45-552

45-552. Transportation of groundwater withdrawn
in McMullen valley basin to an active management area;
definitions

A. A city that purchased land before January 1, 1988 in the McMullen valley
groundwater basin or a person who purchased land before January 1, 1988 that was in that
basin and that was in the same county as an adjacent initial active management area,
either directly or in exchange for central Arizona project water allocated for
agricultural purposes, may transport groundwater from that land to an adjacent initial
active management area for use by any city, town, private water company or groundwater
replenishment district. A city, town, private water company or groundwater replenishment
district that purchases any land in the McMullen valley groundwater basin from that city
or land that was in that basin and that was in the same county as an adjacent initial
active management area from that person, either directly or in exchange for central
Arizona project water allocated for agricultural purposes, may transport groundwater from
that land to the adjacent initial active management area only for use by a city, town,
private water company or groundwater replenishment district or the Arizona water banking
authority pursuant to section 45-2491. The amount of groundwater that may be transported
away from the basin shall be determined pursuant to subsection B of this section but
shall not exceed:

1. In any year, two times the annual transportation allotment for the land
determined pursuant to subsection B of this section.

2. For any period of ten consecutive years computed in continuing progressive
series beginning in the year transportation of groundwater from the land begins, ten
times the annual transportation allotment for the land determined pursuant to subsection
B of this section.

3. Six million acre-feet in total.

B. The director shall determine the annual transportation allotment for land that
is subject to this section as follows:

1. Determine each farm or portion of a farm on that land.

2. For each such farm or portion of a farm, determine the historically irrigated
acres.

3. Multiply the sum of those historically irrigated acres for all such farms or
portions of farms by three acre-feet per acre.

C. In an initial active management area, for purposes of determining whether to
issue a certificate of assured water supply or to designate or redesignate a city, town
or private water company as having an assured water supply, pursuant to section 45-576,
based in whole or in part on groundwater transported from the groundwater basin under
this section, the director shall consider only the amount of groundwater that can be
withdrawn in the groundwater basin from a depth to one thousand two hundred feet at the
site or sites of the proposed withdrawals at a rate that, when added to the existing
rates of withdrawal in the area, is not expected to cause the groundwater table at the
site or sites to decline more than an average of ten feet per year during the one hundred
year evaluation period and does not exceed forty per cent of the groundwater that can be
withdrawn in the groundwater basin, less the sum of the following amounts of groundwater
in the groundwater basin:

1. The total amount on which the director has already based certificates or
designations of assured water supply in an initial active management area.

2. The total amount transported to an initial active management area for other
purposes.

D. For the purposes of this section:

1. Land that is owned by a city, town, private water company or groundwater
replenishment district includes land that is owned indirectly through a nonprofit
corporation or other entity that is owned or controlled by the city, town, private water
company or groundwater replenishment district.

2. "Historically irrigated acres" means land overlying an aquifer that was
irrigated with groundwater from that aquifer before January 1, 1988.

3. "Person" means person as defined in section 45-402 and a person who purchased
land before January 1, 1988 includes any successor in interest of that person if the
successor acquires an interest in the land by means of either of the following:

(a) Inheritance, devise or intrafamily gift or conveyance directly or in trust.

(b) The reorganization of a closely held corporation, a partnership or a limited
liability company that is and remains owned by or controlled by or for the benefit of
individuals related to that person.