Assigned to NR AS VETOED
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
FACT SHEET FOR H.B. 2088
subsequent AMA; director; removal
Purpose
Requires the Director of Arizona Department of Water Resources (ADWR) to periodically
review all areas that are included within a subsequent AMA to determine whether the areas
continue to meet the statutorily outlined criteria for inclusion in an AMA. Allows the Director of
ADWR, if the Director of ADWR determines that an area no longer meets the criteria for inclusion
as a subsequent AMA, to remove the subsequent AMA designation. Outlines public hearing and
notification requirements for the removal of a subsequent AMA designation.
Background
The 1980 Groundwater Management Act designated four initial AMAs for the
management of groundwater in Arizona. The Director of ADWR can designated an area which is
not included within an initial AMA as a subsequent AMA if the Director of ADWR determines
that 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; or 3) use of groundwater is resulting in actual or threatened water quality
degradation. If the Director of ADWR proposed to designate a subsequent AMA, a public hearing
must be held to consider whether to issue an order declaring the area an AMA and the boundaries
and any subbasins of the proposed AMA (A.R.S. §§ 45-412 and 45-413).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the Director to periodically review all areas that are included within a subsequent
AMA to determine if the areas continue to meet the criteria for inclusion in an AMA.
2. Allows the Director of ADWR, if the Director of ADWR determines that the area no longer
meets the criteria for inclusion as a subsequent AMA, to remove a subsequent AMA.
3. Requires the Director of ADWR, if the Director of ADWR proposes to designate a subsequent
AMA or to remove a subsequent AMA designation, to hold a public hearing.
4. Requires a public hearing to consider whether to remove a subsequent AMA.
5. Requires the Director of ADWR to give reasonable notice of the hearing under the
circumstances by publication once each week for two consecutive weeks for which the
currently designated subsequent AMA is located. FACT SHEET – Vetoed
H.B. 2088
Page 2
6. Requires the notice to contain a map clearly identifying and describing all lands to be removed
from the currently designated subsequent AMA.
7. Requires the hearing to be held at a location within the currently designated subsequent AMA
as soon as practicable but not less than 30 days and not more than 60 days after the first
publication of the notice of the hearing.
8. Requires the Director of ADWR on the decision to remove an area from a subsequent AMA,
to make and file an order designating the area as outside of an AMA.
9. Determines that a map identifying the lands removed from the AMA is a public record of
ADWR.
10. Requires the Director of ADWR to file a true copy of the map in the office of the county
recorder of the county or counties in which the AMA is or was located.
11. Makes technical changes.
12. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2088 weakens rural groundwater
protections when rural Arizonans have been asking the Legislature for years to institute meaningful
rural groundwater management measures, and that she will not consider rural groundwater
legislation outside of the context of ongoing negotiations for an alternative framework for rural
groundwater management.
House Action Senate Action
NREW 1/28/25 DP 5-4-0-1 NR 3/25/25 DP 4-3-1
3
rd
Read 2/11/25 32-26-2 3
rd
Read 4/9/25 16-14-1
Vetoed by the Governor 4/15/25
Prepared by Senate Research
April 16, 2025
SB/SN/slp