Mohave County Water Authority Proposed Legislation: HB2132

HB 2132 County Water Authority; Colorado River

(Sponsors: Representatives McLain, Burges, Groe; Senator Aguirre)

Bill Provisions

HB 2132 amends ARS § 45-2244 to eliminate the industrial use restriction on a portion of
Mohave County Water Authority’s Colorado River allocation.

Background

In 1994, legislation was adopted to provide for the formation of the Mohave County Water
Authority (MCWA). The members of MCWA are Bullhead City, City of Kingman, Lake
Havasu City, Mohave County, Golden Shores Irrigation District, Mohave Valley Irrigation and
Drainage District, and the Mohave Water Conservation District.

The impetus to forming MCWA was to put to use the City of Kingman’s Colorado River
contract for 18,500 acre-feet of 4th priority water, while at the same time providing Kingman
with funds to develop its groundwater resources. A.R.S. § 45-2244 prescribes the uses for which
this water may be used.

Late in the negotiations, the Department of Interior set aside 3,500 acre-feet of the 18,500 acrefeet for other uses, leaving MCWA with 3,500 acre-feet of 5th and 6th priority water, which is a less stable supply than the higher priority, 4th priority water. This 3,500 acre-feet was recently converted back to 4th priority water pursuant to provisions in the Arizona Water Settlements Agreement and would now be available to the MCWA as a permanent supply, however, A.R.S. § 45-2244 A.2. limits the 3,500 acre-feet to industrial uses. Industrial uses are defined in A.R.S. § 45-2201 (8) as a “nonagricultural use of water not supplied by a city, town or private water company, including animal industry use as defined in § 45-402.”

Since MCWA’s formation in 1996, it has not received a single request for water for an industrial use. During that same time frame, MCWA’s members have sought additional water for municipal purposes, which can include industrial uses.

The MCWA Board voted unanimously to seek this legislation at its meeting held September 25, 2007.

This legislation would result in additional water for municipal as well as industrial uses. It
would provide the City of Kingman with additional funds to develop its groundwater resources.