Arizona Laws 48-4972. Groundwater replenishment obligation; replenishment location; source of replenishment; exception
A. The district shall replenish groundwater in an amount equal to the water district groundwater replenishment obligation. The district shall complete the replenishment of the water district groundwater replenishment obligation applicable to a particular year within three full calendar years following the year that the district incurs the water district groundwater replenishment obligation. Replenishment of the water district groundwater replenishment obligation applicable to a particular year is complete when the amount of water added to aquifers through water storage that has been credited directly to the district’s water district account pursuant to Title 45, Chapter 3.1, plus long-term storage credits that are transferred from the district’s long-term storage account to its water district account pursuant to Title 45, Chapter 3.1, less the water district groundwater replenishment obligations of water district member lands and water district member service areas and applicable to previous years, less the contract replenishment obligations relative to municipal providers for previous years and for the year of the calculation, equals or exceeds the water district groundwater replenishment obligation for that year.
Terms Used In Arizona Laws 48-4972
- Active management area: means an active management area established under Title 45, Chapter 2. See Arizona Laws 48-4801
- Contract: A legal written agreement that becomes binding when signed.
- Credits: means any groundwater in addition to the amount of groundwater that may be used at a water district member land or delivered within a water district member service area for use within the water district member service area pursuant to the applicable assured water supply rules adopted by the department of water resources. See Arizona Laws 48-4801
- District: means an active management area water district established under this chapter. See Arizona Laws 48-4801
- Municipal provider: means a city, town or private water company. See Arizona Laws 48-4801
- 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.
- Parcel of water district member land: means any portion of water district member land for which the county assessor for the county in which the water district member land is located has issued a separate tax parcel number. See Arizona Laws 48-4801
- Project: means a facility necessary or convenient to obtain, divert, withdraw, transport, exchange, deliver, treat or store water, including rights-of-way, real and personal property, interests in property and improvements to property that are necessary or appropriate to maintain and operate the facilities. See Arizona Laws 48-4801
- Replenish: means to increase the amount of groundwater in an aquifer through water storage pursuant to Title 45, Chapter 3. See Arizona Laws 48-4801
- Water district groundwater replenishment obligation: means , for the active management area in which water district member lands or water district member service areas are or may be located, the total of the cumulative water district parcel replenishment obligation of all parcels of water district member land in that active management area for a particular calendar year plus the cumulative water district service area replenishment obligation of all water district member service areas in that active management area for a particular calendar year. See Arizona Laws 48-4801
- Water district member land: means any real property that meets the requirements of section 48-4975. See Arizona Laws 48-4801
- Water district member service area: means the service area of a municipal provider that is located in the active management area in which the district is located and that qualifies as a water district member service area under section 48-4981, including any additions to or extensions of the service area. See Arizona Laws 48-4801
- Water district parcel replenishment obligation: means , with respect to any particular parcel of water district member land, an amount of groundwater equal to the amount of groundwater delivered to the parcel of water district member land in a calendar year, multiplied by the percentage that the excess groundwater of the applicable water district member land for that year bears to the total amount of groundwater delivered to the applicable water district member land during that year. See Arizona Laws 48-4801
B. The district shall replenish groundwater pursuant to this article in the active management area where the district is located.
C. Except as provided by Title 45, Chapter 3.1, the district may replenish groundwater with central Arizona project water or water from any other lawfully available source except groundwater withdrawn from within an active management area.
D. Notwithstanding any other provision of this chapter, if a parcel of water district member land is included in the service area of a municipal provider that is not a water district member service area but that has been designated as having an assured water supply under section 45-576, the parcel of water district member land has no water district parcel replenishment obligation and the district has no water district groundwater replenishment obligation attributable to that parcel of water district member land for as long as the designation remains in effect.