Legislation Archive

Session Summaries

Bill Archive

2019 - Fifty-fourth Legislature - First Regular Session
Surface water forfeiture; repeal

HB 2476: Surface water forfeiture; repeal

In Brief: Alters Arizona water law to remove statutes governing the forfeiture of water rights that are not put to beneficial use.

Sponsor(s): Bowers

Last Action: Held in committee 2/19

Description: Under Arizona law, the owner of a water right that fails to put the water appropriated to beneficial use for five consecutive years forfeits that right. HB 2476 would remove this statutory provision, which could have a wide impact on nearly every water right in the state, and the proceedings of the General Stream Adjudication. This change conflicts with a prior Arizona Supreme Court ruling that found a previous attempt to retroactively modify the forfeiture of water rights through legislative changes to be unconstitutional. The bill also removes statutory clauses that specifically protect certain types of beneficial use for surface waters of the state, including underground storage and the exchange of effluent or Central Arizona Project water for surface water. While removal of these beneficial use protections may be congruent with removing all grounds for water right forfeiture, AMWUA staff are cautious of any legislation that would eliminate safeguards on underground storage or water exchanges as beneficial uses.

Link: https://apps.azleg.gov/BillStatus/BillOverview/71613

2019 - Fifty-fourth Legislature - First Regular Session
Adjudication statutes; unconstitutional provisions; repeal

HB 2477: Adjudication statutes; unconstitutional provisions; repeal

In Brief: Removes legislative provisions related to the General Stream Adjudication that were determined by the Arizona Supreme Court to be unconstitutional.

Sponsor(s): Bowers

Last Action: Signed by Governor 4/30/19

Description: In 1995 the Arizona State Legislature enacted multiple bills with the intent of simplifying and expediting the General Stream Adjudication. After passage, these bills were legally challenged in the Supreme Court by multiple parties. The Court ultimately found that some of the legislative provisions affecting water rights and the adjudication were unconstitutional. HB 2477 repeals the provisions of statute that were deemed unconstitutional by the Arizona Supreme Court in 1999, though have remained in State statute to the present day.

Link: https://apps.azleg.gov/BillStatus/BillOverview/71611

2019 - Fifty-fourth Legislature - First Regular Session
Irrigation grandfathered right; containerized plants

HB 2484: Irrigation grandfathered right; containerized plants

In Brief: Allows the use of irrigation grandfathered rights for use on containerized plants

Sponsor(s): Griffin

Last Action: HB 2484 was substituted for SB 1221 and signed by the Governor 2/19/19

Description: These bills state that in an initial Active Management Area, a person who holds a certificate of irrigation grandfathered right may exercise that right to withdraw groundwater to water plants in containers on or above the surface. Among other things, the bills also require the right holder to separately measure any groundwater used for watering plants in containers and groundwater for irrigation; however, the total amount of water may not exceed the amount allowed by the irrigation water duty for the farm.

Link: https://apps.azleg.gov/BillStatus/BillOverview/71623

2019 - Fifty-fourth Legislature - First Regular Session
Appropriation; invasive vegetation eradication; grants

HB 2580: Appropriation; invasive vegetation eradication; grants

In Brief: Appropriates $15 million for the removal of invasive vegetation for the purposes of fire and flood prevention and conservation of water and habitat.

Sponsor(s): Osborne and three others

Last Action: Held in Senate

Description: This bill would appropriate $15 million from the general fund for the Game and Fish Commission to provide grants to municipalities, counties, tribes and political subdivisions of the state for projects to eradicate invasive vegetation. The projects must assist in fire and flood prevention and conservation of water and wildlife habitat.

Link: https://apps.azleg.gov/BillStatus/BillOverview/72130

2019 - Fifty-fourth Legislature - First Regular Session
Groundwater replenishment; water supply; credits

HB 2586: Groundwater replenishment; water supply; credits

In Brief: Diminishes the statutory requirements for the Assured Water Supply.

Sponsor(s): Cook

Last Action: Retained on House COW Calendar 3/4/19

Description: As amended, this bill contains numerous alterations to the Groundwater Code that would significantly undermine Arizona’s assured water supply requirements and establish worrisome precedent for all AMAs. Specifically, HB 2586 includes the following substantial amendments: (1) It would require ADWR to extend an analysis of assured water supply in Pinal County an indefinite number of times even though the Department has determined there is not enough groundwater in the Pinal AMA to meet the water demands of all analyses that have been already issued. (2) Changes the statutory definition of assured water supply, removing the Department’s ability to consider existing rates of groundwater decline. (3) Adds perplexing criteria for the consideration of future groundwater replenishment from the Central Arizona Groundwater Replenishment District which would impact the Designations of Assured Water Supply held by municipal water providers

Link: https://apps.azleg.gov/BillStatus/BillOverview/72220

2019 - Fifty-fourth Legislature - First Regular Session
Water infrastructure finance authority; appropriation

SB 1198: Water infrastructure finance authority; appropriation

In Brief: Appropriates $30 million from the general fund to the Water Infrastructure Finance Authority (WIFA).

Sponsor(s): Mendez and six others

Last Action: Held in Senate

Description: This bill appropriates $30 million from the state general fund to the Water Infrastructure Finance Authority (WIFA). WIFA is a state agency that provides low-interest loans to water providers. It is assumed that the intent is to provide funds for the Water Supply Development Revolving Fund.

Link: https://apps.azleg.gov/BillStatus/BillOverview/71770

2019 - Fifty-fourth Legislature - First Regular Session
Irrigation grandfathered right; containerized plants

SB 1221: Irrigation grandfathered right; containerized plants

In Brief: Allows the use of irrigation grandfathered rights for use on containerized plants

Sponsor(s): Kerr

Last Action: HB 2484 was substituted for SB 1221 and signed by the Governor 2/19/19

Description: These bills state that in an initial Active Management Area, a person who holds a certificate of irrigation grandfathered right may exercise that right to withdraw groundwater to water plants in containers on or above the surface. Among other things, the bills also require the right holder to separately measure any groundwater used for watering plants in containers and groundwater for irrigation; however, the total amount of water may not exceed the amount allowed by the irrigation water duty for the farm.

Link: https://apps.azleg.gov/BillStatus/BillOverview/71800

2019 - Fifty-fourth Legislature - First Regular Session
Appropriation; WQARF

SB 1265: Appropriation; WQARF

In Brief: Appropriates $15 million from the general fund to the Water Quality Assurance Revolving Fund (WQARF).

Sponsor(s): Peshlakai and 13 others

Last Action: Held in Senate

Description: This bill appropriates $15 million from the general fund to the Water Quality Assurance Revolving Fund (WQARF) in fiscal year 2019-20. WQARF is a state-sponsored program established by the Legislature and administered by the Department of Environmental Quality to clean up hazardous soil and groundwater contamination.

Link: https://apps.azleg.gov/BillStatus/BillOverview/71876

2019 - Fifty-fourth Legislature - First Regular Session
Water; well metering; nonexempt wells

SB 1368: Water; well metering; nonexempt wells

In Brief: Mandates water use metering and reporting for nonexempt groundwater wells

Sponsor(s): Mendez and five others

Last Action: Held in Senate

Description: This bill mandates measuring and annual reporting for nonexempt groundwater wells throughout the state. Nonexempt wells include those with a pumping capacity greater than 35 gallons per minute (gpm). Current law contains no measuring requirements for wells outside of the Active Management Areas (AMAs) or Irrigation Non-Expansion Areas (INAs) except for a person who withdraws groundwater for transportation to an initial AMA.

Link: https://apps.azleg.gov/BillStatus/BillOverview/72005

2019 - Fifty-fourth Legislature - First Regular Session
Water adequacy requirements; statewide applicability

SB 1369: Water adequacy requirements; statewide applicability

In Brief: Establishes requirement for counties to establish mandatory adequacy provisions for subdivision development approval.

Sponsor(s): Mendez and five others

Last Action: Held in Senate

Description: This bill would mandate that counties outside of the Active Management Areas (AMA) adopt a adequate water requirement for subdivided lands within the county. Currently counties outside of an AMA have an option to adopt the mandatory adequacy provisions upon unanimous vote of the county Board of Supervisors.

Link: https://apps.azleg.gov/BillStatus/BillOverview/72006