Hualapai Valley INA

An INA is an “Irrigation Non-Expansion Area”. A new INA can be formed using the boundaries of either a groundwater basin or one or more sub-basins. Within an INA, there are limits on the expansion of irrigated lands.

No. The statutes governing INAs were included in the 1980 Groundwater Management Act. The following link will take you to the INA statutes. In addition to the newly established Hualapai INA, there are 3 other INAs: Douglas INA, Joseph City INA, and Harquahala INA. Initial INAs were established in statute. Subsequent INAs can be designated by the ADWR Director or through a local initiative, as was the case with the Hualapai Valley INA.

INAs may be created when the Director of ADWR determines that “There is insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands in the area at the current rates of withdrawal” and that the establishment of an active management area (AMA) is unnecessary. An INA’s purpose is to preserve the existing irrigation of cultivated lands. In the case of Hualapai Valley INA, the Mohave County of Board of Supervisors requested in June 2022 that the ADWR Director take “whatever actions available and necessary to designate the Hualapai Valley Groundwater Basin as a subsequent INA.” After a public meeting, the ADWR Director signed an Order to initiate procedures to designate the Hualapai Valley Groundwater Basin an INA on October 12, 2022. After a public hearing in November, the Director issued a decision establishing the Hualapai Valley INA on December 19, 2022.

The irrigation of new acres was prohibited. Only acres that had been irrigated within the five years preceding the initiation of the procedures to designate the INA (October 12, 2022) may be irrigated now that the INA is formed. This prohibition does not impact fields up to two acres in size or lands where a substantial capital investment was made to bring the land into cultivation during the five years preceding the initiation of the procedures to designate the INA (October 12, 2022).

The Hualapai Valley Groundwater Basin is located in Mohave County. A map of the basin is provided below.

The INA statutes state that land which was not irrigated during the five years preceding the date of the Department’s Notice of Initiation of Designation Procedures (October 12, 2022) “is deemed to have been in irrigation if the director finds that substantial capital investment has been made for the subjugation of such land for an irrigation use including on-site irrigation distribution facilities and a well or wells the drilling and construction of which were substantially commenced before the date of the notice of the initiation of designation procedures.” ARS 45-437 (B) Follow this link to see the statute for more information. Substantial capital investment (SCI) must have been made in the five years preceding the Notice of Initiation of Designation Procedures (October 12, 2022). After the INA was created, property owners who believe they qualify for consideration of SCI may apply to ADWR and ADWR will evaluate each application on a case-by-case basis. Note that an SCI can include more than wells and distribution facilities. The property purchase price and payment of property taxes are not included in the calculation of substantial capital investment. Examples of documentation previously used by ADWR to make determinations on applications for the consideration of an SCI in granting a Notice of Groundwater Authority ("60") in an INA or Certificate of Grandfathered Groundwater Right ("78") in an AMA can be found on ADWR’s website here. These examples are being provided for informational purposes only. Please note that the standard for establishing an SCI in statute differs depending on the location of the lands associated with the application. Therefore, some or all of these examples may not be relevant to all applications in this INA.

Generally speaking, an exempt well is a non-irrigation well with a pump of capacity of 35 gallons per minute or less. Non- exempt wells are those wells that produce more than 35 gallons per minute.

“Each person withdrawing groundwater from a non-exempt well for an irrigation use and each person withdrawing more than ten acre-feet of groundwater per year from a non-exempt well for a non-irrigation use shall use a water measuring device approved by the director” ARS 45-437 (C ) (1) There is also an exemption from the metering requirement for withdrawals which are both (1) used only to irrigate 10 or fewer contiguous acres of land at the place of use and (2) not used on land that is part of an integrated farming operation.

“Each person withdrawing groundwater from a non-exempt well shall file a report on a calendar year basis with director… no later than March 31of the following year. “ARS 45-437 (C) (1) Those owners of non- exempt wells that pump fewer than 10 acre-feet per year for non-irrigation uses, and thus do not require meters, must also file annual reports, but may estimate their usage. As with metering, there is an exemption from reporting requirements for withdrawals which are both (1) used only to irrigate 10 or fewer contiguous acres of land at the place of use and (2) not used on land that is part of an integrated farming operation. The first annual reports will be due March 31, 2024.

The Application for Notice of Authority to Irrigate Land in an Irrigation Non-Expansion Area needs to be submitted by landowners who claim to have irrigated land in the five-year period prior to designation of the Hualapai Valley INA (prior to October 12, 2022). In this application, you will be asked for irrigation history for the five years prior to October 12, 2022. ADWR will verify historical irrigation using data sources including aerial photography and satellite imagery and may also conduct site inspections. ADWR will also examine claims of an SCI, if applicable. A determination will be made for each property claimed to have been historically irrigated or claimed under an SCI. Each owner will be notified of his/her verified acreage.

The irrigation of new acres has been prohibited. Only acres that have been irrigated within the five years preceding the initiation of the procedures to designate an INA (October 12, 2022) may be irrigated now that the INA is formed. This prohibition does not impact fields up to two acres in size or lands where a substantial capital investment was made to bring the land into cultivation during the five years preceding the initiation of the procedures to designate an INA (October 12, 2022).

Only acres that have been irrigated within the five years preceding the initiation of the procedures to designate an INA (October 12, 2022) may be irrigated now that the INA is formed. This prohibition does not impact fields up to two acres in size or lands where a substantial capital investment was made to bring the land into cultivation during the five years preceding the initiation of the procedures to designate an INA (October 12, 2022).

With some exceptions (see Question 4) only acres that have been irrigated within the five years preceding the initiation of the procedures to designate an INA (October 12, 2022) may be irrigated now that the INA is formed. Exempt wells are not affected.

The Application for Notice of Authority to Irrigate Land in an Irrigation Non-Expansion Area needs to be submitted by landowners who claim to have irrigated land in the five-year period prior to designation of the Hualapai Valley INA (prior to October 12, 2022).

Under the current statutes, there is no requirement for persons withdrawing groundwater in an INA to pay a groundwater withdrawal fee.

Both exempt and non-exempt wells may be drilled in an INA. However, water pumped from those wells cannot be used to irrigate new lands two or more acres in size.

“In an irrigation non-expansion area, a person who owns acres of land which may be irrigated … may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same irrigation non-expansion area if the owner demonstrates to the director’s satisfaction that all of the following apply:

1. The legally irrigated acres were damaged by floodwaters after being irrigated.
2. It is not economically feasible to restore the flood damaged acres to irrigation use. “ARS 45-437.02 (A) This may also apply where there is a condition associated with the acres to be retired that impedes the implementation of more efficient irrigation practices. See ARS 45-437.03

No, there is not a deadline to file an application outlined in the statutes. However, you must file an annual water use report by March 31 of each year. Your application will need to be submitted with or prior to filing your annual water use report.