FAQs for Douglas AMA
The answers to these questions are provided for informational purposes only. They are not intended to provide comprehensive guidance and are not intended to serve as legal advice. If you have legal questions about your specific circumstances, you should consult with an attorney.
ELECTION TO DESIGNATE AMA FOR THE DOUGLAS BASIN
FAQs
1. Q: What is an AMA?
2. Q: What lands fall within the boundaries of the new AMA?
A: The Douglas Groundwater Basin has been designated as an AMA through election. The Douglas Groundwater Basin is located in Cochise County. A map of the boundaries of the basin is provided below.
3. Q: Part of the Douglas Groundwater Basin was an INA. Does creation of an AMA replace or supersede the INA?
A: Yes. By statute, since this AMA has been designated in an area that was previously designated as an INA, the regulations applicable to the AMA replace the INA regulations.
4. Q: Are there new prohibitions on water use that have gone into effect since the election?
5. Q: What land may be irrigated in the AMA?
6. Q: Will lands that have an associated irrigation authority in the Douglas INA be automatically remain eligible for irrigation in an AMA?
7. Q: Who is allowed to withdraw groundwater in the AMA?
8. Q: How does someone obtain a right or permit to withdraw groundwater in the AMA?
9. Q: What happens if someone has made investments to begin irrigation, but had not started irrigating before restrictions were in place (August 30, 2022)?
10. Q:Are groundwater users required to meter and report groundwater withdrawals?
11. Q: In the new AMA, will persons who withdraw groundwater be required to pay a withdrawal fee?
A: Under the current statutes, there is no requirement for persons withdrawing groundwater in a subsequent AMA (an AMA formed after 1980) to pay a groundwater withdrawal fee. There are other fees that may apply within a subsequent AMA, including, for instance, a water quality assurance fee applicable to persons who own a Type 1 or Type 2 Non-irrigation Grandfathered Right or who holds a groundwater withdrawal permit for beneficial use (See A.R.S. § 45-616).
12. Q: In the new AMA, how will the management goal and management plan be established?
13. Q: How will water duties be determined in the new AMA?
A: Within AMAs, the calculation of water duties is made, at least in part, with reference to requirements contained in the management plans for the AMAs. Because ADWR will adopt management plans in accordance with the process described in response to Question No. 10 above, ADWR cannot provide information about how water duties would be determined at this time.
Answers To Questions Presented at the Public Meeting
Question: What changes will occur to the rules about transportation of groundwater in the new AMA?
-
Subject to certain limitations on use:
-
Pursuant to an Irrigation Grandfathered Right (IGFR)
-
Pursuant to a Type 1 Grandfathered Right (with additional limitations not relevant to the Douglas Groundwater Basin) Subject to the payment of damages to injured landowners:
-
-
Pursuant to Type 2 Grandfathered Right
-
By a city, town, private water company, or irrigation district within its service area
-
Pursuant to a groundwater withdrawal permit
-
From an exempt well
-
Question: What limitations on drilling, deepening or replacing an exempt well apply in an AMA?
Question: What are the well-spacing requirements within AMAs?
Question: Will there be an opportunity for people to challenge applications for grandfathered rights based on substantial capital investment?
Question: What water quality standards does ADWR evaluate when considering an application for assured water supply?
- Land Subsidence in the Hydrology Library
- Statewide Groundwater Level Changes: “ADWR Open-File Report Number 19”
- Water Resource Characteristics: “Arizona Water Atlas Volume 3, Southeastern Arizona Planning Area”
- Information about existing AMAs and Management Plans
Last updated on May 25, 2023