HVGB INA Public Comment Slideshow Date: 9/20/2022

PUBLIC MEETING TO RECEIVE COMMENTS REGARDING WHETHER THE DIRECTOR OF THE ARIZONA DEPARTMENT OF WATER RESOURCES SHOULD INITIATE PROCEDURES TO DESIGNATE THE HUALAPAI VALLEY GROUNDWATER BASIN AS AN IRRIGATION NONEXPANSION-AREA.

Mohave County Administration
700 W. Beale Street
Kingman, Arizona 86401
September 20, 2022

June 23, 2022 Letter from Mohave County

• On June 23, 2022, the Mohave County Board of Supervisors requested that the ADWR Director take “whatever actions available and necessary to designate the Hualapai Valley Groundwater Basin as a subsequent INA”.
• The Board of Supervisors cited to updated USGS modeling and ongoing and extreme drought conditions as part of the bases for the request.
• By letter dated June 24, 2022, the Director indicated that ADWR would review updated modeling and other relevant information, including current and projected drought conditions and receive public comments on whether to initiate designation procedures.

Overview of Irrigation Non-Expansion Areas
John Riggins, Statewide Planning Manager; Arizona Department of Water Resources

What is an Irrigation Non-Expansion Area (“INA”)?

An INA is a groundwater basin or sub-basin outside of an active management area (“AMA”) where: 

• Irrigation of new lands is prohibited
• Measuring and reporting are required for most large wells

NAs Created by Statute – Joseph City INA and Douglas INA

The 1980 Groundwater Management Act created two Irrigation Non-Expansion Areas:

• Joseph City INA in Navajo County
• Douglas INA in Cochise County

Subsequent INAs

A.R.S. § 45-432 – Authorizes the Director of ADWR to designate a groundwater basin or one or more sub-basins as a subsequent INA if the Director determines that both of the following apply:

There is insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands at current rates of withdrawal.

Establishment of an AMA is not necessary. Information related to the designation of an AMA:
1. Active management practices are necessary to preserve the existing supply of groundwater for future needs.
2. Land subsidence or fissuring is endangering property or potential groundwater storage capacity.
3. Use of groundwater is resulting in actual or threatened water quality degradation. 

Initiation of Procedures to Designate INA

Today’s meeting is NOT an initiation of procedures. It is a meeting to receive comments on whether the Director should initiate procedures

If procedures to designate an INA are initiated:

• Beginning on the date the Director gives notice of the initiation of the designation procedures, only lands that were irrigated at any time during the five years prior to the notice may be irrigated.
• This prohibition on irrigating new lands remains in effect until the Director makes a final determination on whether to designate the area as an INA.
• If the Director decides to designate the area as an INA, the prohibition on irrigating new acres becomes permanent.

Public Hearing

If designation procedures are initiated, the Director must hold a public hearing to consider whether to designate the area as an INA.

The Director must publish notice of the public hearing in a newspaper of general circulation within the county or counties in which the proposed INA is located.

At the hearing, the Director must present factual data in the Director’s possession in support of or in opposition to the INA.

Any person may submit evidence for or against the INA.

REMINDER: TODAY’S MEETING IS NOT A PUBLIC HEARING

Director’s Decision 

The Director must issue written findings within 30 days after the public hearing.

• If the Director finds that an INA should be created, the Director must issue an order designating 
  the INA.
• The Director’s findings and order must be published in a newspaper of general circulation in each county where the proposed INA is located once a week for two consecutive weeks
• The Director’s order is effective when published for the second time
• The findings and order are subject to requests for review or rehearing and actions for judicial review. Any motion for review or rehearing must be made within 30 days of the second publication of the Director’s order and the Director may grant or deny the motion within 60 days thereafter.

Requirements in an INA - Irrigation of New Lands Prohibited

In an INA, only lands irrigated during the five years preceding the establishment of the INA (or the notice of initiation of proceedings to designate a subsequent INA by the Director) may be irrigated with any water.

“Irrigate” is defined as applying water to 2 or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry.

Two Exceptions:
• Previously established surface water rights.
• “Substantial capital investment.” This is a case-by-case analysis.

Requirements in an INA - Mandatory Measuring and Reporting

In an INA, the following wells must have a water measuring device:

• A non-exempt well (a well with a pump that has a maximum capacity of more than 35 gpm) withdrawing groundwater for an irrigation use.
• A non-exempt well withdrawing more than 10 acre-feet of groundwater per year for a non-
  irrigation use.

In an INA, each person withdrawing groundwater from a non-exempt well must file an annual water use report with ADWR.  

ADWR has approved the use of devices and measuring methods other than the installation of meters.

These requirements do NOT apply to "exempt wells" - wells with a pump with maximum capacity of 35 gpm or less, for non-irrigation use.

OVERVIEW OF HYDROLOGY IN THE HUALAPAI VALLEY GROUNDWATER BASIN

Emily LoDolce,  Groundwater Modeling Section Manager; Arizona Department of Water Resources

Modeling Efforts to Date

USGS Preliminary Model, 2013

• https://pubs.usgs.gov/sir/2013/5122/pdf/sir2013-5122.pdf
• Framework for future modeling
• Grid & water budget

Matrix New World Engineering, 2019

• https://new.azwater.gov/hydrology/e-library/2019-northwest-basins-groundwater-resource-assessment
• Pursuant to legislation
• First estimates of ag growth

USGS Model, 2021

• https://pubs.usgs.gov/sir/2021/5077/sir20215077.pdf
• Refined estimates of ag growth

Summary of Hydrology

• At current rates of withdrawal, depth to groundwater will increase
  • Greatest change seen in DTW below 750 ft – this area doubles in size in 100 years
  • Depth to water exceeds 1,200 ft after 100 years between Kingman Airport and Peacock Mountains
• After 100 years of pumping at current levels, 17% of existing agricultural wells will be located in areas where the depth to water exceeds 750 ft
• For the basin as a whole, outflows are currently exceeding inflows by a factor of 4
  • ~12,000 AFY of inflow to the aquifer
  • ~45,000 AFY of outflow from the aquifer

Public Comment Guidelines

• Persons presenting comments, whether in person or virtually, will be subject to a three-minute time limit to ensure all who wish to speak receive an opportunity to do so.
• If you have not already done so, and wish to speak, please fill out a speaker card (virtual or physical) and return it to Sharon. 
• Public comments not presented today can be sent to Sharon Scantlebury by 5:00pm on September 30, 2022. 

Next Steps

• Information related to today’s meeting will be posted on ADWR’s website here: 
  https://new.azwater.gov/hualapai-valley-ina-request
• As a reminder, public comments not presented today should be submitted by 5:00pm on September 30, 2022, and should be sent to:
  • The Arizona Department of Water Resources 
    Attn: Sharon Scantlebury
    1110 West Washington, Suite 310 
    Phoenix, Arizona 85007
    sscantlebury@azwater.gov 
    Fax: 602-771-8686