House of Representatives

HB 2064

ownership of seized livestock; hearing

NOW: groundwater replacement; use permit extensions

Sponsor: Representative Gleason

dpa S/E	Committee on Natural Resources and Agriculture
DPA	Caucus and COW
DPA	Third Read
DPA	As Passed the House
X	As Transmitted to the Governor

HB 2064 outlines specific conditions for a general industrial use (GIU) permit to withdraw groundwater, issued in the Phoenix AMA, to be extended for up to seven years after the date the permit would otherwise expire. In order for the GIU permit to be extended for the maximum seven years, a contract to use Central Arizona Project (CAP) water instead of the groundwater must have been entered into before January 1, 2002, and construction on a pipeline to deliver the CAP water must be substantially commenced by 2007.

History

The Arizona Groundwater Management Code (Code) was passed in 1980. The Code requires that within an AMA, a person must have a groundwater right or permit in order to pump groundwater legally, unless the person is withdrawing groundwater from an exempt well.

A withdrawal permit may be applied for from the Department of Water Resources (DWR) to allow new withdrawals of groundwater for non-irrigation uses within AMA’s. There are seven types of withdrawal permits including GIU permits, covering various groundwater uses that are subject to different requirements. (ARS 45-512) GIU permits may be issued and renewed only for groundwater withdrawals and uses located outside the exterior boundaries of a city, town or private water company. This permit may be issued for a period of up to fifty years and may be renewed based on the same criteria used to grant the original permit. (ARS 45-515)

Provisions

· Allows a GIU permit, issued in the Phoenix AMA, to be extended for up to seven years beyond the original termination date if:

1. The GIU permit would otherwise expire before December 31, 2005 and cannot be renewed because the site of the general industrial use is now within the exterior boundaries of a private water company.

2. The GIU permit is the subject of a water exchange contract for Central Arizona Project water, the CAP water will be used directly on a golf course, and the combination of GIU permits totals less than 1400 acre feet.

3. The contract was entered into prior to January 1, 2002.

· Provides that the extension of up to seven years past the GIU permit expiration date shall be terminated earlier if progress toward completion of a pipeline to transport the CAP water to the golf courses has not occurred. Specifically, the pipeline contract must be executed within two and one-half years after a decision by the ACC on pipeline approval or after a DWR decision to approve the water exchange, whichever is later, and pipeline construction must be substantially commenced within two years after the permit would have expired.

· Includes a purpose clause, which states this legislation would allow GIU permits to be renewed in order to facilitate the use of CAP water, rather than groundwater, on golf courses.

· Provides a repeal date of August 1, 2012.

---------- DOCUMENT FOOTER ---------

45th Legislature

Second Regular Session 2 May 8, 2002

---------- DOCUMENT FOOTER ---------