HB 2570 — temporary non-expansion area

Senate Engrossed House BillEngrossed temporary non-expansion area State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2570 AN ACT AMENDING TITLE 45, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 3.1;

irrigationgroundwater expansionusers; moratorium;

reporting requirement;

continuation;

NO ADDITIONAL LANDS MAY BE IRRIGATED WITH GROUNDWATER FOR A PERIOD OF TEN YEARS AFTER THE DATE THAT THE TEMPORARY NON-EXPANSION AREA IS ESTABLISHEDESTABLISHED. OR CONTINUED.

LAND THAT WAS NOT IRRIGATED AT ANY TIME DURING THETHIS TEN-YEAR PERIOD BEFORE DESIGNATION IS DEEMED TO HAVE BEEN IN IRRIGATION IF THE DIRECTOR FINDS THAT SUBSTANTIAL CAPITAL INVESTMENT HAS BEEN MADE FOR THE SUBJUGATION OF THE LAND FOR AN IRRIGATION USE, INCLUDING ON-SITE IRRIGATION DISTRIBUTION FACILITIES AND A WELL OR WELLS THE DRILLING AND CONSTRUCTION OF WHICH WERE SUBSTANTIALLY COMMENCED BEFORE THE DATE OF THE NOTICE OF THE INITIATION OF DESIGNATION PROCEDURES.

THE DEPARTMENT MAY NOT ISSUE A DRILLING CARD THAT AUTHORIZES THE DRILLING OF A WELL IN THE TEMPORARY NON-EXPANSION AREA, EXCEPT THAT A PERSON MAY DEEPEN AN EXISTING WELL OR DRILL OR CAUSE TO BE DRILLED A REPLACEMENT WELL,WELL IN APPROXIMATELY THE SAME LOCATION, A NEW WELL THAT WILL BE USED AS A RECOVERY WELL PURSUANT TO SECTION 45-834.01 OR AN EXEMPT WELL IN THE TEMPORARY NON-EXPANSION AREA -IF 3A -NOTICE H.B.OF INTENTION TO DRILL IS FIRST FILED PURSUANT TO SECTION 45-596, SUBSECTION C.

2570- IF3 A- NOTICEH.B. OF INTENTION TO DRILL IS FIRST FILED PURSUANT TO SECTION 45-596, SUBSECTION C.

4.2570 B.

AON PERSONCOMPLETION THAT WITHDRAWS GROUNDWATER FROM A NON-EXEMPT WELL FOR AN IRRIGATION USE MAY NOT WITHDRAW MORE THAN FIVE ACRE-FEET OF GROUNDWATER PER ACRE OF LAND THAT THE PERSONTEN-YEAR IRRIGATESPERIOD: PER YEAR.

5.

EACH PERSON THAT WITHDRAWS GROUNDWATER FROM A NON-EXEMPT WELL FOR AN IRRIGATION USE AND EACH PERSON THAT WITHDRAWS MORE THAN TEN ACRE-FEET OF GROUNDWATER PER YEAR FROM A NON-EXEMPT WELL FOR A NON-IRRIGATION USE SHALL USE A WATER MEASURING DEVICE APPROVED BY THE DIRECTOR.

6.

EACH PERSON THAT WITHDRAWS GROUNDWATER FROM A NON-EXEMPT WELL SHALL FILE A REPORT ON A CALENDAR YEAR BASIS WITH THE DIRECTOR ON A FORM PROVIDED BY THE DIRECTOR NOT LATER THAN MARCH 31 OF THE FOLLOWING YEAR.

THE REPORT SHALL INCLUDE AN OUTLINE OF THE AREA ON WHICH THE PERSON USES GROUNDWATER.

IN FILING A REPORT, IF A PERSON WITHDRAWS TEN OR FEWER ACRE-FEET OF GROUNDWATER PER YEAR FROM A NON-EXEMPT WELL, THE PERSON MAY PROVIDE AN ESTIMATE OF THE PERSON'S WITHDRAWALS.

FOR THE PURPOSES OF THIS PARAGRAPH, THE GEOGRAPHIC AREA OF GROUNDWATER USE SHALL BE AS FOLLOWS:

(a) FOR AN INDUSTRIAL USER, THE AREA OF THE PROPERTY.

(b) FOR A MUNICIPAL PROVIDER, THE SERVICE AREA OF THE PROVIDER.

B.

NOT EARLIER THAN ONE YEAR BEFORE COMPLETION OF THE INITIAL TEN-YEAR MORATORIUM PERIOD OR ANY SUBSEQUENT MORATORIUM PERIOD, THE DIRECTOR SHALL CONDUCT A HYDROLOGICAL ANALYSIS OF THE GROUNDWATER BASIN OR SUBBASIN.

THE ANALYSIS SHALL INCLUDE AN ESTIMATE OF ANY CHANGE IN GROUNDWATER LEVELS IN THE AREA.

NOT LESS THAN NINETY DAYS BEFORE THE END OF THE TEN-YEAR MORATORIUM PERIOD, THE DIRECTOR SHALL SUBMIT A REPORT OF THE ANALYSIS FINDINGS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND SHALL PROVIDE A COPY OF THIS REPORT TO THE SECRETARY OF STATE.

C.

NOT LESS THAN SIXTY DAYS BEFORE THE COMPLETION OF THE TEN-YEAR MORATORIUM PERIOD AND AFTER COMPLETION OF THE HYDROLOGICAL ANALYSIS, THE DIRECTOR MAY CONTINUE THE TEMPORARY NON-EXPANSION AREA OR ALLOW THE TEMPORARY NON-EXPANSION AREA DESIGNATION TO LAPSE.

D.

IF THE DIRECTOR ALLOWS THE TEMPORARY NON-EXPANSION AREA DESIGNATION TO LAPSE:

THE DEPARTMENT MAY ISSUE A DRILLING CARD THAT AUTHORIZES THE DRILLING OF A WELL IN THE FORMER TEMPORARY NON-EXPANSION AREA.

-4. 4 - H.B.

2570THE Sec.DEPARTMENT SHALL REVIEW THE STATUS OF GROUNDWATER IN THE TEMPORARY NON-EXPANSION AREA, SHALL ESTIMATE THE AMOUNT OF ANY CHANGE IN GROUNDWATER LEVELS IN THE AREA, SHALL SUBMIT A REPORT ON THE DEPARTMENT'S FINDINGS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND SHALL PROVIDE A COPY OF THIS REPORT TO THE SECRETARY OF STATE.

Sec.

7.- 4 - H.B.

2570 7.

-12. 5 - H.B.

2570 12.

If the director determines that the required information has not been submitted or that the requirements of subsection C, paragraphs 11 and 12 or subsection I of this section have not been met, the director shall mail a statement of the determination- to5 the- personH.B. giving the notice to the address stated in the notice, and the person giving the notice may not proceed to drill or deepen the well.

2570 determination to the person giving the notice to the address stated in the notice, and the person giving the notice may not proceed to drill or deepen the well.

-1. 6 - H.B.

2570 1.

Before approving a well site plan submitted pursuant to subsection F of this section, the county or local health authority or the department of water resources, as applicable, pursuant to subsection F of this section, shall review the well site plan and determine whether the proposed well location complies with applicable local laws, ordinances and regulations- and6 any- lawsH.B. or rules adopted under this title and title 49 regarding the placement of wells and the proximity of wells to septic tanks or sewer systems.