Director's Order Initiating Proceedings and Order for Hearing

On Wednesday, October 23, 2024, 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). A hearing will be held on Friday, November 22, 2024 where the Department will receive comments and evidence as well as present factual data in its possession on whether the Director should designate the Willcox Groundwater Basin as a subsequent AMA. The area to be included in the proposed AMA can be found in the map at the bottom of this page. Additional meeting details can be found below and on ADWR's public meeting calendar.

EFFECTIVE OCTOBER 23, 2024 – Pursuant to A.R.S. § 45-416, irrigation users may irrigate only those acres of land within the Proposed AMA which were irrigated at any time during the five years preceding the date of this notice (October 23, 2024). This limitation on the acres which may be irrigated shall continue in effect until the Director makes a final determination on the Proposed AMA. “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.

 
PUBLIC HEARING ON THE DESIGNATION OF THE PROPOSED AMA

At the public hearing, the Department of Water Resources will present factual data in support of the Proposed AMA and receive comments and evidence as to whether the Director should designate the Proposed AMA as an active management area. The hearing will be held at the following time and place:

In person:
Friday, November 22, 2024, beginning at 1:00 P.M.
Willcox Community Center
312 W. Stewart Street
Willcox, Arizona 85643

Virtually:
https://adwr.info/WCXPM 

Any person may appear at the hearing, either in person or by representative, and submit oral or written comments and/or evidence for or against the Proposed AMA. Written comments not submitted at the hearing described above must be received no later than 5:00 P.M. on November 22, 2024 by mail or hand-delivery. Electronic or faxed submissions must be submitted prior to midnight on November 22, 2024 to:

Sharon Scantlebury
Docket Supervisor
Arizona Department of Water Resources
1110 W. Washington, Suite 310
Phoenix, AZ 85007
(602) 771-8686 (fax)
[email protected] 

Collection of comments received during formal initiation proceedings
 


Public Meetings

*Willcox information meeting update: Due to technical issues resulting in poor recording quality, the presentations from the Sept. 26 public meeting in Willcox have been re-recorded and now are available for viewing here.

 

Frequently Asked Questions/Questions Received by the Public

Process

What does the “Notice of Initiation of Designation Procedures” mean? 

This notice commences the legal process that ADWR must follow to consider whether to designate the Willcox Groundwater Basin as a subsequent AMA. As a part of that legal process, ADWR is accepting comments and will hold a public hearing at 1:00 p.m. on November 22, 2024, at the Willcox Community Center. Information on the hearing, including webinar information, is available on ADWR’s website.  
Written comments not submitted at the hearing described above must be received no later than 5:00 P.M. on November 22, 2024, by mail or hand-delivery. Electronic or faxed submissions must be submitted prior to midnight on November 22, 2024. 
  
Sharon Scantlebury 
Docket Supervisor 
Arizona Department of Water Resources 
1110 W. Washington, Suite 310 
Phoenix, AZ 85007 
(602) 771-8686 (fax) 
[email protected] 
 
This notice also puts into place a temporary limitation on the expansion of irrigated acres: only acres that were irrigated between October 23, 2019, and October 23, 2024, may be irrigated going forward. This limitation remains in effect until ADWR makes a decision on whether to create an AMA. The limitation will remain in effect permanently if an AMA is established, but the limitation will be lifted if an AMA is not established. 

What can we do as citizens? How do we stay informed or participate in the process?

ADWR initiated a formal process to consider creating an AMA in the Willcox Groundwater Basin that includes opportunities for public participation:  

  • Anyone interested may attend the public hearing at 1:00 p.m. on November 22 at the Willcox Community Center. Hearing details and webinar information can be found at on ADWR’s website (https://www.azwater.gov/find-info-on/how-do-i/willcox-groundwater-basin). 
  • There is a public comment period in addition to this hearing, and anyone can submit comments at the hearing or in writing.  Written comments not submitted at the hearing described above must be received no later than 5:00 P.M. on November 22, 2024, by mail or hand-delivery. Electronic or faxed submissions must be submitted prior to midnight on November 22, 2024. 

  
Sharon Scantlebury 
Docket Supervisor 
Arizona Department of Water Resources 
1110 W. Washington, Suite 310 
Phoenix, AZ 85007 
(602) 771-8686 (fax) 
[email protected] 
 
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].

What is the process to obtain a groundwater right in an AMA? Is there consideration of substantial capital investment?

 If an AMA is established in the Willcox groundwater basin:  

  1. Anyone using water from a well with a maximum pump capacity of 35 gallons per minute (gpm) or less may not need a groundwater right. Please contact AMA Customer Service for more information at 602-771-8585 or [email protected]
  2. Those using water from non-exempt wells (defined as greater than 35 gpm, OR irrigating 2 or more acres, OR using more than 10 AF for non-irrigation purposes) must submit an application for a grandfathered groundwater right within 15 months after the establishment of the AMA (A.R.S. § 45-476). NOTE: An applicant would be able to request consideration of substantial capital investment (SCI) that was made between October 23, 2019. and October 23, 2024, related to bringing land into irrigation (A.R.S. § 45-452(G)). These requests are considered on a case-by-case basis. 
  3. After the application deadline, ADWR would publish a registry of all applications received, and anyone in the basin would have 180 days to file any written objections (A.R.S. § 45-479). 
  4. ADWR would begin issuing grandfathered rights after the objection period ended.  

Wells

How can I report a dry well? Can I report dry wells retroactively?

Dry wells can be reported through ADWR’s Dry Well Portal. If you are reporting a well that went dry in the past, it would be helpful to include information on when that well went dry. 

Will the dry well report be made public in map form? How can I view information about dry wells? 

There are not currently plans to publish data from the Dry Wells Portal as a map, but information regarding dry wells observed by ADWR’s Field Services staff was presented at the September 26 Informational Meeting and can be found on slide 24.

Water Management & AMA Requirements

How might an AMA help sustain water supplies in the basin? 

Very generally, the main tools available to manage groundwater in an AMA are increasing recharge, reducing pumping through conservation, and encouraging the use of alternative supplies like effluent. More specifically, part of the establishment of an AMA is to lay out detailed strategies on how those general tools might be applied in a given basin, including developing a management goal and specific customized conservation programs created with local stakeholder input. Substantial customization is possible in that process; for this reason, ADWR will not speculate on what tools might be developed or utilized in a given basin. 

What would the impact of an INA be on the rate of decline of groundwater? What would the impact of an AMA be?

ADWR has not done specific modeling to simulate the impact of an INA or AMA. However, an INA allows existing irrigation to continue without limits on the volumes used and has no limits on other uses, so pumping could reasonably be expected to continue at current rates or increase. Under an AMA, specific conservation programs would be developed to reduce pumping over time, so groundwater decline could be expected to slow over time.  

Can AMA regulations exclude or stop existing water users from pumping groundwater?

ADWR does not have authority to exclude or stop specific existing users from pumping groundwater entirely.  Under the Groundwater Code, most existing water uses are grandfathered in and allowed to continue water use when a new AMA is created. These water uses are subject to mandatory conservation requirements designed to reduce withdrawals of groundwater, which are developed in collaboration with local stakeholders.  

Hydrology

Will groundwater recharge efforts make any difference?

Increasing recharge is one of the primary ways to reverse the water budget imbalance and improve the water level elevations across the basin. The potential impact of recharge would depend on the volume of water available to recharge and the recharge location.  

Is there a way to predict where future fissures will occur? 

Unfortunately, it’s very difficult to predict when subsidence will cause an earth fissure to form. Earth fissures occur where there is land subsidence and subsurface bedrock ledges or ridges. The bedrock ledges or ridges within a subsidence feature cause deferential subsidence, which applies lateral stress to the formation material. The lateral stress creates hairline cracks in the soil that are later eroded into large subsurface voids.

How does the information published in the 2023 Supply & Demand Report on the Willcox Basin  compare to the hydrologic information presented at the 9/26 meeting?

The hydrologic data presented at the September 26 meeting included water level data collected by ADWR at specific well sites, as well as information about land subsidence and fissures, and analysis of that data to show trends in water level declines, subsidence, and fissuring. The 2023 Supply & Demand Report analyzes available information to estimate the water demands by sector and overall water supplies available within the basin.

What are the major water uses in the Willcox Basin, and what is the total estimated water use? Can water level declines be attributed to specific users? 

ADWR cannot quantify or attribute general water level declines to specific water users but can make estimates of water use by sector. The 2023 Supply & Demand Report for the Willcox basin estimated the following sector water uses for the 2022 calendar year: 

  • Agricultural: 155,805 AF 
  • Industrial: 11,268 AF 
  • Municipal: 910 AF
What is groundwater overdraft and how much is occurring in the Willcox Basin? 

Groundwater overdraft occurs when more water is extracted from an aquifer than is recharged, resulting in declining water levels and loss of storage. The estimated overdraft in the Willcox Basin is 3.5 times more water going out than coming in, based on data from the USGS and the 2018 Willcox groundwater model. ADWR estimates 70,000 acre-feet per year of recharge in the basin (including incidental recharge from irrigated agriculture) and 247,000 acre-feet per year of outflow from the aquifer via pumping wells, native plant evapotranspiration, and underflow to adjacent basins.

Have potential recharge sites or projects been identified in the Willcox Basin? Have potential volumes been identified to better understand the scale of potential recharge projects?

In 2021, ADWR and the Arizona State Land Department (ASLD) published a report titled “Potential Water Storage Sites on Arizona State Trust Land” which identified multiple potential sites for recharge in the Willcox Basin. ADWR has not assessed the potential volumes or scale for recharge at these sites at this time.   

The report can be found here.

 

Willcox Basin