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SB1187 • 2026
active management areas; technical correction
SB1187 - active management areas; technical correction
Land
Water
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
- Sponsor
- Thomas "T.J." Shope
- Last action
- Official status
- Effective date
- Not listed
Plain English Breakdown
The bill summary and digest do not provide specific details about the number of people affected or any new policies created.
Active Management Areas; Technical Correction
This bill makes changes to Arizona's law regarding grandfathered groundwater rights in active management areas.
What This Bill Does
- Amends section 45-462 of the Arizona Revised Statutes to clarify that moving legally withdrawn groundwater does not make it illegal.
- Specifies that the amount of groundwater use described by an application for a certificate of exemption is recognized as legal use.
- Lists three categories of grandfathered rights: non-irrigation rights associated with retired irrigated land, other non-irrigation rights, and irrigation rights.
Who It Names or Affects
- People who were legally using groundwater before an area was declared as needing active management.
- Landowners whose property is entitled to be irrigated with groundwater.
- The director responsible for determining legal use of groundwater.
Terms To Know
- Active Management Area
- A region where special water management rules apply because the area needs careful control over its water resources.
- Grandfathered Rights
- Rights to use groundwater that existed before stricter regulations were put in place, and are protected by law.
Limits and Unknowns
- The bill only makes technical corrections and does not create new policies or rights.
- It is unclear how many people will be directly affected by these changes.
Bill History
No action history is stored for this bill yet.
Official Summary Text
SB1187 - active management areas; technical correction
Current Bill Text
Read the full stored bill text
SB1187 - 572R - I Ver
REFERENCE TITLE:
active management areas; technical correction
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1187
Introduced by
Senator
Shope
AN
ACT
amending section 45-462, Arizona Revised Statutes; relating to waters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-462, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-462.
Grandfathered groundwater rights; persons included; certificate
of exemption amount is legal use
A. In an active management area, a person who was
legally withdrawing and using groundwater as of the date of the designation of
the active management area or who owns land legally entitled to be irrigated
with groundwater as determined pursuant to this article has the right to
withdraw or receive and use groundwater as determined by the director pursuant
to this article.
B. For purposes of determining grandfathered rights
pursuant to this article, a groundwater use shall not be determined to be
illegal merely because the groundwater legally withdrawn is or has been
transported.
C. The amount of groundwater use described by an
applicaton
application
for a certificate
of exemption is recognized as a legal use for purposes of determining
grandfathered rights pursuant to section 45-464, subject to any
modification as a result of a finding on appeal of a factual mistake by the
state land department or Arizona water commission in computing the amount of
the authorized withdrawal.
D. The right to withdraw or receive and use
groundwater pursuant to this article is a grandfathered right. There
are three categories of grandfathered rights as follows:
1. Non-irrigation grandfathered rights associated
with retired irrigated land as determined pursuant to sections 45-463, 45-469
and 45-472.
2. Non-irrigation grandfathered rights not
associated with retired irrigated land as determined pursuant to section 45-464.
3. Irrigation grandfathered rights as determined
pursuant to section 45-465.
END_STATUTE