INA Workshop Slideshow Date: 6/7/2023

Hualapai Valley Irrigation Non-Expansion Area Information Session & Application Works

Definitions

• Irrigation: The application of water to two or more acres of land to produce plants or parts of plants for sale or consumption.
• Exempt well: a well with a pump capacity of 35 gpm or less, which is used to withdraw groundwater for non-irrigation purposes. An exempt well may not exceed 10 AF/year for non-irrigation purposes other than domestic use and stock watering.
•  Acre-foot (AF): A unit of volume that is equal to the amount of water that would be required to fill one acre of land one foot deep. Equivalent to 325,851 gallons.

Groundwater Management Act (1980)

• Created the Arizona Department of Water Resources
• Imposes certain regulations statewide, but most regulations are limited to areas designated as “irrigation non-expansion areas” and “active management areas”
• Authorizes establishment of new AMAS or INAs by designation of the Director or by local initiation

Regulatory Structure

Hualapai Valley Irrigation Non-Expansion Area

• Second subsequent INA
  • Consideration of the INA was in response to requests by Mohave County
  • Established by the Director on December 19, 2022
• Located entirely in Mohave County

Subsequent INAs - Establishment

• Prohibition on the irrigation of acreage not historically irrigated
• Requirement for measurement of withdrawals from non-exempt wells
• Requirement to obtain an irrigation authorities
• Annual water use reports

Requirements in an INA: No expansion of irrigated acres

• In an INA, only lands that were legally irrigated during the five years prior to the initiation of proceedings to designate a subsequent INA may be irrigated.
• “Irrigation” is defined as the application of 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 (A.R.S. § 45-402(18)).
• Only lands that were irrigated between October 12, 2017 – October 12, 2022 may continue to be irrigated.
  • Exceptions:
    • Acres of land that were not irrigated during this time period may be irrigated with a decreed or appropriative (surface water) right established before October 12, 2022.
    • Acres of land not irrigated during this time period may be deemed to “have been irrigated” if a substantial capital investment (SCI) has been made to bring the land into irrigation between October 12, 2017 – October 12, 2022.
• The prohibition on expanding irrigated acreage is permanent.

Substantial Capital Investment (SCI) A.R.S. § 45-452(G)

Because the inquiry is very fact-specific, ADWR cannot make SCI findings or provide SCI interpretations for individual cases prior to application.

• Property owners who believe they qualify for consideration of SCI may apply to ADWR, and ADWR will evaluate each application on a case-by case basis.
• Acres of land may be deemed to have been in irrigation if SCI was made between October 12, 2017 – October 12, 2022 “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 were substantially commenced” prior to October 12, 2022.

Requirements in an INA: Mandatory Measuring and Reporting

• In an INA, non-exempt wells must have a water measuring device.
  • A non-exempt well is a well that meets any of the following criteria:
    • Has a pump with a maximum capacity of greater than 35 gpm, OR
    • Is used to irrigate two or more acres of land, OR
    • Withdraws more than 10 acre-feet annually for a non-irrigation use
  • ADWR has approved the use of devices and measuring methods other than the installation of meters (A.A.C. R12-15-903).
• In an INA, each person withdrawing groundwater from a non-exempt well must file an annual water use report with ADWR by March 31 of each year.

These requirements do NOT apply to exempt wells. 

Requirement in an INA: Irrigation Authority

• Anyone claiming a right to irrigate land in the HVINA must obtain an irrigation authority. 
  • “Irrigation” is defined as the application of 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 (A.R.S. § 45-402(18)).
• Anyone irrigating land in an INA without an irrigation authority may be subject to enforcement action and civil penalties.
• Each issued irrigation authority provides the water user with a right number (60-xxxxxx.xxxx) used for annual water use reports and other documentation processes. 

Application Fees

Initial Application Fee: $1000

• Initial fee is a deposit on an hourly rate of $118/hour.
• Time spent analyzing and processing an application is billed against this deposit, with a refund or bill issued accordingly when processing is complete.
  • Maximum billable amount: $10,000

Reference: A.A.C. R12-15-103

Expedited Rulemaking to Reduce Fees

• On May 5, 2023, ADWR submitted notice of an expedited rulemaking to reduce fees related to irrigation authorities to a flat fee of $75 per application.
• Rule change will NOT take effect until approved by the Governor’s Regulatory Review Council (“GRRC”).
• Rule change will provide for refund of any fees paid under current rule when the new fee rule takes effect.

Additional information can be found at https://new.azwater.gov/laws-rules-policies

Procedure to Establish an Irrigation Authority

• Submission of application and documentation
• ADWR verification of data and (upon approval) issuance of Irrigation Authority number (60-)
  • Authority number is used for reporting/documentation purposes

Applications can be found at https://new.azwater.gov/ama/hualapai-valley-ina

Application Requirements 

• Description of each parcel of land
• Deed
• Map of land, including indication of fields previously irrigated and/or areas being claimed as SCI
• Number of acres irrigated each year
• Well registration numbers (55-) for any wells used for irrigation
• If applicable, proof of substantial capital investment (SCI). 
  • Any SCI must have occurred between October 12, 2017 – October 12, 2022.

Application Process 

• Applications can be submitted to earp@azwater.govor mailed to 1802 W. Jackson St. Box 79, Phoenix, AZ 85007
• After an application and payment are submitted, ADWR will verify historical irrigation using available data sources such as satellite imagery and may also conduct site inspections. 
  • ADWR will also examine claims of an SCI, if applicable. 
• A determination will be made for each property claimed to have been historically irrigated or claimed under an SCI. Each owner will be notified of his/her verified acreage.
• Applications will be evaluated on an ongoing basis. There is no deadline for submitting your application, but a right number (60-) is required to submit an annual report. 
  • The first annual reports for water users in the HVINA are due March 31, 2024.

Application Assistance: Virtual Office Hours

• If you have future questions or need assistance, ADWR staff are available via online office hours Tuesdays from 3:00 to 4:00 PM
  • Additional virtual support may be available by appointment.
• A computer is available for use for application purposes at the Mohave County Library in Kingman for those without reliable internet access. 
• Information on how to access these office hours is available at
  https://new.azwater.gov/meetings

Questions & Application Support

AMA Customer Service:
602-771-4646
earp@azwater.gov

Application Office Hours:
Tuesdays from 3-4pm or by appointment
https://new.azwater.gov/meetings

Annual Reports 

• “Each person withdrawing groundwater from a non-exempt well shall file a report on a calendar year basis with director… no later than March 31 of the following year. ARS 45-437 (C) (1) Those owners of non- exempt wells that pump fewer than 10 acre-feet per year for non-irrigation uses, and thus do not require meters, must also file annual reports, but may estimate their usage. As with metering, there is an exemption from reporting requirements for withdrawals which are both (1) used only to irrigate 10 or fewer contiguous acres of land at the place of use and (2) not used on land that is part of an integrated farming operation.
• First annual report is due March 31, 2024