Assigned to NR FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2089
subsequent AMA; voters: removal
Purpose
Allows, beginning 10 years after the designation of a subsequent active management area
(AMA), 10 percent of the registered voters who reside within the boundaries of the subsequent
AMA to file an outlined petition to remove the subsequent AMA designation. Outlines
requirements for the Director of the Arizona Department of Water Resources (ADWR) to examine
the groundwater condition in the basin and file an order in the county recorder's office declaring
whether or not the AMA is necessary.
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. ยงยง 45-412 and 45-413).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows, beginning 10 years after a groundwater basin is designated as a subsequent AMA, 10
percent of the registered voters who reside within the boundaries of a subsequent AMA, as of
the most recent report compiled by the county recorder, to file a petition in each office of the
county recorder in which the subsequent AMA is located to remove the subsequent AMA
designation.
2. Requires the petition to be filed within 180 days before the next general election.
3. Requires the form of the petition to be the same as statutorily outlined initiative petitions.
4. Requires an applicant for the petition to comply with regulations relating to the filing of a
petition and be a resident of the subsequent AMA.
5. Requires the Director of ADWR, on application for a petition number with the clerk of the
board of supervisors or county election officer to transmit a map of the subsequent AMA as
applicable to the county recorder of each county in which the designated subsequent AMA is
located. FACT SHEET
H.B. 2089
Page 2
6. Requires the map of the groundwater basin or subsequent AMA to be on a scale adequate to
show with substantial accuracy where the boundaries of the subsequent AMA cross the
boundaries of county voting precincts.
7. Requires the Director of ADWR to transmit to the county recorder all other factual data
concerning the boundaries of the subsequent AMA that may aid the county recorder in
determining which registered voters of the county are residents of the subsequent AMA and
are eligible voters or petitioners.
8. Requires the clerk of the county, upon receiving a valid petition to remove a subsequent AMA
designation, to forward a copy and notice of the petition to the Director of ADWR.
9. Requires the Director of ADWR, within 60 days after receiving the outlined petition, to
examine the groundwater condition in the basin and:
a) if the Director of ADWR determines that the conditions for designating a groundwater
basin as a subsequent AMA still exist, file an order in the county recorder's office declaring
that the AMA designation is necessary, and the county board of supervisors (county BOS)
must cancel the election on whether to remove the subsequent AMA designation; or
b) if the Director of ADWR determines that the AMA designation is no longer necessary, the
Director of ADWR may file an order in the county recorder's office declaring that the AMA
is not necessary, and the county BOS must hold the election on whether to remove the
subsequent AMA designation.
10. Allows an order that is issued by the Director of ADWR on whether the subsequent AMA
designation is still necessary to be appealed.
11. Requires the Director of ADWR, if a party prevails on appeal of the Director of ADWR's order,
to file a new order consistent with the position of the prevailing party in the office of the county
recorder in which the subsequent AMA is located and the county BOS must hold or cancel the
election.
12. Allows any registered voter of a county whose residency in the subsequent AMA is in question
to be allowed to vote.
13. Requires, if residency in the subsequent AMA is not verified, the ballot for the vote in the
election to remain unopened and be destroyed.
14. Requires, if a subsequent AMA is located in two or more counties:
a) the petition to be filed with the clerk of the county or county election officer of the county
in which the plurality of the registered voters in the subsequent AMA reside;
b) the number of registered voters who are required to sign the petition to be 10 percent of the
registered voters who reside within the boundaries of the subsequent AMA as of the most
recent report compiled by the county recorder, within the county in which the plurality of
the registered voters in the subsequent AMA reside;
c) for the purposes of an election to designate a groundwater basin as an AMA, the election
to be called by the county BOS of the county in which the petition is filed, and the county
BOS to immediately notify the county BOS of any other county included in the
groundwater basin of the date of the election; FACT SHEET
H.B. 2089
Page 3
d) for the purposes of an election to remove a subsequent AMA designation:
i. any order sent to a county BOS in a subsequent AMA to be sent to all county BOS with
jurisdiction in the subsequent AMA that is subject to the petition; and
ii. the election time frame to conform with outlined requirements; and
e) all election expenses incurred to be the responsibilities of the counties involved on a
proportional basis considering the number of registered voters of each county that are
residents of the subsequent AMA.
15. Prescribes the ballot questions.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
House Action
NREW 1/28/25 DP 5-4-0-1
3
rd
Read 2/12/25 32-27-1
Prepared by Senate Research
March 21, 2025
SB/SN/slp