HB 2263

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