Arizona 2024 2024 Regular Session

Arizona House Bill HB2060 Comm Sub / Analysis

Filed 02/27/2024

                      	HB 2060 
Initials EB/BSR 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: NREW DP 5-4-0-1 
 
HB 2060: irrigation non-expansion area; substitution; acres 
Sponsor: Representative Griffin, LD 19 
House Engrossed 
Overview 
Authorizes a person who owns land in an irrigation non-expansion area (INA) that may be 
irrigated to permanently retire or substitute those lands or use the associated water for any 
end use. 
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 areas of 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).   
When an INA is designated, only those lands that were legally irrigated at any time during 
the five years preceding its creation can be irrigated. This restriction does not apply to fields 
that are two acres or smaller or lands where substantial capital investment for irrigation was 
made during that five-year period. Each person who withdraws groundwater for irrigation or 
more than 10 acre-feet of groundwater for domestic uses from a non-exempt well (one that 
pumps over 35 gallons per minute) must meter the well. Additionally, anyone using a non-
exempt well in an INA must file an annual report with the Arizona Department of Water 
Resources (ADWR)(A.R.S. § 45-437). 
Provisions 
1. Allows a person who owns acres of land in an INA that may be irrigated to: 
a) permanently retire those acres from irrigation; 
b) substitute for those acres the same number of acres in the same INA; and  
c) use the associated water for any end use. (Sec. 2)  
2. Requires a person to demonstrate to the ADWR Director's satisfaction that the 
substitution of acres will not lead to a net increase in groundwater withdrawal in the 
INA. (Sec. 2) 
3. Prohibits the ADWR Director from conditionally approving a person's application to 
substitute acres for the person reducing the person's groundwater use. (Sec. 2) 
4. Makes technical and conforming changes. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note