A.R.S. § 45-579 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 579
45-579 Assignment of certificate of assured water supply; definition
Status: in_force

45-579. Assignment of certificate of assured water supply; definition

A. A holder of a certificate of assured water supply issued pursuant to section 45-576 may assign the certificate, in whole or in part, to another person if the holder applies to the director for approval within ten years after the original certificate was issued and the director approves the application. An application may be filed under this section more than ten years after the original certificate was issued if a minimum of five hundred lots within the subdivision covered by the certificate have been sold to individual home buyers by the holder of the certificate and any previous holders of the certificate. An application filed under this section shall be on a form prescribed by the director.  The director shall approve a timely application for assignment of a certificate of assured water supply if the director determines that all of the following apply:

1. The proposed assignee owns or is acquiring the subdivision to which the current certificate applies, or if the application is for a partial assignment, the portion of the subdivision to which the current certificate applies that is the subject of the proposed assignment.

2. There has not been any material change in the subdivision plat, plan or map since the certificate was originally issued, including an increase in the total water demand for the subdivision, including all assignments. For the purpose of this paragraph, a change in the total number of housing units or lots does not constitute a material change in a subdivision plat, plan or map if there is a reduction in the total water demand for the subdivision.

3. Either there is water delivery infrastructure in place that is capable of delivering water to each lot within the subdivision or the proposed assignee has demonstrated financial capability to complete the infrastructure. In determining whether the proposed assignee has demonstrated financial capability to complete the infrastructure, the director shall apply the same standards that are used in evaluating financial capability for a new certificate application.

4. The water provider serving the subdivision and the source of supply have not changed since the current certificate was issued and the water provider has agreed to serve the subdivision after the assignment.

5. Water rights, permits, licenses, contracts and easements other than the municipal provider’s service area rights at the time the current certificate was issued have been assigned and may be used to support water service to the portion of the subdivision that is the subject of the assignment and to any remaining portions of the subdivision that are retained by the subdivider.

6. There has not been any change in the manner in which the consistency with management goal requirements were satisfied at the time the original certificate was issued.

B. After a change of ownership has occurred and on approval of an assignment, the director shall issue a certificate of assured water supply in the name of the assignee, retaining the date of the original certificate as the date of issuance.

C. In the case of a partial assignment, the director shall issue a certificate in the name of the assignee for the portion of the subdivision that is the subject of the proposed assignment, and shall issue a certificate in the name of the assignor for the portion of the subdivision retained, each with the date of the original certificate as the date of issuance. The new certificates shall include all water demand for the subdivision represented by the current certificate. The allocation of demand between the certificates shall be based on a reasonable plan for allocation of the total subdivision demand as approved by the director.

D. Section 45-578 does not apply to an application filed under this section. Section 45-114, subsections A and B govern administrative proceedings, rehearing and review and judicial review of final decisions of the director under this section.  If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.

E. Within two business days after receiving an application under subsection A of this section, the director shall post notice of the application on the department's website until the director issues a decision on the application. The notice shall include notice of the right to submit comments on the application as provided in this subsection, including a toll free number where comments may be submitted by telephone and the addresses where comments may be submitted by United States mail, electronic mail and hand delivery. Any person may submit comments on the application within fourteen calendar days after the first day that notice of the application is posted on the department's website. The director shall consider all timely comments submitted on the application before issuing a decision on the application. Within two business days after issuing a decision on the application, the director shall post notice of the decision on the department's website for a minimum of fourteen days. Notwithstanding title 41, chapter 6, article 10 and section 45-114, a person who submits comments on an application pursuant to this subsection is not a party for purposes of title 41, chapter 6, article 10, is not entitled to an administrative hearing before or after the director's decision on the application and is not entitled to judicial review of the director's decision.

F. For the purposes of this section, "original certificate" means the initial certificate of assured water supply that is issued by the director for a subdivision.
A.R.S. § 45-465 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 465
45-465 Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy
Status: in_force

45-465. Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy

A. In an active management area, a person who owns land which was legally irrigated in whole or in part with groundwater at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation procedures or the call for the election for subsequent active management areas, which is capable of being irrigated and which has not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 has the right to use groundwater for the irrigation of such land as determined pursuant to subsections B and C of this section.

B. Except as provided in subsection C of this section, the director shall compute the maximum amount of groundwater which may be used pursuant to this section as follows:

1. Determine the farm units, as defined in section 45-402, within the active management area.

2. Determine the irrigation water duty, as defined in section 45-402, for each farm unit in an active management area, pursuant to sections 45-564 through 45-568.

3. Determine the water duty acres for each farm within the farm unit. The water duty acres are the highest number of acres in the farm, taking land rotation into account, which were legally irrigated during any one year in the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation procedures or the call for the election for subsequent active management areas.

4. Determine the irrigation acres for each farm within the farm unit. The irrigation acres are the acres in the farm which were legally irrigated at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation procedures or the call for the election for subsequent active management areas, which are capable of being irrigated and which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469.

5. Multiply the water duty acres for each farm within the farm unit by the irrigation water duty for the farm unit and divide that amount by the number of irrigation acres in the farm. The result shall be the maximum amount of groundwater which may be used per year for the irrigation of each irrigation acre in the farm. If the farm is located in an active management area other than the Santa Cruz active management area and is irrigated solely with groundwater, the amount of groundwater used by the farm for irrigation shall be accounted for pursuant to section 45-467, subsection C. If a farm is located in an active management area other than the Santa Cruz active management area and is irrigated with a combination of surface water and groundwater, the amount of groundwater used by the farm for irrigation shall be accounted for pursuant to section 45-467, subsection D. If a farm is located in the Santa Cruz active management area, the amount of water, other than stored water, withdrawn from a well and used by the farm for irrigation purposes shall be accounted for pursuant to section 45-467, subsection E or F.

C. A person who owns land described in subsection A of this section and whose water use on the land is regulated under a best management practices program that is adopted by the director pursuant to section 45-566.02, subsection F, section 45-567.02, subsection G or section 45-568.02, subsection G:

1. Has the right to use groundwater for an irrigation use on the irrigation acres within that land as those acres are determined pursuant to subsection B, paragraph 4 of this section.

2. Is exempt from the provisions of subsection B of this section with respect to that land.

D. The right to use groundwater pursuant to this section for the irrigation of an irrigation acre is an irrigation grandfathered right and is appurtenant to that acre. An irrigation grandfathered right is owned by the owner of the land to which it is appurtenant and may be leased for an irrigation use with the land to which it is appurtenant.

E. A person who owns or leases irrigation acres may use the total amount of groundwater allowed by the irrigation grandfathered right for such acres for the irrigation of all or a portion of such acres.

F. If the irrigation water duty for the farm unit in which an irrigation acre is located is reduced by the director pursuant to article 9 of this chapter, the amount of groundwater which may be used for the irrigation of such acre pursuant to the irrigation grandfathered right under subsection B of this section is reduced accordingly.

G. For purposes of this chapter, the amount of groundwater which may be used or is used is the amount of groundwater withdrawn by the groundwater user, measured at the point of withdrawal, and the amount of groundwater received by the groundwater user from an irrigation district or other source.
A.R.S. § 45-160 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 160
45-160 Limitation on time of completion of construction; exception
Status: in_force

45-160. Limitation on time of completion of construction; exception

Actual construction, except under applications by a city or town for municipal uses, shall begin within two years after approval of the application, and shall be prosecuted with reasonable diligence and completed within a reasonable time which shall be fixed in the permit at not to exceed five years from the date of approval. The director shall, for good cause shown, extend the time beyond the five-year period if the magnitude, physical difficulties and cost of the work justify extension.
A.R.S. § 45-185 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 185
45-185 Filing of claim not deemed adjudication of right; presumption; exemption
Status: in_force

45-185. Filing of claim not deemed adjudication of right; presumption; exemption

A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use of waters as between the person and the state, or as between one or more persons asserting the water right, and the date of filing under this article shall have no effect upon the priority of such rights. A statement of claim is not admissible in evidence for the purpose of demonstrating that water diverted or withdrawn and beneficially used is appropriable under section 45-141, subsection A, but a statement of claim is admissible in evidence as a rebuttable presumption of the truth and accuracy of the contents of the claim.

B. Wells used to produce water exclusively for domestic or stock watering purposes are exempt from the provisions of this article, but the granting of this exemption shall not establish the presumption that a water right exists.
A.R.S. § 45-2423 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2423
45-2423 Powers and duties of authority
Status: in_force

45-2423. Powers and duties of authority

A. The authority, acting through its commission, shall:

1. Administer the Arizona water banking fund in accordance with this chapter.

2. Coordinate its staffing needs with the director and CAWCD.

3. Coordinate the storage of water and distribution and extinguishment of long-term storage credits with the director in accordance with this chapter and the water management objectives set forth in chapter 2 of this title.

4. Coordinate with CAWCD for the purchase, delivery and storage of Colorado river water delivered through the central Arizona project in accordance with this chapter and confer with CAWCD regarding the purchase of long-term storage credits for which CAWCD will be the recovery agent.

5. Coordinate and confer with state agencies, municipal corporations, special districts, authorities, other political subdivisions, private entities, Indian communities and the United States on matters within their jurisdiction relating to the policy and purposes of this chapter.

6. Determine, on an annual basis, the quantity of Colorado river water, surface water other than Colorado river water and effluent to be stored by the authority and where that storage will occur.

7. Account for, hold and distribute or extinguish long-term storage credits in accordance with this chapter.

8. Comply with all aspects of chapter 3.1 of this title.

9. Perform the authority's replenishment responsibilities under chapter 15, article 3 of this title with monies appropriated from the state general fund by the legislature for that purpose and to the extent that monies appropriated by the legislature for that purpose are not available, with monies collected in the Pinal active management area pursuant to section 45-611, subsection C, paragraph 3.

10. Carry out the obligations of this state under section 105 of Public Law 108-451 as agent for this state, including the direct delivery of water to Indian communities in this state and the leasing of non-Indian agricultural priority and Indian priority central Arizona project water as prescribed by article 5 of this chapter.

11. Adopt an official seal for the authentication of its records, decisions and resolutions.

12. Keep the minutes of its meetings and all records, reports and other information relating to its work and programs in permanent form, systematically indexed and filed.

B. The authority, acting through its commission, may:

1. Apply for and hold water storage permits.

2. Accrue, purchase, exchange, assign, lend and hold long-term storage credits in accordance with this chapter, subject to the following:

(a) Except for the purchase of long-term storage credits from an Indian community pursuant to section 45-841.01, the authority may purchase long-term storage credits only after the authority has stored or scheduled for storage all available excess central Arizona project water or when central Arizona project water is otherwise unavailable or undeliverable.

(b) Long-term storage credits accrued or purchased by the authority must be distributed or extinguished in accordance with the rules of operation specified in section 45-2457 for the monies used by the authority to accrue or purchase the credits.

3. Exchange Colorado river water for any type of water in accordance with chapter 4 of this title.

4. Enter into water banking services agreements.

5. Charge fees for water banking services.

6. Apply for and hold any water quality permit required for water storage by the department of environmental quality under title 49, chapter 2, article 3 or by federal law.

7. Make and execute all contracts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, that shall be signed by the chairperson, or in the chairperson's absence the vice-chairperson, and attested by the secretary, necessary to:

(a) Obtain for storage Colorado river water delivered through the central Arizona project.  Agreements by which the authority obtains Colorado river water are exempt from the requirements of title 41, chapter 23.

(b) Obtain effluent or surface water other than Colorado river water for storage but only after the authority has stored or scheduled for storage all available excess Central Arizona project water or when central Arizona project water is otherwise unavailable or undeliverable.

(c) Affiliate water storage permits held by the authority with storage facility permits.

(d) Store water for purposes of this chapter at permitted storage facilities.

(e) Distribute long-term storage credits accrued or purchased by the authority to make water available to municipal and industrial users of Colorado river water in this state that are inside or outside of the CAWCD service area, in accordance with the provisions of this chapter.

(f) Store Colorado river water in Arizona on behalf of appropriately authorized agencies in California and Nevada.

(g) Cause a decrease in Arizona diversions from the Colorado river, ensuring that Arizona will use less than its full entitlement to Colorado river water in years in which California and Nevada agencies are contractually authorized to call on the water stored on their behalf by the authority.

(h) Distribute long-term storage credits earned by the authority on behalf of agencies in California and Nevada to Colorado river water users in Arizona to use in place of Colorado river water that would have otherwise been used by those Arizona users.

(i) Replenish water pursuant to chapter 15, article 3 of this title, including entering into an intergovernmental agreement with the Gila river Indian community pursuant to section 45-2624.

(j) Distribute long-term storage credits accrued or purchased by the authority to make water available to Indian communities in this state for Indian firming measures pursuant to article 5 of this chapter.

8. Sue and be sued.

9. Perform all other acts necessary for the authority to carry out its purposes, powers and duties in accordance with this chapter.

10. Submit a request for a general fund appropriation to the legislature each year.  A request shall be accompanied by a budget detailing how the appropriation would be used and justifying the need for the appropriation.

11. Form temporary committees as deemed necessary by the authority to provide the authority with advice on issues identified by the authority. Advisory committees may consist of members of the public selected by the authority, members of the authority and authority staff.
A.R.S. § 45-2654 — Arizona Code / Title 45 / Chapter 15 / Article 6 / Section 2654
45-2654 Violation; classification
Status: in_force

45-2654. Violation; classification

Unless otherwise provided, a person who knowingly violates or refuses to comply with this chapter or an order issued pursuant to this chapter is guilty of a class 2 misdemeanor.  A person who, after notice of a violation, continues in violation of this chapter or an order issued pursuant to this chapter is guilty of a separate offense for each day of violation.
A.R.S. § 45-1922 — Arizona Code / Title 45 / Chapter 11 / Article 2 / Section 1922
45-1922 Meetings; notice
Status: in_force

45-1922. Meetings; notice

A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairman or a majority of the members of the board. The secretary-treasurer shall give at least three days' notice of each meeting to each member of the board in addition to the public notices required by law.

B. The authority is a public body for purposes of title 38, chapter 3, article 3.1.
A.R.S. § 45-516 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 516
45-516 Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit
Status: in_force

45-516. Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit

A. The director may issue a permit to a non-irrigation user to withdraw poor quality groundwater if he determines that the groundwater to be withdrawn because of its quality has no other beneficial use at the present time and that the withdrawal of such groundwater is consistent with the management plan.

B. A permit issued pursuant to this section may be issued for a period of up to thirty-five years, subject to subsection C. The director shall determine the duration of the permit on the basis of the estimated life of the source of poor quality groundwater.

C. The director shall monitor withdrawals of groundwater pursuant to poor quality groundwater withdrawal permit and shall terminate the permit if the conditions specified in subsection A no longer apply.
A.R.S. § 45-498 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 498
45-498 Maps of service areas
Status: in_force

45-498. Maps of service areas

A. Each city, town, private water company and irrigation district in an active management area shall maintain a current map clearly delineating its service area and distribution system in the director's office and shall furnish such other related data as the director may require. In addition:

1. Each city and town shall maintain a current map of its service area and distribution system in its city or town clerk's office.

2. Each private water company and irrigation district shall maintain a current map of its service area and distribution system in its offices.

B. All maps required by this section shall be available for examination by the public at reasonable times.
A.R.S. § 45-599 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 599
45-599 Permit application; contents; correction of defective application; issuance of permit; fee
Status: in_force

45-599. Permit application; contents; correction of defective application; issuance of permit; fee

A. An application for a permit to construct a new well or replacement well in a new location shall be made on a form that is prescribed and furnished by the director and that includes:

1. The name and mailing address of the applicant.

2. The legal description of the land upon which the new well is proposed to be constructed and the name and mailing address of the owner of the land.

3. The legal description of the proposed location of the new well on the land.

4. If for a replacement well, the legal description of the land upon which the original well is located, the name and mailing address of the owner of the land, the legal description of the location of the original well on the land, the depth and diameter of the original well and evidence of proper abandonment.

5. The depth, diameter and type of casing of the new well.

6. Such legal description of the land upon which the groundwater is proposed to be used as may be required by the director to administer this chapter.

7. When construction is to begin.

8. The proposed use of the groundwater to be withdrawn.

9. The design pumping capacity of the new well.

10. The name and well driller's license number of the well driller who is to construct the well.

11. The estimated time required to complete the well, if more than one year from the date of receipt of the permit.

12. Such other information including any maps, drawings and data as the director may require.

B. Upon receipt of a permit application and the fee required by subsection J of this section, the director shall endorse on the application the date of its receipt. If the application is incorrect or incomplete, the director may request additional information from the applicant. The director may conduct independent investigations as may be necessary to determine whether the application should be approved or rejected.

C. The director shall approve an application for a permit for a new well or a replacement well in a new location if the proposed well complies with the rules adopted pursuant to section 45-598, subsection A and, if the proposed well is in the Santa Cruz active management area, if the location of the proposed well is consistent with the management plan for the active management area.

D. Except as provided in subsection E of this section, within sixty days of receipt of a complete and correct application and the fee required by subsection J of this section, the director shall approve or reject the application and mail notice of the action to the applicant.

E. If the director determines that an administrative hearing should be held before approving or rejecting an application, the director shall notify the applicant of the date of the hearing within sixty days of receipt of the complete and correct application and the fee required by subsection J of this section.

F. If at the request of the applicant the director determines that an emergency exists, the director shall expedite all decisions under this section.

G. If the application is approved, the director shall issue a permit and the applicant may proceed to construct the well. If the application is rejected, the applicant shall not proceed with construction of the well. The well shall be completed within one year of receipt of the permit, unless the director in granting the permit approves a longer period to complete the well. If the well is not completed within one year or the longer period approved by the director, the applicant shall file a new application before proceeding with construction.

H. The permit shall state the following:

1. The legal description of the land upon which the well may be constructed.

2. The legal description of the location of the new well on the land.

3. The depth and diameter of the well and type of casing.

4. The maximum pumping capacity of the well.

5. The legal description of the land upon which the groundwater will be used.

6. The use of the groundwater to be withdrawn.

7. The latest date for completing the well.

I. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.

J. An application for a permit filed under this section shall be accompanied by a filing fee of one hundred fifty dollars.  The director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected pursuant to this subsection in the well administration and enforcement fund established by section 45-606.
A.R.S. § 45-483 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 483
45-483 Designation of protected farmland; notice; revocation of designation; irrigation water duty; assured water supply credit for extinguishment of irrigation grandfathered right prohibited
Status: in_force

45-483. Designation of protected farmland; notice; revocation of designation; irrigation water duty; assured water supply credit for extinguishment of irrigation grandfathered right prohibited

A. A person who owns land within an active management area that is legally entitled to be irrigated with groundwater pursuant to an irrigation grandfathered right may apply to the director for designation of the land as protected farmland.  On receipt of an application, the director shall grant the application and designate the land identified in the application as protected farmland if the director determines that the land is subject to a conservation easement that prohibits the development of the land for nonagricultural uses pursuant to the federal farmland protection program established by Public Law 104-127 (110 Stat. 888).

B. A person who owns land that has been designated by the director as protected farmland pursuant to subsection A of this section shall notify the director in writing if the conservation easement in the land terminates.  The notice shall be given within thirty days after the termination of the easement and shall specify the reason for the termination.

C. After the director designates land as protected farmland pursuant to subsection A of this section, the director shall revoke the designation if either of the following applies:

1. The conservation easement in the land has terminated. If the director revokes a designation of protected farmland under this paragraph, the director shall determine at that time whether the conservation easement terminated because a partial or full condemnation of the land made farming impracticable. The director shall give written notice of the revocation and of the director's determination of whether the easement terminated because a partial or full condemnation of the land made farming impracticable to the owner at the owner's last address on file with the department.

2. The owner of the land has requested the director to revoke the designation and the conservation easement in the land has not terminated.

D. Notwithstanding any other law, if the director designates land as protected farmland pursuant to subsection A of this section, the irrigation water duty for the land shall be the irrigation water duty in effect for the land under the applicable management plan when the application for designation was filed, including any subsequent adjustments to that water duty as a result of an application for administrative review filed with the director pursuant to section 45-575, subsection A. If the director revokes the designation of protected farmland pursuant to subsection C of this section, the irrigation water duty for the land shall be the irrigation water duty established for the land in the applicable management plan pursuant to section 45-566, 45-567 or 45-568.

E. Notwithstanding any other law or rule, the director shall not establish or grant an assured water supply credit for the extinguishment of an irrigation grandfathered right under the rules adopted by the director pursuant to section 45-576, subsection H if the land to which the irrigation grandfathered right is appurtenant was previously designated by the director as protected farmland pursuant to subsection A of this section. This subsection shall not apply to land that was designated by the director as protected farmland if the director revoked the designation pursuant to subsection C, paragraph 1 of this section and the director determined at that time that the conservation easement in the land was terminated because a partial or full condemnation of the land made farming impracticable.

F. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.
A.R.S. § 45-2472 — Arizona Code / Title 45 / Chapter 14 / Article 4 / Section 2472
45-2472 Distribution of long-term storage credits
Status: in_force

45-2472. Distribution of long-term storage credits

A. The authority may distribute long-term storage credits accrued through the use of monies paid by California and Nevada agencies pursuant to interstate banking agreements to CAWCD or other users of Colorado river water in this state, if both of the following apply:

1. CAWCD or other water user agrees to use the long-term storage credits to replace diversions that otherwise would have been made from the Colorado river.

2. CAWCD or other water user agrees to reduce its diversion of Colorado river water in years in which the authority is obligated to recover stored water on behalf of a California or Nevada agency in an amount equivalent to the long-term storage credits distributed.

B. The authority may pay from the monies collected from the California or Nevada agency in the banking fund to CAWCD or other users of Colorado river water that have agreed to reduce diversions from the Colorado river in accordance with subsection A the amount necessary to compensate CAWCD or other water user for increased costs incurred in recovering and using the stored water in place of diverting Colorado river water.
A.R.S. § 45-802.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 1 / Section 802.01
45-802.01 Definitions
Status: in_force

45-802.01. Definitions

Unless the context otherwise requires, the terms defined in section 45-402 have the same meanings in this chapter and:

1. "Aquifer" means a geologic formation that contains sufficient saturated material to be capable of storing water and transmitting water in usable quantities to a well.

2. "Area of impact" means, as projected on the land surface, the area where the stored water has migrated or is located.

3. "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund".

4. "Constructed underground storage facility" means a facility that meets the requirements of section 45-811.01 and that is designed and constructed to store water underground pursuant to permits issued under this chapter.

5. "District" means a groundwater replenishment district established under title 48, chapter 27.

6. "District member" means a member of the groundwater replenishment district as provided by title 48, chapter 27.

7. "Electrical district" means a corporate body established pursuant to title 48, chapter 12.

8. "Existing effluent managed underground storage facility" means a managed underground storage facility that meets one of the following conditions:

(a) The facility is operated pursuant to a storage facility permit that the director issued before January 1, 2019 and that authorizes the storage of effluent at the facility.

(b) The facility is operated pursuant to a renewed or modified storage facility permit that the director issued after January 1, 2019 if the facility qualified as an existing effluent managed underground storage facility under subdivision (a), (c) or (d) of this paragraph at any time before the renewal or modification.

(c) The facility is operated pursuant to a permit that the director issued after January 1, 2019 and that authorizes the storage of effluent at a location where the permit holder was authorized to store effluent pursuant to a storage facility permit that the director issued before January 1, 2019.

(d) The facility is operated pursuant to a permit that the director issued after January 1, 2019 and that authorizes the storage of effluent at the facility, and the application to operate the facility was on file with the director as of January 1, 2019.

9. "Groundwater savings facility" means a facility that meets the requirements of section 45-812.01 in an active management area or an irrigation non-expansion area at which groundwater withdrawals are eliminated or reduced by recipients who use in lieu water on a gallon-for-gallon substitute basis for groundwater that otherwise would have been pumped from within that active management area or irrigation non-expansion area.

10. "In lieu water" means water that is delivered by a storer to a groundwater savings facility pursuant to permits issued under this chapter and that is used in an active management area or an irrigation non-expansion area by the recipient on a gallon-for-gallon substitute basis for groundwater that otherwise would have been pumped from within that active management area or irrigation non-expansion area.

11. "Long-term storage account" means an account established pursuant to section 45-852.01.

12. "Long-term storage credit" means stored water that meets the requirements of section 45-852.01 and that has been credited to a long-term storage account.

13. "Managed underground storage facility" means a facility that meets the requirements of section 45-811.01 and that is designed and managed to utilize the natural channel of a stream to store water underground pursuant to permits issued under this chapter through artificial and controlled releases of water other than surface water naturally present in the stream.  Surface water flowing in its natural channel is not a managed underground storage facility.

14. "Master replenishment account" means an account established pursuant to section 45-858.01 for a groundwater replenishment district.

15. "Recipient" means a person who receives in lieu water for use at a groundwater savings facility.

16. "Recoverable amount" means the amount of water, as determined by the director, that will reach the aquifer through water storage.

17. "Replenishment" means the storage of water or use of long-term storage credits by a groundwater replenishment district to fulfill its duties under title 48, chapter 27, article 3, by a multi-county water conservation district to fulfill its duties under title 48, chapter 22, article 4 or by an active management area water district to fulfill its duties under title 48, chapter 28, article 7.

18. "Reserve target" has the same meaning prescribed in section 48-3701.

19. "Storage facility" means a groundwater savings facility or an underground storage facility.

20. "Stored water" means water that has been stored or saved underground pursuant to a storage permit issued under this chapter.

21. "Storer" means the holder of a water storage permit issued pursuant to section 45-831.01 or a person to whom a water storage permit has been conveyed pursuant to section 45-831.01, subsection F.

22. "Underground storage facility" means a constructed underground storage facility or a managed underground storage facility.

23. "Water that cannot reasonably be used directly" means water that the storer cannot reasonably put to a direct use during the calendar year, including:

(a) Except as provided in subdivision (b) or except for an agricultural improvement district as provided in subdivision (d), if the storer is a municipal provider, the amount of central Arizona project water that exceeds the amount of mined groundwater withdrawn during the calendar year by the storer in the active management area in which the storer's service area is located. If the storer withdrew mined groundwater during a calendar year in which the storer stored central Arizona project water underground pursuant to the storage permit, the amount of central Arizona project water stored underground during that year equal to the amount of mined groundwater withdrawn from the active management area in which the storer's service area is located shall not be credited to the storer's long-term storage account but may be considered as being available for recovery by the storer on an annual basis under section 45-851.01. In calculating the amount of mined groundwater withdrawn by the storer from the active management area, the director, at the request of the storer, shall exclude any groundwater withdrawn, treated and delivered for direct use as part of a remedial action undertaken pursuant to CERCLA or title 49, chapter 2, article 5. For the purposes of this subdivision, "mined groundwater" and "municipal provider" have the same meanings prescribed in section 45-561.

(b) If the storer is a municipal provider that has been designated as having an assured water supply pursuant to section 45-576, the amount of central Arizona project water that exceeds the amount of deficit groundwater withdrawn during the calendar year by the storer in the active management area in which the storer's service area is located. If the storer withdrew deficit groundwater during a calendar year in which the storer stored central Arizona project water underground pursuant to the storage permit, the amount of the central Arizona project water stored underground during that year equal to the amount of deficit groundwater withdrawn from the active management area in which the storer's service area is located shall not be credited to the storer's long-term storage account but may be considered as being available for recovery by the storer on an annual basis pursuant to section 45-851.01. In calculating the amount of deficit groundwater withdrawn by the storer from the active management area, the director, at the request of the storer, shall exclude any groundwater withdrawn, treated and delivered for direct use as part of a remedial action undertaken pursuant to CERCLA or title 49, chapter 2, article 5. For the purposes of this subdivision, "municipal provider" has the same meaning prescribed in section 45-561 and "deficit groundwater" means that amount of groundwater withdrawn within an active management area for delivery and use within a service area by a municipal provider in excess of the amount of groundwater that may be withdrawn by the municipal provider consistent with the achievement of the active management area's management goals as prescribed by rules adopted by the director pursuant to section 45-576.

(c) Except as provided in subdivision (d), if the storer is not a municipal provider, the amount of central Arizona project water stored in an active management area that exceeds the amount of groundwater withdrawn during the calendar year by the storer in that active management area. If the storer withdrew groundwater in an active management area during a calendar year in which the storer stored central Arizona project water underground in that active management area pursuant to the storage permit, the amount of central Arizona project water stored underground during that year equal to the amount of groundwater withdrawn from the active management area shall not be credited to the storer's long-term storage account but may be considered as being available for recovery by the storer on an annual basis under section 45-851.01. For the purposes of this subdivision, "municipal provider" has the same meaning prescribed in section 45-561. In calculating the amount of groundwater withdrawn by the storer from the active management area, the director, at the request of the storer, shall exclude:

(i) The amount of any groundwater withdrawn, treated and delivered for direct use as part of a remedial action undertaken pursuant to CERCLA or title 49, chapter 2, article 5.

(ii) The amount of groundwater withdrawn by the storer during the year for mineral extraction or metallurgical processing if the storer was engaged in mineral extraction and metallurgical processing within an initial active management area on or before January 1, 2011.

(d) The amount of central Arizona project water stored in an active management area in any year after 1994 by an agricultural improvement district established pursuant to title 48, chapter 17 for use at those portions of electrical generating facilities that are constructed or expanded after June 12, 1980, subject to both of the following:

(i) If groundwater was used during a year in an active management area at those portions of the electrical generating facilities that were owned and operated by the agricultural improvement district and that were constructed or expanded after June 12, 1980, the amount of the central Arizona project water stored during that year equal to the amount of the groundwater withdrawn during the year for use at those portions of the facilities that were owned and operated by the agricultural improvement district and that were constructed or expanded after June 12, 1980 shall not be credited to the agricultural improvement district's long-term storage account but may be considered as being available for recovery by the agricultural improvement district on an annual basis under section 45-851.01.

(ii) Long-term storage credits accrued as a result of the storage of the central Arizona project water may be recovered within the active management area by the agricultural improvement district only for the purpose of providing central Arizona project water to electrical generating facilities that were owned and operated by the agricultural improvement district and only pursuant to any water requirement included in a facility's certificate of environmental compatibility.  Subject to section 45-854.01, the long-term storage credits may be assigned by the agricultural improvement district only to the owner of an electrical generating facility for use pursuant to any water requirement included in that facility's certificate of environmental compatibility.

(e) Surface water made available by dams constructed or modified after August 13, 1986.

(f) Effluent.

(g) If the storage facility is in an active management area, water from outside the active management area that would not have reached the active management area without the efforts of the storer.

(h) If the storage facility is outside of an active management area, water from outside the groundwater basin in which the storage facility is located that would not have reached the groundwater basin without the efforts of the storer.

(i) Water that is delivered through the central Arizona project and that is acquired by the Arizona water banking authority.

24. "Water storage" means adding water to an aquifer or saving water in an aquifer pursuant to permits issued under this chapter.

25. "Water storage permit" means a permit issued pursuant to section 45-831.01 to store water at a storage facility.
A.R.S. § 45-571 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 571
45-571 Findings upon hearing; order for adoption of management plan; publication
Status: in_force

45-571. Findings upon hearing; order for adoption of management plan; publication

A. Within thirty days after the hearing, the director shall make and file in the department a written summary and findings with respect to matters considered during the hearing.

B. If in the findings the director decides to adopt the management plan, the director shall make and file an order adopting the plan pursuant to the findings. If the director determines that modifications in the management plan are necessary, the director shall make such modifications and make and file an order adopting the modified plan and include the director's reasons for the modifications.

C. A summary of the management plan, findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. The factual data compiled by the director, a transcript of the hearing, a copy of the findings and a copy of the management plan are public records of the department and shall be available for examination by the public during regular business hours.

D. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.
A.R.S. § 45-561 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 561
45-561 Definitions
Status: in_force

45-561. Definitions

In this article, unless the context otherwise requires:

1. "Aquifer" means a geologic formation that contains sufficient saturated materials to be capable of storing water and transmitting water in usable quantities to a well.

2. "Augmentation" means to supplement the water supply of an active management area and may include the importation of water into the active management area, storage of water or storage of water pursuant to chapter 3.1 of this title.

3. "Incidental recharge" means the percolation of water to an aquifer after the water has been withdrawn, diverted or received for delivery by a municipal provider for use within its service area, except water that is added to an aquifer pursuant to chapter 3.1 of this title.

4. "Incidental recharge factor" means the ratio of the amount of incidental recharge attributable to a municipal provider during a calendar year to the amount of water withdrawn, diverted or received for delivery by the municipal provider for use within its service area during the year. The amount of incidental recharge attributable to a municipal provider during a calendar year is the amount of water that is incidentally recharged during the year after it is withdrawn, diverted or received for delivery by the municipal provider for use within its service area.

5. "Industrial use" means a non-irrigation use of water not supplied by a city, town or private water company, including animal industry use and expanded animal industry use.

6. "Intermediate water duty" means an irrigation water duty, as defined in section 45-402, which is established by the director during a management period to apply for a specific number of years during the management period.

7. "Large untreated water provider" means a municipal provider that as of January 1, 1990 was serving untreated water to at least five hundred persons or supplying at least one hundred acre-feet of untreated water during a calendar year.

8. "Management period" means a period of years prescribed by sections 45-564 through 45-568 during which a prescribed management plan applies.

9. "Mined groundwater" means the amount of groundwater withdrawn or received by a municipal provider from within an active management area during a calendar year for use in its service area, minus both of the following, as applicable:

(a) An amount of water computed by multiplying the amount of water supplied by the municipal provider for use within its service area during the calendar year by the incidental recharge factor established for the municipal provider pursuant to this article.

(b) If the municipal provider is a city or town in the Tucson active management area, the amount of groundwater withdrawn by the municipal provider during the calendar year from land owned or leased by the municipal provider to which a type 1 non-irrigation grandfathered right under section 45-463, subsection A is appurtenant, up to the following amount:

(i) If the municipal provider has made a request to the director as described in section 45-463, subsection F, the amount of groundwater computed by the director under section 45-463, subsection F, in determining whether to designate or redesignate the municipal provider as having an assured water supply, minus the amount of any groundwater withdrawn by the municipal provider from the land during the period beginning with January 1 of the year in which the request was made and ending on December 31 of the year immediately preceding the calendar year for which the calculation of mined groundwater is being made.

(ii) If the municipal provider has not made a request to the director as described in section 45-463, subsection F, the amount of groundwater that the director would have been required to include in determining whether to designate or redesignate the municipal provider as having an assured water supply, as computed under section 45-463, subsection F, if the municipal provider had made a request to the director as described in that subsection on January 1 of the calendar year for which the calculation of mined groundwater is being made.

10. "Municipal provider" means a city, town, private water company or irrigation district that supplies water for non-irrigation use.

11. "Municipal use" means all non-irrigation uses of water supplied by a city, town, private water company or irrigation district, except for uses of water, other than Colorado river water, released for beneficial use from storage, diversion or distribution facilities to avoid spilling that would otherwise occur due to uncontrolled surface water inflows that exceed facility capacity.

12. "Safe-yield" means a groundwater management goal which attempts to achieve and thereafter maintain a long-term balance between the annual amount of groundwater withdrawn in an active management area and the annual amount of natural and artificial recharge in the active management area.

13. "Small municipal provider" means a municipal provider that supplies two hundred fifty acre-feet or less of water for non-irrigation use during a calendar year. For purposes of this paragraph, the amount of untreated water that is supplied by a large untreated water provider during a year shall not be counted in determining whether the municipal provider supplied two hundred fifty acre-feet or less of water for non-irrigation use.

14. "Untreated water" means water that is not treated to improve its quality and that is supplied by a municipal provider through a distribution system other than a potable water distribution system.
A.R.S. § 45-1996 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1996
45-1996 Provisions of bonds; sale
Status: in_force

45-1996. Provisions of bonds; sale

A. The bonds shall provide that:

1. The bond is purchased and taken after a complete disclosure and with a full knowledge of all of the surrounding relevant facts and circumstances and not on the representation, faith or credit of the authority, this state or any of its political subdivisions.

2. The holder in order to obtain payment may not compel this state or any of its political subdivisions to exercise its appropriation or taxing power.

3. The bond does not constitute a debt of this state, any political subdivision of this state or any operating unit and is payable only from revenues of the authority.

B. The gross or net revenue derived from any project or any part of a project may be pledged to secure the payment of any series of bonds.

C. The authority may provide for reimbursement to the holder of all expenses of litigation and attorney fees incurred in collecting the bonds in the event of default and may provide for and fix the powers and duties of a trustee if necessary to enforce collection. Bond resolutions, agreements and bonds may be in such form and may contain such other conditions and terms as the authority deems appropriate or necessary to make the bonds fully salable and marketable.

D. The authority may provide that any holder of bonds, or a trustee designated by the authority at the time of issuing the bonds, on proper showing may secure an order of the superior court requiring the authority, subject to the contracts with operating units then in effect, to fix and collect rates and charges that will produce adequate revenues to permit setting up adequate yearly reserves with which to meet future payments according to the terms of the bond.

E. All bonds issued by the authority and agreements of the authority with respect to bonds are subject to this chapter, and no bond or agreement may contain any provision in conflict with this chapter. An amendment of this chapter does not diminish or impair the remedy and rights of the bondholder.

F. The bonds shall be signed by the chairman or vice-chairman and the secretary-treasurer of the authority in office at the date of signing and are valid obligations of the authority although before delivery or sale the persons whose signatures appear on the bonds may have ceased to be officers of the authority.

G. The validity of the bonds is not dependent on or affected by the legality of any proceeding relating to the acquisition, construction, improvement or extension of a project for which the bonds are issued. The bonds shall recite that they are regularly issued pursuant to this chapter and that recital is prima facie evidence of their legality and validity.

H. Bonds so issued may be sold when the money is needed for the purposes for which they are issued. Pending the preparation or execution of definite bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser or purchasers of bonds.
A.R.S. § 45-104 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 104
45-104 Department organization; deputy directors; employees; legal counsel; branch offices; consultants
Status: in_force

45-104. Department organization; deputy directors; employees; legal counsel; branch offices; consultants

A. The director may establish and organize divisions within the department and otherwise organize the department in the manner the director deems necessary to make the operation of the department efficient and effective.

B. The director may appoint a deputy director to each division or organizational unit that the director may establish.  Subject to title 41, chapter 4, article 4, deputy directors shall serve at the pleasure of the director and are entitled to receive compensation pursuant to section 38-611.

C. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, the director may employ, define the duties of and prescribe the terms and conditions of employment of such clerical, technical, professional and administrative personnel as necessary to efficiently perform the responsibilities of the department.  Compensation for all employees shall be pursuant to section 38-611.

D. The director may employ on a contract basis geologists, hydrologists, consulting engineers, other expert consultants and engineering and other assistants as the director deems advisable, who are not subject to the classification provided for in title 41, chapter 4, article 5.

E. The director may utilize the services of accounting, legal or engineering personnel made available by any department or agency of this state, who shall serve without additional compensation.

F. Subject to title 41, chapter 4, article 4, the director may employ legal counsel to advise and represent the department in connection with legal matters before other departments and agencies of this state, and represent the department and this state in litigation concerning affairs of the department.  Legal counsel is not subject to the classification provided for in title 41, chapter 4, article 5.

G. The director shall maintain the director's office in Phoenix and may establish a branch office of the department in each active management area established pursuant to chapter 2, article 2 of this title.

H. The director on behalf of the department may contract with private consultants for the purposes of assisting the department in reviewing applications for licenses, permits or other authorizations to determine whether an applicant meets the criteria for issuance of the license, permit or other authorization.  If the department contracts with a consultant under this subsection, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and by agreeing to pay the department the costs of the consultant's services. Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to this subsection are appropriated to the department for use in paying consultants for services.
A.R.S. § 45-156 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 156
45-156 Legislative authorization for appropriation of water to generate power
Status: in_force

45-156. Legislative authorization for appropriation of water to generate power

A. An application for appropriation of waters of a stream within the state for generating electric energy in excess of twenty-five thousand horsepower, or an application for a permit to build a dam for generating hydroelectric energy on a stream within the state in excess of twenty-five thousand horsepower, shall not be approved or granted unless authorized by an act of the legislature.

B. Except as otherwise prescribed by this section, a change in the use of water appropriated for domestic, municipal or irrigation uses shall not be made without approval of the director, and if the change contemplates generating hydroelectric energy or power of over twenty-five thousand horsepower, approval shall not be granted unless authorized by an act of the legislature.

C. The provisions of subsections A and B of this section requiring legislative authorization for the appropriation or use of water to generate electric energy in excess of twenty-five thousand horsepower and for the building of a dam for generating hydroelectric energy in excess of twenty-five thousand horsepower shall not apply to the generation of electricity by facilities constructed prior to January 1, 1985 as part of a federally authorized reclamation project or by an agricultural improvement district organized pursuant to title 48, chapter 17.

D. Subsection C of this section shall not affect the priority dates for facilities constructed prior to January 1, 1985, or the following components and appurtenant works:

1. New Waddell dam.

2. Cliff dam.

3. Increase in storage capacity of Roosevelt dam.

4. Modification of Stewart mountain dam.
A.R.S. § 45-893.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 893.01
45-893.01 Application for project permits; application requirement; permit specifications
Status: in_force

45-893.01. Application for project permits; application requirement; permit specifications

A. A conservation district may apply to the director pursuant to articles 2 and 3 of this chapter for project permits for one or more state demonstration projects to be funded by account A of the state water storage fund established by section 45-897.01 and one or more projects to be funded by account B of the fund. Each project shall be located in either of the following:

1. A county for the benefit of which the account that funds the project was established.

2. A county that is adjacent to the county for the benefit of which the account that funds the project was established if both of the following apply:

(a) The project is within the same active management area as the county for which the account that funds the project was established.

(b) Water stored at the project will provide hydrologic benefit to the county for which the account was established.

B. In addition to the information required by articles 2 and 3 of this chapter, the conservation district's permit application shall contain plans for the state demonstration project and projections of the capital, operation and maintenance costs of the project, exclusive of water recovery costs. The plans and projections shall contain information adequate to permit the director to determine whether sufficient monies will be available from the state water storage fund to cover the projected costs of the proposed state demonstration project, considering all other obligations of the fund.

C. If the director approves the conservation district's project permit applications, the director shall specify in the permit or in a written memorandum of understanding between the director, the conservation district and the state treasurer the conditions under which and the timing pursuant to which monies shall be disbursed by the state treasurer to the conservation district from the state water storage fund. The permit or the memorandum of understanding:

1. Shall provide for the advancement to the conservation district of the capital, operation and maintenance costs of the project, exclusive of water recovery costs, and the advancement of additional necessary monies to the conservation district, if the monies initially advanced are insufficient to cover those costs.

2. Shall provide for the continuing disbursement from the fund of monies for the purchase of excess central Arizona project water.

3. May provide for the use of monies in the fund to cover the conservation district's costs of recovering, transporting and delivering the stored water and the costs of dismantling the project.

D. If the director approves the conservation district's application for the project permits, the conservation district may contract for excess central Arizona project water for storage in the state demonstration project and may enter into agreements with the director for the disposition of such water as provided in section 45-895.01.
A.R.S. § 45-1719 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1719
45-1719 Reversion of projects to state
Status: in_force

45-1719. Reversion of projects to state

When all bonds and notes issued under the provisions of this article to finance the state water and power plan and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and notes and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the holders of such bonds and notes, all projects then included in the state water and power plan shall thereafter be operated and maintained by the director and the authority, and water and power rates shall be reduced accordingly unless the legislature shall provide that the revenues therefrom shall be deposited in the general fund of the state, in the state water and power development fund or as the legislature may otherwise direct.
A.R.S. § 45-1046 — Arizona Code / Title 45 / Chapter 4 / Article 3 / Section 1046
45-1046 Revocation of water exchange permits
Status: in_force

45-1046. Revocation of water exchange permits

A. After an administrative hearing the director may permanently or temporarily revoke all or part of a water exchange permit for any of the following reasons:

1. A false statement in regard to a material issue in an application to initiate, modify or renew a permit, or a false statement in regard to a material issue in any report required to be filed by a person using water pursuant to the provisions of the permit.

2. A material violation of the terms of the permit.

3. Failure to exchange water pursuant to a permit for five or more consecutive years except for reasons beyond the control of the permit holders. During the first five years a permit is in effect, the parties may request, and the director may approve, an extension of this period for not more than an additional five years, if necessary to complete construction of facilities or other works to be used to effectuate a permitted exchange.

B. The director may revoke a water exchange permit with the written consent of the holders, and in such a case a hearing is not required.

C. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.
A.R.S. § 45-564 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 564
45-564 Management plan for first management period; guidelines
Status: in_force

45-564. Management plan for first management period; guidelines

A. For the first management period, 1980 to 1990, the director shall promulgate management plans for the Phoenix, Tucson and Prescott active management areas not later than January 1, 1983 and for the Pinal active management area not later than July 1, 1985. In each plan, the director shall establish:

1. An irrigation water duty for each farm unit in the active management area. The irrigation water duty shall be calculated as the quantity of water reasonably required to irrigate the crops historically grown in a farm unit and shall assume conservation methods being used in the state which would be reasonable for the farm unit including lined ditches, pump-back systems, land leveling and efficient application practices, but not including a change from flood irrigation to drip irrigation or sprinkler irrigation.

2. A conservation program for all non-irrigation uses of groundwater. For municipal uses, the program shall require reasonable reductions in per capita use and such other conservation measures as may be appropriate for individual users. For industrial uses including industrial uses within the exterior boundaries of the service area of a city, town, private water company or irrigation district, the program shall require use of the latest commercially available conservation technology consistent with reasonable economic return.

3. Economically reasonable conservation requirements for the distribution of groundwater by cities, towns, private water companies and irrigation districts within their service areas.

B. Within thirty days after the management plan for the first management period is adopted, the director shall give written notice of:

1. The irrigation water duty for the farm unit to each person in the farm unit who is entitled to withdraw or receive groundwater pursuant to an irrigation grandfathered right and to each person distributing groundwater pursuant to an irrigation grandfathered right.

2. The municipal conservation requirements included in the management plan for reductions in per capita use and for the use of appropriate conservation measures by individual users to each person who is entitled to withdraw or distribute groundwater for municipal use in the active management area.

3. The industrial conservation requirements included in the management plan for each person who is entitled to withdraw or receive groundwater for an industrial use in the active management area.

4. The conservation requirements included in the management plan for the distribution of groundwater by cities, towns, private water companies and irrigation districts within their service areas to each city, town, private water company and irrigation district in the active management area.

C. Except as provided in section 45-411.01, subsections A and B and except for a person who obtains a variance under section 45-574, and except as provided in subsection D of this section, all persons notified pursuant to subsection B of this section shall comply with the applicable irrigation water duty or conservation requirements within two years from the date of the notice and shall remain in compliance until the compliance date for any applicable irrigation water duty or conservation requirements established in the management plan for the second management period. A person who obtains a variance under section 45-574 shall comply with the applicable irrigation water duty or conservation requirements by the date specified in the variance and shall remain in compliance until the compliance date for any applicable irrigation water duty or conservation requirements established in the management plan for the second management period.

D. A municipal provider which distributes groundwater to an individual user for which an intermediate municipal conservation requirement has been established pursuant to section 45-565, subsection D is not responsible or accountable pursuant to the first management plan for a failure by the individual user to comply with the intermediate conservation requirement occurring on or after the compliance date for the intermediate conservation requirement.

E. In addition to the provisions of the management plan for the first management period prescribed by subsection A of this section, the director may include a program for the augmentation of the water supply of the Tucson active management area including incentives for artificial groundwater recharge.
A.R.S. § 45-2711 — Arizona Code / Title 45 / Chapter 16 / Article 2 / Section 2711
45-2711 Applications to drill nonexempt wells in the Tucson active management area; well impact analysis; requirements; exception
Status: in_force

45-2711. Applications to drill nonexempt wells in the Tucson active management area; well impact analysis; requirements; exception

A. Except as provided in subsections B and E of this section, in the Tucson active management area, on receipt of an application to drill a new nonexempt well, including a notice of intention to drill a new nonexempt well under section 45-596, the director shall conduct a hydrologic analysis to determine the projected impacts of the proposed withdrawals from the well on the water levels at the exterior boundaries of the reservation.  The director shall conduct the analysis using the methodology used by the director to determine well impacts under the rules adopted by the director under section 45-598.  If the director determines that the projected withdrawals from the well over the initial five-year period of withdrawals will cause a water level decline of ten feet or more at any point on the exterior boundaries of the reservation, the director shall deny the application unless the applicant obtains and submits to the director the nation’s written consent to drill the well.

B. Except as provided in subsection E of this section, if the director receives an application to drill a new nonexempt well, including a notice of intention to drill a new nonexempt well under section 45-596, at a location within two miles of the exterior boundaries of the reservation and the combined maximum pumping capacity of all proposed wells included in the application that will be located within two miles of the exterior boundaries of the reservation is five hundred gallons per minute or more, the director shall deny the application to drill the well unless the applicant submits one of the following to the director:

1. A hydrologic study demonstrating to the director’s satisfaction both of the following:

(a) That the water level at the proposed well site is declining at less than an average rate of two feet per year based on annual water level data collected during the five years before the date the application was filed.

(b) That the projected withdrawals from all of the proposed wells to be located within two miles of the exterior boundaries of the reservation over the initial five-year period of withdrawals will not cause a water level decline of ten feet or more at any point on the exterior boundaries of the reservation.

2. A hydrologic study demonstrating to the director’s satisfaction that the projected withdrawals from all of the proposed wells to be located within two miles of the exterior boundaries of the reservation over the initial five-year period of withdrawals will not cause a water level decline of five feet or more at any point on the exterior boundaries of the reservation.

3. The nation’s written consent to the drilling of the well.

C. In determining the water level declines caused by a proposed well under subsection B, paragraph 1 or 2 of this section, or in determining the average annual water level change at a proposed well site under subsection B, paragraph 1 of this section, the following shall not be considered:

1. The effects on water levels of pumping from wells within the reservation.

2. The effects on water levels of underground storage facilities located within two miles of the exterior boundaries of the reservation and recovery wells located within two miles of the exterior boundaries of the reservation, except that in determining the average annual water level change at a proposed well site under subsection B, paragraph 1 of this section, the storage of water at an underground storage facility located within two miles of the exterior boundaries of the reservation shall be considered if the water is stored by the applicant or by another person on behalf of the applicant.

D. For purposes of subsection B of this section, if an applicant submits two or more applications to drill a new nonexempt well within an eighteen-month period, the applications shall be considered one application.

E. This section does not apply to an application to drill a recovery well under section 45-834.01 if the recovery well will be located within two miles of the exterior boundaries of the reservation and will be permitted to recover only water stored at an underground storage facility located within one mile of the recovery well.

F. The director shall not issue a permit under section 45-513, 45-514, 45-516, 45-517, 45-518, 45-519 or 45-519.01 if the applicant for the permit proposes to withdraw groundwater from a new well or wells and the director is required to deny the application under this section.

G. An application for a permit to withdraw groundwater pursuant to chapter 2, article 7 of this title shall include a hydrologic study described in subsection B, paragraph 1 or 2 of this section or the consent described in subsection B, paragraph 3 of this section if the applicant proposes to withdraw groundwater from a new well or wells within two miles of the exterior boundaries of the reservation and the combined maximum pumping capacity of those wells is five hundred gallons per minute or more. This subsection does not apply to an application for a general industrial use permit under section 45-515.

H. A notice of intention to drill under section 45-596 shall include a hydrologic study described in subsection B, paragraph 1 or 2 of this section or the consent described in subsection B, paragraph 3 of this section if the proposed well or wells are nonexempt wells to be located within two miles of the exterior boundaries of the reservation and the combined maximum pumping capacity of those wells is five hundred gallons per minute or more.  Notwithstanding section 45-596, subsection D, the director shall not authorize the drilling of a well under section 45-596 if the director is required to deny the notice of intention to drill under this section.

I. An application for a permit to construct a new well or replacement well in a new location under section 45-599 shall include a hydrologic study described in subsection B, paragraph 1 or 2 of this section or the consent described in subsection B, paragraph 3 of this section if the proposed well or wells are within two miles of the exterior boundaries of the reservation and the combined maximum pumping capacity of those wells is five hundred gallons per minute or more.  Notwithstanding section 45-599, subsection C, the director shall deny an application for a permit for a new well or a replacement well in a new location under section 45-599 if the director is required to deny the application under this section.

J. An application for a recovery well permit under section 45-834.01 shall include a hydrologic study described in subsection B, paragraph 1 or 2 of this section or the consent described in subsection B, paragraph 3 of this section if the proposed recovery well or wells are within two miles of the exterior boundaries of the reservation and the combined maximum pumping capacity of those wells is five hundred gallons per minute or more. Notwithstanding section 45-834.01, subsection B, the director shall deny an application for a recovery well under section 45-834.01 if the director is required to deny the application under this section.
A.R.S. § 45-414 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 414
45-414 Findings upon hearing; order for active management area; publication
Status: in_force

45-414. Findings upon hearing; order for active management area; publication

A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an active management area, the director shall make and file an order designating the active management area.

B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. All factual data compiled by the director, a transcript of the hearing, a copy of the findings and a map identifying the lands included in the active management area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.

C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the active management area is located.
A.R.S. § 45-342 — Arizona Code / Title 45 / Chapter 1 / Article 14 / Section 342
45-342 System water plan; components; exceptions
Status: in_force

45-342. System water plan; components; exceptions

A. Except as provided in subsections D and E of this section, by the dates specified in subsections B or C of this section, each community water system shall prepare and submit to the director a system water plan that includes the following components:

1. A water supply plan.

2. A drought preparedness plan.

3. A water conservation plan.

B. Except as provided in subsection C of this section, a large community water system shall submit its first system water plan to the director on or before January 1, 2007, and shall submit an updated plan within six months prior to January 1 of every fifth calendar year thereafter. A small community water system shall submit its first system water plan to the director on or before January 1, 2008, and shall submit an updated plan within six months prior to January 1 of every fifth calendar year thereafter.  For a small community water system that submits its request to the director at least ninety days before the filing deadline, the director may extend the time for filing the first water system plan.  If a community water system revises its system water plan after submitting the plan to the director, the community water system shall submit the revised plan to the director within sixty days from the date of revision.

C. If more than one community water system serves water to residents within a city or town, two or more of the community water systems serving water to residents within that city or town may coordinate their efforts in preparing the plans required by this section and may submit a joint plan that contains the information required in this section for that portion of the community supplied by the community water systems instead of submitting individual water system plans.  Community water systems that submit a joint plan pursuant to this subsection shall submit the plan to the director by the date on which a small community water system is required to submit its system water plan under subsection B of this section.  The director may extend the time for filing the first water system plan for a joint plan that includes a small community water system if the request is received ninety days before the filing deadline.

D. A community water system that has been designated as having an assured water supply pursuant to section 45-576 is exempt from the requirement to submit a water supply plan under this section.

E. A community water system regulated as a large municipal provider under chapter 2, article 9 of this title is exempt from the requirement to submit a water conservation plan under this section.  The director shall exempt a community water system regulated as a small municipal provider under chapter 2, article 9 of this title from the requirement to submit a water conservation plan under this section if the community water system:

1. Petitions the director for an exemption prior to January 1, 2007.

2. Demonstrates, under reasonable growth projections, that it will be regulated as a large municipal provider under chapter 2, article 9 of this title prior to January 1, 2012.

F. A community water system that has previously submitted information required by this section to the director may make a written request to the director to be exempted from the requirement to submit the information in its system water plan.  The director shall grant the exemption if the director determines that the information is already on file with the department.

G. The director shall review a system water plan, including a revised plan, submitted by a community water system pursuant to subsection B of this section and shall notify the community water system in writing as to whether the plan complies with this section.  If the director determines that the plan does not comply with this section, the director shall give written notice of that determination to the community water system and give the community water system at least one hundred twenty days to make revisions or additions as are necessary to bring the plan into compliance.  If the community water system does not bring the plan into compliance by the date specified in the notice, the director shall provide notice of the noncompliance to the governing bodies of the cities, towns and counties located within the service area of the community water system.  If the director determines that the plan is in compliance with this section but that changes would improve the plan, the director shall give written notice of the changes to the community water system but the water system shall not be required to make the changes.

H. The water supply plan shall evaluate the water supply needs in the service area and propose a strategy to meet identified needs.  The plan shall include:

1. A list and description of service area lands, sources of supply, including emergency sources, well registration numbers and water levels at the well sites, if known, and storage and treatment facilities. The list shall not include water levels at well sites that are sources of supply for hard rock mining or metallurgical processing or industrial uses related to hard rock mining or metallurgical processing.

2. A map and description of existing transmission and distribution facilities, unless previously provided pursuant to section 45-498. For a small community water system a map is not required.

3. A description of monthly system production data categorized by the system's sources of supply and, for systems that use meters to measure withdrawals and diversions, a summary of system average daily demands, maximum monthly demands and an estimate of peak day demands for the past five years.

4. A list, description and map of existing interconnections unless previously provided pursuant to section 45-498, and the quantities of water sold to or purchased from other water systems during the previous five years, unless previously provided pursuant to section 45-632.  For a small community water system a map is not required.

5. An analysis of present and future water supply demands for the next five, ten and twenty years.

I. The drought preparedness plan shall be designed to meet the specific needs of the water system for which it applies and shall include:

1. The name, address and telephone number of the community water system and the names of the officers or other persons responsible for directing operations during a water shortage emergency.

2. Drought or emergency response stages providing for the implementation of measures in response to reduction in available water supply due to drought or infrastructure failure.

3. A plan of action that the community water system will take to respond to drought or water shortage conditions, including:

(a) Provisions to actively inform the public of the water supply shortage and a program for continued education and information regarding implementation of the drought preparedness plan.

(b) Development of emergency supplies, which may include identification of emergency or redundant facilities to withdraw, divert or transport substitute supplies of the same or other types of water.

(c) Specific water supply or water demand management measures for each stage of drought or water shortage conditions, subject to approval by the corporation commission if the community water system is a public service corporation. This requirement may be met by providing a curtailment tariff on file with the corporation commission.

J. The water conservation plan shall be designed to increase the efficiency of the water system, reduce waste and encourage consumer water conservation efforts.  The water conservation plan shall be designed to meet the specific needs of the community water system and shall include both demand and supply management measures including the following:

1. Feasible measures that may be implemented to determine and control lost and unaccounted for water.

2. Consideration of water rate structures that encourage efficient use of water, as set by the community water system’s governing body, subject to approval by the corporation commission if the community water system is a public service corporation.

3. A continuing conservation education program containing provisions to actively inform the public of drought conditions and information regarding conservation measures to reduce vulnerability from drought conditions, including:

(a) Curtailment of nonessential water uses.

(b) Affordable efficiency technologies for indoor and outdoor use.

(c) Rebate and retrofit programs for indoor and outdoor uses.

(d) Reuse and recycling programs.

K. The water conservation plan shall be implemented by the community water system within twelve months after receiving written notification from the director that the plan complies with this section.  For a community water system that receives a notice pursuant to subsection G of this section that the water conservation plan does not comply with this section, the water conservation plan shall be implemented within twelve months after the expiration of the date by which the system is required to make revisions or additions to the plan to bring it into compliance, as specified in the notice given to the system under subsection G of this section.

L. The director shall prepare forms that small community water systems may complete and submit as their system water plan under this section.  The director shall distribute the forms on a timely schedule and furnish them upon request.  Failure to receive or obtain a form does not relieve any community water system from the requirement to file a system water plan by the date prescribed in subsections B or C of this section.  The director of water resources shall coordinate with the corporation commission and the director of environmental quality in establishing the form to facilitate the reporting of similar or identical information to the department of water resources and the corporation commission or to the department of water resources and the department of environmental quality.

M. The director shall prepare a guidance document to assist community water systems in preparing the water system plan.  The director shall cooperate with cities and towns, private water companies and irrigation districts that are community water systems in developing the guidance document and the form described in subsection L of this section.
A.R.S. § 45-1426 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1426
45-1426 Limitations on powers
Status: in_force

45-1426. Limitations on powers

Notwithstanding section 45-1425, the board of supervisors of Pinal county shall not exercise any power or authority granted by section 45-1425, nor shall it undertake or cooperate in either the planning, authorization, construction, acquisition, extension, improvement, maintenance, or operation of any flood control structures, dams, systems or projects on any portion of a watershed supplying water to any dam and reservoir existing within the state of Arizona having a designed water storage capacity of fifty thousand acre feet or more, or to any existing diversion dam and canal system having facilities within the state of Arizona designed to divert and carry not less than one thousand cubic feet per second, without first having obtained the written consent of the agency, district, association, company or organization owning or operating or being served by such dam, reservoir, diversion dam and canal system. Such consent, however, shall only be required from irrigation districts and agricultural improvement districts organized pursuant to the laws of the state of Arizona as defined under title 48, and any other associations or organizations operating such dams, reservoirs, diversion dams and canal systems as a part of a federal reclamation project.
A.R.S. § 45-1711 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1711
45-1711 State water and power development fund
Status: in_force

45-1711. State water and power development fund

The state water and power development fund is established. The resolution or trust indenture of the authority securing the bonds or notes shall fix the amount and the provisions of the application of a bond reserve to be held by the state treasurer in such development fund. The surplus revenues as determined pursuant to section 45-1708 from each project included in the state water and power plan shall be deposited, pursuant to sections 35-146 and 35-147, in the fund in accordance with the agreement between the director and the authority referred to in section 45-1708, together with any other funds which may be made available for the purposes of this article, including funds from the state or federal government. Amounts in such development fund in excess of the bond reserve therein shall be paid by the state treasurer in such manner and at such times as shall be specified in the bond resolution or trust indenture securing such bonds or notes to the trustee appointed by the authority thereunder. The bond reserve in such development fund shall be applied by the state treasurer as provided in such resolution or trust indenture.
A.R.S. § 45-576.02 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.02
45-576.02 Replenishment district plans, conservation district plans and water district plans
Status: in_force

45-576.02. Replenishment district plans, conservation district plans and water district plans

A. A groundwater replenishment district that is established pursuant to title 48, chapter 27 shall submit to the director:

1. On or before January 1 of the second calendar year following the year in which the district is established, a preliminary plan describing the activities that the district proposes to undertake during the seventeen calendar years following submittal of the preliminary plan.

2. On or before January 1 of the twelfth calendar year following the year in which the district is established, a long-range plan describing the district's proposed activities through the first calendar year in which achieving safe-yield is required.

B. The district's plan shall include:

1. An estimate of the district members' replenishment obligations that will arise during the planning period.

2. A description of water resources that are expected to be available to the district during the planning period.

3. A description of any facilities and projects to be used for replenishment during the planning period.

4. An analysis of potential groundwater replenishment sites in each groundwater subbasin in the district.

5. A description of the district's financial capabilities and financial requirements that are necessary to address the district members' replenishment obligations during the planning period.

6. A description of the district's current capability to meet the district members' replenishment obligations for the five calendar years following the calendar year in which the district submits its plan.

7. Any other information that the director may reasonably require.

C. A conservation district that is established pursuant to title 48, chapter 22 shall submit to the director the following:

1. On or before June 1, 1994, a plan describing the activities that the conservation district proposes to undertake during the twenty calendar years following submitting the plan.  Except as provided in subsection D of this section, the plan shall include the following information for each active management area in which a member land or member service area is or may be located:

(a) An estimate of the conservation district's current and projected groundwater replenishment obligations, as that term is defined and used in title 48, chapter 22, for the twenty calendar years following the submission of the plan.

(b) A description of water resources that are expected to be available to the conservation district for replenishment purposes during the twenty calendar years following the submission of the plan.

(c) A description of any facilities and projects to be used for replenishment purposes during the twenty calendar years following the submission of the plan.

(d) An analysis of potential groundwater replenishment sites in each groundwater subbasin.

(e) A description of the conservation district's financial capabilities and financial requirements that are necessary to address the conservation district's groundwater replenishment obligations during the twenty calendar years following the submission of the plan.

(f) A description of the conservation district's current capability to meet the current and projected groundwater replenishment obligations for the five calendar years following the calendar year in which the conservation district submits the plan.

(g) If a water district has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations pursuant to section 48-4971, subsection A, a description of central Arizona project water that may be available to the water district for replenishment purposes during the twenty calendar years following the submission of the plan.

(h) Any other information that the director may require.

2. On or before January 1, 2005 and within one year before January 1 of every tenth calendar year thereafter, a plan describing the activities for each active management area that the conservation district proposes to undertake during the one hundred calendar years following submitting the plan.  Except as provided in subsection D of this section, the plan shall include the following information for each active management area in which a member land or member service area is or may be located:

(a) The conservation district's groundwater replenishment obligations and the extent to which those obligations have been met in the ten years preceding submittal of the plan.

(b) An estimate of the conservation district's current and projected groundwater replenishment obligations, as that term is defined and used in title 48, chapter 22, for current members for the twenty calendar years following the submission of the plan and an estimate of the district's projected groundwater replenishment obligations for the one hundred calendar years following the submission of the plan for current members and potential members based on reasonable projections of real property and service areas that could qualify for membership in the ten years following the submission of the plan.

(c) A description of the water resources that the conservation district plans to use for replenishment purposes during the twenty calendar years following submission of the plan and water resources potentially available to the conservation district for groundwater replenishment purposes during the subsequent eighty calendar years.

(d) A description of the district’s current replenishment reserve activities in each active management area for the ten years preceding the current plan and planned replenishment reserve activities for the ensuing ten years to be undertaken pursuant to section 48-3772, subsection E.

(e) A description of any facilities and projects to be used for replenishment and the replenishment capacity available to the conservation district during the twenty calendar years following submission of the plan.

(f) An analysis of potential storage facilities that may be used by the conservation district for replenishment purposes.

(g) A description of the conservation district's capability to meet the current and projected groundwater replenishment obligations for the twenty calendar years following the calendar year in which the conservation district submits the plan.

(h) Any other information that the director may require.

D. The information required by subsection C, paragraph 1, subdivisions (b) and (f) and paragraph 2, subdivisions (c) and (g) of this section need not be included in a conservation district's plan if the conservation district demonstrates to the director that it has obtained an allocation of central Arizona project water or other water supplies determined by the director to be consistent with the assured water supply requirements pursuant to section 45-576 in an amount that equals or exceeds the projected groundwater replenishment obligation for the one hundred calendar years following the submission of the plan. If the conservation district demonstrates to the director that it has obtained an allocation of central Arizona project water or other water supplies determined by the director to be consistent with the assured water supply requirements pursuant to section 45-576 in an amount that is less than the projected groundwater replenishment obligation for the one hundred calendar years following the submission of the plan, the information required by subsection C, paragraph 1, subdivisions (b) and (f) and paragraph 2, subdivisions (c) and (g) of this section shall be submitted only for the amount of the obligation in excess of the total amount of the central Arizona project water allocation and other supplies. The director shall quantify the amount of an allocation of central Arizona project water associated with a nondeclining municipal and industrial subcontract on the basis of the amount of the contract. The director shall quantify the amount of an allocation of central Arizona project water associated with a subcontract other than a nondeclining municipal and industrial subcontract on the basis of the reliability of the source.

E. A water district shall submit to the director on or before June 1 of the calendar year following the year in which the water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations under section 48-4971, and on or within one year before each date on which a plan is required to be submitted by the conservation district under subsection C of this section, a plan describing the replenishment activities that the water district proposes to undertake during the twenty calendar years following the submittal of the plan. The plan shall include the following information for the active management area in which the water district is located:

1. An estimate of the water district's current and projected water district groundwater replenishment obligation, as that term is defined and used in title 48, chapter 28, for the twenty calendar years following the submission of the plan.

2. A description of water resources that are expected to be available to the water district for replenishment purposes during the twenty calendar years following the submission of the plan.

3. A description of any facilities and projects to be used for replenishment purposes during the twenty calendar years following the submission of the plan.

4. An analysis of potential groundwater replenishment sites in each groundwater subbasin.

5. A description of the water district's financial capabilities and financial requirements that are necessary to address the water district groundwater replenishment obligation during the twenty calendar years following the submission of the plan.

6. A description of the water district's current capability to meet the current and projected water district groundwater replenishment obligation for the five calendar years following the calendar year in which the water district submits the plan.

7. Any other information that the director may require.

F. For each plan submitted by the water district, the water district may incorporate applicable portions of the conservation district's plan.
A.R.S. § 45-114 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 114
45-114 Administrative proceedings; rehearing or review; judicial review
Status: in_force

45-114. Administrative proceedings; rehearing or review; judicial review

A. Administrative proceedings under this title are subject to title 41, chapter 6, article 10, except for administrative proceedings under section 45-476.01. If an administrative hearing is held before the director's decision, the administrative proceeding is a contested case under title 41, chapter 6, article 10. If an administrative hearing is not held before the director's decision, the director's decision is an appealable agency action under title 41, chapter 6, article 10. This subsection does not apply to a public hearing conducted under this title or to a decision of the director that is entered after a public hearing conducted under this title.

B. Except for a decision of the director under section 45-476.01, after service of a final decision of the director under this title, a party may file a motion for rehearing or review under section 41-1092.09 and may seek judicial review under title 12, chapter 7, article 6, except as provided in section 41-1092.08, subsection H. This subsection does not apply to a decision of the director that is entered after a public hearing conducted under this title.

C. A decision of the director that is entered after a public hearing conducted under this title is subject to rehearing or review and judicial review as provided in this subsection. A party is not required to file a motion for rehearing or review in order to exhaust administrative remedies and may seek judicial review of the director's final decision under title 12, chapter 7, article 6 as follows:

1. If a party files a motion for rehearing or review, the director's decision is not final for the purposes of judicial review until the director denies the motion or the director issues a decision after rehearing or review. A party shall file a motion for rehearing or review within thirty days after the publication or issuance of the director's findings and order as provided in sections 45-404, 45-414, 45-436, 45-571 and 45-576.03 or by rule. The director shall issue an order either granting or denying the motion within sixty days after the filing of the motion. The director's decision after rehearing or review is the director's final decision for the purposes of judicial review by the party who filed the motion for rehearing or review or by any other party.

2. If a motion for rehearing or review is not filed by any party, the director's decision is final for the purposes of judicial review by any party.
A.R.S. § 45-834.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3 / Section 834.01
45-834.01 Recovery of stored water; recovery well permit; emergency temporary recovery well permit; well construction
Status: in_force

45-834.01. Recovery of stored water; recovery well permit; emergency temporary recovery well permit; well construction

A. A person who holds long-term storage credits or who may recover water on an annual basis may recover the water stored pursuant to a water storage permit only:

1. If the person seeking to recover stored water has applied for and received a recovery well permit under this article.

2. For water stored within an active management area, if one of the following applies:

(a) The proposed recovery well is located within the area of impact of the stored water, as determined by the director, and either the person recovering the water is the storer or the stored water to be recovered is Colorado River water. If the stored water to be recovered is effluent that is stored in a managed underground storage facility and if the proposed recovery well is not an already constructed well owned by the person recovering the water and is located within the exterior boundaries of the service area of a city, town, private water company or irrigation district, that city, town, private water company or irrigation district must be notified by the person recovering the stored water and must have the right to offer to recover the water stored on behalf of that person.  If the city, town, private water company or irrigation district offers to recover the water on behalf of the person seeking recovery and the water that is offered for recovery is of comparable quality to the water that the person could recover, the person seeking to recover the water shall consider accepting the best offer from the city, town, private water company or irrigation district overlying the area of impact that has offered to recover the stored water.

(b) The proposed recovery well is located outside the area of impact of the stored water, as determined by the director, and all of the following apply:

(i) The proposed recovery well is located within the same active management area as storage.

(ii) The director determines that recovery at the proposed location is consistent with the management plan and achievement of the management goal for the active management area.

(iii) If the proposed recovery well is located within the exterior boundaries of the service area of a city, town, private water company or irrigation district, that city, town, private water company or irrigation district is the person seeking to recover the water or has consented to the location of the recovery well.

(iv) If the proposed recovery well is located outside, but within three miles of, the exterior boundaries of the service area of a city, town, private water company or irrigation district, the closest city, town, private water company or irrigation district has consented to the location of the recovery well.

(c) The proposed recovery well is located within the area of impact of the stored water, as determined by the director, the person recovering the water is not the storer, the stored water to be recovered is not Colorado River water and all of the conditions prescribed by subdivision (b), items (i) through (iv) of this paragraph are met.

3. For water stored outside of an active management area, if recovery will occur within the same irrigation non-expansion area, groundwater basin or groundwater sub-basin, as applicable, in which the water was stored.

B. Before recovering from any well water stored pursuant to a water storage permit, a person shall apply for and receive a recovery well permit from the director.  The director shall issue the recovery well permit if the director determines that:

1. If the application is for a new well, as defined in section 45-591, or except as provided in paragraphs 2 and 3 of this subsection for an existing well, as defined in section 45-591, the proposed recovery of stored water will not unreasonably increase damage to surrounding land or other water users from the concentration of wells.  The director shall make this determination pursuant to rules adopted by the director.

2. If the applicant is a city, town, private water company or irrigation district in an active management area and the application is for an existing well within the service area of the city, town, private water company or irrigation district, the applicant has a right to use the existing well.

3. If the applicant is a conservation district and the application is for an existing well within the conservation district and within the groundwater basin or sub-basin in which the stored water is located, the applicant has a right to use the existing well.

C. A city, town, private water company or irrigation district in an active management area may apply with a single application to the director to have all existing wells, as defined in section 45-591, that the applicant has the right to use within its service area listed as recovery wells on the recovery well permit, if those wells otherwise meet the requirements of this section.

D. If the applicant is a conservation district, the director may issue an emergency temporary recovery well permit without complying with section 45-871.01, subsection F if the director determines that all of the following apply:

1. The conservation district cannot reasonably continue to supply central Arizona project water directly to a city, town, private water company or irrigation district due to an unplanned failure of a portion of the central Arizona project delivery system.

2. The emergency temporary recovery well permit is necessary to allow the conservation district to provide immediate delivery of replacement water to the city, town, private water company or irrigation district.

3. The application is for an existing well as defined in section 45-591 that is within the groundwater basin or groundwater sub-basin in which the stored water is located, is within the conservation district and is within the service area of the city, town, private water company or irrigation district.

E. An emergency temporary recovery well permit issued pursuant to subsection D of this section may be issued for a period of up to ninety days and may be extended for additional ninety day periods if the director determines that the conditions prescribed in subsection D of this section continue to apply.

F. If the application for a recovery well permit is approved, the director shall issue a permit and the applicant may proceed to construct or use the well.  If the application is rejected, the applicant shall not proceed to construct or use the well.  A new well shall be completed within one year of receipt of the permit, unless the director in granting the permit approves a longer period to complete the well.  If the well is not completed within one year or the longer period approved by the director, the applicant shall file a new application before proceeding with construction.

G. A recovery well permit shall include the following information:

1. The name and mailing address of the person to whom the permit is issued.

2. The legal description of the location of the existing well or proposed new well from which stored water may be recovered pursuant to the permit.

3. The purpose for which the stored water will be recovered.

4. The depth and diameter of the existing well or proposed new well from which stored water may be recovered pursuant to the permit.

5. The legal description of the land on which the stored water will be used.

6. The maximum pumping capacity of the existing well or proposed new well.

7. If the permit is for a proposed new well, the latest date for completing the proposed new well.

8. Any other information as the director may determine.
A.R.S. § 45-264 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 264
45-264 Joint legislative adjudication monitoring committee
Status: in_force

45-264. Joint legislative adjudication monitoring committee

A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall consist of three members of the senate appointed by the president of the senate, not more than two of whom shall be members of the same political party, and of three members of the house of representatives appointed by the speaker of the house of representatives, not more than two of whom shall be members of the same political party.

B. The committee shall meet periodically and shall conduct hearings and request information from the director as it deems necessary to be apprised of the status of the adjudications. The committee shall report to the president of the senate and the speaker of the house of representatives at least annually on its findings, and include in that report any recommendations for legislative action it considers necessary to the efficient, prompt and just conclusion of the adjudications.
A.R.S. § 45-2103 — Arizona Code / Title 45 / Chapter 12 / Article 1 / Section 2103
45-2103 Arizona water protection fund commission
Status: in_force

45-2103. Arizona water protection fund commission

A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who are residents of this state, who have demonstrated an interest in natural resources and who are appointed as follows:

1. One person who represents a multi-county water conservation district established pursuant to title 48, chapter 22 and named by that district's governing board.

2. One person who represents a state association of natural resource conservation districts and who is appointed by the governor.

3. Four persons who represent natural resource conservation districts established pursuant to title 41, chapter 58, and who represent geographically diverse areas of this state, two of whom shall be appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives.

4. One member of the public who has at least a bachelor's degree in hydrology, who represents a city that is served by the central Arizona project and who is appointed by the governor.

5. One person who is knowledgeable in natural resource conservation issues or in water resource issues related to riparian ecosystems, who represents an agricultural improvement district established pursuant to title 48, chapter 17 and who is appointed by the governor.

6. One person who represents an Indian tribe and who is appointed by the chairman of the inter tribal council of Arizona.

7. As nonvoting ex officio members, the director of the department of water resources and the state land commissioner.

8. As nonvoting advisory members, one member of the house of representatives who is appointed by the speaker of the house of representatives and one member of the senate who is appointed by the president of the senate. Advisory members may not be considered for purposes of establishing a quorum.

B. Members of the commission appointed pursuant to subsection A, paragraphs 1 through 6 of this section shall be appointed for staggered terms of three years. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office.

C. On request, members who are not ex officio members of the commission are eligible to receive compensation pursuant to section 38-611, not to exceed $3,000 in any calendar year, and are eligible for reimbursement for expenses pursuant to title 38, chapter 4, article 2.

D. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
A.R.S. § 45-1428 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1428
45-1428 Limitations on powers
Status: in_force

45-1428. Limitations on powers

Notwithstanding section 45-1427, neither the boards of supervisors of Cochise, Graham or Gila counties nor the governing bodies of the towns of Safford or Thatcher or the city of Douglas shall exercise any power or authority granted by section 45-1427, nor shall they undertake or cooperate in either the planning, authorization, construction, acquisition, extension, improvement, maintenance, or operation of any flood control structures, dams, systems or projects on any portion of a watershed supplying water to any dam and reservoir existing within the state of Arizona having a designed water storage capacity of fifty thousand acre feet or more, or to any existing diversion dam and canal system having facilities within the state of Arizona designed to divert and carry not less than one thousand cubic feet per second, without first having obtained the written consent of the agency, district, association, company or organization owning or operating or being served by such dam, reservoir, diversion dam and canal system. Such consent, however, shall only be required from irrigation districts and agricultural improvement districts organized pursuant to the laws of the state of Arizona as defined under title 48, and any other associations or organizations operating such dams, reservoirs, diversion dams and canal systems as a part of a federal reclamation project.
A.R.S. § 45-468 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 468
45-468 Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses
Status: in_force

45-468. Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses

A. A person delivering a combination of surface water or effluent, or both, and groundwater for irrigation uses shall prior to the beginning of each accounting period estimate the amount of groundwater that will be withdrawn and delivered during the next accounting period and shall make such estimate available to the director. The estimate may be modified from time to time as conditions warrant.

B. Within ninety days following the end of each accounting period a person who delivers a combination of surface water or effluent, or both, and groundwater for uses by cities, towns, private water companies, industries, farms or other users shall provide the director with an accounting for water during the past accounting period which shows the following:

1. All surface water provided to each class of user and each farm.

2. All groundwater provided to each class of user and each farm.

3. All effluent provided to each class of user and each farm.

C. If a person delivers water to a user through a delivery system that commingles groundwater with surface water or effluent, or both, the amount of groundwater charged to the user pursuant to the accounting in subsection B shall be computed as follows:

1. Determine the total amount of water delivered to the user through the system during the accounting period.

2. Determine the amount of surface water and effluent that would have been delivered to the user through the system during the accounting period if no groundwater had been delivered through the system.

3. Subtract the amount determined pursuant to paragraph 2 from the amount determined pursuant to paragraph 1.
A.R.S. § 45-562 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 562
45-562 Management goals for active management areas
Status: in_force

45-562. Management goals for active management areas

A. The management goal of the Tucson, Phoenix and Prescott active management areas is safe-yield by January 1, 2025, or such earlier date as may be determined by the director.

B. The management goal of the Pinal active management area is to allow development of non-irrigation uses as provided in this chapter and to preserve existing agricultural economies in the active management area for as long as feasible, consistent with the necessity to preserve future water supplies for non-irrigation uses.

C. The management goal of the Santa Cruz active management area is to maintain a safe-yield condition in the active management area and to prevent local water tables from experiencing long-term declines.

D. Except as otherwise provided for the Santa Cruz active management area, all initial active management areas are subject to all provisions of this chapter.
A.R.S. § 45-117 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 117
45-117 Water resources fund; purpose; monies held in trust
Status: in_force

45-117. Water resources fund; purpose; monies held in trust

A. The water resources fund is established to be maintained in perpetuity consisting of:

1. Except as provided in section 45-113, subsection F, monies received pursuant to sections 45-113, 45-115, 45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01, 45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021, 45-1041, 45-1205, 45-1603 and 45-1605.

2. Monies appropriated by the legislature to the water resources fund.

3. Gifts, grants and donations to the fund from any public or private source.

4. Interest and other income received from investing monies in the fund.

B. Monies in the fund are subject to legislative appropriation.  Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. Monies in the fund shall be used exclusively by the department of water resources to carry out the purposes of this title and shall not be appropriated for any other purpose.

D. The director shall administer the fund.  On notice from the director, the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.

E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust.  The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state.  This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
A.R.S. § 45-1021 — Arizona Code / Title 45 / Chapter 4 / Article 2 / Section 1021
45-1021 Enrollment of water exchange contracts; fee
Status: in_force

45-1021. Enrollment of water exchange contracts; fee

A. A water exchange contract may be enrolled by any party to the contract by filing a statement of water exchange contract with the director and complying with all of the following requirements:

1. The water exchange contract was in effect before January 1, 1992 and, if originally oral, is reduced to writing before December 31, 1994.

2. A water exchange actually was made after January 1, 1982 pursuant to the contract unless the water to be exchanged by one of the parties is central Arizona project water for which a subcontract was not offered by the secretary of the interior by January 1, 1992.

3. Each statement of water exchange contract is filed on a separate prescribed form not later than December 31, 1994.

4. Each statement of water exchange contract includes a description of the legal basis for acquiring and using the water subject to the water exchange.

5. If the water exchange involves water pumped from wells, each statement of water exchange contract includes the well registration numbers of the wells pumping water pursuant to the exchange.

6. A copy of the water exchange contract is attached to the statement of water exchange contract.

7. Each blank in the prescribed form is completed legibly with the required information pursuant to instructions furnished by the director.

8. The statement of water exchange contract is certified as true under penalty of perjury.

9. The prescribed form is accompanied by a filing fee in an amount to be determined by rule by the director to cover the cost of administering this article.

B. The director shall not accept a statement of water exchange contract that does not meet all of the requirements of subsection A of this section.  If the director determines that a statement of water exchange contract fails to meet these requirements, the director shall return it to the sender within ninety days specifying the deficiencies in the statement and providing the sender with sixty days within which to revise or supplement the statement in order to meet the requirements. The director may reject a revised or supplemented statement if, on resubmittal, it is still deficient. In such case, the director shall provide the sender an additional sixty days in which to further revise or supplement the statement. The director shall not accept a revised or supplemented statement of water exchange contract after June 30, 1995.

C. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117.
A.R.S. § 45-469 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 469
45-469 Right to retire irrigation grandfathered right for non-irrigation use; development plan approval; amendment of plan; approval of plan prior to retirement; amount withdrawn; service area determined; restoration of retired irrigation grandfathered right
Status: in_force

45-469. Right to retire irrigation grandfathered right for non-irrigation use; development plan approval; amendment of plan; approval of plan prior to retirement; amount withdrawn; service area determined; restoration of retired irrigation grandfathered right

A. Except as provided in section 45-480, subsection F and subsection P of this section, except as provided in subsection I of this section, a person who owns land that is legally entitled to be irrigated with groundwater pursuant to an irrigation grandfathered right and that is located within an active management area and outside of the exterior boundaries of the service area of a city, town or private water company has the right to retire such land from irrigation in anticipation of a future non-irrigation use and shall not forfeit or abandon the right to withdraw from or receive for such land the amount of groundwater calculated pursuant to subsection F of this section for a non-irrigation use if all of the following apply:

1. The land is held in the same ownership.

2. A development plan for the proposed non-irrigation use exists and is approved by the director within a reasonable time before or after the land is retired.

3. Either one of the following applies:

(a) The land has never been designated by the director as protected farmland pursuant to section 45-483, subsection A.

(b) The director designated the land as protected farmland pursuant to section 45-483, subsection A, the director subsequently revoked the designation pursuant to section 45-483, subsection C, paragraph 1 and the director determined at the time the designation was revoked that the conservation easement in the land was terminated because a partial or full condemnation of the land made farming impracticable.

B. Except as provided in subsection P of this section, the director shall approve the development plan required by subsection A of this section if it appears that the land:

1. Has been or will be retired for the bona fide purpose of conserving or using water for a non-irrigation use that would otherwise continue to be used for irrigation of such land.

2. Has not been sold or taken out of production primarily because it would have been uneconomical to continue to withdraw water for irrigation.

C. The director shall not investigate the legality, other than pursuant to this chapter, feasibility or other factors involved in the proposed development plan and shall not disapprove a development plan on such grounds.

D. A development plan may be amended and the director shall approve amendments if the criteria of this section are met.

E. A person proposing to retire irrigated land that is located inside or outside of an active management area may apply to the director for approval of a proposed development plan prior to the retirement of such land.

F. The amount of groundwater that may be withdrawn or received annually per acre pursuant to this section is the lesser of:

1. The current maximum amount of groundwater that may be used pursuant to the irrigation grandfathered right for the acre at the time it is retired, as calculated pursuant to section 45-465, subsection B.

2. Three acre-feet multiplied by the water duty acres in the farm in which the acre to which the right is appurtenant is located divided by the number of irrigation acres in the farm.

G. The right to withdraw or receive groundwater pursuant to this section is a non-irrigation grandfathered right associated with retired irrigated land, or a type 1 non-irrigation grandfathered right as described in section 45-463.

H. Whether the land to which an irrigation grandfathered right is appurtenant is within the exterior boundaries of the service area of a city, town or private water company shall be determined as of the date the development plan is filed with the director.

I. A city or town in an initial active management area that holds a certificate of irrigation grandfathered right for acres of land that were acquired before January 1, 1989 in another initial active management area, and a groundwater replenishment district established under title 48, chapter 27 that purchases any of that land from the city or town, has the right, subject to subsections J, K, L and M of this section, to retire the land in anticipation of a future non-irrigation use and withdraw from any location on the land groundwater for non-irrigation use on the land or for transportation to another initial active management area for the purpose of demonstrating and providing an assured water supply if all of the following apply:

1. Before January 1, 1989, the city or town filed with the director a development plan pursuant to this section for all or a portion of the land.

2. Any withdrawals pursuant to this subsection from a new well, as defined in section 45-591, will comply with the rules adopted pursuant to section 45-598, subsection A to prevent unreasonably increasing damage to surrounding land or other water users from the concentration of wells.

3. Any withdrawals for transportation to another initial active management area for the purpose of demonstrating and providing an assured water supply are made from a depth to one thousand two hundred feet at the site or sites of the withdrawals, except that the wells may be drilled to any depth.

J. The amount of groundwater that may be withdrawn and used annually pursuant to subsection I of this section shall be determined pursuant to subsection F of this section. The maximum amount of such groundwater that may be included by the director in determining whether to designate or redesignate the city or town as having an assured water supply pursuant to section 45-576 equals one hundred times the total amount that may be withdrawn annually from the land.

K. A city or town that is eligible for a type 1 non-irrigation grandfathered right under subsection I of this section may:

1. Before retiring the land under subsection I of this section, substitute for the acres of land described in subsection I of this section the same number of acres owned by the city or town to which irrigation grandfathered rights are appurtenant and located in the same subbasin as the acres described in subsection I of this section.

2. At any time, elect to convert a type 1 non-irrigation grandfathered right appurtenant to land in the same subbasin and acquired by the city or town before January 1, 1989 under subsection A of this section to a type 1 non-irrigation grandfathered right under subsection I of this section.

L. In determining whether to designate or redesignate the city or town as having an assured water supply pursuant to section 45-576, based in whole or in part on groundwater transported from the active management area under subsection I of this section, the director shall include the amount of groundwater that may be included under subsection J of this section and can be withdrawn from a depth to one thousand two hundred feet at the site or sites of the proposed withdrawals at a rate that, when added to the existing rate of withdrawals in the area, is not expected to cause the groundwater table at the site or sites of the proposed withdrawals to decline more than an average of ten feet per year during the one hundred year evaluation period.

M. In any designation or redesignation of an assured water supply pursuant to section 45-576, the projected use of the groundwater that is demonstrated to be available for assured water supply purposes under subsection L of this section is deemed to be consistent with achieving the management goal for the active management area. In any such designation or redesignation, the director shall determine whether the projected use is consistent with the management plan for the active management area by determining whether the projected use is consistent with the management plan of the active management area in which the city or town to be designated or redesignated is located.

N. Subsections A, B and H of this section do not apply to type 1 non-irrigation grandfathered rights acquired under subsection I of this section.

O. The director may restore retired irrigation grandfathered rights to land that was retired from irrigation under this section according to the following conditions and procedures:

1. Title to the retired land has reverted involuntarily, or voluntarily in lieu of foreclosure or forfeiture, from the person who retired it from irrigation, or a successor in title, to a previous owner.

2. The current owner of the retired land must apply to the director in writing stating:

(a) The history of the original retirement from irrigation under this section.

(b) The circumstances regarding the reversion of title to the current owner.

(c) Why restoring the irrigation grandfathered rights is necessary.

3. The director shall enter the application in the registry under section 45-479 and review the application. An administrative hearing shall be held in the active management area in which the use is located on whether to restore the irrigation grandfathered rights to the land.

4. The director must find that restoring the irrigation grandfathered rights:

(a) Will not adversely impact the management of the active management area.

(b) Is necessary to prevent unreasonable hardship to the current owner of the retired land.

5. If the director decides to restore the retired irrigation grandfathered rights to the land:

(a) The retired irrigation land regains its original irrigation grandfathered rights, with the debits and credits in its flexibility account at the time of retirement.

(b) The type 1 non-irrigation grandfathered right under this section is terminated.

(c) The development plan required by this section is terminated for purposes of this section.

P. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to section 45-576.02, subsection A, paragraph 1, the director shall withhold approval of a development plan that is submitted under this section by a person who seeks to obtain a non-irrigation grandfathered right associated with retired irrigated land located in the district unless at the time the plan is submitted:

1. The director has determined that the district's plan for operation is consistent with achieving the management goal, according to section 45-576.03, subsection E, and the designation has not expired.

2. The master replenishment account, as established in section 45-858.01, does not have a debit balance in an amount in excess of the amount allowed under section 45-576.01, subsection A, paragraph 3.

Q. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.
A.R.S. § 45-618 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 618
45-618 Arizona water quality fund
Status: in_force

45-618. Arizona water quality fund

A. An Arizona water quality fund is established for agency participation in activities related to title 49, chapter 2, article 5 and coordination of data bases necessary for those activities. The director shall administer the fund.

B. The Arizona water quality fund consists of monies from legislative appropriations, grants, contributions and transfers from other public agencies.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.

D. Monies in the fund are exempt from lapsing under section 35-190.

E. Before December 31 of each year, the director shall submit to the speaker of the house of representatives and the president of the senate a written report describing the activities of the department for the preceding fiscal year relating to expenditures from the fund. The report shall include an accounting for expenditures from the fund and how the monies were used to perform duties in cooperation with the department of environmental quality pursuant to title 49, chapter 2, article 5. The report shall address the department of water resources' sharing and management of data with the department of environmental quality, well inspection activities conducted pursuant to this fund, measures to remediate wells pursuant to section 45-605, duties performed pursuant to agreements with the department of environmental quality and the status of other departmental participation in water quality assurance revolving fund activities.
A.R.S. § 45-141 — Arizona Code / Title 45 / Chapter 1 / Article 4 / Section 141
45-141 Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture
Status: in_force

45-141. Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture

A. The waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface, belong to the public and are subject to appropriation and beneficial use as provided in this chapter.

B. Beneficial use shall be the basis, measure and limit to the use of water.

C. Except as otherwise provided in this title or in title 48, when the owner of a right to the use of water ceases or fails to use the water appropriated for five successive years, the right to the use shall cease, and the water shall revert to the public and shall again be subject to appropriation.

D. Underground water storage, pursuant to chapter 3.1 of this title, for future beneficial use of waters appropriated pursuant to this chapter does not constitute an abandonment or forfeiture.

E. The following water exchange arrangements or substitutions do not constitute an abandonment or forfeiture of all or any portion of a right to use surface water:

1. Exchanging surface water for groundwater, effluent, Colorado river water, including water delivered through the central Arizona project, or another source of surface water pursuant to chapter 4 of this title.

2. Substituting groundwater, effluent, Colorado river water, including water delivered through the central Arizona project, or another source of surface water for surface water.

F. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.
A.R.S. § 45-135 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 135
45-135 Inspections; investigations
Status: in_force

45-135. Inspections; investigations

A. The director or the director's authorized representative may enter at reasonable times on private or public property where a body of water is located, and the owner, manager or occupant of the property shall permit such entry, to:

1. Inspect the body of water.

2. Ascertain compliance with this article.

B. Inspections and investigations under this section shall be on reasonable notice to the owner, manager or occupant of the property unless reasonable grounds exist to believe that the notice would frustrate the enforcement of this article. The director shall adopt rules for conducting inspections and obtaining warrants under this section. The director may apply for and obtain warrants. If warrants are required by law, the director shall apply for and obtain warrants for entry and inspection to carry out the administrative and enforcement purposes of this article.

C. The director shall provide a written report of each inspection and investigation under this section to the person subject to such action.
A.R.S. § 45-1904 — Arizona Code / Title 45 / Chapter 11 / Article 1 / Section 1904
45-1904 Corporate existence
Status: in_force

45-1904. Corporate existence

An authority is a corporate and political body that may act in its official corporate name and has all of the rights and immunities of municipal corporations that are granted by the constitution and statutes of this state, including immunity of its property and bonds from taxation.
A.R.S. § 45-602 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 602
45-602 Capping of wells; waste
Status: in_force

45-602. Capping of wells; waste

A. Groundwater which has been withdrawn shall not be allowed to waste. To effectuate the purposes of this section, the director shall:

1. Require all flowing wells to be capped or equipped with valves so that the flow of water can be completely stopped when not in use.

2. Require both flowing and non-flowing wells to be constructed and maintained so as to prevent waste of groundwater through leaky casing, lack of casings, pipes, fittings, valves or pumps, either above or below the surface of the ground.

B. The reasonable withdrawal of groundwater for development, testing or repair of a well or the inadvertent loss of water due to breakage of a pump, valve, pipe or fitting is not waste if reasonable diligence is shown in effecting the necessary repairs.
A.R.S. § 45-836.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3 / Section 836.01
45-836.01 Effect of storage facilities, water storage and recovery on service areas
Status: in_force

45-836.01. Effect of storage facilities, water storage and recovery on service areas

A. In an active management area, if a city, town or private water company operates a constructed underground storage facility and stores water at a constructed underground storage facility pursuant to a permit issued under this chapter, any portion of the area of impact of the stored water that is located within the exterior boundaries of the service area of the city, town or private water company but is not part of the service area of any other city, town, private water company or irrigation district is deemed to be part of the service area of the city, town or private water company.

B. In an active management area, if a city, town, private water company or irrigation district operates a storage facility or stores water outside its service area or recovers stored water outside its service area pursuant to a permit issued under this chapter, the area of land that contains the storage facility, the recovery facilities or a system for the transportation of water is not part of the service area of the city, town, private water company or irrigation district.
A.R.S. § 45-1703 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1703
45-1703 State water and power plan
Status: in_force

45-1703. State water and power plan

A. A water and power plan for the state is established consisting of all or part of the following works and facilities:

1. Central Arizona project, including:

(a) Granite Reef aqueduct to extend from Lake Havasu to a point in central Arizona on the Salt River near the city of Phoenix, together with pumping plants therefor.

(b) The Salt-Gila aqueduct to extend from the terminus of the Granite Reef aqueduct in central Arizona to the Tucson aqueduct, Colorado source, in the vicinity of Picacho reservoir, together with pumping plants therefor.

(c) The following alternative to Orme dam:

(i) New Waddell dam.

(ii) Cliff dam.

(iii) Modifications to Roosevelt dam.

(d) Buttes dam and reservoir on the Gila River east of the town of Florence.

(e) Tucson aqueduct to extend from the terminus of the Salt-Gila aqueduct in the vicinity of Picacho reservoir to and beyond the city of Tucson, together with pumping plants and terminal storage therefor.

2. Montezuma pumped storage power project to be located approximately twenty-five miles south of the city of Phoenix.

3. The authority's interest in or rights to capacity and any associated energy of the Hoover power plant modifications project consisting of an additional powerhouse or powerhouses at the Hoover dam and power plant located on the Colorado River in Clark county, Nevada and Mohave county, Arizona and Lake Mead, the reservoir formed behind Hoover dam.

4. The authority's interest in or rights to capacity and any associated energy of the Hoover power plant uprating project consisting of an increase in capacity of existing generating units at Hoover dam and power plant as a result of replacement and improvement of equipment for such units. In each case the project shall include any improvements thereto and any incidental or associated capacity, energy, buildings, structures, transmission lines or mains, and all other appurtenances and facilities necessary or appropriate thereto.

5. The financing or refinancing of this state's proportionate share of the costs incurred by the United States with respect to the Hoover visitor facilities as defined in section 101(a) of the Hoover power plant act of 1984 (P.L. 98-381; 98 Stat. 1333; 43 United States Code section 619) and this state's proportionate share of the costs incurred by the bureau of reclamation with respect to the air slot treasury loan for the construction of air slots at Hoover dam.

B. The state water and power plan may also include such further water and power projects, either in addition to or in substitution of the projects set forth above, or any portion thereof, as the Arizona legislature may from time to time authorize.  However, in no event may such further power projects include thermal generating plants or interests therein, except that the authority may enter into an agreement with other electric power interests proposing to construct a thermal generating power plant whereby the state shall acquire the right to such portion of the capacity of such plant, including delivery of power and energy over appurtenant transmission facilities to mutually agreed on delivery points as is required to provide central Arizona project pumping. Power and energy acquired thereunder may be disposed of intermittently by the authority when not required in connection with the central Arizona project.

C. Except as otherwise provided in this subsection, nothing in this article shall authorize the inclusion in the state water and power plan of the power and energy under the Hoover energy contract 1-1r-1455 dated November 23, 1945 as it may be supplemented, amended, renewed or replaced and the rights to deliver such power and energy under the 1964 Wheeling contract 14-06-0300-1444 dated January 1, 1965 as it may be supplemented, amended, renewed or replaced which power and energy and Wheeling rights shall continue to be administered under title 30, chapter 1. Power and energy of the authority from the Hoover power plant modifications project and the Hoover power plant uprating project shall be sold by the authority pursuant to this article. The contracts for the sale of the power and energy of the authority from such projects shall be treated as contracts under this article. Notwithstanding title 30, chapter 1, the authority may pledge its contracts, rights and interests in or to power and energy from the Hoover power plant modifications project, the Hoover power plant uprating project, the 1945 Hoover energy contract or the 1964 Wheeling contract, or any supplements, amendments, renewals or replacements of such contracts, or any other contract or contracts for the purchase or transmission of power and energy from the United States or any United States agency as security for any bonds or notes of the authority issued under this article for the purpose of the Hoover power plant modifications project, the Hoover power plant uprating project, the Hoover visitor facilities or the air slots at Hoover dam.
A.R.S. § 45-164 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 164
45-164 Registry; reporting
Status: in_force

45-164. Registry; reporting

A. The director shall establish and maintain a registry of applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter.

B. A person who has filed an application or a statement of claim or a person to whom the director has issued a permit or a certificate of water right shall notify the director of a change in name or mailing address or an assignment pursuant to section 45-163. A person to whom an application, permit, certificate of water right or statement of claim is assigned shall notify the director of the assignment and shall furnish information as required by the director to keep the registry current and accurate. The director shall have continuing jurisdiction and shall issue revised permits and certificates as necessary.

C. If an appropriator of water filed an application for a permit to appropriate water pursuant to this article or an application for certification under article 10 of this chapter but the permit or certificate was issued or subsequently reissued to the United States or the state of Arizona, an appropriator of water may file a written application with the department to request that a permit or certificate be reissued in accordance with section 37-321.01, subsection A. Within thirty days after receiving the application, the department shall provide notice of the application to the state or federal agency that owns the land on which the water is used and, if applicable, to the owner of patented land from which the water is diverted or on which the water is stored. A person who is entitled to this notice from the department may file written objections to the application within forty-five days after the department mails the notice. If no timely objection is received by the department, the director shall approve or deny the application within ninety days from the date of filing of the application. If an objection is received, and on written request of either the applicant or the objector, an administrative hearing shall be held on the application and objections. If a request for a hearing is not received, the director shall grant or deny the relief sought in the application based upon the application and objections filed. A final decision of the director is subject to judicial review as provided in section 45-114, subsection B in the superior court in the county that has jurisdiction over the water right as part of a general adjudication conducted pursuant to article 9 of this chapter, or if the right is not subject to a general adjudication in the superior court pursuant to title 12, chapter 7, article 6. The form of the application and objection shall be prescribed by the director, but the department shall not charge a fee for processing an application.

D. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.
A.R.S. § 45-462 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 462
45-462 Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use
Status: in_force

45-462. Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use

A. In an active management area, a person who was legally withdrawing and using groundwater as of the date of the designation of the active management area or who owns land legally entitled to be irrigated with groundwater as determined pursuant to this article has the right to withdraw or receive and use groundwater as determined by the director pursuant to this article.

B. For purposes of determining grandfathered rights pursuant to this article, a groundwater use shall not be determined to be illegal merely because the groundwater legally withdrawn is or has been transported.

C. The amount of groundwater use described by an applicaton for a certificate of exemption is recognized as a legal use for purposes of determining grandfathered rights pursuant to section 45-464, subject to any modification as a result of a finding on appeal of a factual mistake by the state land department or Arizona water commission in computing the amount of the authorized withdrawal.

D. The right to withdraw or receive and use groundwater pursuant to this article is a grandfathered right. There are three categories of grandfathered rights as follows:

1. Non-irrigation grandfathered rights associated with retired irrigated land as determined pursuant to sections 45-463, 45-469 and 45-472.

2. Non-irrigation grandfathered rights not associated with retired irrigated land as determined pursuant to section 45-464.

3. Irrigation grandfathered rights as determined pursuant to section 45-465.
A.R.S. § 45-851.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 851.01
45-851.01 Recovery of stored water on an annual basis
Status: in_force

45-851.01. Recovery of stored water on an annual basis

A. Except as provided in subsections B, E and F of this section, a storer may recover the recoverable amount of water stored after January 1 of a calendar year on or before December 31 of the same calendar year.

B. If water is stored pursuant to a water storage permit and its use is based on a decreed or appropriative water right, the approximate recoverable amount of water stored in a month shall be recovered on or before the last day of the following month or within the same calendar year, whichever is earlier, unless the water is credited to a long-term storage account as prescribed by section 45-852.01.

C. Water stored after January 1 of a calendar year and not recovered on or before December 31 of the same calendar year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.

D. Water that is stored after January 1 of a calendar year, that is not recovered on or before December 31 of the same calendar year and that is not eligible to be credited to the storer's long-term storage account may not be recovered at any other time.

E. If the water stored was effluent stored at a managed underground storage facility that has not been designated as a facility that could add value to a national park, national monument or state park and subsection F of this section does not apply, the storer may recover during a year only fifty percent of the recoverable amount of water stored between January 1 and December 31 of that year. If the storer recovers during the year less than fifty percent of the recoverable amount of the water stored during that year, the difference between fifty percent of the recoverable amount and the amount of stored water recovered during the year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.

F. If the water stored was effluent stored at a managed underground storage facility that qualifies as an existing effluent managed underground storage facility and that has not been designated as a facility that could add value to a national park, national monument or state park, the storer may recover during a year only ninety-five percent of the recoverable amount of the water stored between January 1 and December 31 of that year.  If the storer recovers during the year less than ninety-five percent of the recoverable amount of the water stored during that year, the difference between ninety-five percent of the recoverable amount and the amount of stored water recovered during the year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.
A.R.S. § 45-1604 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1604
45-1604 Reports required from licensees; failure to file; revocation of license
Status: in_force

45-1604. Reports required from licensees; failure to file; revocation of license

Each licensee shall, within ninety days after conclusion of any weather control or cloud modification project, file with the director a final evaluation of the project. Each six months during the operation of any project which has not been completed each licensee shall file a report evaluating the operations for the preceding six months in the project. Failure to file such reports constitutes grounds for immediate revocation of the license.
A.R.S. § 45-891.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 891.01
45-891.01 Purposes
Status: in_force

45-891.01. Purposes

It is declared that the public policy of this state and the general purposes of this article are:

1. To protect the general economy and welfare of this state and its citizens by wise resource management of the water of the central Arizona project.

2. To store for future needs or use for replenishment purposes the central Arizona project water not now utilized by central Arizona project subcontractors.

3. To provide an additional source of water for times of serious water shortage due to a substantial reduction in the supply of central Arizona project water available for delivery to central Arizona project subcontractors or a prolonged interruption of deliveries of central Arizona project water.
A.R.S. § 45-1946 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1946
45-1946 Acquisition of property; limited eminent domain authority; survey and inspection rights
Status: in_force

45-1946. Acquisition of property; limited eminent domain authority; survey and inspection rights

A. The legal title to all property and property rights acquired under this chapter vests in the authority and shall be held for the uses and purposes prescribed by this chapter.

B. The board may:

1. Acquire, hold, manage, occupy and possess property as provided by this chapter.

2. Take conveyances for all property acquired by the authority in the name of the authority.

3. Sell, lease, exchange or otherwise dispose of any property of the authority that is no longer necessary or suitable for the uses and purposes of the authority and execute, acknowledge and deliver all such conveyances, leases, contracts or other instruments as the board deems necessary.

4. Institute and maintain actions and proceedings necessary to enforce, maintain, protect or preserve all rights, privileges and immunities created or granted by this chapter relating to acquiring, owning and disposing of property.

C. The board, by unanimous resolution, may institute condemnation proceedings in the name of the authority, and all statutes of this state relating to the exercise of eminent domain apply to the proceedings, except that the board may not exercise the right of eminent domain:

1. Outside of the county in which the authority is established.

2. To condemn land or existing projects or facilities owned by any governmental entity or person for the purpose of condemning water rights or existing water production, delivery or storage systems.

3. To acquire electrical facilities, whether real or personal property.

4. Within the service area, as defined in section 45-402, of any city or irrigation district without the consent of that city's or irrigation district's governing body.

D. Agents, employees and representatives of the board or an operating unit may enter any land on reasonable notice to the owner or occupant to survey or locate necessary works, rights-of-way or structures for the purposes of the authority or to obtain factual data or access to records required to be kept by virtue of contracts or agreements that the authority or the operating units may have in effect with the United States secretary of the interior.
A.R.S. § 45-1722 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1722
45-1722 Exclusive law
Status: in_force

45-1722. Exclusive law

The powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law, general or special. This article shall, without reference to title 30, chapter 1 or chapter 1 or 2 of this title, or to any other law, general or special, be deemed full authority for the construction, acquisition, reconstruction, improvement, operation and maintenance of the projects herein provided for and contracts in connection therewith, and for the authorization, issuance and sale of the bonds and notes pursuant to this chapter and without regard to the procedure required by any other such law. Except as otherwise provided in this article, the provisions of title 30, chapter 1 and chapter 1 or 2 of this title, insofar as they relate to the matters herein contained, are superseded, it being the legislative intent that this article shall constitute the exclusive law on such matters.
A.R.S. § 45-173 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 173
45-173 Use of natural waterway to carry water of another or for other water projects; dispute over division of waters
Status: in_force

45-173. Use of natural waterway to carry water of another or for other water projects; dispute over division of waters

A. Although the waters which naturally flow in the natural channel of a stream have been previously appropriated and put to beneficial use by others, the channel may be used to carry water of another or used for the location of an underground storage facility pursuant to chapter 3.1 of this title, if such use can be made without diminishing the quantity of water which naturally flows therein the use of which has been appropriated.

B. When the parties interested cannot agree upon the division of the water turned into the natural channel from the water naturally flowing therein, or if it is difficult to ascertain the amount to which each party is entitled, the water superintendent of the district shall make the division.
A.R.S. § 45-465.01 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 465.01
45-465.01 Flood damaged acres; substitution of acres; definition
Status: in_force

45-465.01. Flood damaged acres; substitution of acres; definition

A. A person who owns acres of land within an initial active management area which were legally irrigated at any time during the five years preceding January 1, 1980 and which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 may permanently retire such acres from irrigation and substitute for such acres the same number of acres within the same sub-basin or a contiguous sub-basin of the same initial active management area which were not legally irrigated at any time during the five years preceding January 1, 1980, and has the right to use groundwater for the irrigation of such substitute acres as determined pursuant to section 45-465 calculated on the basis of the acres which were legally irrigated, if the owner demonstrates to the satisfaction of the director that all the following apply:

1. The acres which were irrigated during the five years preceding January 1, 1980 were damaged by floodwaters after being irrigated.

2. It is not economically feasible to restore the flood damaged acres to irrigation use.

3. The owner has received a certificate of grandfathered right for an irrigation use for the flood damaged acres.

B. Any acres permanently retired from irrigation pursuant to this section relinquish their irrigation grandfathered rights and such rights are deemed to be appurtenant to the substitute acres.

C. For purposes of this section, "floodwaters" means a temporary and erosive overflow of waters on lands not normally covered by water which occurred after January 1, 1975.
A.R.S. § 45-603 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 603
45-603 Criteria for rules and regulations
Status: in_force

45-603. Criteria for rules and regulations

In developing rules and regulations under this article, the director shall consider, among other things, water quality, cones of depression and land subsidence.
A.R.S. § 45-465.05 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 465.05
45-465.05 Permanent relinquishment of irrigation grandfathered rights; groundwater savings credits; assured water supply; rules; report; definitions
Status: in_force

45-465.05. Permanent relinquishment of irrigation grandfathered rights; groundwater savings credits; assured water supply; rules; report; definitions

(Rpld. 1/1/36)

A. A person that owns land within the Phoenix or Pinal active management area that may be legally irrigated with groundwater pursuant to an irrigation grandfathered right may apply to the director to permanently relinquish all of the irrigation grandfathered right in exchange for groundwater savings credits. The director shall approve the application if all of the following conditions apply:

1. The person's use of the irrigation grandfathered right complies with this chapter and the applicable management plan.

2. For each irrigation grandfathered right that is relinquished, the director determines that land to which the irrigation grandfathered right is appurtenant has been legally irrigated with groundwater in at least three of the preceding five years.

3. The person has filed all reports required pursuant to section 45-632 for the last five years.

4. The person does not maintain a negative balance in the person's flexibility account established pursuant to section 45-467.

5. The department has not issued a certificate of assured water supply for the acres associated with the relinquishment.

B. The director shall quantify groundwater savings credits.  When quantifying groundwater savings credits, the following apply:

1. The amount of groundwater savings credit shall be determined in acre-feet by multiplying the acres associated with the relinquishment by the following conversion multiplier:

(a) In the Phoenix active management area, one hundred fifty.

(b) In the Pinal active management area, one hundred.

2. A person may not receive groundwater savings credits for a volume of water that exceeds sixty times the mean amount of groundwater used annually pursuant to the irrigation grandfathered right in the three years with the highest use during the five years preceding an application to permanently relinquish the irrigation grandfathered right. If a person applies to relinquish an irrigation grandfathered right after conveyance of an irrigation grandfathered right, the mean amount of groundwater used annually shall be determined using a proportionate share of the total amount of groundwater used annually pursuant to any irrigation grandfathered rights appurtenant to the land included in the irrigation grandfathered right that the person has applied to relinquish in the years used to satisfy the requirements of subsection A, paragraph 2 of this section.

C. When issuing groundwater savings credits, the director shall:

1. Identify all of the following:

(a) The amount of groundwater savings credits as calculated pursuant to subsection B of this section.

(b) The number and location of the acres associated with the relinquishment.

(c) The wells that have been used to serve land to which the irrigation grandfathered right is appurtenant.

(d) The owner of the acres associated with the relinquishment at the time of the relinquishment that holds the groundwater savings credits.

2. Determine whether the criteria prescribed in subsection D, paragraph 3 or subsection E, paragraph 3 of this section would be satisfied.  This determination shall be applied to an assured water supply application that is submitted to the department within two years after the date the groundwater savings credits are issued and shall remain valid until the director makes a final decision on the assured water supply application.

D. For the purposes of a designation or modification of a designation of assured water supply, the volume of groundwater withdrawn or stored water recovered outside the area of impact of storage associated with groundwater savings credits calculated pursuant to subsection B of this section is exempt from the requirement to demonstrate that the groundwater is physically available in accordance with section 45-576 if all of the following apply:

1. The acres associated with the relinquishment and the location of the proposed use associated with the groundwater savings credits are or will be within the service area of a municipal provider that is designated as having an assured water supply or that has applied for a designation of assured water supply.

2. The applicant proposes to withdraw groundwater or stored water recovered outside of the area of impact of storage associated with the groundwater savings credits from one or more of the following locations:

(a) Any well that was used to serve land to which the irrigation grandfathered right is appurtenant.

(b) Any well that is located within one mile of any well that was used to serve land to which the irrigation grandfathered right is appurtenant.

(c) Any well that is located on the acres associated with the relinquishment.

(d) Any well that is located within one mile of the acres associated with the relinquishment.

3. The applicant demonstrates that groundwater or stored water recovered outside the area of impact of storage can be withdrawn to serve the proposed use for one hundred years without exceeding the depth of the aquifer or the applicable depth-to-static water level limit of the active management area, whichever is less. For the purposes of this demonstration:

(a) The director may not consider other withdrawals that exceed the depth of the aquifer or the applicable depth-to-static water level limit during the one hundred-year period as follows:

(i) In the Phoenix active management area, the depth-to-static water level limit is one thousand feet below land surface.

(ii) In the Pinal active management area, the depth-to-static water level limit is one thousand one hundred feet below land surface.

(b) For withdrawals located within one mile of any well that was used to serve land to which the irrigation grandfathered right is appurtenant, the applicant may rely on the director's determination pursuant to subsection C of this section, if applicable, or on the director's most recent assured water supply projection to satisfy this requirement. This subdivision shall not apply if more than forty percent of the water used during the period used in the director's most recent assured water supply projection by land to which the irrigation grandfathered right is appurtenant was in lieu water as defined in section 45-802.01.

(c) Except as provided by subdivision (b) of this paragraph, the applicant must update the director's most recent assured water supply projection only to make reasonable modifications to the locations or rates of the withdrawals to reflect the changes that result from the proposed use.

4. The applicant submits evidence to the department that the water used pursuant to the groundwater savings program established under this section will not be used on any of the following:

(a) Turf that is not located in a recreational use area or other space that is regularly used for stormwater management or for civic, community or other recreational purposes, including playgrounds, sports fields, cemeteries or schoolyards.

(b) Water parks.

(c) Decorative water features, including lakes, ponds or lagoons, except as provided in section 45-132, subsection B, paragraph 4, subdivision (a).

E. For the purposes of an application for a certificate of assured water supply that proposes to rely on groundwater savings credits, the volume of groundwater or stored water recovered outside the area of impact of storage associated with the amount of groundwater savings credits calculated pursuant to subsection B of this section is exempt from the requirement to demonstrate that the groundwater or stored water recovered outside the area of impact of storage is physically available in accordance with section 45-576 if all of the following apply:

1. The proposed use associated with the groundwater savings credits is on the acres associated with the relinquishment or on land that is located within one mile of the exterior boundary of the acres associated with the relinquishment.

2. The applicant proposes to withdraw groundwater or stored water recovered outside the area of impact of storage associated with the groundwater savings credits from one or more of the following locations:

(a) Any well that was used to serve land to which the irrigation grandfathered right is appurtenant.

(b) Any well that is located within one mile of any well that was used to serve land to which the irrigation grandfathered right is appurtenant.

(c) Any well that is located on the acres associated with the relinquishment.

(d) Any well that is located within one mile of the acres associated with the relinquishment.

3. The applicant demonstrates that groundwater or stored water recovered outside of the area of impact of storage can be withdrawn to serve the proposed use for one hundred years without exceeding the depth of the aquifer or the applicable depth-to-static water level limit of the active management area, whichever is less. For the purposes of this demonstration:

(a) The director may not consider other withdrawals that exceed the depth of the aquifer or the applicable depth-to-static water level limit during the one hundred-year period as follows:

(i) In the Phoenix active management area, the depth-to-static water level limit is one thousand feet below land surface.

(ii) In the Pinal active management area, the depth-to-static water level limit is one thousand one hundred feet below land surface.

(b) For withdrawals located within one mile of any well that was used to serve the irrigation grandfathered right, the applicant may rely on the director's determination pursuant to subsection C of this section, if applicable, or on the director's most recent assured water supply projection to satisfy this requirement.  This subdivision shall not apply if more than forty percent of the water used by the irrigation grandfathered right during the period used in the director's most recent assured water supply projection was in lieu water as defined in section 45-802.01.

(c) Except as provided by subdivision (b) of this paragraph, the applicant must update the director's most recent assured water supply projection only to make reasonable modifications to the locations or rates of the withdrawals to reflect the changes that result from the proposed use.

4. The applicant submits evidence to the department that the water used pursuant to the groundwater savings program established under this section will not be used on any of the following:

(a) Turf that is not located in a recreational use area or other space that is regularly used for stormwater management or for civic, community or other recreational purposes, including playgrounds, sports fields, cemeteries or schoolyards.

(b) Water parks.

(c) Decorative water features, including lakes, ponds or lagoons, except as provided in section 45-132, subsection B, paragraph 4, subdivision (a).

F. An applicant that submits an application for a certificate of assured water supply on or before December 31, 2030 may rely on groundwater savings credits pledged to the certificate that is issued based on that application. An applicant may not pledge groundwater savings credits to an application for a certificate of assured water supply that is submitted on or after January 1, 2031.

G. The director shall adopt rules on or before June 30, 2026 through expedited rulemaking to:

1. Set licensing time frames to issue groundwater savings credits.

2. Develop a summary process to apply groundwater savings credits to designations of assured water supply.

H. Before the director issues groundwater savings credits, the director shall both:

1. Notify the holder of the irrigation grandfathered right in writing of the department's preliminary recommendations regarding the items described in subsection C of this section.

2. Request written confirmation that the holder of the irrigation grandfathered right would like to proceed with relinquishment.  On receipt of confirmation that the applicant would like to relinquish the irrigation grandfathered right, the director shall issue groundwater savings credits pursuant to subsection C of this section.

I. A person that holds groundwater savings credits may assign the person's credits to the subsequent owner of the acres associated with the relinquishment. A person that holds groundwater savings credits may pledge the credits to an assured water supply application that proposes to rely on the credits pursuant to subsection D or E of this section.

J. After the director issues a certificate of assured water supply based on groundwater savings credits, if a municipal provider that serves acres associated with the relinquishment becomes a designated provider or if the service area of a designated provider is extended to include the subdivision for which a certificate of assured water supply was issued, the remaining groundwater savings credits associated with the certificate shall be used to support the designation.

K. On acres associated with the relinquishment and areas within one mile of the acres associated with the relinquishment that use groundwater pursuant to subsection E of this section, the following prohibitions apply:

1. A municipal provider or association as defined in section 33-1802 may not use the groundwater or stored water recovered outside the area of impact of storage for any of the following:

(a) Application to turf that is not located in a recreational use area or other space that is regularly used for stormwater management or for civic, community or recreational purposes, including playgrounds, sports fields, cemeteries or schoolyards.

(b) Water parks.

(c) Decorative water features, including lakes, ponds or lagoons, except as provided in section 45-132, subsection B, paragraph 4, subdivision (a).

2. An association as defined in section 33-1802 may not adopt or enforce any of the following:

(a) Minimum turf requirements for turf that is not located in a recreational use area or other space that is regularly used for stormwater management or for civic, community or recreational purposes, including playgrounds, sports fields, cemeteries or schoolyards.

(b) Requirements for the installation, filling or refilling of:

(i) Water parks.

(ii) Decorative water features, including lakes, ponds or lagoons, except as provided in section 45-132, subsection B, paragraph 4, subdivision (a).

L. The director may adopt rules to implement the groundwater savings program prescribed by this section for the Tucson active management area that include an applicable conversion multiplier and necessary parameters to ensure groundwater savings in the Tucson active management area if the director determines that all of the following apply:

1. Groundwater withdrawals in the Tucson active management area over a period of one hundred years will exceed the depth-to-static water level of one thousand feet or the depth of the aquifer, whichever is less.

2. A groundwater savings program established in the Tucson active management area would reduce groundwater use over the next one hundred years.

3. Expanding the program to include the Tucson active management area would be in the best interest of that active management area and of a conservation district.

M. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director pursuant to this section.

N. On application to the director by the current owner of the acres associated with the relinquishment, the director shall restore a relinquished irrigation grandfathered right and rescind all issued groundwater savings credits if the groundwater savings credits have not been pledged to a certificate of assured water supply or a designation of assured water supply pursuant to section 45-576, subsection M.

O. For the purposes of this section:

1. "Acres associated with the relinquishment" means land to which the irrigation grandfathered right that is relinquished in exchange for groundwater savings credits was appurtenant.

2. "Municipal provider" has the same meaning prescribed in section 45-561.

3. Stored water recovered outside the area of impact does not include long-term storage credits issued to the Arizona water banking authority or held by the Arizona water banking authority at any time.

4. "Well" includes a replacement well as prescribed in section 45-597 or 45-598.
A.R.S. § 45-1311 — Arizona Code / Title 45 / Chapter 7 / Article 2 / Section 1311
45-1311 Ratification
Status: in_force

45-1311. Ratification

The Colorado River compact executed at Santa Fe, New Mexico, November 24, 1922, by representatives of the states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming is unconditionally ratified, approved and confirmed.

Text of Colorado River Compact

The States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, having resolved to enter into a compact under the Act of the Congress of the United States of America approved August 19, 1921 (42 Statutes at Large, Page 171) and the Acts of the Legislatures of the said States, have through their Governors appointed as their Commissioners:

W. S. Norviel         for the State of Arizona

W. F. McClure         for the State of California

Delph E. Carpenter      for the State of Colorado

J. G. Scrugham        for the State of Nevada

Stephen B. Davis, Jr.     for the State of New Mexico

R. E. Caldwell        for the State of Utah

Frank C. Emerson       for the State of Wyoming

who, after negotiations participated in by Herbert Hoover appointed by The President as the representative of the United States of America, have agreed upon the following articles:

ARTICLE I

The major purposes of this compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System; to establish the relative importance of different beneficial uses of water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Colorado River Basin, the storage of its waters and the protection of life and property from floods.  To these ends the Colorado River Basin is divided into two Basins, and an apportionment of the use of part of the water of the Colorado River System is made to each of them with the provision that further equitable apportionments may be made.

ARTICLE II

As used in this compact:--

(a) The term "Colorado River System" means that portion of the Colorado River and its tributaries within the United States of America.

(b) The term "Colorado River Basin" means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied.

(c) The term "States of the Upper Division" means the States of Colorado, New Mexico, Utah and Wyoming.

(d) The term "States of the Lower Division" means the States of Arizona, California and Nevada.

(e) The term "Lee Ferry" means a point in the main stream of the Colorado River one mile below the mouth of the Paria River.

(f) The term "Upper Basin" means those parts of the States of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which waters naturally drain into the Colorado River System above Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the System above Lee Ferry.

(g) The term "Lower Basin" means those parts of the States of Arizona, California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado River System below Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the System below Lee Ferry.

(h) The term "domestic use" shall include the use of water for household, stock, municipal, mining, milling, industrial and other like purposes, but shall exclude the generation of electrical power.

ARTICLE III

(a) There is hereby apportioned from the Colorado River System in perpetuity to the Upper Basin and to the Lower Basin respectively the exclusive beneficial consumptive use of 7,500,000 acre feet of water per annum, which shall include all water necessary for the supply of any rights which may now exist.

(b) In addition to the apportionment in paragraph (a), the Lower Basin is hereby given the right to increase its beneficial consumptive use of such waters by one million acre feet per annum.

(c) If, as a matter of international comity, the United States of America shall hereafter recognize in the United States of Mexico any right to the use of any waters of the Colorado River System, such waters shall be supplied first from the waters which are surplus over and above the aggregate of the quantities specified in paragraphs (a) and (b); and if such surplus shall prove insufficient for this purpose, then, the burden of such deficiency shall be equally borne by the Upper Basin and the Lower Basin, and whenever necessary the States of the Upper Division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in paragraph (d).

(d) The States of the Upper Division will not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification of this compact.

(e) The States of the Upper Division shall not withhold water, and the States of the Lower Division shall not require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses.

(f) Further equitable apportionment of the beneficial uses of the waters of the Colorado River System unapportioned by paragraphs (a), (b) and (c) may be made in the manner provided in paragraph (g) at any time after October first, 1963, if and when either Basin shall have reached its total beneficial consumptive use as set out in paragraphs (a) and (b).

(g) In the event of a desire for a further apportionment as provided in paragraph (f) any two signatory States, acting through their Governors, may give joint notice of such desire to the Governors of the other signatory States and to The President of the United States of America, and it shall be the duty of the Governors of the signatory States and of The President of the United States of America forthwith to appoint representatives, whose duty it shall be to divide and apportion equitably between the Upper Basin and Lower Basin the beneficial use of the unapportioned water of the Colorado River System as mentioned in paragraph (f), subject to the legislative ratification of the signatory States and the Congress of the United States of America.

ARTICLE IV

(a) Inasmuch as the Colorado River has ceased to be navigable for commerce and the reservation of its waters for navigation would seriously limit the development of its Basin, the use of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural and power purposes. If the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding.

(b) Subject to the provisions of this compact, water of the Colorado River System may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes.

(c) The provisions of this article shall not apply to or interfere with the regulation and control by any State within its boundaries of the appropriation, use and distribution of water.

ARTICLE V

The chief official of each signatory State charged with the administration of water rights, together with the Director of the United States Reclamation Service and the Director of the United States Geological Survey shall cooperate, ex officio:

(a) To promote the systematic determination and co-ordination of the facts as to flow, appropriation, consumption and use of water in the Colorado River Basin, and the interchange of available information in such matters.

(b) To secure the ascertainment and publication of the annual flow of the Colorado River at Lee Ferry.

(c) To perform such other duties as may be assigned by mutual consent of the signatories from time to time.

ARTICLE VI

Should any claim or controversy arise between any two or more of the signatory States:  (a) with respect to the waters of the Colorado River System not covered by the terms of this compact; (b) over the meaning or performance of any of the terms of this compact; (c) as to the allocation of the burdens incident to the performance of any article of this compact or the delivery of waters as herein provided; (d) as to the construction or operation of works within the Colorado River Basin to be situated in two or more States, or to be constructed in one State for the benefit of another State; or (e) as to the diversion of water in one State for the benefit of another State; the Governors of the States affected, upon the request of one of them, shall forthwith appoint Commissioners with power to consider and adjust such claim or controversy, subject to ratification by the Legislatures of the States so affected.

Nothing herein contained shall prevent the adjustment of any such claim or controversy by any present method or by direct future legislative action of the interested States.

ARTICLE VII

Nothing in this compact shall be construed as affecting the obligations of the United States of America to Indian tribes.

ARTICLE VIII

Present perfected rights to the beneficial use of waters of the Colorado River System are unimpaired by this compact.  Whenever storage capacity of 5,000,000 acre feet shall have been provided on the main Colorado River within or for the benefit of the Lower Basin, then claims of such rights, if any, by appropriators or users of water in the Lower Basin against appropriators or users of water in the Upper Basin shall attach to and be satisfied from water that may be stored not in conflict with Article III.

All other rights to beneficial use of waters of the Colorado River System shall be satisfied solely from the water apportioned to that Basin in which they are situate.

ARTICLE IX

Nothing in this compact shall be construed to limit or prevent any State from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under this compact or the enforcement of any of its provisions.

ARTICLE X

This compact may be terminated at any time by the unanimous agreement of the signatory States.  In the event of such termination all rights established under it shall continue unimpaired.

ARTICLE XI

This compact shall become binding and obligatory when it shall have been approved by the Legislatures of each of the signatory States and by the Congress of the United States.  Notice of approval by the Legislatures shall be given by the Governor of each signatory State to the Governors of the other signatory States and to the President of the United States, and the President of the United States is requested to give notice to the Governors of the signatory States of approval by the Congress of the United States.

IN WITNESS WHEREOF, the Commissioners have signed this compact in a single original, which shall be deposited in the archives of the Department of State of the United States of America and of which a duly certified copy shall be forwarded to the Governor of each of the signatory States.

DONE at the City of Santa Fe, New Mexico, this twenty-fourth day of November, A.D. One Thousand Nine Hundred and Twenty-two.

(Signed) W. S. Norviel

(Signed) W. F. McClure

(Signed) Delph E. Carpenter

(Signed) J. G. Scrugham

(Signed) Stephen B. Davis, Jr.

(Signed) R. E. Caldwell

(Signed) Frank C. Emerson

APPROVED:

(Signed) Herbert Hoover.
A.R.S. § 45-175 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 175
45-175 Chronological preference to water in times of scarcity
Status: in_force

45-175. Chronological preference to water in times of scarcity

During years when a scarcity of water exists, owners of lands shall have preference to the water for irrigation according to the dates of their appropriation or their occupation of the lands, either by themselves or their grantors. The oldest titles shall have precedence.
A.R.S. § 45-1993 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1993
45-1993 Scope of resolution
Status: in_force

45-1993. Scope of resolution

A. Resolutions for a bond issue or issues shall state the amount of the proposed issue or issues, the proposed interest rate and types and terms of bonds, that all other methods of necessary financing by the authority have been found impractical, inadvisable or inadequate and that the issuance of the bonds is necessary and advisable as proposed.

B. The authority chairman and secretary-treasurer shall sign the resolutions. In support of the resolution the authority shall enter into its record pertinent engineering, economic and financial data, appropriate maps, drawings, plans, outlines, calculations, summaries and related agreements and any other essential information constituting a record appropriate to the resolution.

C. The resolution may approve a bond issue to finance an entire plan or system or any single or joint project, section or other facility of a related system or plan proposed for ultimate integration and completion.