Irrigation Non-Expansion Areas
Irrigation Guidelines:
In the Joseph City Irrigation Non-Expansion Area (INA) and the former Douglas INA, land that was legally irrigated at anytime between January 1, 1975 and January 1, 1980 may continue to be irrigated. In the Harquahala INA, the period
establishing the right to irrigate is January 6, 1976 to January 6, 1981. In the Hualapai Valley INA, the period establishing the right to irrigate is October 12, 2017 to October 12, 2022.
However, there is one exception. If the Director of the Arizona Department of Water Resources (Department) finds that
substantial capital investment was made for onsite irrigation facilities or improvement of land for irrigation use, that land may be irrigated. The investment must have been made during a specified period of time. In the Joseph City INA, the investment must have occurred during the twelve months before June 12, 1980. In the Harquahala INA, any improvement made during the five-year period preceding January 6, 1981 is considered. In the Hualapai Valley INA, any improvement made during the five-year period preceding October 12, 2022.
On November 8, 2022, in response to a petition that was filed by residents pursuant to A.R.S. § 45-415, the Board of Supervisors of Cochise County called for an election, which resulted in the designation of the Douglas Groundwater Basin as a subsequent Active Management Area (AMA).
INA Requirements:
Measuring Devices
All persons withdrawing groundwater from non-exempt wells* within an INA must use a measuring device and measuring method to record water use, except for: (1) persons who withdraw 10 acre-feet or less for non-irrigation purposes only, and (2) persons who withdraw groundwater for an irrigation use if the Notice of Irrigation Authority for the land on which the groundwater is used includes 10 or fewer contiguous acres and the land is not part of a farming operation that includes more than 10 acres.
*A non-exempt well has a pump capacity over 35 gallons per minute or irrigates more than two acres.
Wells
All existing wells must be registered with the Department. The filing fee for a Late Registration of a Well is $60.00, if the well was drilled prior to 1980. Prior to drilling a new well or deepening, replacing or modifying an existing well, a person must file a Notice of Intent to Drill with the Department. The fee for a nonexempt non-irrigation well located within an INA is $150.00. Forms are available from the Department and must be accompanied with the appropriate filing fee. Authority to modify, deepen, or replace an existing well or drill a new well will be valid for one year; after that a new Notice of Intent must be filed. A driller licensed by the Department must perform the work. Each person who owns a well must notify the Department of any change in ownership of the well.
Annual Reporting
Each person withdrawing groundwater from a non-exempt well must file an annual report of groundwater withdrawals by March 31st of each year. Persons who withdraw groundwater for an irrigation use are exempt from the reporting requirements if the Notice of Irrigation Authority for the land on which the groundwater is used includes 10 or fewer contiguous acres and the land is not part of a farming operation that includes more than 10 acres. An annual report must be filed whether groundwater is withdrawn for irrigation or non-irrigation purposes. However, if no water is withdrawn during a particular calendar year, it is not necessary to file an annual report for that year
