A.R.S. § 45-567.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 567.01
45-567.01 Non-per capita conservation program for municipal providers; fourth management period
Status: in_force

45-567.01. Non-per capita conservation program for municipal providers; fourth management period

A. In addition to the provisions of the management plan for the fourth management period prescribed by section 45-567, subsection A, the director shall include in the management plan a non-per capita conservation program for municipal providers.  The program shall require a municipal provider regulated under the program to implement water conservation measures in its service area, including all of the following:

1. A public education program relating to water conservation.

2. A program to meter all service area connections, except connections to fire services, dwelling units in multifamily residential structures, mobile homes in mobile home parks with master meters and construction users.

3. One or more additional conservation measures selected by the provider from the list of conservation measures adopted by the director pursuant to subsection B of this section, subject to approval by the director pursuant to subsection F or G of this section.  The program may prescribe the number of additional conservation measures that a provider must implement under this paragraph based on the number of service connections in the provider's service area.

B. The director shall include in the non-per capita conservation program a list and description of conservation measures that municipal providers regulated under the program must select from to comply with the requirements adopted pursuant to subsection A, paragraph 3 of this section.

C. In addition to the requirements prescribed in subsection A of this section, a municipal provider regulated under the non-per capita conservation program shall:

1. Include in its annual reports filed pursuant to section 45-632 a copy of the provider's current water rate structure unless no changes have been made to the rate structure since it was last submitted to the director. A municipal provider regulated under the non-per capita conservation program is encouraged to adopt a water rate structure that promotes efficient use of water, subject to approval by the corporation commission if the provider is a public service corporation.

2. For at least five years after a year in which the municipal provider is regulated under the non-per capita conservation program, keep and maintain accurate records verifying that the municipal provider implemented the conservation measures required by the non-per capita conservation program during that year.

D. The director shall design the non-per capita conservation program to achieve water use efficiency in the service areas of municipal providers regulated under the program equivalent to the water use efficiency assumed by the director in establishing the per capita conservation requirements pursuant to section 45-567, subsection A, paragraph 2.

E. Except as provided in subsections I, J and K of this section, on or before the date specified in the management plan, a municipal provider notified of the non-per capita conservation program pursuant to section 45-567, subsection C or section 45-571.01, subsection B shall submit to the director, on a form prescribed by the director, a provider profile that contains the following information:

1. A description of the municipal provider's existing service area characteristics and water use patterns.

2. A description of the conservation measures the municipal provider is currently implementing and any additional conservation measures that the provider intends to implement to comply with the non-per capita conservation program.

3. An explanation of how each conservation measure described in the provider profile is relevant to the municipal provider's existing service area characteristics or water use patterns.

F. Within ninety days after receiving a municipal provider's provider profile under subsection E of this section, the director shall approve or disapprove the provider profile and send written notice of the decision to the municipal provider.  The director shall approve the provider profile if the director determines that the profile contains information demonstrating that the municipal provider will implement at least the minimum number of conservation measures required by the non-per capita conservation program and that the conservation measures are reasonably relevant to the municipal provider's existing service area characteristics or water use patterns.  If the director disapproves the provider profile, the director shall include with the written notice of the decision the reasons for the disapproval.  A decision of the director disapproving a provider profile is an appealable agency action pursuant to title 41, chapter 6, article 10.  If the director fails to send the municipal provider written notice approving or disapproving the provider profile within ninety days after receiving the provider profile, the provider profile shall be deemed approved.

G. If the director disapproves a municipal provider's provider profile pursuant to subsection F of this section, within ninety days after the date of the director's written notice disapproving the provider profile, or within ninety days after the director's decision is final if the municipal provider files a timely notice of appeal of the decision pursuant to title 41, chapter 6, article 10, the municipal provider shall revise the provider profile to correct the deficiencies identified by the director in the written notice and submit the revised provider profile to the director.  Within ninety days after receiving a municipal provider's revised provider profile pursuant to this subsection, the director shall approve or disapprove the revised provider profile pursuant to subsection F of this section.  If the director disapproves the revised provider profile:

1. The decision is an appealable agency action pursuant to title 41, chapter 6, article 10.

2. The municipal provider is in violation of this section beginning on the date the director's decision is final until the municipal provider submits a provider profile that is approved by the director, except that the provider shall not be in violation before the compliance date for the non-per capita conservation program specified in the management plan.

H. Except as provided in subsections I, J and K of this section, a municipal provider notified of the non-per capita conservation program pursuant to section 45-567, subsection C or section 45-571.01, subsection B shall be regulated under the program beginning on the date the director approves the municipal provider's provider profile pursuant to subsection F or G of this section, but not earlier than the compliance date specified in the management plan.  A municipal provider regulated under the non-per capita conservation program shall comply with the program beginning on the date the provider is first regulated under the program until the compliance date for the applicable conservation requirements established in the management plan for the fifth management period.

I. A municipal provider designated as having an assured water supply pursuant to section 45-576 shall not be regulated under the non-per capita conservation program, but instead shall be regulated under the per capita conservation program established by the director pursuant to section 45-567, subsection A, paragraph 2, unless both of the following apply:

1. The municipal provider notifies the director in writing that it elects to be regulated under the non-per capita conservation program and includes with the notice a provider profile that contains the information prescribed by subsection E of this section.

2. The director approves the municipal provider's provider profile pursuant to subsection F of this section or a revised provider profile pursuant to subsection G of this section.  The municipal provider shall be regulated under the non-per capita conservation program beginning on the date the director approves the provider profile or a revised provider profile.

J. A large untreated water provider shall not be regulated under the non-per capita conservation program with respect to its deliveries of untreated water.  A large untreated water provider shall comply with any conservation or rate of use requirements established pursuant to section 45-567, subsection A, paragraph 3 with respect to its deliveries of untreated water.

K. A small municipal provider shall not be regulated under the non-per capita conservation program, but instead shall comply with any conservation requirements established for small municipal providers pursuant to section 45-567, subsection A, paragraph 2.

L. A municipal provider regulated under the non-per capita conservation program established under this section shall comply with any individual user requirements prescribed pursuant to section 45-567, subsection A, paragraph 2, except as provided in section 45-571.02.

M.  A municipal provider regulated under the non-per capita conservation program established under this section is exempt from the per capita conservation requirements prescribed under section 45-567, subsection A, paragraph 2.
A.R.S. § 45-1601 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1601
45-1601 License required
Status: in_force

45-1601. License required

No person or corporation, other than the United States and its administrative agencies or the state shall, without having first received a license from the director of water resources, conduct any weather control or cloud modification operations or attempt artificially to produce rainfall.
A.R.S. § 45-438 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 438
45-438 Review and modification of boundaries of irrigation non-expansion areas
Status: in_force

45-438. Review and modification of boundaries of irrigation non-expansion areas

A. The director may review and modify the boundaries of an irrigation non-expansion area as conditions require and factual data justify.

B. The director shall review the boundaries of an irrigation non-expansion area upon receipt of a petition signed by persons who together withdraw not less than one-fourth of the groundwater withdrawn in the irrigation non-expansion area.

C. Before modifying the boundaries of an irrigation non-expansion area, the director shall give notice of and hold a hearing on the proposed modifications pursuant to the procedures prescribed by section 45-435.  After the hearing, the director shall prepare written findings pursuant to section 45-436.
A.R.S. § 45-1710 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1710
45-1710 Powers of municipalities, districts and other public bodies and officers
Status: in_force

45-1710. Powers of municipalities, districts and other public bodies and officers

Notwithstanding any provision of law but subject to the exceptions prescribed by this section, all municipalities, districts and other public bodies are authorized and empowered to enter into contracts with the director or the authority as provided in section 45-1708 for the sale or delivery of water or the sale or transmission of power, on such terms and conditions as shall be determined by the parties, and to carry out their obligations under the contracts, except that groundwater replenishment districts established under title 48, chapter 27 are not eligible to contract for the sale or transmission of power under this chapter. Eligible municipalities, districts and other public bodies, their officials and all state agencies and officials may do such acts and make such additional agreements not inconsistent with law as may be necessary or desirable in connection with the construction, operation, maintenance and financing of any project or projects included in the state water and power plan.
A.R.S. § 45-162 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 162
45-162 Certificate of water right; time limitation on use of water for power purposes
Status: in_force

45-162. Certificate of water right; time limitation on use of water for power purposes

A. When it appears to the satisfaction of the director that an appropriation has been perfected and a beneficial use completed in accordance with the provisions of this article, the director shall issue to the applicant a certificate signed by the director and attested by the seal of the department. The certificate shall set forth the name and address of the owner of the right, the priority of date and the extent and purpose of the right and, if the water is for irrigation purposes, a description of the legal subdivisions of land to which the water is appurtenant. On receiving the certificate, the owner may transmit the certificate and the recording fee to the county recorder of the county in which such right is located, who shall record the certificate in a book kept for that purpose and immediately transmit the certificate to the owner.

B. Certificates for rights to the use of water for power development shall limit the right or franchise to a period of forty years from the date of application, subject to a preferred right of renewal under the laws existing at the date of expiration of the franchise or right. The right acquired by the appropriation shall date from filing the application with the director.
A.R.S. § 45-190 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 190
45-190 Overstating claim; classification
Status: in_force

45-190. Overstating claim; classification

The filing of a statement of claim pursuant to this article which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed constitutes a class 3 misdemeanor.
A.R.S. § 45-2611 — Arizona Code / Title 45 / Chapter 15 / Article 2 / Section 2611
45-2611 Transportation of underground water and stored water away from an eastern protection zone or western protection zone prohibited; exceptions
Status: in_force

45-2611. Transportation of underground water and stored water away from an eastern protection zone or western protection zone prohibited; exceptions

A. Except as provided in subsection B of this section, beginning on the effective date of this section, underground water or stored water withdrawn in an eastern protection zone or a western protection zone may not be transported away from the protection zone in which the water was withdrawn if the transportation is for a nonirrigation use.

B. Subsection A of this section does not apply to any of the following:

1. The transportation of underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use in an annual amount that does not exceed the highest annual volume of underground water or stored water transported away from the same protection zone for that use during calendar years 1999 through 2001.

2. The transportation of underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use if the person transporting the underground water or stored water replenishes the water as provided in section 45-2625 within twenty-four months after the end of the calendar year in which the transportation occurs.

3. The transportation of underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use if the person transporting the underground water or stored water replaces the water with an equivalent amount of water imported into that protection zone within the same calendar year in which the transportation occurs.

4. The transportation of stored water away from an eastern protection zone or a western protection zone if the stored water was originally stored in the protection zone from which the water was recovered.

5. The transportation of underground water or stored water between the eastern protection zone north and the eastern protection zone south.

6. The transportation of underground water or stored water between the western municipal and industrial protection zone and the western municipal protection zone if the water is transported for a municipal use on municipal acres.

7. Through 2023, the transportation of underground water and stored water withdrawn by a water company within an eastern protection zone and transported by the water company for municipal uses outside of the eastern protection zones.  For the purposes of this paragraph, stored water does not include any water stored within an eastern protection zone and recovered within that protection zone.

8. Beginning with calendar year 2024, the annual transportation of up to one thousand two hundred seventy-five acre-feet of underground water and stored water withdrawn by a water company within the eastern protection zones and transported by the water company for municipal uses outside of the eastern protection zones.  For the purposes of this paragraph, stored water does not include any water stored within an eastern protection zone and recovered within that protection zone.
A.R.S. § 45-874.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 874.01
45-874.01 Long-term storage credit recovery fee; amount; notice; payment; penalty
Status: in_force

45-874.01. Long-term storage credit recovery fee; amount; notice; payment; penalty

A. The director shall levy and collect a long-term storage credit recovery fee from each person who recovers long-term storage credits pursuant to a recovery well permit issued under section 45-834.01. The amount of the long-term storage credit recovery fee is equal to the amount of the groundwater withdrawal fee levied for administration and enforcement of chapter 2 of this title pursuant to section 45-611, subsection A, paragraph 1.

B. Not later than October 1 of each year the director shall file in the department an order setting the long-term storage credit recovery fee for the following calendar year.

C. Within thirty days after the director sets the long-term storage credit recovery fee for the following calendar year, the director shall give written notice of the fee to all holders of recovery well permits issued under this chapter.

D. A person shall pay the long-term storage credit recovery fee to the department at the time the person holding a recovery well permit files an annual report pursuant to section 45-875.01. If a person who is required to pay a long-term storage credit recovery fee fails to pay the fee when due, the director may assess and collect a penalty of ten per cent of the unpaid fee, without compounding, for each month or portion of a month that the fee is delinquent. The total penalty assessed under this subsection shall not exceed sixty per cent of the unpaid fee.

E. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to subsection A of this section in the water resources fund established by section 45-117 and all monies collected pursuant to subsection D of this section in the state general fund.
A.R.S. § 45-593 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 593
45-593 Registration of existing wells; permanent record of all wells; reporting open wells
Status: in_force

45-593. Registration of existing wells; permanent record of all wells; reporting open wells

A. On or before June 12, 1982, a person who owns an existing well which is or has been used to withdraw or monitor water shall register the well on a registration form provided by the director. The registration form shall include:

1. The registration number of any well previously required to be registered in this state before June 12, 1980.

2. The legal description of the land upon which the well is located, the location of the well on the land and the name and mailing address of the owner of the land.

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

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

5. The maximum pumping capacity of the well.

6. Any other information which the director may require.

B. The director shall assign a registration number to each well registered pursuant to this section and to all other wells drilled pursuant to this chapter and shall maintain a permanent record of registration numbers and all other information on new and existing wells pursuant to this chapter and previous law.

C. The person to whom a well is registered shall notify the director of a change in ownership of the well, and the new owner shall furnish information as required by the director to keep the department's well registration records current and accurate.

D. Within thirty days after a change of ownership of real property, the new owner shall notify the director in writing of the existence of any open well or wells on the property which the new owner has discovered. Thereafter, the owner shall report the existence of any open well on the property within ten days after the owner discovers the well.

E. This article shall not be construed to legalize any well existing on June 12, 1980, the effective date of this article, which was not in accordance with prior statutory law.
A.R.S. § 45-1447 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1447
45-1447 State and United States held harmless; nonliability
Status: in_force

45-1447. State and United States held harmless; nonliability

The director shall not disburse any monies appropriated pursuant to this chapter or any special appropriations for flood control unless and until a public agency has in writing assumed the obligations of maintenance and provided this state and, if applicable, the federal government with written indemnification from damages due to the construction of flood control projects.
A.R.S. § 45-137 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 137
45-137 Civil penalties
Status: in_force

45-137. Civil penalties

A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article may be assessed a civil penalty in an amount not exceeding:

1. One hundred dollars per day of violation not directly related to the illegal filling or refilling of all or a portion of a body of water.

2. Ten thousand dollars per day of violation directly related to the illegal filling or refilling of all or a portion of a body of water.

B. An action to recover penalties under this section shall be brought by the director in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of harm to the public, whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.
A.R.S. § 45-2113 — Arizona Code / Title 45 / Chapter 12 / Article 2 / Section 2113
45-2113 Fund grants; applications
Status: in_force

45-2113. Fund grants; applications

A. The commission shall grant monies from the fund consistent with the application guidelines developed pursuant to section 45-2105. The commission shall establish a procedure by which monies may be granted annually which shall include a maximum of six months between the receipt of the proposal by the commission and the disbursement of monies. The commission shall give priority in funding to the following:

1. Projects for which matching monies or assets of comparable value, including in-kind contributions, will be provided by other sources.

2. Projects that provide for the continued maintenance of the portion of the river and stream and associated riparian habitat that are enhanced by the project.

3. Projects that include broad based local involvement.

4. Projects that directly benefit perennial or intermittent rivers or streams or that otherwise increase the supply of water.

B. The commission shall require as a condition of approval of any proposal all of the following provisions:

1. Allowing access for inspection and evaluation of the project.

2. Controlling the expenditure of and accounting for any monies granted by the commission

3. Requiring that those persons responsible for the project submit all pertinent information and research gained from the project to the commission.

4. Requiring that any person receiving a grant spend no more than five percent of the grant on costs of administration.

C. The commission shall provide for public involvement regarding the applications submitted to the commission which shall include notice to any person who requests notice of applications and which shall provide a reasonable opportunity for comment on the application which shall not be less than forty-five days.

D. On receipt of an application the commission shall notify cities, towns, counties, natural resource conservation districts, special districts and Indian communities affected by the proposal and shall provide a reasonable opportunity for comment on the application which shall not be less than forty-five days.

E. Any person, state agency or political subdivision of this state may submit a request for funding from the fund for purposes prescribed by this section. A federal agency is not eligible for funding from the fund. Requests for funding shall be made to the commission.  Requests for funding submitted to the commission may be accompanied by expressions of support from affected cities, towns, counties, natural resource conservation districts, special districts or Indian communities.

F. As a condition of approval by the commission, the applicant shall commit to work jointly with the affected cities, towns, counties, natural resource conservation districts, special districts and Indian communities that have contacted the commission pursuant to subsection D of this section on all aspects of the proposal's implementation and monitoring, unless the jurisdiction chooses not to participate.

G. Monies in the fund may only be spent to finance programs located in this state.

H. Monies in the fund may be spent for any of the following:

1. Granting monies to entities for the acquisition of central Arizona project water or effluent that will protect or restore rivers or streams consistent with state water law.  No entity may exercise the right of eminent domain to acquire water or water rights using monies derived from this fund.

2. Granting monies to assist in developing, promoting and implementing water conservation programs, directly related to the purposes of this chapter, outside of the active management areas.

3. Granting monies in support of research and data collection, compilation and analysis directly related to the purposes of this chapter except that no more than five percent of the monies deposited in the fund in any fiscal year may be spent for this purpose.  Before the approval of any such project, the commission shall consult with the department of water resources and the state land department to determine whether any research of a similar nature has been or is in the process of being performed and is already available. The commission shall not approve a proposal if either department determines that sufficient data exists and notifies the commission in writing.

4. Granting monies for the development and implementation of capital projects or specific measures consistent with the purposes of this chapter.

I. Monies in the fund may not be spent for:

1. Any project that includes the planting of mesquite, tamarisk or other nonnative high water usage trees that consume water to a degree that is detrimental to water conservation efforts, but may be used for removal of mesquite, tamarisk or other nonnative high water usage trees that consume water to a degree that is detrimental to water conservation efforts.

2. Any remedial action purposes undertaken pursuant to the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code section 9601) or title 49, chapter 2, article 5.
A.R.S. § 45-1994 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1994
45-1994 Hearing; findings
Status: in_force

45-1994. Hearing; findings

A. The chairman of the board, at the earliest practical date, shall fix a time and place for a hearing at least twenty but not more than thirty days after adopting the resolution. The authority shall publish notice of the time and place fixed for the hearing twice in a newspaper of general circulation in the county in which the authority is established.

B. All pertinent records and documents shall be filed at least ten days before the date set for the hearing. Prehearings respecting any particular document, feature or incidental matter or any separable part or portion of any resolution may be held by the board on ten days' previous written notice if the board deems that holding a prehearing is conducive to expediting a final hearing, and a decision as to the issues presented may thereupon be rendered.

C. At the time and place fixed for the hearing, the board shall examine and determine the matters and questions involved. Hearings may be recessed, adjourned or continued as the board orders.

D. Any person who holds an original agreement or proposal made with the authority relating to or concerning the handling, sale, control or disposition of a proposed issue of bonds or who has previously made an offer or bid in good faith to purchase the bonds pursuant to a published invitation for bids by the authority, and any operating unit holding contracts with the authority at least ten days before the date fixed for the hearing, may qualify to be heard.

E. If the board finds that all precedent requirements and conditions have been fulfilled, it shall approve the bond issue in whole or in part or shall otherwise disapprove the bond issue as a whole or as to such features or proposals as do not meet the essential requirements. When the board has made and entered its findings, it shall enter a decision accordingly.

F. The decision of the board based on findings of fact that are supported by a preponderance of the evidence and that are not arbitrary or unreasonable is final and conclusive.
A.R.S. § 45-612 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 612
45-612 Administration and enforcement withdrawal fee; exemption from lapsing; disposition of excess monies
Status: in_force

45-612. Administration and enforcement withdrawal fee; exemption from lapsing; disposition of excess monies

A. Each year the legislature shall appropriate sufficient monies to the department to cover all costs of administration and enforcement of this chapter.

B. Not later than October 1 of each year, the director shall estimate the total amount of groundwater to be withdrawn in all active management areas except the Tucson, Phoenix, Pinal and Santa Cruz active management areas during the following calendar year and the total amount of water, other than stored water, to be withdrawn in the Santa Cruz active management area during the following calendar year, and set the administration and enforcement fee pursuant to section 45-611, subsection A, paragraph 1 to produce an amount equal to one-half of the amount budgeted by the director for administration and enforcement purposes for the following fiscal year.  In setting the administration and enforcement fee, the director shall account for excess payments or deficiencies in payments in the past fiscal year. Except as provided in section 45-113, subsection C, monies collected from administration and enforcement fees shall be deposited in the water resources fund established by section 45-117.

C. For the Tucson, Phoenix and Pinal active management areas, not later than October 1, 2016 and by October 1 of each year thereafter, the director shall estimate the total amount of groundwater to be withdrawn in each active management area and shall set the administration and enforcement fee pursuant to section 45-611, subsection C, paragraph 1 to produce an amount equal to one-half of the amount budgeted by the director for administration and enforcement purposes for the following fiscal year. In setting the administration and enforcement fee, the director shall account for excess payments or deficiencies in payments in the past fiscal year. Except as provided in section 45-113, subsection C, monies collected from administration and enforcement fees shall be deposited in the water resources fund established by section 45-117.

D. Monies budgeted for administration and enforcement purposes pursuant to this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If the administration and enforcement fee is set at fifty cents and excess payments have been received, such excess payments shall be credited to the augmentation and conservation assistance fund established under section 45-615 and credited among the active management areas in proportion to the amount of such monies collected from each active management area.
A.R.S. § 45-118 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 118
45-118 Arizona system conservation fund; purpose; report
Status: in_force

45-118. Arizona system conservation fund; purpose; report

(Rpld. 4/1/27)

A. The Arizona system conservation fund is established consisting of legislative appropriations, grants and contributions from private and public entities. The director shall administer the fund. Monies in the fund are continuously appropriated for the purposes of this section.  The director may spend monies from the fund to contract with Colorado River water users in this state that hold entitlements to Colorado River water under the decree in Arizona v. California to forgo water deliveries or diversions for the purpose of creating system conservation. Contracts entered into pursuant to this section are exempt from title 41, chapter 23.

B. System conservation created through the use of the fund shall provide for Colorado River water to be conserved in Lake Mead through a verified reduction in existing consumptive use in order to decrease the likelihood of lake elevations dropping to levels that could result in reductions to this state's Colorado River allocation.  System conservation must be created for the benefit of the Colorado River system and not for the benefit of any individual Colorado River water user.

C. On notice from the director, the state treasurer shall invest and divest monies earned as provided by section 35-313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. Beginning July 1, 2021 and on July 1 each year thereafter, the director shall submit a detailed report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. The report shall describe the expenditures made from the fund during the previous fiscal year and the volume of water that was conserved in Lake Mead.
A.R.S. § 45-1473 — Arizona Code / Title 45 / Chapter 8 / Article 4 / Section 1473
45-1473 Prohibition on assistance for failure to adopt floodplain regulations
Status: in_force

45-1473. Prohibition on assistance for failure to adopt floodplain regulations

The director shall not expend or disburse any monies pursuant to this article for the following functions located or to be located in an area for which the appropriate public agency has failed to adopt and enforce for its area of jurisdiction floodplain regulations required by title 48, chapter 21:

1. Flood control works.

2. Flood repairs.

3. Flood hazard mitigation.

4. Assistance in developing flood control plans or delineating floodplains.

5. Payment of any costs of lands, easements or rights-of-way or for any other purpose for a flood control project.
A.R.S. § 45-1716 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1716
45-1716 State not liable on bonds and notes
Status: in_force

45-1716. State not liable on bonds and notes

Neither the state nor any political subdivision thereof shall be liable on the bonds or notes of the authority and such bonds and notes shall not constitute a debt or liability of the state or of any such political subdivision.
A.R.S. § 45-878.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 878.01
45-878.01 Annual reports by water districts; penalties
Status: in_force

45-878.01. Annual reports by water districts; penalties

A. Each water district shall file an annual report with the director that includes for the active management area in which a water district member land or water district member service area is or may be located:

1. The total amount of water that was stored by the water district during the reporting year pursuant to each water storage permit issued to it under this chapter.

2. The amount of water stored by the water district during the reporting year to be credited to the water district's water district account.

3. The amount of water stored by the water district during the reporting year to be credited to the water district's long-term storage account.

4. The amount of long-term storage credits the water district has transferred and credited to its water district account during the reporting year.

5. The water district groundwater replenishment obligation as defined in section 48-4801 for the reporting year.

6. The contract replenishment obligation as defined in section 48-4801 for the reporting year.

7. The information required under section 48-4976.

8. Other information as the director may require.

B. The annual report required under subsection A of this section shall be maintained on a calendar year basis and shall be filed with the director no later than August 31 of each year for the preceding calendar year, which is the reporting year.

C. If the water district fails to file the report when due, the director may assess and collect a penalty of up to one hundred dollars for each day the annual report is delinquent. The director shall deposit, pursuant to sections 35-146 and 35-147, all penalties collected pursuant to this subsection in the state general fund.

D. If a municipal provider as defined in section 48-3701 does not timely file the annual report required by section 48-4876, the director may assess and collect a penalty of up to one thousand dollars for each day the annual report is delinquent. The director shall deposit, pursuant to sections 35-146 and 35-147, all penalties collected pursuant to this subsection in the state general fund.
A.R.S. § 45-2206 — Arizona Code / Title 45 / Chapter 13 / Article 1 / Section 2206
45-2206 Applicability
Status: in_force

45-2206. Applicability

Section 45-2202, subsection C, paragraph 2 and section 45-2244 do not apply to an authority formed in a county that contains a portion of the Harquahala irrigation non-expansion area and that does not contain any portion of an active management area.
A.R.S. § 45-1444 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1444
45-1444 Floodplain regulations; effect of failure to adopt
Status: in_force

45-1444. Floodplain regulations; effect of failure to adopt

The director shall not disburse any monies pursuant to this chapter to pay any costs of lands, easements and rights-of-way for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) for which the appropriate public agency fails to establish, within a reasonable time after notification by the director, the necessary floodplain regulations for the area classified as a designated floodway by the director upon review of the complete federal or federally assisted project report.
A.R.S. § 45-477.01 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 477.01
45-477.01 Waiver and relinquishment of grandfathered rights in a subsequent active management area
Status: in_force

45-477.01. Waiver and relinquishment of grandfathered rights in a subsequent active management area

A person who claims the rights to withdraw or receive and use groundwater in a subsequent active management area pursuant to a grandfathered right but who fails to file an application for a certificate of grandfathered right as provided in this article is deemed to waive and relinquish any right to withdraw or receive and use groundwater pursuant to this article.
A.R.S. § 45-1995 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1995
45-1995 Issuance of bonds
Status: in_force

45-1995. Issuance of bonds

Bonds issued under this article shall be authorized by resolution of the authority and may be issued in one or more series, shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations and in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner and be payable in such medium of payment, at such place or places, and subject to such terms of redemption, with or without premium, as the resolution may provide. Bonds may be sold at public or private sale at not less than par with accrued interest. Notwithstanding any provisions of law to the contrary, bonds issued pursuant to this article are negotiable.
A.R.S. § 45-436 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 436
45-436 Findings upon hearing; order for irrigation non-expansion area; publication
Status: in_force

45-436. Findings upon hearing; order for irrigation non-expansion 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 irrigation non-expansion area, the director shall make and file an order designating the irrigation non-expansion 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 irrigation non-expansion 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 irrigation non-expansion area is located.
A.R.S. § 45-184 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 184
45-184 Waiver and relinquishment of water right
Status: in_force

45-184. Waiver and relinquishment of water right

Any person who is claiming the right to divert or withdraw public waters of the state based on state law and who fails to file a statement of claim as provided in this article shall have waived and relinquished any right, title or interest in that right.
A.R.S. § 45-1052 — Arizona Code / Title 45 / Chapter 4 / Article 4 / Section 1052
45-1052 Water exchanges pursuant to notice; conditions
Status: in_force

45-1052. Water exchanges pursuant to notice; conditions

After filing a notice of water exchange that conforms with the requirements of section 45-1051, subsection A, the exchange may be initiated if it satisfies the following conditions:

1. The water exchange will be made pursuant to a written contract.

2. The water exchange will not affect vested rights to water.

3. Each participant in the water exchange has a right to the water the party will give in the exchange.

4. For each participant that is not a city, town, private water company or irrigation district, any new or increased pumping by that participant from a well within an active management area pursuant to the water exchange will not unreasonably increase damage to surrounding land or other water users.

5. For each participant that is a city, town, private water company or irrigation district with a service area located partly or wholly in an active management area, any new or increased pumping by that participant within that participant's service area pursuant to the water exchange is consistent with the management plan and achievement of the management goal for the active management area.

6. Each participant in the water exchange either:

(a) Receives at least ninety per cent of the quantity of water that the participant gives in the water exchange.

(b) Receives at least fifty per cent of the quantity of water that the participant gives in the water exchange, unless otherwise authorized by law, and the director determines the water exchange is beneficial to water management in this state.
A.R.S. § 45-1902 — Arizona Code / Title 45 / Chapter 11 / Article 1 / Section 1902
45-1902 Formation
Status: in_force

45-1902. Formation

A. An authority may be established in any active management area in which all of the following conditions exist on the date the authority is organized:

1. Over fifty per cent of the area of the active management area lies within a single county.

2. The population of the county is less than one hundred fifty thousand persons according to the most recent United States decennial census.

3. A political subdivision of this state within the active management area directly receives Colorado river water pursuant to contracts with a multi-county water conservation district and the United States secretary of the interior through facilities of the central Arizona project.

B. The boundaries of the authority shall be coterminous with the boundaries of the active management area.

C. An authority shall be established in the following manner:

1. A person who desires to propose establishment of an authority shall prepare and submit a petition to the board of supervisors of the county in which the authority is to be established. The petition shall contain, at least:

(a) The name of the proposed authority.

(b) Certified copies of adopted resolutions approving the authority's formation by the governing bodies of a majority of the incorporated cities and towns located entirely within the boundaries of the proposed authority on January 1, 1993, and the irrigation districts located entirely or in part within the boundaries of the proposed authority on January 1, 1993.

(c) A request that the board of supervisors schedule a hearing.

2. On receipt of the petition, the board of supervisors shall set a day, at least sixty but not more than ninety days from that date, for a hearing on the petition.

3. The clerk of the board of supervisors shall publish in a newspaper or newspapers of general circulation in the area of the proposed authority, at least twenty days before the scheduled hearing, a notice setting forth the date, hour and place of the hearing and the purpose of the hearing. The clerk shall also notify the governing body of each city, town, irrigation district and water company located within the boundaries of the proposed authority of the date, hour and place of the hearing and the purpose of the hearing.

4. At the hearing, the board of supervisors shall hear those who appear for and against the proposed authority and shall determine whether the petition conforms to the requirements of this section. At the hearing all interested persons residing within the boundaries of the proposed authority may appear and may be heard on any matter relating to the establishment of the proposed authority. Before the date set for the hearing, any person wishing to support or oppose the establishment of the authority may file a statement of support or opposition with the clerk of the board of supervisors.

5. At or before the time for a hearing, any city, town or irrigation district may file a statement requesting to be excluded from the authority, together with a description of any portion of its territory to be excluded from the authority.

6. If the board of supervisors determines that the petition conforms to the requirements of this section and that the public convenience and welfare will be served by the establishment of the authority, it shall order the establishment of the authority. The order shall exclude from the authority those cities, towns and irrigation districts that filed statements to exclude pursuant to paragraph 5 of this subsection and shall specify the territory to be excluded. The powers and duties of the authority that are conferred in this chapter do not extend to or otherwise include the entities and territories that are excluded.

7. Any entity excluded pursuant to paragraphs 5 and 6 of this subsection may petition the board of supervisors to be included in the authority. The board of supervisors shall comply with paragraphs 2, 3, 4 and 6 of this subsection to determine whether to include the entity and its territory within the authority. An order of inclusion extends the powers and duties of the authority over the entity and territory that are included and entitles the entity to representation on the board of the authority as prescribed by section 45-1921.
A.R.S. § 45-1921 — Arizona Code / Title 45 / Chapter 11 / Article 2 / Section 1921
45-1921 Board of directors; qualification and organization; compensation
Status: in_force

45-1921. Board of directors; qualification and organization; compensation

A. The board shall consist of the following members, except that it shall not include any entity excluded from the authority pursuant to section 45-1902:

1. One member appointed by the board of supervisors of the county in which the authority is established.

2. One member appointed by the governing body of each city or town located entirely within the boundaries of the proposed authority on January 1, 1993.

3. One member appointed by the governing body of each irrigation and drainage district that is organized pursuant to title 48 and that is partially or totally located within the authority's boundaries.

4. One member appointed by the county board of supervisors, subject to subsection C of this section, to represent those water companies that deliver Colorado river water to persons who reside within the authority's boundaries.

5. One member appointed by the county board of supervisors, subject to subsection C of this section, to represent those water companies that deliver water, other than Colorado river water, to persons who reside within the authority's boundaries.

6. Any members appointed pursuant to subsection B of this section.

B. The governing body of any city or town established after January 1, 1993, any special taxing district organized pursuant to title 48 or any federally recognized Indian tribe that is located within the authority's boundaries, that is an operating unit and that does not appoint a member to the board pursuant to subsection A of this section may appoint a member to the board on petition to the board and approval by a majority of the board.

C. Members of the board who are appointed pursuant to subsection A, paragraphs 4 and 5 of this section serve terms of two years and shall be succeeded by a person representing a qualifying water company other than the one represented by the departing board member, unless the county board of supervisors unanimously resolves otherwise.

D. Within thirty days after appointment each member of the board shall qualify for office by taking and subscribing the official oath. The official oath shall be filed with the board of directors.

E. Each member of the board shall serve at the pleasure of the governing body or official that selected him. A subsequent board member shall qualify within thirty days after receiving notice of his appointment in the same manner as prescribed by this section.

F. The board shall select a chairman, vice-chairman and secretary-treasurer from among the members who shall hold office at the pleasure of the board.

G. Board members are not eligible to receive compensation but are eligible for reimbursement of actual and necessary expenses while engaged in official business under order of the board.
A.R.S. § 45-2458 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2458
45-2458 Water banking services agreements
Status: in_force

45-2458. Water banking services agreements

A. The authority may enter into a water banking services agreement under which the authority will loan long-term storage credits to a person or an Indian community in this state if all of the following apply:

1. The person or Indian community could have legally obtained the water that was stored to accrue the long-term storage credits that will be loaned under the agreement, could have accrued, in accordance with chapter 3.1 of this title, the long-term storage credits that will be loaned and could otherwise legally store water in accordance with the laws of this state.

2. The agreement requires the person or Indian community to pay the authority all costs incurred by the authority in accruing the long-term storage credits to be loaned under the agreement.

3. The agreement requires that the costs prescribed by paragraph 2 of this subsection for each long-term storage credit to be loaned under the agreement are to be paid to the authority before the authority distributes the credits pursuant to the agreement.

4. The agreement requires the person or Indian community to reimburse the authority for the costs of replacing each long-term storage credit loaned under the agreement, to the extent that cost exceeds the amount paid in accordance with paragraph 3 of this subsection.

5. The agreement requires the authority to use good faith efforts to replace the long-term storage credits at a reasonable cost to the person or Indian community.

6. The agreement requires that if the authority is unable to replace the long-term storage credits for any reason during the ten years following the distribution of the credits, the person or Indian community shall not be excused from reimbursing the costs specified in paragraph 4 of this subsection, and the person or Indian community shall pay to the authority at the end of that ten year period the approximate cost the authority will expend in replacing the credits distributed, less the amount paid pursuant to paragraph 2 of this subsection.

7. The agreement may provide that, subject to approval by the authority, the other party to the agreement may assign to the authority the number of long-term storage credits loaned to the party in lieu of the party paying the costs required by paragraphs 4, 5 and 6 of this section.

B. The authority may enter into a water banking services agreement with a person or Indian community to store water on behalf of the person, Indian community or other beneficiary named in the agreement, if all of the following apply:

1. The person, Indian community or named beneficiary could legally obtain the water that the authority will store under the agreement, could accrue long-term storage credits in accordance with chapter 3.1 of this title for the water to be stored and could otherwise legally store water in accordance with the laws of this state.

2. The agreement requires the person or Indian community entering into the agreement to pay to the authority all costs that are or will be incurred by the authority in entering into and executing its obligations under a water banking services agreement.

C. In determining costs of performing water banking services pursuant to subsections A and B, the authority may include the following costs:

1. The cost of acquiring water.

2. The cost of delivering that water to a storage facility, including fees for the operation, maintenance, pumping energy and capital costs of the central Arizona project, as established by the CAWCD, and other aqueducts.

3. The cost of storing water, including construction, operation and maintenance costs associated with using a storage facility.

4. A fee equivalent to the approximate amount of administrative, legal and technical expenses incurred by the authority in entering into and executing its obligations under a water banking services agreement.

5. Any additional costs the authority deems necessary to enter into and execute its obligations under a water banking services agreement.

D. A water banking services agreement shall require a person entering into the agreement to obtain a performance bond to ensure payment to the authority of all monies owed to the authority under the agreement, unless the person is an Indian community in this state or a government entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state. If the person entering into the water banking services agreement is an Indian community in this state or a government entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state, the banking services agreement may require that person to obtain a performance bond to ensure payment to the authority of all monies owed to the authority under the agreement.
A.R.S. § 45-1973 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1973
45-1973 Water supply fees
Status: in_force

45-1973. Water supply fees

The authority may assess fees, including extraction fees, development impact fees, connection fees, user fees, replenishment fees and administrative fees, against any operating unit or other person with which the authority has a contractual responsibility to provide any service. The amount of the fee and the method of payment shall be determined pursuant to the agreement between the authority and the operating unit or person, based on the cost of the service the authority provides, including the cost of developing an equivalent water supply for an operating unit that has exchanged with the authority a water right or right to receive water for a water supply contract with the authority. Any fee assessed under this section is not a rate or charge of the operating unit and is not subject to regulation by the Arizona corporation commission. The secretary-treasurer of the authority shall deposit all monies received under this section in the general fund of the authority.
A.R.S. § 45-466 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 466
45-466 Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty
Status: in_force

45-466. Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty

A. The irrigation water duty shall be used to determine the maximum amount of groundwater which may be used pursuant to section 45-465, subsection B and debits and credits to the flexibility account as set forth in section 45-467. Except as provided in subsection B of this section, the irrigation water duty shall not be applied to diminish surface water delivered to lands pursuant to appropriative surface water rights or decreed surface water rights.

B. In the Santa Cruz active management area, the irrigation water duty shall be used to determine the maximum amount of water, other than stored water, withdrawn from a well which may be used to irrigate the irrigation acres in a farm.
A.R.S. § 45-1991 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1991
45-1991 Authority to issue bonds
Status: in_force

45-1991. Authority to issue bonds

If the authority finds other financing methods or procedures inadvisable, inadequate or insufficient to acquire or construct projects, works or facilities, it may independently or in conjunction with any other optional or alternative plans provided in this chapter issue revenue bonds as provided by this article.
A.R.S. § 45-601 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 601
45-601 Operating rules for multiple wells
Status: in_force

45-601. Operating rules for multiple wells

The director may adopt rules governing pumping patterns of persons who withdraw groundwater or recover stored water, as defined in section 45-802.01, from multiple wells in an active management area to minimize damage to adjacent groundwater users. The director may not require a person who withdraws groundwater or recovers stored water from multiple wells to change the person's pumping patterns if the person or user cannot reasonably accommodate such changes.
A.R.S. § 45-801.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 1 / Section 801.01
45-801.01 Declaration of policy
Status: in_force

45-801.01. Declaration of policy

The public policy of this state and the general purposes of this chapter are to:

1. Protect the general economy and welfare of this state by encouraging the use of renewable water supplies, particularly this state's entitlement to Colorado river water, instead of groundwater through a flexible and effective regulatory program for the underground storage, savings and replenishment of water.

2. Allow for the efficient and cost-effective management of water supplies by allowing the use of storage facilities for filtration and distribution of surface water instead of constructing surface water treatment plants and pipeline distribution systems.
A.R.S. § 45-897.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 897.01
45-897.01 State water storage fund; disbursement of monies
Status: in_force

45-897.01. State water storage fund; disbursement of monies

A. A state water storage fund is established to be administered by the director as provided in this article. The fund shall be divided into two accounts, one account for the benefit of counties having a population of more than five hundred thousand persons but less than one million five hundred thousand persons and one account for the benefit of counties having a population of one million five hundred thousand persons or more, according to the most recent United States decennial census. The accounts shall be referred to respectively as account A and account B. The fund and the accounts within the fund consist of monies appropriated by the legislature and taxes levied by a conservation district pursuant to section 48-3715.02. Monies appropriated by the legislature shall be credited to the separate accounts as provided by the legislature. Taxes levied by the conservation district shall be credited to the separate accounts as provided in section 48-3715.02. Monies in the fund are exempt from lapsing under section 35-190. Interest earned on monies in the fund shall be credited to the fund and to the separate accounts in proportion to the balance of each account.

B. The fund shall be used to pay the capital, operation, maintenance and other costs, including the costs of excess central Arizona project water, of state demonstration projects constructed by the conservation district pursuant to this article. Monies shall be distributed from the fund to the conservation district on the direction of the director, in the manner provided for in section 45-893.01.
A.R.S. § 45-701 — Arizona Code / Title 45 / Chapter 2 / Article 15 / Section 701
45-701 Definitions
Status: in_force

45-701. Definitions

In this article, unless the context otherwise requires:

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

2. "District member" means a member of the district as provided by title 48, chapter 27.
A.R.S. § 45-171 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 171
45-171 Effect of chapter on vested water rights
Status: in_force

45-171. Effect of chapter on vested water rights

Nothing in this chapter shall impair vested rights to the use of water, affect relative priorities to the use of water determined by a judgment or decree of a court, or impair the right to acquire property by the exercise of the right of eminent domain when conferred by law. The right to take and use water shall not be impaired or affected by the provisions of this chapter when appropriations have been initiated under and in compliance with prior existing laws and the appropriators have in good faith and in compliance with such laws commenced the construction of works for application of the water so appropriated to a beneficial use and prosecuted the work diligently and continuously, but the rights shall be adjudicated as provided in this chapter.
A.R.S. § 45-1423 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1423
45-1423 Power of Maricopa and Yuma counties to cooperate with federal government in flood control projects
Status: in_force

45-1423. Power of Maricopa and Yuma counties to cooperate with federal government in flood control projects

A. In addition to the general powers vested in counties, the counties of Maricopa and Yuma and the governing bodies thereof are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized by any act of Congress, of a project or projects on the Salt and Gila rivers and tributaries thereof, in Maricopa and Yuma counties for local flood protection.

B. Pursuant to such powers:

1. The county of Maricopa is authorized in relation to any channel improvement or channel rectification project in Maricopa county on the Salt and Gila rivers and the tributaries thereof to:

(a) Acquire and provide, without cost to the United States, land, easements and rights of way necessary for the construction of flood control projects.

(b) Hold the United States or any instrumentality, department or agency thereof, free from any claim for damages arising from the construction, maintenance and operation of the flood control projects.

(c) Maintain and operate, upon completion, all such works in accordance with regulations prescribed by the secretary of the army, or any authorized agent of the United States.

(d) Establish and enforce flood-channel limits and regulations, if any, satisfactory to the secretary of the army for the protection of the flood-carrying capacity of the channel.

2. The county of Yuma is authorized in relation to any dam and reservoir project on the Gila river to:

(a) Keep free from encroachment the flood channel of the Gila river down stream from the proposed Painted Rock dam and reservoir.

(b) Procure without cost to the United States the adjustment of water rights claims, if any, that result from the improvement.
A.R.S. § 45-2454 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2454
45-2454 Implementation of storage facilities plan
Status: in_force

45-2454. Implementation of storage facilities plan

A. The authority shall implement an adopted plan for additional storage facilities.

B. To facilitate the development or construction of additional storage facilities required by a plan, the authority shall solicit proposals from CAWCD and other entities willing to undertake the development or construction of those storage facilities. The authority may negotiate and enter into water storage agreements in accordance with section 45-2455 with CAWCD and other entities that submit proposals acceptable to the authority.
A.R.S. § 45-419 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 419
45-419 Duties of area director
Status: in_force

45-419. Duties of area director

The area director shall:

1. Assist the director in the development of the management plan for the active management area and implement the plan under the director's supervision.

2. Have such other duties as the director may assign and shall be responsible to the director for the performance of such duties.

3. Furnish technical and clerical services and such other assistance to the groundwater users advisory council as is required, to the extent funds are made available for such assistance.
A.R.S. § 45-894.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 894.01
45-894.01 Use for replenishment purposes
Status: in_force

45-894.01. Use for replenishment purposes

A. After the qualification of any real property as member land pursuant to section 48-3774 or the qualification of any service area as a member service area pursuant to section 48-3780, a conservation district may use the facilities and excess storage capacity of any state demonstration project located in the active management area in which the member land or a member service area is located for replenishment purposes. The groundwater replenished by the conservation district using the facilities and excess storage capacity of a state demonstration project shall not be water stored in the state demonstration project.

B. A conservation district may operate and maintain a state demonstration project and may simultaneously store water for other purposes, including replenishment, at the same storage facility.
A.R.S. § 45-315 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 315
45-315 Waiver of requirements; unavailability; health or safety requirements
Status: in_force

45-315. Waiver of requirements; unavailability; health or safety requirements

A. If a water conserving plumbing fixture required by this article is unavailable from any reasonable source for a period of more than thirty days, the developer, builder or contractor of a new building or of a modification or addition to an existing building may apply for a waiver of the requirements of this article. The application for a waiver shall be in writing, shall contain sufficient documentation to support the claim that the device will not be available for a period of more than thirty days and shall be delivered to the director, either personally or by certified mail. The director may request additional information in order to determine if the application for waiver is valid.

B. Within three days of receipt of a completed application for a waiver pursuant to subsection A, the director shall either grant or deny the waiver. If the director finds that plumbing fixtures that meet the requirements of this article are unavailable from any reasonable source for a period of more than thirty days, the director may grant to the applicant a written waiver allowing installation of plumbing fixtures that do not meet the standards prescribed by this article for a period of one hundred eighty days from the date the waiver is issued. If plumbing fixtures meeting the requirements of this article become available before the one hundred eighty day period expires, the waiver terminates automatically except as to any noncomplying plumbing fixtures already purchased pursuant to a waiver obtained under this subsection.

C. If a water conserving plumbing fixture required by this article would cause a health or safety hazard or an unusual hardship, including any hardship for persons with disabilities or officially designated historic buildings, or would require a greater quantity of water to be used to operate the fixture properly if installed in a new or existing building, the developer, builder, contractor, owner or tenant of the building may apply for a waiver of the requirements of this article. The application for waiver shall be in writing, shall contain sufficient documentation to support the claim that the fixture would cause a health or safety hazard or an unusual hardship, including any hardship to persons with disabilities or officially designated historic buildings, or would require a greater quantity of water to be used to operate the fixture properly, and shall be delivered to the director, either personally or by certified mail. The director may request additional information in order to determine whether the application for waiver is valid.

D. Within three days of receipt of a completed application for a waiver pursuant to subsection C, the director shall either grant or deny the waiver. If the director finds that the use of a water conserving plumbing fixture required by this article would cause a health or safety hazard or an unusual hardship, including any hardship for persons with disabilities or officially designated historic buildings, or would require a greater quantity of water to be used to operate the fixture properly, the director may grant to the applicant a written waiver allowing installation of noncomplying plumbing fixtures for those uses identified in the application.
A.R.S. § 45-206 — Arizona Code / Title 45 / Chapter 1 / Article 8 / Section 206
45-206 Widening and extending lateral ditches; definition
Status: in_force

45-206. Widening and extending lateral ditches; definition

A. A person owning an interest in common with another person in a lateral ditch constructed and used for irrigating, mining, milling or other useful and lawful purpose, may widen, deepen, border up or extend the lateral ditch by paying to his associates, and to the owner of the land through which the lateral ditch passes, a just compensation for damages to the land or growing crop occasioned by widening, deepening, bordering up or extending the lateral ditch.

B. "Lateral ditch" as used in this section means a private ditch leading from a main ditch or any of its branches receiving water from a river or original source of supply.
A.R.S. § 45-597 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 597
45-597 Deepening and replacement of wells in active management areas; filing of notice
Status: in_force

45-597. Deepening and replacement of wells in active management areas; filing of notice

A. A person entitled to withdraw groundwater in an active management area or a person entitled to recover stored water pursuant to section 45-834.01 may deepen an existing well or construct a replacement well at approximately the same location. The director shall by rule define what constitutes a replacement well, including the distance from the original well site that is deemed to be the same location for a replacement well.

B. Prior to deepening an existing well or constructing a replacement well at approximately the same location, the person shall file a notice of intention to drill pursuant to section 45-596 and provide the director with any other information as the director may by rules require.
A.R.S. § 45-1709 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1709
45-1709 General powers
Status: in_force

45-1709. General powers

The director and the authority, respectively, may:

1. Cooperate with the appropriate agencies or officials of the federal government and of the state and political subdivisions of the state to the end that the purposes of this article shall be realized.

2. Apply to the appropriate agencies or officials of the state and of the federal government, including the United States departments of energy and of the interior, for such licenses, permits, easements and such other approvals or authorizations as may be necessary or advisable and accept the same upon such terms and conditions as may be deemed appropriate.

3. Accept any gifts or any grant or advance of funds or property from the federal government or from the state or any other federal or state public body or political subdivision or any other person and comply with the terms and conditions thereof.

4. Fix and establish the prices, rates, rents and charges for water and power delivered or produced by the projects authorized by this article.

5. Retain and employ engineering, accounting, legal, financial and other private consultants on a contract basis for rendering professional and technical assistance and advice.

6. Promote, foster and encourage the use, development, protection and conservation of water and power.

7. Institute and maintain actions and proceedings necessary to enforce, maintain, protect or preserve all rights, privileges or immunities created or granted by this article or otherwise in pursuance thereof, and in all courts, actions and proceedings the director or authority may sue, appear and defend in person in their respective names.

8. Enter into contracts and agreements and do all things which are necessary or convenient for the effectuation of the state water and power plan.

9. Exercise all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, and as incidental thereto, own, lease, construct, operate, maintain and dispose of real and personal property of every kind and character, acquire real and personal property and any or every interest therein for its lawful purposes by purchase, lease, condemnation or otherwise, and generally do anything and everything necessary or convenient to carry out the purposes of this article. The authority may not at any time pledge the credit of the state nor shall any of its obligations or securities be deemed to be obligations of the state.

10. Be specifically charged with the responsibility to begin immediate studies and continue them in an effort to determine alternate ways and means to finance and fund the construction of the central Arizona project and bring those studies to the legislature so that this water project may be constructed at the earliest possible time.
A.R.S. § 45-151 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 151
45-151 Right of appropriation; permitted uses; water rights in stockponds
Status: in_force

45-151. Right of appropriation; permitted uses; water rights in stockponds

A. Any person, the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45-833.01 or mining uses, for his personal use or for delivery to consumers. The person, the state of Arizona or a political subdivision thereof first appropriating the water shall have the better right.

B. To effect the beneficial use, the person, the state of Arizona or a political subdivision thereof appropriating the water may construct and maintain reservoirs, storage facilities pursuant to chapter 3.1 of this title, dams, canals, ditches, flumes and other necessary waterways.

C. A water right in a stockpond, certified pursuant to article 10 of this chapter, shall be recognized as if such water had been appropriated pursuant to this article.
A.R.S. § 45-2101 — Arizona Code / Title 45 / Chapter 12 / Article 1 / Section 2101
45-2101 Declaration of policy
Status: in_force

45-2101. Declaration of policy

A. It is the declared policy of the legislature to provide for a coordinated effort for the restoration and conservation of the water resources of this state. This policy is designed to allow the people of this state to prosper while protecting and restoring this state's rivers and streams and associated riparian habitats, including fish and wildlife resources that are dependent on these important habitats. In support of this policy, financial resources shall be made available by this state to the appropriate public and private entities to assist in water resource management activities that protect this state's rivers and streams and associated riparian habitats.

B. The primary purpose of this chapter is to establish the Arizona water protection fund commission and the Arizona water protection fund that shall provide an annual source of monies for the development and implementation of measures to protect water of sufficient quality and quantity to maintain, enhance and restore rivers and streams and associated riparian habitats, including fish and wildlife resources that are dependent on these important habitats consistent with existing water law and water rights, and measures to increase water availability. The commission may also provide funding to develop and protect riparian habitats in conjunction with a man-made water resource project, if the man-made water resource water project directly or indirectly benefits a river or stream and includes or creates a riparian habitat. This funding shall occur primarily through the grant of monies from the Arizona water protection fund by the commission to entities that cooperate and work in conjunction with local residents and affected jurisdictions.

C. This declaration of policy and the use of the words "restore", "restoring" and "restoration" in this chapter does not imply an intent to prescribe the removal of dams, levees or other man-made structures.

D. This chapter does not limit or restrict the authority or opportunities of state or local governments or other political subdivisions to plan, develop or implement projects consistent with this chapter.
A.R.S. § 45-572 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 572
45-572 Modification of conservation program; notice
Status: in_force

45-572. Modification of conservation program; notice

A. After a management plan is adopted, the director may modify the plan after public hearing pursuant to sections 45-570 and 45-571, except that the director may modify an irrigation water duty or conservation requirement only if the director determines that extraordinary circumstances, errors or mistakes justify the modification.

B. Within thirty days after a modification of an irrigation water duty or conservation requirement is adopted, the director shall give written notice of the modification in the manner and to the persons prescribed in section 45-564, subsection B. Any aggrieved person may request an administrative review pursuant to section 45-575.

C. All persons notified pursuant to subsection B of this section shall comply with the modified irrigation water duty or modified conservation requirements not later than the compliance date specified in the modification notice, unless the person obtains a variance pursuant to section 45-574.

D. A management plan is deemed to be modified to the extent the director has established and given written notice of irrigation water duties or conservation requirements pursuant to section 45-571.01.
A.R.S. § 45-273 — Arizona Code / Title 45 / Chapter 1 / Article 10 / Section 273
45-273 Claim of water right; penalty; fee
Status: in_force

45-273. Claim of water right; penalty; fee

A. A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and filed in duplicate with the director upon a printed form furnished by the director. Each blank in the form shall be completed with the required information pursuant to instructions furnished by the director.

B. A claim which does not contain the required information or which is not accompanied by the required filing fee shall not be accepted, but shall be returned to the sender.

C. A separate claim shall be filed for each stockpond.

D. All claims shall be certified as true under penalty of perjury.

E. Each claim shall be accompanied by a filing fee of ten dollars.

F. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received pursuant to this section in the water resources fund established by section 45-117.
A.R.S. § 45-434 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 434
45-434 Limitation on number of irrigated acres
Status: in_force

45-434. Limitation on number of irrigated acres

A. If procedures are initiated, whether by the director or by petition, for designating an irrigation non-expansion area, an irrigation user may irrigate within the proposed irrigation non-expansion area only acres of land which were irrigated at any time during the five years preceding the date of the notice of the initiation of designation procedures.

B. The limitation on the acres which may be irrigated shall continue in effect until the director makes a final determination pursuant to section 45-436.
A.R.S. § 45-1997 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1997
45-1997 Certification of bonds by attorney general
Status: in_force

45-1997. Certification of bonds by attorney general

The board may submit any bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. On submission the attorney general shall examine and pass on the validity of the bonds and the regularity of the proceedings. If the proceedings comply with this article, and if he determines that, when delivered and paid for, the bonds will constitute binding and legal obligations of the board, the attorney general shall certify on the back of each bond, in substance, that it is issued according to the constitution and laws of this state.
A.R.S. § 45-115 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 115
45-115 Production and copying fund; use; account; nonreversion
Status: in_force

45-115. Production and copying fund; use; account; nonreversion

A. The department of water resources production and copying fund is established consisting of monies paid to the department for publications produced by the department and for copies of department records. The department shall administer the fund. Monies in the fund are continuously appropriated and shall be used for expenses incurred by the department in producing and distributing publications of the department and for copying department records for the public.

B. The fund shall be a separate account on the books of the department.  Monies remaining in the fund at the end of the fiscal year remain in the fund, except that any monies in excess of twenty thousand dollars at the end of the fiscal year revert to the water resources fund established by section 45-117.
A.R.S. § 45-333 — Arizona Code / Title 45 / Chapter 1 / Article 13 / Section 333
45-333 Colorado river water use fee; purpose
Status: in_force

45-333. Colorado river water use fee; purpose

A. The director may assess and collect annual Colorado river water use fees from each person who diverts and consumptively uses water in this state from the mainstream of the Colorado river as recorded in the final accounting.  This fee does not apply to persons who are paying fees and are current in their payments under agreements with a multi-county water conservation district and other parties for participation in the lower Colorado river multispecies conservation program with respect to the use of Colorado river water.

B. The director shall set the amount of a fee under this section each year according to the guidelines in section 45-334.

C. Any monies collected pursuant to this section shall be segregated from other revenues and deposited, pursuant to sections 35-146 and 35-147, in a fund designated as the Colorado river water use fee clearing account.  Each month, on notification by the director, the state treasurer shall pay all of the monies in the clearing account to an account designated by a multi-county water conservation district established under title 48, chapter 22 to be used solely for the lower Colorado river multispecies conservation program and for no other purpose.
A.R.S. § 45-272 — Arizona Code / Title 45 / Chapter 1 / Article 10 / Section 272
45-272 Water rights in stockponds; priority
Status: in_force

45-272. Water rights in stockponds; priority

A. The owner of any stockpond constructed after June 12, 1919 and prior to August 27, 1977, the capacity of which is not in excess of fifteen acre-feet and concerning which water rights litigation or protest to the state land department was not a matter of record prior to August 27, 1977, shall have a valid water right in such stockpond with priority as of the date of construction and shall be eligible for such evidence of validity as the director may prescribe.

B. All water rights issued pursuant to a permit or certificate issued prior to August 27, 1977 by the state land department or its predecessors or pursuant to an application to appropriate filed with the state land department or its predecessors prior to August 27, 1977, rights to the use of the mainstream waters of the Colorado river, rights previously acquired or validated by contract with the United States, court decree or other adjudication or rights acquired prior to June 12, 1919 and registered pursuant to article 7 of this chapter shall have priority over any water right claimed pursuant to this article.

C. Any person who is claiming a water right pursuant to this article and who fails to file a claim of water right prior to one year after the effective date of this amendment to this section shall have a water right priority as of the date of filing. An existing claim of water right under this article may be amended at any time before the completion of hearings on the claimed right pursuant to section 45-257, subsection A.

D. Subsequent to August 27, 1977, no person may construct or cause to be constructed a stockpond of any size unless the director of water resources or his predecessors have approved an application for a permit to appropriate such water filed pursuant to section 45-152.
A.R.S. § 45-1706 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1706
45-1706 Right of eminent domain
Status: in_force

45-1706. Right of eminent domain

A. Condemnation proceedings may be brought by the director or authority and all laws of the state relating to the exercise of the right of eminent domain and the taking of private property for public use and obtaining immediate possession thereof shall apply to the proceedings.  The use of property which is condemned, taken or appropriated under the provisions of this article is declared to be a public use subject to regulation and control by the state in the manner provided by law.

B. When real property has been appropriated to public use by any person, firm or corporation, the taking of the property for the construction and operation of the state water and power plan by the director or authority shall be deemed a more necessary public use than the use of the property by such person, firm or corporation.

C. Notwithstanding any other provision of this article, the director or authority shall have no authority to condemn, take or destroy the whole or any part of property belonging to any district, public utility or municipality unless and until the director or authority has provided and substituted for the property to be taken, condemned or destroyed new property of like character and at least equal in usefulness with suitable adjustment for any increase or decrease in the costs of operating and maintaining thereof, or unless and until the taking, condemnation or destruction has been permitted by agreement executed between the director or authority and such district, public utility or municipality. Nothing contained herein shall grant the authority or director the authority to condemn, take or use the generating, transmission or distribution facilities or other real or personal property of any type whatsoever of a public utility except for the purpose of procuring rights-of-way across real property of the public utility.

D. In the event any property is to be acquired hereunder pursuant to a license granted by the United States department of energy, such property may be acquired through the exercise of the right of eminent domain as provided in section 21 of the federal power act, as amended.
A.R.S. § 45-102 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 102
45-102 Department of water resources; director; appointment; qualifications; compensation
Status: in_force

45-102. Department of water resources; director; appointment; qualifications; compensation

A. There is established a department of water resources.

B. There shall be a director of the department who shall be responsible for the direction, operation and control of the department.

C. The director shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor.

D. The director shall be experienced and competent in water resources management and conservation, and shall have proven administrative ability.

E. The director is entitled to receive compensation pursuant to section 38-611.
A.R.S. § 45-857.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 857.01
45-857.01 Groundwater replenishment district incidental replenishment factor; definitions
Status: in_force

45-857.01. Groundwater replenishment district incidental replenishment factor; definitions

A. With respect to a groundwater replenishment district and not later than the first day of each reporting year, the director shall determine the incidental replenishment factor for the reporting year and shall report that ratio to the groundwater replenishment district.

B. For purposes of this section:

1. "Incidental replenishment" means water that percolates to an aquifer after being used for municipal purposes in the groundwater replenishment district, except for water that is added to an aquifer pursuant to this chapter.

2. "Incidental replenishment factor" means the ratio of the amount of incidental replenishment in the groundwater replenishment district that the director estimates will occur in the reporting year to the amount of water that the director estimates will be used in the district by the district members in the reporting year.
A.R.S. § 45-183 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 183
45-183 Contents of statement of claim; filing procedure; fee
Status: in_force

45-183. Contents of statement of claim; filing procedure; fee

A. The statement of claim for each water right shall include the following:

1. The name and mailing address of the person filing the claim.

2. The name of the watercourse or water source from which the right to divert or make use of water is claimed.

3. The quantities of water and times of year use is claimed.

4. The legal description to the nearest forty-acre tract or by other appropriate description of the point or points of diversion and place of use of the waters.

5. The purpose and extent of use.

6. The approximate dates of first putting water to beneficial use for the various amounts and times claimed in paragraph 3 of this subsection.

7. The legal basis for the claim.

8. The sworn statement that the claim set forth is true and correct.

B. A statement of claim for a water right may be verified by the person claiming the right or may be verified by an authorized agent of such person.

C. Filing of a statement of claim shall be complete upon timely receipt by the department of a properly executed statement of claim and a five dollar filing fee for each such claim.  The director shall deposit, pursuant to sections 35-146 and 35-147, the fees received pursuant to this subsection in the water resources fund established by section 45-117.
A.R.S. § 45-260 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 260
45-260 General adjudication fund
Status: in_force

45-260. General adjudication fund

A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253, subsection A, paragraphs 1 and 2, and all reimbursements to the director pursuant to section 45-253, subsection A, paragraph 3 shall be deposited, pursuant to sections 35-146 and 35-147, in such fund.

B. Monies in the general adjudication fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations.
A.R.S. § 45-568.02 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 568.02
45-568.02 Alternative conservation programs for agriculture; fifth management period
Status: in_force

45-568.02. Alternative conservation programs for agriculture; fifth management period

A. In addition to the provisions of the management plan for the fifth management period prescribed by section 45-568, subsection A, the director shall include in the management plan the historic cropping program prescribed by this section as an alternative agricultural conservation program that achieves conservation equivalent to that required by section 45-568, subsection A.

B. The director shall establish the components of the historic cropping program in the management plan for the fifth management period to assure that conservation equivalent to that required by section 45-568, subsection A will be achieved. In addition to the program components established by the director, the historic cropping program shall include the following provisions:

1. The director shall calculate the maximum annual groundwater allotment as provided in section 45-465.

2. The director shall calculate the irrigation water duty in the same manner as that required by section 45-568, subsection A using an irrigation efficiency of seventy-five per cent. In areas deemed by the director to have limiting soils, the director may use an irrigation efficiency of seventy per cent for the water duty calculation.

3. The flexibility account provisions of section 45-467 apply except as otherwise provided in this section.

4. The director shall not register credits to the flexibility account established under section 45-467 that cause the credit balance to exceed seventy-five per cent of the maximum annual groundwater allotment established pursuant to this subsection.

5. Only owners of an irrigation grandfathered right may apply for participation in the historic cropping program.

C. In the management plan, the director shall establish criteria that the applicant shall satisfy to enter the historic cropping program to assure that conservation equivalent to that required by section 45-568, subsection A will be achieved. An owner of an irrigation grandfathered right may apply to participate in the historic cropping program by filing an application with the director. The director shall not approve an application for the historic cropping program unless the applicant satisfies the entrance criteria established by the director and the following conditions are satisfied:

1. The applicant's accumulation of credits in the applicant's flexibility account under section 45-467 is equal to or less than seventy-five per cent of the farm's maximum annual groundwater allotment established under section 45-568, subsection A. To satisfy this requirement, the applicant may either sell or convey any excess credits as provided by section 45-467, or the applicant may relinquish any excess credits.

2. The applicant's accumulation of debits in the applicant's flexibility account under section 45-467 is equal to or less than twenty-five per cent of the farm's maximum annual groundwater allotment established under section 45-568, subsection A.

D. In the management plan, the director shall establish performance standards that the owner of an irrigation grandfathered right or any person using groundwater pursuant to that right shall satisfy while participating in the historic cropping program to assure that conservation equivalent to that required by section 45-568, subsection A will be achieved. After an owner of an irrigation grandfathered right has been approved for participation in the historic cropping program, the owner of that right, and any person using groundwater pursuant to that right, shall meet both of the following conditions:

1. Comply with the performance standards established by the director.

2. Not accumulate debits to the flexibility account established under section 45-467 that exceed twenty-five per cent of the maximum annual groundwater allotment established under subsection B of this section. The owner of the irrigation grandfathered right, and any person entitled to use groundwater pursuant to that right, violate this section if the debit balance exceeds the amount stated in this paragraph.

E. Notwithstanding the provisions of section 45-467, an owner of an irrigation grandfathered right, while participating in the historic cropping program, shall not convey or sell flexibility account credits from, or purchase flexibility account credits for, the flexibility account regulated by the historic cropping program.

F. The director may include in the adoption of, or a modification to, the management plan for the fifth management period additional alternative agricultural conservation programs that the director determines achieve conservation that is at least equivalent to that required under section 45-568, subsection A, including a cropped acreage program in which the maximum annual groundwater allotment is determined based on the crops grown during the calendar year in which the irrigation efficiency is applied.

G. The director shall include in the adoption of the management plan for the fifth management period a best management practices program that requires the owner of an irrigation grandfathered right and any person using groundwater pursuant to the right to implement specific agricultural conservation practices for water use on the land or farm unit to which the right is appurtenant in lieu of complying with an irrigation water duty and a maximum annual groundwater allotment.  The program shall be designed to achieve conservation that is at least equivalent to that required under section 45-568, subsection A.
A.R.S. § 45-1044 — Arizona Code / Title 45 / Chapter 4 / Article 3 / Section 1044
45-1044 Actions for judicial review
Status: in_force

45-1044. Actions for judicial review

A person whose application for a water exchange permit is denied or a person who contested a permit by filing a proper objection pursuant to section 45-1042 may seek judicial review of the director's decision in superior court as provided in section 45-405.
A.R.S. § 45-1705 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1705
45-1705 Construction of works across public or private property
Status: in_force

45-1705. Construction of works across public or private property

The director or authority may construct facilities or works pursuant to this article across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, flume or private property. If the director or authority and the persons, firms, corporations, municipalities, federal or state agencies, state trust lands or political subdivisions of the state owning or controlling any property or installation to be used or crossed cannot agree upon the amount to be paid for the taking, use or privilege thereof, such amount shall be ascertained and determined in the manner provided by law for the taking of land for public uses.
A.R.S. § 45-202 — Arizona Code / Title 45 / Chapter 1 / Article 8 / Section 202
45-202 Opening fence without consent of owner; damages
Status: in_force

45-202. Opening fence without consent of owner; damages

A fence may be opened without consent of the owner in order to repair a public water ditch when it is necessary to use a team or vehicle to repair the ditch. On completion of the repair the fence shall be closed by the party opening it, and left as nearly as possible in the condition it was before the opening. The person opening the fence is liable for damages which occur by reason of the opening and entry.
A.R.S. § 45-555.01 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 555.01
45-555.01 Transportation of groundwater withdrawn in upper San Pedro groundwater basin to Douglas active management area
Status: in_force

45-555.01. Transportation of groundwater withdrawn in upper San Pedro groundwater basin to Douglas active management area

A. An owner of a well that is located in the upper San Pedro groundwater basin may annually withdraw groundwater from the upper San Pedro groundwater basin for transportation to the Douglas active management area in an amount determined pursuant to this section if all of the following apply:

1. The owner of the well or the owner's predecessor in interest withdrew groundwater from the upper San Pedro groundwater basin for transportation to the Douglas active management area on or before December 1, 2022.

2. The groundwater is transported to the Douglas active management area for the same purposes for which the groundwater was transported from the upper San Pedro groundwater basin to the Douglas groundwater basin before December 1, 2022.

3. If the owner of the well is a private water company, the private water company, as of September 14, 2024, has a certificate of convenience and necessity issued by the corporation commission to provide water service for a municipal purpose within the Douglas active management area.

B. The total amount of groundwater that an owner of a well that meets the requirements prescribed in subsection A of this section may annually transport from the upper San Pedro groundwater basin to the Douglas active management area may not exceed the highest annual amount of groundwater that the owner of the well withdrew from the upper San Pedro groundwater basin for transportation to the Douglas groundwater basin in any of the preceding ten years before December 1, 2022.

C. Within thirty days after September 14, 2024 or thirty days before the effective date of groundwater withdrawal, whichever is later, a well owner that wishes to transport groundwater from the upper San Pedro groundwater basin to the Douglas groundwater basin shall submit to the director:

1. Evidence that the well owner withdrew groundwater from the upper San Pedro groundwater basin for transportation to the Douglas groundwater basin on or before December 1, 2022.

2. Evidence of the purposes for which the well owner transported groundwater from the upper San Pedro groundwater basin to the Douglas groundwater basin on or before December 1, 2022.

3. Evidence of the purposes for which the well owner has transported or plans to transport groundwater from the upper San Pedro groundwater basin to the Douglas groundwater basin after December 1, 2022.

4. If the owner is a private water company, evidence that the private water company had a certificate of convenience and necessity issued by the corporation commission to provide water service for a municipal purpose within the Douglas active management area as of September 14, 2024.

5. The total annual amount of groundwater that the owner withdrew from the upper San Pedro groundwater basin for transportation to the Douglas groundwater basin in each of the preceding ten years before December 1, 2022.
A.R.S. § 45-1004 — Arizona Code / Title 45 / Chapter 4 / Article 1 / Section 1004
45-1004 Annual report of water exchange; record keeping; penalties
Status: in_force

45-1004. Annual report of water exchange; record keeping; penalties

A. Each person who is authorized to give or receive any water pursuant to a water exchange contract enrolled under section 45-1021, a water exchange permit issued under section 45-1041, or a notice of water exchange filed with the director under section 45-1051 shall file an annual report with the director, whether or not any water was actually given or received. The report shall contain:

1. The name and address of the person filing the report.

2. The source and quantity of water received pursuant to the water exchange in the preceding calendar year on a month by month basis.

3. The source and quantity of water given pursuant to the water exchange in the preceding calendar year on a month by month basis.

4. Such other information as the director may require to carry out the purposes of this chapter.

B. Each report shall contain either a sworn statement or a certification, under penalty of perjury, that the information contained in the report is true and correct according to the best belief and knowledge of the person filing the report.

C. The annual report shall be maintained on a calendar year basis unless a different accounting period is authorized by the director and is specified in the water exchange contract, permit or notice. The report shall be filed with the director no later than March 31 of each year for the preceding calendar year unless the director has authorized a different accounting period, in which case the report shall be filed no later than the end of the third month after the closing date of the accounting period. If a person who is required under this section to file an annual report fails to file a report for a calendar year on or before March 31 of the following year or a later date authorized by the director, the director may assess and collect a penalty of twenty-five dollars for each month or portion of a month that the annual report is delinquent. The total penalty assessed under this subsection shall not exceed one hundred fifty dollars. All penalties collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Each person required to file an annual report under this section shall maintain current accurate records of the withdrawals, diversions and use of any water given or received in a water exchange.

E. The records and reports required to be kept and filed under this section shall be in such form as the director prescribes. The director shall prepare blank forms and furnish them on request. Failure to receive or obtain the forms does not relieve any person of responsibility for keeping the required records or making any required report.
A.R.S. § 45-1063 — Arizona Code / Title 45 / Chapter 4 / Article 5 / Section 1063
45-1063 Civil penalties
Status: in_force

45-1063. Civil penalties

A. A person who is determined pursuant to section 45-1062 to be in violation of any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter may be assessed a civil penalty in an amount not exceeding:

1. One hundred dollars per day for a violation not directly related to the illegal withdrawal, diversion or use of water pursuant to a water exchange.

2. One thousand dollars per day for a violation directly related to the illegal withdrawal, diversion or use of water pursuant to a water exchange.

B. The director shall bring any action to recover penalties under this section in superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of harm to the public, whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. All penalties collected under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 45-107 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 107
45-107 Cooperation with the secretary of the interior of the United States
Status: in_force

45-107. Cooperation with the secretary of the interior of the United States

A. The director is authorized, for and on behalf of the state of Arizona, to consult, advise and cooperate with the secretary of the interior of the United States, as follows:

1. In the exercise of any authority conferred upon the secretary of the interior under the provisions of sections 4, 5 and 14 of the act commonly known as the Boulder Canyon project act (43 United States Code sections 617 through 617t), as contemplated and provided in section 16 of the Boulder Canyon project act.

2. In respect to the authority of the secretary of the interior to contract for the delivery of water of the main stream of the Colorado river for use within the state of Arizona.

3. In respect to all powers and duties of the secretary of the interior under the provisions of that certain contract between the United States of America, acting by Harold L. Ickes, secretary of the interior, and the state of Arizona, acting by the Colorado river commission, entered into on the 9th day of February, 1944, pursuant to chapter 46 of the 1939 session laws of Arizona, and approved by chapter 4 of the 1944 session laws of Arizona.

4. In respect to the exercise by the secretary of the interior of any authority relative to the water of the Colorado river conferred upon the secretary of the interior by the provisions of any legislation enacted by the Congress of the United States of America.

5. In respect to the development, negotiation and execution of interstate banking agreements in accordance with chapter 14 of this title.

B. The powers and duties of the director authorized by this section shall be limited and restricted to only that quantity of water which may be available for use in the state of Arizona, after the satisfaction of all existing contracts between the secretary of the interior and users in the state of Arizona for the delivery of water of the main stream of the Colorado river, and shall not extend to any such contracts, any amendments or supplements thereto, or to any federal statute enacted before June 21, 1962 pertaining to any federal reclamation project within the state of Arizona constructed and using water of the main stream of the Colorado river before June 21, 1962. Nothing shall be done under the authority of this section which will impair existing rights in the state of Arizona for the diversion and use of Colorado river water.

C. The privilege and right of individuals, irrigation districts, corporations, state departments, agencies, boards, commissions or political subdivisions of the state of Arizona to negotiate and directly contract with the secretary of the interior for the delivery of water of the main stream of the Colorado river for use within the state of Arizona and to negotiate and subcontract with the secretary of the interior and a multi-county water conservation district for the delivery of Colorado river water through the central Arizona project for use within the state of Arizona, and all rights under such contracts or subcontracts shall not be affected by the provisions of this section, except as provided in subsection D.

D. Individuals, irrigation districts, corporations, state departments, agencies, boards, commissions and political subdivisions of the state shall cooperate, confer with and obtain the advice of the director as to those negotiations, contracts and subcontracts described in subsection C that affect the allocation and use of main stream Colorado river water or the allocation and use of Colorado river water delivered through the central Arizona project. For a proposed contract or subcontract or a proposed amendment of a contract or subcontract that will result in a transfer of an allocation or entitlement of Colorado river water, including central Arizona project water, from a non-Indian Arizona contractor or subcontractor for a term of more than one year, the obligation to cooperate, confer with and obtain the advice of the director shall include the obligation to submit to the director for review the proposed contract or subcontract or the proposed amendment, and all related exhibits and agreements, prior to its execution by the contractor or subcontractor.
A.R.S. § 45-2641 — Arizona Code / Title 45 / Chapter 15 / Article 5 / Section 2641
45-2641 Irrigation of new lands in Gila river maintenance area with water withdrawn or diverted from Gila river maintenance area impact zone prohibited; exception
Status: in_force

45-2641. Irrigation of new lands in Gila river maintenance area with water withdrawn or diverted from Gila river maintenance area impact zone prohibited; exception

A. Except as provided in subsection B of this section, a person shall not use water withdrawn or diverted within the Gila river maintenance area impact zone to irrigate land within the Gila river maintenance area unless the land was irrigated with water from any source at any time from January 1, 2000 through the effective date of this section.  For the purposes of this section, water is withdrawn or diverted within the Gila river maintenance area impact zone if one of the following applies:

1. The water is withdrawn from a well located within the Gila river maintenance area impact zone.

2. The water is surface water diverted on the surface at a location within the Gila river maintenance area impact zone.

3. The water is withdrawn by a well located outside of the Gila river maintenance area impact zone and the well’s cone of depression captures surface water within the Gila river maintenance area impact zone as determined by a cone of depression test adopted by the superior court with jurisdiction over the general adjudication of all rights to use water in the Gila river system and source.

B. This section does not apply to:

1. The irrigation of lands pursuant to an appropriative right with a priority date earlier than the effective date of this section and the irrigation of lands to which the right is severed and transferred.

2. The irrigation of lands if the irrigation is allowed under the settlement agreement.

3. The irrigation of lands within the portion of the Gila river maintenance area located in Cochise county.

4. The irrigation of lands if the irrigation is allowed under the globe equity decree or under other rights decreed before the effective date of this section and the irrigation of lands to which the right is severed and transferred.

C. Any violations of this article are subject to enforcement under article 6 of this chapter on the effective date of article 6 of this chapter, and such enforcement may include injunctive relief that requires removal of any structures constructed in violation of this article. Any delay between the date of the alleged violation of this article and the date of any enforcement action pursuant to article 6 of this chapter shall not be a factor in determining whether to issue an injunction pursuant to article 6 of this chapter.
A.R.S. § 45-172.01 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 172.01
45-172.01 Flood damaged acres; substitution of acres; definitions
Status: in_force

45-172.01. Flood damaged acres; substitution of acres; definitions

A. Notwithstanding section 45-172, a person who owns acres of land that may be irrigated may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same farm unit under common ownership if the owner notifies the director that both of the following apply:

1. The irrigated acres were damaged by floodwaters after being irrigated.

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

B. The substitution of acres as prescribed in this section does not affect the person's existing or vested rights to the use of water, except as to place of use, and any water diverted or used after the substitution of acres shall not exceed the vested rights to water that exist at the time of substitution.

C. The director shall post the notice prescribed by this section on the department's website.

D. For the purposes of this section:

1. "Farm unit" means one or more farms that are contiguous or in close proximity to each other, that are operated on a unitary basis and that are served water from the same water source by a water distribution system common to the irrigated land.

2. "Floodwaters" means a temporary and erosive overflow of waters on lands that are not normally covered by water.
A.R.S. § 45-1214 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1214
45-1214 Investigations for review of design and construction
Status: in_force

45-1214. Investigations for review of design and construction

The director shall make investigations and assemble data for a proper review and study of the design and construction of dams, reservoirs and appurtenances, and shall make watershed investigations to facilitate decisions on public safety. The director or his representatives may enter upon private property for such purposes.
A.R.S. § 45-153 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 153
45-153 Criteria for approval or rejection of applications; restrictions on approval
Status: in_force

45-153. Criteria for approval or rejection of applications; restrictions on approval

A. The director shall approve applications made in proper form for the appropriation of water for a beneficial use, but when the application or the proposed use conflicts with vested rights, is a menace to public safety, or is against the interests and welfare of the public, the application shall be rejected. An administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary.

B. An application may be approved for less water than applied for if substantial reasons exist but shall not be approved for more water than may be put to a beneficial use. Applications for municipal uses may be approved to the exclusion of all subsequent appropriations if the estimated needs of the municipality so demand after consideration by and upon order of the director.

C. If the director approves an application for the appropriation of water for use on land owned by the state of Arizona, a permit or certificate shall be issued as prescribed by section 37-321.01.

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. § 45-2702 — Arizona Code / Title 45 / Chapter 16 / Article 1 / Section 2702
45-2702 Jurisdiction
Status: in_force

45-2702. Jurisdiction

The superior court that has jurisdiction over the general adjudication of all rights to use water in the Gila river system and source has jurisdiction over all civil actions relating to the interpretation and enforcement of all of the following:

1. Title III of the Arizona water settlements act (P.L. 108-451), including sections 312(d) and 312(h).

2. The Tohono O'odham settlement agreement.

3. The groundwater protection program established pursuant to article 2 of this chapter.
A.R.S. § 45-563 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 563
45-563 Management plans in active management areas; management periods; general provisions
Status: in_force

45-563. Management plans in active management areas; management periods; general provisions

A. The director shall develop a management plan for each initial active management area for each of five management periods pursuant to the guidelines prescribed in sections 45-564 through 45-568 and shall adopt the plans only after public hearings held pursuant to sections 45-570 and 45-571. The plans shall include a continuing mandatory conservation program for all persons withdrawing, distributing or receiving groundwater designed to achieve reductions in withdrawals of groundwater.

B. The director shall develop a management plan for the Santa Cruz active management area for the third, fourth and fifth management periods pursuant to the guidelines prescribed in sections 45-566, 45-566.01, 45-567, 45-567.01, 45-568 and 45-568.01 and shall adopt the plans only after public hearings held pursuant to sections 45-570 and 45-571. The plans shall include a continuing mandatory conservation program designed to achieve the management goal of the active management area for all persons withdrawing water, other than stored water, from a well and all persons distributing or receiving water, other than stored water, from a well. The plans shall also include criteria for the location of new wells and replacement wells in new locations consistent with the management goal of the active management area.
A.R.S. § 45-256 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 256
45-256 Technical assistance of director; report
Status: in_force

45-256. Technical assistance of director; report

A. The court or the master shall request technical assistance from the director in all aspects of the general adjudication with respect to which the director possesses hydrological or other expertise. In rendering such technical assistance, the director shall expeditiously:

1. Identify the hydrological boundaries of the river system and source and the names and addresses of all reasonably identifiable potential claimants. In identifying potential claimants, the director, at a minimum, shall identify as far as reasonably possible the current record owners of all real property within the geographical scope of the adjudication.

2. Locate, procure and make available all public and other records relevant to determination of any factual or legal issues.

3. Conduct a general investigation or examination of the river system and source.

4. Investigate or examine the facts pertaining to the claim or claims asserted by each claimant.

5. Make a map or plat on a scale not less than one inch to the mile adequate to show with substantial accuracy the course of the river system and source, the location of the ditch or canal diverting water from such river system and source, and the legal subdivisions of lands that have been irrigated or are susceptible to irrigation from the ditches and canals already constructed.

6. Take such other steps and gather such other information as may be necessary or desirable for a proper determination of the relative rights of the parties.

B. The technical assistance rendered by the director shall be set forth in summary form on a claim by claim basis in a report prepared by the director and filed with the court or the master, which shall then be available for inspection by any claimant. The report shall list all information that is obtained by the director and that reasonably relates to the water right claim or use investigated. The report shall also include the director's proposed water right attributes for each individual water right claim or use investigated as prescribed by this article. If no water right is proposed in connection with an individual water right claim or use, the director's recommendations shall so indicate. Any claimant may file with the court or the master written objections to the report or any part of the report within one hundred eighty days of the date on which the report was filed. An objection shall specifically address the director's recommendations regarding the particular water right claim or use investigated. The court or master shall summarily dismiss with prejudice objections that do not comply with this subsection. Each claimant who has filed timely written objections that comply with this subsection shall have a fair and reasonable opportunity to present evidence in support of or in opposition to those recommendations of the director.  Any claimant may present evidence in support of the claimant's claim.

C. Those portions of the report that do not contain the director's recommendations for the water rights claims and uses investigated shall not be summarily admitted into evidence but may be offered into evidence for any purpose relevant to the determination of a water right claim or use that is subject to adjudication. The appropriator and any other claimant who has filed an objection to the water right as prescribed by subsection B of this section shall have a fair and reasonable opportunity to present evidence in support of or in opposition to those portions of the director's report before the conclusion of hearings on the water right. If admitted into evidence over an objection, those portions of the report shall not be given any presumption of correctness.

D. Information that is included in the director's report and that describes a water right claim or use of five hundred acre-feet or less per year for any type of use claimed shall be summarily admitted into evidence. If conflicting evidence is presented, the director's proposed attributes of the water right shall be given the weight deemed appropriate by the master and the court consistent with this article.

E. Information that is included in the director's report and that describes a water right claim or use of more than five hundred acre-feet per year shall not be summarily admitted into evidence. If offered into evidence and if admitted over objection, it shall be given no presumption of correctness.

F. Claimants who are in agreement with those parts of the report that describe the claimants' water right claims or uses are not required to file objections to the report and may rely on the report as evidence of their water right. If the owner of a water right claim or use provides evidence in support of the report, that evidence shall be presented after all evidence has been introduced by the objectors.

G. On request of any party, the director shall present evidence concerning the facts stated in the report. This section shall not be construed to prevent the court or the master from issuing a protective order on a showing of good cause.

H. Before filing the report with the court or the master as provided in subsection B of this section, the director shall prepare a preliminary report.  The director shall give notice to each water claimant that the preliminary report is available for inspection and comment. Upon expiration of the period provided for timely comment, the director shall revise the preliminary report as may be appropriate and shall file the report with the court or the master in accordance with subsection B of this section. At least one hundred twenty days before the final report is to be filed, the director shall file with the court a notice stating the date on which the final report is to be filed. The director shall adopt such rules as may be necessary to ensure that adequate notice is given, that the preliminary report is sufficiently available for inspection by the water claimants and that provisions are made for adequate time and procedure for comment on the preliminary report.
A.R.S. § 45-263 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 263
45-263 State law applicable
Status: in_force

45-263. State law applicable

State law, including all defenses available under state law, applies to the adjudication of all water rights initiated or perfected pursuant to state law.
A.R.S. § 45-251 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 251
45-251 Definitions
Status: in_force

45-251. Definitions

In this article, unless the context otherwise requires:

1. "Domestic use" means a single appropriative water right serving a residence, or multiple residences up to a maximum of three residential connections, for household purposes with associated irrigation of lawns, gardens or landscape in an amount of not more than one-half acre per residence. Domestic use does not include the use of water delivered to a residence or multiple residences by a city, town, private water company, irrigation provider or special taxing district established pursuant to title 48.

2. "General adjudication" means an action for the judicial determination or establishment of the extent and priority of the rights of all persons to use water in any river system and source.

3. "Person" means an individual, a partnership, a corporation, a municipal corporation, the state of Arizona or any political subdivision, the United States of America, an Indian tribe or a community or any other legal entity, public or private.

4. "Potential claimant" means all persons claiming water rights or on whose behalf claims to water rights are asserted.

5. "Prior decree" means any judgment or decree that is entered by a court of competent jurisdiction and that applies to the water right claim or use that is subject to adjudication.

6. "Prior filing" means a notice of appropriation recorded with the county recorder or the recorder's predecessor, an application to appropriate filed pursuant to section 45-152, a statement of claim filed pursuant to article 7 of this chapter or a claim of water right filed pursuant to article 10 of this chapter, any or all of which reasonably relate to the water right claim or use that is subject to adjudication.

7. "River system and source" means all water appropriable under section 45-141 and all water subject to claims based on federal law.

8. "Small water use claim" means any claim for a stockpond, stock watering use or water well that is identified in a statement of claimant filed in the adjudication pursuant to section 45-254 and the claim is for any of the following specific conditions:

(a) A stockpond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife and that contains water that is appropriable under section 45-141, subsection A.

(b) Any well that is equipped so that it has a maximum pumping capacity of not more than thirty-five gallons per minute.

(c) A stock watering use by livestock and wildlife where the place of stock watering use is either directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream, or from a developed facility that is not a stockpond or reservoir and that is served by a diversion of water that is appropriable under section 45-141, subsection A, including a drinker, trough, pipeline, spring box or other developed facility.

9. "Stockpond" means an on-channel or off-channel impoundment of any size that stores water that is appropriable under section 45-141, subsection A and that is for the sole purpose of watering livestock and wildlife.

10. "Stock watering use" means the consumption of water by livestock and wildlife, either:

(a) Directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream.

(b) From small facilities, other than a stockpond, that are served by a diversion of water that is appropriable under section 45-141, subsection A.
A.R.S. § 45-1491 — Arizona Code / Title 45 / Chapter 8 / Article 5 / Section 1491
45-1491 Flood control loans
Status: in_force

45-1491. Flood control loans

A. The director of water resources may grant loans to defray the cost to a county flood control district, organized pursuant to title 48, chapter 21, for flood control projects eligible for alternative flood control assistance under article 4 of this chapter. Loans may be granted, subject to the provisions of this article, in such manner and upon such terms and conditions as may be prescribed by the director.

B. Upon application, the director shall make full and careful investigation of the qualifications of the applicant district and the proposed project. The director shall determine whether the proposed project would provide meaningful flood control and is in the best interests of this state.

C. The loans granted by the director shall be for not more than twenty-five per cent of the cost of a project or two and one-half million dollars, whichever is less, and for a term of not more than twenty years.

D. The loans shall bear interest at the following rates:

1. If the loan is for a term of not more than five years, the rate is three per cent per year.

2. If the loan is for a term of more than five years, but not more than ten years, the rate is five per cent per year.

3. If the loan is for a term of more than ten years, the rate is six per cent per year.

E. Each loan shall be evidenced by a contract between the district and the director, acting on behalf of this state. The contract shall provide for the loan by this state of a stated sum defraying up to twenty-five per cent of the costs of the flood control project. The contract shall provide for equal annual payments of principal and interest for the term of the loan.

F. The district board shall each year levy a tax sufficient to pay the annual amount of principal and interest due on the loan.

G. The attorney general may commence whatever actions are necessary to enforce the contract and achieve repayment of loans provided by the director pursuant to this article.
A.R.S. § 45-107.01 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 107.01
45-107.01 Waiver of rights to return flow credits
Status: in_force

45-107.01. Waiver of rights to return flow credits

Before the beginning of each accounting year on the Colorado river, the director may consider a request by the secretary of the interior or the secretary's designated representative to waive rights held by this state to return flow credits for Colorado river water to the extent that water is returned to the Colorado river pursuant to a permit issued to the secretary under section 45-547.  The director may grant the request on an annual basis, on behalf of this state, if all of the following apply:

1. The secretary holds a permit issued under section 45-547.

2. The secretary will use the water added to the Colorado river as a portion of the national obligation to provide replacement water for the specific purposes of replacement of the reject stream    from the Yuma desalting plant, and of any Wellton-Mohawk drainage water bypassed to the Santa Clara slough to satisfy the requirements of minute 242 of the international boundary and water commission for the United States and Mexico that was concluded pursuant to the Mexican water treaty of February 3, 1944.

3. The secretary expressly agrees that the waiver granted on behalf of this state under this section does not in any way limit or impair the rights of this state to Colorado river water except for the specific quantity of water in the specific year for which the waiver is granted.

4. No person in Arizona has applied for and obtained a permit under section 45-547 that would allow the return flow credit to be fully used to increase the beneficial use of water in this state. If other permits have been issued under section 45-547 that would allow the return flow credit to be partially used to increase the beneficial use of water in this state, the director may grant the secretary the waiver for only that amount of the return flow credit that will not be used to increase the beneficial use of water in this state.

5. The director finds that granting the waiver will not impair the rights of this state or any holder in this state of a water delivery contract entered into pursuant to section 5 of the Boulder Canyon project act of 1928 (45 stat. 1060; 43 United States Code section 617d) to Colorado river water.
A.R.S. § 45-558 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 558
45-558 Weeds and dust
Status: in_force

45-558. Weeds and dust

A person shall maintain property owned by the person and from which groundwater is or will be transported pursuant to this article free of noxious weeds as defined in section 3-201, Russian thistles (salsola kali) and blowing dust that creates a threat to health or safety.
A.R.S. § 45-803.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 1 / Section 803.01
45-803.01 Effect on vested water rights; effect in other proceedings
Status: in_force

45-803.01. Effect on vested water rights; effect in other proceedings

A. This chapter shall not be construed to affect vested water rights.

B. Any determination made by the director for purposes of this chapter regarding the validity, invalidity, nature, legal character, extent or relative priority of a water right or source of water is not binding for any other purpose, and shall not create a presumption of the validity, invalidity, nature, legal character, extent or relative priority of a water right or water source in any other administrative proceeding or any judicial proceeding.
A.R.S. § 45-1503 — Arizona Code / Title 45 / Chapter 8 / Article 6 / Section 1503
45-1503 Flood warning system fund
Status: in_force

45-1503. Flood warning system fund

A. A flood warning system fund is established for developing a flood warning system, purchasing flood warning system equipment and providing assistance to local entities on a cost sharing basis for the planning, design, installation, operation and maintenance of flood warning systems. The director shall administer the fund.

B. The flood warning system fund shall consist of monies from legislative appropriations, grants and contributions 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.
A.R.S. § 45-571.02 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 571.02
45-571.02 Municipal conservation requirements; compliance
Status: in_force

45-571.02. Municipal conservation requirements; compliance

A. A municipal provider that has been given notice, in the manner prescribed in section 45-565, subsection B, of a municipal conservation requirement that is substantially identical to an industrial conservation requirement is not required to comply with that municipal conservation requirement respecting an individual user to which one of the following applies:

1. The individual user was given written notice of the municipal conservation requirement by the director in the manner prescribed in section 45-565, subsection B or section 45-571.01, subsection B.

2. The individual user was reported by the municipal provider, on a form provided by the department and received by the director at least ninety days before the adoption of the applicable management plan, as being an individual user to which the municipal conservation requirement applies.

3. The individual user was given written notice of the municipal conservation requirement by the director in the manner prescribed in subsection B of this section, except that the municipal provider shall comply with the municipal conservation requirement until the first date on which the individual user is required to comply with the requirement.

B. If the individual user was not reported by the municipal provider as an individual user to which the municipal conservation requirement applies on a form provided by the department and received by the director at least ninety days before the adoption of the management plan, the director may give written notice of a municipal conservation requirement that is substantially identical to an industrial conservation requirement to that individual user more than thirty days after the adoption of the management plan in which the requirement is established.  An individual user that is given written notice pursuant to this subsection shall comply with the conservation requirement not later than January 1 of the calendar year following the first full year after the date of the notice.
A.R.S. § 45-573 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 573
45-573 Water quality considerations; consultation with department of environmental quality
Status: in_force

45-573. Water quality considerations; consultation with department of environmental quality

The director shall consult with the department of environmental quality on water quality considerations in developing and implementing management plans under this article.
A.R.S. § 45-545 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 545
45-545 Damage rules applicable to all transportations of groundwater
Status: in_force

45-545. Damage rules applicable to all transportations of groundwater

A. In active management areas and in areas outside of active management areas, in any action to recover damages, neither injury to nor impairment of the water supply of any landowner shall be presumed from the fact of transportation.

B. In determining whether there has been injury and the extent of any injury, the court shall consider all acts of the person transporting groundwater toward the mitigation of injury including:

1. Retirement of land from irrigation.

2. Discontinuance of other preexisting uses of groundwater.

3. Water conservation techniques.

4. Procurement of additional sources of water which benefit the active management area, sub-basin or landowners within the active management area or sub-basin.

C. The court may award reasonable attorney fees, expert witness expenses and fees and court costs to the prevailing party.
A.R.S. § 45-139.01 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 139.01
45-139.01 Notice of source of water used to fill or refill body of water
Status: in_force

45-139.01. Notice of source of water used to fill or refill body of water

A person who, after December 31, 1986, begins the physical on-site construction of a body of water located in a subdivision as defined in section 32-2101 and which will be filled or refilled with a source of water identified in section 45-132, subsection B, paragraph 4, shall:

1. Make written disclosure to prospective purchasers of property within the subdivision of the source of water to be used to fill or refill the body of water, the legal basis for access to the source of water and the duration of any permit or contract under which the source of water is obtained. If a public report for the subdivision is issued under section 32-2183, the disclosure may be made in the public report.

2. Include in the agreement or contract for the purchase of property within the subdivision a provision stating the source of water to be used to fill or refill the body of water and have the purchaser of the property acknowledge this provision by signing or initialing the provision.
A.R.S. § 45-1002 — Arizona Code / Title 45 / Chapter 4 / Article 1 / Section 1002
45-1002 Water exchanges; conditions
Status: in_force

45-1002. Water exchanges; conditions

A. A person may withdraw, divert or use water received through a water exchange only if one or more of the following apply:

1. Neither the water exchange is in an amount nor any associated water exchange contract provides for a water exchange in an amount exceeding fifty acre-feet in any twelve month period. If two or more water exchanges or water exchange contracts allow the same use at the same location, the aggregate quantity of the water exchanges and water exchanges pursuant to the water exchange contracts may not exceed fifty acre-feet in any twelve month period to qualify for this condition.

2. All water exchanged pursuant to the water exchange or water exchange contract is effluent.

3. The water exchange is made pursuant to a water exchange contract enrolled under section 45-1021 and either:

(a) The amount of water exchanged does not exceed either the maximum amount of water exchanged in any twelve month period before 1992 or any specific maximum amount established in the water exchange contract, whichever is more.

(b) If no water was exchanged in any twelve month period before 1992 and no specific maximum amount of water was established in the water exchange contract, 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.

4. The water exchange involves surface water other than Colorado river water, and the person who gives surface water other than Colorado river water in the exchange holds a permit under section 45-1041.

5. The water exchange is made pursuant to a notice of water exchange filed with the director under section 45-1051.

6. All water exchanged pursuant to the water exchange or water exchange contract is groundwater and the exchange is between an irrigation district and an irrigation grandfathered right holder within that irrigation district.

B. A party that gives water pursuant to a water exchange authorized under subsection A of this section must receive the water to be exchanged for it within a twelve month period unless one of the following applies:

1. The exchange is made pursuant to a water exchange contract enrolled under section 45-1021 and the contract contains an explicit term providing for a longer period.

2. The exchange is made pursuant to subsection A, paragraph 6 of this section.

3. The parties to the exchange demonstrate to the director that the water to be received cannot be delivered within the period allowed for the exchange or that the water to be received cannot reasonably be put to beneficial use within the period allowed for the exchange. On this demonstration the director may grant an extension of six months if the director has determined that the extension is consistent with the goal of efficient water management and does not impair vested rights to the use of water.

4. The exchange is between a multi-county water conservation district established pursuant to title 48, chapter 22 and an agricultural improvement district established pursuant to title 48, chapter 17 and the exchange involves surface water that is stored in reservoirs that are operated by the agricultural improvement district.
A.R.S. § 45-1211 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1211
45-1211 Time for filing petition; board of review
Status: in_force

45-1211. Time for filing petition; board of review

A. The petition for review shall be in writing and shall be filed with the director within ten days after issuance of the approval, disapproval or order of which complaint is made. Upon receipt of the petition, the director shall prepare a list of ten qualified experts. Within ten days the petitioner shall select three individuals from the list who shall then serve as the board of review. The board shall serve at the expense of the petitioners. Within thirty days from its designation, or within such further time as the director allows, the board shall report to the director and he shall forthwith affirm, change or modify the report, and his action shall be final and not subject to further review. No board of review shall be appointed to consider any action taken by the director relative to emergency regulation and control of a dam under section 45-1212 or action taken by the director under section 45-1221.

B. Pending examination, change or modification by the director, his approval, disapproval or order issued shall remain operative. Operations shall be suspended if an applicant or owner files a petition for a board of review unless the director orders work to proceed because of emergency conditions.
A.R.S. § 45-276 — Arizona Code / Title 45 / Chapter 1 / Article 10 / Section 276
45-276 Statement of continuing use; revocation of certification
Status: in_force

45-276. Statement of continuing use; revocation of certification

A. Once every five years, and at such other times as the director deems appropriate, the director shall require certificate holders to furnish a statement, under penalty of perjury, that the stockpond water is continuing to be used solely for watering livestock or wildlife, that the pond is not used primarily for fishing or the culturing of fish and that the stockpond has not been increased in capacity.

B. The director shall, after notice to the certificate holder and an opportunity for an administrative hearing, revoke any certification upon a finding that the water has ceased to be used solely for watering livestock or wildlife, that the pond is used primarily for fishing or the culturing of fish or that the stockpond has been increased in capacity.

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. § 45-2455 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2455
45-2455 Water storage agreements; groundwater savings facilities
Status: in_force

45-2455. Water storage agreements; groundwater savings facilities

A. The authority may not own, develop, operate or construct storage facilities but may enter into contracts to reserve storage capacity at storage facilities and may pay reasonable compensation for those reservations.

B. The authority may enter into agreements with storage facility permit holders to store water at storage facilities and may pay reasonable compensation for the costs associated with operating and maintaining a storage facility to the extent that the storage facility is used to store water for the purposes of the authority.

C. To store water at a groundwater savings facility, the authority may enter into agreements that require the recipients of in lieu water to pay to the authority all or part of the cost of providing the in lieu water to the recipients.

D. Agreements entered into under this section shall not impede the ability of the CAWCD to meet the obligations of its central Arizona project water service contracts and subcontracts.
A.R.S. § 45-112 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 112
45-112 Violations; classification; enforcement
Status: in_force

45-112. Violations; classification; enforcement

A. A person is guilty of a class 2 misdemeanor who:

1. Knowingly and without authority opens, closes, changes or interferes with a lawfully established headgate, measuring device or water box.

2. Knowingly uses water or conducts into or through such person's ditch water lawfully denied such person by the water superintendent or other competent authority.

3. Without authority uses water to which another is entitled except for water taken through a registered well without knowledge that such water constitutes the subflow of a river or stream.

4. Without authority diverts water from a stream.

5. Knowingly wastes water to the detriment of another.

6. Diverts a stream to the injury or threatened injury of the lands of another.

7. Uses, stores or diverts water without or before the issuance of a permit to appropriate such waters.

8. Places or maintains an obstruction interfering with the use of works, or prevents convenient access thereto, when an appropriator of water has the lawful right of way for the storage, diversion or carriage of such water.

B. The possession or use of water when it has been lawfully denied by the water superintendent or other competent authority is prima facie evidence of the guilt of the person using it.

C. The water superintendent or the water superintendent's assistants, within the water superintendent's district, may arrest any person violating this section and deliver that person to the sheriff or other police officer within the county, and on delivery shall immediately make a complaint against that person before a justice of the peace. If no water superintendent has been appointed for a water district, any affected person within the district may make a complaint to the sheriff or other police officer within the county against a person who violates this section.
A.R.S. § 45-159 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 159
45-159 Conditions of acceptance of permit
Status: in_force

45-159. Conditions of acceptance of permit

An applicant accepts a permit to appropriate water upon the condition that no value in excess of the amount paid to the state shall be claimed for the permit or for the rights so acquired when a public authority is regulating or fixing the rate or charges of the services to be rendered by the permittee, his successors or assigns, or when the state, county, city, town, municipal water or irrigation district, or any political subdivision of the state, is seeking to acquire the rights and property of the permittee, his successors or assigns.
A.R.S. § 45-493 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 493
45-493 Limitations on extensions of service areas; prohibition on formation of private water company for irrigation purpose; prohibition on service without payment of tax
Status: in_force

45-493. Limitations on extensions of service areas; prohibition on formation of private water company for irrigation purpose; prohibition on service without payment of tax

A. In an active management area, the service area of a city, town or private water company may not be extended primarily for any of the following purposes:

1. Including a well field within the service area.

2. Furnishing disproportionately large amounts of water to an industrial or any other large water user unless it is consistent with the management plan for the active management area and is approved by the director.

3. Including irrigation acres within the exterior boundaries of the service area to extinguish the right to convey irrigation grandfathered rights to a non-irrigation use.

B. Within an active management area, a city, town or private water company may not extend its service area for the purpose of withdrawing and distributing groundwater for irrigation purposes.

C. Subsequent to the date of the designation of the active management area, a private water company may not be formed within an active management area to withdraw and distribute groundwater for irrigation purposes.

D. If a municipal provider whose service area has qualified as a member service area under title 48, chapter 22 terminates water service to any portion of the service area and fails to pay the replenishment tax levied by a conservation district under title 48, chapter 22 for that area, another municipal provider shall not commence service of groundwater under section 45-492, subsection A or D or section 45-494 to landowners and residents within that area without first making arrangements to pay all outstanding replenishment taxes to the conservation district.  This subsection does not apply to the commencement of service of groundwater by an irrigation district to an industrial user under section 45-497.  For the purposes of this subsection, "municipal provider" has the same meaning prescribed in section 45-561.
A.R.S. § 45-187 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 187
45-187 No rights acquired by adverse use or adverse possession
Status: in_force

45-187. No rights acquired by adverse use or adverse possession

No rights to the use of public waters of the state may be acquired by adverse use or adverse possession as between the person and the state, or as between one or more persons asserting the water right, but nothing contained herein shall be deemed to diminish or enhance the validity of a claim filed under this article originating prior to the effective date of chapter 164 of the laws of 1919.
A.R.S. § 45-595 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 595
45-595 Well construction requirements; licensing of well drillers
Status: in_force

45-595. Well construction requirements; licensing of well drillers

A. New well construction, including modifications of wells, shall be performed under the direct and personal supervision of a well driller who holds a well driller's license pursuant to subsection B of this section.

B. A person who intends to construct or modify one or more wells in this state shall file an application for a well driller's license with the director.  The application shall include:

1. The name, mailing address and place of business of the applicant.

2. The applicant's experience and qualifications.

3. Such other information as the director may require.

C. The director, by rule, shall establish qualifications and a reasonable fee of not more than fifty dollars for licenses for well drillers and establish procedures for the evaluation and licensing of applicants. A nontransferable well driller's license shall be issued if the director finds that the applicant meets the qualifications established pursuant to this subsection. The director may revoke a well driller's license for good cause.

D. A person who drills or modifies an exempt well on land owned by that person shall first obtain a single well license from the department.  The department shall issue the license to drill the well according to standard small well construction standards. No fee may be charged for a single well license.

E. 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. § 45-495 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 495
45-495 Withdrawals and transportations by irrigation districts within subsequent active management areas
Status: in_force

45-495. Withdrawals and transportations by irrigation districts within subsequent active management areas

In a subsequent active management area established pursuant to section 45-412:

1. An irrigation district existing and engaged in the withdrawal, delivery and distribution of groundwater as of the date of the designation of the active management area shall have the right, subject to section 45-496:

(a) To withdraw and transport groundwater within its service area for the benefit of landowners within its service area, and the landowners are entitled to use the groundwater delivered, provided claims of landowners to irrigation grandfathered rights or type 1 or 2 non-irrigation grandfathered rights shall be subject to the provisions of article 5 of this chapter.

(b) If legally withdrawing and transporting groundwater from outside its service area for use within its service area as of the date of designation of the active management area, to continue to withdraw and transport the amount of groundwater legally being withdrawn as of the date of the designation of the active management area.

2. An irrigation district which was not engaged in the withdrawal, delivery and distribution of groundwater as of the date of the designation of the active management area shall be limited to the right, subject to section 45-496, to:

(a) Contract for surface water and deliver and distribute such water within its service area for irrigation purposes.

(b) Contract to purchase, deliver and distribute effluent within its service area for irrigation purposes.

(c) Withdraw, deliver and distribute within its service area the amount of groundwater allowed by the current irrigation water duty of each member farm multiplied by the water duty acres in that farm, less any portion of such amount withdrawn by individual members.

(d) Continue but not expand any non-irrigation water service being lawfully provided as of the date of the designation of the active management area, except as provided in section 45-497, subsection B.
A.R.S. § 45-453 — Arizona Code / Title 45 / Chapter 2 / Article 4 / Section 453
45-453 Groundwater rights and uses in areas outside active management areas; amounts; transportation; irrigation non-expansion areas
Status: in_force

45-453. Groundwater rights and uses in areas outside active management areas; amounts; transportation; irrigation non-expansion areas

In areas outside of active management areas, a person may:

1. Withdraw and use groundwater for reasonable and beneficial use, except as provided in article 8.1 of this chapter.

2. Transport groundwater pursuant to articles 8 and 8.1 of this chapter.

3. Use groundwater for irrigation purposes within the exterior boundaries of an irrigation non-expansion area only pursuant to article 3 of this chapter.
A.R.S. § 45-519.01 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 519.01
45-519.01 Hydrologic testing permits; conditions for issuance
Status: in_force

45-519.01. Hydrologic testing permits; conditions for issuance

A. The director shall issue a permit to withdraw not more than three acre-feet of groundwater per year for the purpose of obtaining groundwater samples to test groundwater quality, if the testing is necessary to comply with applicable environmental controls. A hydrologic testing permit issued under this subsection may be issued for a period of up to ten years.

B. The director may issue a permit to withdraw groundwater for testing hydrologic characteristics and conditions, including groundwater quality, if the director determines that the testing is necessary. Except as provided in subsection D of this section:

1. The total amount of groundwater that may be withdrawn pursuant to a hydrologic testing permit issued under this subsection shall not exceed ten acre-feet.

2. The director shall not issue a hydrologic testing permit under this subsection for a period of more than ninety days.

C. Before issuing a hydrologic testing permit under subsection B of this section, the director may require the applicant to demonstrate that the groundwater withdrawn pursuant to the permit will be used beneficially by persons who would otherwise be permitted to use groundwater under this chapter, including the applicant to the extent the applicant could otherwise withdraw and use groundwater under this chapter.

D. The director may issue a hydrologic testing permit under subsection B of this section for more than ten acre-feet or for a period greater than ninety days, if the director determines that the testing circumstances justify an increase in the amount of groundwater that may be withdrawn or an increase in the duration of the permit and that withdrawals of groundwater pursuant to the permit will not unreasonably harm any person permitted to withdraw or use groundwater under this chapter.

E. The director may issue a permit to withdraw groundwater to test the hydrogeologic characteristics of a potential underground storage facility site under chapter 3.1 of this title, for a period of not more than two years, if the director determines that all of the following apply:

1. Testing is necessary.

2. The withdrawal and testing will not cause unreasonable harm to land or other water users.

3. The groundwater that is withdrawn pursuant to the permit will be added back to the same aquifer in approximately the same location from which the groundwater was withdrawn.

F. The director may issue a hydrologic testing permit without complying with section 45-523.

G. A permit issued under this section may be renewed subject to the same criteria used in granting the original permit.

H. Any withdrawals of groundwater authorized by this section shall be for hydrologic testing purposes only, shall not give rise to any other right to withdraw groundwater under this chapter and shall not be counted as groundwater that is subject to a conservation program in a management plan that is adopted pursuant to article 9 of this chapter.
A.R.S. § 45-611 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 611
45-611 Groundwater withdrawal fee; amounts and purposes of fee; exception
Status: in_force

45-611. Groundwater withdrawal fee; amounts and purposes of fee; exception

A. Except as provided in subsection B of this section, the director shall levy and collect an annual groundwater withdrawal fee from each person withdrawing groundwater in the Prescott active management area or the person who owns the right to withdraw the groundwater, in an amount not to exceed $5 per acre-foot of groundwater withdrawn and beneficially used. The director shall levy and collect an annual withdrawal fee from each person withdrawing water, other than stored water, from a well in the Santa Cruz active management area or the person who owns the right to withdraw the water, in an amount not to exceed $5 per acre-foot of water, other than stored water, that is withdrawn and beneficially used.  For the purposes of this article, the annual withdrawal fee levied and collected in the Santa Cruz active management area shall be considered a groundwater withdrawal fee. The actual amount of the fee levied and collected by the director pursuant to this subsection shall be set by the director as follows:

1. For administration and enforcement of this chapter, an amount not less than $.50 and not greater than $1 per acre-foot per year. The initial fee for administration and enforcement shall be levied as soon as practicable after the active management area is established.

2. For augmentation of the water supply of the active management area, conservation assistance to water users within the active management area and monitoring and assessing water availability within the active management area, an amount not greater than $2 per acre-foot per year.

3. For purchasing and retiring grandfathered rights, an amount not greater than $2 per acre-foot per year.  The initial fee for purchasing and retiring grandfathered rights shall be levied in the first year in which the director develops and implements a program for the purchase and retirement of grandfathered rights as part of the management plan for the active management area, but not earlier than January 1, 2006.  The director may not levy a fee under this paragraph on a district member of a groundwater replenishment district that withdraws groundwater in the district for a non-irrigation use in the district.

B. A person, other than an irrigation district, who withdraws groundwater in an active management area from a non-exempt well for use pursuant to an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres and the person who owns the right to withdraw the groundwater are exempt from the groundwater withdrawal fee requirements of subsections A and C of this section for those withdrawals unless the irrigation acres are part of an integrated farming operation.

C. Except as provided in section 45-411.01, subsection C and subsection B of this section, the director shall levy and collect an annual groundwater withdrawal fee from each person who withdraws groundwater in the Tucson, Phoenix and Pinal active management areas or the person who owns the right to withdraw the groundwater, in an amount of not more than $5 per acre-foot of groundwater withdrawn and beneficially used. The director shall set the actual amount of the fee as follows:

1. In the Tucson and Phoenix active management areas, beginning in 2017, for administration and enforcement of this chapter, an amount of at least $.50 but not more than $1 per acre-foot per year. In the Pinal active management area, beginning in 2017, for administration and enforcement of this chapter, an amount of not more than $1 per acre-foot per year.

2. For augmentation of the water supply of the active management area, conservation assistance to water users within the active management area and monitoring and assessing water availability within the active management area, an amount of not more than $2 per acre-foot per year.  If a permanent board of directors of an active management area water district assumes office under section 48-4831, the fee for augmentation under this paragraph shall not be levied in that active management area.

3. In the Tucson and Phoenix active management areas, for Arizona water banking purposes, the amount of $2.50 per acre-foot per year.  In the Pinal active management area, for Arizona water banking purposes, including replenishment under chapter 15, article 3 of this title, an amount of not more than $2.50 per acre-foot per year, except that no fee shall be levied in the Pinal active management area for this purpose during calendar years 2020 through 2026.

4. For purchasing and retiring grandfathered rights, an amount of not more than $2 per acre-foot per year. The initial fee for purchasing and retiring grandfathered rights shall be levied in the first year in which the director develops and implements a program for the purchase and retirement of grandfathered rights as part of the management plan for the active management area, but not earlier than January 1, 2006.  The director may not levy a fee pursuant to this paragraph on a district member of a groundwater replenishment district that withdraws groundwater in the district for non-irrigation use in the district.

5. In the Pinal active management area, beginning from and after December 31, 2019 through December 31, 2026, an amount of not more than $2.50 per acre-foot per year for groundwater and irrigation efficiency projects.
A.R.S. § 45-833.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3 / Section 833.01
45-833.01 Designation of nonrecoverable water
Status: in_force

45-833.01. Designation of nonrecoverable water

A. At the request of the applicant, the director may designate a water storage permit as storing nonrecoverable water. If the water storage occurs within an active management area, the water storage permit may be designated in this manner only if the storage is consistent with the active management area's augmentation program.

B. Water stored pursuant to a water storage permit that has been designated as storing nonrecoverable water may not be recovered on an annual basis, may not be credited to a long-term storage account and may not be used for replenishment purposes.
A.R.S. § 45-352 — Arizona Code / Title 45 / Chapter 1 / Article 15 / Section 352
45-352 Program administration; rules; project criteria; report
Status: in_force

45-352. Program administration; rules; project criteria; report

A. The department shall adopt rules to carry out the purposes of this article, including rules that prescribe criteria for project proposals and that establish priorities for projects for each funding cycle, including a priority for projects that balance the most critical needs.

B. The department may employ or contract with persons as reasonably necessary to implement this article.

C. The department shall report to the speaker of the house of representatives, the president of the senate and the governor on or before December 31 each year regarding the activities of the watershed improvement program during the preceding fiscal year and shall provide a copy of the report to the secretary of state. The department shall make the report available to the public by posting the report on the department's website.
A.R.S. § 45-1006 — Arizona Code / Title 45 / Chapter 4 / Article 1 / Section 1006
45-1006 Effect on water rights
Status: in_force

45-1006. Effect on water rights

A. This chapter shall not be construed to affect vested water rights.

B. Any determination made by the director for purposes of this chapter regarding the validity, nature, extent or relative priority of a water right claimed by a party or another person is not binding in any other administrative proceeding or in any judicial proceeding.
A.R.S. § 45-521 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 521
45-521 Permit application form; filing; contents
Status: in_force

45-521. Permit application form; filing; contents

Application for a permit to withdraw groundwater pursuant to this article shall be made on a form provided by the director which shall include the following information:

1. The name and mailing address of the applicant.

2. The name of the active management area and sub-basin, if any, in which the applicant proposes to withdraw groundwater.

3. The name and mailing address of the owner of the land from which the applicant proposes to withdraw groundwater.

4. The legal description of the land on which the applicant proposes to use groundwater and the name and mailing address of the owner of such land.

5. The category of permit for which application is made.

6. The specific purpose for which the groundwater will be withdrawn.

7. If for a permit other than a permit issued under section 45-519.01, subsection B, the annual amount of groundwater, in acre-feet, for which application is made.

8. If the applicant proposes to withdraw groundwater from an existing well or wells, the location of each such well and the depth and diameter of each well and such other information the director requires.

9. If the applicant proposes to withdraw groundwater from a new well or wells, the proposed location of each such well and the depth and diameter proposed for each well and such other information the director requires.

10. If application is made for a dewatering permit pursuant to section 45-513:

(a) The estimated amount of groundwater necessary to meet mineral extraction and metallurgical processing requirements of the applicant.

(b) The estimated amount of groundwater necessary for municipal and industrial needs of communities and residential areas directly related to the mineral extraction and metallurgical processing operation of the applicant.

(c) The legal description of the acres of land owned or controlled by the applicant entitled to the use of groundwater for irrigation.

11. If application is made for a mineral extraction and metallurgical processing permit pursuant to section 45-514:

(a) The amount of groundwater available to the applicant under a dewatering permit previously obtained by the applicant.

(b) The estimated cost the applicant would incur in withdrawing groundwater at a point where his wellhead or distribution system would otherwise be.

12. Whether the well from which the water will be withdrawn is in a groundwater replenishment district.

13. If application is made for a general industrial use permit pursuant to section 45-515:

(a) The estimated cost the applicant would incur in withdrawing groundwater at the point where his wellhead or distribution system would otherwise be.

(b) Proof of denial of service or inaction on a service request by a city, town or private water company if the location of the applicant's intended use is within three miles of the exterior boundaries of the service area of such city, town or private water company. Such evidence is not required for an expanded animal industry use.

(c) Studies satisfactory to the director of the probable hydrologic impact on the groundwater resources which the applicant proposes to use including evidence of the availability of an assured water supply for the intended use.

14. If application is made for a temporary dewatering permit pursuant to section 45-518, evidence demonstrating that a temporary dewatering permit is necessary for the construction or structural integrity of improvements on the land from which the groundwater is proposed to be withdrawn. If application is made for extension of a temporary dewatering permit, the application shall include evidence demonstrating that the criteria prescribed by section 45-518, subsection B exist. If application is made for an emergency temporary dewatering permit, it must be accompanied by an application for a temporary dewatering permit and shall include evidence demonstrating that the criteria prescribed by section 45-518, subsection D exist.

15. If application is made for a drainage water permit pursuant to section 45-519:

(a) Evidence that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production on such lands.

(b) The legal description of the acres of land entitled to the use of groundwater for irrigation.

(c) Evidence that the applicant owns or controls the irrigated land to be drained, if the applicant is other than a groundwater replenishment district.

16. If application is made for a hydrologic testing permit pursuant to section 45-519.01, subsection A:

(a) The purpose of the hydrologic testing.

(b) The proposed duration of the hydrologic testing.

17. If application is made for a hydrologic testing permit pursuant to section 45-519.01, subsection B:

(a) The purpose of the hydrologic testing.

(b) The proposed duration of the hydrologic testing.

(c) The total amount of groundwater, in acre-feet, for which application is made.

(d) If the total amount of groundwater for which application is made exceeds ten acre-feet or the proposed duration of the hydrologic testing exceeds ninety days, the testing circumstances that require such withdrawals or such a testing period.

18. A sworn statement that the information contained in the application is true and correct to the best belief and knowledge of the applicant.

19. Any other information which the director may require.
A.R.S. § 45-882.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 882.01
45-882.01 Violation; civil penalties
Status: in_force

45-882.01. Violation; civil penalties

A. A person who is determined pursuant to section 45-881.01 to be in violation of this chapter or a permit, rule or order issued or adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:

1. One hundred dollars per day of violation that is not directly related to illegal storage, recovery or use of stored water.

2. Ten thousand dollars per day of violation that is directly related to illegal storage, recovery or use of stored water.

B. An action to recover penalties under this section shall be brought by the director in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of harm to the public, whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. The director shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties assessed under this section in the state general fund.
A.R.S. § 45-1220 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1220
45-1220 Deposit of monies; dam repair fund
Status: in_force

45-1220. Deposit of monies; dam repair fund

A. Monies appropriated by the legislature for nonemergency dam repair, dam safety inspection fees collected pursuant to section 45-113, filing fees collected pursuant to section 45-1204 and payments of principal and interest collected by the director pursuant to section 45-1218 shall be deposited in the dam repair fund established by section 45-1212.01.

B. Monies in the dam repair fund deposited pursuant to subsection A of this section shall be used for loans and grants as provided in sections 45-1218 and 45-1219 to carry out the purposes of this chapter.
A.R.S. § 45-528 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 528
45-528 Revocation of permits
Status: in_force

45-528. Revocation of permits

A. After an administrative hearing in the active management area in which the use is located, the director may permanently, or temporarily, in whole or in part, revoke a groundwater withdrawal permit for any of the following reasons:

1. For a material false statement in an application to initiate, modify or renew a permit, or for a material false statement in any report required to be filed by a person withdrawing or using groundwater pursuant to the provisions of this chapter.

2. For violation of the terms of the permit.

3. For failure to exercise a permit for five or more consecutive years.

B. The director may revoke a groundwater withdrawal permit with the written consent of the permittee and in such 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. § 45-576.06 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.06
45-576.06 Termination of designation for members of conservation district or members of water district; moratorium on adding new member lands and member service areas
Status: in_force

45-576.06. Termination of designation for members of conservation district or members of water district; moratorium on adding new member lands and member service areas

A. After a conservation district has been established under title 48, chapter 22, if one or more of the conditions established under section 45-576.01, subsection B, paragraph 2 or 3 are not met for an active management area with respect to a conservation district and for as long as the condition is not met:

1. Any municipal provider whose service area is in that active management area and that was designated as having an assured water supply on the basis that its service area is a member service area shall lose its designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.

2. No additional real property in that active management area may become a member land.

3. No additional service area of a city, town or private water company in that active management area may become a member service area.

B. After a water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations established under title 48, chapter 28, article 7, if one or more of the conditions established under section 45-576.01, subsection B, paragraph 2 or 3 are not met with respect to the water district and for as long as the condition is not met:

1. Any municipal provider whose service area is in the active management area in which the water district is located and that was designated as having an assured water supply on the basis that its service area is a water district member service area shall lose its designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.

2. No additional real property in that active management area may become a water district member land.

3. No additional service area of a city, town or private water company in that active management area may become a water district member service area.

C. If the conservation district notifies the director pursuant to section 48-3781, subsection G that a municipal provider that was designated as having an assured water supply on the basis that its service area is a member service area has failed to pay any portion of the required annual replenishment tax assessed under section 48-3781, the director may revoke the municipal provider's designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.

D. After a water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations established under title 48, chapter 28, article 7, if the water district notifies the director pursuant to section 48-4982, subsection G that a municipal provider that was designated as having an assured water supply on the basis that its service area is a water district member service area has failed to pay any portion of the required annual replenishment tax assessed under section 48-4982, the director may revoke the municipal provider's designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.
A.R.S. § 45-133 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 133
45-133 Permit for interim water use; application; fee; surcharge on use of groundwater
Status: in_force

45-133. Permit for interim water use; application; fee; surcharge on use of groundwater

A. A person otherwise subject to the prohibitions of section 45-132 may use groundwater withdrawn pursuant to a type 1 or type 2 non-irrigation grandfathered right or water other than groundwater to fill or refill all or a portion of a body of water until sufficient effluent is available to fill or refill the body of water if the person applies for and obtains a permit for interim water use from the director. The director may issue a permit if the applicant demonstrates to the satisfaction of the director that all of the following apply:

1. The applicant otherwise has a right to use the water for the proposed purpose.

2. Sufficient effluent to fill or refill the body of water is not reasonably available but it has been demonstrated by clear and convincing evidence that sufficient effluent will be available no later than five years from the date the permit is issued.

3. The applicant has:

(a) Provided the necessary easements for an on-site treatment facility or access to an off-site treatment facility and for transportation of a permanent effluent supply to the body of water.

(b) Provided the site location for the facility and received approval for the facility from the department of environmental quality, if an on-site treatment facility will be used.

(c) Recorded the easements and any site location for an on-site treatment facility on the plat of record for the subdivision or development within which the body of water is located.

4. The body of water will store effluent that will be applied to grow landscaping plants on common areas or will be used for other beneficial purposes that would otherwise require use of surface water or groundwater.

5. The development or facility in which the body of water is located will include an effective water conservation program. The specific conservation requirements in the water conservation program shall be consistent with and shall not by this paragraph be required to be more strict than any specific conservation requirements in the applicable management plan.

6. The body of water otherwise complies with this article.

B. The director may issue a permit under this section for a period of up to three years. The director shall specify the amount of water that may be used each year pursuant to the permit. The director shall determine the duration of the permit and the amount of water that may be used pursuant to the permit on the basis of the estimated time until sufficient effluent will be available to fill and refill the body of water. The director shall monitor the use of water pursuant to the permit and shall modify the terms of the permit as necessary and terminate the permit if any of the conditions for issuance of the permit no longer apply. The director may renew a permit for no more than two successive one-year periods subject to the same criteria used in granting the original permit.

C. An application for a permit under this section shall be made on a form prescribed and furnished by the director. The director shall levy and collect a reasonable application fee to cover the costs of administrative services and expenses, which shall be remitted to the augmentation and conservation assistance fund described in section 45-615, paragraph 1.

D. The director shall levy and collect an annual surcharge from each holder of a permit for interim groundwater use. The amount of the surcharge shall be as follows:

1. For the first year following issuance of the permit, twenty-five dollars per acre-foot of groundwater withdrawn pursuant to the permit.

2. For the second year following issuance of the permit, fifty dollars per acre-foot of groundwater withdrawn pursuant to the permit.

3. For the third year following issuance of the permit, one hundred dollars per acre-foot of groundwater withdrawn pursuant to the permit.

4. For the fourth year following issuance of the permit, two hundred dollars per acre-foot of groundwater withdrawn pursuant to the permit.

5. For the fifth year following issuance of the permit, four hundred dollars per acre-foot of groundwater withdrawn pursuant to the permit.

E. All monies collected pursuant to subsection D of this section shall be remitted as follows:

1. Fifty per cent to the augmentation and conservation assistance fund described in section 45-615, paragraph 1, or if a water district is organized in the active management area under title 48, chapter 28, to the general fund of the district.

2. Fifty per cent to the purchase and retirement fund described in section 45-615, paragraph 2.

F. If the holder of a permit for interim groundwater use fails to pay the surcharge levied pursuant to subsection D of this section by the date set by the director, the director shall revoke the permit.
A.R.S. § 45-204 — Arizona Code / Title 45 / Chapter 1 / Article 8 / Section 204
45-204 Prohibition on canal owner to contract to carry water in excess of capacity of canal
Status: in_force

45-204. Prohibition on canal owner to contract to carry water in excess of capacity of canal

A person owning or controlling a canal, flume or other means for carrying water from a stream or water supply to lands for irrigation of the lands, shall not contract to carry more water than the canal, flume or other means is estimated to carry at any one time, whether the contract is made for measured time or acreage quantity. Such person shall keep the canal, flume or other means in good repair and condition so that it will carry the full amount of water contracted to be carried or delivered.
A.R.S. § 45-600 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 600
45-600 Filing of report by driller; filing of completion report
Status: in_force

45-600. Filing of report by driller; filing of completion report

A. A well driller shall maintain a complete and accurate log of each well drilled. Within thirty days of completion of the drilling of any well in this state, the driller shall file a well driller report with the director which shall include all information contained in the log of the well, including information on the casing of the well and, if the well is an artesian well, the capping. The director shall prescribe well driller report forms and the department shall furnish them on request.

B. Within thirty days after the installation of pumping equipment in any well in this state, the registered well owner shall file a completion report with the director. The director shall prescribe the completion report form and the department shall furnish them on request. The completion report form shall include:

1. The type of equipment installed.

2. Tested pumping capacity of the well in gallons per minute as determined for a non-flowing well by measuring the discharge of the pump after continuous operation for at least four hours, or for a flowing well by measuring the natural flow at the land surface.

3. Drawdown of the water level measured in feet for a non-flowing well after not less than four hours of continuous operation and while still in operation, or for a flowing well, the shut-in pressure measured in feet above the land surface or in pounds per square inch at the land surface.

4. Depth in feet from the land surface to the static groundwater level, measured immediately prior to the well-capacity test.

5. Such other information as the director may require.
A.R.S. § 45-1449 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1449
45-1449 Report to legislature
Status: in_force

45-1449. Report to legislature

The director shall report to the legislature, within fifteen days after the commencement of each regular session, on the disbursal or refusal to disburse money appropriated to him by the legislature for purposes of this chapter and on the disbursal or refusal to disburse monies in any special appropriations for flood control.
A.R.S. § 45-2621 — Arizona Code / Title 45 / Chapter 15 / Article 3 / Section 2621
45-2621 Definitions
Status: in_force

45-2621. Definitions

In this article, unless the context otherwise requires:

1. "Authority" means the Arizona water banking authority established by section 45-2421 or its successor.

2. "Community's account" means the account established for the community in the southside replenishment bank pursuant to section 45-2624.

3. "Industrial acre" means the acre or acres in an eastern protection zone or in the western municipal and industrial protection zone on which water is used for an industrial use and for which the water use is reported to the director under section 45-632, 45-875.01 or 45-2602.

4. "Southside replenishment obligation" means a replenishment obligation calculated under section 45-2622.
A.R.S. § 45-1704 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1704
45-1704 Construction, acquisition and operation
Status: in_force

45-1704. Construction, acquisition and operation

A. The director of water resources may plan, construct, operate and maintain the central Arizona project, or any portion of the project, and any other water projects hereafter included in the state water and power plan, acquire all real property required therefor in the name of the state and take such actions and proceedings as may be necessary or desirable in connection therewith. The authority may plan, acquire, construct, operate and maintain any power project included in the state water and power plan, or any portion of any such project, and any other power projects hereafter included in the state water and power plan, acquire all real property required therefor in the name of the state and take such actions and proceedings as may be necessary or desirable in connection therewith. In carrying out their functions hereunder, the director and the authority shall consult with each other and with appropriate state officials and shall coordinate their activities so that the development of the state water and power plan shall proceed with all reasonable dispatch and efficiency.

B. Before either the director or the authority undertakes the financing or construction of any portion of the central Arizona project, the director or authority shall file with the president of the senate and the speaker of the house, at least thirty calendar days prior to the scheduled adjournment of the legislature's regular session or within five days following the convening of a special session called for that purpose, a feasibility report on such project. Such feasibility report shall set forth estimated costs, the financing steps contemplated, and the anticipated means and schedule of debt payment. Upon approval in whole or in part of such feasibility report by the legislature, the director or the authority shall thereupon be authorized to proceed in accordance with the approval granted by the legislature and the provisions of this article.

C. The state consents to the use and occupation of any real property now or hereafter owned by it, and not dedicated to public use, necessary for the construction, operation or maintenance of any project or projects included in the state water and power plan subject, however, to such payment as lawfully may be required.
A.R.S. § 45-553 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 553
45-553 Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area
Status: in_force

45-553. Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area

A. Groundwater may be withdrawn from land owned by this state or by a political subdivision of this state in the Butler Valley groundwater basin for transportation to an initial active management area.

B. Title to land in the Butler Valley groundwater basin that is owned by this state or a political subdivision of this state and from which groundwater is withdrawn for transportation to an initial active management area may be sold, exchanged or otherwise conveyed only to this state or to another political subdivision of this state.