REFERENCE TITLE: groundwater; transporting requirements; technical correction State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2541 Introduced by Representative Dunn An Act amending section 45-557, Arizona Revised Statutes; relating to groundwater. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: groundwater; transporting requirements; technical correction
State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
HB 2541
Introduced by Representative Dunn
REFERENCE TITLE: groundwater; transporting requirements; technical correction
State of Arizona
House of Representatives
Fifty-sixth Legislature
First Regular Session
2023
HB 2541
Introduced by
Representative Dunn
An Act
amending section 45-557, Arizona Revised Statutes; relating to groundwater.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 45-557, Arizona Revised Statutes, is amended to read: START_STATUTE45-557. Requirements for transporting groundwater to an initial active management area; exception A. Except as provided in subsections B and C of this section: 1. The director shall not consider groundwater that is being or will be withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active management area for purposes of determining or providing an assured water supply pursuant to section 45-576 if the groundwater is being or will be used by a city, town or private water company that was offered but did not sign a central Arizona project water delivery subcontract. 2. A city, town or private water company that has signed a central Arizona project water delivery subcontract may not use groundwater withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active management area until it has both: (a) Demonstrated that it has the physical capacity, including the water treatment plant and delivery system, to accept delivery of ninety-five per cent percent of its central Arizona project water entitlement under its central Arizona project water delivery subcontract. (b) Accepted delivery of or exchanged eighty per cent percent or more of the central Arizona project water available to it under its central Arizona project water delivery subcontract in at least one of the three years immediately preceding the year it intends to begin using groundwater transported away from a groundwater basin or sub-basin pursuant to this article or the Pinal active management area. B. Subsection A of this section does not apply to groundwater withdrawn in the Big Chino sub-basin of the Verde river groundwater basin and transported to an adjoining initial active management area pursuant to section 45-555. C. Groundwater transported to an adjoining initial active management area pursuant to section 45-555, subsections E and F shall be deemed to be legally available under the rules adopted pursuant to section 45-576. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-557, Arizona Revised Statutes, is amended to read:
START_STATUTE45-557. Requirements for transporting groundwater to an initial active management area; exception
A. Except as provided in subsections B and C of this section:
1. The director shall not consider groundwater that is being or will be withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active management area for purposes of determining or providing an assured water supply pursuant to section 45-576 if the groundwater is being or will be used by a city, town or private water company that was offered but did not sign a central Arizona project water delivery subcontract.
2. A city, town or private water company that has signed a central Arizona project water delivery subcontract may not use groundwater withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active management area until it has both:
(a) Demonstrated that it has the physical capacity, including the water treatment plant and delivery system, to accept delivery of ninety-five per cent percent of its central Arizona project water entitlement under its central Arizona project water delivery subcontract.
(b) Accepted delivery of or exchanged eighty per cent percent or more of the central Arizona project water available to it under its central Arizona project water delivery subcontract in at least one of the three years immediately preceding the year it intends to begin using groundwater transported away from a groundwater basin or sub-basin pursuant to this article or the Pinal active management area.
B. Subsection A of this section does not apply to groundwater withdrawn in the Big Chino sub-basin of the Verde river groundwater basin and transported to an adjoining initial active management area pursuant to section 45-555.
C. Groundwater transported to an adjoining initial active management area pursuant to section 45-555, subsections E and F shall be deemed to be legally available under the rules adopted pursuant to section 45-576. END_STATUTE