Arizona Department of Water Resources Presentation during the Mohave County Town Hall meeting Date: 11/10/2014

Town Hall Meeting Regarding Aquifers in Norhtern Mohave Valley

November 10, 2014

Gerry L Walker

Arizona Department of Water Resources

Other Activities of Import

Groundwater Monitoring

• 10 wells plus two automated monitoring wells that provide real-time data (Hualapai Valley)
• 10 wells plus three transducer sites (Kingman area) ◦ Annually in November, the 2014 sweep will be the first to capture impacts of recent pumping
• Field Services Working to identify new wells to monitor

Work associated with Delineation of sub-basins in the Hualapai Valley basin (upon request)

Procedures for Creating a Subsequent Active Management Area

Creating a Subsequent Active Management Area Option #1: Order of the Director 

1. Director must determine that certain criteria exist in a groundwater basin(s)
   • AMA practices are necessary to preserve the existing supply of groundwater for future needs; or
   • Land subsidence or fissuring is endangering property or potential groundwater storage capacity; or
   • Use of groundwater is resulting in actual or threatened water quality degradation.
2. Director must hold a public hearing
   • To Consider: (1) whether to issue an order declaring the area as an AMA; and (2) the boundaries of the AMA and the boundaries of any sub-basins within the AMA
   • Irrigation of new acres is prohibited pending the final determination after a public hearing.
   • Director must present factual data in support of an AMA.  
   • Any person may submit oral or written evidence for or against AMA. 
   • In making his determination, the Director shall give full consideration to public comment and to 
     recommendations made by local political subdivisions.
3. Director Must Issue findings
   • Director must issue findings and an order within 30 days of hearing. 
   • Notice of the findings and order must be published once each week for two consecutive weeks.
   • Order becomes effective after final publication. 
   • The director’s findings and order are subject to requests for rehearing and to judicial review.  

Creating a Subsequent Active Management Area Option #2: By Petition and Election

1. Petittion
   • Petition forms to be the same as for initiative petitions.
   • Petitioner must comply with A.R.S. §19-111.
   • Requires at least 10% of registered voters within the groundwater basin boundaries.
   • Submitted to Board of Supervisors of the county where the groundwater basin is located.
   • If the groundwater basin is located in more than one county, then the number of registered voters required to sign the petition shall be 10% of the registered voters residing within the boundaries of the groundwater basin within the county in which the plurality of registered voters resides. 
   • Petition submitted to that county’s Board of Supervisors. 
2. Election
   • If enough signatures are submitted, an election must be called by each county in which the groundwater basin is located, and held within 60-90 days.
   • All registered voters living within the groundwater basin may vote.
   • Irrigation of new acres is prohibited after an election is called until the final results of the election are certified.

Procedures for Creating a Subsequent Irrigation Non-Expansion Area

Creating a Subsequent Irrigation Non-Expansion Area Option #1: Initiation by Director’s Decision

1. Director Must Determine that certain criteria exist  in a basin (s) or sub-basin(s)
   • Criteria A. There is insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands in the area at the current rates of withdrawal; 
     and
     
     • Criteria B. The establishment of an AMA is not necessary.
     • Director initiates the creation of an INA and calls for a public hearing
2. Director Holds a Public Hearing 
   • Director must advertise and hold a public hearing to consider: (1) whether to issue an order declaring the area as an INA; and (2) the boundaries of the proposed INA.
   • Beginning on the date of the notice of the initiation of designation procedures, the irrigation of new acres is prohibited pending the final determination after a public hearing.
   • Director must present factual data in support of or in opposition to an INA.
   •  Any person may submit oral or written evidence for or against an INA.  In making his 
     determination, the Director shall give full consideration to public comment and to recommendations made by local political subdivisions.
3. Director Issues Findings
   • Director must issue findings and an order within 30 days of hearing.
   • Notice of the findings and order must be published once each week for two consecutive weeks. 
   • Order becomes effective after final publication.  The order must address both criteria A. and B.
   • The director’s findings and order are subject to requests for rehearing  and to judicial review. 

Creating a Subsequent Irrigation Non-Expansion Area Option #2: Initiation by a Petition

Initiation by a Petition

1. Not < 25 irrigation users of groundwater within the proposed INA, or
   1. Petitions are submitted to the Director. Director verifies signatures.  
   2. Director Holds a Public Hearing
   3. Director Issues Findings 
2. One fourth the irrigation users of groundwater within the proposed INA, or
   1. Petitions are submitted to the Director. Director verifies signatures.  
   2. Director Holds a Public Hearing
   3. Director Issues Findings 
3. Using the petition form from the initiative process, at least 10% of registered voters within the proposed INA if it is located in a single county.
   1. Director sends voter signatures from petition to the appropriate county recorders for verification.
   2. Director Holds a Public Hearing
   3. Director Issues Findings 

Options for Groundwater Regulation:  
Mandatory Regulations- Active Management Area versus Irrigation Non-Expansion Area

For Questions or Additional Information:
Gerry Walker 
glwalker@azwater.gov 
602.771.8511