A.R.S. § 45-472 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 472
45-472 Conveyance of irrigation grandfathered right; within service area; outside service area; change to non-irrigation grandfathered right; forfeiture of right to convey to non-irrigation use; definition
Status: in_force

45-472. Conveyance of irrigation grandfathered right; within service area; outside service area; change to non-irrigation grandfathered right; forfeiture of right to convey to non-irrigation use; definition

A. The owner of an irrigation grandfathered right may convey the right only with the land to which the right is appurtenant.

B. If the land to which an irrigation grandfathered right is appurtenant is within the exterior boundaries of the service area of a city, town or private water company:

1. The irrigation grandfathered right may be conveyed only for an irrigation use, except for expanded animal industry use or as provided in paragraphs 2 and 3 of this subsection. If an irrigation grandfathered right is conveyed for an irrigation or expanded animal industry use, the full amount of the right is conveyed. The amount of groundwater conveyed pursuant to the right:

(a) For an irrigation use may be withdrawn from the land to which the right is appurtenant or any other land and may be used only on the land to which the right is appurtenant or on contiguous irrigation acres under common ownership within the service area of the city, town or private water company subject to the provisions of articles 8 and 8.1 of this chapter relating to transportation of groundwater. For purposes of this subdivision, irrigation acres that are separated by a road, highway, easement or right-of-way from the land to which the irrigation grandfathered right is appurtenant are deemed to be contiguous.

(b) For an expanded animal industry use may be withdrawn by the new owner of the right only from the land to which the right is appurtenant and used on that land or on any other land, subject to the provisions of articles 8 and 8.1 of this chapter relating to transportation of groundwater. If the groundwater was delivered by an irrigation district to the previous owner of the right, the irrigation district may continue to deliver groundwater to the new owner pursuant to the right. If any portion of the amount of groundwater conveyed is withdrawn by the new owner and used on other land, no additional groundwater may be withdrawn for use on the land to which the right is appurtenant.

2. The irrigation grandfathered right may be conveyed to an industry engaged in the generation of electrical energy for the purpose of electrical energy generation, except that, if the facility for the generation of electrical energy is not subject to title 40, chapter 2, article 6.2, the conveyance is subject to the approval of:

(a) The appropriate city or town, if the irrigation grandfathered right to be conveyed is appurtenant to land within the exterior boundaries of the service area of a city or town.

(b) The director, if the irrigation grandfathered right to be conveyed is appurtenant to land within the corporate limits of a city or town and within the exterior boundaries of the service area of a private water company.

3. If an irrigation grandfathered right is conveyed for a non-irrigation use pursuant to paragraph 2 of this subsection, the amount of the right that is conveyed is the lesser of:

(a) The current maximum amount of groundwater that may be used pursuant to the right, as calculated pursuant to section 45-465, subsection B.

(b) Three acre-feet per year multiplied by the number of water duty acres in the farm in which the acre to which the right is appurtenant is located divided by the number of irrigation acres in the farm.

4. The new owner of an irrigation grandfathered right conveyed pursuant to paragraph 2 of this subsection may withdraw the amount of groundwater conveyed pursuant to that right, as determined in paragraph 3 of this subsection, only from the land to which the right is appurtenant and use the groundwater on that land, but may not use the groundwater on other land, except that, if the groundwater was delivered by an irrigation district to the previous owner of the right, the irrigation district may continue to deliver groundwater to the new owner pursuant to the right for use on the land to which the right is appurtenant.

5. All withdrawal or use of groundwater pursuant to this subsection is subject to subsection H of this section.

C. If the land to which an irrigation grandfathered right is appurtenant is included within the exterior boundaries of the service area of a city, town or private water company subsequent to the date of the designation of an active management area, the owner of the right may, with the approval of the director and consistent with the provisions of this chapter, convey the grandfathered right for a non-irrigation use, other than an expanded animal industry use, on the land to which the right is appurtenant, upon a showing that adequate water service is unavailable at rates comparable to rates charged similar classes of water users within such service area. The amount of the right conveyed is determined pursuant to subsection B, paragraph 3 of this section. All withdrawal or use of groundwater pursuant to this subsection is subject to subsection H of this section.

D. If the land to which an irrigation grandfathered right is appurtenant is outside of the exterior boundaries of the service area of a city, town or private water company:

1. The irrigation grandfathered right may be conveyed for an irrigation use or a non-irrigation use. If an irrigation grandfathered right is conveyed for an irrigation or an expanded animal industry use, the full amount of the right is conveyed. If an irrigation grandfathered right is conveyed for a non-irrigation use, other than an expanded animal industry use, the amount of the right that is conveyed is the lesser of:

(a) The current maximum amount of groundwater that may be used pursuant to the right as calculated pursuant to section 45-465, subsection B.

(b) Three acre-feet per year multiplied by the number of water duty acres in the farm in which the acre to which the right is appurtenant is located and divided by the number of irrigation acres in the farm.

2. The amount of groundwater conveyed pursuant to the right for a non-irrigation use, as determined in paragraph 1 of this subsection, may be withdrawn by the new owner of the right only from the land to which the right is appurtenant and used on that land or on any other land, subject to section 45-473.01 and to the provisions of articles 8 and 8.1 of this chapter relating to transportation of groundwater, except that, if the groundwater was delivered by an irrigation district to the previous owner of the right, the irrigation district may continue to deliver groundwater to the new owner pursuant to the right. If any portion of the amount of groundwater conveyed is withdrawn by the new owner and used on other land, no additional groundwater may be withdrawn for use on the land to which the right is appurtenant, except that, if the new owner is an industry, it may withdraw a portion of the amount of groundwater conveyed for use on other land and withdraw the remainder of the amount of groundwater conveyed for municipal and industrial use on the land to which the right is appurtenant for purposes directly related to the industry's industrial operation.

3. The amount of groundwater conveyed pursuant to the right for an irrigation use, as determined in paragraph 1 of this subsection, may be withdrawn from the land to which the right is appurtenant or from any other land and may be used only on the land to which the right is appurtenant or on contiguous irrigation acres under common ownership, subject to the provisions of articles 8 and 8.1 of this chapter relating to transportation of groundwater. For purposes of this paragraph, irrigation acres that are separated by a road, highway, easement or right-of-way from the land to which the irrigation grandfathered right is appurtenant are deemed to be contiguous.

4. All withdrawal or use of groundwater pursuant to this subsection is subject to subsection H of this section.

E. If an irrigation grandfathered right is conveyed for a non-irrigation use, the new owner's right to withdraw or receive groundwater is a non-irrigation grandfathered right associated with retired irrigated land, or a type 1 non-irrigation grandfathered right.  All subsequent conveyances of that right are governed by section 45-473.

F. The amount of a type 1 non-irrigation grandfathered right shall be determined at the time it is established and shall remain fixed at that amount.

G. An irrigation grandfathered right may not be conveyed for a non-irrigation use if one of the following applies:

1. The irrigation grandfathered right has not been retired in anticipation of a future non-irrigation use and has not been exercised for five consecutive years.

2. The land to which the irrigation grandfathered right is appurtenant was previously designated by the director as protected farmland pursuant to section 45-483, subsection A.  This paragraph shall not apply to land that was designated by the director as protected farmland if the director revoked the designation pursuant to section 45-483, subsection C, paragraph 1 and the director determined at that time that the conservation easement in the land was terminated because a partial or full condemnation of the land made farming impracticable.

H. A person who owns a type 1 non-irrigation grandfathered right under this section shall not withdraw or use groundwater pursuant to the portion of the type 1 non-irrigation grandfathered right that is appurtenant to land that the owner may irrigate with effluent pursuant to section 45-452, subsection J.

I. For the purposes of this section, "land to which the right is appurtenant" means the acre or group of contiguous acres conveyed with an irrigation grandfathered right.
A.R.S. § 45-576.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.01
45-576.01 Determining consistency with management goal in a replenishment district, conservation district and water district
Status: in_force

45-576.01. Determining consistency with management goal in a replenishment district, conservation district and water district

A. For the purpose of determining whether an assured water supply exists, the director shall find that a groundwater replenishment district member's projected use is consistent with achieving the management goal for the active management area under section 45-576 if:

1. The land for which a certificate or the city, town or private water company for which a designation is sought is in a groundwater replenishment district established pursuant to title 48, chapter 27.

2. The director has made either a preliminary determination that has not expired or a final determination that the district's plan for operation is consistent with achieving the management goal according to section 45-576.03, subsection E.

3. The master replenishment account established pursuant to section 45-858.01 does not have a debit balance that exceeds the cumulative amount of the district's debits accrued during the four preceding calendar years.

B. For the purpose of determining whether an assured water supply exists, the director shall find that a projected use is consistent with achieving the management goal for the active management area under section 45-576 if all of the following apply:

1. The land for which a certificate is sought is a member land, or the service area of a city, town or private water company for which a designation is sought is a member service area, in a conservation district as provided by title 48, chapter 22, article 4, or the land for which a certificate is sought is a water district member land, or the service area for which a designation is sought is a water district member service area in a water district as provided by title 48, chapter 28, article 7.

2. The director's most recent determination pursuant to section 45-576.03, subsection M, O or R that the plan for operation submitted by the conservation district or water district is consistent with achieving the management goal for the active management area in which the use is located has not expired.

3. The conservation district or the water district, whichever is obligated to replenish groundwater on behalf of the land for which a certificate is sought or the service area of a city, town or private water company for which a designation is sought, is currently in compliance with its groundwater replenishment obligation for the active management area in which the use is located, as determined by the director pursuant to section 45-859.01 or 45-860.01.
A.R.S. § 45-465.03 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 465.03
45-465.03 Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions
Status: in_force

45-465.03. Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions

A. In an initial active management area, a person who holds a certificate of irrigation grandfathered right has the right to withdraw annually up to ten acre-feet of groundwater for domestic purposes or stockwatering from a well or wells the holder is using to withdraw groundwater for irrigation use on the certificated acres and use the groundwater pursuant to subsections B and C of this section if both of the following apply:

1. As of June 12, 1980 groundwater withdrawn from the well or wells was being used for domestic purposes or stockwatering.

2. No certificate of type 2 non-irrigation grandfathered right has been issued by the director based in whole or in part on the withdrawals for domestic purposes or stockwatering.

B. Groundwater withdrawn pursuant to this section may be used only:

1. On the same land on which groundwater withdrawn from the well or wells was being used for domestic purposes or stockwatering as of June 12, 1980.

2. For the same purpose for which groundwater withdrawn from the well or wells was being used as of June 12, 1980.

C. If groundwater withdrawn pursuant to this section is used for domestic purposes and stockwatering, the aggregate quantity of groundwater withdrawn for those purposes shall not exceed ten acre-feet per year.

D. For purposes of this section, a replacement well in the same location or a replacement well in a new location shall be considered to be the same well as the well being used as of June 12, 1980.

E. If the withdrawals for domestic purposes or stockwatering are separately measured with a water measuring device approved by the director pursuant to section 45-604, the withdrawals are exempt from the conservation requirements for non-irrigation uses established in the management plans adopted pursuant to article 9 of this chapter.

F. If the withdrawals for domestic purposes or stockwatering are not separately measured with a water measuring device approved by the director pursuant to section 45-604, the withdrawals shall be deemed to be withdrawals for irrigation use on the certificated acres for purposes of determining debits and credits to the flexibility account established pursuant to section 45-467 and for purposes of reporting the use to which the groundwater was applied in the annual reports required by section 45-632.

G. The right to withdraw and use groundwater pursuant to this section is an incident of an irrigation grandfathered right and may be leased or conveyed with the irrigation grandfathered right.

H. If an irrigation grandfathered right is retired or conveyed for a non-irrigation use, the right to withdraw and use groundwater pursuant to this section is extinguished.

I. For purposes of this section:

1. "Certificated acres" means the acres described on the certificate of irrigation grandfathered right.

2. "Domestic purposes" means uses related to the supply, service and activities of households and private residences. Domestic purposes does not include the application of water to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such terms are defined in section 3-1201.

3. "Stockwatering" means watering livestock, range livestock or poultry, as such terms are defined in section 3-1201.
A.R.S. § 45-2623 — Arizona Code / Title 45 / Chapter 15 / Article 3 / Section 2623
45-2623 Satisfaction of southside replenishment obligations
Status: in_force

45-2623. Satisfaction of southside replenishment obligations

A. The authority shall satisfy the southside replenishment obligations for a particular year no later than June 1 of the third calendar year following that year, except that the authority shall satisfy the irrigation replenishment obligations described in section 45-2622, subsection B, paragraphs 5 and 6 for a particular year no later than June 1 of the fifth calendar year after that year.

B. A southside replenishment obligation for a year is satisfied when the authority performs one or more of the replenishment activities described in subsection C of this section in an amount equal to the replenishment obligation.

C. The authority shall satisfy a southside replenishment obligation for a year by performing one or more of the following replenishment activities, as applicable:

1. For any replenishment obligation, the authority may deliver water acquired by the authority under chapter 14 of this title to the community for direct use or for underground storage and recovery within the reservation. The authority shall not deliver water to the community under this paragraph unless the community agrees in writing to accept the water and specifies in writing the locations, times and quantities of the deliveries.

2. For a replenishment obligation applicable to the western municipal and industrial protection zone or the western municipal protection zone, the authority may extinguish long-term storage credits earned or acquired by the authority under chapter 3.1 of this title, as authorized by chapter 14 of this title, and to which both of the following apply:

(a) The credits were earned within five years before the date the credits are extinguished.

(b) The credits were earned for the storage of water in the western municipal and industrial protection zone or the western municipal protection zone.

3. For a replenishment obligation applicable to the eastern protection zone north or the eastern protection zone south, the authority may extinguish long-term storage credits earned or acquired by the authority under chapter 3.1 of this title, as authorized under chapter 14 of this title, and to which both of the following apply:

(a) The credits were earned within seven years before the date the credits are extinguished.

(b) The credits were earned for the storage of water in the eastern protection zone north or the eastern protection zone south.

4. For any replenishment obligation, the authority may debit the community’s account in the southside replenishment bank established under section 45-2624 in an amount not to exceed the amount of water in the account.

D. The authority shall maintain in its records an account of the replenishment activities performed by the authority to satisfy a southside replenishment obligation.  Any water delivered to the community under subsection C, paragraph 1 of this section, any long-term storage credits extinguished under subsection C, paragraphs 2 and 3 of this section and any debits registered to the southside replenishment bank under subsection C, paragraph 4 of this section shall be applied toward the satisfaction of a replenishment obligation on an acre-foot per acre-foot basis.

E. After the authority performs a replenishment activity under subsection C of this section, the authority shall notify the community that the replenishment activity has been performed and identify the replenishment obligation for which the activity was performed.
A.R.S. § 45-165 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 165
45-165 Application for interstate operations
Status: in_force

45-165. Application for interstate operations

Except as provided by article 11 of this chapter, an application for appropriation of water shall not be denied because the point of diversion of water described in the application or any portion of the works to be constructed for the purpose of storing, diverting or distributing water, or the place of intended use, or the lands to be irrigated by the water or part of such water, is located in another state.
A.R.S. § 45-314 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 314
45-314 Labeling fixtures; violation
Status: in_force

45-314. Labeling fixtures; violation

A. Before sale by any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state, each plumbing fixture that meets the requirements of this article shall be marked with labels, on both box and product, that certify that the fixture complies with this article.

B. The labels required by this section may be removable, but if a building or plumbing permit is required, the labels shall not be removed from the fixtures to which they are attached until the fixtures have been installed and inspected by the local authority having building or plumbing code inspection responsibility for the locality in which the fixtures have been installed.

C. A failure to label a fixture pursuant to this section, or any false or inaccurate labeling of a fixture, constitutes a separate violation of this article in addition to any violation of the prohibition against nonconforming fixtures in sections 45-312 and 45-313.
A.R.S. § 45-1223 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1223
45-1223 Stay of director's decision; precedence of actions for judicial review
Status: in_force

45-1223. Stay of director's decision; precedence of actions for judicial review

A. A decision of the director shall not be stayed pending an action for judicial review, except that the judge to whom the action for judicial review has been assigned may stay the decision of the director with or without bond on a showing of good cause.  In determining if good cause exists under the circumstances, the court may consider whether:

1. The public interest will be adversely affected by a stay.

2. The stay will harm others.

3. There is a high probability that the appellant will succeed on the merits.

4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.

B. For the benefit of the people of this state, actions for judicial review under this article have precedence, in every court, over all other civil proceedings.

C. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.
A.R.S. § 45-568.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 568.01
45-568.01 Non-per capita conservation program for municipal providers; fifth management period
Status: in_force

45-568.01. Non-per capita conservation program for municipal providers; 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 a non-per capita conservation program for municipal providers.  The program shall require a municipal provider regulated under the program to implement one or more water conservation measures in its service area from the list 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 conservation measures that a provider must implement under this subsection 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 of this section, which may include the conservation measures described in section 45-567.01, subsection A, paragraphs 1 and 2.

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 45-568, subsection A.

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 45-568, subsection B 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 45-568, subsection B 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.

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 45-568, subsection A, 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 for deliveries of untreated water by large untreated water providers pursuant to section 45-568, subsection A 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 45-568, subsection A.

L. A municipal provider that is regulated under the non-per capita conservation program established under this section shall comply with any individual user requirements prescribed pursuant to section 45-568, subsection A, 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 45-568, subsection A.
A.R.S. § 45-313 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 313
45-313 Prohibited plumbing fixtures; commercial, industrial and public construction
Status: in_force

45-313. Prohibited plumbing fixtures; commercial, industrial and public construction

Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any plumbing fixtures for use in this state in any new commercial, industrial or public construction or for replacing plumbing fixtures in existing commercial, industrial or public construction, unless the fixtures meet the following water saving performance standards:

1. Lavatory faucets shall be equipped with a mechanism that causes the faucet to close automatically after delivering no more than one-fourth gallon of water or shall be designed to deliver no more than an average of one-half gallon of water per minute at a pressure of eighty PSI.

2. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.

3. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.

4. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.

5. Evaporative cooling systems and decorative fountains shall be equipped with water recycling or reuse systems.
A.R.S. § 45-1976 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1976
45-1976 Payment of interest coupons; investment of bond fund monies
Status: in_force

45-1976. Payment of interest coupons; investment of bond fund monies

The secretary-treasurer of the authority shall:

1. Pay matured interest coupons from bonds of the authority from the bond fund.

2. Invest monies in the bond fund, under direction of the board, in bonds of the United States or this state that shall be kept in the bond fund and that may be used to redeem bonds of the authority, on the request of the holders, either by exchanging them for bonds of the authority or by converting them into cash.
A.R.S. § 45-841.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3.1 / Section 841.01
45-841.01 Accrual of long-term storage credits; Indian water rights settlements
Status: in_force

45-841.01. Accrual of long-term storage credits; Indian water rights settlements

A. To further the implementation of Indian water rights settlements in this state, an Indian community may accrue long-term storage credits as prescribed by this section.

B. This section applies only to the settlement of a water rights claim by a federally recognized Indian community in this state if the settlement provides for off-reservation storage of its central Arizona project water and only after the settlement results in a dismissal with prejudice of a class action claim that has been pending in the United States district court for more than five years.

C. Before accruing any long-term storage credits under this section, both of the following conditions apply:

1. A party seeking to participate in the accrual of long-term storage credits under this section shall file written notice with the director that the requirements of subsection B of this section have been met.

2. The director shall find that the requirements of subsection B of this section have been met.

D. Before accruing any long-term storage credits under this section, a party seeking to participate in the accrual of long-term storage credits under this section shall file with the director all of the following information:

1. A written notice of the party's intent to begin the delivery of central Arizona project water that is available to the Indian community to the holder of grandfathered groundwater rights in an active management area.

2. A sworn statement by the holder of the grandfathered groundwater rights that the holder will use the water delivered off of Indian community lands on a gallon-for-gallon substitute basis instead of groundwater that otherwise would have been pumped pursuant to the grandfathered groundwater rights from within an active management area.

3. A listing and description of the grandfathered groundwater rights that will not be exercised by the holder because of the delivery of the water that is delivered by the Indian community.

4. A hydrologic report assessing the effect of nonexercise of grandfathered groundwater rights under this section on any underground storage facility that was constructed as a state demonstration project and that is located within ten miles of the point of withdrawal for the grandfathered groundwater rights.

E. The director shall review the hydrologic report filed pursuant to subsection D, paragraph 4 of this section and shall make such modifications to the state demonstration project's underground storage facility permit as the director deems appropriate.

F. If the director determines that the parties have complied with subsection D of this section, the Indian community may begin accruing long-term storage credits for the delivery of central Arizona project water to the holder of the grandfathered groundwater rights, but only if the following apply:

1. By March 31 of each year, the holder of the grandfathered groundwater rights files an annual report with the director for the preceding calendar year.  The annual report shall include the following information:

(a) The total quantity of water received from the Indian community during the year for use by the holder under this section.

(b) A listing of those grandfathered groundwater rights that were not exercised during the year by the holder because of the receipt of central Arizona project water delivered by the Indian community.

(c) Such other information as the director may reasonably require.

2. The director finds that the water reported as received by the grandfathered groundwater right holder was used on a gallon-for-gallon substitute basis for groundwater.

3. The Indian community has offered to sell the Arizona water banking authority ten per cent of any long-term storage credits accruable by the Indian community under this section at a price per acre-foot at the time of sale equal to the authority's cost of delivering and storing water at an underground storage facility that was constructed as a state demonstration project and that is located within ten miles of the point of withdrawal of any of the grandfathered groundwater rights identified in the list filed with the director pursuant to subsection D, paragraph 3 of this section, except that any credits purchased pursuant to such offer may not be recovered within five miles of the exterior reservation boundary of the Indian community.

G. The water that is received under this section by the holder of the grandfathered groundwater right is deemed to be groundwater for all purposes of chapter 2 of this title as if the holder had withdrawn it from a well. The holder is responsible for all records, reports and fees required by chapter 2 of this title relating to the water received.

H. The director shall establish a long-term storage account for the Indian community in accordance with section 45-852.01 and each year shall credit to that long-term storage account ninety-five per cent of the water received by the holder of the grandfathered groundwater right during the preceding year that meets the requirements of subsection F of this section.

I. Long-term storage credits accrued pursuant to this section may be used or assigned in any manner that is consistent with this chapter.

J. The maximum amount of long-term storage credits that may be accrued by an Indian community under this section in any year is ten thousand acre-feet.
A.R.S. § 45-2401 — Arizona Code / Title 45 / Chapter 14 / Article 1 / Section 2401
45-2401 Declaration of policy and purpose
Status: in_force

45-2401. Declaration of policy and purpose

A. The legislature finds that this state is currently and temporarily underutilizing both the entitlement to Colorado river water confirmed to it by the United States supreme court in Arizona v. California, 373 U.S. 546 (1963), and the central Arizona project, which has the capacity to divert into this state a significant portion of this state's entitlement to Colorado river water. The legislature further finds that, due to the low priority on the Colorado river of the central Arizona project and other Arizona Colorado river water users, the susceptibility of this state to future shortages of water on the Colorado river is a threat to the general economy and welfare of this state and its citizens.

B. The legislature further finds that water users within the central Arizona project service area also rely on other surface water supplies, that these supplies are susceptible to future shortages of water and that these shortages are a threat to the general economy and welfare of this state and its citizens.

C. The legislature further finds that future water needs in the states of California and Nevada could exceed the entitlements of those states to Colorado river water. Those future water needs could thereby affect the general economy and welfare of this state and its citizens because of the close economic ties among Arizona, California and Nevada.

D. The legislature further finds that Arizona water users could more efficiently manage, distribute and use available water resources through the storage of water supplies and through stored water lending arrangements, but that not all of these Arizona water users have the opportunities or resources needed to store water or enter into stored water lending arrangements.

E. The legislature further finds that for the purposes of this chapter diverting Colorado river water for storage off of the Colorado river system is a consumptive use of that water.

F. The legislature further finds that water banking is complimentary and compatible with existing water management efforts. The Arizona water banking authority will compliment and assist the activities of the central Arizona water conservation district in its mission to provide a dependable and cost-effective water supply.

G. The legislature therefore finds that it is in the best interest of the general economy and welfare of this state and its citizens to:

1. Use the central Arizona project to store otherwise unused Arizona entitlement to Colorado river water within this state to meet future water needs within this state.

2. Provide the opportunity to the states of California and Nevada to store currently unused Colorado river water in Arizona to meet future needs in those states.

3. Provide the opportunity to facilitate the storage of water and stored water lending arrangements by entities in Arizona that may not have the opportunities or resources needed to store water.

4. Provide the opportunity to facilitate the settlement of Indian water rights claims by delivering and storing water.

H. The public policy and general purposes of this chapter are to:

1. Increase utilization of Arizona's Colorado river entitlement that was confirmed to Arizona by the United States supreme court in article ii(b)(1), (2) and (6) of the decree entered at Arizona v. California, 376 U.S. 340 (1964), and that would otherwise be unused in Arizona, by delivering that water into this state through the central Arizona project aqueducts.

2. Store water brought into this state through the central Arizona project to protect Arizona municipal and industrial water users against future water shortages on the Colorado river and disruptions of operation of the central Arizona project.

3. Store water brought into this state through the central Arizona project to fulfill the water management objectives of this state set forth in chapter 2 of this title.

4. Provide the opportunity for storing water brought into this state through the central Arizona project to be available to implement the settlement of water right claims by Indian communities within Arizona.

5. Provide the opportunity to authorized agencies in the states of California and Nevada to store otherwise unused Colorado river water in Arizona to assist those states in meeting future water needs.

6. Provide the opportunity to facilitate the storage of water and stored water lending arrangements by entities in Arizona that may not have the opportunities or resources needed to store water.
A.R.S. § 45-2111 — Arizona Code / Title 45 / Chapter 12 / Article 2 / Section 2111
45-2111 Arizona water protection fund
Status: in_force

45-2111. Arizona water protection fund

A. The Arizona water protection fund is established. The commission shall administer the fund.

B. The commission may grant monies from the fund to reimburse or advance monies to persons pursuant to section 45-2113. Grants made pursuant to this article are exempt from title 41, chapter 23.

C. On notice from the commission, 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. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 45-411.02 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 411.02
45-411.02 Modification of boundaries of Tucson active management area; map
Status: in_force

45-411.02. Modification of boundaries of Tucson active management area; map

A. Beginning July 1, 1994, the boundaries of the Tucson active management area are modified to exclude the portion of the upper Santa Cruz valley sub-basin included within the Santa Cruz active management area on that date. The modified boundaries of the Tucson active management area are shown on the map filed in the office of the secretary of state on June 10, 1994.

B. A true copy of the map identifying the modified boundaries of the Tucson active management area shall be on file in the department and shall be available for examination by the public during regular business hours. A true copy of the map shall also be filed in the office of the county recorder in the counties in which the active management area is located.
A.R.S. § 45-513 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 513
45-513 Dewatering permit; definition; priorities for use of groundwater; conditions on director; duration of permit
Status: in_force

45-513. Dewatering permit; definition; priorities for use of groundwater; conditions on director; duration of permit

A. Except as provided in subsection F of this section, a person who is engaged in or proposes to engage in the extraction and processing of minerals shall be issued a dewatering permit for the beneficial use of the land for mineral extraction, for metallurgical processing and for compliance with applicable environmental controls. For purposes of this section, "dewatering" means the withdrawal of groundwater from pits, from in, under and around ore bodies in proximity to pits and from underground workings. Dewatering does not include process water and tailing water recovered from or pumped from beneath tailing ponds.

B. A person who is engaged in or proposes to engage in the extraction and processing of minerals may recover from or pump from beneath tailing ponds process water and tailing water without obtaining a permit under this article, if that water is recycled into the extraction or metallurgical process or is withdrawn to comply with applicable environmental controls. Such a person may not drill or cause to be drilled a well for the purpose of pumping or recovering process water or tailing water from beneath tailing ponds for recycling into the extraction or metallurgical process without first filing a notice of intention to drill under section 45-596.

C. Groundwater withdrawn pursuant to a dewatering permit shall be used in the following order of priority:

1. To meet mineral extraction, metallurgical processing and environmental control requirements of the permittee.

2. To a city, town, private water company or farm and any other person whose respective ability to withdraw groundwater has been adversely affected by a dewatering permit. Such water shall be equitably allocated by the director without costs but subject to the conditions set forth in subsection D of this section among such persons adversely affected by such dewatering. A person who receives an allocation of water under this paragraph shall reduce his groundwater withdrawals by the amount of water he receives under this paragraph. A person receiving water under this paragraph does not thereby forfeit or abandon his right to withdraw groundwater.

3. For municipal, commercial, domestic and industrial needs of communities and residential areas directly related to the mineral extraction and metallurgical processing operation of the permittee.

4. To irrigate land owned or controlled by the permittee which is entitled to the use of groundwater for irrigation.

5. To the director for such distribution as will best achieve the goals and purposes of the management plan for the active management area.

6. For such other legal purpose as the permittee elects.

D. Groundwater made available to the director for distribution or allocation under this section is subject to the following conditions:

1. The permittee shall deliver the groundwater to the boundary of his property but shall not be obligated to deliver it further.

2. The permittee shall not be required to treat the chemical quality of the groundwater for distribution or allocation.

3. The permittee shall not be required to make the groundwater available if dewatering ceases, or if all or any portion of the groundwater is needed for a purpose having a higher priority as specified in subsection C of this section.

4. The person actually using the groundwater distributed or allocated by the director shall be responsible for paying any withdrawal fees required under section 45-611.

5. If the director sells water, proceeds shall be applied as follows:

(a) To cover costs, if any, of the director in delivering water to other users.

(b) To cover the permittee's cost in transporting water to the boundary of his property.

(c) To the active management area for general purposes as determined by the director.

E. A permit issued pursuant to this section shall be granted for a period of up to fifty years, subject to renewal under the same criteria used in granting the original permit.

F. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to section 45-576.02, subsection A, paragraph 1, and except for an application to renew a dewatering permit, on receiving a permit application the director shall not issue a permit for a well in the district unless at the time the application for the permit is filed:

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

2. The master replenishment account, as established in section 45-858.01, does not have a debit balance in an amount in excess of the amount allowed under section 45-576.01, subsection A, paragraph 3.
A.R.S. § 45-811.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 2 / Section 811.01
45-811.01 Underground storage facility permit
Status: in_force

45-811.01. Underground storage facility permit

A. A person may apply to the director for a constructed underground storage facility permit or a managed underground storage facility permit and may operate an underground storage facility only pursuant to a permit.

B. A person applying to the director for a managed underground storage facility permit may request to have the facility designated as a facility that could add value to a national park, national monument or state park if that park or monument includes any portion of a natural channel of a stream or adjacent floodplain that would benefit from the facility.

C. The director may issue a permit to operate an underground storage facility if the director determines that all of the following apply:

1. The applicant has the technical and financial capability to construct and operate the facility.

2. Storage of the maximum amount of water that could be in storage at any one time at the facility is hydrologically feasible.

3. Storage at the facility will not cause unreasonable harm to land or other water users within the maximum area of impact of the maximum amount of water that could be in storage at any one time at the underground storage facility over the duration of the permit.

4. The applicant has agreed in writing to obtain any required floodplain use permit from the county flood control district before beginning any construction activities.

5. The director of environmental quality has determined that the facility is not in a location that will promote either the migration of a contaminant plume or the migration of a poor quality groundwater area so as to cause unreasonable harm or is not in a location that will result in pollutants being leached to the groundwater table so as to cause unreasonable harm, if the proposed water storage at the underground storage facility is exempt from the requirement for an aquifer protection permit under section 49-250, subsection B, paragraph 12, 13 or 24. For any facility exempt under section 49-250, subsection B, paragraph 24, the director of water resources, after consultation with the director of the department of environmental quality, may include in the permit any requirements, including operation, maintenance, monitoring, record keeping, reporting, contingency plan or remedial action requirements, as the director of water resources deems necessary.

D. The director may designate a managed underground storage facility as one that could add value to a national park, national monument or state park if the director finds that all of the following apply:

1. The applicant has agreed in writing to maintain a quantified, minimum base flow and annual discharge to the stream for the duration of the permit.

2. The project will benefit the groundwater basin as a whole.
A.R.S. § 45-579.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 579.01
45-579.01 Certificate of assured water supply; material change; plat
Status: in_force

45-579.01. Certificate of assured water supply; material change; plat

For the purpose of determining whether changes to a plat for which a certificate has been issued in an active management area are material under rules adopted pursuant to section 45-576, subsection H, the director shall not consider any change in the number of housing units or lots if there is a reduction in the total water demand for the subdivision.
A.R.S. § 45-563.03 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 563.03
45-563.03 Turf and plant installation requirements; prohibition; exception; definition
Status: in_force

45-563.03. Turf and plant installation requirements; prohibition; exception; definition

A. Notwithstanding any other law, a municipality that is located in an initial active management area may not adopt or enforce any requirement that establishes, directly or indirectly, any of the following:

1. Minimum turf requirements, except for functional turf requirements that are associated with public recreational use areas or other public spaces that are regularly used for civic, community or recreational purposes, including playgrounds, sports fields, cemeteries, schoolyards and stormwater management, but not including stormwater drainage areas that are located in subdivisions.

2. The installation of plants that are not included on the low-water-use and drought-tolerant plant list that is published by the department for the current management plan in the initial active management areas.

B. For the purposes of this section, "subdivision" has the same meaning prescribed in section 32-2101.
A.R.S. § 45-855.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 855.01
45-855.01 Effect of long-term storage credits on assured water supply and adequate water supply
Status: in_force

45-855.01. Effect of long-term storage credits on assured water supply and adequate water supply

A. In an active management area, except as provided in section 45-853.01, subsection C, and on the request of a person who holds long-term storage credits, the director shall include the amount of long-term storage credits requested by the person in determining whether to issue a certificate of assured water supply to the person pursuant to section 45-576, or if the person is a city, town or private water company, whether to designate or redesignate the city, town or private water company as having an assured water supply. This subsection shall not be construed to prohibit or require the director to include projected additions to a long-term storage account in determining whether to issue a certificate of assured water supply to the person, or if the person is a city, town or private water company, whether to designate or redesignate the city, town or private water company as having an assured water supply.

B. Outside an active management area, except as provided in section 45-853.01, subsection C and on the request of a person who holds long-term storage credits, the director shall include the amount of long-term storage credits requested by the person in determining whether to issue a report of adequate water supply pursuant to section 45-108 for a subdivision to the person, or if the person is a city, town or private water company, whether to designate the city, town or private water company as having an adequate water supply. This subsection shall not be construed to prohibit or require the director to include projected additions to a long-term storage account in determining whether to issue a report of adequate water supply for a subdivision to the person, or if the person who holds the long-term storage account is a city, town or private water company, whether to designate the city, town or private water company as having an adequate water supply.

C. Long-term storage credits included by the director in making the determinations and designations in subsections A and B of this section are not assignable by the person holding the credits, unless the director has determined that the credits will continue to be used for the subdivision for which the certificate of assured water supply or certificate of adequate water supply has been issued or for the service area that has been designated as having an assured water supply or an adequate water supply.
A.R.S. § 45-835.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3 / Section 835.01
45-835.01 Simultaneous applications
Status: in_force

45-835.01. Simultaneous applications

A person may apply to the director for a storage facility permit, a water storage permit to store water at the storage facility and a recovery well permit to recover the water stored at the storage facility at the same time and the director shall process the applications for the permits simultaneously.
A.R.S. § 45-1504 — Arizona Code / Title 45 / Chapter 8 / Article 6 / Section 1504
45-1504 Flood warning system grants
Status: in_force

45-1504. Flood warning system grants

A. The director may grant monies from the flood warning system fund established by section 45-1503 either by advancing monies or by making reimbursements to local entities eligible for flood warning system assistance under this article to defray the cost to the local entity of the following:

1. Plan and design of a flood warning system.

2. Purchase of equipment necessary to install a flood warning system.

3. Installation of flood warning system equipment.

4. Initial operation of the system including hydrologic and hydraulic modeling and system calibration.

B. On application, the director shall make a full and careful investigation of the qualifications of the applicant and the proposed project. The director shall determine whether the proposed flood warning system would provide meaningful flood warning and is in the best interest of this state.

C. No grant may be for more than seventy-five per cent of the cost of equipment necessary to install the flood warning system.

D. Each grant shall be evidenced by an intergovernmental agreement between the local entity and the director, acting on behalf of this state.

E. Grants may be awarded subject to this article in the manner and on the terms and conditions as may be prescribed by the director. Grants made pursuant to this article are exempt from title 41, chapter 23.

F. The director shall not grant any monies from the flood warning system fund to a local entity 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.

G. Grants may be made directly to the director pursuant to this section for the purpose of planning, designing, installing, operating and maintaining a flood warning system. Grants made directly to the director shall be evidenced by a written scope of work.
A.R.S. § 45-598 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 598
45-598 New wells and replacement wells in new locations in active management areas; rules; permit required
Status: in_force

45-598. New wells and replacement wells in new locations in active management areas; rules; permit required

A. The director shall adopt rules governing the location of new wells and replacement wells in new locations in active management areas to prevent unreasonably increasing damage to surrounding land or other water users from the concentration of wells.

B. A person entitled to withdraw groundwater in an active management area pursuant to article 5 or 6 of this chapter may construct a new well or a replacement well in a new location if the location of the new well or the replacement well complies with the rules adopted by the director pursuant to subsection A of this section and if the person has applied for and received a permit from the director pursuant to section 45-599.

C. An applicant for a general industrial use permit pursuant to sections 45-515 and 45-521 who proposes to construct a new well or a replacement well in a new location shall also apply for a permit pursuant to section 45-599.

D. A person who is entitled to withdraw groundwater in an active management area under article 5 or 6 of this chapter may withdraw groundwater under article 5 or 6 of this chapter from a well drilled to withdraw groundwater pursuant to a groundwater withdrawal permit issued under article 7 of this chapter if the location of the well complies with the rules adopted by the director under subsection A of this section and if the person has applied for and received a permit from the director pursuant to section 45-599. A person entitled to withdraw groundwater in an active management area under a general industrial use permit issued under section 45-515 may withdraw groundwater under section 45-515 from a well used to withdraw groundwater pursuant to another category of groundwater withdrawal permit issued under article 7 of this chapter if the location of the well complies with the rules adopted by the director under subsection A of this section and if the person has applied for and received a permit from the director pursuant to section 45-599.
A.R.S. § 45-1201 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1201
45-1201 Definitions
Status: in_force

45-1201. Definitions

In this article, unless the context otherwise requires:

1. "Dam" means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include:

(a) Any barrier that is or will be less than six feet in height, regardless of storage capacity.

(b) Any barrier that has or will have a storage capacity of fifteen acre-feet or less, regardless of height.

(c) Any barrier for the purpose of controlling liquid-borne material.

(d) Any barrier that is a release-contained barrier.

(e) Any barrier that is owned, controlled, operated, maintained or managed by the United States government or its agents or instrumentalities if a safety program that is at least as stringent as the state safety program applies and is enforced against the agent or instrumentality.

(f) Any CCR surface impoundment as defined in section 49-701 that is regulated by a permit in effect under the coal combustion residuals program established pursuant to title 49, chapter 4, article 11 and approved for CCR surface impoundment safety by the United States environmental protection agency in accordance with 42 United States Code section 6945(d)(1).

2. "Height" means the vertical distance from the lowest elevation of the outside limit of the barrier at its intersection with the natural ground surface to the spillway crest elevation.

3. "Owner" includes any person or entity that owns, controls, operates, maintains, manages or proposes to construct or modify a dam.

4. "Person" means any person, firm, association, organization, partnership, business trust, corporation, company or district.

5. "Release-contained barrier" means any artificial barrier and appurtenant works that comply with both of the following:

(a) Has a storage capacity that in the event of failure would be contained within property that the release-contained barrier owner owns, controls, operates, maintains or manages.

(b) The property on which the release would be contained is not open to the public.

6. "Storage capacity" means the maximum volume of water that can be impounded by the reservoir when there is no discharge of water.
A.R.S. § 45-201 — Arizona Code / Title 45 / Chapter 1 / Article 8 / Section 201
45-201 Construction of canals; eminent domain
Status: in_force

45-201. Construction of canals; eminent domain

An owner of arable and irrigable lands may construct public or private canals for carrying water and, when the canal necessarily runs through the lands of another, the right of way therefor through such lands may be acquired by condemnation under eminent domain.
A.R.S. § 45-605 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 605
45-605 Well inspections; cross-contamination; remedial measures; definition
Status: in_force

45-605. Well inspections; cross-contamination; remedial measures; definition

A. The director of water resources, in consultation with the director of environmental quality, may inspect wells for vertical cross-contamination of groundwater by hazardous substances and may take appropriate remedial actions to prevent or mitigate the cross-contamination at no cost to the well owner, subject to subsection D of this section. The director shall consult with and seek the voluntary compliance of affected well owners regarding well access, investigations and remedial actions. On receiving permission from the well owner or operator, the director or the director's designee may enter property owned or operated by the well owner at reasonable times under any of the following circumstances:

1. To inspect and collect samples from a well and to inspect and copy all documents or records relating to the well. If a sample is obtained pursuant to this section, the director, before leaving the property, shall give to the well owner or operator a receipt describing the sample obtained and, if requested, a portion of each sample. A copy of the results of any analysis made of these samples shall be furnished promptly to the well owner.

2. To conduct appropriate remedial actions regarding vertical cross-contamination.

B. The director shall provide notice to the director of environmental quality of the results of the inspection, including copies of the department's records and documents and the analysis of any samples taken. If it is determined that the well results in vertical cross-contamination, the director, upon receiving permission from the well owner or operator and approval from the director of the department of environmental quality, may take appropriate remedial actions, including well modification, abandonment or replacement, or provision of a replacement water supply.

C. A well owner who is not a responsible party pursuant to title 49, chapter 2, article 5 and who cooperates with the investigation and remedial activities of the director and the department of environmental quality to the extent possible and consistent with the owner's water delivery responsibilities and system operational requirements, shall receive a covenant not to sue from the director of environmental quality pursuant to section 49-282.04, subsection C.

D. Notwithstanding subsection C of this section, if the director takes a remedial action pursuant to subsection A of this section and the well owner or operator is later determined to be responsible under title 49, chapter 2, article 5 for a release or threatened release of hazardous substances that contaminated or may have contaminated the well, the well owner or operator shall reimburse the water quality assurance revolving fund established pursuant to section 49-282 for the owner or operator's proportionate share of the costs incurred in taking the action.

E. The director shall notify an applicant for a permit or a person who files a notice of intent to drill a new or replacement well if the location of the proposed well is within a sub-basin where there is a site on the registry established pursuant to section 49-287.01, subsection D. The director shall adopt rules requiring the review of notices and applications regarding new or replacement wells to identify whether a well will be located where existing or anticipated future groundwater contamination presents a risk of vertical cross-contamination by the well. The rules shall require that a new or replacement well in this type of location be designed and constructed in a manner to prevent vertical cross-contamination within an aquifer.

F. On approval from the director of environmental quality, the department of water resources may be reimbursed for any actions conducted pursuant to title 49, chapter 2, article 5.

G. The well inspection authority granted the director in this section is in addition to any other well inspection authority otherwise prescribed in this title.

H. For purposes of this section, "vertical cross-contamination" has the same meaning prescribed by section 49-281.
A.R.S. § 45-411 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 411
45-411 Initial active management areas; maps
Status: in_force

45-411. Initial active management areas; maps

A. Four initial active management areas are established on the effective date of this section. The four initial active management areas are:

1. The Tucson active management area which includes the upper Santa Cruz and Avra valley sub-basins.

2. The Phoenix active management area which includes the east Salt river valley, west Salt river valley, Fountain Hills, Carefree, lake Pleasant, Rainbow valley and Hassayampa sub-basins.

3. The Prescott active management area which includes the Little Chino and upper Agua Fria sub-basins.

4. The Pinal active management area which includes the Maricopa-Stanfield, Eloy, Aguirre valley, Santa Rosa valley and Vekol valley sub-basins.

B. The boundaries of the initial active management areas established under subsection A of this section are shown on the maps filed in the office of the secretary of state on the effective date of this chapter.

C. A true copy of the maps identifying the initial active management areas established under subsection A of this section shall be on file in the department and shall be available for examination by the public during regular business hours. A true copy of the map of each initial active management area established under subsection A of this section shall also be filed in the office of the county recorder of the county or counties in which the active management area is located.
A.R.S. § 45-172.02 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 172.02
45-172.02 Impediments to efficient irrigation; substitution of acres; definitions
Status: in_force

45-172.02. Impediments to efficient irrigation; substitution of acres; definitions

A. Notwithstanding section 45-172, a person who owns acres of land that are contiguous and that may be irrigated may permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres if the owner notifies the director that all of the following apply:

1. A limiting condition associated with the acres to be retired from irrigation substantially impedes implementing efficient irrigation practices on the irrigated acres.

2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate implementing efficient irrigation practices.

3. The substitute acres are within the same farm unit under common ownership as the irrigated acres that will not be retired.

4. If the acres to be retired are located within the exterior boundaries of an irrigation district, the substitute acres must be located within the exterior boundaries of the same irrigation district.

5. The area of land within the substitute acres that is physically capable of being irrigated at the time the notice of substitution of acres is filed does not exceed the area of land within the acres to be retired that is physically capable of being irrigated at the time the notice of substitution of acres is filed.

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. "Limiting condition" means any condition that limits the achievement of efficient irrigation on the irrigated acres, including irregularly shaped irrigated acres and poor quality soils.
A.R.S. § 45-139 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 139
45-139 Violation; classification
Status: in_force

45-139. Violation; classification

A. Unless otherwise specified, a person who knowingly violates or refuses to comply with 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 is guilty of a class 2 misdemeanor. A person who, after notice of violation, continues 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 is guilty of a separate offense for each day of violation.

B. A person who knowingly and intentionally fills or refills all or a portion of a body of water in violation of this article is guilty of:

1. A class 6 felony if the amount of water illegally used is one thousand acre-feet or more.

2. A class 1 misdemeanor if the amount of water illegally used is more than one hundred acre-feet but less than one thousand acre-feet.

3. A class 3 misdemeanor if the amount of water illegally used is one hundred acre-feet or less.
A.R.S. § 45-2114 — Arizona Code / Title 45 / Chapter 12 / Article 2 / Section 2114
45-2114 Administration
Status: in_force

45-2114. Administration

A. The director shall provide administrative, technical and legal support to the commission to the extent funding is available as prescribed by subsection B of this section and from legislative appropriations. This support may include the hiring of a contract administrator, an attorney, office support and technical support staff, who shall be employees of the department of water resources.

B. Interest may be spent by the department of water resources and the state land department for the administration of this chapter. The department of water resources and the state land department shall apply for grants from the fund for any additional monies necessary for the administration of this chapter. Any interest in excess of administration costs may be spent for the purposes prescribed in section 45-2113.

C. In addition to the expenditures from the fund authorized by section 45-2113, the commission may use five per cent of the total monies deposited in the fund during the previous calendar year to grant to the department of water resources and the state land department additional monies for administration of this chapter.
A.R.S. § 45-320 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 320
45-320 Rules
Status: in_force

45-320. Rules

The director may adopt any rules that are deemed necessary to carry out the purposes of this article. The director may adopt, by rule, lists of plumbing fixtures that satisfy the standards prescribed by this article. The director may also adopt, by rule, a list of uses for which plumbing fixtures satisfying the requirements of this article are inappropriate and may exempt such uses from further compliance with those requirements. The director may also amend this list as necessary to reflect advances in technology that allow water conserving plumbing fixtures to be employed for such uses. In adopting any rule defining the type, design or use of any plumbing fixture regulated under this article, the director shall give due consideration to the availability and affordability of the fixture and the method of its installation.
A.R.S. § 45-876.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 876.01
45-876.01 Annual report; groundwater replenishment district and replenishment district members; penalties
Status: in_force

45-876.01. Annual report; groundwater replenishment district and replenishment district members; penalties

A. Each groundwater replenishment district shall file an annual report with the director that includes:

1. The total amount of water that was stored by the 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 district during the reporting year to be credited to the master replenishment account.

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

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

5. If the reporting year was a drought year, as defined in section 48-4401, for any district member:

(a) The amount of any debit that was registered to the district's drought relief account for the reporting year, as provided in section 48-4467.

(b) Each district member's share of the debit.

(c) The ending balance of the account.

(d) The historic annual per acre surface water deliveries, as defined in section 48-4401, for the reporting year of each irrigation district and water users' association that delivered surface water for non-irrigation use on land in the district during the reporting year.

6. Each district member's replenishment obligation determined pursuant to section 48-4463.

7. Other information as the director may require.

B. The annual report shall be maintained on a calendar year basis and shall be filed no later than May 15 of each year for the preceding year, which is the reporting year.

C. In addition to the annual report required by this section and section 45-632, each groundwater replenishment district member shall file an annual report with the director that includes the information prescribed by section 48-4463, subsection A. The annual report required by this subsection shall be maintained on a calendar year basis and shall be filed with the director no later than March 31 of each year for the preceding calendar year which is the reporting year.

D. The director may assess and collect a penalty of up to one thousand dollars for each day that a report is delinquent for a groundwater replenishment district or one of its members that is required to file an annual report and that fails to file the report when due. The director shall deposit, pursuant to sections 35-146 and 35-147, all penalties collected pursuant to this section in the state general fund.
A.R.S. § 45-542 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 542
45-542 Transportation between sub-basins or away from an active management area; irrigation grandfathered right; type 1 non-irrigation grandfathered right
Status: in_force

45-542. Transportation between sub-basins or away from an active management area; irrigation grandfathered right; type 1 non-irrigation grandfathered right

A. Groundwater which is withdrawn pursuant to an irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area, subject to the limitations on location of use in section 45-472.

B. Groundwater which is withdrawn pursuant to a type 1 non-irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area, subject to the limitations on location of use in section 45-473, except that groundwater withdrawn pursuant to a type 1 non-irrigation grandfathered right may be transported away from an initial active management area only pursuant to any of the following:

1. A type 1 non-irrigation grandfathered right acquired under section 45-463 and appurtenant to land in the Tucson active management area, if the groundwater is used for the extraction or processing of minerals in an adjacent active management area or groundwater basin.

2. Section 45-469, subsection I.

C. Transportations of groundwater pursuant to this section are not subject to payment of damages if the amount transported does not exceed three acre-feet per acre per year withdrawn from retired irrigated land. Transportations of groundwater pursuant to an irrigation grandfathered right in excess of three acre-feet per acre per year withdrawn from retired irrigated land are subject to payment of damages.
A.R.S. § 45-108.01 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 108.01
45-108.01 Application for water report or designation of adequate water supply; notice; objections; hearing; appeals
Status: in_force

45-108.01. Application for water report or designation of adequate water supply; notice; objections; hearing; appeals

A. On receipt of an application for a water report or an application by a city, town or private water company to be designated as having an adequate water supply under section 45-108, if the proposed use is in a county that has adopted the provision authorized by section 11-823, subsection A or in a city or town that has enacted an ordinance pursuant to section 9-463.01, subsection O, the director shall publish notice of the application once each week for two consecutive weeks in a newspaper of general circulation in the groundwater basin in which the applicant proposes to use water.  The first publication shall occur within fifteen days after the application is determined or deemed to be administratively complete.  If the application is substantially modified after notice of the application is given pursuant to this subsection, the director shall give notice of the application as modified in the manner prescribed by this subsection.  The first publication of any subsequent notice shall occur within fifteen days after the modified application is determined or deemed to be administratively complete.

B. Notice pursuant to subsection A of this section shall state that written objections to the application may be filed with the director by residents and landowners within the groundwater basin within fifteen days after the last publication of notice.  An objection shall state the name and mailing address of the objector and be signed by the objector, the objector's agent or the objector's attorney.  The grounds for objection are limited to whether the application meets the criteria for determining an adequate water supply set forth in section 45-108, subsection I.  The objection shall clearly set forth reasons why the application does not meet the criteria.

C. In appropriate cases, including cases in which a proper written objection to the application has been filed, an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary.  Thirty days before the date of the hearing, the director shall give notice of the hearing to the applicant and to any person who filed a proper written objection to the application.  The hearing shall be scheduled for at least sixty days but not more than ninety days after the expiration of the time in which to file objections.

D. If the application is for a water report:

1. If the director determines that an adequate water supply exists for the proposed use, the director shall issue a water report stating that the water supply for the subdivision is adequate.

2. If the director determines that an adequate water supply does not exist, the director shall issue a water report stating that the water supply for the subdivision is inadequate.

E. If the application is for a designation of adequate water supply:

1. If the director determines that an adequate water supply exists for the proposed use, the director shall approve the application.

2. If the director determines that an adequate water supply does not exist, the director shall deny the application.

F. The applicant or a person who contested the application by filing a proper objection pursuant to subsection B of this section may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court.

G. Section 45-114, subsections A and B govern administrative proceedings, rehearings or reviews and judicial reviews of final decisions of the director under this section.  If an administrative hearing is held, it shall be conducted in the groundwater basin in which the use is located.
A.R.S. § 45-312 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 312
45-312 Prohibited plumbing fixtures; residential construction
Status: in_force

45-312. Prohibited plumbing fixtures; residential construction

Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any plumbing fixture for use in this state in any new residential construction or for replacing plumbing fixtures in existing residential construction, unless the fixtures meet the following water saving performance standards:

1. Lavatory faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.

2. Kitchen faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.

3. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.

4. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.

5. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.

6. Evaporative cooling systems and decorative fountains shall be equipped with water recycling or reuse systems.
A.R.S. § 45-205 — Arizona Code / Title 45 / Chapter 1 / Article 8 / Section 205
45-205 Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability
Status: in_force

45-205. Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability

A. When a person owning or controlling a canal, flume or other means for carrying water permits them, or the head gates at the dam or other appliances for securing the water at the head, to become disrepaired or reduced in capacity to an extent that they will not carry the amount of water contracted to be delivered to the users thereof, and does not within a reasonable time repair, clean or restore the canal, flume or other means of carrying the water, the users may, after six days' notice in writing to the owner or person in control thereof, enter in and upon the canal, flume or other means, and make repairs, clean or restore any thereof.

B. The cost of repairs, cleaning or restoration shall be a lien on the canal, flume or other carrying means, enforceable as liens upon real property. Within thirty days after completion of the repairs, cleaning or restoration, a verified notice of the lien claimed, stating the expenditures actually made, itemizing the amounts expended and the purpose for which each was expended and stating the facts upon which the lien is claimed, shall be filed in the office of the county recorder of the county in which the work was done, and recorded in a book kept by him for that purpose.

C. When any lien established by this section has been satisfied, the lienholder shall, within thirty days after satisfaction, issue a release of the lien to the person against whom the lien was claimed. Such release shall be a recordable document. Failure to grant such a release shall subject the lienholder to liability in the amount of one thousand dollars and also to liability for actual damages.
A.R.S. § 45-482 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 482
45-482 Registry of certificates of grandfathered right; reporting; definition
Status: in_force

45-482. Registry of certificates of grandfathered right; reporting; definition

A. The director shall establish and maintain a registry of certificates of grandfathered rights for each active management area. The registry shall include a copy of each certificate of grandfathered right in the active management area and such other pertinent information as the director determines is necessary.

B. Except as provided in subsection D of this section, a person to whom a certificate of grandfathered right is issued shall notify the director of a change in name or mailing address or a conveyance of the grandfathered right pursuant to sections 45-472 through 45-474. Except as provided in subsection D of this section, a person to whom a grandfathered right is conveyed shall notify the director of the conveyance and shall furnish information as required by the director to keep the registry current and accurate. The director shall have continuing jurisdiction and shall issue revised certificates as necessary.

C. The director may require holders of certificates of grandfathered rights to file additional information with the annual report required by section 45-632 as necessary to keep the registry current and accurate. For purposes of this article, "holder" means a person to whom a certificate of grandfathered right is issued or a person to whom a grandfathered right is conveyed.

D. A holder of a certificate of irrigation grandfathered right is exempt from a notification requirement in subsection B of this section for the irrigation grandfathered right if the irrigation grandfathered right was appurtenant to ten or fewer irrigation acres at the time of the event for which the notification is required unless one of the following applies:

1. The land to which the irrigation grandfathered right is appurtenant is part of an integrated farming operation.

2. Groundwater is withdrawn from the land to which the irrigation grandfathered right is appurtenant and delivered for use pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45-563.02.

3. Groundwater is withdrawn from land that is both owned by the holder of the certificate of irrigation grandfathered right and contiguous to the land to which the irrigation grandfathered right is appurtenant and delivered for use pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45-563.02.
A.R.S. § 45-478 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 478
45-478 Notice of requirement to apply for certificate of grandfathered right
Status: in_force

45-478. Notice of requirement to apply for certificate of grandfathered right

A. Within ninety days of the date of the designation of an active management area, the director shall give notice of the requirement to apply for a certificate of grandfathered right to the clerk of the board of supervisors of the county or counties in which the active management area is located and to the mayor of each city or town, to each private water company and to the presiding officer of each political subdivision established pursuant to title 48, chapter 17, 18, 19 or 20 located in the active management area.

B. The director shall mail by January 1, following the date of the designation of the active management area, a copy of a written notice of the requirement to apply for a certificate of grandfathered right to each owner of real property within the active management area listed on the tax rolls of the county, except owners of real property located in vacant subdivisions or located within the service areas of cities, towns and private water companies, along with a declaration that it is the duty of the recipient to forward the notice to the beneficial owner of the property. The notice shall include a statement that a person who fails to apply for a certificate of grandfathered right within an active management area waives and relinquishes any right to withdraw or receive and use groundwater pursuant to a grandfathered right.

C. The director shall also notify owners of real property located within service areas of cities, towns and private water companies and irrigation districts who utilize their own well, according to the registration of the well pursuant to article 10 of this chapter. The director may extend for a reasonable time the deadline for applications under this subsection.

D. The director may also give written notice in any other manner which will carry out the purposes of this section.

E. The provisions of this section shall not apply to the Santa Cruz active management area.
A.R.S. § 45-2425 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2425
45-2425 Arizona water banking fund
Status: in_force

45-2425. Arizona water banking fund

A. The Arizona water banking fund is established and shall include subaccounts based on funding sources.  The authority shall administer the banking fund in accordance with this chapter.

B. The banking fund consists of all of the following:

1. Monies appropriated from the state general fund by the legislature for water banking purposes other than replenishment under chapter 15, article 3 of this title.

2. Monies appropriated from the state general fund by the legislature for replenishment under chapter 15, article 3 of this title.

3. Reimbursement for the distribution of long-term storage credits, collected by the authority in accordance with section 45-2457, subsection B, paragraph 2.

4. Monies paid to the authority by the recipients of in lieu water at a groundwater savings facility, in accordance with section 45-2455, subsection C.

5. Monies collected in accordance with section 45-611, subsection C, paragraph 3.

6. Monies deposited in the banking fund in accordance with section 48-3715.03, subsection B.

7. Monies paid to the authority by agencies that have entered into interstate water banking agreements with the authority in accordance with section 45-2471.  All monies received through an interstate water banking agreement with the state of Nevada that are not used to purchase or store water or otherwise fulfill contractual obligations with the state of Nevada are subject to legislative appropriation.

8. Monies paid to the authority by persons and Indian communities in this state that have entered into water banking services agreements with the authority in accordance with section 45-2458.

9. Monies deposited in the fund in accordance with section 45-615.01, subsection G.

C. In addition to the monies prescribed in this section, the authority may accept any gifts, grants or donations and deposit those monies in the banking fund.

D. Monies in the banking fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the authority, 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 banking fund.  The authority may invest the monies paid to the authority in accordance with section 45-2471 with the state treasurer pursuant to section 35-326.

E. The authority may use the banking fund to pay all reasonable expenses incurred in carrying out its duties and responsibilities in accordance with this chapter.

F. The authority shall establish a reserve subaccount in the fund for the deposit of monies to be used for the purposes of article 5 of this chapter.
A.R.S. § 45-2624 — Arizona Code / Title 45 / Chapter 15 / Article 3 / Section 2624
45-2624 Southside replenishment bank; credits
Status: in_force

45-2624. Southside replenishment bank; credits

A. The southside replenishment bank is established as a separate bank in the records of the authority.  The authority shall establish an account in the southside replenishment bank for the community.

B. Beginning with the first calendar year in which this section becomes effective, the authority shall annually deliver to the community in the manner provided in subsection D of this section, and at no cost to the community, not less than one thousand acre-feet of water acquired by the authority under chapter 14 of this title until the community's account has a credit balance of fifteen thousand acre-feet.  The authority shall register one credit to the community's account for each acre-foot of water delivered to the community under this subsection.

C. If any debit registered to the southside replenishment bank under section 45-2623, subsection C, paragraph 4 causes the community’s account to have a credit balance of less than five thousand acre-feet, the authority shall deliver water to the community in the manner provided in subsection D of this section in an amount sufficient to bring the balance up to at least five thousand acre-feet by the end of the calendar year.

D. The authority shall enter into an intergovernmental agreement with the community pursuant to title 11, chapter 7, article 3, which shall describe in detail the procedures for the delivery of water to the community under this section, including the method by which the community will schedule and order water that the authority is required to deliver to the community under subsections B and C of this section.  The procedures shall not require the authority to deliver in any month more than eleven per cent of the water required to be delivered during a year under subsection B of this section.
A.R.S. § 45-253 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 253
45-253 Service of summons; statement of claimant form; record
Status: in_force

45-253. Service of summons; statement of claimant form; record

A. Personal service of the summons and petition shall not be required. The court shall order that:

1. The clerk of the court issue the summons which shall specify the date by which the statement of claimant must be filed, generally describe the nature of the general adjudication and set forth such other information as may be necessary or desirable in the circumstances. The form of the summons shall be approved by the court.

2. The clerk of the court deliver the summons to the director who shall make such copies and prepare such documents as may be necessary to effect service. The director shall assist the court in determining the scope of adjudication by recommending the portions of the river, its tributaries and any other relevant sources subject to the adjudication and in development of a statement of claimant form which shall include such duplicates as may be necessary. Upon identifying the potential claimants pursuant to section 45-256, subsection A, paragraph 1, the director shall effect service on all known potential claimants by mailing a copy of the summons by registered or certified mail, return receipt requested, to such known potential claimants.

3. When the superior court determines that the services of a master or masters appointed pursuant to section 45-255 are no longer necessary and enters an order terminating the appointment the clerk of the court shall reimburse the director from the fund of fees paid by the claimants pursuant to section 45-254 for funds expended by the director in effecting service of process and any subsequent notices to claimants. Reimbursement shall only be from monies remaining in the fund after payment of the costs and expenses attributable to the appointment of a master or masters in accordance with section 45-255, subsection B.

B. At the time of commencement of mailing of service of process on known potential claimants, the director shall effect service on all unknown potential claimants by publication of the summons at least once a week for four consecutive weeks in a newspaper published in each of the counties within which interests in and to the use of water may be affected by the general adjudication.

C. The director shall publicize the general adjudication through the electronic media and in general circulation newspapers.

D. The court shall direct the director:

1. To return the original summons to the clerk of the court with an endorsement of the dates on which mailing and publication were completed.

2. To maintain a true and accurate record of the names and addresses of all persons who have in fact been served by registered mail, return receipt requested. Any such record, together with all supporting documents, shall constitute the records of the court which shall be subject as such to the supervision and control of the court.
A.R.S. § 45-174 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 174
45-174 Using bed of stream as carrier of reservoir waters
Status: in_force

45-174. Using bed of stream as carrier of reservoir waters

When the owner of a reservoir desires to use the bed of a stream or other watercourse for the purpose of carrying water from the reservoir to the consumer, he shall in writing notify the water superintendent of the district in which the water is to be used, giving the date when it is desired to discharge water from the reservoir, its volume, and the names of all persons and ditches entitled to its use. The superintendent shall supervise the opening of the reservoir gates and close or adjust the head gates of all ditches from the watercourse not entitled to the use of the stored water so that persons having the right will receive the water to which they are entitled.
A.R.S. § 45-1502 — Arizona Code / Title 45 / Chapter 8 / Article 6 / Section 1502
45-1502 Powers
Status: in_force

45-1502. Powers

The director may:

1. Cooperate and coordinate with the federal government or any of its departments or agencies and local entities to establish a flood warning system for this state.

2. Disburse monies from the flood warning system fund pursuant to section 45-1504.

3. Provide technical assistance to local entities to develop and maintain a flood warning system for this state.

4. Employ staff to provide technical assistance.

5. Enter into intergovernmental agreements for the purposes stated in this article.
A.R.S. § 45-319 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 319
45-319 Exception; preemption
Status: in_force

45-319. Exception; preemption

A. The requirements of this article do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler, retailer or end user and that is actually located in this state before January 1, 1994.

B. An ordinance adopted by a county, city or town relating to water conserving low-flow plumbing fixtures is not preempted by this article to the extent that the ordinance sets forth requirements that are at least as restrictive as the requirements of this article or regulates fixtures that are not specified in this article, but any such ordinance is preempted to the extent that its requirements are less restrictive than the requirements of this article.
A.R.S. § 45-575 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 575
45-575 Administrative review of irrigation water duty and conservation requirements
Status: in_force

45-575. Administrative review of irrigation water duty and conservation requirements

A. Any aggrieved party may request an administrative review of an irrigation water duty or conservation requirement established pursuant to section 45-565, 45-566, 45-566.01, 45-567, 45-567.01, 45-568 or 45-568.01. Except as provided in subsection B of this section, the request must be made not later than ninety days from the date of notice of such duty or requirement given thirty days after the adoption of the management plan or if the notice was given pursuant to section 45-566.01, subsection E or 45-571.02, subsection B, not later than ninety days from the date of the notice.

B. An aggrieved person who claims that extraordinary circumstances not in existence as of the date of notice that was given thirty days after adoption of the management plan justify modification of an irrigation water duty or conservation requirement established pursuant to section 45-565, 45-566, 45-566.01, 45-567, 45-567.01, 45-568 or 45-568.01 may request administrative review of the water duty or conservation requirement more than ninety days from the date of notice of the water duty or conservation requirement.  The director may modify the water duty or conservation requirement if the aggrieved person demonstrates to the director by clear and convincing evidence that extraordinary circumstances not in existence as of the date of the notice that was given thirty days after adoption of the management plan make it unreasonable to require compliance with a water duty or conservation requirement.

C. The director shall give written notice to the aggrieved party who is requesting an administrative review of the opportunity for an administrative hearing.  An administrative hearing shall be held before the director's decision on the application if the director deems a hearing necessary or a hearing is requested by the applicant.

D. A party aggrieved by the director's decision may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court in the county in which the irrigated land or the non-irrigation use is located.

E. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.
A.R.S. § 45-1903 — Arizona Code / Title 45 / Chapter 11 / Article 1 / Section 1903
45-1903 Contest of formation; appeal
Status: in_force

45-1903. Contest of formation; appeal

Any aggrieved person or entity may contest the formation of an authority under this chapter by filing an action in superior court in the county in which the authority is established within thirty days after the board assumes office under section 45-1921. If more than one such contest is pending, they shall be consolidated for trial. The court shall try the contest without delay and shall determine whether the authority was properly organized and whether the board was properly appointed in substantial compliance with this article and shall enter judgment accordingly. If an action is not filed within thirty days under this section, the formation of the authority is presumed to be lawful and conclusive against all persons.
A.R.S. § 45-1905 — Arizona Code / Title 45 / Chapter 11 / Article 1 / Section 1905
45-1905 Dissolution of authority
Status: in_force

45-1905. Dissolution of authority

A majority of the board may propose that the authority be dissolved, but only if all contractual obligations and debts of the authority are satisfied and another governmental entity or entities accept dedication of all authority projects. After a hearing, the board shall adopt by resolution a plan of termination to be executed within a stated period of time after it is adopted. All property of the authority that is not dedicated to another governmental entity shall be transferred to the board of supervisors of the county in which the authority is established for use in that county. All unexpended and unencumbered monies of the authority shall be transmitted to the state treasurer for deposit in the fund account established for the active management area pursuant to section 45-615.
A.R.S. § 45-1607 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1607
45-1607 Violations; classification
Status: in_force

45-1607. Violations; classification

Any person conducting weather control or cloud modification operations without first having procured a license as provided by this article, or who knowingly makes a false statement in the application for license, or who knowingly fails to file any report or evaluation required by this article, or who conducts any weather control or cloud modification operation after revocation of his or its license, or who violates any other provision of this article, is guilty of a class 3 misdemeanor.
A.R.S. § 45-578 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 578
45-578 Notice; objections; hearing; issuance of certificate; appeals
Status: in_force

45-578. Notice; objections; hearing; issuance of certificate; appeals

A. The director shall give notice of the application for a certificate of assured water supply once each week for two consecutive weeks in a newspaper of general circulation in the active management area in which the applicant proposes to use water. The first publication shall occur within fifteen days after the application is determined complete and correct or at any earlier time as the applicant may request after the application is determined complete. If the application is substantially modified after notice of the application is given pursuant to this subsection, the director shall give notice of the application as modified in the manner prescribed by this subsection. The first publication of any subsequent notice shall occur within fifteen days after the modified application is determined complete and correct or at any earlier time as the applicant may request after the modified application is determined complete.

B. Notice pursuant to subsection A of this section shall state that objections to the issuance of the certificate may be filed by residents of the active management area, in writing, with the director within fifteen days after the last publication of notice. An objection shall state the name and mailing address of the objector, be signed by the objector, the objector's agent or the objector's attorney and clearly set forth reasons why the certificate should not be issued. The grounds for objection are limited to whether the certificate application meets the criteria for determining an assured water supply set forth in section 45-576, subsection I.

C. In appropriate cases, including cases where a proper written objection to the certificate application has been filed, an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary. The director, thirty days prior to the date of the hearing, shall give notice of the hearing to the applicant and to any person who filed a proper written objection to the issuance of the certificate. The hearing shall be scheduled for not less than sixty days nor more than ninety days after the expiration of the time in which to file objections.

D. Upon finding that an assured water supply exists for the proposed use, the director shall issue a certificate of assured water supply to the applicant. Upon finding that an assured water supply does not exist, the director shall deny the application and return it to the applicant.

E. An aggrieved party or a person who contested a certificate by filing a proper objection pursuant to subsection B of this section may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court.

F. If the application for a certificate of assured water supply is for land that has qualified as a member land under title 48, chapter 22, the director shall notify the conservation district when a certificate of assured water supply is issued and shall report the total projected average annual replenishment obligation at build-out for each plat under the certificate. On or before January 1, 2005, the director shall provide a written report to the conservation district indicating the total projected average annual replenishment obligation at build-out for each plat under certificates of assured water supply issued for land that qualified as member land under title 48, chapter 22 before January 1, 2004.

G. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.
A.R.S. § 45-633 — Arizona Code / Title 45 / Chapter 2 / Article 12 / Section 633
45-633 Inspections, investigations and audits
Status: in_force

45-633. Inspections, investigations and audits

A. The director or the director's authorized representative may enter at reasonable times upon private or public property where a well, including a well under construction or a well not used to withdraw groundwater or another facility for the withdrawal, transportation or use of groundwater is located and the owner, manager or occupant of the property shall permit such entry to:

1. Inspect a well, including a well under construction or a well not used to withdraw groundwater, or another facility for the withdrawal, transportation or use of groundwater that is subject to this chapter.

2. Obtain factual data or access to records required to be kept under section 45-632.

3. Ascertain compliance with this chapter.

B. Inspections and investigations under subsection A of this section shall be upon reasonable notice to the owner, manager or occupant of the property unless reasonable grounds exist to believe that such notice would frustrate the enforcement of this chapter or where entry is sought for the sole purpose of inspecting water measuring devices required pursuant to section 45-604. The director shall adopt rules for conducting inspections, examining records and obtaining warrants pursuant to this section. The director may apply for and obtain warrants. If warrants are required by law, the director shall apply for and obtain warrants for entry and inspection to carry out the administrative and enforcement purposes of this chapter.

C. The director may require a person who is required to keep records under section 45-632 to appear, at reasonable times and upon reasonable notice, at the director's office and produce such records and information as are specified in the notice to determine whether the records and annual reports required by section 45-632 are complete, true and correct. The director shall audit the records of a sufficient number of persons under this subsection to ensure general compliance with this chapter.

D. The director shall provide a written report of each inspection, investigation and audit under this section to the person subject to such action.
A.R.S. § 45-119 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 119
45-119 Colorado River litigation fund
Status: in_force

45-119. Colorado River litigation fund

A. The Colorado River litigation fund is established consisting of legislative appropriations. The department shall administer the fund.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies in the fund shall be used by the department for the sole purpose of initiating, defending or participating in litigation related to this state's apportionment of Colorado River water or any other rights of this state regarding Colorado River water under the Colorado River compact of 1922, Boulder Canyon project act of 1928, Colorado River decree of 1964, Colorado River basin project act of 1968 or any other federal law that affects this state's apportionment of Colorado river water or the right to divert water controlled by the United States or to exercise this state's entitlement to water.

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. Notwithstanding subsection B of this section, monies in the fund may not be used by the department for the purpose of initiating litigation against any entity that holds an entitlement to this state's apportionment of Colorado River water.
A.R.S. § 45-2491 — Arizona Code / Title 45 / Chapter 14 / Article 5 / Section 2491
45-2491 State commitments to firm Indian settlement water
Status: in_force

45-2491. State commitments to firm Indian settlement water

A. The authority shall act as agent for this state in meeting this state's obligation to deliver water in times of shortage pursuant to Public Law 108-451, fulfilling the requirements of sections 105, 207(c)(I)(ii) and 302(b)(8), and the Indian firming measures established pursuant to this article.  In carrying out this obligation the authority may:

1. Store water at permitted recharge facilities for the purpose of Indian firming.

2. Purchase long-term storage credits for the purpose of Indian firming using the funding sources identified in subsection B of this section but only after the authority has stored or scheduled for storage all available excess central Arizona project water or when central Arizona project water is otherwise unavailable or undeliverable.

3. Enter into contracts or agreements with the United States and Indian communities for storage, recovery or direct delivery of water for Indian firming.

4. Enter into leasing agreements with one or more Indian communities in partnership with other entities for non-Indian agricultural priority or Indian priority central Arizona project water.

5. Enter into contracts for the use of water sources including Colorado river water, surface water other than Colorado river water and effluent.

6. Enter into contracts with eligible entities for the use of imported groundwater from allowable groundwater basins pursuant to sections 45-552, 45-553 and 45-554 for the purposes of Indian firming.

7. Enter into agreements with a multi-county water conservation district established pursuant to title 48, chapter 22 for delivery of water to Indian communities.

8. Subject to periodic review of progress toward meeting this state’s Indian firming obligation, allow for the use of existing long-term storage credits developed from withdrawal fees collected pursuant to section 45-611, subsection C, paragraph 3.

9. Transfer long-term storage credits to a multi-county water conservation district established pursuant to title 48, chapter 22 for recovery and subsequent delivery to Indian communities in times of shortage.

10. Enter into agreements for the recovery of long-term storage credits for purposes of Indian firming.

B. Indian firming measures established pursuant to this article shall include funding from the following sources:

1. Legislative appropriations provided for Indian firming on an annual basis to carry out Indian firming measures.

2. To the extent necessary to carry out Indian firming measures after expenditure of legislative appropriations, the authority may use withdrawal fees collected from the Phoenix, Pinal and Tucson active management area water management accounts.
A.R.S. § 45-476 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 476
45-476 Application for certificate of grandfathered right
Status: in_force

45-476. Application for certificate of grandfathered right

A. Except as provided in section 45-476.01, a person claiming the right to withdraw or receive and use groundwater pursuant to a grandfathered right shall file an application for a certificate of grandfathered right with the department not later than fifteen months after the date of the designation of the active management area on a form provided by the department.

B. The application for a certificate of grandfathered right not based upon prior proceedings on a certificate of exemption shall include the following:

1. The name and mailing address of the applicant.

2. The name of the active management area within which the withdrawal of groundwater pursuant to the claimed grandfathered right is being or has been made.

3. If the application is for a type 1 non-irrigation grandfathered right:

(a) The legal description and a map of the retired irrigated land in respect of which the right is claimed.

(b) The date when the irrigated land was retired.

(c) Such evidence as the director shall require that the retired irrigated land has been held under the same ownership since it was retired and that a development plan for the proposed non-irrigation use existed at the time the land was retired.

(d) If in a subsequent active management area, the amount of groundwater used per acre for the retired irrigated land each year during the five years preceding the time the land was retired.

(e) Whether the well from which the water will be withdrawn is located in a groundwater replenishment district.

4. If the application is for a type 2 non-irrigation grandfathered right:

(a) The maximum amount of groundwater legally withdrawn from land owned by the applicant and used in any one year during the five years preceding the date of the designation of the active management area.

(b) If the person withdrawing groundwater from the land owned by the applicant has made an application for a type 1 non-irrigation grandfathered right, a copy of the application.

5. If the application is for an irrigation grandfathered right:

(a) The legal description and a map of all land owned by the applicant which was legally irrigated at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the designation of the active management area for subsequent active management areas and the highest number of acres legally irrigated with groundwater at one time in any one year during the five-year period.

(b) The type of crops grown on such land and the cropping patterns used during the five-year period.

(c) The irrigation methods and devices currently being used in the irrigation of such land.

6. The location of each well from which groundwater is being or has been withdrawn by the applicant to irrigate such land.

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

8. Any other information the director may require.

C. A person or his successor claiming the right to use groundwater pursuant to a grandfathered right, described in whole or in part by a certificate of exemption, shall file an application for a certificate of grandfathered right as provided in subsection D of this section and shall automatically be entitled to a certificate or certificates of grandfathered right for the portion of the grandfathered right claimed which is evidenced by the certificate of exemption or established by the proceedings on the certificate of exemption. Notice of the application is not required and hearings shall not be held. If the applicant claims grandfathered rights in addition to the amount of use described in the certificate of exemption, application for such additional amount shall be made pursuant to subsection B of this section, and such application is subject to the notice, objection and hearing provisions applicable to applications made pursuant to that subsection.

D. The application for a certificate of grandfathered right based upon prior proceedings upon an application for a certificate of exemption shall include the following:

1. The name and mailing address of the applicant.

2. The name of the active management area within which the withdrawal of groundwater pursuant to the claimed grandfathered right is being or has been made.

3. The total amount of groundwater to be withdrawn annually under the certificate of exemption.

4. The number of retired irrigated acres described in the application for a certificate of exemption.

5. Such evidence as the director shall require that the retired irrigated land has been held under the same ownership since it was retired.

6. The number of the certificate of exemption and a copy of the certificate of exemption.

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

8. Any other information the director may require.
A.R.S. § 45-108.05 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 108.05
45-108.05 Water supply definitions
Status: in_force

45-108.05. Water supply definitions

The director shall post and maintain on the department’s website definitions of the following subdivision water supply terms that apply to areas outside of active management areas:

1. Adequate water supply.

2. Inadequate water supply.

3. Property served by a water provider currently designated as having an adequate water supply.

4. No water supply determination, which shall apply to properties that were subdivided prior to May 1, 1973 and for which there have been no plat changes after that date, properties that are exempt from the requirements of section 45-108 and properties that have not received a determination of adequate water supply or inadequate water supply and that are not served by a water provider currently designated as having an adequate water supply.
A.R.S. § 45-815.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 2 / Section 815.01
45-815.01 Facilities not qualifying as storage facilities
Status: in_force

45-815.01. Facilities not qualifying as storage facilities

The following shall not be permitted as underground storage facilities:

1. A body of water, as defined by section 45-131, unless it has been designed, constructed or altered so that water storage is a principal purpose of the body of water.

2. Aqueducts, irrigation canals and other man-made water conveyance systems.

3. Water that incidentally recharges an aquifer during the course of its use for agricultural, municipal, mining or industrial purposes.
A.R.S. § 45-576.05 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.05
45-576.05 Alternative method for determining consistency with the management goal in a groundwater replenishment district; terminating designation
Status: in_force

45-576.05. Alternative method for determining consistency with the management goal in a groundwater replenishment district; terminating designation

A. If at any time after January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan under section 45-576.02, subsection A, paragraph 1 the director determines that one or more of the conditions prescribed in section 45-576.01, subsection A, paragraphs 2 and 3 are not met and for as long as the condition or conditions are not met, the director shall consider only the groundwater replenishment district member's projected supplies of surface water, effluent or groundwater withdrawn outside the active management area in which the district member is located and the amount in a long-term storage account established pursuant to section 45-852.01 in making a determination of whether the district member's projected water use is consistent with the management goal of the active management area under section 45-576.

B. If a groundwater replenishment district member is a municipal provider that was designated as having an assured water supply, and the director determines that one or more of the conditions prescribed by section 45-576.01, subsection A, paragraphs 2 and 3 are no longer met, and until the director again determines that all of those conditions are met, the designation terminates unless the district member reapplies for and the director grants a redesignation pursuant to this subsection. In considering whether to redesignate the district member, the director shall only consider the following in determining whether the district member's projected water use is consistent with the management goal of the active management area pursuant to section 45-576:

1. The district member's projected supplies of:

(a) Surface water.

(b) Effluent.

(c) Groundwater withdrawn outside the active management area in which the district member is located.

2. The district member's projected supply of groundwater withdrawn in the active management area in which the district member is located up to an amount equal to one hundred times the largest amount of groundwater withdrawn in the active management area by the district member for its customers' use in any calendar year in the five calendar years immediately preceding the year in which the director determines that one of the conditions prescribed by section 45-576, subsection A, paragraphs 2 and 3 is no longer met.

3. The amount in a district member's long-term storage account established pursuant to chapter 3.1 of this title.
A.R.S. § 45-859.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 859.01
45-859.01 Conservation district account; replenishment reserve subaccount; debits and credits
Status: in_force

45-859.01. Conservation district account; replenishment reserve subaccount; debits and credits

A. The director shall establish a long-term storage account and a conservation district account for each active management area in which a member land or member service area is or may be located.  The director shall establish a replenishment reserve subaccount within the long-term storage account for each active management area in which a member land or member service area is or may be located.

B. For each reporting year, the groundwater replenishment obligation as defined in section 48-3701 for each active management area shall be debited from the conservation district account for that active management area.

C. For each reporting year, the contract replenishment obligation as defined in section 48-3701 for each active management area shall be debited from the conservation district account for that active management area.

D. On application by a conservation district to the director, credits in the conservation district's long-term storage account for an active management area, including credits earned through the use of excess capacity of each project permitted under article 6 of this chapter, shall be transferred and credited to its conservation district account for the same active management area.

E. After January 1, 2030 or earlier, on approval of the director of water resources pursuant to subsection K of this section, on application by a conservation district to the director, credits in the conservation district's replenishment reserve subaccount for an active management area shall be transferred and credited to its conservation district account for the same active management area, except that any such transfer that would cause the balance in the replenishment reserve subaccount for an active management area to fall below twenty-five per cent of the reserve target for that active management area shall be subject to the approval of the director.

F. Except as provided in subsection E of this section, credits in a replenishment reserve subaccount may be assigned or transferred out of the replenishment reserve subaccount only on application by the conservation district to the director and only if the director determines that the assignment or transfer is warranted due to a reduction in the reserve target as defined in section 48-3701.  If credits in a replenishment reserve subaccount are assigned or transferred to any account other than a conservation district account, then five per cent of the assigned or transferred credits shall be permanently extinguished.

G. For each reporting year, the director shall credit the conservation district's conservation district account by the amount of water stored by the conservation district during the reporting year, if the conservation district has requested the director to credit the stored water directly to its conservation district account and the stored water would otherwise be eligible for credits in a long-term storage account.

H. For each reporting year, the director shall credit the conservation district's replenishment reserve subaccount for each active management area by the amount of long-term storage credits developed by the conservation district in that active management area during the reporting year for that purpose.

I. By October 31 of each year, the director shall determine whether the conservation district has completed the groundwater replenishment obligation for each active management area as prescribed by section 48-3771.

J. Credits in a conservation district account may not be assigned or transferred out of the conservation district account.

K. A conservation district may apply to the director to transfer credits in the conservation district's replenishment reserve subaccount for an active management area to its conservation district account for the same active management area earlier than January 1, 2030.  The application shall specify the reason for the request, state the amount of credits sought to be transferred and include a plan for replacing the credits in the replenishment reserve subaccount.  The director shall approve the application if the director determines that both of the following apply:

1. The conservation district has demonstrated good cause for the transfer.

2. The conservation district's plan for replacing the transferred credits is adequate.
A.R.S. § 45-1975 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1975
45-1975 Receipt of monies; disbursements; operation of accounting system
Status: in_force

45-1975. Receipt of monies; disbursements; operation of accounting system

A. Monies due to the authority under agreements for the sale of water or other services, proceeds of revenue bond issues or any other obligation may be made payable at the office of the authority. All monies derived from operations of the authority and received by any officer, agent or employee of the authority shall be promptly remitted to the secretary-treasurer.

B. All operation monies of the authority shall be paid out only according to the regularly adopted operation budget of the authority on warrants in discharge of claims and obligations approved by the board, signed by the chairman of the board and countersigned by the executive director or other duly authorized officer of the authority.

C. The appropriate claim vouchers shall be regularly entered in the accounting system of the authority and preserved for auditing purposes.
A.R.S. § 45-1471 — Arizona Code / Title 45 / Chapter 8 / Article 4 / Section 1471
45-1471 Alternative flood control assistance to flood control districts
Status: in_force

45-1471. Alternative flood control assistance to flood control districts

A. Any flood control district organized pursuant to title 48, chapter 21 may, subject to available appropriations, qualify for assistance from this state for any flood control project defined by section 45-1441, paragraph 3, subdivision (b) if such project is being developed pursuant to a plan developed pursuant to section 48-3617.

B. Assistance granted pursuant to this article shall be administered by the director of water resources and shall not exceed for any single flood control project an amount equal to fifty per cent of the total cost of the flood control project or five million dollars, whichever amount is less.
A.R.S. § 45-473.01 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 473.01
45-473.01 Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473
Status: in_force

45-473.01. Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473

A person to whom an irrigation grandfathered right is conveyed for a non-irrigation use after the effective date of this section pursuant to section 45-472 or a person to whom a type 1 non-irrigation grandfathered right is conveyed after the effective date of this section pursuant to section 45-473 shall use the groundwater withdrawn pursuant to the right on the land to which the right is appurtenant or on any other land in the same active management area.
A.R.S. § 45-293 — Arizona Code / Title 45 / Chapter 1 / Article 11 / Section 293
45-293 Compliance monitoring, reports and notices; jurisdiction
Status: in_force

45-293. Compliance monitoring, reports and notices; jurisdiction

A. The director shall monitor compliance with the terms and conditions prescribed for transporting and using the water out of this state and shall revoke his approval for any material violation of the prescribed terms and conditions.

B. A person transporting water under this article shall provide:

1. Written continuing consent for the director or the director's agent to perform on-site inspections of the transportation facilities and the use of the water.

2. Written periodic reports as required by the director.

3. Written notification of any changes in use of water transported from this state.

C. By applying for approval to transport water from this state under this article, a person submits to the jurisdiction of this state for that purpose and shall comply with all relevant provisions of the law of this state.
A.R.S. § 45-1042 — Arizona Code / Title 45 / Chapter 4 / Article 3 / Section 1042
45-1042 Application for water exchange permit; notice; objections; hearing
Status: in_force

45-1042. Application for water exchange permit; notice; objections; hearing

A. On receiving an application for a water exchange permit, the director shall endorse on the application the date of receipt and keep a record of the application. The director shall conduct an initial review of the application within fifteen days after receiving the application. If the director determines in the initial review that the application is incomplete, the director shall notify each applicant. The application is incomplete until the applicants file the information requested in the application. The director shall determine whether the application is correct within ninety days after receiving a complete application. The director may request additional information from the applicants. The director may conduct independent investigations as may be necessary to determine whether the application should be approved or rejected.

B. Within fifteen days after the director determines that an application for a water exchange permit is complete and correct or a longer period if requested by an applicant, the director shall give notice of the application once each week for three consecutive weeks in a newspaper of general circulation in the county or counties in which any water is proposed to be withdrawn, diverted or used pursuant to the water exchange. In appropriate cases, including those in which surface water subject to decreed or appropriative rights is to be exchanged, the director shall provide personal notice of the application to each person who has made a written request to the director for a mailed copy of the notice. The notice shall state that objections to the issuance of the permit may be filed in writing with the director by interested persons within thirty days after the last publication of notice and that objections are limited to whether the permit application meets the criteria for issuing a permit as prescribed by this article. An objection shall state the name and mailing address of the objector, shall be signed by the objector, the objector's agent or the objector's attorney and shall clearly state reasons why the permit should not be issued. The director shall prepare the notice and shall determine the cost of publishing the notice. Before the notice is published, the applicant shall pay for publication by submitting to the director a check or money order made payable to the newspaper in which the notice is to be published for the cost of publishing the notice. The director shall transmit the check or money order with the notice to the newspaper for publication.

C. In appropriate cases, including cases in which a proper written objection to the permit application has been filed, an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary. At least thirty days before the date of the hearing, the director shall give notice to the applicants and to any person who filed a proper written objection to the issuance of the permit. The hearing shall be scheduled for at least sixty days but not more than ninety days after the expiration of the time in which to file objections. If a hearing is not held, the director shall issue a decision and order within six months after the date notice of the application is first given pursuant to subsection B of this section.

D. The approval or rejection of an application for a water exchange permit shall be endorsed on the application and dated. If the permit is denied, the director shall return the application to the applicants specifically stating the reasons for denial.

E. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in any county in which water may be withdrawn, diverted or used pursuant to the permit.
A.R.S. § 45-1429 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1429
45-1429 Power of Santa Cruz county to cooperate with and receive assistance from the United States in flood control projects
Status: in_force

45-1429. Power of Santa Cruz county to cooperate with and receive assistance from the United States in flood control projects

A. The board of supervisors of Santa Cruz county is empowered to cooperate with and receive assistance from the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized pursuant to any act of Congress, of a flood control project or projects within the county for local flood control.

B. Pursuant to the powers granted by the provisions of subsection A, the board of supervisors of Santa Cruz county is authorized in relation to the flood control project or projects described in subsection A to:

1. Acquire and provide, without cost to the United States, land, easements and right of ways necessary for flood control works of improvement.

2. Hold and save the United States or any instrumentality, department or agency thereof, free from any claim for damages arising from the construction, maintenance and operation of flood control works of improvement.

3. Construct, carry out, maintain and operate all such works in accordance with regulations prescribed by the secretary of the army or any authorized agent of the United States.

4. Establish and enforce flood-channel limits and regulations, if any, satisfactory to the secretary of the army or any authorized agent of the United States.

C. Notwithstanding anything to the contrary herein set forth, the board of supervisors of Santa Cruz county shall not exercise any power or authority granted by paragraphs A and B hereof, nor shall they undertake or cooperate in either the planning, authorization, construction, acquisition, extension, improvement, maintenance or operation of any flood control structures, dams, systems or projects on any portion of the Santa Cruz river watershed, or its tributaries, without having first obtained written consent of the city of Tucson, the town of Eloy, the city of Casa Grande, and of any and all irrigation districts or electrical districts, the whole or any part of whose underground or surface waters are obtained and derived from the Santa Cruz river and the tributaries.
A.R.S. § 45-132 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 132
45-132 Filling large bodies of water for landscape, scenic or recreational purposes prohibited; exceptions; preemption
Status: in_force

45-132. Filling large bodies of water for landscape, scenic or recreational purposes prohibited; exceptions; preemption

A. Except as provided in subsection B of this section, in an active management area established under chapter 2 of this title, a person shall not use any water for the purpose of filling or refilling all or a portion of a body of water.

B. This section does not apply to a body of water if any of the following applies:

1. The body of water was filled before January 1, 1987. If the surface area of the body of water is increased on or after January 1, 1987, this exception does not apply to the quantity of water that is added.

2. The director has determined that substantial capital investment has been made in the physical on-site construction of the body of water before January 1, 1987.  If the surface area of the body of water is increased after it is initially filled, this exception does not apply to the quantity of water that is added.

3. The body of water is located in a recreational facility that is open to the public and owned or operated by the United States, this state, a city, town or county, a flood control district established under title 48, chapter 21 or a multi-county water conservation district established under title 48, chapter 22.

4. The body of water is filled and refilled exclusively with any one or any combination of the following:

(a) Effluent.

(b) Storm water runoff that is not subject to appropriation under section 45-141.

(c) Poor quality water used pursuant to a permit issued under subsections C and D of this section.

(d) Groundwater withdrawn pursuant to a drainage water withdrawal permit issued under section 45-519.

(e) Groundwater withdrawn in the first year of a temporary dewatering permit issued under section 45-518.

(f) Groundwater withdrawn as part of a remedial action under title 49, chapter 2, article 5, including mitigation of a nonhazardous release undertaken pursuant to an order issued by the department of environmental quality pursuant to section 49-286.

(g) Water used pursuant to a permit for interim water use issued under section 45-133.

(h) Surface water except central Arizona project water that, as determined by the director, physically occurs at such times, in such quantities or under such other circumstances that it cannot be physically captured and beneficially used by any other holder of an appropriative right.

5. The body of water is an integral part of a golf course that complies with any applicable conservation requirements in the management plan for the active management area adopted under chapter 2, article 9 of this title.

6. The body of water is unsealed and is an integral part of an underground storage facility for which the director has issued a permit under chapter 3.1 of this title.

7. The body of water is a swimming pool that is owned and operated by a hotel, motel, country club or resort and has a surface area equal to or less than forty-three thousand five hundred sixty square feet.  If a hotel, motel, country club or resort has more than one swimming pool, only one of those swimming pools may have a surface area greater than twelve thousand three hundred twenty square feet.

C. A person who seeks to use poor quality groundwater to fill or refill all or a portion of a body of water shall apply to the director for a permit to use the groundwater for that purpose.  The director may issue a permit if the applicant demonstrates that all of the following apply:

1. The applicant otherwise has a right to use the proposed source of groundwater for the proposed purpose.

2. The groundwater because of its poor quality cannot be used for another beneficial purpose at the present time and it is not economically feasible to treat and transport the groundwater and use it for another beneficial purpose.

3. The withdrawal of the groundwater is consistent with the management plan and achievement of the management goal for the active management area.

D. A permit issued pursuant to subsection C of this section may be issued for a period of up to thirty-five years.  The director shall determine the duration of the permit on the basis of the estimated life of the source of poor quality groundwater and the potential for future beneficial use.  The director shall monitor the use of groundwater pursuant to the permit and shall terminate the permit if any of the conditions for issuance of the permit no longer applies. A permit may be renewed subject to the same criteria used in granting the original permit.

E. This section preempts all municipal and county laws, charters, ordinances, rules and regulations relating to the use of any water to fill or refill all or a portion of a body of water, except that this section does not preempt a law, charter, ordinance, rule or regulation that has previously been adopted, passed or enacted or is subsequently adopted, passed or enacted if the law, charter, ordinance, rule or regulation is more restrictive than this section.
A.R.S. § 45-138 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 138
45-138 Burden of proof
Status: in_force

45-138. Burden of proof

A person who claims in a hearing held pursuant to section 45-136 or in a civil action that he is not violating or has not violated 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 on the ground that he qualifies for an exemption under section 45-132, subsection B, paragraph 4 has the burden of proving that he qualifies for the exemption.
A.R.S. § 45-520 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 520
45-520 Point of withdrawal; location of use; conveyance
Status: in_force

45-520. Point of withdrawal; location of use; conveyance

A. A person who withdraws groundwater under a permit issued pursuant to this article may change his point or points of withdrawal only pursuant to sections 45-597 and 45-598 and may change his location of use only with the approval of the director and by applying for a modification of the permit pursuant to section 45-527.

B. A permit issued pursuant to section 45-517, 45-518 or 45-519.01 may not be conveyed. All other permits issued pursuant to this article may be conveyed only for the same use, subject to the approval of the director.
A.R.S. § 45-255 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 255
45-255 Appointment of master; compensation
Status: in_force

45-255. Appointment of master; compensation

A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil procedure to report on legal and factual issues designated under a specific order of reference.

B. A master's compensation and other expenses related to the conduct of an adjudication shall be fixed by the court and paid out of the fund of fees paid by the claimants pursuant to section 45-254.  If that fund of fees is insufficient, a master's compensation and other expenses related to the conduct of an adjudication shall be paid from the state general fund as a separate line item appropriation for the superior court.
A.R.S. § 45-526 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 526
45-526 Appeals
Status: in_force

45-526. Appeals

A person whose application is denied or a person who contested a permit by filing a proper objection pursuant to section 45-523 may seek judicial review of the decision in the superior court.
A.R.S. § 45-1602 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1602
45-1602 Application for license
Status: in_force

45-1602. Application for license

Any individual or corporation who proposes to operate weather control or cloud modification projects or attempts to artificially induce rainfall shall, before engaging in any such operation, make application to the director for a license to engage in the particular weather control or cloud modification operation contemplated.
A.R.S. § 45-152 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 152
45-152 Application for permit to appropriate water
Status: in_force

45-152. Application for permit to appropriate water

A. Any person, including the United States, the state or a municipality, intending to acquire the right to the beneficial use of water, shall make an application to the director of water resources for a permit to make an appropriation of the water. The application shall state:

1. The name and address of the applicant.

2. The water supply from which the appropriation is applied for.

3. The nature and amount of the proposed use.

4. The location, point of diversion and description of the proposed works by which the water is to be put to beneficial use.

5. The time within which it is proposed to begin construction of such works and the time required for completion of the construction and the application of the water to the proposed use.

B. The application also shall set forth:

1. If for agricultural purposes, the legal subdivisions of the land and the acreage to be irrigated.

2. If for power purposes, the nature of the works by which power is to be developed, the pressure head and amount of water to be utilized, the points of diversion and release of the water and the uses to which the power is to be applied.

3. If for the construction of a reservoir, the dimensions and description of the dam, the capacity of the reservoir for each foot in depth, the description of the land to be submerged and the uses to be made of the impounded waters.

4. If for municipal uses, the population to be served, and an estimate of the future population requirements.

5. If for mining purposes, the location and character of the mines to be served and the methods of supplying and utilizing the waters.

6. If for recreation or wildlife, including fish, the location and the character of the area to be used and the specific purposes for which such area shall be used.

C. The application shall be accompanied by maps, drawings and data prescribed by the director.
A.R.S. § 45-1702 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1702
45-1702 Definitions
Status: in_force

45-1702. Definitions

In this article, unless the context otherwise requires:

1. "Authority" means the Arizona power authority created pursuant to title 30, chapter 1.

2. "Bonds" and "notes" means bonds and notes, respectively, of the authority issued pursuant to this article.

3. "District" means any irrigation district, power district, electrical district, agricultural improvement district or water users association now or hereafter organized under the laws of this state that is directly engaged in the sale, distribution or delivery of municipal, industrial or irrigation water or in the sale, distribution or use of electric power or energy.

4. "Municipality" means any incorporated city or town or other corporation organized for municipal purposes.

5. "Power" means electric power or electric energy or both.

6. "Project" or "work" means:

(a) Any of the projects or works authorized by this article or hereafter authorized, including each and every facility or improvement necessary or incidental thereto and all rights-of-way, lands or interests in lands, the use or occupancy of which is necessary or appropriate in the construction, reconstruction, replacement, extension, betterment, development, improvement or operation and maintenance of such facilities and improvements.

(b) Financing or refinancing authorized by section 45-1703, subsection A, paragraph 5.

7. "Public utility" means any person, corporation, district, electric cooperative, public agency or political subdivision of the state that provides electrical service to the public by means of electric facilities or provides water for municipal, industrial, irrigation, recreation and fish and wildlife purposes to the public.

8. "Real property" means lands, rights in lands, interests in land, including lands under water, appurtenances, improvements and any and all other things and rights usually included within the term and includes also any and all interest in such property less than full title, such as easements, permanent or temporary rights-of-way, uses, leases, licenses and other such incorporeal hereditaments.

9. "Retail" means sales to persons, corporations, firms, partnerships or other entities for their use and not for resale.

10. "State" means the state of Arizona.

11. "State water and power development fund" means the fund by that name established by section 45-1711.

12. "State water and power plan" means the plan established pursuant to section 45-1703.

13. "Wholesale" means sales to municipalities, districts or public utilities for resale or distribution.
A.R.S. § 45-813.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 2 / Section 813.01
45-813.01 Land use ordinances
Status: in_force

45-813.01. Land use ordinances

If any storage facility is to be located within a city or town, the director may consider for purposes of issuing the storage facility permit any land use ordinance provision addressing public health and safety and the aesthetics otherwise governing the use of land where that facility is to be located.
A.R.S. § 45-416 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 416
45-416 Limitation on number of irrigated acres
Status: in_force

45-416. Limitation on number of irrigated acres

A. If the director initiates the procedure for designating a subsequent active management area or the board of supervisors calls an election to establish an active management area, an irrigation user may irrigate within the proposed active management area only acres of land which were legally irrigated at any time during the five years preceding the date of the notice of the initiation of designation procedures or the call for the election.

B. The limitation on the acres which may be irrigated shall continue in effect until the director makes a final determination pursuant to section 45-414 or the final results of an election to establish an active management area pursuant to section 45-415 are certified by the board of supervisors of the county or counties in which the proposed subsequent active management area is located.
A.R.S. § 45-1714 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1714
45-1714 Remedies of bondholders and noteholders
Status: in_force

45-1714. Remedies of bondholders and noteholders

A. In the event the authority defaults in the payment of principal of or interest on any issue of bonds or notes after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event the authority shall fail or refuse to comply with the provisions of this article, or shall default in any agreement made with the holders of any issue of bonds or notes, the holders of twenty-five per cent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the office of the clerk of Maricopa county and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes provided in this article.

B. Such trustee may, and upon written request of the holders of twenty-five per cent in principal amount of such bonds or notes then outstanding shall, in his or its own name:

1. By mandamus or other suit, action or proceeding at law or in equity enforce all rights of the bondholders or noteholders, including the right to require the authority to collect fees, rentals and charges adequate to carry out any agreements with the holders of such bonds or notes and to perform its duties under this title.

2. Bring suit upon such bonds or notes.

3. By action or suit in equity, require the authority to account as if it were the trustee of an express trust for the holders of such bonds or notes.

4. By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds or notes.

5. Declare all such bonds or notes due and payable, and if all defaults shall be made good then with the consent of the holders of twenty-five per cent of the principal amount of such bonds or notes then outstanding, to annul such declaration and its consequences.

C. Such trustee, whether or not the issue of bonds or notes represented by such trustee has been declared due and payable, shall be entitled as of right to the appointment of a receiver of any project or projects included in the state water and power plan or any part of the plan, the fees, rentals, charges or other revenues of which are pledged for the security of the bonds or notes of such issue and such receiver may enter and take possession of such project or projects and, subject to any pledge or agreement with bondholders, shall take possession of all monies and other property derived from or applicable to the construction, operation, maintenance and reconstruction of such project or projects, and proceed with any construction thereon which the director or the authority is under obligation to do and shall operate, maintain and reconstruct such project or projects, and collect and receive all fees, rentals, charges and other revenues thereafter arising therefrom subject to any pledge thereof or agreement with bondholders or noteholders relating thereto and perform the public duties and carry out the agreements and obligations of the director and the authority under the direction of the court. In any suit, action or proceeding by the trustee the fees, counsel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any fees, rentals and other revenues derived from such project or projects.

D. Such trustee shall in addition to the foregoing have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

E. The superior court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of such bondholders or noteholders. The venue of any such suit, action or proceeding shall be laid in Maricopa county.
A.R.S. § 45-439 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 439
45-439 Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures
Status: in_force

45-439. Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures

A. The director may designate an irrigation non-expansion area as an active management area if the director determines that the irrigation non-expansion area meets any of the criteria for designating an active management area specified in section 45-412, subsection A.

B. Any action taken under this section is subject to the procedures for notice and hearing prescribed by sections 45-413 and 45-414.

C. An irrigation non-expansion area may be designated an active management area upon petition and election pursuant to section 45-415 by the registered voters residing in the groundwater basin which is or includes the irrigation non-expansion area.
A.R.S. § 45-2712 — Arizona Code / Title 45 / Chapter 16 / Article 2 / Section 2712
45-2712 Notice of well applications to nation; objection; hearing; appeal
Status: in_force

45-2712. Notice of well applications to nation; objection; hearing; appeal

A. Before making a decision on an application described in section 45-2711, subsection B, the director shall mail written notice of the application to the nation, including a copy of the application, and provide the nation an opportunity to object to the application in the manner provided in subsection B of this section.

B. The nation may file with the director a written objection to an application described in section 45-2711, subsection B within sixty days after the director mails written notice of the application to the nation.  The grounds for objection are limited to whether the application should be denied under section 45-2711, subsection B.

C. If the nation files a timely objection to an application pursuant to subsection B of this section, the director shall schedule an administrative hearing on the objection within sixty days after receiving the objection.  The administrative hearing shall be held by an administrative law judge of the office of administrative hearings under title 41, chapter 6, article 10 and the nation shall be a party to the hearing. Notwithstanding any other law, the administrative law judge shall issue a recommended decision to the director within thirty days after the close of the hearing and the director shall issue a final administrative decision within thirty days after receiving the administrative law judge’s recommended decision.  The director's final administrative decision is subject to judicial review by the superior court having jurisdiction over the general adjudication of all rights to use water in the Gila river system and source if a party to the administrative hearing files an action for judicial review within thirty days after the date the director mails notice of the final administrative decision to the party.

D. If the director receives an application to drill a replacement well in the Tucson active management area at a location within two miles of the exterior boundaries of the reservation, before making a decision on the application, the director shall mail written notice of the application to the nation, including a copy of the application, and provide the nation an opportunity to object to the application in the manner provided in subsection E of this section.

E. The nation may file with the director a written objection to an application described in subsection D of this section. The written objection shall be filed within sixty days after the director mails written notice of the application to the nation.  The grounds for objection are limited to whether the proposed well qualifies as a replacement well.  If the nation files a timely objection to the application, the hearing and appeal provisions set forth in subsection C of this section apply.

F. If the director fails to comply with a requirement in this section, the nation may bring an action in the superior court having jurisdiction over the general adjudication of all rights to use water in the Gila river system and source to obtain an order compelling the director’s compliance.
A.R.S. § 45-294 — Arizona Code / Title 45 / Chapter 1 / Article 11 / Section 294
45-294 Limited nonapplicability
Status: in_force

45-294. Limited nonapplicability

Nothing in this article is intended to prescribe nor shall it be interpreted to prescribe the terms, conditions or rules for the transportation of water where the point of diversion or withdrawal and the point of use are both within the state of Arizona.
A.R.S. § 45-1051 — Arizona Code / Title 45 / Chapter 4 / Article 4 / Section 1051
45-1051 Notice of water exchange; contents forms; review by director
Status: in_force

45-1051. Notice of water exchange; contents forms; review by director

A. A person who seeks to engage in a water exchange that does not meet the requirements of section 45-1002, subsection A, paragraph 1, 2, 3, 4 or 6 shall file a notice of water exchange with the director. The notice shall include the following:

1. The names and mailing addresses of each participant in the water exchange.

2. A copy of the contract pursuant to which the water exchange will be conducted.

3. The name of any active management area or irrigation non-expansion area from which groundwater will be withdrawn pursuant to the notice of water exchange.

4. The point or points of withdrawal, including well registration number, of any groundwater or stored water to be exchanged pursuant to the notice of water exchange.

5. The legal descriptions of the lands on which the water will be used pursuant to the notice of water exchange.

6. The total annual amount of water that may be used pursuant to the notice of water exchange.

7. The duration of the water exchange contract.

8. The uses to which any exchanged water may be applied during the term of the water exchange contract.

9. Such other information as the director deems appropriate.

B. The notice of water exchange shall be filed with the director on a form prescribed by the director. Blank forms shall be furnished on request.

C. The director shall not accept a notice of water exchange that does not contain all of the information required by subsection A of this section. If the director determines that a notice of water exchange does not contain all of the required information, the director shall return it to the sender within sixty days specifying the deficiencies in the notice and provide the sender an opportunity to revise or supplement the notice. The director shall reject a revised or supplemented notice if, on resubmittal, it is still deficient.
A.R.S. § 45-403 — Arizona Code / Title 45 / Chapter 2 / Article 1 / Section 403
45-403 Designation of groundwater basins and sub-basins; hearing
Status: in_force

45-403. Designation of groundwater basins and sub-basins; hearing

A. Within eighteen months of the effective date of this section, the director shall propose boundaries for all groundwater basins and sub-basins of groundwater basins in this state not included within initial active management areas established pursuant to section 45-411.

B. Within twenty-four months of the effective date of this section, the director shall hold public hearings to consider the final boundaries of groundwater basins and sub-basins in this state not included within initial active management areas established pursuant to section 45-411.  The director shall give reasonable notice of the hearing appropriate to the circumstances which shall include the publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed groundwater basin is located. Any notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed groundwater basin and any sub-basin and any other information the director deems necessary.

C. The hearings shall be held at the county seat of the county in which the major portion of the land in the proposed groundwater basin is located as soon as practicable but no less than thirty days and no more than sixty days after the first publication of the notice of the hearing. At the hearing, the director shall present the factual data in his possession in support of the proposed action. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence for or against the proposed action. In making his determination, the director shall give full consideration to public comment and to recommendations made by local political subdivisions.
A.R.S. § 45-591.01 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 591.01
45-591.01 Oil, gas, helium and geothermal wells; exemption
Status: in_force

45-591.01. Oil, gas, helium and geothermal wells; exemption

Wells drilled for oil, gas or helium pursuant to the provisions of title 27 are not wells as defined in this chapter. The director, by rule or regulation, may exempt exploration wells from any requirement of this article that the director determines is not necessary for the protection of groundwater. Geothermal wells drilled pursuant to the provisions of title 27 are not wells as defined in this chapter when the director finds that the rules and regulations of the oil and gas conservation commission require the reinjection of all waters associated with the geothermal resource to the producing strata.
A.R.S. § 45-465.04 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 465.04
45-465.04 Use of groundwater to water plants in containers as non-irrigation use; right to use groundwater withdrawn pursuant to irrigation grandfathered right to water plants in containers; definition
Status: in_force

45-465.04. Use of groundwater to water plants in containers as non-irrigation use; right to use groundwater withdrawn pursuant to irrigation grandfathered right to water plants in containers; definition

A. The use of groundwater to water plants in containers on or above the surface of the ground is a non-irrigation use in an active management area.

B. Notwithstanding subsection A of this section, in an initial active management area, a person who holds a certificate of irrigation grandfathered right may withdraw groundwater pursuant to the right and use the groundwater to water plants in containers on or above the surface of the certificated acres if the plants are grown for sale or human consumption or for use as feed for livestock, range livestock or poultry, as those terms are defined in section 3-1201.

C. A person who holds a certificate of irrigation grandfathered right shall separately measure with a measuring device approved by the director pursuant to section 45-604 any groundwater used for watering plants in containers on or above the surface of the certificated acres and any groundwater used for an irrigation use on the certificated acres.

D. Except as provided in section 45-563.02, if a person uses groundwater to water plants in containers pursuant to subsection B of this section, the total amount of water used by the person for that purpose and for any irrigation uses on the certificated acres may not exceed the amount allowed by the irrigation water duty for the farm.

E. The director may not register credits to the flexibility account established pursuant to section 45-467 for a farm in any year in which the person who holds the certificate of irrigation grandfathered right for the farm uses groundwater to water plants in containers on or above the surface of the certificated acres pursuant to subsection B of this section.

F. On request by the owner of a certificate of irrigation grandfathered right, the director shall separate the certificate into two certificates, with one certificate for those certificated acres on which plants in containers are watered with groundwater pursuant to subsection B of this section and one certificate for those certificated acres on which groundwater is used for an irrigation use.  If the director separates a certificate of irrigation grandfathered right into two certificates pursuant to this subsection, the certificated acres associated with each certificate shall be considered a separate farm for purposes of subsection E of this section. The director may not separate a certificate of irrigation grandfathered right into two certificates pursuant to this subsection if it would result in the issuance of a certificate of irrigation grandfathered right with less than two certificated acres.

G. For the purposes of this section, "certificated acres" means the acres described on the certificate of irrigation grandfathered right.
A.R.S. § 45-614 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 614
45-614 Setting groundwater withdrawal fee; statement entered in record; statement transmitted to state treasurer; notice; payment; penalty
Status: in_force

45-614. Setting groundwater withdrawal fee; statement entered in record; statement transmitted to state treasurer; notice; payment; penalty

A. The director, not later than October 1 each year, shall set the groundwater withdrawal fee for each active management area for the following calendar year. In setting the fee, the director shall comply with the requirements of section 45-611, subsections A and C and shall consider, among other things:

1. The estimated financial requirements for the next fiscal year.

2. The estimated amount of groundwater which will be withdrawn in the active management areas, except the Santa Cruz active management area, in the next calendar year.

3. The estimated amount of water, other than stored water, that will be withdrawn from wells in the Santa Cruz active management area in the next calendar year.

4. The amount of monies collected from groundwater withdrawal fees in the preceding calendar year.

B. The director shall enter in the records of the department a statement of the estimated financial requirements for the next fiscal year and a statement of the groundwater withdrawal fees for each active management area for the next calendar year, itemized to show the amounts to be levied for administration and enforcement, augmentation, conservation assistance and monitoring and assessing water availability, Arizona water banking and the purchase and retirement of grandfathered rights. The director shall transmit to the state treasurer a copy of the itemized statement of the groundwater withdrawal fees.

C. Within thirty days after the director sets the groundwater withdrawal fees for the next calendar year, the director shall give notice of the fees by:

1. Giving written notice to the clerk of the board of supervisors of the county or counties in which the active management area is located and to the mayor of each city or town, to each private water company and to the presiding officer of each political subdivision established pursuant to title 48, chapter 17, 18, 19 or 20 and located in the active management area.

2. Written notice to all holders of groundwater withdrawal permits in the active management area.

D. A person who, under section 45-604, subsection B, is not required to use and does not use a water measuring device to measure withdrawals made pursuant to a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit shall pay an amount equal to the groundwater withdrawal fee set by the director for the calendar year multiplied by the number of acre-feet of the grandfathered right or the groundwater withdrawal permit.

E. The groundwater withdrawal fee shall be paid to the department at the time the person withdrawing the water files a report on annual withdrawals pursuant to section 45-632. If a person who is required under section 45-611 to pay a groundwater withdrawal fee for calendar year 1985 or any subsequent calendar year fails to pay the fee for the calendar year in question on or before March 31 of the following year, 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. The director shall transmit all penalties collected under this section to the state treasurer for deposit in the state general fund.
A.R.S. § 45-566 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 566
45-566 Management plan for third management period; guidelines
Status: in_force

45-566. Management plan for third management period; guidelines

A. For the third management period, 2000 to 2010, the director shall promulgate a management plan for each initial active management area not later than January 1, 1998. The director:

1. Except as provided in section 45-411.01, subsection A and section 45-563.02, subsection B, shall establish in each plan a new irrigation water duty for each farm unit to be reached by the end of the third management period and may establish one or more intermediate water duties to be reached at specified intervals during the third management period. Except as provided in subsection D of this section, the irrigation water duty or intermediate water duties for the third management period shall be calculated as the quantity of water reasonably required to irrigate the crops historically grown in the farm unit and shall be computed by dividing the total irrigation requirement per acre of those crops by an irrigation efficiency of eighty per cent, except that a lower irrigation efficiency may be used for a farm unit or portion of a farm unit determined by the director to have limiting soils or excessive slopes and for a farm unit where orchard crops were historically grown and continue to be grown. After computing the irrigation water duty or intermediate water duties for the third management period, the director may adjust the highest twenty-five per cent of the water duties within an area of similar farming conditions by reducing each water duty in an amount up to ten per cent, except that in making the adjustment, no water duty may be reduced to an amount less than the greater of the following:

(a) The highest water duty within the lowest seventy-five per cent of the water duties computed within the area of similar farming conditions for the third management period.

(b) A water duty computed for the farm unit under this paragraph using an irrigation efficiency of eighty per cent.

2. Shall establish in each plan, except the plan for the Santa Cruz active management area, additional conservation requirements for all non-irrigation uses of groundwater to be achieved by the end of the third management period and may establish intermediate conservation requirements to be achieved at specified intervals during the third management period. In the plan for the Santa Cruz active management area, the director shall establish additional conservation requirements for all non-irrigation uses of water, other than stored water, withdrawn from a well to be achieved by the end of the third management period and may establish intermediate conservation requirements to be achieved at specified intervals during the third management period. For municipal uses, except as provided in section 45-566.01 and paragraphs 3 and 4 of this subsection, the program in each plan shall require additional reasonable reductions in per capita use to those required in the second management period and use of such other conservation measures as may be appropriate for individual users. For industrial uses, including industrial uses within the exterior boundaries of the service area of a city, town, private water company or irrigation district, the program in each plan shall require the use of or establish conservation requirements based on the use of the latest commercially available conservation technology consistent with reasonable economic return.

3. Shall establish in each plan conservation or rate of use requirements for deliveries of untreated water by large untreated water providers based on the use of the latest commercially available conservation technology consistent with reasonable economic return.

4. Shall establish in each plan reasonable conservation requirements for small municipal providers.

5. Except as provided in section 45-411.01, subsection B, shall establish in each plan, except the plan for the Santa Cruz active management area, additional economically reasonable conservation requirements for the distribution of groundwater by cities, towns, private water companies and irrigation districts within their service areas. In the plan for the Santa Cruz active management area, the director shall establish additional economically reasonable conservation requirements for the distribution of water, other than stored water, withdrawn from wells, for cities, towns, private water companies and irrigation districts within their service areas.

6. Shall include in each plan a program for additional augmentation of the water supply of the active management area, if feasible, including incentives for artificial groundwater recharge.

7. Shall, in cooperation with the department of environmental quality, include in each plan an assessment of groundwater quality in the active management area and any proposed program for groundwater quality protection. Any such program shall be submitted to the legislature for any necessary enabling legislation or coordination with existing programs of the department of environmental quality.

8. Shall include in each plan a program for conservation assistance to water users within the active management area.

9. May include in each plan a program for the purchase and retirement of grandfathered rights by the department to begin no earlier than January 1, 2006.

10. Shall establish in the plan for an active management area in which a groundwater replenishment district is located the historic annual net natural recharge for the groundwater replenishment district, computed by determining the net natural recharge, as defined by section 48-4401, for the groundwater basin beneath the district during calendar years 1967 through 1996 and dividing the result by thirty.

11. Shall include in the plan for the Santa Cruz active management area criteria for the location of new wells and replacement wells in new locations consistent with the management goal of the active management area.

12. Shall include in the plan for the Santa Cruz active management area an evaluation of the potential impact of the plan on the Tucson active management area.

13. Shall include in the plans for the Tucson, Phoenix and Pinal active management areas recommendations to the Arizona water banking authority regarding all of the following:

(a) Whether additional water storage in the active management area would help to achieve the management goal for the active management area.

(b) Where additional water storage in the active management area would be most useful to achieve the management goal for the active management area.

(c) Whether extinguishment of long-term storage credits accrued or to be accrued by the Arizona water banking authority would help to achieve the management goal for the active management area.

B. Within thirty days after the management plan for the third management period is adopted, the director shall give written notice in the manner and to the persons prescribed in section 45-565, subsection B. Two years before the compliance date specified in the management plan for any irrigation water duty, intermediate water duty, conservation requirement or intermediate conservation requirement, the director shall give additional written notice by first class mail to the last known addresses of the persons prescribed in section 45-565, subsection B.

C. Except for a person who has obtained a variance under section 45-574 or who is exempt from irrigation water duties under section 45-563.02, subsection A, all persons notified pursuant to subsection B of this section shall comply with the applicable irrigation water duty or conservation requirements for the third management period not later than January 1, 2010 and shall remain in compliance until the compliance date for any applicable irrigation water duty or conservation requirements established in the management plan for the fourth management period. If intermediate water duties or intermediate conservation requirements have been established, a person to whom those water duties or conservation requirements apply shall comply with the intermediate water duties or conservation requirements not later than the compliance date specified in the management plan unless the person obtains a variance pursuant to section 45-574 or is exempt from intermediate water duties under section 45-563.02, subsection A. A person who obtains a variance under section 45-574 shall comply with the applicable irrigation water duty or conservation requirements by the date specified in the variance and shall remain in compliance until the subsequent compliance date for any applicable irrigation water duty or conservation requirements established in the management plan for the third management period or, if that management plan does not establish any applicable subsequent compliance date, until the applicable compliance date established in the management plan for the fourth management period.

D. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right may apply to the director at any time during the management period for an exemption from the irrigation water duties established pursuant to subsection A, paragraph 1 of this section. The director shall grant the exemption if the person demonstrates to the director's satisfaction that granting the exemption is consistent with achieving the management goal of the active management area and that one of the following applies:

1. Withdrawal of groundwater pursuant to the irrigation grandfathered right during the management period will intercept the groundwater that would otherwise flow out of and be lost to the active management area within the next fifteen years without entering another active management area.

2. Withdrawal of groundwater pursuant to the irrigation grandfathered right during the management period will prevent encroachment of a rising depth to groundwater level that will cause waterlogging problems within the next fifteen years.
A.R.S. § 45-291 — Arizona Code / Title 45 / Chapter 1 / Article 11 / Section 291
45-291 Definition of person
Status: in_force

45-291. Definition of person

In this article, unless the context otherwise requires, "person" means an individual, public or private corporation, company, partnership, firm, association, society, estate, trust, any other private organization or enterprise, the United States, any state, territory or country or a governmental entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of the United States, this state or any other state.
A.R.S. § 45-275 — Arizona Code / Title 45 / Chapter 1 / Article 10 / Section 275
45-275 Investigation, hearing and certification of claims
Status: in_force

45-275. Investigation, hearing and certification of claims

A. Upon receipt of a claim, the director shall conduct such investigation as in the director's judgment is necessary to certify the water right. Such investigation may include an inspection of the stockpond.

B. When requested by a claimant or the protesting party, an administrative hearing shall be held to determine any material fact which is in dispute. A hearing may be held on the director's own motion.

C. The director shall issue a certification of the water right if it appears that the material facts stated in the claim are true and entitle the claimant to a water right for the stockpond. The water right shall be subject to all prior rights, and the certification shall so state.

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. § 45-2203 — Arizona Code / Title 45 / Chapter 13 / Article 1 / Section 2203
45-2203 Contest of formation; appeal
Status: in_force

45-2203. Contest of formation; appeal

A. Any aggrieved person or entity may contest the formation of the authority under this chapter by filing an action in the superior court in the county in which the authority is formed. Any contest must be filed within thirty days after the second publication of notice of the authority's formation as provided in section 45-2202. If more than one contest is pending, they shall be consolidated for trial.

B. The superior court shall try all contests without delay and shall determine whether the formation of the authority and appointment of the board occurred in substantial compliance with this article.

C. The formation of the authority is lawful and conclusive against all persons if an action is not filed as provided in subsection A of this section. If an action is filed as provided in subsection A of this section and that action is unsuccessful, the formation of the authority is lawful and conclusive against all persons on the date that the judgment dismissing the action is no longer subject to judicial review.

D. The authority may exercise all of the powers provided by this chapter notwithstanding the pendency of any contest.
A.R.S. § 45-108.02 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 108.02
45-108.02 Exemption from adequate water supply requirements for city, town or county based on substantial capital investment; application; criteria; expiration
Status: in_force

45-108.02. Exemption from adequate water supply requirements for city, town or county based on substantial capital investment; application; criteria; expiration

A. If the director determines pursuant to section 45-108 that an adequate water supply does not exist for a proposed subdivision and the proposed subdivision is located in a city, town or county that requires a determination of adequate water supply by the director as a condition of approval of the plat pursuant to section 9-463.01, subsection J or O or section 11-823, subsection A, the subdivider may apply to the director for an exemption from the water adequacy requirement pursuant to this section on a form prescribed by the director within one year after the requirement first becomes effective.  The director shall grant the exemption if the subdivider demonstrates to the satisfaction of the director that all of the following apply:

1. The subdivider has made substantial capital investment toward the construction of the proposed subdivision before the date the water adequacy requirement first became effective.  For the purposes of this paragraph, substantial capital investment may include construction costs, site preparation costs, construction of off-site improvements and conversion or remodeling costs for existing structures, as well as planning and design costs associated with those items, but does not include the original cost of acquiring the property.

2. The subdivider was not aware of the proposed water adequacy requirement at the time the investment was made.

3. The proposed subdivision complied in all other respects with existing state laws as of the date the water adequacy requirement became effective.

B. If the director grants an exemption pursuant to subsection A of this section:

1. The exemption expires five years after the date the exemption is granted, unless before that date at least one parcel in the subdivision is sold to a bona fide purchaser or the director extends the exemption pursuant to paragraph 2 of this subsection.

2. The director may extend the period of the exemption for no more than two successive five-year periods if the subdivider applies for an extension before the exemption expires and demonstrates to the satisfaction of the director that the subdivider has made material progress in developing the subdivision, but that sales of parcels in the subdivision have been delayed for reasons outside the control of the subdivider.

C. If an exemption granted under this section expires, any public report issued for the subdivision by the state real estate commissioner pursuant to section 32-2183 expires and the subdivider shall not sell any lots in the subdivision unless both of the following apply:

1. The subdivider files with the state real estate commissioner a new notice of intention to subdivide lands pursuant to section 32-2181 and complies with section 32-2181, subsection F.

2. The state real estate commissioner issues a new public report for the subdivision pursuant to section 32-2183.

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.