Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2016
grandfathered right; subsequent AMA; extension
Purpose
An emergency measure that extends, from 15 months to 21 months after designation of the
Douglas Active Management Area (AMA), the deadline to file an application for a certificate of
grandfathered right (certificate) for a person claiming a grandfathered right to withdraw or receive
groundwater in the Douglas AMA.
Background
A person who claims the grandfathered right to withdraw or receive and use groundwater in
an AMA must file an application for a certificate with the Arizona Department of Water Resources
(ADWR) within 15 months after the date of the designation of the AMA (A.R.S. § 45-476). Within
90 days of the date of designation of an AMA, the Director of ADWR must give notice of the
requirement to apply for a certificate to the clerk of the county board of supervisors in which the
AMA is located and to the mayor of each town or city, to each private water company and to the
presiding officer of each political subdivision (A.R.S. § 45-478). A person who fails to file for the
grandfathered right to withdraw or receive groundwater before the 15-month deadline must file a
late penalty of $100 and must assume the burden of establishing evidence that the necessary
requirements for issuing the certificate have been met (A.R.S. § 45-476.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a person claiming the right to withdraw or receive and use groundwater in the
Douglas AMA pursuant to a grandfathered right to file an application for a certificate with
ADWR within 21 months, rather than 15 months, after the designation of the Douglas AMA
on a form provided by ADWR.
2. Repeals the extended application period on January 1, 2025.
3. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
NREW 1/9/24 DP 8-2-0-0
3
rd
Read 2/1/24 42-12-1-0-4
Prepared by Senate Research
February 26, 2024
RA/KP/slp