HB2123

THE CONTEXT: Current law requires a person who withdraws groundwater from a nonexempt well in an active management area (AMA) and irrigation non-expansion area (INA) or a person who withdraws groundwater for transportation to an initial AMA to use a water measuring device. Generally, areas that are outside AMAs and INAs are not required to use a water measuring device.

WHAT THE BILL DID: The final vetoed version would prohibit Arizona or any of its political subdivisions from requiring a water measuring device for a well located in a basin or subbasin that: a) contains a river system or source subject to a general adjudication that is on-going; and b) is outside an initial AMA or outside an area where groundwater can be transported to an AMA, specifies that these provisions do not impede or impair either: a) the terms and conditions of a valid contract or settlement agreement; or b) the authority, actions and remedies that are available to a court of competent jurisdiction in a general stream adjudication, and make technical and conforming changes.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for wells instead of leaving the conduct unaddressed. It would prohibit Arizona or any of its political subdivisions from requiring a water measuring device for a well located in a basin or subbasin that: a) contains a river system or source subject to a general adjudication that is on-going; and b) is outside an initial AMA or outside an area where groundwater can be transported to an AMA, and would also specifies that these provisions do not impede or impair either: a) the terms and conditions of a valid contract or settlement agreement; or b) the authority, actions and remedies that are available to a court of competent jurisdiction in a general stream adjudication, rather than leave the current rule unchanged.