Laserfiche WebLink
<br />. <br /> <br />OD;)]?5 <br /> <br />DRAFT. <br /> <br />water development, was the establishment of procedures for the designation <br /> <br />of critical groundwater areas. A "critical groundwater area" is defined <br /> <br />by statute, as any groundwater basin (which is also defined by statute) <br /> <br />or any designated subdivision thereof, not having sufficient groundwater <br /> <br />to provide a reasonably safe supply for irrigation of the cultivated lands <br /> <br />in the basin at the then current rates of withdrawal. The code further <br /> <br />provided that, after the determination concerning the overlying lands <br /> <br />within such a critical groundwater area declared, the drilling of additional <br /> <br />irrigations wells was prohibited. The code does not provide, however, for <br /> <br />control or apportionment of the existing uses of groundwater among the <br /> <br />landowners within the designated critical groundwater area. <br /> <br />In Southwest Engineering CQ. V. Ernst, 79 Ariz. 403 (1955), the court <br /> <br />said: "It should be emphasized that in critical areas the Act does not <br /> <br />?lJ!"por": La re.:J;ulAtp the use. of g:roundvial.el' bet'ween m.mers of Iann itl <br /> <br />cultifation, nor does it regulate the use of groundwater outside of critical <br /> <br />areas with the exception that waste as defined is universally prohibited." <br /> <br />That case held that the Code was a valid conservation measure enacted under <br /> <br />the police power. Its primary purpose is to regulate the pumping and use <br /> <br />of water for irrigation in critical areas in an attempt to slow down the <br /> <br />exhaustion of groundwater. <br /> <br />Another purpose is to require the State Land Department to gather <br /> <br />information regarding groundwater basins, their location, extent and <br /> <br />depletion. The statute does, in some instances, however, curtail the <br /> <br />freedom of the overlying owner to use his property as he sees fit. <br /> <br />Selection 45-301 defines certain terms in part as follows: <br /> <br />In this article, unless the context other wise requires: <br /> <br />1. Critical groundwater area means any groundwater basin <br />or anv designated subdivision thereof, not having <br /> <br />-, <br />~- <br />~- <br /> <br />5. <br /> <br />"i <br />