Arizona SB 1636: subsequent irrigation; non-expansion areas; procedures.

Bill Text

SB1636 - 572R - I Ver 

 REFERENCE TITLE: subsequent irrigation; non-expansion areas; procedures.

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1636

 Introduced by 

 Senator 
 Sundareshan

AN 
ACT

amending sections 45-114, 45-432, 45-433, 
45-434, 45-435 and 45-436, Arizona Revised Statutes; relating to the 
groundwater code.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 
45-114, Arizona Revised Statutes, is amended to read:

START_STATUTE45-114. Administrative 
proceedings; rehearing or review; judicial review

A. Administrative 
proceedings under this title are subject to title 41, chapter 6, article 10, 
except for administrative proceedings under section 45-476.01. If 
an administrative hearing is held before the director's decision, the 
administrative proceeding is a contested case under title 41, chapter 6, 
article 10. If an administrative hearing is not held before the 
director's decision, the director's decision is an appealable agency action 
under title 41, chapter 6, article 10. This subsection does not apply 
to a public hearing conducted under this title or to a decision of the director 
that is entered after a public hearing conducted under this title.

B. Except 
for a decision of the director under section 45-476.01, after service of 
a final decision of the director under this title, a party may file a motion 
for rehearing or review under section 41-1092.09 and may seek judicial 
review under title 12, chapter 7, article 6, except as provided in section 41-1092.08, 
subsection H. This subsection does not apply to a decision of the 
director that is entered after a public hearing conducted under this title.

C. Except for a decision of the director under section 45-436, a decision of the director that is entered after 
a public hearing conducted under this title is subject to rehearing or review 
and judicial review as provided in this subsection. A party is not 
required to file a motion for rehearing or review in order to exhaust 
administrative remedies and may seek judicial review of the director's final 
decision under title 12, chapter 7, article 6 as follows:

1. If 
a party files a motion for rehearing or review, the director's decision is not 
final for the purposes of judicial review until the director denies the motion 
or the director issues a decision after rehearing or review. A party 
shall file a motion for rehearing or review within thirty days after the 
publication or issuance of the director's findings and order as provided in 
sections 45-404, 45-414, 45-436, 45-571 and 45-576.03 or by 
rule. The director shall issue an order either granting or denying the 
motion within sixty days after the filing of the motion. The 
director's decision after rehearing or review is the director's final decision 
for the purposes of judicial review by the party who filed the motion for 
rehearing or review or by any other party.

2. If 
a motion for rehearing or review is not filed by any party, the director's 
decision is final for the purposes of judicial review by any party. END_STATUTE

Sec. 2. Section 
45-432, Arizona Revised Statutes, is amended to read:

START_STATUTE45-432. Subsequent 
irrigation non-expansion areas; designation; review; definition

A. The 
director may designate an area which 
that is not included within an 
active management area as a subsequent irrigation non-expansion area if the 
director determines that both of the following apply:

1. There 
is insufficient groundwater to provide a reasonably safe supply for irrigation 
of the cultivated lands in the area at the current reasonable projected rates of withdrawal. In 
making the determination, the director may consider credible evidence that 
indicates likely future changes to rates of withdrawal. 

2. The 
establishment of an active management area pursuant to section 45-412 is 
not necessary.

B. An 
irrigation non-expansion area established pursuant to this section may include 
more than one groundwater sub-basin 
subbasin but shall not be smaller 
than a groundwater sub-basin 
subbasin or include only a portion 
of a groundwater sub-basin subbasin.

C. For the purposes of this section, 
"reasonably safe supply for irrigation" means a reliable source of 
groundwater for irrigation for one hundred years. END_STATUTE

Sec. 3. Section 
45-433, Arizona Revised Statutes, is amended to read:

START_STATUTE45-433. Local 
initiation for designation; procedures

A. The 
designation of a subsequent irrigation non-expansion area may be 
initiated by the director or by petition to the director signed by either:

1. Not 
less than twenty-five irrigation users of groundwater, or one-fourth of 
the irrigation users of groundwater within the boundaries of the groundwater 
basin or sub-basin subbasin specified in the petition.� 
For the purposes of this paragraph, an irrigation user of groundwater is