Arizona Laws 45-576.02. Replenishment district plans, conservation district plans and water district plans
A. A groundwater replenishment district that is established pursuant to Title 48, Chapter 27 shall submit to the director:
Terms Used In Arizona Laws 45-576.02
- Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
- Conservation district: means a multi-county water conservation district established under Title 48, Chapter 22. See Arizona Laws 45-402
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
- Member land: means real property that qualifies as a member land of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
- Member service area: means the service area of a city, town or private water company that qualifies as a member service area of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- replenishment district: means a district that is established pursuant to Title 48, Chapter 27. See Arizona Laws 45-402
- Safe-yield: means a groundwater management goal which attempts to achieve and thereafter maintain a long-term balance between the annual amount of groundwater withdrawn in an active management area and the annual amount of natural and artificial recharge in the active management area. See Arizona Laws 45-561
- Service area: means :
(a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:
(i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402
- Subbasin: means an area that, as nearly as known facts allow as determined by the director pursuant to this chapter, may be designated so as to enclose a relatively hydrologically distinct body of groundwater within a groundwater basin, which shall be described horizontally by surface description. See Arizona Laws 45-402
- Water district: means an active management area water district that is established under Title 48, Chapter 28 and that has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations as defined and used in Title 48, Chapter 28, Article 7. See Arizona Laws 45-402
1. On or before January 1 of the second calendar year following the year in which the district is established, a preliminary plan describing the activities that the district proposes to undertake during the seventeen calendar years following submittal of the preliminary plan.
2. On or before January 1 of the twelfth calendar year following the year in which the district is established, a long-range plan describing the district’s proposed activities through the first calendar year in which achieving safe-yield is required.
B. The district’s plan shall include:
1. An estimate of the district members’ replenishment obligations that will arise during the planning period.
2. A description of water resources that are expected to be available to the district during the planning period.
3. A description of any facilities and projects to be used for replenishment during the planning period.
4. An analysis of potential groundwater replenishment sites in each groundwater subbasin in the district.
5. A description of the district’s financial capabilities and financial requirements that are necessary to address the district members’ replenishment obligations during the planning period.
6. A description of the district’s current capability to meet the district members’ replenishment obligations for the five calendar years following the calendar year in which the district submits its plan.
7. Any other information that the director may reasonably require.
C. A conservation district that is established pursuant to Title 48, Chapter 22 shall submit to the director the following:
1. On or before June 1, 1994, a plan describing the activities that the conservation district proposes to undertake during the twenty calendar years following submitting the plan. Except as provided in subsection D of this section, the plan shall include the following information for each active management area in which a member land or member service area is or may be located:
(a) An estimate of the conservation district’s current and projected groundwater replenishment obligations, as that term is defined and used in Title 48, Chapter 22, for the twenty calendar years following the submission of the plan.
(b) A description of water resources that are expected to be available to the conservation district for replenishment purposes during the twenty calendar years following the submission of the plan.
(c) A description of any facilities and projects to be used for replenishment purposes during the twenty calendar years following the submission of the plan.
(d) An analysis of potential groundwater replenishment sites in each groundwater subbasin.
(e) A description of the conservation district’s financial capabilities and financial requirements that are necessary to address the conservation district’s groundwater replenishment obligations during the twenty calendar years following the submission of the plan.
(f) A description of the conservation district’s current capability to meet the current and projected groundwater replenishment obligations for the five calendar years following the calendar year in which the conservation district submits the plan.
(g) If a water district has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations pursuant to section 48-4971, subsection A, a description of central Arizona project water that may be available to the water district for replenishment purposes during the twenty calendar years following the submission of the plan.
(h) Any other information that the director may require.
2. On or before January 1, 2005 and within one year before January 1 of every tenth calendar year thereafter, a plan describing the activities for each active management area that the conservation district proposes to undertake during the one hundred calendar years following submitting the plan. Except as provided in subsection D of this section, the plan shall include the following information for each active management area in which a member land or member service area is or may be located:
(a) The conservation district’s groundwater replenishment obligations and the extent to which those obligations have been met in the ten years preceding submittal of the plan.
(b) An estimate of the conservation district’s current and projected groundwater replenishment obligations, as that term is defined and used in Title 48, Chapter 22, for current members for the twenty calendar years following the submission of the plan and an estimate of the district’s projected groundwater replenishment obligations for the one hundred calendar years following the submission of the plan for current members and potential members based on reasonable projections of real property and service areas that could qualify for membership in the ten years following the submission of the plan.
(c) A description of the water resources that the conservation district plans to use for replenishment purposes during the twenty calendar years following submission of the plan and water resources potentially available to the conservation district for groundwater replenishment purposes during the subsequent eighty calendar years.
(d) A description of the district’s current replenishment reserve activities in each active management area for the ten years preceding the current plan and planned replenishment reserve activities for the ensuing ten years to be undertaken pursuant to section 48-3772, subsection E.
(e) A description of any facilities and projects to be used for replenishment and the replenishment capacity available to the conservation district during the twenty calendar years following submission of the plan.
(f) An analysis of potential storage facilities that may be used by the conservation district for replenishment purposes.
(g) A description of the conservation district’s capability to meet the current and projected groundwater replenishment obligations for the twenty calendar years following the calendar year in which the conservation district submits the plan.
(h) Any other information that the director may require.
D. The information required by subsection C, paragraph 1, subdivisions (b) and (f) and paragraph 2, subdivisions (c) and (g) of this section need not be included in a conservation district’s plan if the conservation district demonstrates to the director that it has obtained an allocation of central Arizona project water or other water supplies determined by the director to be consistent with the assured water supply requirements pursuant to section 45-576 in an amount that equals or exceeds the projected groundwater replenishment obligation for the one hundred calendar years following the submission of the plan. If the conservation district demonstrates to the director that it has obtained an allocation of central Arizona project water or other water supplies determined by the director to be consistent with the assured water supply requirements pursuant to section 45-576 in an amount that is less than the projected groundwater replenishment obligation for the one hundred calendar years following the submission of the plan, the information required by subsection C, paragraph 1, subdivisions (b) and (f) and paragraph 2, subdivisions (c) and (g) of this section shall be submitted only for the amount of the obligation in excess of the total amount of the central Arizona project water allocation and other supplies. The director shall quantify the amount of an allocation of central Arizona project water associated with a nondeclining municipal and industrial subcontract on the basis of the amount of the contract. The director shall quantify the amount of an allocation of central Arizona project water associated with a subcontract other than a nondeclining municipal and industrial subcontract on the basis of the reliability of the source.
E. A water district shall submit to the director on or before June 1 of the calendar year following the year in which the water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations under section 48-4971, and on or within one year before each date on which a plan is required to be submitted by the conservation district under subsection C of this section, a plan describing the replenishment activities that the water district proposes to undertake during the twenty calendar years following the submittal of the plan. The plan shall include the following information for the active management area in which the water district is located:
1. An estimate of the water district’s current and projected water district groundwater replenishment obligation, as that term is defined and used in Title 48, Chapter 28, for the twenty calendar years following the submission of the plan.
2. A description of water resources that are expected to be available to the water district for replenishment purposes during the twenty calendar years following the submission of the plan.
3. A description of any facilities and projects to be used for replenishment purposes during the twenty calendar years following the submission of the plan.
4. An analysis of potential groundwater replenishment sites in each groundwater subbasin.
5. A description of the water district’s financial capabilities and financial requirements that are necessary to address the water district groundwater replenishment obligation during the twenty calendar years following the submission of the plan.
6. A description of the water district’s current capability to meet the current and projected water district groundwater replenishment obligation for the five calendar years following the calendar year in which the water district submits the plan.
7. Any other information that the director may require.
F. For each plan submitted by the water district, the water district may incorporate applicable portions of the conservation district’s plan.