature                         Natural  Resources,State Energyof &Arizona WaterHouse of Representatives Fifty-fourth Legislature Second Regular Session                                                 Session H.B.      HOUSE BILL 2818       AN ACT   amending section 45-151, Arizona Revised Statutes;

 amending PROPOSEDTitle HOUSE45, OFchapter REPRESENTATIVES1, AMENDMENTSarticle TO9, H.B.Arizona Revised Statutes, by adding sections 45‑254.01 and 45-254.02;

2818relating (Reference to printedwaters. bill)   Page 1, line 27, after "priority" insert ";

fee"  Line  33,(TEXT afterOF "watershed"BILL insertBEGINS "orON hasNEXT madePAGE) a  determinationBe thatit aenacted well'sby conethe ofLegislature DEPRESSION intersects with a subflow zone" Line 34, after "existed" strike remainder of linethe LineState 35, strike "prescribed by PARAGRAPH 1 of thisArizona: subsection" Line 36, strike "its" insert "the";

afterSection 1.  Section "boundaries"45-151, insertArizona "ofRevised theStatutes, subflowis zone"amended Afterto lineread: 44, insert:

"C.  ASTART_STATUTE45-151.  Right water right claim filing pursuant to this section is COMPLETE on timely receipt by the department of aappropriation; PROPERLY EXECUTED statement of claimant and a filing fee ESTABLISHED by the director." Page 2, line 1, after the first semicolon insert "cone of depression;" Line 4, after "zone" insert "or to have a cone of depression that intersects with a subflow zone" Line 10, after "whether" strike remainder of line Amend title to conform     GAIL GRIFFIN   2818GRIFFIN.docx 02/17/2020 10:12 AM C:

MYRpermitted  uses;

water rights in stockponds and wells A.  Any person, the this state of Arizona or a political subdivision thereof of this state may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45‑833.01 or mining uses, for his personal use or for delivery to consumers.  The person, the this state of Arizona or a political subdivision thereof of this state first appropriating the water shall have the better right.

B.  To effect the beneficial use, the person, the this state of Arizona or a political subdivision thereof of this state appropriating the water may construct and maintain reservoirs, storage facilities pursuant to chapter 3.1 of this title, dams, canals, ditches, flumes and other necessary waterways.

C.  A water right in a stockpond, certified pursuant to article 10 of this chapter, shall be recognized as if such water had been appropriated pursuant to this article.

D.  A WATER RIGHT IN A WELL THAT IS WITHDRAWING APPROPRIABLE SURFACE WATER PURSUANT TO section 45-254.01 SHALL BE RECOGNIZED AS IF such WATER HAD BEEN APPROPRIATED PURSUANT TO THIS ARTICLE.

END_STATUTE Sec. 2.  Title 45, chapter 1, article 9, Arizona Revised Statutes, is amended by adding sections 45-254.01 and 45-254.02, to read:

START_STATUTE45-254.01.  Appropriable surface water from well;

adjudication;

priority;

fee A.  Subject to section 45-254.02, in a watershed that is subject to the jurisdiction of a court pursuant to this article, a person may apply for a right to withdraw appropriable surface water from a well for beneficial use pursuant to this section if all the following apply:

1.  The court has entered a final judgment delineating the boundaries of a subflow zone within the watershed or has made a determination that a well's cone of DEPRESSION intersects with a subflow zone.

2.  The well existed when the court entered the final judgment establishing the boundaries of the subflow zone.

3.  The well has historically withdrawn water for any beneficial use.

4.  A water right to withdraw and beneficially use appropriable surface water from the well does not exist under any other law, final judgment or final court decree.

B.  The priority date of a water right prescribed by this section shall be the date that water withdrawn from the well was first put to beneficial use.

C.  A water right claim filing pursuant to this section is COMPLETE on timely receipt by the department of a PROPERLY EXECUTED statement of claimant and a filing fee ESTABLISHED by the director.

END_STATUTE START_STATUTE45-254.02.  Subflow zone well;

cone of depression;

statement of claimant;

master's report A.  A person whose well has been determined to exist in a subflow zone or to have a cone of depression that intersects with a subflow zone may file a new or amended statement of claimant and a notice of filing with the court pursuant to section 45-254, citing this section as the legal basis of the claim.

B.  Within a reasonable time after the filing of a new or amended statement of claimant pursuant to this section, the Master shall do all of the following:

1.  Determine whether the well that is the subject of the statement of claimant is withdrawing appropriable surface water.

2.  Determine what proportion of the water withdrawn by the well is surface water.

3.  Recommend water rights attributes for the well.

C.  On receipt of the Master's report, the court shall enter a judgment that determines the extent of the appropriable surface water right in the well and the priority date of the water right as prescribed in section 45-254.01.END_STATUTE