Arizona Golf Courses Water Compliance and Conservation

1. Arizona Golf Courses Water Compliance and Conservation Arizona Department of Water Resources 2009

2. Discussion Topics • Water Regulation in Arizona – Background • Phoenix AMA Golf Course Water Use • Conservation Allotment Calculations New vs. Historic Courses Temporary Additional Allotments • Turf-Facility Flexibility Accounts Example Facility Violation 5. Enforcement Procedures 6. Future Golf Course Regulation in Arizona

3. Water Regulation in Arizona – Background • Arizona is an arid environment with limited water supplies • Prior to 1980 groundwater law was addressed in a piecemeal fashion by the courts because there wasn’t a comprehensive body of law dealing with water • This resulted in many confusing and contradictory decisions over the years • Population growth and groundwater overdraft were increasing problems

4. Water Regulation in Arizona – Background • Most of the overdraft problem was in the population centers and agricultural areas of the state • The Central Arizona Project was under construction but funding jeopardized unless Arizona controlled groundwater overdraft • In the 1970s the state Legislature sought help from municipal providers, agricultural users and mining interests • Result: AZ State Legislature passed a comprehensive Groundwater Management Act in 1980

5. Water Regulation in Arizona – Background • The Groundwater Management Act created Active Management Areas and Irrigation Non-expansion Areas in the population centers and agricultural areas of the state • Active Management Areas (AMAs) are areas of the state that are “actively managed” through the creation of groundwater rights and limitations on the amount of groundwater that can be pumped, delivered and received • Irrigation Non-Expansion Areas (INAs) are managed to prohibit agricultural expansion only • The Groundwater Code generally does not regulate water use outside AMAs

6. AMAs and INAs • Established AMAs • Phoenix (1980) • Pinal (1980) • Prescott (1980) • Tucson (1980) • Santa Cruz (1994) formerly part of Tucson AMA • Established INAs • Douglas (1980) • Joseph City (1980) • Harquahala (1981)

7. Golf Courses Outside of AMAs • No ADWR conservation requirements outside of AMAs • Individual counties, cities or towns may regulate golf courses independent of ADWR • ADWR Adequate Water Supply Program • If golf course is in a subdivision that requires a demonstration of adequacy the golf course must demonstrate a 100 year adequate water supply • May limit the amount of water for a golf course

8. Phoenix AMA Golf Course Water Use 2007 STATISTICS • 3,569 Golf Holes or 198 18-Hole Courses • 16,175 turfed acres 3,325 LWU acres 1,114 surface water acres • Approx. 3% - 4% of total AMA use

9. Conservation Allotment Calculations • Acre-Foot Definition • Amount of water needed to cover 1 acre 1 foot deep • 1 acre-foot = 325,851 gallons • 1 acre-foot is enough water for 2 – 3 households for a year • Maximum application rates • Turf = 4.9 a-f/acre • Low water use landscape = 1.5 a-f/acre • Lake = 6.2 a-f/acre

10. Conservation Allotment Calculations Conservation requirements for new regulation 18 hole golf courses in Phoenix AMA Constructed post 1984 and minimum of 6,200 yards in length Example calculation for maximum annual allotment based on 18 holes:

11. Conservation Allotment Calculations Conservation requirements for historic regulation 18 hole golf courses in Phoenix AMA Constructed pre 1985. May have historic turf, lake, and low water use acres > 90 acres. If remodeling occurs ( > 2 holes) historic exemption is reduced to 90 a-f maximum for new courses. Example calculation for annual allotment based on 18 holes:

12. Temporary Additional Allotments The following temporary additional allotments all require approval from ADWR Director.

13. Golf Course Conservation Incentives • Turfed acre reduction usu. maintains conservation allotment unless significant remodeling (2 or more holes) • Renewable supplies Effluent = 40% credit (100 af = 60 af) Surface Water

14. Turf-Facility Flexibility Accounts A turf-facility flexibility account: • measures compliance status • was created to address annual weather variability • rolls over from year-to-year for TMP duration • is equal to 20% of a facility’s conservation allotment • Debit – subtract overuse if use more than allotment • May not exceeded >20% of conservation allotment • Credit – add under use if use less than annual allotment • Accrues to a maximum of 20% credit for using less water than conservation allotment.

15. Flexibility Account Violation: Example

16. Additional Compliance Violations • Facility Conservation Plan on file • Exceedance of Permitted Well Volume • Exceedance of Groundwater Withdrawal Authority Note: A facility’s legal entitlement to withdrawal groundwater (pursuant to Type 1 or 2 rights and GIU) may be greater than or less than the conservation allotment

17. Enforcement Procedures • Advisory Letters • Citations • Notice of Non-Compliance • Stipulation and Consent Orders (SCO)

18. Advisory Letters • Issued for suspected minor violations of the Groundwater Code and/or Management Plan • Explains basis of ADWR findings • Encourages regulated person to contact ADWR for assistance and additional information • Not considered a formal enforcement action • If violations are repetitious further enforcement action may apply

19. Citations • Currently issued in every ADWR regulatory program (except Surface Water) • Violations are ‘remedied’ by assessment of fines/civil penalties and possibly requires instructions/actions to be completed by violator • Citations must be paid within 30 days and upon payment the case is closed • ADWR usu. monitors violator for several years to ensure compliance in future

20. Notice of Non-Compliance • May be first formal notification of violation • Can be sent in conjunction with Report of Audit, Field Investigation Report or prior to SCO process • Sent when ADWR has determined that violation has occurred • Provides regulated person with opportunity to contact ADWR

21. Stipulation and Consent Order (SCO) • Generally utilized for repetitious violations or those involving large quantities of water • Sets conditions that Respondent must meet by a specific date, payment of associated civil penalties • Civil penalties may be reduced and in return Respondent agrees to complete all conditions set forth in SCO

22. Stipulation and Consent Order (SCO) • Usually includes a probationary period of several years • Violation of SCO results in full payment of any waived/reduced civil penalties • Can be a negotiated process between ADWR and Respondent • Monitoring continues throughout probationary period and beyond

23. Future Golf Course Regulation in Arizona • We recognize the considerable economic impact of the golf industry in Arizona • We recognize that the golf industry has contributed to water conservation by: • Conducting research • Investing in new technologies • Developing innovative turf grass management techniques • Being creative when designing golf courses to use less water • Implementing the use of non-groundwater water supplies, especially reclaimed water

24. Future Golf Course Regulation in Arizona Primary regulatory tool for golf courses in the AMAs is the Management Plan • A new management plan is developed every 10 years until 2025 • Management Plans are used to achieve each AMA’s management goal • Phoenix, Tucson and Prescott management goal is safe-yield by 2025 • The Fourth Management Plan is in early stages of development

25. Future Golf Course Regulation in Arizona Are we expecting the golf course industry do more? • We will evaluate current golf course allotments and requirements and analyze the potential for additional conservation as we do for all water use sectors • We will seek participation and input by the golf industry as we have done for previous management plans

26. Questions?

27. Arizona Department of Water Resources Phoenix Active Management Area 3550 N. Central Avenue, 2nd Floor Phoenix, Arizona 85012 (602) 771-8585 www.azwater.gov Andrew Craddock Chair, ADWR Compliance Program ajcraddock@azwater.gov Macreena Cress Team Lead, Industrial Program, Phoenix AMA mkcress@azwater.gov