stock watering; active management areas

Plain English Breakdown

The bill text uses strike-through and replacement language (e.g., 'June 12, 1980' replaced by 'the date of the designation...') which indicates a change in how the cutoff date is determined for non-initial AMAs. The summary reflects this distinction.

SB1287: Expanding Groundwater Use for Stock Watering and Domestic Needs

This bill extends the right to withdraw up to 10 acre-feet of groundwater annually for domestic use or stock watering from initial active management areas to all active management areas, provided specific historical usage conditions are met.

What This Bill Does

• Extends the existing rule allowing IGFR holders in initial Active Management Areas (AMAs) to withdraw up to 10 acre-feet of groundwater annually for domestic purposes or stock watering to holders in any AMA.
• Requires that this water be withdrawn from wells currently used for irrigation on land covered by an Irrigation Grandfathered Right certificate.
• Mandates that the right applies only if, as of June 12, 1980 (for initial AMAs) or the date the AMA was designated (for other AMAs), groundwater from those wells was already being used for domestic purposes or stock watering.
• States that no Type 2 non-irrigation grandfathered right certificate has been issued based on these withdrawals.
• Clarifies that if a separate meter measures this water use, it is exempt from certain conservation rules; otherwise, it counts toward irrigation usage reports and flexibility account debits/credits.
• Defines replacing an old well with a new one in the same or a different location as being considered the 'same well' for these rights.

Who It Names or Affects

• People who hold certificates of Irrigation Grandfathered Rights (IGFR) within any Active Management Area.
• The Director of the Arizona Department of Water Resources, who oversees groundwater withdrawals and reporting requirements.
• Landowners using wells to irrigate certificated acres while also needing water for household or livestock needs.

Terms To Know

Active Management Area (AMA)

A specific region in Arizona where groundwater use is regulated by the state due to high usage levels.

Irrigation Grandfathered Right (IGFR)

A legal right allowing landowners to continue using groundwater for irrigation based on historical use before certain regulations took effect, tied specifically to certificated acres.

Stock Watering

The act of providing water to livestock, range livestock, or poultry as defined in state law.

Limits and Unknowns

• This right is lost if the Irrigation Grandfathered Right is retired or conveyed for a non-irrigation use.
• Water withdrawn under this rule must be used only on the same land and for the same purpose as it was historically used before the cutoff date (June 12, 1980, or AMA designation date).
• The bill does not specify an exact effective calendar date in the provided text, stating instead that it becomes effective on a general future date.

Official Summary Text

SB1287 - 572R - Senate Fact Sheet

Assigned to
NR�������������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1287

stock watering;
active management areas

Purpose

Allows a person who holds a certificate of an irrigation grandfathered
right (IGFR) in any active management area (AMA), rather than in an initial
AMA, the right to annually withdraw up to 10 acre-feet of groundwater for
domestic purposes or stock watering from a well or wells the holder is using to
withdraw groundwater for irrigation use on the certificated acres and use the
groundwater if statutorily outlined conditions apply.

Background

In an AMA, a person who was legally withdrawing and using
groundwater as of the date of the designation of the AMA or who owns land
legally entitled to be irrigated with groundwater has the right to withdraw or
receive and use groundwater as determined by the Director of the Arizona
Department of Water Resources (ADWR). There are three categories of
grandfathered rights: 1) non-irrigation grandfathered rights associated with
retired irrigated land; 2) non-irrigation grandfathered rights not associated
with retired irrigated land; and 3) IGFRs. In an AMA, a person who owns land
which was legally irrigated in whole or in part with groundwater at any time
during the five years preceding January 1, 1980, for initial AMAs or the date
of the notice of the initiation of designation procedures or the call for the
election for subsequent AMAs, which is capable of being irrigated and which has
not been retired from irrigation for a non-irrigation use has the right to use
groundwater for the irrigation of such land. The owner of an IGFR may convey
the right only with the land to which the right is appurtenant (A.R.S. ��
45-462
;
45-465
; and
45-472
).

A person who holds an IGFR in an initial AMA has the right to annually
withdraw up to 10 acre-feet of groundwater for domestic purposes or stock
watering from a well or wells the holder is using to withdraw groundwater for
irrigation use on the certificated acres, if: 1) as of June 12, 1980,
groundwater withdrawn from the well or wells was being used for domestic
purposes or stock watering; and 2) no certificate of type 2 non-irrigation
grandfathered rights has been issued by the Director of ADWR. Groundwater
withdrawn under these conditions may only be used on the same land and for the
same purpose of which groundwater withdrawn from the well or wells was being
used as of June 12, 1980 (
A.R.S.
� 45-465.03
).

There is no anticipated fiscal impact
to the state General Fund associated with this legislation.

Provisions

1.

Allows a person who holds an IGFR in any AMA, rather than in an initial
AMA, the right to annually withdraw up to 10 acre-feet of groundwater for
domestic purposes or stock watering from a well or wells the holder is using to
withdraw groundwater for irrigation use on the certificated acres and use the
groundwater if statutorily outlined conditions apply.

2.

Makes technical and conforming changes.

3.

Becomes effective date on the general effective date.

Amendments Adopted by Committee

�

Makes conforming changes.

Senate Action

NR������� 2/3/26�������
DPA ������ 5-1-2

Prepared by Senate Research

February 5, 2026

SB/SF/hk

Current Bill Text

SB1287 - 572R - S Ver

Senate Engrossed

stock watering;
active management areas

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1287

AN
ACT

Amending section 45-465.03, Arizona
Revised Statutes; RELATING to groundwater.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 45-465.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-465.03.

Right to use groundwater for domestic purposes; stock watering;
incidental to irrigation grandfathered right; definitions

A. In an
initial
active
management area, a person who holds a certificate of irrigation grandfathered
right has the right to withdraw annually up to ten acre-feet of groundwater for
domestic purposes or
stockwatering
stock
watering
from a well or wells the holder is using to withdraw
groundwater for irrigation use on the certificated acres and use the
groundwater pursuant to subsections B and C of this section if both of the
following apply:

1. As of
June 12, 1980

the date of the designation of the active management area,
groundwater
withdrawn from the well or wells was being used for domestic purposes or
stockwatering
stock watering
.

2. No certificate of type 2 non-irrigation
grandfathered right has been issued by the director based in whole or in part
on the withdrawals for domestic purposes or
stockwatering
stock watering
.

B. Groundwater withdrawn pursuant to this section
may be used only:

1. On the same land on which groundwater withdrawn
from the well or wells was being used for domestic purposes or
stockwatering
stock watering
as of
June 12, 1980

The Date of the Designation of the Active Management Area
.

2. For the same purpose for which groundwater
withdrawn from the well or wells was being used as of
June 12,
1980

the date of the designation of the active management
area
.

C. If groundwater withdrawn pursuant to this section
is used for domestic purposes and
stockwatering
stock watering
, the aggregate quantity of groundwater
withdrawn for those purposes shall not exceed ten acre-feet per year.

D. For
the
purposes of this
section, a replacement well in the same location or a replacement well in a new
location shall be considered to be the same well as the well being used as of
June 12, 1980

the date of the designation of the
active management area
.

E. If the withdrawals for domestic purposes or
stockwatering
stock watering
are
separately measured with a water measuring device approved by the director
pursuant to section 45-604, the withdrawals are exempt from the
conservation requirements for non-irrigation uses established in the management
plans adopted pursuant to article 9 of this chapter.

F. If the withdrawals for domestic purposes or
stockwatering
stock watering
are not
separately measured with a water measuring device approved by the director
pursuant to section 45-604, the withdrawals shall be deemed to be
withdrawals for irrigation use on the certificated acres for purposes of
determining debits and credits to the flexibility account established pursuant
to section 45-467 and for
the
purposes of reporting
the use to which the groundwater was applied in the annual reports required by
section 45-632.

G. The right to withdraw and use groundwater
pursuant to this section is an incident of an irrigation grandfathered right
and may be leased or conveyed with the irrigation grandfathered right.

H. If an irrigation grandfathered right is retired
or conveyed for a non-irrigation use, the right to withdraw and use groundwater
pursuant to this section is extinguished.

I. For
the
purposes of this
section:

1. "Certificated acres" means the acres
described on the certificate of irrigation grandfathered right.

2. "Domestic purposes"
:

(
a
)
Means
uses related to the supply, service and activities of households and private
residences.
Domestic purposes

(
b
)
Does
not include the application of water to produce plants or parts of plants for
sale or human consumption, or for use as feed for livestock, range livestock or
poultry, as such terms are defined in section 3-1201.

3. "
Stockwatering
stock watering
" means watering livestock, range livestock
or poultry, as such terms are defined in section 3-1201.
END_STATUTE