Arizona 2025 Regular Session

Arizona House Bill HB2548 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: subsequent AMA; designation; petition; election State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2548 Introduced by Representatives Diaz: Carter P, Marshall AN ACT amending sections 45-412, 45-413, 45-414 and 45-415, Arizona Revised Statutes; RELATING to active management areas. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: subsequent AMA; designation; petition; election
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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46	46	Representatives Diaz: Carter P, Marshall
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64	64	AN ACT
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68	68	amending sections 45-412, 45-413, 45-414 and 45-415, Arizona Revised Statutes; RELATING to active management areas.
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78	78	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; review of groundwater basins not subject to active management 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 both of the following conditions apply: 1. The director determines that any of the following exists: 1. (a) Active management practices are necessary to preserve the existing supply of groundwater for future needs. 2. (b) Land subsidence or fissuring is endangering property or potential groundwater storage capacity. 3. (c) Use of groundwater is resulting in actual or threatened water quality degradation. 2. a majority of those persons voting on the question in the RELEVANT groundwater basin AFFIRMATIVELY vote to DESIGNATE the groundwater basin as a SUBSEQUENT active MANAGEMENT area as prescribed in section 45-415. 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. NOTWITHSTANDING any other law, the director shall not DESIGNATE any groundwater basin as a subsequent active management area without the approval of a majority of votes cast at An election held consistent with THE general ELECTION laws of this state.END_STATUTE Sec. 2. Section 45-413, Arizona Revised Statutes, is amended to read: START_STATUTE45-413. Hearing and petition on 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, the director shall: 1. Hold a public hearing to consider: 1. (a) Whether to issue an order declaring the area an active management area. 2. (b) The boundaries and any sub-basins subbasins of the proposed active management area. 2. Request a PETITION from the county RECORDER of the County of the Proposed 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 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 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 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 upon hearing; order for active management area; 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 determines that any of the CONDITIONS prescribed in section 45-412, subsection a, paragraph 1 exists, the director shall make and file an order designating the active management area SUBMIT a petition and a copy of the director's written findings to each county recorder of the counties included in the proposed subsequent 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 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. END_STATUTE Sec. 4. Section 45-415, Arizona Revised Statutes, is amended to read: START_STATUTE45-415. Local initiation for active management area; procedures A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by either of the following: 1. Ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G, h and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111. 2. The director as prescribed in section 45-414. Along with any petition SUBMITTED by the DIRECTOR, the director shall include a copy of the director's written findings as prescribed by section 45-414. B. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin to the county recorder of each county in which the proposed active management area is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin. C. Any registered voter of a county whose residency in the groundwater basin is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin is not verified, the ballot shall remain unopened and shall be destroyed. D. Except as provided in subsection E of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved. E. If a groundwater basin is located in two or more counties, the following procedures apply: 1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin resides. 2. except for a petition SUBMITTED directly by the director, the number of registered voters required to sign the petition shall be ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G, h within the county in which the plurality of the registered voters in the groundwater basin resides. 3. The election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state. 4. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin. F. The ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no". G. If a majority of those persons voting on the question vote to DESIGNATE a groundwater basin as an active management AREA, the director, within thirty days after the CERTIFICATION of the ELECTION RESULTS, shall make and file an order designating the active management area and 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. The order and map identifying the lands included in the active management area are public records of the department and shall be available for examination by the public during regular business hours. END_STATUTE Sec. 5. Retroactivity This act applies retroactively to from and after December 18, 2024.
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 45-412, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE45-412. Subsequent active management areas; criteria; review of groundwater basins not subject to active management
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86	86	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 both of the following conditions apply:
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88	88	1. The director determines that any of the following exists:
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90	90	1. (a) Active management practices are necessary to preserve the existing supply of groundwater for future needs.
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92	92	2. (b) Land subsidence or fissuring is endangering property or potential groundwater storage capacity.
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94	94	3. (c) Use of groundwater is resulting in actual or threatened water quality degradation.
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96	96	2. a majority of those persons voting on the question in the RELEVANT groundwater basin AFFIRMATIVELY vote to DESIGNATE the groundwater basin as a SUBSEQUENT active MANAGEMENT area as prescribed in section 45-415.
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98	98	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.
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100	100	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.
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102	102	d. NOTWITHSTANDING any other law, the director shall not DESIGNATE any groundwater basin as a subsequent active management area without the approval of a majority of votes cast at An election held consistent with THE general ELECTION laws of this state.END_STATUTE
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104	104	Sec. 2. Section 45-413, Arizona Revised Statutes, is amended to read:
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106	106	START_STATUTE45-413. Hearing and petition on designation of subsequent active management areas and boundaries; notice; procedures
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108	108	A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A, the director shall:
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110	110	1. Hold a public hearing to consider:
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112	112	1. (a) Whether to issue an order declaring the area an active management area.
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114	114	2. (b) The boundaries and any sub-basins subbasins of the proposed active management area.
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116	116	2. Request a PETITION from the county RECORDER of the County of the Proposed SUBSEQUENT active Management area.
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118	118	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 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 and any sub-basins subbasins and any other information the director deems necessary.
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120	120	C. The hearing shall be held at a location within the proposed 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
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122	122	Sec. 3. Section 45-414, Arizona Revised Statutes, is amended to read:
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124	124	START_STATUTE45-414. Findings upon hearing; order for active management area; publication
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126	126	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 determines that any of the CONDITIONS prescribed in section 45-412, subsection a, paragraph 1 exists, the director shall make and file an order designating the active management area SUBMIT a petition and a copy of the director's written findings to each county recorder of the counties included in the proposed subsequent active management area.
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128	128	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 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.
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130	130	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. END_STATUTE
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132	132	Sec. 4. Section 45-415, Arizona Revised Statutes, is amended to read:
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134	134	START_STATUTE45-415. Local initiation for active management area; procedures
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136	136	A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by either of the following:
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138	138	1. Ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G, h and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111.
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140	140	2. The director as prescribed in section 45-414. Along with any petition SUBMITTED by the DIRECTOR, the director shall include a copy of the director's written findings as prescribed by section 45-414.
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142	142	B. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin to the county recorder of each county in which the proposed active management area is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin.
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144	144	C. Any registered voter of a county whose residency in the groundwater basin is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin is not verified, the ballot shall remain unopened and shall be destroyed.
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146	146	D. Except as provided in subsection E of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved.
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148	148	E. If a groundwater basin is located in two or more counties, the following procedures apply:
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150	150	1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin resides.
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152	152	2. except for a petition SUBMITTED directly by the director, the number of registered voters required to sign the petition shall be ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G, h within the county in which the plurality of the registered voters in the groundwater basin resides.
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154	154	3. The election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state.
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156	156	4. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin.
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158	158	F. The ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no".
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160	160	G. If a majority of those persons voting on the question vote to DESIGNATE a groundwater basin as an active management AREA, the director, within thirty days after the CERTIFICATION of the ELECTION RESULTS, shall make and file an order designating the active management area and 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. The order and map identifying the lands included in the active management area are public records of the department and shall be available for examination by the public during regular business hours. END_STATUTE
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162	162	Sec. 5. Retroactivity
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164	164	This act applies retroactively to from and after December 18, 2024.