HB 2063
Initials EB/BSR Page 1 Vetoed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: NREW DP 6-4-0-0 | 3
rd
Read 31-28-0-0-1
Senate: NREW DPA 3-2-2-0 |3
rd
Read 16-11-3-0
Final Pass: 31-29-0-0-0
HB 2063: exempt wells; certificate; groundwater use
Sponsor: Representative Griffin, LD 19
Vetoed
Overview
Requires the Arizona Department of Water Resources (ADWR) Director to issue each
groundwater user that registers their exempt well a certificate of water rights (Certificate).
History
The Groundwater Management Code (Code) was enacted in 1980 and established the
statutory framework to regulate and control the use of groundwater. Accordingly, ADWR
regulates all groundwater wells in Arizona. The ADWR Director must adopt construction
standards for new, replacement, deepening, abandonment or capping existing wells. Prior to
drilling a new well, deepening or modifying an existing well, a person must choose a well
driller and file a Notice of Intent (NOI) to drill a well with ADWR.
If the ADWR Director determines that the NOI meets all requirements, the ADWR Director
must record the notice, mail a drilling card that allows the drilling of the well to the well
driller and a written notice of the issuance of the drilling card to the person that filed the
NOI. On receipt of the drilling card, the well driller has one year to drill or deepen the well
at the address stated in the NOI (A.R.S. §§ 45-594, 45-596).
There are two types of production wells:
1) an exempt well is used for non-irrigation uses, noncommercial irrigation of less than
two acres of land and watering stock and has a maximum pump capacity of not more
than 35 gallons per minute. In active management areas, new exempt wells can
withdraw a maximum of 10-acre-feet per year; and
2) a non-exempt well is used for irrigation or industry uses with a maximum pump
capacity exceeding 35 gallons per minute (A.R.S. § 45-454).
Provisions
1. States an exempt well that is registered with ADWR may withdraw up to 35 gallons per
minute. (Sec. 1)
2. Requires the ADWR Director to issue a Certificate to each groundwater user that
registers the groundwater user's exempt well with ADWR. (Sec. 1)
3. States the Certificate allows the groundwater user to pump not more than 35 gallons per
minute. (Sec. 1)
4. Prohibits a groundwater user to appropriate surface water or subflow out of priority. (Sec.
1)
5. States the withdrawn water is not exempt from a general stream adjudication. (Sec. 1) HB 2063
Initials EB/BSR Page 2 Vetoed
6. States that exempt wells do not preempt or affect:
a) decreed or appropriative rights;
b) surface water;
c) water subject to appropriation; or
d) a general adjudication of water rights. (Sec. 1)
7. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note