HB 2016
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2016: grandfathered right; subsequent AMA; extension
Sponsor: Representative Griffin, LD 19
Committee on Natural Resources, Energy & Water
Overview
An emergency measure that extends the deadline for a person to claim a grandfathered right
to withdraw or receive and use groundwater in the Douglas active management area
(Douglas AMA). An application for a certificate of grandfathered right must be filed with the
Arizona Department of Water Resources (ADWR) no later than 21 months, rather than 15
months, after the designation date of the Douglas AMA.
History
The Groundwater Management Code (Code) was enacted in 1980 which established the
statutory framework to regulate and control the use of groundwater (SOS). Currently, the
Code is administered by ADWR. As part of the management framework, the Code designated
five AMAs (Phoenix, Pinal, Prescott, Tucson and Santa Cruz) and three Irrigation Non-
Expansion Areas (Douglas, Joseph City and Harquahala) (A.R.S. §§ 45-411, 45-411.03, 45-
431 and 45-554).
Under current law local landowners can petition their county board of supervisors to
designate an AMA for one or more groundwater basins. If the petitioners meet a certain
statutory threshold, an election will be called (A.R.S. § 45-415).
Based on a petition filed by the residents of Cochise County, the Cochise County Board of
Supervisors called an election to be held on November 8, 2022 on whether to designate the
Douglas Groundwater Basin as an AMA. Subsequently, the ballot measure was approved and
the Douglas AMA was established on December 1, 2022 (ADWR).
Individuals and entities seeking to use groundwater are required to apply for a certificate of
grandfathered right no later than 15 months after the date of the designation of the AMA
with ADWR. Grandfathered rights are withdrawal rights based on historic pumping (the five-
year period preceding the call for the election or the five-year period preceding the
designation of the AMA (A.R.S. § 45-476)(ADWR).
The current deadline to apply for a certificate of grandfathered right for the Douglas AMA is
March 1, 2024.
Provisions
1. Extends the deadline, from 15 months to 21 months after the date of the designation of
the Douglas AMA, for a person to file an application for a certificate of grandfathered
right with ADWR to withdraw or receive and use groundwater in the Douglas AMA. (Sec
1)
2. Repeals these requirements on January 1, 2025. (Sec. 1) HB 2016
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3. Contains an emergency clause. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal Note