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SURFACE WATER ISSUES

SURFACE WATER ISSUES. Herb Guenther, Director ADWR September 11, 2008 . Arizona Water Supply Annual Water Budget. 8.1 maf. 8/08. Consumption. Sources: ADWR, UofA, USGS. 8/08. Water Rights in Arizona. Groundwater Groundwater is not appropriated in Arizona

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SURFACE WATER ISSUES

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  1. SURFACE WATER ISSUES Herb Guenther, DirectorADWRSeptember 11, 2008

  2. Arizona Water SupplyAnnual Water Budget 8.1 maf 8/08

  3. Consumption Sources: ADWR, UofA, USGS 8/08

  4. Water Rights in Arizona Groundwater • Groundwater is not appropriated in Arizona • Any landowner can establish a small well (pumping less than 35 gpm) on his private property [ limitations apply in Active Management Areas (AMAs)] • The land owner has the right to withdraw a reasonable amount of groundwater from his well to use for beneficial purposes (limitations apply in AMAs) • But the landowner does not enjoy an exclusive right to the groundwater

  5. Water Rights in Arizona Surface Water • Appropriated You need to apply to ADWR for a right to use the water • If the proposed use does not conflict with existing rights, pose a menace to public safety or violate the public interest or welfare, ADWR will issue a certificate of water right • Priority of the right to use the water is based on the “Doctrine of Prior Appropriation” …….. first in time, first in right • An appropriated right is an exclusive right • Without an appropriation you can not use or impound surface water

  6. Current Issues Associated with Surface Water • Water Protection Fund • Enforcing Surface Water Laws • Evaluating Surface Water Use • Protecting Flowing Rivers and Riparian Areas

  7. Surface Water Issues • These 4 issues were selected for discussion purposes only with stakeholders • No legislation has been drafted • ADWR needs stakeholder input on the concepts including: • Necessary components • Pros and cons • Complicating factors • Feasibility of implementation

  8. Water Protection Fund • Expand use of Water Protection Fund monies to include: • Grants for purchase or lease of any water (not just CAP or effluent) or water rights that will protect or restore riparian habitats • Grants to qualified entities for acquiring conservation easement • Would require agreement by the Water Protection Fund Board

  9. Enforcing Surface Water Law • Currently ADWR has very limited authority to bring an enforcement action against an entity that makes an illegal diversion or impoundment of surface water. • ADWR would ask for the authority to seek civil penalties in Superior Court of up to $10,000 per violation per day for such offenses. • This would be the same civil penalty authority ADWR has relative to the Groundwater Code, the Bodies of Water (artificial lakes) Statute and the Recharge Statute.

  10. Surface Water Use • Currently ADWR has no idea of the actual amounts of surface water diverted and used for beneficial purposes by entities having surface water rights • ARS 45-203 gives the Director authority to require measuring devices but contains no reporting • ADWR would like to consider amending the statute to require the measurement and reporting of the actual amounts of surface water diverted and used

  11. Rivers and Riparian Areas • Establishing river and riparian protection zones that would limit or prohibit well drilling would be a proactive approach to avoid enforcement actions brought about by the Endangered Species Act, senior appropriators or the Gila and Little Colorado River Adjudication Court. • This would not affect existing wells. • The zones could involve a specific distance from a flowing river and riparian area or a zone determined by hydrologic and physical characteristics.

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