45-554

45-554. Transportation of groundwater withdrawn
in Harquahala irrigation non-expansion area to an initial active
management area

A. A groundwater replenishment district established under title 48, chapter 27 may
lease from an irrigation district located entirely within the Harquahala irrigation
non-expansion area the use of one or more of the wells in the irrigation district to
withdraw the groundwater that can be withdrawn from a depth to one thousand feet, at a
rate that, when added to the existing rates of withdrawal in the area, does not cause the
groundwater table at the site or sites to decline more than ten feet per year, for
transportation to an initial active management area. The lease payments shall be made to
the members of the irrigation district on a pro rata basis, per acre of land that is
eligible to be irrigated under section 45-437, subsection B, minus the irrigation
district's administrative costs. Wells leased under this subsection are exempt from well
spacing requirements under section 45-559.

B. This state or a political subdivision of this state that owns land eligible to
be irrigated under section 45-437, subsection B in the Harquahala irrigation
non-expansion area may withdraw groundwater from the land for transportation to an
initial active management area for its own use or use by the Arizona water banking
authority pursuant to section 45-2491 only:

1. If the groundwater is withdrawn:

(a) From a depth to one thousand feet at the site or sites of the proposed
withdrawals.

(b) At a rate that, when added to the existing rate of withdrawals in the area,
does not cause the groundwater table at the site or sites of the withdrawals to decline
more than an average of ten feet per year during the one hundred year evaluation period.

2. In an amount either:

(a) Per acre of the eligible land, not to exceed:

(i) Six acre-feet in any year.

(ii) Thirty acre-feet for any period of ten consecutive years computed in
continuing progressive series beginning in the year transportation of groundwater from
the land begins.

(b) Established by the director, but only if the director determines that
withdrawals in an amount greater than that permitted by subdivision (a) of this paragraph
will not unreasonably increase damage to residents of surrounding land and other water
users in the irrigation non-expansion area, or that one or more of the entities
withdrawing the groundwater will mitigate the damage to the residents and other water
users.

C. If this state or one or more political subdivisions of this state own eighty per
cent or more of the land that is eligible to be irrigated under section 45-437,
subsection B in the irrigation non-expansion area, each of the entities may withdraw
groundwater from the eligible land it owns for transportation to an initial active
management area:

1. From a depth to one thousand feet at the site or sites of withdrawals.

2. From a depth between one thousand and one thousand two hundred feet at the site
or sites of the withdrawals only if the director determines either that the withdrawals
will not unreasonably increase damage to residents of surrounding land or that one or
more of the entities withdrawing the groundwater will mitigate the damage to the
residents.