SURFACE WATER ISSUES Herb Guenther, Director ADWR September 11, 2008

Arizona Water Supply Annual Water Budget Water Source Million Acre-Feet (maf) % of Total SURFACE WATER Colorado River % CAP1.620% On-River1.216% In-State Rivers % Salt-Verde Salt-Verde1.013% Gila & others Gila & others0.45% GROUNDWATER % RECLAIMED WATER % 9.8% Total 8.1 maf 8.1 maf 8/08

Sources: ADWR, UofA, USGSConsumption8/08

Water Rights in Arizona Groundwater Groundwater is not appropriated in ArizonaGroundwater 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)]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)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 groundwaterBut the landowner does not enjoy an exclusive right to the groundwater

Water Rights in Arizona Surface Water Appropriated You need to apply to ADWR for a right to use the waterAppropriated 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 rightIf 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” ……..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 rightAn appropriated right is an exclusive right Without an appropriation you can not use or impound surface waterWithout an appropriation you can not use or impound surface water

Current Issues Associated with 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 AreasProtecting Flowing Rivers and Riparian Areas

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

Water Protection Fund Expand use of Water Protection Fund monies to include: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 BoardWould require agreement by the Water Protection Fund Board

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.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.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.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.

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 rightsCurrently ADWR has no idea of the actual amounts of surface water diverted and used for beneficial purposes by entities having surface water rights ARS gives the Director authority to require measuring devices but contains no reportingARS 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 usedADWR would like to consider amending the statute to require the measurement and reporting of the actual amounts of surface water diverted and used

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.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.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.The zones could involve a specific distance from a flowing river and riparian area or a zone determined by hydrologic and physical characteristics.