A.R.S. § 45-1062 — Arizona Code / Title 45 / Chapter 4 / Article 5 / Section 1062
45-1062 Cease and desist order; temporary cease and desist order; hearings; injunctive relief
Status: in_force

45-1062. Cease and desist order; temporary cease and desist order; hearings; injunctive relief

A. If the director has reason to believe that a person is violating or has violated any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter, the director may give the person written notice that the person may appear and show cause at an administrative hearing at least thirty days after the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. Notwithstanding subsection A of this section, if the director finds that a person is withdrawing, diverting or using water in violation of any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purposes of this chapter, the director may issue a temporary order for the person to cease and desist the withdrawal, diversion or use pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date and time when and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days after the date of the order unless the person consents to a longer period.

C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected 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 violation is alleged to have occurred.

D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section, the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

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.
A.R.S. § 45-1715 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1715
45-1715 Certification of bonds by attorney general
Status: in_force

45-1715. Certification of bonds by attorney general

The authority may submit to the attorney general of the state of Arizona any bonds to be issued under this article after all proceedings for the authorization of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this article, and such bonds when delivered and paid for will constitute binding and legal obligations of the authority enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of such bonds that it is issued in accordance with the constitution and laws of the state of Arizona.
A.R.S. § 45-543 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 543
45-543 Transportation between sub-basins or away from an active management area; damages; non-irrigation grandfathered right not associated with retired irrigated land; service area withdrawals; permit; exempt well
Status: in_force

45-543. Transportation between sub-basins or away from an active management area; damages; non-irrigation grandfathered right not associated with retired irrigated land; service area withdrawals; permit; exempt well

A. Groundwater may be transported between sub-basins of an active management area or away from an active management area, subject to payment of damages, if the groundwater is withdrawn:

1. Pursuant to a type 2 non-irrigation grandfathered right, except that groundwater withdrawn pursuant to a type 2 non-irrigation grandfathered right may not be transported away from the Pinal active management area to another initial active management area for the purpose of demonstrating and providing an assured water supply.

2. By a city, town or private water company within its service area and transported within its service area, except that groundwater withdrawn by a city, town or private water company within its service area may not be transported away from the Pinal active management area.

3. By an irrigation district within its service area and transported within its service area.

4. Pursuant to a groundwater withdrawal permit.

5. From an exempt well.

B. Groundwater that is withdrawn by a city, town or private water company within its service area may be transported pursuant to a delivery contract authorized by section 45-492, subsection C between sub-basins of an active management area and shall be subject to payment of damages unless the groundwater is withdrawn pursuant to a type 1 non-irrigation grandfathered right.

C. Groundwater that is withdrawn and transported to an active management area pursuant to article 8.1 of this chapter may be transported between sub-basins of the active management area without payment of damages.
A.R.S. § 45-186 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 186
45-186 Water rights claims registry
Status: in_force

45-186. Water rights claims registry

All claims set forth pursuant to this article shall be filed in a water rights claims registry in such a manner as deemed appropriate by the director.
A.R.S. § 45-1045 — Arizona Code / Title 45 / Chapter 4 / Article 3 / Section 1045
45-1045 Modification of water exchange permit
Status: in_force

45-1045. Modification of water exchange permit

Holders of a water exchange permit may seek renewal of a permit within six months before the date the permit expires or may seek modification of an unexpired water exchange permit. All applications to renew or modify a permit shall be treated in the same manner as provided in section 45-1042 for the initial permit application and are subject to the criteria prescribed by section 45-1041.
A.R.S. § 45-1501 — Arizona Code / Title 45 / Chapter 8 / Article 6 / Section 1501
45-1501 Definitions
Status: in_force

45-1501. Definitions

In this article, unless the context otherwise requires:

1. "Flood warning system" means a project or series of projects to detect floods and develop flood preparedness plans and may include the system known as the automatic local evaluation in real time system.

2. "Local entity" means a city, town, county, political subdivision or drainage and flood control district organized under title 48, chapter 18 or 21 or any other special taxing district organized under title 48.
A.R.S. § 45-527 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 527
45-527 Modification of permit
Status: in_force

45-527. Modification of permit

A permittee may seek modification of an unexpired groundwater withdrawal permit and renewal of a permit within six months prior to the date of the expiration of the permit. All permit modifications or renewal applications shall be treated in the same manner as the initial permit application and are subject to the same criteria used in issuing the initial permit.
A.R.S. § 45-110 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 110
45-110 Duties of superintendent; injunctive relief of injured water user
Status: in_force

45-110. Duties of superintendent; injunctive relief of injured water user

A. The superintendent of each water district shall:

1. Divide the water of the sources of supply of his district among the several ditches and reservoirs taking water therefrom, and among the laterals and ditches according to the rights of each.

2. Shut and fasten the head gates of ditches, and regulate the controlling works of reservoirs in time of scarcity of water as is necessary by reason of the rights existing from the supply of his district.

3. Regulate the distribution of water among the users under a partnership ditch or reservoir in accordance with existing judgments or decrees where the rights have been determined.

4. As far as practicable, divide, regulate and control the use of waters in his district by closing head gates to prevent the waste of water or its use in excess of the volume to which the owner of the right is lawfully entitled.

B. When the superintendent regulates a head gate to a ditch or the controlling works of reservoirs, he shall attach to the head gate or controlling works a written notice, dated and signed, stating that the head gate or controlling works has been regulated by him and is wholly under his control, and the notice shall be legal notice to all parties interested in the division and distribution of the water of the ditch or reservoir.

C. Any person injured by such action by the superintendent may apply to the superior court for an injunction against the superintendent, but the injunction shall not be issued unless it appears that the superintendent has failed to carry into effect the order of the director or a judgment or decree of court determining existing rights to the use of the water.
A.R.S. § 45-512 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 512
45-512 Categories of groundwater withdrawal permits
Status: in_force

45-512. Categories of groundwater withdrawal permits

Except as provided in section 45-452, subsection H, section 45-513, subsection B and articles 5 and 6 of this chapter, a person may not withdraw groundwater from a nonexempt well in an active management area unless the person obtains a groundwater withdrawal permit from the director pursuant to this article. The categories of groundwater withdrawal permits are as follows:

1. Dewatering permits issued pursuant to section 45-513.

2. Mineral extraction and metallurgical processing permits issued pursuant to section 45-514.

3. General industrial use permits issued pursuant to section 45-515.

4. Poor quality groundwater permits issued pursuant to section 45-516.

5. Temporary permits issued pursuant to sections 45-517 and 45-518.

6. Drainage water permits issued pursuant to section 45-519.

7. Hydrologic testing permits issued pursuant to section 45-519.01.
A.R.S. § 45-2453 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2453
45-2453 Plan for additional storage facilities
Status: in_force

45-2453. Plan for additional storage facilities

A. If a storage facility inventory or an update concludes that additional storage facilities are necessary to meet the needs of the authority for the following ten years, the authority shall develop a plan for the development of additional storage facilities that specifies the type, location, date needed and capacity of additional storage facilities necessary to meet the needs of the authority.

B. In developing the plan for additional storage facilities, the authority shall consider all of the following:

1. The amount of additional storage capacity needed to meet the authority's water storage needs.

2. The advice of the department of water resources regarding where water storage would most contribute to meeting the water management objectives set forth in chapter 2 of this title.

3. The advice of CAWCD regarding the feasibility of delivering and storing central Arizona project water at any proposed storage facility.

4. The advice of the department of environmental quality regarding any potential adverse impacts from a proposed storage facility to landowners and water users in the vicinity of any proposed storage facility.

5. The potential costs to the authority of facilitating the construction or development of a proposed storage facility and the cost-effectiveness of any proposed storage facility.

6. Whether CAWCD or other entities would be willing to construct, maintain and operate any proposed storage facility.

7. The way in which water stored at a proposed storage facility could be used by the authority to achieve the policy and purposes of this chapter.

8. Any other factor the authority determines to be relevant.

C. Before adopting a plan for additional storage facilities, the authority shall prepare a draft plan for additional storage facilities. The authority shall solicit public comment on the draft plan for additional storage facilities by presenting the draft plan:

1. To the groundwater users advisory councils for the Tucson, Phoenix and Pinal active management areas. The presentation shall be made at publicly noticed open meetings of each advisory council at which members of the public shall be allowed to comment on the draft plan for additional storage facilities.

2. If any proposed storage facility is located outside of an active management area, to the county board of supervisors for each county in which a proposed facility is to be located. The presentation shall be made at a publicly noticed open meeting of the county board of supervisors at which members of the public shall be allowed to comment on the draft plan for additional storage facilities.

D. The authority may revise the draft plan for additional storage facilities based on the public comment received.

E. The authority shall adopt the plan for additional storage facilities if the authority determines that the plan, when implemented, will meet the needs of the authority for the following ten years. If adopting a plan for additional storage facilities, the authority shall adopt the plan within nine months of adopting the storage facility inventory or update.

F. The authority may modify an adopted plan for additional storage facilities after soliciting public comment on the modification in accordance with subsection C of this section.
A.R.S. § 45-1443 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1443
45-1443 Limitation on expenditure of funds
Status: in_force

45-1443. Limitation on expenditure of funds

A. The director shall not disburse any funds for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) until the legislature has appropriated funds to contribute toward the local cost of land, easements and rights-of-way for that project. The director shall not undertake the construction of flood control projects.

B. Prior to the federal government budgeting funds for the construction of a flood control project, the director may only disburse the state's portion of the costs incurred by a public agency in acquiring fee title to real property necessary for such project. At such times as the federal government does budget funds for the construction of any flood control project in this state, the director may then disburse the state's portion of the costs for easements and rights-of-way.

C. If a public agency receives the state's portion of costs for acquiring fee title to lands, easements and rights-of-way, which are subsequently found to be unnecessary for a flood control project, the public agency shall, within a reasonable time, sell such lands, easements and rights-of-way at fair market value and return to the state one-half the net amount of money realized from such sale after deducting direct expenses of the sale, or may retain such lands, easements or rights-of-way, and return to the state one-half of the fair market value of such lands, easements and rights-of-way.
A.R.S. § 45-551 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 551
45-551 Application of article; limitation on transportation to active management areas; definition
Status: in_force

45-551. Application of article; limitation on transportation to active management areas; definition

A. This article applies only to withdrawals of groundwater for transportation to active management areas.

B. Unless specifically authorized by this chapter, groundwater that is withdrawn in a groundwater basin or sub-basin outside of an initial active management area may not be transported directly or indirectly to an initial active management area.

C. Any transportation of groundwater that is authorized by this article is subject to payment of damages pursuant to section 45-545.

D. For purposes of this article, "transported indirectly" means through exchange, indirect recharge or any other method of providing water through reciprocation.
A.R.S. § 45-2451 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2451
45-2451 First year banking program
Status: in_force

45-2451. First year banking program

By July 1, 1997, the authority shall have used its best efforts to store pursuant to this chapter a minimum of one hundred thousand acre-feet of Colorado river water in this state. The annual report of the authority to the governor, the president of the senate and the speaker of the house of representatives due on August 1, 1997 shall report the amount of water stored since the effective date of this chapter and if one hundred thousand acre-feet of water have not been stored, the reasons why this goal has not been achieved.
A.R.S. § 45-318 — Arizona Code / Title 45 / Chapter 1 / Article 12 / Section 318
45-318 Cease and desist order; hearing; injunctive relief
Status: in_force

45-318. Cease and desist order; hearing; injunctive relief

A. If the director, or a local official designated pursuant to section 9-500.08 or 11-251.09, has reason to believe that a person is violating or has violated this article, the director or local official may give the person written notice that the person may appear and show cause at an administrative hearing to be held at least thirty days from the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. The decision and order of the director or the local official under subsection A of this section may take such form as the director or local official determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, a recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in superior court in the county in which the violation is alleged to have occurred.

C. If the person continues the violation after the director or local official has issued a final decision and order pursuant to subsection B of this section, the director or local official may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

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. § 45-567.02 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 567.02
45-567.02 Alternative conservation programs for agriculture; fourth management period
Status: in_force

45-567.02. Alternative conservation programs for agriculture; fourth management period

A. In addition to the provisions of the management plan for the fourth management period prescribed by section 45-567, subsection A, paragraph 1, the director shall include in the management plan the historic cropping program prescribed by this section as an alternative agricultural conservation program that achieves conservation equivalent to that required by section 45-567, subsection A, paragraph 1.

B. The director shall establish the components of the historic cropping program in the management plan for the fourth management period to assure that conservation equivalent to that required by section 45-567, subsection A, paragraph 1 will be achieved. In addition to the program components established by the director, the historic cropping program shall include the following provisions:

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

2. The director shall calculate the irrigation water duty in the same manner as that required by section 45-567, subsection A, paragraph 1 using an irrigation efficiency of seventy-five per cent. In areas deemed by the director to have limiting soils, the director may use an irrigation efficiency of seventy per cent for the water duty calculation.

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

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

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

C. In the management plan, the director shall establish criteria that the applicant shall satisfy to enter the historic cropping program to assure that conservation equivalent to that required by section 45-567, subsection A, paragraph 1 will be achieved. An owner of an irrigation grandfathered right may apply to participate in the historic cropping program by filing an application with the director. The director shall not approve an application for the historic cropping program unless the applicant satisfies the entrance criteria established by the director and the following conditions are satisfied:

1. The applicant's accumulation of credits in the applicant's flexibility account under section 45-467 is equal to or less than seventy-five per cent of the farm's maximum annual groundwater allotment established under section 45-567, subsection A, paragraph 1. To satisfy this requirement, the applicant may either sell or convey any excess credits as provided by section 45-467 or the applicant may relinquish any excess credits.

2. The applicant's accumulation of debits in the applicant's flexibility account under section 45-467 is equal to or less than twenty-five per cent of the farm's maximum annual groundwater allotment established under section 45-567, subsection A, paragraph 1.

D. In the management plan, the director shall establish performance standards that the owner of an irrigation grandfathered right or any person using groundwater pursuant to that right shall satisfy while participating in the historic cropping program to assure that conservation equivalent to that required by section 45-567, subsection A, paragraph 1 will be achieved. After an owner of an irrigation grandfathered right has been approved for participation in the historic cropping program, the owner of that right, and any person using groundwater pursuant to that right, shall meet both of the following conditions:

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

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

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

F. The director may include in the adoption of, or a modification to, the management plan for the fourth management period additional alternative agricultural conservation programs that the director determines achieve conservation that is at least equivalent to that required under section 45-567, subsection A, paragraph 1, including a cropped acreage program in which the maximum annual groundwater allotment is determined based on the crops grown during the calendar year in which the irrigation efficiency is applied.

G. The director shall include in the adoption of the management plan for the fourth management period a best management practices program that requires the owner of an irrigation grandfathered right and any person using groundwater pursuant to the right to implement specific agricultural conservation practices for water use on the land or farm unit to which the right is appurtenant in lieu of complying with an irrigation water duty and a maximum annual groundwater allotment.  The program shall be designed to achieve conservation that is at least equivalent to that required under section 45-567, subsection A, paragraph 1.
A.R.S. § 45-2242 — Arizona Code / Title 45 / Chapter 13 / Article 3 / Section 2242
45-2242 Functional powers of the board
Status: in_force

45-2242. Functional powers of the board

A. The board, for and in the name of the authority, may:

1. Lawfully acquire, sell, lease, exchange, occupy, manage, possess or otherwise dispose of real and personal property, easements and rights-of-way that are necessary or required for the uses and purposes of the authority.

2. Construct, maintain and operate all works and other property acquired and used for any of the projects owned by the authority.

3. Acquire, earn, hold, assign or otherwise dispose of long-term storage credits to the extent allowed under any provision of chapter 3.1 of this title.

4. Accept appointment or other authorization and act as agent of any authority member to acquire, transport, deliver, treat or recharge water or to engage in any activities prescribed in paragraph 3 of this subsection.

5. Acquire electricity or other forms of energy necessary to transport water or operate authority projects.

6. Subject to the requirements of section 45-2281, make grants to its members from the grant fund established in section 45-2281 to fund water acquisition, water reuse or water conservation programs proposed by authority members.

7. Plan, coordinate, construct, operate, maintain and dismantle water augmentation projects including treatment, recharge, underground storage and recovery and retention projects and, in conjunction with county flood control districts, flood control projects for water augmentation purposes.

8. Obtain grants and provide technical and financial assistance to authority members relating to the development of water supplies and water conservation plans.

9. With the permission of any affected authority member, negotiate with the United States in conjunction with the department regarding the administration, implementation or interpretation of:

(a) Colorado river water contracts of the authority.

(b) Subcontracts of the authority.

(c) Colorado river water contracts of authority members.

(d) Diversion of Colorado river water in the county in which the authority is formed.

10. Conduct any other activities that are reasonably necessary and related to the powers and duties described by this chapter.

B. The board may:

1. Apply for and hold, in its own name or on behalf of an authority member, any permits required by law to engage in the activities described in this chapter.

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

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

4. Institute and maintain actions and proceedings necessary to enforce, maintain, protect or preserve all contracts, subcontracts, rights, privileges and immunities created under or granted by this chapter.
A.R.S. § 45-1421 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1421
45-1421 Power of town of Holbrook to cooperate with federal government in flood control project
Status: in_force

45-1421. Power of town of Holbrook to cooperate with federal government in flood control project

A. In addition to the general powers vested in towns, the town of Holbrook is empowered to furnish to the secretary of defense such assurance of local cooperation as may be required, in conformity with the provisions of section 3 of the act of Congress approved December 22, 1944 (Public 534, 78th Congress, 2nd session), in connection with the construction, at the expense of the United States, as authorized by such act, of a project on the Little Colorado river for local flood protection at the town of Holbrook.

B. Pursuant to such powers the town of Holbrook is authorized to:

1. Acquire and provide without cost to the United States all lands, easements and rights-of-way necessary for the construction of the flood control project.

2. Bear the expense of all necessary utility relocations and such highway and highway bridge alterations as may be undertaken if and when it appears desirable to increase the water-carrying capacity under the bridge across the Little Colorado river or in the event a new bridge is constructed by the state.

3. Hold the United States free from claim for damages resulting from construction of the works and from allowing the highway bridge to remain in its present condition, including damage to the bridge, the levee and all other property which may be damaged.

4. Maintain and operate all works upon completion in accordance with regulations prescribed by the secretary of defense.

5. Establish and enforce flood-channel limits and regulations satisfactory to the secretary of defense for the protection of the flood-carrying capacity of the channel, either within or without the corporate limits of the town of Holbrook.

C. The common council of the town of Holbrook is authorized to levy taxes upon the real and personal property located within the town of Holbrook necessary to pay all costs and expenses incurred in carrying out the purposes of this section and in acquiring lands, easements and rights-of-way required for the construction of the project. The taxes shall be levied and collected as and when taxes are levied and collected for town purposes, and the receipts therefrom shall be placed in the town treasury in a fund to be known as the flood control project fund.
A.R.S. § 45-1221 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1221
45-1221 Cease and desist order; temporary cease and desist order; hearing; injunctive relief
Status: in_force

45-1221. Cease and desist order; temporary cease and desist order; hearing; injunctive relief

A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated a provision of this article or a license, rule or order issued or adopted pursuant to this article, the director may give the person written notice that the person may appear and show cause at an administrative hearing not less than thirty days from the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. If the director finds that a person is constructing, reconstructing, enlarging, repairing, altering, removing or using a dam without having first obtained the necessary approval of the director, the director may issue a temporary order for the person to cease and desist the construction, reconstruction, enlargement, repair, alteration, removal or use pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date and time when and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days of the date of the order unless the person consents to a longer period.

C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected 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 violation is alleged to have occurred.

D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section, the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

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.
A.R.S. § 45-552 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 552
45-552 Transportation of groundwater withdrawn in McMullen valley basin to an active management area; definitions
Status: in_force

45-552. Transportation of groundwater withdrawn in McMullen valley basin to an active management area; definitions

A. A city that purchased land before January 1, 1988 in the McMullen valley groundwater basin or a person who purchased land before January 1, 1988 that was in that basin and that was in the same county as an adjacent initial active management area, either directly or in exchange for central Arizona project water allocated for agricultural purposes, may transport groundwater from that land to an adjacent initial active management area for use by any city, town, private water company or groundwater replenishment district. A city, town, private water company or groundwater replenishment district that purchases any land in the McMullen Valley groundwater basin from that city or land that was in that basin and that was in the same county as an adjacent initial active management area from that person, either directly or in exchange for central Arizona project water allocated for agricultural purposes, may transport groundwater from that land to the adjacent initial active management area only for use by a city, town, private water company or groundwater replenishment district or the Arizona water banking authority pursuant to section 45-2491. The amount of groundwater that may be transported away from the basin shall be determined pursuant to subsection B of this section but shall not exceed:

1. In any year, two times the annual transportation allotment for the land determined pursuant to subsection B of this section.

2. For any period of ten consecutive years computed in continuing progressive series beginning in the year transportation of groundwater from the land begins, ten times the annual transportation allotment for the land determined pursuant to subsection B of this section.

3. Six million acre-feet in total.

B. The director shall determine the annual transportation allotment for land that is subject to this section as follows:

1. Determine each farm or portion of a farm on that land.

2. For each such farm or portion of a farm, determine the historically irrigated acres.

3. Multiply the sum of those historically irrigated acres for all such farms or portions of farms by three acre-feet per acre.

C. In an initial active management area, for purposes of determining whether to issue a certificate of assured water supply or to designate or redesignate a city, town or private water company as having an assured water supply, pursuant to section 45-576, based in whole or in part on groundwater transported from the groundwater basin under this section, the director shall consider only the amount of groundwater that can be withdrawn in the groundwater basin from a depth to one thousand two hundred feet at the site or sites of the proposed withdrawals at a rate that, when added to the existing rates of withdrawal in the area, is not expected to cause the groundwater table at the site or sites to decline more than an average of ten feet per year during the one hundred year evaluation period and does not exceed forty per cent of the groundwater that can be withdrawn in the groundwater basin, less the sum of the following amounts of groundwater in the groundwater basin:

1. The total amount on which the director has already based certificates or designations of assured water supply in an initial active management area.

2. The total amount transported to an initial active management area for other purposes.

D. For the purposes of this section:

1. Land that is owned by a city, town, private water company or groundwater replenishment district includes land that is owned indirectly through a nonprofit corporation or other entity that is owned or controlled by the city, town, private water company or groundwater replenishment district.

2. "Historically irrigated acres" means land overlying an aquifer that was irrigated with groundwater from that aquifer before January 1, 1988.

3. "Person" means person as defined in section 45-402 and a person who purchased land before January 1, 1988 includes any successor in interest of that person if the successor acquires an interest in the land by means of either of the following:

(a) Inheritance, devise or intrafamily gift or conveyance directly or in trust.

(b) The reorganization of a closely held corporation, a partnership or a limited liability company that is and remains owned by or controlled by or for the benefit of individuals related to that person.
A.R.S. § 45-479 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 479
45-479 Registry of applications; written objections; request for hearing
Status: in_force

45-479. Registry of applications; written objections; request for hearing

A. The director shall establish a registry of all applications received for a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right for each active management area. After the deadline for the filing of applications for a certificate of grandfathered right has passed, the director shall notify all applicants for a certificate of grandfathered right that the registry is available in the offices of the department for public inspection during regular business hours.

B. Within one hundred eighty days of the date of the notice required by subsection A of this section, any person residing in the active management area may file a written objection to any application for a certificate of grandfathered right and may request a hearing on the application. Objections may be made only on the basis that the information in the application is incorrect or is insufficient to issue a certificate.

C. This section does not apply to late applications for certificates of grandfathered rights filed pursuant to section 45-476.01.
A.R.S. § 45-1971 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1971
45-1971 Administrative and operation budgets
Status: in_force

45-1971. Administrative and operation budgets

A. On or before July 1 of each year the authority shall adopt an administrative budget for the succeeding fiscal year. The budget shall consist of a complete statement of administrative expenditures from the general fund during the past fiscal year and an estimate of the different amounts that may be deemed necessary to meet administrative requirements of the authority for the next fiscal year, fixing the amounts proposed for all recurring items of expense and an amount for contingencies or emergencies. No administrative expenditures may be made in excess of the total amount of the budget. Economies resulting in remaining balances for any fiscal year shall be available for subsequent administrative or operating purposes.

B. The authority shall also prepare an operation budget for each fiscal year covering operations and including capital items. The budget shall consist of a full and complete statement of all incoming receipts and expenditures for the past fiscal year and an estimate of anticipated income and expenditures for the next fiscal year. The budget shall also give a complete asset and liability statement and statement of profit and loss, together with an itemized statement of cash on hand, commitments, reserves and obligations anticipated for the next fiscal year, together with such other information as will give a full and complete disclosure of the current financial condition of the authority.

C. The authority shall transmit copies of the budget to each operating unit and the director of water resources.
A.R.S. § 45-477 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 477
45-477 Right to withdraw, receive or use groundwater in an initial active management area
Status: in_force

45-477. Right to withdraw, receive or use groundwater in an initial active management area

A person shall not withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered right unless the certificate of grandfathered right has been issued or the application for the certificate of grandfathered right has been filed and is the subject of administrative or judicial review.
A.R.S. § 45-473 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 473
45-473 Conveyance of type 1 non-irrigation grandfathered right; use by new owner; appurtenancy; within service area; outside service area; definition
Status: in_force

45-473. Conveyance of type 1 non-irrigation grandfathered right; use by new owner; appurtenancy; within service area; outside service area; definition

A. The owner of a type 1 non-irrigation grandfathered right may convey the right only for a non-irrigation use and only with the land to which it is appurtenant. For purposes of this section, a type 1 non-irrigation grandfathered right means a non-irrigation grandfathered right associated with retired irrigated land pursuant to section 45-463 or 45-469 or an irrigation grandfathered right which was conveyed for a non-irrigation use pursuant to section 45-472.

B. If a type 1 non-irrigation grandfathered right is conveyed, the full amount of the right is conveyed.

C. If the land to which a type 1 non-irrigation grandfathered right is appurtenant is within the exterior boundaries of the service area of a city, town or private water company, the amount of groundwater conveyed pursuant to the right may be withdrawn by the new owner of the right only from the land to which the right is appurtenant subject to subsection F of this section. The groundwater may be used on the land to which the right is appurtenant, but may not be used on other land unless the use on other land was commenced prior to the date of the designation of the active management area or was commenced by the original owner of the right pursuant to a development plan filed with the director prior to the inclusion of the land within the exterior boundaries of the service area of the city, town or private water company.

D. If the land to which the type 1 non-irrigation grandfathered right is appurtenant is outside of the exterior boundaries of the service area of a city, town or private water company, the amount of groundwater conveyed pursuant to the right 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, and to subsection F of this section. 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.

E. If groundwater was delivered by an irrigation district to the previous owner of a type 1 non-irrigation grandfathered right, the irrigation district may continue to deliver groundwater pursuant to the right to the new owner of the right.

F. The new owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 shall not withdraw or use groundwater pursuant to the portion of the type 1 non-irrigation grandfathered right that is appurtenant to land which the new owner may irrigate with effluent under section 45-452, subsection J.

G. For purposes of this section, "land to which the right is appurtenant" means the acre or group of contiguous acres conveyed with a type 1 non-irrigation grandfathered right.
A.R.S. § 45-636 — Arizona Code / Title 45 / Chapter 2 / Article 12 / Section 636
45-636 Violation; classification
Status: in_force

45-636. Violation; classification

A. Unless otherwise specified, a person who knowingly violates or refuses to comply with a provision of this chapter or a permit, rule, regulation or order issued or adopted pursuant to this chapter is guilty of a class 2 misdemeanor. A person who, after notice of violation, continues in violation of a provision of this chapter or a permit, rule, regulation or order issued or adopted pursuant to this chapter is guilty of a separate offense for each day of violation.

B. A person who knowingly falsifies or renders inaccurate a measuring device required to be installed or maintained under this chapter is guilty of a class 6 felony.

C. A person who knowingly and intentionally withdraws or uses groundwater in violation of this chapter is guilty of:

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

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

3. A class 3 misdemeanor if the amount of groundwater illegally withdrawn or used is one hundred acre-feet or less.
A.R.S. § 45-2604 — Arizona Code / Title 45 / Chapter 15 / Article 1 / Section 2604
45-2604 Conservation requirements for persons using groundwater in central protection zone no less restrictive than in third management plan
Status: in_force

45-2604. Conservation requirements for persons using groundwater in central protection zone no less restrictive than in third management plan

Notwithstanding any other law, beginning on the effective date of this section, when adopting or modifying a management plan for the Pinal active management area pursuant to chapter 2, article 9 of this title, the conservation requirements adopted by the director for persons using groundwater within the central protection zone shall be no less restrictive than the conservation requirements for persons using groundwater within the central protection zone as established in the management plan for the Pinal active management area for the third management period in effect on January 1, 2005 or as adjusted after that date as a result of judicial review or administrative review pursuant to section 45-570 or 45-575.
A.R.S. § 45-515 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 515
45-515 General industrial use permits; conditions for issuance; duration of permit
Status: in_force

45-515. General industrial use permits; conditions for issuance; duration of permit

A. Except as provided in subsection D of this section, the director shall issue a permit to withdraw groundwater from a point outside of the exterior boundaries of the service area of a city, town or private water company for a general industrial use outside of the exterior boundaries of such service area if the director determines that all of the following apply:

1. Uncommitted municipal and industrial central Arizona project water is not available at the point where the operator's wellhead or distribution system would otherwise be, at a cost which does not exceed the current municipal and industrial central Arizona project rates.

2. Other surface water of adequate quality or effluent of adequate quality is not available at the point where the operator's wellhead or distribution system would otherwise be, at a cost, including treatment costs, which does not exceed by twenty-five per cent the cost the operator would otherwise incur in withdrawing groundwater.

3. Irrigation grandfathered rights appurtenant to acres of land in reasonable proximity to the intended general industrial use are not available for purchase at a reasonable price or cannot be acquired by eminent domain and the applicant does not own or lease grandfathered rights that the applicant is not using or leasing, that may be used for the intended general industrial use and that can be used for the intended general industrial use without imposing an unreasonable economic burden on the applicant.

4. The intended general industrial use, if located within three miles of the exterior boundaries of the service area of a city, town or private water company, has been denied service by the city, town or private water company at the customary rate in the customary manner. The requirement of this paragraph does not apply to an expanded animal industry use.

5. The management plan for the active management area can be adjusted to accommodate the intended general industrial use consistent with the achievement of the management goal for the active management area.

6. There is an assured water supply for the intended use at the intended point of withdrawal. The director may waive this requirement if the director is unable to determine if there is an assured water supply because of hydrogeologic conditions underlying the point of withdrawal. For purposes of this section, "assured water supply" means that sufficient groundwater of adequate quality will be available to the applicant to satisfy the projected general industrial use for the duration of the permit.

7. If a new well or replacement well at a new location is to be constructed, a permit for the well has been issued pursuant to section 45-599.

B. 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.

C. If, during the life of the permit, the director determines that uncommitted municipal and industrial central Arizona project water is available or other water or effluent of adequate quality is available at a cost comparable to groundwater, the director may require the permittee to use such water in lieu of groundwater.

D. 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 general industrial use 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 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 45-676, does not have a debit balance in an amount in excess of the amount allowed under section 45-576.01, paragraph 3.
A.R.S. § 45-103 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 103
45-103 Scope of authority and responsibility of department and director
Status: reserved

45-103. Scope of authority and responsibility of department and director

A. The department, through the director, succeeds to the authority, powers, duties and responsibilities of the Arizona water commission and the state water engineer relating to surface water, groundwater and dams and reservoirs.

B. The director has general control and supervision of surface water, its appropriation and distribution, and of groundwater to the extent provided by this title, except distribution of water reserved to special officers appointed by courts under existing judgments or decrees.
A.R.S. § 45-1213 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1213
45-1213 Inspection upon complaint
Status: in_force

45-1213. Inspection upon complaint

Upon receipt of a written complaint that the person or property of the complainant is endangered by any dam, the director shall inspect such dam unless his records disclose that the complaint is without merit. If the complainant insists upon an inspection and deposits with the director an amount sufficient to cover costs of inspection, the inspection shall be made. If an unsafe condition is found, the director shall cause it to be corrected, and the deposit shall be returned. If the complaint was without merit the deposit shall be paid into the general fund.
A.R.S. § 45-464 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 464
45-464 Type 2 non-irrigation grandfathered right not associated with retired irrigated land; determination of amount; definition; ownership
Status: in_force

45-464. Type 2 non-irrigation grandfathered right not associated with retired irrigated land; determination of amount; definition; ownership

A. In an active management area, a person who owns land from which groundwater was being legally withdrawn and used for a non-irrigation purpose as of the date of the designation of the active management area has the right to withdraw annually:

1. If the person holds a certificate of exemption, the greater of:

(a) The amount of groundwater established in proceedings on the application for certificate of exemption, subject to any modification as a result of a finding on appeal of a factual mistake by the state land department or Arizona water commission in computing the amount of the authorized withdrawal, less the amount of any right obtained by the person pursuant to section 45-463.

(b) The maximum amount of groundwater legally withdrawn from such land and used by the person in any one of the five years preceding the date of the designation of the active management area, less the amount of any right obtained by the person pursuant to section 45-463.

2. If the person does not hold a certificate of exemption, the maximum amount of groundwater legally withdrawn from such land and used by the person withdrawing the groundwater in any one of the five years preceding the date of the designation of the active management area, less the amount of any right obtained pursuant to section 45-463 by the person withdrawing groundwater from such land which has not been subtracted by the person withdrawing the groundwater in calculating the amount of another right pursuant to this section.

B. If the calculation in subsection A of this section results in an amount greater than zero, that amount is a grandfathered right in addition to any right obtained pursuant to section 45-463.

C. For the purposes of this section, "person" includes:

1. A city, town or private water company which owns land outside of the service area of such city, town or private water company from which groundwater was being legally withdrawn for a non-irrigation use as of the date of the designation of the active management area.

2. A city, town or private water company withdrawing groundwater from within its service area pursuant to a certificate of exemption.

3. Any other non-irrigation user.

D. If a person has been using groundwater for less than one year during the twelve months immediately preceding the date of the designation of the active management area, the amount of the grandfathered right pursuant to this section is the annual amount determined by the director to be reasonable for a full year to meet the requirements for a facility owned by such person in existence as of the date of the designation of the active management area.

E. If a person has received a certificate of environmental compatibility pursuant to title 40, chapter 2, article 6.2 for the construction of an electrical generating facility within a subsequent active management area for which expenditures or financial commitments for land acquisition, water development, materials, construction or engineering in excess of five hundred thousand dollars have been made before the date of the notice of the initiation of designation procedures or the call for the election for the area, the amount of the grandfathered right pursuant to this section is the annual amount determined by the director to be reasonable to meet the operational requirements for the facility for a full year.

F. The right to withdraw groundwater pursuant to this section is a non-irrigation grandfathered right not associated with retired irrigated land, or a type 2 non-irrigation grandfathered right.

G. A type 2 non-irrigation grandfathered right may be leased. Except as provided in subsection H of this section, the owner or lessee of a type 2 non-irrigation grandfathered right may withdraw groundwater pursuant to the right only from a location within the same active management area in which the certificate of grandfathered right is issued.

H. Beginning July 1, 1994, the holder of a type 2 non-irrigation grandfathered right issued in the Tucson active management area prior to July 1, 1994, may withdraw groundwater pursuant to the right only from a location within the same active management area in which the well or wells listed on the certificate of grandfathered right on July 1, 1994, are located. If no well is listed on the certificate of grandfathered right on July 1, 1994, the holder of the right may withdraw groundwater pursuant to the right only from a location within the same active management area in which the land from which the originating withdrawals were made is located. For purposes of this subsection, the term "originating withdrawals" means the withdrawals of groundwater on which the issuance of a type 2 non-irrigation grandfathered right was based.

I. If the user of a type 2 non-irrigation grandfathered right is different from the owner of the right, either the owner, or the user of the right on behalf of the owner, may apply for a certificate of grandfathered right pursuant to section 45-476.
A.R.S. § 45-351 — Arizona Code / Title 45 / Chapter 1 / Article 15 / Section 351
45-351 Watershed improvement program; purpose; projects; funding
Status: in_force

45-351. Watershed improvement program; purpose; projects; funding

A. The watershed improvement program is established in the department under the authority of the director for the purpose of selective control, reduction or removal of noxious brush and other vegetation and for the revegetation of land on which brush and vegetation has been controlled, reduced or removed.

B. The watershed improvement program may provide funding for projects that are designed to control, reduce or remove brush from a watershed or a portion of a watershed, consistent with the purposes of the program.

C. Any person, organization or political subdivision is eligible to apply for project funding from the program.

D. The watershed improvement program shall be funded from any monies made available for that purpose from the Arizona water protection fund established by section 45-2111, from any monies made available for that purpose from the department and from any other monies received by the program.
A.R.S. § 45-1901 — Arizona Code / Title 45 / Chapter 11 / Article 1 / Section 1901
45-1901 Definitions
Status: in_force

45-1901. Definitions

In this chapter, unless the context otherwise requires:

1. "Active management area" means an active management area established under chapter 2 of this title.

2. "Authority" means a county water augmentation authority established under this chapter.

3. "Board" means the board of directors of the authority.

4. "County" means the county containing over fifty per cent of the area of the authority.

5. "Operating unit" means a county, city, town, water company or political subdivision, this state, the United States, an Indian tribe or any other public or private entity with which an authority has a contractual relationship for the acquisition, delivery, exchange, treatment, storage or recharge of water.

6. "Project" means a facility necessary or convenient to obtain, divert, withdraw, transport, exchange, deliver, treat or recharge water, including rights-of-way, real and personal property, interests in property and improvements to property that are necessary or appropriate to maintain and operate the facilities.

7. "Water company" means either a private water company as defined in section 45-402 or an irrigation district that primarily serves municipal water.
A.R.S. § 45-2652 — Arizona Code / Title 45 / Chapter 15 / Article 6 / Section 2652
45-2652 Cease and desist order; hearing; injunctive relief
Status: in_force

45-2652. Cease and desist order; hearing; injunctive relief

A. If the director has reason to believe that a person is violating or has violated this chapter or an order issued pursuant to this chapter, the director may give the person written notice that the person may appear and show cause at an administrative hearing in the county in which the violation is alleged to have occurred why the person should not be ordered to cease and desist from the violation.

B. The decision and order of the director under this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation.  The person affected 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 violation is alleged to have occurred.

C. If the person continues the violation after the director has issued a final decision and order pursuant to subsection B of this section, the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court in the county in which the violation is alleged to have occurred according to the Arizona rules of civil procedure.  A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

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. § 45-1712 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1712
45-1712 Agreement of state
Status: in_force

45-1712. Agreement of state

The state of Arizona does pledge to and agree with the holders of the bonds and notes that the state will not limit or alter the rights hereby vested in the director and the authority to maintain, reconstruct and operate the projects included in the state water and power plan, and to establish and collect such charges, fees and rentals as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of the bonds and notes, or in any way impair the rights and remedies of the bondholders or noteholders, until the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders and noteholders, are fully met and discharged. The authority as agent for the state is hereby authorized to include this pledge and undertaking by the state in its resolutions and indentures securing the bonds and notes.
A.R.S. § 45-108.04 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 108.04
45-108.04 Definition of adequate water supply; upper San Pedro water district
Status: in_force

45-108.04. Definition of adequate water supply; upper San Pedro water district

For the purposes of section 45-108, if the upper San Pedro water district is established under title 48, chapter 37 for proposed uses in the district, "adequate water supply" means a water supply that complies with all of the following:

1. Sufficient groundwater, surface water or effluent of adequate quality will be continuously, legally and physically available to satisfy the water needs of the proposed use for at least one hundred years.

2. The projected water use is consistent with the goal of the district as set forth in section 48-6403, subsection B and the district's ability to meet the measurable objectives for achieving the goal as included in the district's most recent comprehensive plan, as determined by the director.  If the district is established, the director shall adopt rules containing criteria for making determinations under this paragraph and shall consult with the district board in developing the rules.

3. The financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use, including a delivery system and any storage facilities or treatment works. The director may accept evidence of the construction assurances required by section 9-463.01, 11-823 or 32-2181 to satisfy this requirement.
A.R.S. § 45-1331 — Arizona Code / Title 45 / Chapter 7 / Article 4 / Section 1331
45-1331 Allocation of federal payments made in lieu of taxes
Status: in_force

45-1331. Allocation of federal payments made in lieu of taxes

A. When payments are made by the United States, its agencies or instrumentalities to this state in lieu of taxes from the proceeds of any hydroelectric power development on the Colorado river, within the state or on the boundary thereof, pursuant to an act of Congress accepted by the state or otherwise, such payments shall be distributed sixty-six and two-thirds per cent to the state and thirty-three and one-third per cent to the county in which the federal property to which the payment relates is located. If the property to which the lieu payment relates is located in more than one county, the allocation shall be made on the basis of the value of the federal property in each such county, to be determined by the department of revenue.

B. Upon receipt of such payments the state treasurer shall distribute two thirds to the state general fund and the portion allocated to each county shall be placed in a special fund of such county to be used for recreational facilities, access roads and public works. Such special fund shall not be used to reduce the tax rate of such county.
A.R.S. § 45-461 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 461
45-461 Definitions
Status: in_force

45-461. Definitions

In this article, unless the context otherwise requires:

1. "Certificate of exemption" means a certificate which was issued by the state land department or Arizona water commission under prior statutory law for the purpose of describing specific uses and amounts of water which could not be enjoined if found to constitute the transfer or transportation of groundwater.

2. "Development plan" means a plan for the non-irrigation use of land in connection with which land has been or will be retired from irrigation for the bona fide purpose of conserving or using water for such non-irrigation use which would otherwise be used to irrigate the retired land.

3. "Owner" means:

(a) With respect to an irrigation grandfathered right or a type 1 non-irrigation grandfathered right, the owner of the land to which the right is appurtenant.

(b) With respect to a type 2 non-irrigation grandfathered right, the holder of the certificate of type 2 non-irrigation grandfathered right.

4. "Protected farmland" means land that has been designated by the director as protected farmland pursuant to section 45-483, subsection A and for which the designation has not been revoked by the director pursuant to section 45-483, subsection C.

5. "Same ownership" means ownership by the same person or entity or by successor persons or entities as a result of succession to heirs and personal representatives, corporate and partnership reorganizations, mergers, dissolutions, divestitures, partnerships, partitions, joint ventures, foreclosures, receivership or bankruptcy, purchase of capital stock, sale pursuant to United States Code, title 11, or similar succession, but not by outright sale to a bona fide purchaser for value where no portion of or beneficial interest in the successor in interest is retained by the original owner, its shareholders, partners, limited partners or beneficiaries.

6. "Water duty acres" means the acres of land in a farm, as determined pursuant to section 45-465, subsection B, which are used in calculating the maximum amount of groundwater which may be used pursuant to an irrigation grandfathered right.
A.R.S. § 45-188 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 188
45-188 Future rights acquired through appropriation; rights within service area of agricultural or municipal provider
Status: in_force

45-188. Future rights acquired through appropriation; rights within service area of agricultural or municipal provider

A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation and evidenced by a certificate of water right issued under article 5 of this chapter, a court decree, or previous possession or continued beneficial use and who intentionally abandons the use thereof or who voluntarily fails, without sufficient cause, to beneficially use all or any part of the right to withdraw for any period of five successive years shall relinquish such right or portion thereof. The rights relinquished shall revert to the state, and the waters affected by such rights shall become available for appropriation to the extent they are not lawfully claimed or used by existing appropriators.

B. If a use or claim is subject to forfeiture by nonuse, failure by the appropriator to use water within a five year period does not result in a forfeiture of the associated water right if water use is resumed before the occurrence of the earlier of any of the following:

1. The initiation of proceedings pursuant to section 45-189 to determine whether the right has been forfeited or abandoned.

2. The filing by a third party of a statement of claimant in a general adjudication instituted pursuant to article 9 of this chapter that asserts the right to use water from the stream in which the subject nonuse has occurred.

3. The assertion by a third party of written objections in response to an application by the appropriator to sever and transfer the right pursuant to section 45-172.

C. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.
A.R.S. § 45-271 — Arizona Code / Title 45 / Chapter 1 / Article 10 / Section 271
45-271 Definition of stockpond
Status: in_force

45-271. Definition of stockpond

In this article, unless the context otherwise requires, "stockpond" means a pond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife. "Stockpond" shall not include a pond of any capacity used primarily for fishing or for the culturing of fish.
A.R.S. § 45-892.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 892.01
45-892.01 Definitions
Status: in_force

45-892.01. Definitions

In this article, unless the context otherwise requires:

1. "Excess central Arizona project water" means central Arizona project water that in any year would otherwise not be delivered to central Arizona project subcontractors or their designees.

2. "Project permits" means permits obtained under articles 2 and 3 of this chapter for the purposes of operating a state demonstration project.

3. "State demonstration project" means a project for the storage of excess central Arizona project water at an underground storage facility pursuant to permits issued under this chapter and in accordance with this article.
A.R.S. § 45-155 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 155
45-155 Requiring additional information on application
Status: in_force

45-155. Requiring additional information on application

A. Before approving or rejecting the application, the director may require additional information to enable it to protect properly the public interest and may, on applications proposing to divert more than ten cubic feet of water per second, require a statement of the following facts:

1. If a corporation, a copy of the articles of incorporation, the names and residences of directors and officers and the amount of its authorized and paid-up capital.

2. If not a corporation, the name of the party proposing to construct the works and a disclosure of the party's financial ability to complete the proposed work.

B. The director may also require the applicant to show that the proposed diversion of water will not conflict with vested rights.
A.R.S. § 45-1701 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1701
45-1701 Declaration of purpose and policy
Status: in_force

45-1701. Declaration of purpose and policy

The legislature declares and finds:

1. That the development of an adequate supply of water for agriculture, municipal, industrial and fish and wildlife uses within the state of Arizona is vital for the well being, health and prosperity of the people of the state.

2. That the state's right and obligation to receive two million eight hundred thousand acre feet of main stream Colorado river water annually having been confirmed by the United States supreme court in Arizona v. California, 376 U.S. 340 (1964) [84 S.Ct. 755], it is essential to the continued well-being, health and prosperity of the people of the state that the state proceed promptly to establish, develop and execute an appropriate program for the development and utilization of such water.

3. That the development of the state's power resources is an essential and integral part of the effectuation of such program, including the financing thereof.

4. That such power resources and the use of the energy therefrom must be developed in order to provide effective support for and implementation of the state's water program and to promote the general welfare, health, safety and prosperity of the people of the state.
A.R.S. § 45-574 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 574
45-574 Variances; application; notice; hearing; issuance
Status: in_force

45-574. Variances; application; notice; hearing; issuance

A. A person who requires additional time to comply with 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 apply to the director for a variance from the water duty or requirement within ninety days from the date of notice of the water duty or requirement. The application shall include the following:

1. The name and mailing address of the applicant.

2. The name of the active management area in which the use is located.

3. The amount of groundwater currently being withdrawn annually by the person.

4. The irrigation water duty or conservation requirement from which the variance is sought.

5. A general description of the economic circumstances preventing timely compliance with the irrigation water duty or conservation requirement and any information relevant to such circumstances.

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

7. Such other information as the director may require.

B. The director shall give written notice to the applicant 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.

C. The director may grant a variance upon a showing of compelling economic circumstances. The variance shall specify:

1. The amount of groundwater which may be withdrawn by the person during the variance period, or a schedule of intermediate water duties or conservation requirements to be reached at specified intervals during the variance period.

2. The duration of the variance, which may not exceed five years from the date of the director's final determination of the variance.

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 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. § 45-494 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 494
45-494 Withdrawals by irrigation districts in initial active management areas
Status: in_force

45-494. Withdrawals by irrigation districts in initial active management areas

In an initial active management area established pursuant to section 45-411:

1. An irrigation district existing and engaged in the withdrawal, delivery and distribution of groundwater as of January 1, 1977 shall have the right, subject to section 45-496 and section 45-493, subsection D:

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

(b) If legally withdrawing and transporting groundwater from outside its service area for use within its service area as of January 1, 1977, to continue to withdraw and transport the amount of groundwater legally being withdrawn as of January 1, 1977.

2. An irrigation district that was not engaged in the withdrawal, delivery and distribution of groundwater as of January 1, 1977 shall be limited to the right, subject to section 45-496, to:

(a) Contract for surface water from a multi-county water conservation district and deliver and distribute such water within its service area for irrigation purposes.

(b) If, as of January 1, 1983, the district had been recommended by the director to receive an allocation of municipal and industrial water from the central Arizona project, contract for surface water from a multi-county water conservation district and deliver such surface water to cities, towns or private water companies for municipal, industrial and domestic purposes, subject to the following conditions:

(i) The cities, towns and private water companies shall distribute the water within the boundaries of the district in effect as of the date of validation of the district's central Arizona project subcontract.

(ii) In contracting for the delivery of such surface water, the district shall offer the water, first, to cities and towns that distribute water to land within the boundaries of the district or to land adjacent or contiguous to the district and, second, if the cities or towns are unwilling or unable to take and distribute such surface water, to private water companies within the boundaries of the district that have not been recommended to receive or have not received an allocation of municipal and industrial water from the central Arizona project.

(iii) Notwithstanding article 5 of this chapter, the original owner and any new owner of a type 1 non-irrigation grandfathered right created pursuant to section 45-469 that is appurtenant to land in the district to which such surface water is distributed by a city, town or private water company may use groundwater withdrawn pursuant to that right only on the land to which the right is appurtenant.

(iv) The district may amend its contract, or execute a new contract, with the United States secretary of the interior and a multi-county water conservation district to provide for the conversion of irrigation water deliveries to municipal and industrial water deliveries as provided by law and pursuant to the secretary's regulations relating to conversion, but such amendment may be made or new contract executed only if the amount of municipal and industrial water for which the district would qualify by conversion of lands from irrigation to non-irrigation uses exceeds the secretary's initial express allocation of municipal and industrial water to the district for the year 2034 and only to the extent of the excess.

(v) Such surface water shall not be distributed by any city, town or private water company to any land with respect to which an allocation of municipal and industrial water from the central Arizona project has been made or recommended for some person other than the district.

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

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

(e) Continue but not expand any non-irrigation water service being lawfully provided as of the date of the designation of the active management area, except as provided in subdivision (b) of this paragraph and in section 45-497, subsection B.
A.R.S. § 45-1603 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1603
45-1603 Application fee; statement accompanying application
Status: in_force

45-1603. Application fee; statement accompanying application

A. At the time of applying for the license, the applicant shall pay to the director a fee of one hundred dollars, and shall file an application in the form prescribed by the director and furnish a statement showing:

1. The name and address of the applicant.

2. The names of the operating personnel, and if unincorporated all individuals connected with the organization, or if a corporation the names of each of the officers and directors thereof, together with the address of each.

3. The scientific qualifications of all operating or supervising personnel.

4. A statement of all other contracts completed or in process of completion at the time the application is made, giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted.

5. Methods of operation the licensee will use and the description of the aircraft, ground and meteorological services to be utilized.

6. Names of the contracting parties within the state, including:

(a) The area to be served.

(b) The months in which operations will be conducted.

(c) The dates when evaluations will be submitted.

B. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117.
A.R.S. § 45-559 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 559
45-559 Well spacing requirements for withdrawing groundwater for transportation to an active management area
Status: in_force

45-559. Well spacing requirements for withdrawing groundwater for transportation to an active management area

Except as provided in section 45-554, subsection A and except for groundwater withdrawn and transported pursuant to section 45-555, subsections E and F, a person may not use a well constructed after September 21, 1991 for the purpose of withdrawing groundwater for transportation to an active management area pursuant to article 8.1 of this chapter unless the person wishing to use the well for that purpose applies to the director for approval and the director approves the application. The director shall approve the application if the director determines that the withdrawals for that purpose will not unreasonably increase damage to surrounding land or other water users from the concentration of wells. In making this determination, the director shall follow the criteria for proposed withdrawals in the rules adopted pursuant to section 45-598, subsection A.
A.R.S. § 45-613 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 613
45-613 Use of withdrawal fees collected for augmentation and conservation and purchase and retirement of grandfathered rights, Arizona water banking purposes and groundwater and irrigation efficiency projects
Status: in_force

45-613. Use of withdrawal fees collected for augmentation and conservation and purchase and retirement of grandfathered rights, Arizona water banking purposes and groundwater and irrigation efficiency projects

A. Except as provided in section 45-615, paragraph 2 and sections 45-1972 and 48-4504, monies collected in an active management area for purposes of augmentation, conservation assistance and monitoring and assessing water availability under section 45-611, subsection A, paragraph 2 and subsection C, paragraph 2 shall be used only to finance the augmentation and conservation assistance programs that are part of the management plan for the active management area and to fund any projects that are authorized by the director for monitoring and assessing water availability within the active management area.

B. Monies collected in an active management area for the purpose of purchasing and retiring grandfathered rights under section 45-611, subsection A, paragraph 3 and subsection C, paragraph 4 shall be used only to finance the program for the purchase and retirement of grandfathered rights that is part of the management plan for the active management area.

C. Monies collected in an active management area for the purpose of Arizona water banking under section 45-611, subsection C, paragraph 3 shall be used only for the benefit of the active management area in which they are collected.

D. Except as provided in section 45-615.01, subsection G, monies collected in the Pinal active management area for the purpose of groundwater and irrigation efficiency projects under section 45-611, subsection C, paragraph 5 shall be used only to finance projects for the construction and rehabilitation of wells and related infrastructure for the withdrawal and efficient delivery of groundwater by irrigation districts in the Pinal active management area.
A.R.S. § 45-896.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 896.01
45-896.01 Assumption of responsibility for stored water
Status: reserved

45-896.01. Assumption of responsibility for stored water

A. Notwithstanding section 45-895.01, if a groundwater replenishment district is established pursuant to title 48, chapter 27 on or before July 1, 1996 in the Phoenix active management area:

1. The multi-county water conservation district and the groundwater replenishment district shall share equally any water that is stored in a state demonstration project in that active management area.  The shares shall be calculated after the director has determined the amount of stored water to be reserved pursuant to paragraph 2 of this subsection.

2. The director shall determine the quantity of any water that is stored for the benefit of municipal and industrial users that are not member lands or member service areas of the multi-county water conservation district and that are located in Maricopa county and the right to use that amount of water is reserved to those municipal and industrial users.  Those municipal and industrial users may recover and use the water as otherwise provided by statute or rule but shall apply to the multi-county water conservation district for the use of the water.

3. On or before December 31, 1996, unexpended and unencumbered monies, liabilities, facilities and equipment of a state demonstration project shall be transferred to the multi-county water conservation district and the groundwater replenishment district in equal shares.

B. Notwithstanding section 45-895.01, if a permanent active management area water district is established pursuant to title 48, chapter 28 on or before July 1, 1996 in the Tucson active management area:

1. The multi-county water conservation district and the active management area water district shall share equally any water that is stored in a state demonstration project located in that active management area. The shares shall be calculated after the director has determined the amount of stored water to be reserved pursuant to paragraph 2 of this subsection.

2. The director shall determine the quantity of any water that is stored for the benefit of municipal and industrial users that are not member lands or member service areas of the multi-county water conservation district and that are located in Pima county and the right to use that amount of water is reserved to those municipal and industrial users.  Those municipal and industrial users may recover and use the water as otherwise provided by statute or rule but shall apply to the multi-county water conservation district for the use of the water.

3. On or before December 31, 1996, unexpended and unencumbered monies, liabilities, facilities and equipment of a state demonstration project shall be transferred to the multi-county water conservation district and the active management area water district in equal shares.

C. Notwithstanding section 45-895.01 and only to the extent that subsection A or B of this section does not apply:

1. Not later than December 31, 1996, facilities, equipment and liabilities of a state demonstration project located in a multi-county water conservation district shall be transferred to the multi-county water conservation district.

2. The multi-county water conservation district shall use the monies in the state water storage fund established by section 45-897.01 to expediently store water and construct underground storage facilities until that fund is exhausted.

3. On July 1, 1996 the multi-county water conservation district shall assume responsibility for water that is stored by that date in a state demonstration project located in the district.  The water shall be used for the benefit of member lands or member service areas of the multi-county water conservation district that are located in the active management area in which the water was originally stored.

4. Periodically after July 1, 1996, until the state water storage fund is exhausted, the director shall determine the quantity of water that has been stored with the use of monies from the state water storage fund for the benefit of municipal and industrial users that are located in Maricopa or Pima county but that are not member lands or member service areas of the multi-county water conservation district.  The director shall transfer those quantities of long-term storage credits to the Arizona water banking authority. The Arizona water banking authority shall use the long-term storage credits transferred pursuant to this paragraph in accordance with section 45-2457, subsection B, paragraph 7.

5. Long-term storage credits that are earned after July 1, 1996 with the use of monies in the state water storage fund established by section 45-897.01 and that are not transferred to the Arizona water banking authority pursuant to paragraph 4 of this subsection shall be transferred to the multi-county water conservation district and shall be used for the benefit of member lands or member service areas of the multi-county water conservation district.
A.R.S. § 45-106 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 106
45-106 Limitation of powers
Status: in_force

45-106. Limitation of powers

An agreement entered into between the director and the United States or a state or government involving a sovereign right or claim of this state is not effective unless approved by the legislature by concurrent resolution.
A.R.S. § 45-474 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 474
45-474 Conveyance of type 2 non-irrigation grandfathered right; amount
Status: in_force

45-474. Conveyance of type 2 non-irrigation grandfathered right; amount

A. The owner of a type 2 non-irrigation grandfathered right may convey the right for any non-irrigation use, except that:

1. A type 2 non-irrigation grandfathered right that is used for purposes of mineral extraction or processing may be conveyed only for a mineral extraction or processing use.

2. A type 2 non-irrigation grandfathered right that is used for purposes of electrical energy generation may be conveyed only for an electrical energy generation use.

3. A type 2 non-irrigation grandfathered right in a subsequent active management area that is used for purposes of demonstrating and providing an assured water supply pursuant to section 45-576 in an initial active management area may be conveyed only for the same use and only with the approval of the director. The director shall not withhold approval of a conveyance under this paragraph if the right is no longer needed to provide the assured water supply that it was used to demonstrate.

B. A type 2 non-irrigation grandfathered right may not be conveyed for an irrigation use.

C. If a type 2 non-irrigation grandfathered right is conveyed, the full amount of the right is conveyed.
A.R.S. § 45-2106 — Arizona Code / Title 45 / Chapter 12 / Article 1 / Section 2106
45-2106 Public involvement
Status: in_force

45-2106. Public involvement

A. The commission is subject to title 38, chapter 3, article 3.1 and title 39, chapter 1.

B. The commission shall develop and may amend the guidelines for applicants required by section 45-2105 after reviewing the recommendations submitted by the natural resource conservation districts developed pursuant to section 41-6054, subsections D and E and the information gathered during the public involvement process.

C. The commission shall gather information from the following:

1. The director of the department of water resources, the state natural resource conservation board and the state land commissioner.

2. The federal and state fish, wildlife, recreation and natural resource agencies.

3. County and municipal entities.

4. The public.

D. The commission shall develop procedures to assure adequate public participation. At a minimum, public participation procedures shall prescribe public notice requirements, including the content and publication of the notice, provide an opportunity for public hearings and specify the procedures governing the hearings and require the public availability of relevant documents. Public hearings shall be held at places and times that afford a reasonable opportunity to persons to participate.

E. The commission shall make available for viewing copies of the recommendations and supporting documents submitted pursuant to this section and may charge a reasonable fee for copying.
A.R.S. § 45-566.02 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 566.02
45-566.02 Alternative conservation programs for agriculture; third management period
Status: in_force

45-566.02. Alternative conservation programs for agriculture; third management period

A. In addition to the provisions of the management plan for the third management period prescribed by section 45-566, subsection A, paragraph 1, the director shall include in the management plan the historic cropping program prescribed by this section as an alternative agricultural conservation program that achieves conservation equivalent to that required by section 45-566, subsection A, paragraph 1.

B. The director shall establish the components of the historic cropping program in the management plan for the third management period to assure that conservation equivalent to that required by section 45-566, subsection A, paragraph 1 will be achieved. In addition to the program components established by the director, the historic cropping program shall include the following provisions:

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

2. The director shall calculate the irrigation water duty in the same manner as that required by section 45-566, subsection A, paragraph 1 using an irrigation efficiency of seventy-five per cent. In areas deemed by the director to have limiting soils, the director may use an irrigation efficiency of seventy per cent for the water duty calculation.

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

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

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

C. In the management plan, the director shall establish criteria that the applicant shall satisfy to enter the historic cropping program to assure that conservation equivalent to that required by section 45-566, subsection A, paragraph 1 will be achieved. An owner of an irrigation grandfathered right may apply to participate in the historic cropping program by filing an application with the director. The director shall not approve an application for the historic cropping program unless the applicant satisfies the entrance criteria established by the director and the following conditions are satisfied:

1. The applicant's accumulation of credits in the applicant's flexibility account under section 45-467 is equal to or less than seventy-five per cent of the farm's maximum annual groundwater allotment established under section 45-566, subsection A, paragraph 1. To satisfy this condition, the applicant may either sell or convey any excess credits as provided by section 45-467 or the applicant may relinquish any excess credits.

2. The applicant's accumulation of debits in the applicant's flexibility account under section 45-467 is equal to or less than twenty-five per cent of the farm's maximum annual groundwater allotment established under section 45-566, subsection A, paragraph 1.

D. In the management plan, the director shall establish performance standards that the owner of an irrigation grandfathered right or any person using groundwater pursuant to that right shall satisfy while participating in the historic cropping program to assure that conservation equivalent to that required by section 45-566, subsection A, paragraph 1 will be achieved. After an owner of an irrigation grandfathered right has been approved for participation in the historic cropping program, the owner of the irrigation grandfathered right, and any person using groundwater pursuant to that right, shall meet both of the following conditions:

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

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

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

F. The director shall include in a modification to the management plan for the third management period a best management practices program that is an alternative to the agricultural conservation program required by section 45-566, subsection A, paragraph 1 and that the director determines will achieve conservation that is at least equivalent to that required under section 45-566, subsection A, paragraph 1.  The best management practices program shall require the owner of an irrigation grandfathered right and any person using groundwater pursuant to the right to implement specific agricultural conservation practices for water use on the land or farm unit to which the right is appurtenant in lieu of complying with an irrigation water duty and a maximum annual groundwater allotment.  The director may include in the adoption of, or a modification to, the management plan for the third management period additional alternative agricultural conservation programs that the director determines achieve conservation that is at least equivalent to that required under section 45-566, subsection A, paragraph 1. The director may establish a cropped acreage program in which the maximum annual groundwater allotment is determined based on the crops grown during the calendar year in which the irrigation efficiency is applied.
A.R.S. § 45-556 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 556
45-556 Transportation fee; annual adjustment; credits; enforcement
Status: in_force

45-556. Transportation fee; annual adjustment; credits; enforcement

A. Except as provided in subsection B of this section, a person who directly or indirectly transports groundwater, withdrawn in a groundwater basin or sub-basin as provided by this article or in the Pinal active management area, away from the county in which it was withdrawn to an initial active management area shall pay annually to the county a groundwater transportation fee determined by the director for each acre-foot of groundwater transported directly or indirectly away from the county, less any amount of central Arizona project water actually used on the property from which the groundwater is transported.

B. A person is not required to pay a transportation fee under this section for stored water withdrawn pursuant to recovery well permits issued by the director pursuant to this title.

C. Except as provided in subsection D of this section the director shall set the fee as follows for the cumulative amount of groundwater transported away from the county, less any amount of central Arizona project water actually used on the property from which the groundwater is transported:

Net Groundwater Transported     Fee Per Acre-Foot

0 - 1,000,000 acre-feet     $ 3.00

1,000,001 - 2,000,000 acre-feet     $ 5.00

2,000,001 - 3,000,000 acre-feet     $ 7.50

3,000,001 - 4,000,000 acre-feet     $10.00

4,000,001 - 5,000,000 acre-feet     $15.00

Over 5,000,000 acre-feet     $30.00

D. The director shall annually adjust the dollar amount of the fee according to the annual changes in the GDP price deflator, as defined in section 41-563, using the 1993 calendar year as the base year. The director shall immediately notify all concerned parties of the fee adjustments under this subsection.

E. Credits are allowed against the fees imposed by this section as described and in the amounts provided under this subsection. If the amount of the credit exceeds the amount of the fee imposed for any year, the unused portion of the credit may be carried forward and applied to subsequent years' fees until the amount of the credit is exhausted. The allowable credits are as follows:

1. The amount of any increase in property tax revenues, including contributions in lieu of property taxes under title 9, chapter 4, article 3, derived from remote municipal property, as defined in section 42-15251, from which the groundwater is withdrawn. The credit shall account for increased revenues due to improvements to the property and increased revenues due to higher property tax valuations and assessment ratios resulting from changes in use of the property. The credit shall not account for increased revenues due to normal market or economic factors. The amount of the credit for any year is the sum of the amounts computed under subdivisions (a) and (b) as follows:

(a) Delete from consideration under this subdivision any property with respect to which an amount is computed under subdivision (b). Subtract the amount of property tax or in lieu revenues that would have been derived from the remaining property during the immediately preceding tax year if the use of and improvements to the property had remained unchanged since the date the city or town acquired the property from the amount of property tax or in lieu revenues actually derived from that property during the immediately preceding tax year. If a city or town conveys all or part of its interest in remote municipal property to another political subdivision, the political subdivision succeeds to the credit allowed under this section. The amount of credit computed under this subdivision shall be computed each year, beginning in the year groundwater is first transported, and, if not used to offset the fee under this section, shall be cumulated from year to year.

(b) This subdivision applies with respect to any portion of the remote municipal property that, before January 1, 1992, was classified at that time as class four property for purposes of property taxation under title 42 but was developed or improved at any time after December 31, 1991 and is not currently classified as class two property. Subtract the amount of property tax or in lieu revenues that would have been derived from that developed or improved portion of the remote municipal property during the immediately preceding tax year if the use of and improvements to the property had remained unchanged since the date the city or town acquired the property from the amount of property tax or in lieu revenues actually derived from that portion of the property during the immediately preceding tax year. If a city or town conveys all or part of its interest in remote municipal property to another political subdivision, the political subdivision succeeds to the credit allowed under this section. The amount of credit computed under this subdivision shall be computed each year, beginning in the year that the property is developed or improved and reclassified for tax purposes, and, if not used to offset the fee under this section, shall be cumulated from year to year.

2. An amount equal to the market value of land donated to the county if the county agrees in writing to prohibit or limit the withdrawal of groundwater from the land. The amount of the credit shall account for the reduced value of the land due to the groundwater withdrawal limitations.

3. An amount agreed to by intergovernmental agreement between the county in which the groundwater is withdrawn and the city, town or other person transporting the groundwater.

F. The board of supervisors of a county to which fees are due and payable under this section may request the county attorney to commence and prosecute any action or proceeding to enforce the collection of the fees.
A.R.S. § 45-405 — Arizona Code / Title 45 / Chapter 2 / Article 1 / Section 405
45-405 Judicial review of decisions of the director; assignment of actions for judicial review
Status: in_force

45-405. Judicial review of decisions of the director; assignment of actions for judicial review

A. This section and sections 45-406 and 45-407 govern all actions for judicial review of decisions of the director under this chapter, except those decisions made pursuant to section 45-476.01, subsection E.  An action for judicial review under this chapter extends to all questions of law and fact presented by the record.

B. Administrative and public hearings shall be recorded manually or electronically. If the person seeks judicial review of a decision of the director, a transcript shall be made as provided by law.

C. Each action for judicial review under this chapter shall be assigned to a judge whom the chief justice of the supreme court has specifically designated, pursuant to section 45-406, to hear actions for judicial review under this chapter.
A.R.S. § 45-2261 — Arizona Code / Title 45 / Chapter 13 / Article 4 / Section 2261
45-2261 Construction work and purchases by bid only; exceptions; award of contract
Status: in_force

45-2261. Construction work and purchases by bid only; exceptions; award of contract

A. The authority shall undertake the construction of projects or facilities by contract and not by force account. For construction contracts exceeding twenty-five thousand dollars, notice shall be published for at least two days in a newspaper of general circulation in the county in which the authority is formed, except in emergency cases to prevent imminent loss or danger. All contracts shall be let by public bid to the lowest responsible bidder. The authority may call for sealed bids and may accept or reject any bid. Bids shall be accompanied by a reasonable bid bond in an amount determined by the authority. The authority shall require that a bond or bonds as are required under title 34, chapter 2, article 2 shall be provided and secured for construction contracts exceeding two hundred thousand dollars.

B. All purchases and contracts made by the authority for material or services other than personal or professional services shall be made after advertising in a manner and time sufficiently in advance of opening bids as the authority deems adequate to ensure appropriate notices and an opportunity for competition. Advertisement is not required, and the purchase may be made in the open market in any of the following cases:

1. An emergency requiring immediate delivery of materials or performance of the services.

2. Repair parts, accessories or supplemental equipment or services that are required for material or services previously furnished or contracted for.

3. If the aggregate amount involved in the purchase of material or procurement of services does not exceed twenty-five thousand dollars.

C. In comparing bids and making awards the authority shall give due consideration to such factors as:

1. The relative quality and adaptability of materials or services.

2. The bidder's financial responsibility, skill, experience, record of integrity in dealing and ability to furnish repair and maintenance services.

3. The time of delivery or performance offered.

4. Whether the bidder has complied with the specifications.

D. Subsections A, B and C do not apply to any contracts entered into with a state or federal agency, a political subdivision or an Indian tribe.

E. The board may cause the review and approve or reject all specifications, plans and construction contracts before their finalization.
A.R.S. § 45-413 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 413
45-413 Hearing on designation of subsequent active management areas and boundaries; notice; procedures
Status: in_force

45-413. Hearing on designation of subsequent active management areas and boundaries; notice; procedures

A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A, the director shall hold a public hearing to consider:

1. Whether to issue an order declaring the area an active management area.

2. The boundaries and any sub-basins of the proposed active management area.

B. The director shall give reasonable notice of the hearing under the circumstances which shall include publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed active management area 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 active management area and any sub-basins and any other information the director deems necessary.

C. The hearing shall be held at a location within the proposed active management area as soon as practicable but no less than thirty days and no more than sixty days after the first publication of the notice of 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. § 45-292 — Arizona Code / Title 45 / Chapter 1 / Article 11 / Section 292
45-292 Approval required to transport water out of state; application; fee; criteria; hearing
Status: in_force

45-292. Approval required to transport water out of state; application; fee; criteria; hearing

A. A person may withdraw, or divert, and transport water from this state for a reasonable and beneficial use in another state if approved by the director pursuant to this article. A person shall not transport water from this state unless approved by the director, but this article does not apply to or prohibit transporting water from this state as required by interstate compact, federal law or international treaty.

B. An application to transport water from this state for use in another state shall be filed with the director, including a fee established by the director by rule.  In establishing a fee by rule, the director may consider factors including the amount of time likely to be expended in processing the application, the amount of preexisting hydrological information available, if any, and the complexity of the application. The application shall include:

1. The name and address of the applicant's statutory agent in this state for service of process and other legal notices.

2. The legal basis for acquiring the water to be transported.

3. The purpose for which the water will be used.

4. The annual amount of water in acre-feet for which the application is made.

5. The proposed duration of the permit, not to exceed fifty years with an option to renew.

6. Studies satisfactory to the director of the probable hydrologic impact on the area from which the water is proposed to be transported.

7. Any other information which the director may require.

C. The director shall approve or reject the application. If the director approves the application, the director may prescribe terms and conditions for the approval. In determining whether to approve the application the director shall consider:

1. Whether the proposed action would be consistent with conservation of water, including any applicable management goals and plans.

2. Potential harm to the public welfare of the citizens of this state.

3. The supply of water to this state and current and future water demands in this state in general and the proposed source area in particular.

4. The feasibility of intrastate transportation of the water that is the subject of the application to alleviate water shortages in this state.

5. The availability of alternative sources of water in the other state.

6. The demands placed on the applicant's supply in the other state.

7. Whether the proposed action is prohibited or affected by other law, including sections 45-165 and 45-172 and chapter 2 of this title.

D. This article does not authorize and the director shall not approve transporting from this state water allocated to this state by federal law or interstate compact.

E. An administrative hearing shall be held on the application, and the director shall give notice of the hearing by publication once a week for three consecutive weeks in a newspaper of general circulation in the county or counties from which the applicant proposes to transport the water. The hearing shall be conducted in the area from which water is proposed to be transported.  Any interested person, including the department, may appear and give oral or written testimony on all issues involved.

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

G. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117.
A.R.S. § 45-514 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 514
45-514 Mineral extraction and metallurgical processing permit; conditions for issuance; duration of permit
Status: in_force

45-514. Mineral extraction and metallurgical processing permit; conditions for issuance; duration of permit

A. Except as provided in subsection D of this section, a person who is engaged in or proposes to engage in the extraction and processing of minerals shall be issued a permit to withdraw groundwater in the required amount, if all of the following apply:

1. The amount of groundwater available for mineral extraction, metallurgical processing and compliance with applicable environmental controls under a dewatering permit is insufficient.

2. Uncommitted municipal and industrial central Arizona project water is not available at the point where the operator's wellhead or distribution system would otherwise be, at a cost which does not exceed the current municipal and industrial central Arizona project delivery rates.

3. Other surface water of adequate quality or effluent of adequate quality is not available at the point where the operator's wellhead or distribution system would otherwise be, at a cost, including treatment costs, which does not exceed by twenty-five percent the cost the operator would otherwise incur in withdrawing groundwater.

4. The applicant does not own or lease type 2 non-irrigation grandfathered rights originally based on withdrawals of groundwater for the extraction or processing of minerals that the applicant is not using or leasing and that can be used at the proposed location without imposing an unreasonable economic burden on the applicant.

B. 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.

C. If, during the duration of a mineral extraction and metallurgical processing permit, the director determines that uncommitted municipal and industrial central Arizona project water is available or surface water of adequate quality or effluent of adequate quality is available to the permittee at a cost comparable to groundwater, the director may require the permittee to use such water in lieu of groundwater.

D. 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 mineral extraction and metallurgical processing 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 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.

E. If, during the duration of a mineral extraction and metallurgical processing permit issued after the effective date of this amendment to this section, the permittee earns long-term storage credits under section 45-852.01, subsection B for the storage of central Arizona project water in the active management area in which the permittee has the right to withdraw groundwater pursuant to the permit, and the central Arizona project water qualified as water that cannot reasonably be used directly due solely to the exclusion of groundwater withdrawn by the permittee for mineral extraction or metallurgical processing pursuant to section 45-802.01, paragraph  23, subdivision (c), the director shall establish a separate subaccount for those credits pursuant to section 45-852.01, subsection A. After each calendar year in which the permit is in effect, the director shall debit the subaccount by the amount of groundwater pumped by the permittee in the active management area during that calendar year pursuant to the permit, not to exceed the amount of long-term storage credits in the subaccount. This subsection shall not apply to:

1. A mineral extraction and metallurgical processing permit issued on or before the effective date of this amendment to this section, including any renewal or modification of the permit.

2. A mineral extraction and metallurgical processing permit unless the permittee was engaged in mineral extraction and metallurgical processing within an initial active management area on or before January 1, 2011.
A.R.S. § 45-1401 — Arizona Code / Title 45 / Chapter 8 / Article 1 / Section 1401
45-1401 Authority to cooperate with federal government in flood control projects under flood control act of Congress of 1948
Status: in_force

45-1401. Authority to cooperate with federal government in flood control projects under flood control act of Congress of 1948

In addition to the general powers vested in counties, cities and towns and the governing bodies thereof, counties, cities and towns are empowered to cooperate with the United States or any authorized instrumentality, department or agency thereof in the construction of flood control works, authorized under the flood control act of 1948, to the extent necessary to comply with the provisions thereof.
A.R.S. § 45-563.02 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 563.02
45-563.02 Exemption from irrigation water duties; small irrigation grandfathered rights; criteria; conservation requirement; exception
Status: in_force

45-563.02. Exemption from irrigation water duties; small irrigation grandfathered rights; criteria; conservation requirement; exception

A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right is exempt from any irrigation water duties or intermediate water duties established for the farm to which the right is appurtenant under sections 45-564, 45-565, 45-566, 45-567 and 45-568 if both of the following apply:

1. There are ten or fewer irrigation acres in the farm.

2. The farm is not part of an integrated farming operation.

B. The director shall not establish irrigation water duties or intermediate water duties under section 45-566, 45-567 or 45-568 for a farm to which both of the following apply:

1. There are ten or fewer irrigation acres in the farm.

2. The farm is not part of an integrated farming operation.

C. Except as provided in subsection D of this section, a person who is exempt from the irrigation water duties established for a farm pursuant to subsection A of this section or who owns or uses groundwater on a farm for which irrigation water duties are prohibited in subsection B of this section shall not allow any groundwater to flow off the surface of the farm's irrigation acres unless the groundwater is used for a reasonable and beneficial use approved in writing by the director.

D. A person who is required under subsection C of this section to prevent groundwater from flowing off the surface of a farm's irrigation acres may apply to the director for an exemption from the requirement. The director may grant the exemption if the person demonstrates to the satisfaction of the director that one of the following applies:

1. Preventing groundwater from flowing off the surface of the farm's irrigation acres would not be economically feasible.

2. Any groundwater that will flow off the surface of the farm's irrigation acres will be used by a person with an exempt well in lieu of groundwater that otherwise would have been withdrawn from that well.
A.R.S. § 45-541 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 541
45-541 Transportation within a sub-basin
Status: in_force

45-541. Transportation within a sub-basin

A. Groundwater which is withdrawn pursuant to a grandfathered right or a groundwater withdrawal permit or from an exempt well may be transported without payment of damages within a sub-basin of an active management area, subject to the limitations on location of use in sections 45-472 and 45-473.

B. Groundwater which is withdrawn by a city, town or private water company within its service area may be transported without payment of damages within its service area within a sub-basin of an active management area.

C. Groundwater which is withdrawn by a city, town or private water company within its service area may be transported pursuant to a delivery contract authorized by section 45-492, subsection C, without payment of damages, within a sub-basin of an active management area.

D. Groundwater which is withdrawn by an irrigation district within its service area may be transported without payment of damages within its service area within a sub-basin of an active management area.
A.R.S. § 45-1942 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1942
45-1942 Limitation on powers
Status: in_force

45-1942. Limitation on powers

This chapter shall not be construed to modify, alter or change the functions, powers, duties, rights and liabilities prescribed under chapters 1, 2 and 3 of this title. This chapter does not authorize the authority to:

1. Engage in the retail distribution of water within the service area of a city, town, water company or irrigation district without the written authorization of the city, town, water company or irrigation district.

2. Regulate the acquisition, use or disposal of water or rights to water except as specifically provided by this chapter or pursuant to contractual agreements that are consistent with this chapter.

3. Sell, resell, deliver or distribute electricity or other forms of energy to others.

4. Acquire in its own name surface water contracted to an operating unit or entity represented on the board pursuant to section 45-1921 by a federal agency without that operating unit's or entity's consent.

5. Transport groundwater except as otherwise provided by law.

6. Acquire electrical power and energy that is sold, offered for sale or otherwise disposed of pursuant to title 30, chapter 1 or chapter 10 of this title.
A.R.S. § 45-547 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 547
45-547 Transportation of groundwater withdrawn in the Yuma basin; permit
Status: in_force

45-547. Transportation of groundwater withdrawn in the Yuma basin; permit

A. Groundwater may be withdrawn in the Yuma basin for direct or indirect transportation outside of the basin, including transportation to an initial active management area, only if a permit is obtained from the director pursuant to this section.

B. A person who has the legal right to divert and use Colorado river water may apply to the director for a permit to withdraw groundwater in the Yuma basin for direct or indirect transportation outside of the basin, including transportation to an initial active management area.  The director may issue the permit if all of the following apply:

1. The water to be withdrawn was originally Colorado river water applied for irrigation purposes.

2. The water to be pumped is groundwater under Arizona law that is causing waterlogging to the detriment of agricultural operations or municipal infrastructure in the Yuma basin.

3. No person is currently pumping or will pump the water for use in the Yuma basin during the term of the permit.

4. Issuance of the permit will result in water being returned to the Colorado river that otherwise would not have returned.

5. Any irrigation district or water users' association in the Yuma basin that has a contractual right with the secretary of the interior for a return flow credit for the water returned to the river pursuant to the permit has waived that right.

6. The permittee will comply with all federal laws and treaties and state laws regarding returning the water to the Colorado river.

7. If the groundwater will be pumped from wells within the exterior boundaries of an irrigation district or water users' association, that irrigation district or water users’ association has consented to the issuance of the permit.

8. If the groundwater will be pumped from wells within the city limits of a city or town that holds an entitlement to Colorado river water, that city or town has not objected to the issuance of the permit.

9. If the applicant is the United States or an agent or agency of the United States, the water transported pursuant to the permit will be used as replacement water for the specific purposes identified in section 45-107.01, paragraph 2.

C. An applicant for a permit issued under this section shall apply to the director in writing and shall submit all evidence necessary to establish that the requirements of subsection B of this section apply, including a hydrologic study. The director shall review the application and determine within one hundred days of receipt of the application whether it is administratively complete. The director shall complete the substantive review of the application and shall issue or deny the permit within nine months of determining the application to be administratively complete.

D. If the application is determined to be administratively complete, the director, within fifteen days of that determination, shall give notice of the application once each week for two consecutive weeks in a newspaper of general circulation in Yuma, La Paz and Mohave counties.  The director shall also give first class mail notice of the application to each city, town, private water company, irrigation district, water users' association and electrical district within Yuma county and to any multicounty water conservation district as defined in section 48-3701. The notice shall state that persons adversely affected by the withdrawal of groundwater in the Yuma basin and the transportation of that water may file written objections to the issuance of the permit with the director within fifteen days after the last publication of the notice.  An objection shall state the name and mailing address of the objector, shall be signed by the objector or the objector's agent or attorney and shall clearly set forth the reasons why the permit should not be issued.  The grounds for objection are limited to whether the application meets the criteria for issuing the permit as prescribed by subsection B of this section.

E. If the director deems a hearing necessary or if a proper objection to the permit application has been filed, an administrative hearing shall be held before the director's decision on the application.  At least thirty days before the hearing, the director shall notify the applicant and any person who filed a proper objection to the issuance of the permit.  The hearing shall be scheduled for at least ninety days but no more than one hundred twenty days after the expiration of the time in which to file objections. If an administrative hearing is held, it shall be held in the Yuma basin.

F. A permit under this section shall contain that information determined to be necessary by the director and may include any condition determined by the director to be consistent with this section or necessary to protect the interests of this state and the water users of the Yuma basin. The director may issue a permit under this section for a period of not more than ten years and, on the director's initiative or the request of a water user in the Yuma basin, may review the permit to ensure that the requirements of subsection B of this section continue to apply.  If the requirements no longer apply, the director may revoke the permit.  On the request of the permit holder, the director may renew the permit if the director determines that the requirements of subsection B of this section apply.  The director shall monitor withdrawals of groundwater pursuant to permits issued under this section and shall terminate a permit if the static groundwater level at the location of waterlogging identified in the permit reaches a depth greater than twenty feet below land surface or the conditions specified in subsection B, paragraph 2 of this section for issuance of the permit no longer apply.

G. Issuance of a permit under this section to the United States, an agent or agency of the United States or any other person shall not preclude issuance of a permit to any other eligible applicant to transport water for use within this state.

H. Before October 1 of each year, each permit holder shall file a written statement of intent with the director stating the quantity of groundwater the permit holder intends to withdraw and transport pursuant to its permit during the next calendar year. A permit holder who fails to submit a written statement of intent on or before October 1 of any year shall not withdraw or transport any groundwater pursuant to its permit in the following calendar year.  A permit holder who files a statement of intent shall not withdraw and transport an amount of groundwater greater than that reported on its statement of intent.  If, based on the statements of intent, the director determines that there is insufficient groundwater available to allow withdrawal of the total amount reported in the statements of intent filed by all permit holders, the director, on or before December 1, shall send notice by first class mail to all permit holders who filed a statement of intent.  The notice shall state that the director shall allocate the groundwater available to each permit holder, up to the amount reported in the statement of intent, according to each permit holder's priority to divert and use Colorado river water, except that the director may allocate the groundwater in accordance with a written agreement signed by all permit holders who filed a statement of intent.
A.R.S. § 45-555 — Arizona Code / Title 45 / Chapter 2 / Article 8.1 / Section 555
45-555 Transportation of groundwater withdrawn in Big Chino sub-basin of the Verde River groundwater basin to initial active management area; exception
Status: in_force

45-555. Transportation of groundwater withdrawn in Big Chino sub-basin of the Verde River groundwater basin to initial active management area; exception

A. A city or town that owns land consisting of historically irrigated acres in the Big Chino sub-basin of the Verde River groundwater basin, as designated by order of the director dated June 21, 1984, or a city or town with the consent of the landowner, may withdraw from the land for transportation to an adjacent initial active management area an amount of groundwater determined pursuant to this section. The amount of groundwater that may be withdrawn from the land pursuant to this section shall not exceed:

1. In any year two times the annual transportation allotment for the land determined pursuant to subsection B.

2. For any period of ten consecutive years computed in continuing progressive series beginning in the year transportation of groundwater from the land begins, ten times the annual transportation allotment for the land.

B. The director shall determine the annual transportation allotment as follows:

1. Determine each farm or portion of a farm owned or leased by the city or town in the sub-basin.

2. For each such farm or portion of a farm, determine the historically irrigated acres retired from irrigation. Multiply the sum of those historically irrigated acres by three acre-feet per acre.

C. In making the determination required by subsection B, the director shall rely only on credible documentary evidence submitted by the city or town or otherwise obtained by the department.

D. For the purposes of subsections A, B and C:

1. "Documentary evidence" means correspondence, contracts, other agreements, aerial photography, affidavits, receipts or official records.

2. "Farm" means an area of land in the sub-basin that is or was served by a common irrigation water distribution system.

3. "Historically irrigated acres" means acres of land overlying an aquifer that were irrigated with groundwater at any time between January 1, 1975 and January 1, 1990.

E. A city or town in the Prescott active management area may withdraw and transport eight thousand sixty-eight acre-feet per year of groundwater from the Big Chino sub-basin of the Verde River groundwater basin to the Prescott active management area if the city or town does both of the following:

1. Relinquishes a supply of water from the central Arizona project allocated to the city or town.

2. Enters into a federally-approved settlement of the water rights claims of an Indian tribe in the Prescott active management area.

F. Notwithstanding the volume limitation in subsection E, in any year in which a city or town that qualifies under subsection E delivers more than two hundred thirty-one acre-feet of water to an Indian tribe for use on its reservation in the Prescott active management area pursuant to a federally-approved Indian water rights settlement, the city or town may withdraw and transport additional groundwater from the Big Chino sub-basin to the Prescott active management area in an amount equal to the amount by which those deliveries exceed two hundred thirty-one acre-feet.

G. Groundwater that is withdrawn and transported pursuant to subsections E and F may be delivered to and used by any city, town or Indian tribe in the Prescott active management area without regard to whether that entity withdraws and transports the water.
A.R.S. § 45-2625 — Arizona Code / Title 45 / Chapter 15 / Article 3 / Section 2625
45-2625 Replenishment related to transportation of underground water or stored water away from an eastern protection zone or a western protection zone for nonirrigation use
Status: in_force

45-2625. Replenishment related to transportation of underground water or stored water away from an eastern protection zone or a western protection zone for nonirrigation use

If a person transporting underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use elects to replenish the underground water or stored water so that the transportation qualifies as an authorized transportation under section 45-2611, subsection B, paragraph 2, the person shall replenish the water by performing one or both of the following replenishment activities in an amount equivalent to the amount of water transported:

1. Pay the authority an amount of money sufficient to allow the authority to credit the community’s account by delivering water to the community in accordance with the delivery procedures set forth in the intergovernmental agreement described in section 45-2624, subsection D.  Any credits registered to the community’s account under this paragraph shall not be used to meet the authority’s requirement to deliver water to the community under section 45-2624, subsection B or C.

2. Replenish water in any manner that is approved in writing by the community and that is not prohibited under this title.
A.R.S. § 45-411.04 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 411.04
45-411.04 Declaration of policy and intent; Santa Cruz active management area
Status: in_force

45-411.04. Declaration of policy and intent; Santa Cruz active management area

A. The legislature finds that the hydrology and water resource management issues within the upper Santa Cruz river basin are unique due to the international nature of the river basin. The Tucson active management area includes areas beyond the one hundred kilometer border region established by treaties and agreements between the United States and Mexico relating to environmental issues. It is the finding of the legislature that a new active management area is needed in the immediate vicinity of the United States/Mexico border for the upper Santa Cruz river basin in order to facilitate binational negotiations for coordinated management of the water resources of the Santa Cruz river. It is the further finding of the legislature that the proposed boundaries designated for the Santa Cruz active management area are based on hydrologic parameters, such that the portion of the Santa Cruz river in Arizona has similar hydrologic characteristics with that portion of the Santa Cruz river in the State of Sonora, Mexico.

B. The legislature also finds that the coordinated management of surface water rights and groundwater rights set forth in this enactment has been specifically designed to address the unique problems for water resource management that are described in subsection A of this section and that are posed by the hydrology of the upper Santa Cruz river. Coordinated management of surface water rights and groundwater rights is necessary in the area designated as the Santa Cruz active management area for public health, safety and welfare reasons.

C. It is the express intent of the legislature that the creation of the Santa Cruz active management area is not to affect the definition of, or rights to, the surface waters and the groundwaters within this state, or to establish any precedent that could be used in a court of law to define, limit, or extend the rights of this state or the United States of America over the surface waters and groundwaters found within this state or to define or limit the legal distinction between surface water and groundwater in this state.

D. The legislature finds that the varied water interests within the Santa Cruz active management area have sought the creation of this active management area to facilitate their own participation in the coordinated management of the water resources within this active management area and participation in the negotiations for binational coordination of water resource planning for the upper Santa Cruz active management area. While the coordinated management can include all naturally occurring waters within the basin, it is not the intent of any party in the Santa Cruz active management area or this legislature to modify or amend in any way the fundamental laws and rights to surface water and groundwater pursuant to the laws of this state.
A.R.S. § 45-492 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 492
45-492 Withdrawals by cities, towns and private water companies within service areas; contract to supply groundwater
Status: in_force

45-492. Withdrawals by cities, towns and private water companies within service areas; contract to supply groundwater

A. Except as provided in subsection D of this section, in an active management area, a city, town or private water company shall have the right to withdraw and transport groundwater within its service area for the benefit of landowners and residents within its service area, and the landowners and residents are entitled to use the groundwater delivered, subject to:

1. Articles 8 and 8.1 of this chapter relating to transportation of groundwater.

2. Conservation requirements developed by the director pursuant to article 9 of this chapter.

3. Section 45-493, subsection D.

B. Claims of landowners to irrigation grandfathered rights or type 1 or 2 non-irrigation grandfathered rights shall be subject to article 5 of this chapter.

C. A city, town or private water company may contract to supply groundwater to a city, town or private water company in the same active management area if it is consistent with the management plan for the active management area and section 45-576 and is approved by the director.

D. In an active management area, a city, town or private water company whose service area has qualified as a member service area under title 48, chapter 22, or as a water district member service area under title 48, chapter 28, has the right to withdraw and transport groundwater within its service area for the benefit of landowners and residents within its service area, and the landowners and residents are entitled to use the groundwater delivered, subject to subsection A of this section and, to the extent the groundwater delivered is considered excess groundwater as defined and used in title 48, chapter 22 or 28, as applicable, subject to the payment by the city, town or private water company of the replenishment tax levied from time to time by a conservation district under title 48, chapter 22, or a water district under title 48, chapter 28, whichever is applicable.  A city, town or private water company shall be deemed to have failed to pay the replenishment tax only if the conservation district or the water district provides notice to the department of a delinquency in the payment of the replenishment tax pursuant to section 48-3781, subsection G or section 48-4982, subsection G, as applicable.
A.R.S. § 45-522 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 522
45-522 Correction of application
Status: in_force

45-522. Correction of application

Upon receipt of an application, the director shall endorse on the application the date of its receipt and keep a record of the application. If the director determines the application is incorrect or incomplete, the director may request additional information from the applicant. The director may conduct independent investigations as may be necessary to determine whether the application should be approved or rejected.
A.R.S. § 45-1441 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1441
45-1441 Definitions
Status: in_force

45-1441. Definitions

In this chapter, unless the context otherwise requires:

1. "Design flood" means a selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized the design flood will be determined by the appropriate federal agency and in all other cases it will be determined by the responsible public agency. It is the basis for design and operation of a particular project after full consideration of flood characteristics, frequencies, and potentials and economic and other practical considerations.

2. "Designated floodway" means the channel of a stream and that portion of the adjoining flood plain required to reasonably provide for the construction of a project for passage of the design flood, including lands necessary for construction of project levees.

3. "Flood control project" means any project for flood control purposes on which construction commences after April 19, 1973 and which either:

(a) Is authorized under federal law and requires local participation.

(b) Is authorized under state law.

4. "Lands, easements and rights-of-way" means:

(a) Lands and rights of interest in lands necessary for flood control storage, channel improvements and channel rectifications.

(b) Lands, rights or interests in lands necessary in connection with the construction, operation or maintenance of such storage, channel improvements and rectifications, including those necessary for flowage purposes, spoil areas, borrow pits or for access roads.

(c) The cost of the relocation, reconstruction or replacement of existing improvements, structures or utilities rendered necessary by such channel improvements and rectifications.

(d) Land enhancement costs, if any, charged to a public agency by a federal agency in connection with construction of a flood control project.

5. "Public agency" means any state agency or political subdivision of the state.
A.R.S. § 45-875.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 875.01
45-875.01 Annual reports; penalty
Status: in_force

45-875.01. Annual reports; penalty

A. Each person who holds a storage facility permit shall file an annual report with the director that includes the following information:

1. The total quantity of water stored at the facility during the year.

2. The name, address and water storage permit number of each person storing water at the storage facility during the year.

3. Such other information as the director may reasonably require.

B. Each person who holds a water storage permit shall file an annual report with the director that includes the following information:

1. The quantity of water from each source stored under the permit during the year.

2. The quantity of stored water recovered on an annual basis.

3. The quantity of stored water to be credited to a long-term storage account.

4. Other information as the director may reasonably require.

C. In addition to the requirements of subsections A and B of this section, each person who holds a groundwater savings facility permit or who holds a water storage permit for water storage at a groundwater savings facility shall include with the annual report all evidence required to be submitted by that person pursuant to the plan by which the quantity of groundwater saved at the storage facility will be proved.

D. Each person who holds a recovery well permit shall file an annual report with the director that includes the following information:

1. The registration number and location of each well used to recover stored water.

2. The quantity of fuel or electricity consumed by the pump for each well during the year.

3. The total quantity and source of stored water recovered by each well during the year.

4. The quantity and source of stored water recovered on an annual basis during the year.

5. The quantity and source of stored water recovered from a long-term storage account during the year.

6. Other information as the director may reasonably require.

E. The annual reports 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. If a person who is required to file an annual report under this section fails to file a report when due, the director may assess and collect a penalty of twenty-five dollars for each month or portion of a month that the annual report is delinquent. The total penalty assessed under this subsection shall not exceed one hundred fifty dollars. The director shall deposit, pursuant to sections 35-146 and 35-147, all penalties collected under this subsection in the state general fund.
A.R.S. § 45-565 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 565
45-565 Management plan for second management period; guidelines
Status: in_force

45-565. Management plan for second management period; guidelines

A. For the second management period, 1990 to 2000, the director shall promulgate a management plan for each initial active management area not later than January 1, 1988. In each plan the director shall:

1. Except as provided in section 45-411.01, subsection A, establish a new irrigation water duty for each farm unit to be reached by the end of the second management period and may establish one or more intermediate water duties to be reached at specified intervals during the second management period. Except as provided in subsection G of this section, the irrigation water duty and any intermediate water duties shall be calculated as the quantity of water reasonably required to irrigate the crops historically grown in the farm unit and shall assume the maximum conservation consistent with prudent long-term farm management practices within areas of similar farming conditions, considering the time required to amortize conservation investments and financing costs.

2. Establish additional conservation requirements for all non-irrigation uses of groundwater to be achieved by the end of the second management period and may establish intermediate conservation requirements to be achieved at specified intervals during the second management period. For municipal uses, except as provided in section 45-565.01 and paragraphs 3 and 4 of this subsection, the program shall require additional reasonable reductions in per capita use to those required in the first 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 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. Establish 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. Establish reasonable conservation requirements for small municipal providers.

5. Except as provided in section 45-411.01, subsection B, establish additional economically reasonable conservation requirements for the distribution of groundwater by cities, towns, private water companies and irrigation districts within their service areas.

6. Include a program for augmentation of the water supply of the active management area including incentives for artificial groundwater recharge.

7. In cooperation with the department of environmental quality, include 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.

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

1. The irrigation water duties and conservation requirements in the manner and to the persons prescribed in section 45-564, subsection B, except that the director shall give written notice of any municipal conservation requirement which is substantially identical to an industrial conservation requirement only to the individual users to which the municipal conservation requirement applies, and which have been identified as such by the municipal provider on a form provided by the department and received by the director no later than ninety days before the adoption of the management plan. If the municipal conservation requirement for the use of appropriate conservation measures by individual users is not substantially identical to an industrial conservation requirement, or if the director has not been notified of an individual user by a municipal provider, the director shall give written notice of a municipal conservation requirement to either the individual user or a municipal provider that directly serves the individual user.

2. The conservation requirements for small municipal providers to each small municipal provider in the active management area.

C. 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 subsection B of this section, except as provided in subsection D of this section.

D. If the director establishes in the management plan an intermediate municipal conservation requirement that subjects an individual user to a water allotment or application rate identical to the annual water allotment or application rate computed for the individual user under a conservation requirement for the use of appropriate conservation measures adopted in the management plan for the first management period, the compliance date for the intermediate conservation requirement may be two years or less from the date of adoption of the management plan for the second management period and no additional written notice to the individual user is required.

E. Except for a person who obtains 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 second management period not later than January 1, 2000 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 third 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 pursuant to 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 second 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 third management period.

F. In addition to the provisions of the management plan for the second management period prescribed by subsection A of this section, the director shall:

1. Include a program for conservation assistance to water users within the active management area.

2. Establish the historic annual net natural recharge for any groundwater replenishment district in the active management area, computed by determining the net natural recharge, as defined by section 48-4401, for the groundwater basin beneath the district during calendar years 1961 through 1990 and dividing the result by thirty.

G. 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 under 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 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. § 45-511 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 511
45-511 Definitions
Status: in_force

45-511. Definitions

In this article, unless the context otherwise requires:

1. "General industrial use" means a non-irrigation use of groundwater except those subject to permits issued pursuant to sections 45-513 and 45-514 and those for which a certificate of assured water supply is required pursuant to section 45-576. General industrial use includes animal industry use.

2. "Permit" means a permit to withdraw groundwater which is issued by the director pursuant to this article.
A.R.S. § 45-2421 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2421
45-2421 Arizona water banking authority
Status: in_force

45-2421. Arizona water banking authority

A. The Arizona water banking authority is established. The purposes, powers and duties of the authority shall be executed by a commission to be known as the Arizona water banking authority commission.

B. The commission consists of the following members who are residents of this state:

1. The director of water resources who serves as chairperson of the commission.

2. The president of CAWCD or a representative designated by that president.

3. One person who is appointed by the governor pursuant to section 38-211 and who is knowledgeable in water resource management.

4. One person appointed by the governor pursuant to section 38-211 who represents an entity that holds a central Arizona project municipal and industrial subcontract.

5. One person appointed by the governor pursuant to section 38-211 who represents an entity located in a county adjacent to the mainstream of the Colorado river that holds a valid contract with the secretary of the interior executed before June 1, 1996, for diversion and beneficial consumptive use of Colorado river water in that county.

C. The commission members appointed by the governor shall serve a six year term of office. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office. The term of office for the commission members appointed by the governor begins and ends on the third Monday in January. The commission members appointed pursuant to subsection B, paragraphs 3, 4 and 5 may be removed by the governor for cause.

D. The commission members appointed by the governor serve without compensation but are eligible for reimbursement for expenses from the banking fund pursuant to title 38, chapter 4, article 2.

E. In order to qualify for office members of the commission shall take and subscribe to an official oath to perform the duties of their office. The oath shall be filed with the director. The official oaths shall be in the form prescribed by law for official oaths of state officers.

F. The president of the senate, or a senator designated by the president, and the speaker of the house of representatives, or a representative designated by the speaker, shall each serve as nonvoting ex officio members of the commission.

G. Members of the commission are public officers and are subject to all provisions of law applicable to these officers.

H. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
A.R.S. § 45-1001 — Arizona Code / Title 45 / Chapter 4 / Article 1 / Section 1001
45-1001 Definitions
Status: in_force

45-1001. Definitions

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

1. "Applicant" means a person who applies for a water exchange permit pursuant to section 45-1041.

2. "Holder" means a person to whom a water exchange permit is issued under section 45-1041 or a person to whom the permit is conveyed.

3. "Indian community" means an Indian community organized under section 16 or 17 of the Indian reorganization act (48 Stat. 984; 25 United States Code section 461 et seq.).

4. "Participant" means a person who participates in a water exchange subject to the water exchange notice provisions of article 4 of this chapter.

5. "Party" means a person or Indian community that has entered into a water exchange contract or that is a successor in interest to such a person or Indian community.

6. "Water exchange" means a trade between one or more persons, or between one or more persons and one or more Indian communities, of any water for any other water, if each party has a right or claim to use the water it gives in trade. This definition applies whether or not water is traded in equal amounts or other consideration is included in the trade.

7. "Water exchange contract" means a valid written or oral contract for a water exchange.
A.R.S. § 45-335 — Arizona Code / Title 45 / Chapter 1 / Article 13 / Section 335
45-335 Payment of fee; penalty for delinquency
Status: in_force

45-335. Payment of fee; penalty for delinquency

A. If the director assesses a fee pursuant to this article in any year, a person to whom the fee is assessed must pay the fee within forty-five days after the person receives written notice of the total amount of the fee from the director.

B. If a person fails to pay the fee when due, the director may assess and collect a penalty of ten per cent of the unpaid fee, without compounding, for each month or portion of a month that the fee is delinquent.  The total penalty assessed shall not exceed sixty per cent of the unpaid fee.  An action to recover penalties under this subsection shall be brought in the superior court in Maricopa county.  Any penalties collected shall be deposited, pursuant to sections 35-146 and 35-147, in the Colorado river water use fee clearing account established pursuant to section 45-333.
A.R.S. § 45-631 — Arizona Code / Title 45 / Chapter 2 / Article 12 / Section 631
45-631 Definition
Status: in_force

45-631. Definition

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 this state.
A.R.S. § 45-2424 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2424
45-2424 Administration
Status: in_force

45-2424. Administration

A. The director shall provide administrative, technical and legal support to the authority to the extent requested by the authority. The director may hire staff, who shall be employees of the department of water resources, necessary to provide the level of support requested by the authority.

B. The director may employ a person in the capacity of Arizona water banking authority manager who shall be an employee of the department of water resources. The person employed in this capacity shall possess a high level of expertise and experience in Colorado river and water resource management in Arizona.

C. The director, on an annual basis, shall prepare and submit to the authority a budget showing the cost of providing the services requested by the authority for the following fiscal year. The authority may adjust its request for services, or when satisfied with the budget, may adopt it. The authority shall reimburse the department of water resources with monies from the banking fund for the services provided the authority in accordance with an adopted budget.

D. The CAWCD shall provide technical support to the authority to the extent requested by the authority. That technical support shall include expertise in the annual operation and capacity of the central Arizona project aqueducts and on the use of those aqueducts to fulfill the purposes of this chapter without impeding other water deliveries by CAWCD. The CAWCD, on an annual basis, shall prepare and submit to the authority a budget showing the cost of providing the services requested by the authority for the following fiscal year. The authority may adjust its request for services, or when satisfied with the budget, may adopt it. The authority shall reimburse the CAWCD with monies from the banking fund for the services provided the authority in accordance with an adopted budget.
A.R.S. § 45-437.01 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 437.01
45-437.01 Substitution of irrigated acreage in an irrigation district; central Arizona project water
Status: in_force

45-437.01. Substitution of irrigated acreage in an irrigation district; central Arizona project water

In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may apply to the director during the central Arizona project contracting period, but no later than January 1, 1995, to permanently retire all or a portion of such acres from irrigation and to irrigate conjunctively with central Arizona project water the same number of substitute acres. The director may approve the substitution of acres if the director determines that all of the following exist:

1. The acres to be retired from irrigation and the substitute acres are located outside of the exterior boundaries of the service area of a city, town or private water company and such acres are located within the same irrigation district and the same sub-basin.

2. Central Arizona project water available to the irrigation district within which the acres are located will be adequate to supply the substitute acres.
A.R.S. § 45-109 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 109
45-109 Division of state into water districts; district water superintendent
Status: in_force

45-109. Division of state into water districts; district water superintendent

A. The director shall divide the state into water districts with reference to drainage watersheds in order to secure the best protection to claimants to water and the most economical supervision by the state. Districts shall not be created until necessary but shall be created as the claims from the streams or supply of the state are determined.

B. The director shall appoint one water superintendent for each district, who is eligible to receive such compensation as the director fixes, which shall be paid by the water users of the district. Each superintendent shall keep an account of the time spent by the superintendent and assistants in performing their duties in each county, and present a verified copy of the account to the superior court of each county at the end of each month, whereupon the judge of the court shall order the account paid according to an equitable distribution of the amount among the water users. The superintendent may employ assistants whose compensation shall be fixed and paid in like manner as the superintendent.
A.R.S. § 45-139.02 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 139.02
45-139.02 Effect on legal status of effluent
Status: in_force

45-139.02. Effect on legal status of effluent

Nothing in this article shall be construed to determine the legal status of effluent.
A.R.S. § 45-2457 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2457
45-2457 Accounting; rules of operation
Status: reserved

45-2457. Accounting; rules of operation

A. The authority shall develop an accounting system for the long-term storage credits accrued or purchased by the authority.  The accounting system shall be designed to allow the authority to determine which funding source of the banking fund paid for each long-term storage credit accrued or purchased by the authority.

B. The authority shall operate in accordance with all of the following rules of operation:

1. The authority shall reserve a reasonable number of long-term storage credits accrued or purchased with general fund appropriations, other than general fund appropriations for replenishment under chapter 15, article 3 of this title, for the benefit of municipal and industrial users of Colorado river water in this state that are outside of the service area of CAWCD.

2. The authority may distribute long-term storage credits accrued or purchased with general fund appropriations, other than general fund appropriations for replenishment under chapter 15, article 3 of this title, for both of the following:

(a) To make water available to a municipal and industrial user of Colorado river water in this state that is outside of the service area of CAWCD, if both of the following apply:

(i) The municipal and industrial user would otherwise suffer a water shortage. The authority may distribute long-term credits to the extent reasonably necessary to offset the water shortage.

(ii) The authority collects reimbursement for the cost to the authority of replacing the long-term storage credits distributed. The authority may replace the long-term storage credits in any year it deems appropriate but shall use good faith efforts to replace the long-term storage credits at a reasonable cost to the person who is responsible for reimbursing the authority for the credits distributed.

(b) To make water available to CAWCD to the extent necessary for CAWCD to meet the demands of its municipal and industrial subcontractors, if all of the following apply:

(i) CAWCD's normal diversions from the Colorado river have been or will be disrupted by shortages on the river or by disruptions in the operation of the central Arizona project.

(ii) The authority does not distribute for this purpose the long-term storage credits reserved in accordance with paragraph 1 of this subsection.

(iii) The authority collects reimbursement from CAWCD for the cost to the authority of replacing the long-term storage credits distributed.  The authority may replace the long-term storage credits in any year it deems appropriate but shall use good faith efforts to replace the long-term storage credits at a reasonable cost to CAWCD.

3. The authority may distribute or extinguish long-term storage credits accrued or purchased with general fund appropriations, other than general fund appropriations for replenishment under chapter 15, article 3 of this title, to implement the settlement of water right claims by Indian communities in this state.

4. On request from the director, the authority may extinguish long-term storage credits accrued or purchased with general fund appropriations, other than general fund appropriations for replenishment under chapter 15, article 3 of this title, to fulfill the water management objectives set forth in chapter 2 of this title.

5. The authority may exchange long-term storage credits accrued or purchased with general fund appropriations for long-term storage credits held by other persons if the long-term storage credits received by the authority were stored in a location that better enables the authority to fulfill the purposes and policies of this chapter than were the long-term storage credits exchanged by the authority. For the purposes of this paragraph, the authority may make exchanges of long-term storage credits stored in one active management area for long-term storage credits stored in a different active management area or of long-term storage credits stored in one groundwater basin for long-term storage credits stored in a different groundwater basin.

6. The authority shall distribute or extinguish long-term storage credits accrued or purchased with monies collected in accordance with section 45-611, subsection C, paragraph 3 only for the benefit of the active management area in which the monies were collected. The authority may distribute or extinguish these long-term storage credits to the extent necessary to meet the demands of CAWCD's municipal and industrial subcontractors during times in which CAWCD's diversions from the Colorado river have been or will be disrupted by shortages on the Colorado river or by disruptions in operation of the central Arizona project, to implement the settlement of water right claims by Indian communities in this state or, on request from the director, to meet the other water management objectives set forth in chapter 2 of this title.  The authority may use the monies collected in the Pinal active management area under section 45-611, subsection C, paragraph 3 to acquire long-term storage credits for replenishment purposes under chapter 15, article 3 of this title.

7. The authority shall distribute long-term storage credits accrued or purchased with monies deposited in the fund in accordance with section 48-3715.03, subsection B only for the benefit of the county in which the monies were collected. The authority shall distribute these long-term storage credits to CAWCD or to CAWCD's municipal and industrial subcontractors to the extent necessary to meet the demands of CAWCD's municipal and industrial subcontractors during times in which CAWCD's diversions from the Colorado river have been or will be disrupted by shortages on the Colorado river or by disruptions in operation of the central Arizona project.  Long-term storage credits that are distributed to a CAWCD municipal and industrial subcontractor pursuant to this paragraph may not be sold, and the subcontractor is responsible for all fees assessed by the authority or the director for the distribution of the long-term storage credits and all costs of recovery of the long-term storage credits.

8. For each county within the CAWCD service area, on a determination by the authority that the number of long-term storage credits accrued or purchased with monies deposited in the fund in accordance with section 48-3715.03, subsection B exceeds the needs specified in paragraph 7 of this subsection for that county, the authority shall distribute those excess long-term storage credits to municipal water providers within that county that are at the time of distribution experiencing surface water supply shortages not associated with the central Arizona project. The authority shall distribute to each such municipal water provider the lesser of the following number of long-term storage credits:

(a) The total number of credits determined to be available by the authority under this paragraph multiplied by the percentage produced by dividing a numerator equaling the amount of revenues paid pursuant to section 48-3715.02, subsections B and C by taxpayers that are within both the boundaries of the municipal provider that is experiencing the shortage and the boundaries of the surface water supply system that is experiencing the shortage by a denominator equaling the total revenues paid pursuant to section 48-3715.02, subsections B and C by all taxpayers that are located within both the boundaries of a municipal water provider and the boundaries of a surface water supply system in the county. In making these computations, the authority shall use the amounts of revenue paid by taxpayers during the most recent tax year for which this information is available.

(b) Twenty percent of the total surface water shortage that the municipal and industrial water provider is experiencing.

9. The authority shall distribute or replace long-term storage credits accrued with monies collected pursuant to water banking services agreements in accordance with the terms of those agreements.

10. The authority shall acquire sufficient water supplies to perform its replenishment responsibilities under chapter 15, article 3 of this title. The authority shall acquire those water supplies with monies appropriated from the state general fund by the legislature for replenishment under chapter 15, article 3 of this title and to the extent that monies appropriated by the legislature for that purpose are not available, with monies collected in the Pinal active management area under section 45-611, subsection C, paragraph 3.  The authority shall use the water supplies acquired pursuant to this paragraph for any replenishment activity authorized by section 45-2623 and for implementation of the southside replenishment bank established by section 45-2624, including delivering water directly to the Gila river Indian community for those purposes.

C. Any other long-term storage credits accrued or purchased by the authority may be distributed or extinguished by the authority in accordance with the policy and purposes of this chapter.

D. Except as provided by subsection B, paragraph 7 of this section and except as provided by agreements entered into by the authority, the decision to distribute or extinguish any long-term storage credit accrued or purchased by the authority is at the complete discretion of the authority.
A.R.S. § 45-1998 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1998
45-1998 Validity of bonds
Status: in_force

45-1998. Validity of bonds

This chapter constitutes full authority for authorizing and issuing bonds without reference to any other law of this state. No other law with regard to the authorization or issuance of obligations or that in any way impedes or restricts the carrying out of the acts authorized by this article may be construed to apply to any proceedings taken or acts done pursuant to this article.
A.R.S. § 45-2471 — Arizona Code / Title 45 / Chapter 14 / Article 4 / Section 2471
45-2471 Interstate water banking agreements
Status: in_force

45-2471. Interstate water banking agreements

A. The authority may negotiate and enter into interstate water banking agreements with appropriately authorized agencies in California and Nevada, if all of the following apply:

1. The provisions of section 45-2427, subsection C have been met.

2. The director and at least two other voting members of the commission vote in agreement to enter into an interstate banking agreement.

3. The authority shall not enter into agreements with California and Nevada agencies that require the authority to reduce Arizona diversions from the Colorado river more than a total of one hundred thousand acre-feet of water in any one year.

4. No interstate banking agreement may be inconsistent with the decree.

B. In each interstate water banking agreement, the authority may agree to store Colorado river water in Arizona so that the stored water may be used in place of Arizona diversions from the Colorado river in years in which the California or Nevada agency requests water from the authority.

C. In each interstate water banking agreement, the California or Nevada agency shall agree to pay to the authority all costs that are or will be incurred by the authority in storing and recovering Colorado river water pursuant to the interstate banking agreement. The costs include all of the following:

1. The cost of acquiring Colorado river water.

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

3. Amounts equivalent to taxes ordinarily paid by CAWCD subcontractors and their customers to pay for the repayment, operation and maintenance costs of the central Arizona project, to the extent those equivalent amounts are not collected by paragraph 8 of this subsection.

4. The cost of storing that Colorado river water.

5. The cost of constructing, operating and maintaining a storage facility to the extent that facility stores water for the California or Nevada agency.

6. The cost of recovering the stored water and delivering it to Colorado river water users in this state to use in place of Colorado river water that would otherwise be used.

7. A fee equivalent to the approximate amount of administrative, legal and technical expenses incurred by the authority in storing water for the California or Nevada agency, recovering that stored water and making an equivalent amount of Colorado river water available to the California or Nevada agency.

8. Any fee paid in lieu of taxes pursuant to section 48-3715, subsection B by the authority in acquiring the water to be stored.

D. In each water banking agreement, the authority shall agree that in years in which the California or Nevada agency requests recovery of water stored in Arizona, the authority shall cause a decrease in Arizona diversions from the Colorado river by the amount of water requested for recovery by the California or Nevada agency, thus creating unused entitlement for delivery to that agency by the United States secretary of the interior pursuant to article ii(b)(6) of the decree. These banking agreements may provide that during years when the secretary of the interior has declared a shortage on the Colorado river, no decrease in Arizona diversions shall be required.

E. Each interstate banking agreement shall specify that if the California or Nevada agency breaches the terms of the agreement the authority shall cease creating unused entitlement for that entity until the breach is cured.
A.R.S. § 45-881.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 881.01
45-881.01 Cease and desist order; temporary cease and desist order; hearing; injunctive relief
Status: in_force

45-881.01. Cease and desist order; temporary cease and desist order; hearing; injunctive relief

A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated a provision of this chapter or a permit, rule or order issued or adopted pursuant to this chapter, the director may give the person written notice that the person may appear and show cause at an administrative hearing at least thirty days from the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. If the director finds that a person is constructing a storage facility or storing water in violation of this chapter, the director may issue a temporary order for the person to cease and desist the construction or storage pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date, time and place where the person may appear at an administrative hearing before the department to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days of the date of the order unless the person consents to a longer period.

C. The decision and order of the director under subsections A and B of this section may be in a form that the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected 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 violation is alleged to have occurred.

D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section, the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court pursuant to the rules of civil procedure. Filing for injunctive relief does not preclude other forms of relief or enforcement against the violator.

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.
A.R.S. § 45-1977 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1977
45-1977 Annual financial statement and audit
Status: in_force

45-1977. Annual financial statement and audit

A. On or before December 1 of each year the board shall make a verified statement of the financial condition of the authority as of June 30 of the preceding fiscal year, showing particularly the receipts and disbursements during the fiscal year and the source of the receipts and the purpose of the disbursements. The statement may be included in and combined with the annual report prescribed by section 45-1923, subsection C.

B. Within thirty days after the close of each fiscal year the authority shall cause an audit to be made of the funds of the authority by a certified public accountant. The board shall file a copy of the audit with the auditor general. The auditor general may make such further audits and examinations as he deems necessary and may take appropriate action relating to the audit pursuant to title 41, chapter 7, article 10.1. If the auditor general takes no official action within thirty days after the audit is filed, the audit is deemed sufficient. The board shall pay any fees and costs of the certified public accountant and auditor general under this section from the general fund of the authority.
A.R.S. § 45-1218 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1218
45-1218 Dam repair loans
Status: in_force

45-1218. Dam repair loans

A. The director may grant loans from the dam repair fund to dam owners to defray the costs of repairing dams which the director determines to be dangerous to the safety of life and property but which are not in an emergency condition. Loans shall be granted on such terms and conditions as may be imposed by the director.

B. The loans granted by the director shall be for a term of not more than twenty years.

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

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

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

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

D. Each loan shall be evidenced by a contract between the dam owner and the director, acting on behalf of this state. The contract shall provide for the loan by this state of a stated amount to defray some or all of the costs of repairing the dam. The contract shall provide for equal annual payments of principal and interest for the term of the loan.

E. The attorney general may commence whatever actions are necessary to enforce the contract and achieve repayment of loans provided by the director pursuant to this section.
A.R.S. § 45-1402 — Arizona Code / Title 45 / Chapter 8 / Article 1 / Section 1402
45-1402 Specific powers
Status: in_force

45-1402. Specific powers

Pursuant to the powers granted under the provisions of section 45-1401, counties, cities and towns may:

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

2. Agree to hold the United States or any instrumentality, department or agency thereof free from any claim for damages arising from the construction, maintenance and operation of such flood control projects.

3. Maintain and operate, upon completion, all such works in accordance with regulations prescribed by the secretary of defense, or any authorized agent of the United States.
A.R.S. § 45-2422 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2422
45-2422 Organization of commission; powers and duties; exemption
Status: in_force

45-2422. Organization of commission; powers and duties; exemption

A. The commission shall select a vice-chairperson and a secretary from among its membership who shall each hold office for terms of two years to begin and end on the third Monday in January.

B. The powers and authority vested in and the duties imposed on the authority shall be exercised by a minimum of three voting members of the commission voting in agreement.

C. The authority is not a public service corporation subject to regulation by the Arizona corporation commission.