Director's Order Creating the Willcox AMA

On Wednesday, October 23, 2024, and following an informational public meeting on September 26, 2024, and a review of a technical memorandum issued by ADWR’s Chief Hydrologist, the Director of the Department of Water Resources issued an Order initiating the proceedings to designate the Willcox Groundwater Basin as a subsequent active management area (AMA) pursuant to A.R.S. § 45-414. On November 22, 2024, a public hearing was held to present factual data in ADWR’s possession as well as to receive public comments and evidence on whether the Director should designate the Willcox Groundwater Basin as a subsequent AMA. 

On December 19, 2024, the Director issued a Findings, Decision and Order to designate the Willcox Groundwater Basin as a subsequent AMA (Designation Order). The Department published a notice of the Designation Order in the Sierra Vista Herald Review on January 1, 2025 and January 8, 2025 and Eastern Arizona Courier on December 25, 2024 and January 1, 2025. The date of designation, as defined in A.R.S. § 45-402, is January 8, 2025.

PROHIBITION ON IRRIGATION OF NEW ACRES IS PERMANENTLY IN EFFECT

Pursuant to A.R.S. § 45-416 irrigation users may irrigate only those acres of land within the Willcox AMA which were legally irrigated at any time during the five years preceding October 23, 2024. “Irrigate” is defined in A.R.S. § 45-402 and means to apply water to two 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.

Below is a list of additional requirements for the Willcox AMA

Application for Certificate of Grandfathered Right

Individuals and entities seeking to claim a grandfathered right must apply for a certificate of grandfathered right no later than fifteen months after the date of the designation of the AMA on January 8, 2025 (by April 8, 2026), in accordance with A.R.S. § 45-476.  A person who fails to apply for a certificate of grandfathered right within an active management area waives and relinquishes any right to withdraw or receive and use groundwater pursuant to a grandfathered right (A.R.S. § 45-477.01).

Mandatory Measuring and Reporting

Within AMAs, with a few narrow exceptions, persons withdrawing groundwater from non-exempt wells (wells having a maximum pump capacity greater than 35 gallons per minute) are required to measure their groundwater withdrawals with a measuring device or method that is approved by ADWR and must report the groundwater withdrawals to ADWR (A.R.S. § 45-406). An approved measuring device must be installed by March 31, 2025.

ADWR has approved the use of devices and measuring methods other than the installation of meters in Arizona Administrative Code R12-15-903.

Persons withdrawing groundwater from exempt wells (wells having a pump with a maximum pump capacity of 35 gallons per minute or less that are used for a non-irrigation use) generally are not required to measure and report the groundwater withdrawals. Each person withdrawing groundwater from a non-exempt well shall file an annual water withdrawal and use report on a form prescribed by the Director no later than March 31 of each calendar year. The first annual report for the Willcox AMA shall be filed on or before March 31, 2026.

More information on establishment proceedings can be found here.

Anyone who would like updates about the Willcox Groundwater Basin can request to be added to an Interested Parties Email List by sending an email to Dennis Troutman, AMA Outreach Coordinator, at [email protected].