- ADWR designates the seventh AMA in Arizona.
- Decision follows November 22, 2024 public hearing.
- Earlier AMA ballot measure for Willcox failed to pass in 2022.
December 23, 2024 — Last week, the Arizona Department of Water Resources (ADWR) officially designated the Willcox Groundwater Basin as the state’s seventh Active Management Area (AMA). This is the first AMA ever formed by a direct decision of the ADWR Director under A.R.S. § 45-414. While the move has gained support from some local residents concerned about declining water levels and land subsidence, others in the region remain skeptical of additional government oversight.
Background: Two Ballot Measures, Two Outcomes.
In November 2022, southern Arizona voters considered two initiatives to regulate rural groundwater. One proposal, which passed, created the Douglas Basin AMA. The other, to create an AMA in the Willcox Basin, was rejected by voters. The failed vote reflected disagreements among residents about whether more stringent groundwater rules would help or hinder their local economy.
ADWR’s Determination.
Despite the earlier ballot rejection, ADWR announced on December 20 that Willcox Basin groundwater meets the criteria for an AMA
. According to the Department, “Active management practices are necessary to preserve the existing supply of groundwater – the area’s only dependable water source – for future needs; and land subsidence or fissuring is endangering property or potential groundwater storage capacity.”
“This decision by me goes to the heart of our State’s landmark 1980 groundwater protection legislation which invests in the ADWR Director the duty to take necessary steps to defend our groundwater supplies for future generations,” said Director Tom Buschatzke.
“As my staff has made clear in public hearings held in Willcox and in response to comments on our presentations from members of the public, the hydrologic conditions in the basin meet the statutory requirements.”
Voices in the Community.
ADWR collected data and public testimony during an extended process, including a formal hearing on November 22, 2024, where dozens of oral comments and hundreds of written submissions were received. Officials emphasize that a comment period is still open, encouraging residents, farmers, and other interested parties to share concerns, insights, and suggestions regarding the new Willcox AMA..
Some local leaders are cautiously optimistic. “Our community is facing difficult decisions as Arizona moves forward with an Active Management Area for the Willcox Basin,” said Willcox Mayor Greg Hancock. “We recognize the perspectives many residents and stakeholders have raised, and we are committed to ensuring that our community’s voice is heard throughout this process.”
Other residents welcome the action. “While the AMA designation gives us hope for a secure water future, I recognize that this is only the first step in creating the framework for the necessary collaboration required to address this issue,” said Cochise resident Melanie Lawrence.
Governor Hobbs’ Announcement.
“Rural communities deserve to have their groundwater protected, and December 20’s action is a critical milestone for the people of southeastern Arizona,” Governor Katie Hobbs stated. “I’ve heard from families, farmers, and businesses who have experienced the devastating impacts of unchecked pumping by unaccountable, big corporations. Their wells are running dry, their homes are damaged by fissures in the earth, and their farms are barely able to get by.”
Governor Hobbs underscored her pledge to “push for new rural groundwater reform legislation in 2025,” saying, “Since day one as Governor, I have fought to secure Arizona’s water future. I am making good on that promise. I will continue to fight to protect water supplies for all Arizonans.”
AMA to Be Officially Designated on the New Year.
In Arizona, the 1980 Arizona Groundwater Code recognized the need to aggressively manage the state’s finite groundwater resources to support the growing economy. Areas with heavy reliance on mined groundwater were identified and designated as Active Management Areas (AMAs). AMAs are subject to regulation pursuant to the Groundwater Code. Each AMA carries out its programs in a manner consistent with these goals while considering and incorporating the unique character of each AMA and its water users. For the Willcox Groundwater Basin, ADWR writes:
On December 19, 2024, the Director issued a Findings, Decision and Order to designate the Willcox Groundwater Basin as a subsequent AMA (Designation Order). The Department is publishing notice of the Designation Order in the Sierra Vista Herald Review and Eastern Arizona Courier on December 25, 2024, and January 1, 2025. The date of designation, as defined in A.R.S. § 45-402, will be January 1, 2025.
PROHIBITION ON IRRIGATION OF NEW ACRES IS PERMANENTLY IN EFFECT
Pursuant to A.R.S. § 45-416 irrigation users may irrigate only those acres of land within the Willcox AMA which were legally irrigated at any time during the five years preceding October 23, 2024. “Irrigate” is defined in A.R.S. § 45-402 and means to apply water to two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry.
Below is a list of additional requirements for the Willcox AMA
Application for Certificate of Grandfathered Right
Individuals and entities seeking to claim a grandfathered right must apply for a certificate of grandfathered right no later than fifteen months after the date of the designation of the AMA on January 1, 2025 (by April 1, 2026), in accordance with A.R.S. § 45-476. Applications will be available on January 1, 2025. A person who fails to apply for a certificate of grandfathered right within an active management area waives and relinquishes any right to withdraw or receive and use groundwater pursuant to a grandfathered right (A.R.S. § 45-477.01).
Mandatory Measuring and Reporting
Within AMAs, with a few narrow exceptions, persons withdrawing groundwater from non-exempt wells (wells having a maximum pump capacity greater than 35 gallons per minute) are required to measure their groundwater withdrawals with a measuring device or method that is approved by ADWR and must report the groundwater withdrawals to ADWR (A.R.S. § 45-406). An approved measuring device must be installed by March 31, 2025.
ADWR has approved the use of devices and measuring methods other than the installation of meters in Arizona Administrative Code R12-15-903.
Persons withdrawing groundwater from exempt wells (wells having a pump with a maximum pump capacity of 35 gallons per minute or less that are used for a non-irrigation use) generally are not required to measure and report the groundwater withdrawals. Each person withdrawing groundwater from a non-exempt well shall file an annual water withdrawal and use report on a form prescribed by the Director no later than March 31 of each calendar year. The first annual report for the Willcox AMA shall be filed on or before March 31, 2026.
For more information on the ADWR’s decision, visit azwater.gov/ama/willcox-ama.
Image via Gov. Hobbs’ news release, from visit to Willcox to speak with community leaders and residents about fissures and groundwater problems.
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