Arizona HB 2097: pension funding policies; employers

Bill Text

HB2097 - 572R - H Ver 

 House Engrossed

 irrigation 
 non-expansion areas; withdrawal; maximum

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HOUSE BILL 2097

AN 
ACT

amending section 45-437, Arizona 
Revised Statutes; amending title 45, chapter 2, article 3, Arizona Revised 
Statutes, by adding section 45-437.04; RELATING to irrigation non-expansion 
areas.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 45-437, Arizona Revised 
Statutes, is amended to read:

START_STATUTE45-437. Irrigated acreage; limit on groundwater withdrawal; water 
measuring device; annual report of groundwater pumping; penalty; 
transportation; exemption

A. In an initial irrigation non-expansion area 
established pursuant to section 45-431, except as provided in subsection E f of this section 
and section 45-437.04, only acres of land which That were legally irrigated at any time between January 1, 
1975 and January 1, 1980 may be irrigated with groundwater, effluent, diffused 
water on the surface or surface water, except as provided in sections 45-172, 
45-437.01, 45-437.02 and 45-437.03, and except that this does 
not prohibit irrigation with surface water used pursuant to decreed or 
appropriative rights established before June 12, 1980.� for 
acres of land that are legally irrigated with groundwater from a non-exempt 
well, a person may not withdraw more than six acre-feet of groundwater 
per acre of legally irrigated land in any one calendar year. The director may 
assess and collect a penalty of $150 from Any person that WITHDRAWS more than 
six acre-feet of groundwater per acre of legally irrigated land from a 
non-exempt well in any calendar year. Land which That was not irrigated at any time 
from January 1, 1975 through January 1, 1980 is deemed to have been in 
irrigation if the director finds that substantial capital investment has been 
made in the twelve months before June 12, 1980 for the improvement of the land 
and on-site irrigation distribution facilities, including the drilling of 
wells, for an irrigation use. This subsection does not allow 
irrigation of land which That could 
not have been legally irrigated under prior statutory law.

B. In a subsequent irrigation non-expansion area established pursuant to section 45-432, except as provided 
in subsection E f of this 
section, only acres of land which That 
were irrigated with groundwater at any time during the 
five years preceding the date of the notice of the initiation of designation 
procedures may be irrigated with groundwater, effluent, 
diffused water on the surface or surface water, except as provided in sections 
45-172, 45-437.01, 45-437.02 and 45-437.03, and except 
that this does not prohibit irrigation with surface water used pursuant to 
decreed or appropriative rights established before the date of the notice. 
�for acres of land that are legally irrigated with groundwater 
from a non-exempt well, a person may not withdraw more than six acre-feet 
of groundwater per acre of legally irrigated land in any one calendar 
year. The director may assess and collect a penalty of $150 from Any 
person that WITHDRAWS more than six acre-feet of groundwater per acre of 
legally irrigated land from a non-exempt well in any calendar year. Land 
which that was not irrigated at any 
time during this five year five-year 
period is deemed to have been in irrigation if the director finds that 
substantial capital investment has been made for the subjugation of such land 
for an irrigation use including on-site irrigation distribution facilities and 
a well or wells the drilling and construction of which that were substantially commenced before the date of the 
notice of the initiation of designation procedures.

C. Except as provided in subsection F g of this section, in an initial 
irrigation non-expansion area:

1. Each person withdrawing groundwater from a 
non-exempt well for an irrigation use and each person withdrawing more than ten 
acre-feet of groundwater per year from a non-exempt well for a non-irrigation 
use shall use a water measuring device approved by the 
director. Each person withdrawing groundwater from a non-exempt well 
shall file a report on a calendar year basis with the director on a form 
provided by the director no not later 
than March 31 of the following year. In filing a report, each person 
withdrawing ten or fewer acre-feet of groundwater per year from a non-exempt 
well for a non-irrigation use shall estimate the quantity of groundwater 
withdrawn.

2. Transportations of groundwater are subject to the 
provisions of articles 8 and 8.1 of this chapter.

D. except as provided in subsection h 
of this section, in a subsequent irrigation non-expansion area, Each person 
withdrawing groundwater from a non-exempt well for an irrigation use and each 
person withdrawing more than ten acre-feet of groundwater