Arizona Laws 48-3771. District replenishment obligations; replenishment location; source of replenishment; exception
A. For each active management area in which member lands or member service areas are or may be located, the district shall replenish groundwater in an amount equal to the groundwater replenishment obligation for that active management area. Except as provided in section 48-3781, subsection G, the district shall complete the replenishment of the groundwater replenishment obligation of that active management area applicable to a particular year within three full calendar years after the year that the district incurs the groundwater replenishment obligation. Replenishment of the groundwater replenishment obligation of an active management area applicable to a particular year is complete when the amount of water added to aquifers through water storage that has been credited directly to the district’s conservation district account pursuant to Title 45, Chapter 3.1, plus long-term storage credits that have been transferred from the district’s long-term storage account to its conservation district account pursuant to Title 45, Chapter 3.1, less the groundwater replenishment obligation of member lands and member service areas located in the active management area and applicable to previous years, less the contract replenishment obligations relative to municipal providers in the active management area for previous years and the year of the calculation, equals or exceeds the groundwater replenishment obligation of the active management area for that year.
Terms Used In Arizona Laws 48-3771
- Active management area: means an active management area established under Title 45, Chapter 2, Article 2. See Arizona Laws 48-3701
- Contract: A legal written agreement that becomes binding when signed.
- Credits: means any groundwater in addition to the amount of groundwater that may be used at a member land or delivered within a member service area for use within the member service area pursuant to the applicable assured water supply rules adopted by the department of water resources. See Arizona Laws 48-3701
- District: means a multi-county water conservation district organized under the authority of this chapter. See Arizona Laws 48-3701
- Groundwater replenishment obligation: means , for each active management area in which member lands or member service areas are or may be located, the total of the cumulative parcel replenishment obligation of all parcels of member land in that active management area for a particular calendar year plus the cumulative service area replenishment obligation of all member service areas in that active management area for a particular calendar year. See Arizona Laws 48-3701
- Member land: means any real property that meets the requirements of section 48-3774. See Arizona Laws 48-3701
- Member service area: means the service area of a municipal provider that qualifies as a member service area under section 48-3780, including any additions to or extensions of the service area. See Arizona Laws 48-3701
- Municipal provider: means a city, town or private water company or an irrigation district that supplies water for non-irrigation use. See Arizona Laws 48-3701
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Parcel of member land: means any portion of member land for which the tax assessor for the county in which the member land is located has issued a separate county parcel number. See Arizona Laws 48-3701
- Parcel replenishment obligation: means , with respect to any particular parcel of member land, an amount of groundwater that is equal to the amount of groundwater delivered to the parcel of member land in a calendar year multiplied by the percentage that the excess groundwater of the applicable member land for that year bears to the total amount of groundwater delivered to the applicable member land during that year. See Arizona Laws 48-3701
- Replenish: means to increase the amount of groundwater in an aquifer through water storage pursuant to Title 45, Chapter 3. See Arizona Laws 48-3701
B. With respect to the portion of the groundwater replenishment obligation attributable to a parcel of member land or a member service area, the district shall replenish groundwater in the active management area where the parcel of member land or the member service area is located in an amount equal to the groundwater replenishment obligation applicable to that parcel of member land or that member service area.
C. Except as provided by Title 45, Chapter 3.1, the district may replenish groundwater with central Arizona project water or water from any other lawfully available source except groundwater withdrawn from within an active management area.
D. Notwithstanding any other provision of this chapter, if a parcel of member land is included in the service area of a municipal provider that is not a member service area but that has been designated as having an assured water supply under section 45-576, the parcel of member land has no parcel replenishment obligation and the district has no groundwater replenishment obligation attributable to that parcel of member land for as long as the designation remains in effect.
E. Notwithstanding any other provision of this chapter, if a parcel of member land is included in the service area of a municipal provider that is a member service area and that has been designated as having an assured water supply under section 45-576, the parcel of member land has no further parcel replenishment obligation.