HB 2573
Initials CW Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: NREW DPA/SE 5-3-1-1
HB 2573: technical correction; plants; containers; non-irrigation
NOW: groundwater; plants; wine grapes; non-irrigation
Sponsor: Representative Griffin, LD 19
Caucus & COW
Summary of the Strike-Everything Amendment to HB 2753
Overview
Reclassifies the use of groundwater used to grow wine grapes and plants grown
hydroponically as a non-irrigation use of groundwater in an active management area (AMA).
History
The right to withdraw or receive and use groundwater in an AMA is known as a
grandfathered right. There are three categories of grandfathered rights:
a) non-irrigation grandfathered rights associated with retired irrigated lands;
b) non-irrigation grandfathered rights that may be sold separately from retired irrigated
lands; and
c) irrigation grandfathered rights (A.R.S. § 45-462).
The rights associated with withdrawing and using groundwater for non-irrigation purposes
also are called Type 1 and Type 2 non-irrigation grandfathered rights (A.R.S. §§ 45-463, 45-
464).
Type 1 Non-Irrigation Grandfathered Rights
Type 1 non-irrigation grandfathered rights are typically associated with land permanently
retired from farming and that converted to a non-irrigation use such as residential
development or industrial use. This right similar to an Irrigation grandfathered right can
only be conveyed with the land. The Type 1 non-irrigation grandfathered right has a
maximum amount of groundwater to be pumped of three acre-feet per acre.
Type 2 Non-Irrigation Grandfathered Rights
Type 2 non-irrigation grandfathered rights can only be used to withdraw groundwater for a
non-irrigation use, but unlike other grandfathered rights, a Type 2 right can be sold
separately from the land or well and if approved by ADWR may also be used to withdraw
groundwater from a new location in the same AMA. The amount of groundwater that may be
withdrawn is based on the maximum amount pumped in any one of five years preceding the
AMA designation.
Provisions
1. Classifies the use of groundwater for wine grapes and plants grown using hydroponics as
a non-irrigation use of groundwater in an AMA. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
HB 2573
Initials CW Page 2 Caucus & COW
2. Permits the watering of wine grapes or plants grown hydroponically with groundwater
withdrawn pursuant to an irrigation grandfathered right in an initial AMA. (Sec. 1)
3. Makes technical and conforming changes. (Sec. 1)