Arizona Municipal Water User's Association Weekly Update

UPDATE: I look forward to talking with Mohave County Supervisor Buster Johnson regarding his concerns about this particular piece of legislation.

HB 2132 County Water Authority; Colorado River
AMWUA Position: Support
MCWA Postition: Support

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 acre feet 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.

Issues:

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.

Status

HB 2132 was heard in the House Water and Agriculture Committee on Thursday, February 7 and passed unanimously, unamended. Community (LHC and BHC) representatives spoke on behalf of the bill.

HB 2132 was heard in the House Counties, Municipalities and Military Affairs Committee on February 12. Rep.McLain testified in support of the bill and reiterated that the Mohave County Water Authority had never received a request to use the 3,500 acre-foot Colorado River allocation for an industrial purpose. The bill passed unanimously.

HB 2132 was heard in the Senate Natural Resources and Rural Affairs Committee on March 19. LHC representatives testified in support of the bill, as did one of the Mohave County supervisors. Another member of the Mohave County Board of Supervisors testified in opposition to the legislation, expressing concern that the communities’ economies would suffer if water were not available to support industry needs. It was pointed out that the legislation did not limit the use of the water strictly to municipal purposes. The water could be used for municipal and industrial purposes.