HB 2018
Initials EB/BSR Page 1 Natural Resources, Energy & Water
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2018: subsequent irrigation non-expansion area; removal
Sponsor: Representative Griffin, LD 19
Committee on Natural Resources, Energy & Water
Overview
Authorizes the Arizona Department of Water Resources (ADWR) to remove a subsequent
irrigation non-expansion areas (INA) designation based on specified criteria.
History
The Groundwater Management Code (Code) was enacted in 1980 and established the
statutory framework to regulate and control the use of groundwater. As part of the
management framework, the Code initially designated four active management areas and
two INAs in the state where groundwater overdraft was most severe. Currently, there are
three INAs: Joseph City, Harquahala, and Hualapai Valley (A.R.S. §§ 45-431, 45-554)(SOS).
The ADWR Director can designate a subsequent INA upon determination that a geographic
area that consists of one or more groundwater basins or subbasins not within an AMA meets
the criteria for INA designation. Additionally, the designation of a subsequent INA may be
initiated by a petition submitted to the ADWR Director that is either signed by at least:
1) 25 irrigation groundwater users or one-fourth of the irrigation groundwater users in
the groundwater basin or sub-basin; or
2) 10% of the registered voters residing within the boundaries of the groundwater basin
or sub-basin (A.R.S. §§ 45-432, 45-433).
Upon receipt of a petition, the ADWR Director must transmit to each county recorder: 1) the
petition in which the groundwater basin or sub-basin is located for verification of signatures;
2) a map of the groundwater basin or sub-basin; and 3) all other factual data concerning the
boundaries of the groundwater basin or sub-basin that may aid the county recorder in the
determination of which registered voters of the county are residents of the groundwater basin
or sub-basins (A.R.S. § 45-433).
Provisions
1. Requires the ADWR Director to periodically review all areas that are included within a
subsequent INA to determine whether the areas continue to meet the criteria for INA
designation. (Sec. 1)
2. Allows the ADWR Director to remove the subsequent INA designation if the ADWR
Director determines the area no longer meets specified criteria. (Sec. 1)
3. Adds that a groundwater basin or subbasin, not included within an initial INA, may be
designated as an INA upon petition of 10% of registered voters who receive their drinking
water from the groundwater basin or subbasin. (Sec. 2) HB 2018
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4. Requires the applicant for the petition to be a resident of the groundwater basin or
subbasin and receive their drinking water from the groundwater basin or subbasin. (Sec.
2)
5. Allows a subsequent INA to be removed by the ADWR Director or by a petition to the
ADWR Director that is either signed by at least:
a) 25 irrigation users of groundwater or one-fourth of the irrigation users of groundwater
in the groundwater basin or subbasin; or
b) 10% of the registered voters residing within the boundaries of the subsequent INA
basin or subbasin and a subsequent election held pursuant to the general election
laws. (Sec. 2)
6. Requires the petition to be in the same form as initiative petitions and specifies applicants
must comply with the form and procedure requirements for initiative petitions. (Sec. 2)
7. States that if a groundwater basin is located in two or more counties, the petition must
be signed by 10% of registered voters who reside within the boundaries of the
groundwater basin or subbasin and receive their drinking water from the groundwater
basin or subbasin. (Sec. 2)
8. Instructs the ADWR Director to transmit to the county recorder all materials that can
aid the country recorder in determining who are eligible voters or petitioners, including
a map of the residences that receive drinking water from the groundwater basin or sub-
basin. (Sec. 2)
9. Requires the ADWR Director hold a public hearing, if a subsequent INA no longer meets
the criteria, to consider:
a) whether to remove a subsequent INA designation; or
b) any boundary modification of a subsequent INA. (Sec. 3)
10. Instructs the ADWR Director to give reasonable notice of the hearing by publication
weekly for two weeks in a newspaper in each county which the current designated
subsequent INA is located. (Sec. 3)
11. Requires the notice to contain a map clearly identifying and describing all lands to be
removed from the currently designated subsequent INA. (Sec. 3)
12. States the hearing must be held at a location within the currently designated subsequent
INA not less than 30 days but not more than 60 days after the first publication of the
notice. (Sec. 3)
13. States that if the ADWR Director decides to remove an area from a subsequent INA then
the ADWR must make and file an order designating an area as outside of an INA. (Sec.
4)
14. States a map identifying the lands removed from the INA are public records of ADWR
and must be available to the public. (Sec. 4)
15. Makes technical and conforming changes. (Sec. 1-3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note