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HB2097 - 572R - H Ver
House Engrossed
irrigation
non-expansion areas; withdrawal; maximum
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2097
AN
ACT
amending section 45-437, Arizona
Revised Statutes; amending title 45, chapter 2, article 3, Arizona Revised
Statutes, by adding section 45-437.04; RELATING to irrigation non-expansion
areas.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-437, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-437.
Irrigated acreage; limit on groundwater withdrawal; water
measuring device; annual report of groundwater pumping; penalty;
transportation; exemption
A. In an initial irrigation non-expansion area
established pursuant to section 45-431, except as provided in subsection
E
f
of this section
and section 45-437.04
, only acres of land
which
That
were legally irrigated at any time between January 1,
1975 and January 1, 1980 may be irrigated with groundwater, effluent, diffused
water on the surface or surface water, except as provided in sections 45-172,
45-437.01, 45-437.02 and 45-437.03, and except that this does
not prohibit irrigation with surface water used pursuant to decreed or
appropriative rights established before June 12, 1980.
� for
acres of land that are legally irrigated with groundwater from a non-exempt
well, a person may not withdraw more than six acre-feet of groundwater
per acre of legally irrigated land in any one calendar year. The director may
assess and collect a penalty of $150 from Any person that WITHDRAWS more than
six acre-feet of groundwater per acre of legally irrigated land from a
non-exempt well in any calendar year.
Land
which
That
was not irrigated at any time
from January 1, 1975 through January 1, 1980 is deemed to have been in
irrigation if the director finds that substantial capital investment has been
made in the twelve months before June 12, 1980 for the improvement of the land
and on-site irrigation distribution facilities, including the drilling of
wells, for an irrigation use. This subsection does not allow
irrigation of land
which
That
could
not have been legally irrigated under prior statutory law.
B. In a subsequent irrigation non-expansion area
established pursuant to section 45-432
, except as provided
in subsection
E
f
of this
section, only acres of land
which
That
were irrigated
with groundwater
at any time during the
five years preceding the date of the notice of the initiation of designation
procedures may be irrigated with groundwater
, effluent,
diffused water on the surface or surface water, except as provided in sections
45-172, 45-437.01, 45-437.02 and 45-437.03, and except
that this does not prohibit irrigation with surface water used pursuant to
decreed or appropriative rights established before the date of the notice
.
�for acres of land that are legally irrigated with groundwater
from a non-exempt well, a person may not withdraw more than six acre-feet
of groundwater per acre of legally irrigated land in any one calendar
year. The director may assess and collect a penalty of $150 from Any
person that WITHDRAWS more than six acre-feet of groundwater per acre of
legally irrigated land from a non-exempt well in any calendar year.
Land
which
that
was not irrigated at any
time during this
five year
five-year
period is deemed to have been in irrigation if the director finds that
substantial capital investment has been made for the subjugation of such land
for an irrigation use including on-site irrigation distribution facilities and
a well or wells the drilling and construction of
which
that
were substantially commenced before the date of the
notice of the initiation of designation procedures.
C. Except as provided in subsection
F
g
of this section, in an
initial
irrigation non-expansion area:
1. Each person withdrawing groundwater from a
non-exempt well for an irrigation use and each person withdrawing more than ten
acre-feet of groundwater per year from a non-exempt well for a non-irrigation
use shall use a water measuring device approved by the
director. Each person withdrawing groundwater from a non-exempt well
shall file a report on a calendar year basis with the director on a form
provided by the director
no
not
later
than March 31 of the following year. In filing a report, each person
withdrawing ten or fewer acre-feet of groundwater per year from a non-exempt
well for a non-irrigation use shall estimate the quantity of groundwater
withdrawn.
2. Transportations of groundwater are subject to the
provisions of articles 8 and 8.1 of this chapter.
D. except as provided in subsection h
of this section, in a subsequent irrigation non-expansion area, Each person
withdrawing groundwater from a non-exempt well for an irrigation use and each
person withdrawing more than ten acre-feet of groundwater per year from a non-exempt
well for a non-irrigation use shall use a water measuring device approved by
the director. Each person withdrawing groundwater from a non-exempt
well shall file a report on a calendar year basis with the director on a form
provided by the director not later than March 31 of the following
year. In filing a report, if a person withdraws ten or fewer
acre-feet of groundwater per year from a non-exempt well, the person may
provide an estimate of the person's withdrawals.
D.
e.
If
a person, who is required under subsection C, paragraph 1
or
subsection d
of this section to file an annual report for calendar year
1986 or any subsequent calendar year, fails to file a report for the calendar
year in question on or before March 31 of the following year, the director may
assess and collect a penalty of
twenty-five dollars
$25
for each month or portion of a month that the annual report
is delinquent. The total penalty assessed under this subsection
shall not exceed
one hundred fifty dollars
$125
.� The director shall deposit, pursuant to sections 35-146 and
35-147, all penalties collected under this subsection in the state
general fund.
E.
f.
In
an irrigation non-expansion area, a correctional facility under the
jurisdiction of the state department of corrections may irrigate with
groundwater, effluent, diffused water on the surface or surface water up to a
total of ten acres of land that otherwise may not be irrigated pursuant to
subsection A or B of this section if the irrigation is for the purpose of
producing plants or parts of plants for consumption by inmates at the
correctional facility as part of a prisoner work program and if the
correctional facility notifies the director of water resources in writing of
the location of the acres of land to be irrigated
prior to
before
their irrigation. The actual number of acres
of land that a correctional facility may irrigate pursuant to this subsection
shall be calculated by subtracting the number of acres of land the correctional
facility may already irrigate under subsection A or B of this section from ten.
a correctional facility that irrigates acres of land with
groundwater PURSUANT to this subsection is exempt from the six acre-feet
of groundwater per acre of legally irrigated land LIMIT as prescribed in
subsections A and B of this section.
F.
g. in
an initial irrigATION non-expansion area,
a person
who
withdraws
withdrawing
groundwater from a
non-exempt well for an irrigation use is exempt from subsection C, paragraph 1
of this section for those withdrawals if both of the following apply:
1. Groundwater withdrawn from the well for an
irrigation use is used only on land that is owned by a person who has the right
under subsection A or B of this section to irrigate ten or fewer contiguous
acres of land at the place of the use.
2. Groundwater withdrawn from the well is not used
on land that is part of an integrated farming operation.
H. In a subsequent irrigation
non-expansion area, a person withdrawing groundwater from a non-exempt well for
an irrigation use is exempt from the measuring and reporting requirements
prescribed in subsection D of this section for those withdrawals if all of the
following apply:
1. groundwater withdrawn from the
well for an irrigation use is used only on land that is owned by a person that
has the right under subsection a or b of this section to irrigate ten or fewer
contiguous acres of land at the place of the use.
2. groundwater withdrawn from the
well is not used on land that is part of an integrated farming operation.
3. the person withdraws two and one-half
or fewer acre-feet of groundwater per acre of land that the person irrigates in
the calendar year.
4. not later than March 31, the
person provides an estimate of the quantity of groundwater withdrawn in the
previous calendar year and files a report on a form provided by the director.
END_STATUTE
Sec. 2. Title
45, chapter 2, article 3, Arizona Revised Statutes, is amended by adding
section 45-437.04, to read:
START_STATUTE
45-437.04.
Substitution of acres; new wells and replacement wells in new
locations; net increase in withdrawals disallowed
A. in
a subsequent irrigation non-expansion area, a person that owns acres of land
that may be legally irrigated pursuant to section 45-437 may:
1. permanently retire those acres
from irrigation and substitute for those acres the same number of acres in the
same irrigation non-expansion area if the person demonstrates to the
director's satisfaction that the substitution of acres will not lead to a net
increase in groundwater withdrawals in the irrigation non-expansion area.
2. construct a new non-exempt well
for an irrigation use or a replacement non-exempt well in a new location for an
irrigation use in the same irrigation non-expansion area if both of the
following apply:
(
a
) the
location of the new non-exempt well or the replacement non-exempt well
complies with the rules adopted by the director pursuant to section 45-598.
(
b
) the
construction of the new non-exempt well or replacement non-exempt well in
a new location will not lead to a net increase in groundwater withdrawals in
the irrigation non-expansion area.
b. to prevent unreasonably increasing
damage to surrounding land or other water users from the concentration of
non-exempt wells in subsequent irrigation non-expansion areas, the rules the
director adopts pursuant to section 45-598 governing the location of new wells
and replacement wells in new locations in active management areas shall apply
to new non-exempt wells and replacement non-exempt wells in new locations in
subsequent irrigation non-expansion areas if the new non-exempt wells or the
replacement non-exempt wells in new locations are for an irrigation use.
END_STATUTE