subsequent irrigation; non-expansion areas; procedures

HB2513 - 572R - I Ver

REFERENCE TITLE:
subsequent irrigation; non-expansion areas; procedures

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2513

Introduced by

Representatives
Stahl Hamilton: Garcia, Gutierrez, Sandoval, Simacek, Travers, Villegas;�
Senator Gabald�n

AN
ACT

amending sections 45-114, 45-432, 45-433,
45-434, 45-435 and 45-436, Arizona Revised Statutes; relating to the
groundwater code.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section
1.
Section
45-114, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-114.

Administrative
proceedings; rehearing or review; judicial review

A. Administrative
proceedings under this title are subject to title 41, chapter 6, article 10,
except for administrative proceedings under section 45-476.01. If
an administrative hearing is held before the director's decision, the
administrative proceeding is a contested case under title 41, chapter 6,
article 10. If an administrative hearing is not held before the
director's decision, the director's decision is an appealable agency action
under title 41, chapter 6, article 10. This subsection does not apply
to a public hearing conducted under this title or to a decision of the director
that is entered after a public hearing conducted under this title.

B. Except
for a decision of the director under section 45-476.01, after service of
a final decision of the director under this title, a party may file a motion
for rehearing or review under section 41-1092.09 and may seek judicial
review under title 12, chapter 7, article 6, except as provided in section 41-1092.08,
subsection H. This subsection does not apply to a decision of the
director that is entered after a public hearing conducted under this title.

C.
Except for a decision of the director under section 45-436,

a decision of the director that is entered after
a public hearing conducted under this title is subject to rehearing or review
and judicial review as provided in this subsection. A party is not
required to file a motion for rehearing or review in order to exhaust
administrative remedies and may seek judicial review of the director's final
decision under title 12, chapter 7, article 6 as follows:

1. If
a party files a motion for rehearing or review, the director's decision is not
final for the purposes of judicial review until the director denies the motion
or the director issues a decision after rehearing or review. A party
shall file a motion for rehearing or review within thirty days after the
publication or issuance of the director's findings and order as provided in
sections 45-404, 45-414,
45-436,
45-571 and 45-576.03 or by
rule. The director shall issue an order either granting or denying the
motion within sixty days after the filing of the motion. The
director's decision after rehearing or review is the director's final decision
for the purposes of judicial review by the party who filed the motion for
rehearing or review or by any other party.

2. If
a motion for rehearing or review is not filed by any party, the director's
decision is final for the purposes of judicial review by any party.
END_STATUTE

Sec.
2.
Section
45-432, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-432.

Subsequent
irrigation non-expansion areas; designation; review; definition

A. The
director may designate an area
which

that
is not included within an
active management area as a subsequent irrigation non-expansion area if the
director determines that both of the following apply:

1. There
is insufficient groundwater to provide a reasonably safe supply for irrigation
of the cultivated lands in the area at
the current

reasonable projected

rates of withdrawal.
In
making the determination, the director may consider credible evidence that
indicates likely future changes to rates of withdrawal.

2. The
establishment of an active management area pursuant to section 45-412 is
not necessary.

B. An
irrigation non-expansion area established pursuant to this section may include
more than one groundwater
sub-basin

subbasin
but shall not be smaller
than a groundwater
sub-basin

subbasin
or include only a portion
of a groundwater
sub-basin
subbasin
.

C. For the purposes of this section,
"reasonably safe supply for irrigation" means a reliable source of
groundwater for irrigation for one hundred years.

END_STATUTE

Sec.
3.
Section
45-433, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-433.

Local
initiation for designation; procedures

A. The
designation of a subsequent irrigation non-expansion area may be
initiated by the director or by petition to the director signed by either:

1. Not
less than twenty-five irrigation users of groundwater, or one-fourth of
the irrigation users of groundwater within the boundaries of the groundwater
basin or
sub-basin
subbasin
specified in the petition.
�
For the purposes of this paragraph, an irrigation user of groundwater is
eligible to sign a petition if the user:

(
a
) Is the owner of the irrigated land.� A lessee or other
person applying water on behalf of the owner is not eligible to sign a
petition.

(
b
) Within the five years preceding the date of the
SUBMISSION of the petition, has irrigated two or more acres of land within the
basin or subbasin prescribed in the petition.

(
c
) Is capable of irrigating the land in the future.

2. Ten

per cent
percent
of the registered voters residing within the
boundaries of the groundwater basin or
sub-basin
subbasin
specified in the
petition as of the most recent report compiled by the county recorder in
compliance with section 16-168, subsection
G
H
.
The form of the petition shall be the same as for an initiative
petition and the applicant for such petition shall comply with the provisions
of section 19-111.
If
a groundwater basin or
sub-basin
subbasin
is located in two
or more counties, the number of registered voters required to sign the petition
shall be ten
per cent

percent
of
the registered voters residing within the boundaries of the groundwater basin
or
sub-basin
subbasin
, as of the most recent report compiled by the
county recorder in compliance with section 16-168, subsection
G
H
, within the county in which the plurality of the registered voters in
the groundwater basin or
sub-basin
subbasin
resides
, and that county recorder shall provide the form for the voter
petition
.

B. A
petition pursuant to subsection a of this section shall be submitted to the
director within one year after the date the petition form is issued to the
petitioners by the county recorder.� The petition shall be accompanied by a
numeric groundwater flow model and a hydrologic report using a method of
analysis that is approved by the director and that is signed and sealed by a
professional geologist or engineer who is registered with the state board of
technical registration pursuant to title 32, chapter 1.� Before submitting the
petition, one or more of the petitioners shall consult with the department
regarding the groundwater flow model and hydrologic report.� The director may
deny the petition if the director determines that the accompanying groundwater
flow model or hydrologic report is deficient after providing the petitioners a
reasonable opportunity to correct any deficiencies in the submitted groundwater
flow model and hydrologic report.

B.

C.
Upon

On

receipt of a petition pursuant to
subsection A, paragraph 2 of this section, the director shall transmit the
petition to the county recorder of each county in which the groundwater basin
or
sub-basin

subbasin

is
located for verification of signatures. In addition, the director
shall transmit a map of the groundwater basin or
sub-basin

subbasin

to the county recorder of each such county
included. The map shall be on a scale adequate to show with substantial
accuracy where the boundaries of the groundwater basin or
sub-basin
subbasin
cross the
boundaries of county voting precincts. The director shall also
transmit to the county recorder all other factual data concerning the
boundaries of the groundwater basin or
sub-basin

subbasin
that may aid the county recorder in
the determination of

determining

which
registered voters of the county are residents of the groundwater basin or
sub-basin

subbasin
.

D. The
director shall determine whether a petition complies with subsections A and B
of this section.� If the director determines the petition complies with
subsections A and B of this section, the director is not required to hold a
hearing on the sufficiency of the petition and the director's determination of
compliance is not subject to judicial review.� If the director determines the
petition does not comply with subsections A and B of this section, the decision
is an appealable agency action pursuant to title 41, chapter 6, article 10.
END_STATUTE

Sec.
4.
Section
45-434, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-434.

Limitation
on number of irrigated acres

A. If
procedures are initiated, whether by the director or by
submitting
a valid
petition
with an approved groundwater flow model and hydrologic report
, for designating an irrigation non-expansion
area, an irrigation user may irrigate within the proposed irrigation non-expansion
area only acres of land
which

that
were irrigated at any time during the five years
preceding the
first

date of
publication of
the notice of
the initiation
of designation procedures
hearing prescribed by SECTION
45-435
.

B. The
limitation on the acres
which
that
may be irrigated shall continue in effect until
the director makes a final determination pursuant to section 45-436.
END_STATUTE

Sec.
5.
Section
45-435, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-435.

Hearing on
designation of subsequent irrigation non-expansion areas and boundaries;
notice; procedures

A. If
the director finds that an area
which

that
is not included within an active management area
meets the criteria specified in section 45-432
,
or a
valid
petition is filed pursuant to
and complies with

section 45-433,
the director shall hold a public hearing to consider:

1. Whether
to issue an order declaring the area an irrigation non-expansion area.

2. The
boundaries of the proposed irrigation non-expansion area.

B. The
director shall give reasonable notice of the hearing under the circumstances
which

that

shall include the publication once
each week for two consecutive weeks in a newspaper of general circulation in
each county in which the proposed irrigation non-expansion area is located.�
Any notice shall contain the time and place of the hearing,
the legal description and
a
map clearly identifying and describing all lands to be included in the proposed
irrigation non-expansion area and any other information the director deems
necessary.

C. The
hearing shall be held at a location in the county in which the major portion of
the proposed irrigation non-expansion area is located
no
not
less than thirty days
but
no
not
more than sixty days after the first publication
of the notice of the hearing.
� The DIRECTOR may continue
the hearing for good cause.
At
the hearing, the director shall present the factual data in
his
the director's
possession in support of or in opposition to the proposed
action. Any person may appear at the hearing, either in person or by
representative, and submit oral or documentary evidence for or against the
proposed action. In making
his
the
determination, the
director shall give full consideration to public comment and to recommendations
made by local political subdivisions.
END_STATUTE

Sec.
6.
Section
45-436, Arizona Revised Statutes, is amended to read:

START_STATUTE
45-436.

Findings
on hearing; order for irrigation non-expansion area; publication; review

A. Within
thirty days after the hearing, the director shall make and file in the
director's office written findings with respect to matters considered during
the hearing. If the director decides to declare an area an
irrigation non-expansion area, the director shall make and file an order
designating the irrigation non-expansion area.

B. The

director's summary of
findings and
the
order shall be published in the manner and for the length of time
prescribed
by section 45-435

for the publication of notice of the public
hearing, and the order is effective when published for the final
time. All factual data compiled by the director, a transcript of the
hearing, a copy of the findings and a map identifying the lands included in the
irrigation non-expansion area are public records of the department and shall be
available for examination by the public during regular business
hours. The findings and order of the director are
a final determination for purposes of the limitation on IRRIGATED
acres PRESCRIBED by SECTION 45-434, are not an appealable agency action and are

subject to
rehearing
or review and to
judicial review
as provided in section 45-114, subsection C

on the thirty-first day after the last date of publication of the
director's summary of the findings and order.� Only petitioners and persons who
submitted oral or documentary evidence at the public hearing held pursuant to
section 45-435 may file an action for judicial review of the director's order,
and the grounds for review are limited to those issues raised in the petition
or in the oral or documentary evidence submitted at the public hearing.

C. If the
director declines to designate a subsequent irrigation non-expansion area
pursuant to this section:

1. If the
director's decision is reversed on judicial review, any acres in the area
proposed for designation that were irrigated after the director's decision and
before the decision was reversed may continue to be irrigated after the
irrigation non-expansion area is finally designated.

2. A
person may not file a subsequent petition to designate that area as an
irrigation non-expansion area until three years after the director's refusal to
designate becomes final.

C.

D.
The director shall file a true copy of the map in
the office of the county recorder of the county or counties in which the
irrigation non-expansion area is located.
END_STATUTE