Arizona HB 2263: appropriations; Lake Havasu City; bridge

Bill Text

HB2263 - 572R - I Ver 

 REFERENCE TITLE: Colorado River water; replenishment; restriction

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 2263

 Introduced by 

 Representative 
 Griffin

AN 
ACT

Amending section 45-812.01, Arizona 
Revised Statutes; RELATING to underground water storage.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-812.01, Arizona Revised 
Statutes, is amended to read:

START_STATUTE45-812.01. Groundwater savings facility permit; Colorado River; replenishment

A. A person may apply to the director for a 
groundwater savings facility permit and may operate a groundwater savings 
facility only pursuant to a permit.

B. The director may issue a permit to operate a 
groundwater savings facility if the director determines that all of the 
following apply:

1. Operation of the facility will cause the direct 
reduction or elimination of groundwater withdrawals in an active management 
area or an irrigation non-expansion area by means of delivery of water other 
than groundwater pumped from within that active management area or irrigation 
non-expansion area that the recipient will use in lieu of groundwater that the 
recipient would otherwise have used.

2. The applicant will deliver water other than 
groundwater pumped from within the active management area or irrigation 
non-expansion area in which the groundwater savings facility is located to an 
identified groundwater user who will use and agrees in writing to use the water 
delivered to the facility on a gallon-for-gallon substitute basis 
directly in lieu of groundwater that otherwise would have been pumped from 
within the active management area or irrigation non-expansion area.

3. The in lieu water is the only reasonably 
available source of water for the recipient other than groundwater pumped from 
within the same active management area or irrigation non-expansion area in 
which the groundwater savings facility is located.

4. The water delivered as in lieu water would not 
have been a reasonable alternative source of water for the recipient except 
through the operation of the groundwater savings facility.

5. The water delivered to the recipient as in lieu 
water was not delivered before October 1, 1990.

6. The applicant has submitted a plan satisfactory 
to the director that describes how the applicant will prove the quantity of 
groundwater saved at the facility each year and what evidence will be submitted 
with the applicant's annual report as required by section 45-875.01 to 
prove the groundwater savings. The plan may rely on the following 
factors:

(a) The recipient's cost of pumping groundwater 
relative to the cost of in lieu water and alternative sources of water 
available to the recipient.

(b) The historic quantity of groundwater pumped by 
the recipient at the location of the intended use of the in lieu water.

(c) The recipient's anticipated demand for 
groundwater and anticipated total demand for water, including groundwater.

(d) The recipient's legal right to withdraw or use 
groundwater pursuant to chapter 2 of this title.

(e) The amount of central Arizona project water for 
which the recipient anticipates accepting delivery.

(f) The historic amount of power used to pump 
groundwater at the groundwater savings facility compared to the power used 
during a year in which the recipient received in lieu water.

(g) The factors that prevent the recipient from 
using the water delivered as in lieu water without the operation of the 
groundwater savings facility.

(h) Any other criteria the director may deem to be 
relevant.

C. Notwithstanding any other law, a 
person may only use or convey Colorado river water that is diverted from the 
main stem of the Colorado river for the purposes of replenishment in an active 
management area if the water is delivered to a permitted facility that is owned 
by multi-county water conservation district established pursuant to title 
48, charter 22 or a permitted groundwater savings facility on state lands or 
private land. END_STATUTE