Read the full stored bill text
SB1785 - 572R - S Ver
Senate Engrossed
water storage
facility; withdrawals; area
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1785
AN
ACT
amending section 45-834.01, Arizona
Revised Statutes; relating to water storage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 45-834.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-834.01.
Recovery of stored water; recovery well permit; emergency
temporary recovery well permit; well construction
A. A person who holds long-term storage
credits or who may recover water on an annual basis may recover the water
stored pursuant to a water storage permit only:
1. If the person seeking to recover stored water has
applied for and received a recovery well permit under this article.
2. For water stored within an active management
area, if one of the following applies:
(a) The proposed recovery well is located within the
area of impact of the stored water, as determined by the director, and either
the person recovering the water is the storer or the stored water to be
recovered is Colorado River water. If the stored water to be recovered is
effluent that is stored in a managed underground storage facility and if the
proposed recovery well is not an already constructed well owned by the person
recovering the water and is located within the exterior boundaries of the service
area of a city, town, private water company or irrigation district, that city,
town, private water company or irrigation district must be notified by the
person recovering the stored water and must have the right to offer to recover
the water stored on behalf of that person.� If the city, town, private water
company or irrigation district offers to recover the water on behalf of the
person seeking recovery and the water that is offered for recovery is of
comparable quality to the water that the person could recover, the person
seeking to recover the water shall consider accepting the best offer from the
city, town, private water company or irrigation district overlying the area of
impact that has offered to recover the stored water.
For
the PURPOSES of this SUBDIVISION, if a recovery well permit applicant does not
submit a separate HYDROLOGIC study to the director, the director shall assume
that the recovery well is LOCATED within the area of impact of the stored water
if the recovery well location is
either in land permitted
to operate as a groundwater savings facility or within ONE MILE of any of the
following:
(
i
) the
exterior boundary of a constructed underground STORAGE facility basin or other
water STORAGE INFRASTRUCTURE.
(
ii
) the middle
line of a drainage channel within the storage area of a managed underground
storage facility.
(b) The proposed recovery well is located outside
the area of impact of the stored water, as determined by the director, and all
of the following apply:
(i) The proposed recovery well is located within the
same active management area as storage.
(ii) The director determines that recovery at the
proposed location is consistent with the management plan and achievement of the
management goal for the active management area.
(iii) If the proposed recovery well is located
within the exterior boundaries of the service area of a city, town, private
water company or irrigation district, that city, town, private water company or
irrigation district is the person seeking to recover the water or has consented
to the location of the recovery well.
(iv) If the proposed recovery well is located
outside, but within three miles of, the exterior boundaries of the service area
of a city, town, private water company or irrigation district, the closest
city, town, private water company or irrigation district has consented to the
location of the recovery well.
(c) The proposed recovery well is located within the
area of impact of the stored water, as determined by the director, the person
recovering the water is not the storer, the stored water to be recovered is not
Colorado River water and all of the conditions prescribed by subdivision (b),
items (i) through (iv) of this paragraph are met.
3. For water stored outside of an active management
area, if recovery will occur within the same irrigation non-expansion
area, groundwater basin or groundwater
sub-basin
subbasin
, as applicable, in which the water was stored.
B. Before recovering from any well water stored
pursuant to a water storage permit, a person shall apply for and receive a
recovery well permit from the director.� The director shall issue the recovery
well permit if the director determines that:
1. If the application is for a new well, as defined
in section 45-591, or except as provided in paragraphs 2 and 3 of this
subsection for an existing well, as defined in section 45-591, the
proposed recovery of stored water will not unreasonably increase damage to
surrounding land or other water users from the concentration of wells.� The
director shall make this determination pursuant to rules adopted by the
director.
2. If the applicant is a city, town, private water
company or irrigation district in an active management area and the application
is for an existing well within the service area of the city, town, private
water company or irrigation district, the applicant has a right to use the
existing well.
3. If the applicant is a conservation district and
the application is for an existing well within the conservation district and
within the groundwater basin or
sub-basin
subbasin
in which the stored water is located, the applicant
has a right to use the existing well.
C. A city, town,
private water company or irrigation district in an active management area may
apply with a single application to the director to have all existing wells, as
defined in section 45-591, that the applicant has the right to use within
its service area listed as recovery wells on the recovery well permit, if those
wells otherwise meet the requirements of this section.
D. If the applicant is a conservation district, the
director may issue an emergency temporary recovery well permit without
complying with section 45-871.01, subsection F if the director determines
that all of the following apply:
1. The conservation district cannot reasonably
continue to supply central Arizona project water directly to a city, town,
private water company or irrigation district due to an unplanned failure of a
portion of the central Arizona project delivery system.
2. The emergency temporary recovery well permit is
necessary to allow the conservation district to provide immediate delivery of
replacement water to the city, town, private water company or irrigation
district.
3. The application is for an existing well as
defined in section 45-591 that is within the groundwater basin or
groundwater
sub-basin
subbasin
in which the stored water is located, is within the conservation district and
is within the service area of the city, town, private water company or
irrigation district.
E. An emergency temporary recovery well permit
issued pursuant to subsection D of this section may be issued for a period of
up to ninety days and may be extended for additional ninety day periods if the
director determines that the conditions prescribed in subsection D of this
section continue to apply.
F. If the application for a recovery well permit is
approved, the director shall issue a permit and the applicant may proceed to
construct or use the well.� If the application is rejected, the applicant shall
not proceed to construct or use the well.� A new well shall be completed within
one year of receipt of the permit, unless the director in granting the permit
approves a longer period to complete the well.� If the well is not completed
within one year or the longer period approved by the director, the applicant
shall file a new application before proceeding with construction.
G. A recovery well permit shall include the
following information:
1. The name and mailing address of the person to
whom the permit is issued.
2. The legal description of the location of the
existing well or proposed new well from which stored water may be recovered
pursuant to the permit.
3. The purpose for which the stored water will be
recovered.
4. The depth and diameter of the existing well or
proposed new well from which stored water may be recovered pursuant to the
permit.
5. The legal description of the land on which the
stored water will be used.
6. The maximum pumping capacity of the existing well
or proposed new well.
7. If the permit is for a proposed new well, the
latest date for completing the proposed new well.
8. Any other information as the director may
determine.
END_STATUTE