HB 2442
Initials PAB Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: NREW DP 6-4-0-0 | 3
rd
Read 31-29-0-0
Senate: NREW DP 4-3-0-0 | 3
rd
Read 16-14-0-0
HB 2442: temporary non-expansion area
Sponsor: Representative Griffin, LD 19
Transmitted to the Governor
Overview
Establishes a process for designating a temporary non-expansion area in places outside of an
active management area (AMA) or irrigation non-expansion area (INA) and outlines a process
and timeline for designating such an area.
History
There are two ways communities can actively regulate and manage groundwater usage:
1) Local landowners can petition the Arizona Department of Water Resources (ADWR)
Director to designate an irrigation non-expansion area (INA) for one or more groundwater
basins or sub-basins. The ADWR Director will do so upon determining that there is
insufficient groundwater to provide a reasonably safe supply for irrigating cultivated lands
at current withdrawal rates and establishing an active management area (AMA) is
unnecessary (A.R.S.§ 45-432). Once designated, those lands that were irrigated at any
time during the five years preceding its creation can be irrigated. Non-exempt wells must
be metered and well owners must submit annual reports to ADWR (A.R.S. § 45-437); and
2) Local landowners can petition their county board of supervisors to designate an AMA for
one or more groundwater basins or sub-basins. If the petitioners meet a certain statutory
threshold, an election will be called (A.R.S. § 45-415). If the voters approve designating
an AMA, the ADWR Director must establish a management goal and a timeline for
achieving that goal and promulgate an initial management plan for that area. The
management goal and any management plans can only be adopted after public hearings
(A.R.S. § 45-569). Additionally, once this AMA is designated, a groundwater users
advisory council (GUAC) will be formed to advise the AMA's area director and make
recommendations on programs and policies (A.R.S. § 45-421). Each GUAC consists of
five members who are appointed by the Governor and serve six-year terms (A.R.S. § 45-
420).
Provisions
Designation Process
1. Allows the designation of a temporary non-expansion area in locations outside of an INA or
AMA to be initiated by a petition to the ADWR Director signed by both of the following:
a) at least half of the irrigation users of groundwater within the boundaries of the groundwater
basin or subbasin specified in the petition; and
b) at least 10 percent of the registered voters residing within the boundaries of the
groundwater basin or subbasin specified in the petition. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2442
Initials PAB Page 2 Transmitted
2. Requires the form of the petition to be substantially similar to an initiative petition except that
the county recorder will perform the duties required of the Secretary of State. (Sec. 1)
3. Prohibits the petition from being accepted more than 180 days after the application for the
petition is submitted. (Sec. 1)
4. Instructs the ADWR Director, after receiving a petition signed by registered voters, to transmit
the petition to the county recorder of each county in which the groundwater basin or sub-basin
is located for verification. (Sec. 1)
5. Directs the ADWR Director, upon verification that a sufficient number of persons have signed
the petition, to hold a public meeting to describe the boundaries of the proposed TNA, data
on groundwater levels within the proposed area and the effect of establishing this area. (Sec.
1)
6. Requires the ADWR Director to provide reasonable notice of the time and location of the
meeting, legal description and map of all lands in the proposed TNA and other information
deemed necessary. (Sec. 1)
7. Requires the meeting be held at a location in the county in which the major portion of the
proposed TNA is located within 60 days of when the notice is first published. (Sec. 1)
8. Directs ADWR to notify the appropriate county recorders when the public meeting is complete
and requires the county boards of supervisors to call for an election on the question of
designating a TNA. (Sec. 1)
9. Mandates that this election be conducted similar to a mail ballot election for a special district
except that the only eligible voters are registered voters who reside inside the proposed TNA.
(Sec. 1)
10. Clarifies that when the proposed TNA is in more than one county, the respective counties will
cooperate in administering the election. (Sec. 1)
11. Stipulates that the TNA will be established if the majority of persons voting on the question
approve its formation and instructs the ADWR Director to file a map of the TNA with the
appropriate county recorder(s). (Sec. 1)
12. Specifies that a TNA may include more than one groundwater subbasin but may not be
smaller than a groundwater subbasin or include only a portion of that subbasin. (Sec. 1)
Prohibitions on Irrigation and Limitations on Drilling Wells
13. Limits, once designation procedures begin, an irrigation user to irrigating acres that were
irrigated any time in the five years preceding the start of designation procedures and declares
that this limitation remains effective until an election is held on declaring a proposed TNA.
(Sec. 1)
14. Establishes the following limitations once a TNA is established:
a) Limits irrigating lands with groundwater to those lands that were irrigated at any time
during the five years preceding the start of designating procedures;
b) Clarifies that lands not irrigated during this five-period are considered under irrigation if
the ADWR Director determines that substantial capital investment has been made to
prepare the lands for irrigation;
c) Prohibits additional lands from being irrigated with groundwater for five years after the
TNA's establishment; and
d) Forbids ADWR from issuing a drilling card authorizing the drilling of a well in a TNA except
under the following circumstances provided that a notice of intent to drill is first filed with
ADWR: HB 2442
Initials PAB Page 3 Transmitted
i. Deepening an existing well;
ii. Drilling or causing to be drilled a replacement well;
iii. A new well that will be used as a recovery well; or
iv. An exempt well. (Sec. 1)
15. Declares that upon the completion of the five-year period, the prohibitions on irrigating with
groundwater and limitations on well drilling no longer apply. (Sec. 1)
Review of Groundwater
16. Instructs ADWR, at the end of the five-year period, to review the status of groundwater and
estimate the amount of any change in groundwater levels in the TNA and submit a report of
its findings to the Governor, Senate President and Speaker of the House and provide a copy
to the Secretary of State. (Sec. 1)
Miscellaneous
17. Defines irrigation user of groundwater. (Sec. 1)
18. Makes technical and conforming changes. (Sec. 2)