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SB1382 - 572R - I Ver
REFERENCE TITLE:
groundwater pumping; measuring; reporting
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1382
Introduced by
Senators
Sundareshan: Alston, Bravo, Diaz, Epstein, Fernandez, Gabald�n, Gonzales,
Hatathlie, Kuby, Miranda, Ortiz, Sears
AN
ACT
amending sections 45-604, 45-632 and 45-2602,
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 45-604, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-604.
Water measuring devices
A. Except as provided in subsections B, C
,
and
D
and E
of
this section, a person who withdraws groundwater from a nonexempt well in an
active management area or an irrigation non-expansion area, a person who
withdraws water from a
non-exempt
nonexempt
well in the Santa Cruz active management area
,
or
a person who withdraws groundwater for transportation to an
initial active management area pursuant to article 8.1 of this chapter
or a person who withdraws groundwater from a nonexempt well under any
other circumstances and in any other location
shall use a water
measuring device approved by the director.
B. A person who holds a type 2 non-irrigation
grandfathered right or a groundwater withdrawal permit in the amount of ten or
fewer acre-feet per year is not required to use a water measuring device
to measure withdrawals pursuant to that grandfathered right or groundwater
withdrawal permit unless the person holds more than one such right or permit in
the aggregate amount of more than ten acre-feet per year and withdraws
more than ten acre-feet of groundwater per year pursuant to those rights
or permits from one well.
C. In an irrigation non-expansion area:
1. A person who withdraws ten or fewer acre-feet of
groundwater per year from a
non-exempt
nonexempt
well for a non-irrigation use is not required
to use a water measuring device to measure withdrawals from that well.
2. A person who withdraws groundwater from a
non-exempt
nonexempt
well for an
irrigation use is not required to use a water measuring device to measure
withdrawals from that well if both of the following apply:
(a) Groundwater withdrawn from the well for an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 section 45-437 to irrigate ten or fewer contiguous acres at the
place of the use.
(b) Groundwater withdrawn from the well is not used
on land that is part of an integrated farming operation.
D. In an active management area, a person, other
than an irrigation district, who withdraws groundwater from a
non-exempt
nonexempt
well for use pursuant to an irrigation
grandfathered right that is appurtenant to ten or fewer irrigation acres is not
required to use a water measuring device to measure withdrawals from that well
unless groundwater withdrawn from the well is also used pursuant to either a
service area right pursuant to article 6 of this chapter or a grandfathered
groundwater right other than an irrigation grandfathered right that is
appurtenant to irrigation acres that are exempt from irrigation water duties
pursuant to section 45-563.02.
E. For a nonexempt well other than a
NONEXEMPT well prescribed by subsections B, C and D of this section:
1. A person who withdraws ten or fewer
acre-feet of groundwater per year from a nonexempt well for a non-irrigation
use is not required to use a water measuring device to measure withdrawals from
that well.
2. A person who withdraws groundwater
from a nonexempt well for an irrigation use is not required to use a water
measuring device to measure withdrawals from that well if both of the following
apply:
(
a
) Groundwater
withdrawn from the well for an irrigation use is used only on land that is
owned by a person who has the right to irrigate ten or fewer contiguous acres
at the place of the use.
(
b
) Groundwater
withdrawn from the well is not used on land that is part of an integrated
farming operation.
E.
F.
The
director shall adopt rules setting forth the requirements and specifications
for water measuring devices.
END_STATUTE
Sec. 2. Section 45-632, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-632.
Records and annual report of groundwater pumping, transportation
and use; penalty
A. Each person who is required to file an annual
report under this section or who files an annual report under subsection E of
this section shall maintain current accurate records of the person's
withdrawals, transportation, deliveries and use of groundwater and, in the
Santa Cruz active management area, current accurate records of the person's
withdrawals, deliveries and use of all water withdrawn from a well, as
prescribed by the director under subsection
P
Q
of this section.
B. Except as provided in subsections C and D of this
section, an annual report shall be filed with the director by each person who:
1. Owns or leases a right under this chapter to
withdraw, receive or use groundwater in an active management area, unless a
report is filed for that person by an irrigation district under subsection E of
this section or by another person in a form acceptable to the director.
2. Uses groundwater
which
that
is transported from an active management area.
3. Is an individual user subject to a municipal
conservation requirement for appropriate conservation measures included in a
management plan adopted by the director pursuant to article 9 of this chapter.
4. Withdraws groundwater for transportation to an
initial active management area pursuant to article 8.1 of this chapter.
5. Withdraws water from a well in the Santa Cruz
active management area or who uses water, other than stored water, withdrawn
from a
non-exempt
nonexempt
well in the Santa Cruz active management area.
6. Withdraws groundwater from a
nonexempt well in a location outside of an active management area and outside
of an irrigation non-expansion area, except that a person who withdraws
groundwater for an irrigation use from a nonexempt well is exempt from annual
reporting requirements if the groundwater is used only on land that is owned by
a person who has the right to irrigate ten or fewer contiguous acres at the
place of use and the land is not part of an integrated farming operation of
more than ten acres.
C. Persons who withdraw groundwater from exempt
wells and non-irrigation customers of cities, towns, private water
companies and irrigation districts, except customers receiving water pursuant
to a permit, are exempt from the record keeping and reporting requirements of
this section for such water.
D. A person who owns or leases an irrigation
grandfathered right that is appurtenant to ten or fewer irrigation acres is
exempt from the record keeping and reporting requirements of this section for
the irrigation grandfathered right unless one of the following applies:
1. The land to which the irrigation grandfathered
right is appurtenant is part of an integrated farming operation.
2. Groundwater is withdrawn from the land to which
the irrigation grandfathered right is appurtenant and delivered for use
pursuant to either a service area right pursuant to article 6 of this chapter
or a grandfathered groundwater right other than an irrigation grandfathered
right that is appurtenant to irrigation acres that are exempt from irrigation
water duties pursuant to section 45-563.02.
3. Groundwater is withdrawn from land that is both
owned by the owner of the irrigation grandfathered right and contiguous to the
land to which the irrigation grandfathered right is appurtenant and delivered
for use pursuant to either a service area right pursuant to article 6 of this
chapter or a grandfathered groundwater right other than an irrigation
grandfathered right that is appurtenant to irrigation acres that are exempt
from irrigation water duties pursuant to section 45-563.02.
E. An irrigation district
which
that
delivers and distributes groundwater in an active
management area may file an annual report with the director for each person who
holds an irrigation grandfathered right appurtenant to irrigation acres within
the service area of the irrigation district, if the irrigation district
delivers all the water used on the person's irrigation acres. If an
irrigation district files an annual report for such a person, the irrigation
district shall report the following information for each such person:
1. The name of the person and the certificate number
of the person's irrigation grandfathered right.
2. The quantity of groundwater, if any, delivered
during the calendar year.
F. Persons who are required to report under
subsection B, paragraph 1 of this section and who withdraw groundwater during
the calendar year in an active management area shall report the following
information for each well:
1. The registration number and location of the well.
2. The quantity of groundwater withdrawn from the
well during the calendar year. A person who, under section 45-604,
subsection B, is not required to use and does not use a water measuring device
to measure withdrawals made pursuant to a type 2 non-irrigation grandfathered
right or a groundwater withdrawal permit shall estimate the quantity of
groundwater withdrawn pursuant to the grandfathered right or withdrawal permit.
3. The quantity of fuel or electricity consumed by
the pump during the calendar year.
4. The uses to which the groundwater was applied or
the persons to whom the groundwater was delivered during the calendar year.
G. Persons who are required to report under
subsection B, paragraph 1 of this section and who use groundwater during the
calendar year in an active management area and persons who are required to
report under subsection B, paragraph 2 of this section shall report the
following information:
1. The source of the groundwater, including:
(a) The name of the person from whom the groundwater
was obtained.
(b) The registration number and location of the
well, if known.
2. The quantity of groundwater used during the
calendar year.
3. The specific uses to which the groundwater was
applied during the calendar year.
H. Persons who are required to report under
subsection B, paragraph 4 of this section and who transport groundwater during
the calendar year to an initial active management area under article 8.1 of
this chapter shall report the following information:
1. The registration number and location of each
well.
2. The quantity of groundwater withdrawn from each
well during the calendar year.
3. The quantity of groundwater transported during
the calendar year to an initial active management area.
4. The quantity of groundwater that was withdrawn
during the calendar year and that was not transported to an initial active
management area and the uses to which the groundwater was applied.
5. The quantity of fuel or electricity consumed by
each pump during the calendar year.
6. The uses to which the groundwater was applied or
the persons to whom the groundwater was delivered during the calendar year.
I. Persons who are required to report under
subsection B, paragraph 1 of this section and who neither withdraw nor use
groundwater during the calendar year shall report the following information:
1. The fact that no groundwater was withdrawn or
used during the calendar year.
2. The registration number and location of each
well, if any.
J. Persons who are required to report under
subsection B, paragraph 5 of this section and who withdraw water from a
non-exempt
nonexempt
well in the Santa
Cruz active management area during the calendar year shall report the following
information:
1. The registration number and location of the well.
2. The quantity of water, by type, withdrawn from
the well during the calendar year.
3. The quantity of fuel or electricity consumed by
the pump during the calendar year.
4. The uses to which the
groundwater
water
was applied or the persons to whom the water was delivered
during the calendar year.
K. Persons who are required to report under
subsection B, paragraph 5 of this section and who use water withdrawn from a
non-exempt
nonexempt
well in the Santa
Cruz active management area during the calendar year shall report the following
information:
1. The source of the water, including:
(a) The name of the person from whom the water was
obtained.
(b) The registration number and location of the
well, if known.
2. The quantity of the water, by type, used during
the calendar year.
3. The specific uses to which the water was applied
during the calendar year.
L. Persons who are required to report
under subsection B, paragraph 6 of this section and who withdraw groundwater
from a nonexempt well during the calendar year shall report the following
information:
1. The registration number and
location of the well.
2. The quantity of groundwater
withdrawn from the well during the calendar year, except that a person who,
under section 45-604, subsection E, paragraph 1, is not required to use a water
measuring device shall estimate the quantity of groundwater withdrawn.
3. The quantity of fuel or
electricity consumed by the pump during the calendar year.
4. The uses to which the groundwater
was applied or the persons to whom the groundwater was delivered during the
calendar year.
5. The quantity of the groundwater
used during the calendar year.
L.
M.
If
a person both withdraws groundwater in an active management area and uses such
water, the person may combine the information required by subsections F and G
of this section into one report. If a person both withdraws water,
other than stored water, from a non-exempt well in the Santa Cruz active
management area and uses such water, the person may combine the information
required by subsections J and K of this section into one report.
M.
N.
The
director may require such other information in the report as may be necessary
to accomplish the management goals of the applicable active management area.
N.
O.
Each
report shall contain either a sworn statement or a certification, under penalty
of perjury, that the information contained in the report is true and correct
according to the best belief and knowledge of the person filing the report.
O.
P.
The
annual report shall be maintained on a calendar year basis and shall be filed
with the director no later than March 31 of each year for the preceding
calendar year. If a person who is required under this section to
file an annual report for calendar year 1985 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
$150
. The
director shall deposit, pursuant to sections 35-146 and 35-147, all
penalties collected under this subsection in the state general fund.
P.
Q.
The
records and reports required to be kept and filed under this section shall be
in such form as the director prescribes. The director shall prepare
blank forms and distribute them on a timely schedule throughout each active
management area and furnish them
upon
on
request. Failure
to receive or obtain the forms does not relieve any person from keeping the
required records or making any required report. The director shall cooperate
with cities and towns, private water companies and irrigation districts in
establishing the form of the records and reports to be kept and filed by them.
END_STATUTE
Sec. 3. Section 45-2602, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-2602.
Establishment of southside
protection zones; reporting requirements
A. The following southside protection zones are
established on
the effective date of this section
December 14, 2007
:
1. The eastern protection zone north.
2. The eastern protection zone south.
3. The western municipal and industrial protection
zone.
4. The western municipal protection zone.
5. The central protection zone.
B. The boundaries of the southside protection zones
established under subsection A
of this section
are shown
on the maps that are dated March 25, 2002 and that are on file in the
department.� The maps shall be available for examination by the public during
regular business hours.
C. Each person in the Pinal active management area
who withdraws underground water during a calendar year in a southside
protection zone established under this section, other than the central
protection zone, shall file an annual report with the director no later than
March 31 of each year for the preceding calendar year.� The report shall
contain the following information in addition to any other information required
by section 45-632:
1. The amount of underground water withdrawn within
the southside protection zone and the name of the protection zone.
2. If the underground water was used for a
nonirrigation use, the purpose for which the underground water was used, the
location of the use, the acreage of the parcel or parcels of land on which the
underground water was used and the date the use commenced.
3. The amount of any water replenished during the
year pursuant to section 45-2611, subsection B, paragraph 2, the water
use for which the water was replenished and the manner in which the water was
replenished.
4. The amount of any water replaced during the year
pursuant to section 45-2611, subsection B, paragraph 3, the water use for
which the water was replaced and the manner in which the water was replaced.
D. A person who is required to file an annual report
for a year under subsection C of this section:
1. Shall use a water measuring device approved by
the director unless exempt under section 45-604.
2. Shall maintain current accurate records of the
person's withdrawals, transportation, deliveries and use of underground water
as prescribed by the director.�
3. May combine the report with an annual report for
the same year filed under section 45-632.�
4. Shall comply with the requirements prescribed in
section 45-632, subsections
N,
O
,
and
P and
Q and
is subject to the
penalties prescribed in section 45-632, subsection
O
P
as if the report was required by section 45-632.
E. A person who withdraws underground water from an
exempt well is exempt from the record keeping and reporting requirements of
subsections C and D of this section.� For the purposes of this subsection,
"exempt well" means a well that has a pump with a maximum capacity of
not more than thirty-five gallons per minute, that is used to withdraw
underground water and that would qualify as an exempt well under section 45-454
if used to withdraw groundwater.
F. If stored water is withdrawn in the Pinal active
management area in a southside protection zone established under this section,
other than the central protection zone, the annual report filed under section
45-875.01, subsection D shall include:
1. The amount of stored water withdrawn within the
southside protection zone and the name of the protection zone.
2. If the stored water was used for a nonirrigation
use, the purpose for which the water was used, the acreage of the parcel or
parcels of land on which the water was used, the location of the use and the
date the use commenced.
3. The identification of the storage facility in
which the water was stored.
4. The amount of any water replenished during the
year pursuant to section 45-2611, subsection B, paragraph 2, the water
use for which the water was replenished and the manner in which the water was
replenished.
5. The amount of any water replaced during the year
pursuant to section 45-2611, subsection B, paragraph 3, the water use for
which the water was replaced and the manner in which the water was replaced.
END_STATUTE