Gail -- we're sorry but the time for an INA to do any good in the Willcox Basin has long past.
Willcox Groundwater Basin Qualifies for Designation as Irrigation Non-Expansion Area
Op-Ed by Rep. Gail Griffin 7/11/24 (as printed in the SV Herald Review)
Over the past 12 months, Republican lawmakers held over 100 meetings to develop legislation addressing rural groundwater in areas like the Willcox Groundwater Basin. This includes Senate Bill 1221, which would have empowered the director of the Arizona Department of Water Resources (ADWR) to close three “priority basins” – including Willcox – to new pumping and reduce existing pumping by 10 percent over 10 years, with the opportunity for 15 percent over 20 years.
A Joint Legislative Ad Hoc Committee found that Senate Bill 1221 would have significantly mitigated groundwater depletion in these critical areas, but the bill did not pass due to lack of Democrat support. Although this local basin management plan did not pass, Republicans continue to seek solutions that address rural groundwater issues without harming local economies, which are largely agriculture-based. Meanwhile, existing tools are available to manage groundwater declines.
Currently, the director of ADWR holds the authority to declare an “Irrigation Non-Expansion Area” (INA) in any basin if two conditions are met: (1) groundwater supplies for current agricultural needs are insufficient; and (2) the establishment of an “Active Management Area” (AMA) is not necessary.
Many, including farmers, believe Willcox basin’s groundwater levels are insufficient to maintain current withdrawals, especially with ongoing agricultural expansion. ADWR's 2022 Supply and Demand Assessment indicated that groundwater use from agriculture in 2022 exceeded supplies by nearly 58,000 acre-feet, showing that hydrological conditions for an INA have been met.
In 2022, residents voted 2-to-1 against the establishment of an AMA, suggesting they don’t believe the establishment of an AMA necessary. However, ADWR could determine otherwise. The director serves at the governor's discretion, intertwining the issue with political considerations.
If the director determines an AMA is necessary, it precludes an INA from moving forward. But if the director does not also establish an AMA, it delays needed action while worsening groundwater conditions. Inaction
might be preferred by some radical environmental groups who see crisis as a means to expand government power, but local communities demand immediate intervention.
If the governor wishes to mitigate groundwater depletion in Willcox, she can instruct the ADWR director to declare an INA swiftly. According to Arizona Revised Statutes 45-437, this would prevent new agricultural lands from being introduced in the basin, halt expansion of existing operations, curb new groundwater pumping, and require farmers to report annual water use. This would help manage existing groundwater levels without exacerbation and enhance the understanding of hydrological conditions. INA status can be elevated to an AMA if needed, as seen with the Douglas Groundwater Basin.
An INA would exempt residential wells pumping less than 35 gallons per minute, sparing small property owners. Additional tools could include a water delivery system or district to assist residential well owners. However, small farmers, who use less water and have plans to expand, would be impacted. Despite these consequences, many constituents, including farmers, advocate for an INA.
Ultimately, designating the Willcox Groundwater Basin as an INA would provide immediate relief and prevent further groundwater pumping, improving the situation. It would also provide time to develop
new groundwater management tools that work for rural Arizona, without exacerbating existing conditions. Until new legislation is adopted to address rural groundwater without harming local economies, the governor must utilize existing tools to prevent further deterioration.
Gail Griffin is the State Representative for Legislative District 14, which includes Sierra Vista.