House Engrossed subsequent AMA; director; removal State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2088 An Act amending sections 45-412, 45-413 and 45-414, Arizona Revised Statutes; relating to active management areas. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed subsequent AMA; director; removal
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2088
House Engrossed
subsequent AMA; director; removal
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2088
An Act
amending sections 45-412, 45-413 and 45-414, Arizona Revised Statutes; relating to active management areas.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 45-412, Arizona Revised Statutes, is amended to read: START_STATUTE45-412. Subsequent active management areas; criteria; designation; review of groundwater basins; removal A. The director may designate an area which that is not included within an initial active management area, pursuant to section 45-411, as a subsequent active management area if the director determines that any of the following exists: 1. Active management practices are necessary to preserve the existing supply of groundwater for future needs. 2. Land subsidence or fissuring is endangering property or potential groundwater storage capacity. 3. Use of groundwater is resulting in actual or threatened water quality degradation. B. An active management area designated pursuant to this section may include more than one groundwater basin but shall not be smaller than a groundwater basin or include only a portion of a groundwater basin, except for the regional aquifer systems of northern Arizona. C. The director shall periodically review all areas which that are not included within an active management area to determine whether such the areas meet any of the criteria for active management areas as prescribed in this section. D. The director shall periodically review all areas that are included within a SUBSEQUENT active management area to determine whether the areas continue to meet the criteria for inclusion in an active management area as prescribed by SUBSECTION A of this section. If the director determines that an area no longer meets the criteria for inclusion as a subsequent active management area, the director may remove the SUBSEQUENT active management area designation. END_STATUTE Sec. 2. Section 45-413, Arizona Revised Statutes, is amended to read: START_STATUTE45-413. Hearing on designation or removal of designation of subsequent active management areas and boundaries; notice; procedures A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A or to remove a subsequent active MANAGEMENT area designation pursuant to section 45-412, subsection D, the director shall hold a public hearing to consider: 1. Whether to issue an order declaring the area an active management area or to remove a subsequent active management area DESIGNATION. 2. The boundaries and any sub-basins subbasins of the proposed active management area or any boundary MODIFICATION of a subsequent active MANAGEMENT area. B. The director shall give reasonable notice of the hearing under the circumstances which shall include by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed active management area or currently designated subsequent active management area is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed active management area or to be removed from the currently designated subsequent active management area and any sub-basins subbasins and any other information the director deems necessary. C. The hearing shall be held at a location within the proposed active management area or currently designated subsequent active management area as soon as practicable but no not less than thirty days and no not more than sixty days after the first publication of the notice of hearing. At the hearing, the director shall present the factual data in his the director's possession in support of the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his the determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions. END_STATUTE Sec. 3. Section 45-414, Arizona Revised Statutes, is amended to read: START_STATUTE45-414. Findings on hearing; order for active management area; order for active management area removal; publication A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an active management area, the director shall make and file an order designating the active management area. If the director decides to remove an area from a subsequent active management area, the director shall make and file an order designating the area as outside of an active management area. B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. All factual data compiled by the director, a transcript of the hearing, a copy of the findings and a map identifying the lands included in the active management area or removed from the active management area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C. C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the active management area is located or was located. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-412, Arizona Revised Statutes, is amended to read:
START_STATUTE45-412. Subsequent active management areas; criteria; designation; review of groundwater basins; removal
A. The director may designate an area which that is not included within an initial active management area, pursuant to section 45-411, as a subsequent active management area if the director determines that any of the following exists:
1. Active management practices are necessary to preserve the existing supply of groundwater for future needs.
2. Land subsidence or fissuring is endangering property or potential groundwater storage capacity.
3. Use of groundwater is resulting in actual or threatened water quality degradation.
B. An active management area designated pursuant to this section may include more than one groundwater basin but shall not be smaller than a groundwater basin or include only a portion of a groundwater basin, except for the regional aquifer systems of northern Arizona.
C. The director shall periodically review all areas which that are not included within an active management area to determine whether such the areas meet any of the criteria for active management areas as prescribed in this section.
D. The director shall periodically review all areas that are included within a SUBSEQUENT active management area to determine whether the areas continue to meet the criteria for inclusion in an active management area as prescribed by SUBSECTION A of this section. If the director determines that an area no longer meets the criteria for inclusion as a subsequent active management area, the director may remove the SUBSEQUENT active management area designation. END_STATUTE
Sec. 2. Section 45-413, Arizona Revised Statutes, is amended to read:
START_STATUTE45-413. Hearing on designation or removal of designation of subsequent active management areas and boundaries; notice; procedures
A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A or to remove a subsequent active MANAGEMENT area designation pursuant to section 45-412, subsection D, the director shall hold a public hearing to consider:
1. Whether to issue an order declaring the area an active management area or to remove a subsequent active management area DESIGNATION.
2. The boundaries and any sub-basins subbasins of the proposed active management area or any boundary MODIFICATION of a subsequent active MANAGEMENT area.
B. The director shall give reasonable notice of the hearing under the circumstances which shall include by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed active management area or currently designated subsequent active management area is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed active management area or to be removed from the currently designated subsequent active management area and any sub-basins subbasins and any other information the director deems necessary.
C. The hearing shall be held at a location within the proposed active management area or currently designated subsequent active management area as soon as practicable but no not less than thirty days and no not more than sixty days after the first publication of the notice of hearing. At the hearing, the director shall present the factual data in his the director's possession in support of the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his the determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions. END_STATUTE
Sec. 3. Section 45-414, Arizona Revised Statutes, is amended to read:
START_STATUTE45-414. Findings on hearing; order for active management area; order for active management area removal; publication
A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an active management area, the director shall make and file an order designating the active management area. If the director decides to remove an area from a subsequent active management area, the director shall make and file an order designating the area as outside of an active management area.
B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. All factual data compiled by the director, a transcript of the hearing, a copy of the findings and a map identifying the lands included in the active management area or removed from the active management area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.
C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the active management area is located or was located. END_STATUTE