SURFACE WATER SURFACE WATER ISSUESISSUES

Herb Guenther, DirectorHerb Guenther, DirectorADWRADWR

September 11, 2008 September 11, 2008

Arizona Water SupplyArizona Water SupplyAnnual Water BudgetAnnual Water Budget

Water SourceWater Source Million Acre-Feet Million Acre-Feet (maf)(maf)

% of Total% of Total

SURFACE SURFACE WATERWATER

Colorado RiverColorado River 2.82.8 35.6 %35.6 %CAPCAP 1.61.6 20%20%

On-RiverOn-River 1.21.2 16%16%

In-State RiversIn-State Rivers 1.41.4 17.8%17.8% Salt-VerdeSalt-Verde 1.01.0 13%13%

Gila & othersGila & others 0.40.4 5%5%

GROUNDWATEGROUNDWATERR

2.92.9 36.8%36.8%

RECLAIMED WATERRECLAIMED WATER 1.01.0 9.8%9.8%

TotalTotal

8.18.1 maf maf8/08/088

Sources: ADWR, UofA, USGS

Industrial6%

(0.47 maf)

Municipal20%

(1.58 maf)

Agriculture74%

(5.82 maf)

ConsumptionConsumption

8/088/08

Water Rights in Water Rights in ArizonaArizona

GroundwaterGroundwater• Groundwater is not appropriated in ArizonaGroundwater is not appropriated in Arizona• Any landowner can establish a small well Any landowner can establish a small well

(pumping less than 35 gpm) on his private (pumping less than 35 gpm) on his private property [ limitations apply in Active property [ limitations apply in Active Management Areas (AMAs)]Management Areas (AMAs)]

• The land owner has the right to withdraw a The land owner has the right to withdraw a reasonable amount of groundwater from his reasonable amount of groundwater from his well to use for beneficial purposes (limitations well to use for beneficial purposes (limitations apply in AMAs)apply in AMAs)

• But the landowner But the landowner does not does not enjoy an exclusive enjoy an exclusive right to the groundwaterright to the groundwater

Water Rights in Water Rights in ArizonaArizonaSurface WaterSurface Water

• AppropriatedAppropriated You need to apply to ADWR for a You need to apply to ADWR for a right to use the waterright to use the water

• If the proposed use If the proposed use does notdoes not conflict with conflict with existing rights, pose a menace to public safety existing rights, pose a menace to public safety or violate the public interest or welfare, ADWR or violate the public interest or welfare, ADWR will issue a certificate of water rightwill issue a certificate of water right

• Priority of the right to use the water is based Priority of the right to use the water is based on the “on the “Doctrine of Prior AppropriationDoctrine of Prior Appropriation” ……..” ……..first in time, first in rightfirst in time, first in right

• An appropriated right is an exclusive rightAn appropriated right is an exclusive right• Without an appropriation you can not use or Without an appropriation you can not use or

impound surface water impound surface water

Current Issues Associated Current Issues Associated with Surface Waterwith Surface Water

• Water Protection FundWater Protection Fund

• Enforcing Surface Water LawsEnforcing Surface Water Laws

• Evaluating Surface Water UseEvaluating Surface Water Use

• Protecting Flowing Rivers and Riparian Protecting Flowing Rivers and Riparian AreasAreas

Surface Water IssuesSurface Water Issues

• These 4 issues were selected for These 4 issues were selected for discussion purposes only with discussion purposes only with stakeholdersstakeholders

• No legislation has been drafted No legislation has been drafted • ADWR needs stakeholder input on the ADWR needs stakeholder input on the

concepts including:concepts including:– Necessary componentsNecessary components– Pros and consPros and cons– Complicating factorsComplicating factors– Feasibility of implementationFeasibility of implementation

Water Protection FundWater Protection Fund

• Expand use of Water Protection Expand use of Water Protection Fund monies to include:Fund monies to include:– Grants for purchase or lease of any Grants for purchase or lease of any

water (not just CAP or effluent) or water (not just CAP or effluent) or water rights that will protect or water rights that will protect or restore riparian habitatsrestore riparian habitats

– Grants to qualified entities for Grants to qualified entities for acquiring conservation easementacquiring conservation easement

• Would require agreement by the Would require agreement by the Water Protection Fund BoardWater Protection Fund Board

Enforcing Surface Water Enforcing Surface Water LawLaw

• Currently ADWR has very limited authority Currently ADWR has very limited authority to bring an enforcement action against an to bring an enforcement action against an entity that makes an illegal diversion or entity that makes an illegal diversion or impoundment of surface water.impoundment of surface water.

• ADWR would ask for the authority to seek ADWR would ask for the authority to seek civil penalties in Superior Court of up to civil penalties in Superior Court of up to $10,000 per violation per day for such $10,000 per violation per day for such offenses.offenses.

• This would be the same civil penalty This would be the same civil penalty authority ADWR has relative to the authority ADWR has relative to the Groundwater Code, the Bodies of Water Groundwater Code, the Bodies of Water (artificial lakes) Statute and the Recharge (artificial lakes) Statute and the Recharge Statute.Statute.

Surface Water UseSurface Water Use

• Currently ADWR has no idea of the Currently ADWR has no idea of the actual actual amounts of surface water amounts of surface water diverted and used for beneficial diverted and used for beneficial purposes by entities having surface purposes by entities having surface water rightswater rights

• ARS 45-203 gives the Director authority ARS 45-203 gives the Director authority to require measuring devices but to require measuring devices but contains no reporting contains no reporting

• ADWR would like to consider amending ADWR would like to consider amending the statute to require the measurement the statute to require the measurement and reporting of the actual amounts of and reporting of the actual amounts of surface water diverted and usedsurface water diverted and used

Rivers and Riparian AreasRivers and Riparian Areas

• Establishing river and riparian Establishing river and riparian protection zones that would limit or protection zones that would limit or prohibit well drilling would be a prohibit well drilling would be a proactive approachproactive approach to avoid to avoid enforcement actions brought about by enforcement actions brought about by the Endangered Species Act, senior the Endangered Species Act, senior appropriators or the Gila and Little appropriators or the Gila and Little Colorado River Adjudication Court.Colorado River Adjudication Court.

• This would This would notnot affect existing wells. affect existing wells.• The zones could involve a specific The zones could involve a specific

distance from a flowing river and distance from a flowing river and riparian area or a zone determined by riparian area or a zone determined by hydrologic and physical characteristics.hydrologic and physical characteristics.