LEGISLATION ISSUES

Thu, Feb 07

HB 2310

exempt wells; active management areas  s

 

Existing law – Exempt wells (35 gpm or less) 

§Pre-1983 wells – can pump 56 AF/yr for nonirrigation purposes 

§Post-1983 wells – pumping for nonirrigation uses other than domestic and stock cannot exceed 10 AF/yrsProposed change – As of 2010, pumping from all exempt wells in the AMAs is limited to 4 AF/yr

 

sIssues

§A.R.S. 45-454.L. precluded people making exempt withdrawals in 1980 from obtaining a Type 2 right for the withdrawals

 

§Reducing the allowed exempt withdrawals is a taking of vested real property rights

 

sPeople and entities affected:

§Shared residential well users

§Small dairies

§Small industrial users

§HOA common area watering 

 

sWill it reduce water use or just drive exempt well owners to municipal suppliers?  What is the problem we are trying to solve?

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