Official Summary Text
HB2263 - 572R - House Bill Summary
ARIZONA HOUSE OF REPRESENTATIVES
57th
Legislature, 2nd Regular Session
Majority Research Staff
House:
NREW DPA 6-3-0-1
HB
2263
: Colorado River water; replenishment; restriction
Sponsor:
Representative Griffin, LD 19
Caucus
& COW
Overview
Limits
a person in an active management area (AMA) from using or conveying diverted
Colorado River water for groundwater replenishment unless the water is
delivered to certain permitted groundwater savings facilities.
History
The Central Arizona Project was established on September 30,
1968 by the Colorado River Basin Project Act (
USPL 1967,
Chapter 57, page 380
). The Central Arizona Water Conservation
District (CAWCD), a special taxing district, was established for the purposes
of:
1)
contracting
with the U.S. Secretary of Interior for delivery of Arizona�s CAP water;
2)
repaying
the federal government for the state�s share of CAP construction costs; and
3)
operation
and maintenance of the CAP aqueduct (
A.R.S. Title 48, Chapter 22
).
In 1993, the Legislature expanded CAWCD�s authority to
include groundwater replenishment within the Phoenix, Pinal and Tucson Active
Management Areas (AMAs) (
A.R.S. Title 48, Chapter 22, Article 4
).
The replenishment authority of the CAWCD is referred to as the Central Arizona
Groundwater Replenishment District (CAGRD). Membership in the CAGRD provides a
method for landowners and water providers to demonstrate consistency with AMA
management goals and the Assured Water Supply (AWS) rules. Membership is
voluntary and carries certain financial responsibilities. CAGRD is responsible
for replenishing the amount of groundwater that exceeds pumping limitations
that have been established by AWS rules. Replenishment may occur through
operation of underground storage facilities or groundwater savings facilities.
CAGRD is required to establish a replenishment reserve for both current and
future member service areas and member lands (Laws 1993, Chapter 200).
Provisions
1.
States that,
notwithstanding any other law, a person may only use or convey Colorado River
water that is diverted from the main stem of the Colorado River for purposes of
replenishment in an AMA if the water is delivered to a permitted facility owned
by a multi-county water conservation district or a permitted groundwater
savings facility. (Sec. 1)
Amendments
Committee on
Natural Resources, Energy and Water
1.
Specifies
this act applies to first priority main stem Colorado River water that is
diverted. (Sec. 1)
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Current Bill Text
Read the full stored bill text
HB2263 - 572R - I Ver
REFERENCE TITLE:
Colorado River water; replenishment; restriction
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2263
Introduced by
Representative
Griffin
AN
ACT
Amending section 45-812.01, Arizona
Revised Statutes; RELATING to underground water storage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-812.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-812.01.
Groundwater savings facility permit; Colorado River; replenishment
A. A person may apply to the director for a
groundwater savings facility permit and may operate a groundwater savings
facility only pursuant to a permit.
B. The director may issue a permit to operate a
groundwater savings facility if the director determines that all of the
following apply:
1. Operation of the facility will cause the direct
reduction or elimination of groundwater withdrawals in an active management
area or an irrigation non-expansion area by means of delivery of water other
than groundwater pumped from within that active management area or irrigation
non-expansion area that the recipient will use in lieu of groundwater that the
recipient would otherwise have used.
2. The applicant will deliver water other than
groundwater pumped from within the active management area or irrigation
non-expansion area in which the groundwater savings facility is located to an
identified groundwater user who will use and agrees in writing to use the water
delivered to the facility on a gallon-for-gallon substitute basis
directly in lieu of groundwater that otherwise would have been pumped from
within the active management area or irrigation non-expansion area.
3. The in lieu water is the only reasonably
available source of water for the recipient other than groundwater pumped from
within the same active management area or irrigation non-expansion area in
which the groundwater savings facility is located.
4. The water delivered as in lieu water would not
have been a reasonable alternative source of water for the recipient except
through the operation of the groundwater savings facility.
5. The water delivered to the recipient as in lieu
water was not delivered before October 1, 1990.
6. The applicant has submitted a plan satisfactory
to the director that describes how the applicant will prove the quantity of
groundwater saved at the facility each year and what evidence will be submitted
with the applicant's annual report as required by section 45-875.01 to
prove the groundwater savings. The plan may rely on the following
factors:
(a) The recipient's cost of pumping groundwater
relative to the cost of in lieu water and alternative sources of water
available to the recipient.
(b) The historic quantity of groundwater pumped by
the recipient at the location of the intended use of the in lieu water.
(c) The recipient's anticipated demand for
groundwater and anticipated total demand for water, including groundwater.
(d) The recipient's legal right to withdraw or use
groundwater pursuant to chapter 2 of this title.
(e) The amount of central Arizona project water for
which the recipient anticipates accepting delivery.
(f) The historic amount of power used to pump
groundwater at the groundwater savings facility compared to the power used
during a year in which the recipient received in lieu water.
(g) The factors that prevent the recipient from
using the water delivered as in lieu water without the operation of the
groundwater savings facility.
(h) Any other criteria the director may deem to be
relevant.
C. Notwithstanding any other law, a
person may only use or convey Colorado river water that is diverted from the
main stem of the Colorado river for the purposes of replenishment in an active
management area if the water is delivered to a permitted facility that is owned
by multi-county water conservation district established pursuant to title
48, charter 22 or a permitted groundwater savings facility on state lands or
private land.
END_STATUTE