Assigned to NREW AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2060
irrigation non-expansion area; substitution; acres
Purpose
An emergency measure that allows a person who owns acres of land that may be irrigated
to permanently retire those acres from irrigation, substitute for those acres the same number of
acres in the same irrigation non-expansion area (INA) and use the associated water for any end use
if the person demonstrates to the Director of the Arizona Department of Water Resources (ADWR)
that the substitution of acres will not lead to a net increase in groundwater withdrawal in the INA.
Requires the Cochise and Graham County Recorders to include a question on the 2024 general
election ballot regarding whether to designate the Willcox Groundwater Basin (Willcox Basin) as
an INA.
Background
An INA is a geographic area that has been designated as having insufficient groundwater
to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of
withdrawal (A.R.S. § 45-402).
In an INA, only acres of land that were legally irrigated at any time between January 1,
1975, and January 1, 1980, may be irrigated with groundwater, effluent, diffused water on the
surface or surface water, with outlined exceptions (A.R.S. § 45-437).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a person who owns acres of land that may be irrigated, if the person demonstrates to
the Director of ADWR's satisfaction that the substitution of acres will not lead to a net increase
in groundwater withdrawal in the INA, 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.
2. Requires the Cochise and Graham County Recorders to include an outlined question on the
2024 general election ballot for all eligible voters who reside and who receive drinking water
from within the Willcox Basin regarding whether to designate the Willcox Basin as an INA.
3. Requires the Director of ADWR, on signature of the Governor, to transmit, to the Cochise and
Graham County Recorders, a map of the Willcox Basin. FACT SHEET – Amended
H.B. 2060
Page 2
4. Requires the map to be on a scale adequate to show, with substantial accuracy, where the
boundaries of the Willcox Basin or Subbasin cross the boundaries of county voting precincts.
5. Requires the Director of ADWR to transmit, to the Cochise and Graham County Recorders, all
other factual data concerning the boundaries of the Willcox Basin that may aid the Cochise
and Graham County Recorders in determining which registered voters of the county are
residents of the Willcox Basin and are eligible voters, including a map of the residences that
receive drinking water from the Willcox Basin.
6. Requires that only registered voters who reside within the Willcox Basin and who receive
drinking water from the Willcox Basin be allowed to vote on the question.
7. Requires the Director of ADWR, after the general election results are certified, to make and
file an order designating the Willcox Basin as:
a) the Willcox INA, if 50 percent or more of voters voted in the affirmative, and file a true
copy of the map of the Willcox INA in the offices of the Cochise and Graham County
Recorders and the central and local offices of ADWR and provide a copy of the order and
map to the Chairpersons of the Senate and House of Representatives (House) Natural
Resources, Energy and Water (NREW) Committees, or their successor committees; or
b) outside the boundaries of any INA, if fewer than 50 percent of the eligible voters voted in
the affirmative and file a true copy of the map of the Willcox Basin in the offices of the
Cochise and Graham County Recorders and the central and local offices of ADWR and
provide a copy of the order and map to the Chairpersons of the Senate and House NREW
Committees, or their successor committees.
8. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
1. Removes the prohibition on the Director of ADWR conditioning the approval of a person's
application to substitute acres on the person reducing groundwater use.
2. Requires the Cochise and Graham County Recorders to include an outlined question on the
2024 general election ballot for all eligible voters who reside and who receive drinking water
from within the Willcox Basin regarding whether to designate the Willcox Basin as an INA.
3. Requires the Director of ADWR, on signature of the Governor, to transmit, to the Cochise and
Graham County Recorders, a map of the Willcox Basin.
4. Requires the map to be on a scale adequate to show, with substantial accuracy, where the
boundaries of the Willcox Basin or Subbasin cross the boundaries of county voting precincts.
5. Requires the Director of ADWR to transmit, to the Cochise and Graham County Recorders, all
other factual data concerning the boundaries of the Willcox Basin that may aid the Cochise
and Graham County Recorders in determining which registered voters of the county are
residents of the Willcox Basin and are eligible voters, including a map of the residences that
receive drinking water from the Willcox Basin. FACT SHEET – Amended
H.B. 2060
Page 3
6. Requires that only registered voters who reside within the Willcox Basin and who receive
drinking water from the Willcox Basin be allowed to vote on the question.
7. Requires the Director of ADWR, after the general election results are certified, to make and
file an order designating the Willcox Basin as:
a) the Willcox INA, if 50 percent or more of voters voted in the affirmative, and file a true
copy of the map of the Willcox INA in the offices of the Cochise and Graham County
Recorders and the central and local offices of ADWR and provide a copy of the order and
map to the Chairpersons of the Senate and House NREW Committees, or their successor
committees; or
b) outside the boundaries of any INA, if fewer than 50 percent of the eligible voters voted in
the affirmative and file a true copy of the map of the Willcox Basin in the offices of the
Cochise and Graham County Recorders and the central and local offices of ADWR and
provide a copy of the order and map to the Chairpersons of the Senate and House NREW
Committees, or their successor committees.
8. Adds an emergency clause.
House Action Senate Action
NREW 2/6/24 DP 5-4-0-1 NREW 3/14/24 DPA 4-2-1
3
rd
Read 2/27/24 31-27-1-0-1
Prepared by Senate Research
March 18, 2024
RA/SDR/slp