HB 2089
Initials CW Page 1 Caucus & COW
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: NREW DP 5-4-1-0
HB 2089: subsequent AMA; voters; removal
Sponsor: Representative Griffin, LD 19
Caucus & COW
Overview
Allows for a petition and a vote for the removal of a subsequent active management area
(AMA).
History
Currently, a groundwater basin that was not included within an initial AMA may be
designated an AMA on petition by 10 percent of the registered voters who reside in the
boundaries of the proposed AMA. The Director of Arizona Water Resources (Director) along
with the clerk of the board of supervisors or county election officer will transmit a map of the
groundwater basin to the county recorder of each county in the proposed AMA is located. This
map will be scaled to show where the boundaries of the groundwater basin crosses the
boundaries of county voting precincts, the Director will also transmit all other factual data
concerning the boundaries that may determine registered voters for the county. Any
registered voter in the county whose residency lies within the proposed AMA will be allowed
to vote (A.R.S. §45-415).
The ballot will be worded "should the (insert name of basin) groundwater basin be designated
an active management area?" Followed by "yes" or "no". All election related expenses are
responsibilities of the counties involved on a proportional basis considering the number of
registered voters of the county that are residents of the groundwater basin (A.R.S. § 45-415).
Provisions
1. Permits 10 percent of the registered voters within the boundaries of a subsequent AMA
to file a petition to remove the subsequent AMA designation. (Sec 1)
2. Allows registered voters an opportunity to remove the subsequent AMA designation after
10 years of designation as a subsequent AMA. (Sec 1)
3. Requires the petition be filed within 180 days before the next general election. (Sec 1)
4. Mandates that within 60 days of receipt of a notice of petition to remove a subsequent
AMA, the Director will examine the groundwater condition in the basin and do one of the
following:
a) maintains that the need for a groundwater basin as a subsequent AMA still exists.
The Director will file an order in the county records office and the Board of supervisors
will cancel the election on whether to remove the subsequent AMA.
b) allows the director to determine if the AMA designation is no longer necessary and
may file an order in the county recorder's office. If the director files this order, or does
Page 2
not file this order, the county board of supervisors will hold the election on whether to
remove the subsequent AMA.
5. Requires that whatever party prevails on the appeal, the Director shall file in the office
of the county recorder where subsequent AMA is located a new order that is consistent
with the position of the prevailing party. (Sec 1)
6. Designates any order that is sent to a county board of supervisors with jurisdiction in a
subsequent AMA must be sent to all county board of supervisors in the jurisdiction of the
subsequent AMA. (Sec 1)
7. Establishes that on election ballots a removal of a subsequent AMA will be worded
"Should the subsequent active management area designation be removed from the (name
of basin)?" (Sec 1)
8. Makes technical and conforming changes. (Sec 1)