Landowners in the Phoenix and Pinal groundwater areas who give up irrigation rights for groundwater savings credits can ask for a temporary permit to keep irrigating that land with groundwater for up to 2 years.
Official title: groundwater savings credits; irrigation
- September 12, 2026
- Repealed after January 1, 2029: Option for holders of credits issued before this law to apply for a temporary permit
What changes
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NowA person applying to give up an irrigation grandfathered right for groundwater savings credits may include a request for a temporary permit to irrigate with groundwater. If the request comes with the application, the director must issue the permit when the right is given up. Credit holders may continue to irrigate the land only under such a permit.
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NowThe permit lets the holder irrigate the same acres as if the right had not been given up. It is subject to the same legal limits and the area's management plan. The farm may not keep its own flexibility account, but may get credits from another farm's account if it uses more than its water allowance. The permit may be leased along with the land for irrigation.
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NowThe permit ends 2 years after the credits are issued. It ends right away if, before then, the right is restored, or the credits are pledged and an assured water supply certificate or designation is issued or modified to include them. It also ends if a subdivision developer gets a written water service commitment from a designated provider, or the land becomes member land of a conservation district.
BeforeThe director's finding on whether the 100-year water supply test is met applied to assured water supply applications filed within 2 years after credits were issued.
NowThat finding also applies to a notice of intent to pledge credits to a water provider's designation of assured water supply filed within 2 years, until the director decides on the change to the designation.
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NowHolders of credits issued before this law may apply for a temporary permit. They cannot get one if more than 2 years have passed since the credits were issued or an ending event has already happened. These applications use the same time frame and fee as relinquishment applications. This option is repealed after January 1, 2029.
Who it affects
- Landowners in the Phoenix and Pinal active management areas with irrigation grandfathered rights
- Holders of groundwater savings credits
- Farmers who lease such land for irrigation
- Irrigation districts that deliver groundwater to member farms
- Arizona Department of Water Resources
What you need to do
Landowners who want to keep irrigating after giving up a right must include a temporary permit request with their relinquishment application. Holders of credits issued before this law who want a permit must apply; the director cannot issue one once more than 2 years have passed since their credits were issued, and this option is repealed after January 1, 2029.
What the law doesn't answer
- The amount of the application fee or licensing time frame
- Whether landowners who did not request a permit with their application can request one later
- What happens to irrigation on the land after the temporary permit ends
- Whether credit holders could keep irrigating the land before this law
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.