45-555.01. Transportation of groundwater withdrawn in upper San Pedro groundwater basin to Douglas active management area

467 words·~2 min read·/az/title-45/45-555-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An owner of a well that is located in the upper San Pedro groundwater basin may annually withdraw groundwater from the upper San Pedro groundwater basin for transportation to the Douglas active management area in an amount determined pursuant to this section if all of the following apply:

1. The owner of the well or the owner's predecessor in interest withdrew groundwater from the upper San Pedro groundwater basin for transportation to the Douglas active management area on or before December 1, 2022.

2. The groundwater is transported to the Douglas active management area for the same purposes for which the groundwater was transported from the upper San Pedro groundwater basin to the Douglas groundwater basin before December 1, 2022.

3. If the owner of the well is a private water company, the private water company, as of September 14, 2024, has a certificate of convenience and necessity issued by the corporation commission to provide water service for a municipal purpose within the Douglas active management area.

B. The total amount of groundwater that an owner of a well that meets the requirements prescribed in subsection A of this section may annually transport from the upper San Pedro groundwater basin to the Douglas active management area may not exceed the highest annual amount of groundwater that the owner of the well withdrew from the upper San Pedro groundwater basin for transportation to the Douglas groundwater basin in any of the preceding ten years before December 1, 2022.

C. Within thirty days after September 14, 2024 or thirty days before the effective date of groundwater withdrawal, whichever is later, a well owner that wishes to transport groundwater from the upper San Pedro groundwater basin to the Douglas groundwater basin shall submit to the director:

1. Evidence that the well owner withdrew groundwater from the upper San Pedro groundwater basin for transportation to the Douglas groundwater basin on or before December 1, 2022.

2. Evidence of the purposes for which the well owner transported groundwater from the upper San Pedro groundwater basin to the Douglas groundwater basin on or before December 1, 2022.

3. Evidence of the purposes for which the well owner has transported or plans to transport groundwater from the upper San Pedro groundwater basin to the Douglas groundwater basin after December 1, 2022.

4. If the owner is a private water company, evidence that the private water company had a certificate of convenience and necessity issued by the corporation commission to provide water service for a municipal purpose within the Douglas active management area as of September 14, 2024.

5. The total annual amount of groundwater that the owner withdrew from the upper San Pedro groundwater basin for transportation to the Douglas groundwater basin in each of the preceding ten years before December 1, 2022.