A.R.S. § 45-1207 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1207
45-1207 Approval or disapproval of applications; commencing construction
Status: in_force

45-1207. Approval or disapproval of applications; commencing construction

A. Upon receipt of an application, the director shall approve, disapprove or approve subject to conditions necessary to insure safety.

B. A defective application shall not be rejected, but notice of the defects shall be sent to the applicant by registered mail. If the applicant fails to file a perfected application within thirty days, the original shall be canceled unless further time is allowed.

C. No application shall be approved in less than ten days from its receipt, nor shall an application be retained more than sixty days after it is filed unless the director finds that additional information is necessary. An applicant may request that the director expedite the review of the application through the employment of an expert consultant on a contract basis pursuant to section 45-104, subsection D to assist the director in reviewing the application. If an applicant requests an expedited review of the application pursuant to this subsection and the director employs a consultant, the applicant shall pay to the department the cost of the consultant's services in addition to any other fees that the applicant is required to pay under this chapter.

D. If the director disapproves an application, one copy shall be returned with a statement of his objections. If an application is approved, the approval shall be attached to the application and a copy returned by registered mail. Approval shall be granted under terms, conditions and limitations which the director deems necessary to safeguard life and property.

E. Construction shall be commenced within one year after the date of approval of the application or such approval is void. The director upon written application and good cause shown may extend the time for commencing construction. Notice by registered mail shall be given to the director at least ten days before construction is commenced.
A.R.S. § 45-1206 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1206
45-1206 Approval of repair, alteration or removal of dam
Status: in_force

45-1206. Approval of repair, alteration or removal of dam

A. Before commencing the repair, alteration or removal of a dam, application shall be made for written approval by the director, except as otherwise provided by this article. The application shall state the name and address of the applicant, shall adequately detail the changes it proposes to effect and shall be accompanied by maps, plans and specifications setting forth such details and dimensions as the director requires. The director may waive any such requirements. The application shall give such other information concerning the dam and reservoir required by the director and such information concerning the safety of any change he may require and shall state the proposed time of commencement and completion of the work. The application shall otherwise conform to the requirements of section 45-1203.

B. When repairs are necessary to safeguard life and property, they may be started immediately, but the director shall be notified forthwith of the proposed repairs and of work under way, and they shall be made to conform to his orders.
A.R.S. § 45-1945 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1945
45-1945 Acquisition of water
Status: in_force

45-1945. Acquisition of water

A. The authority may:

1. Negotiate to acquire in its own name, or on behalf of an operating unit located within the authority's boundaries, water and rights to water that may be legally available to augment the water supply of the county in which the authority is established.

2. Sell or exchange any water it acquires in its own name to or with any operating unit within the authority's boundaries under such terms as are necessary to ensure the use of the water in a manner consistent with the water augmentation plan developed under section 45-1944.

3. Sell, lease, exchange, hold, sever, transfer or retire water rights.

4. Negotiate and enter into agreements to use existing facilities to transport water to and within the county in which the authority is established.

5. Enter into agreements with operating units by which the authority receives water rights or rights to receive water in exchange for a contractual obligation to develop or provide water for that operating unit.

6. Apply for and hold, in its own name or on behalf of an operating unit or units, permits that are required by law to engage in any of the activities described in this chapter.

B. The authority shall not by contract obligate or bind itself to take delivery of any water until it develops a means to store or dispose of the water.

C. In acquiring, selling, leasing, exchanging, holding, severing, transferring or retiring any water or rights to water, the authority and its operating units shall comply with any applicable federal or state law, regulation, rule, order, permit or other requirement applicable to the water or rights to water.
A.R.S. § 45-1427 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1427
45-1427 Power of Cochise, Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas to cooperate with the United States in flood control projects
Status: in_force

45-1427. Power of Cochise, Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas to cooperate with the United States in flood control projects

A. The boards of supervisors of Cochise, Graham and Gila counties and the governing bodies of the towns of Safford and Thatcher and the city of Douglas are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, as authorized by any act of Congress, of a flood control project or projects within the county for local flood protection.

B. Pursuant to the powers granted by the provisions of subsection A, Cochise, Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas are authorized in relation to the flood control project or projects described in subsection A of this section to:

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

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

4. Establish and enforce flood-channel limits and regulations, if any, satisfactory to the secretary of the army.

5. Enter into an agreement with the federal government for the payment, on a pro rata basis, of the cost of construction and maintenance of any project under the provisions of this section.
A.R.S. § 45-437.02 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 437.02
45-437.02 Flood damaged acres; substitution of acres; definitions
Status: in_force

45-437.02. Flood damaged acres; substitution of acres; definitions

A. In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same irrigation non-expansion area if the owner demonstrates to the director's satisfaction that all of the following apply:

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

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

B. For purposes of this section:

1. "Floodwaters" means a temporary and erosive overflow of waters on lands not normally covered by water which occurred after January 1, 1975.

2. "Legally irrigated acres" means acres which may be irrigated pursuant to section 45-437.
A.R.S. § 45-2104 — Arizona Code / Title 45 / Chapter 12 / Article 1 / Section 2104
45-2104 Powers and duties; limitations
Status: in_force

45-2104. Powers and duties; limitations

A. The powers and authority vested in and the duties imposed on the members of the commission shall be exercised by a quorum of members, which consists of a majority of members then in office, except that a lesser number may hold public meetings without taking legal action.

B. The commission shall:

1. Adopt rules necessary to perform its duties.

2. Administer the expenditure of monies in accordance with section 45-2113.

3. Coordinate its staffing needs with the director and the state land commissioner.

4. Make and execute all necessary contracts, including grants and intergovernmental agreements pursuant to title 11, chapter 7, article 3.

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

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

7. Designate the person or persons who shall execute all documents and instruments on behalf of the commission.

8. Each year elect two members to act as a chair and a vice-chair for the commission.

9. Manifest and record its actions by motion, resolution, order or other appropriate means.

10. In addition to those meetings required by law to be open, hold open public meetings as the commission considers appropriate.

11. Prepare an annual report of its activities.

C. The commission may:

1. Sue and be sued.

2. Contract with any person for the expenditure of monies, including the granting of monies, consistent with section 45-2113.

3. Meet jointly with federal or state authorities to consider matters of mutual interest.

4. Secure from any federal or state agency or department information necessary to enable the commission to carry out its purposes.

5. Accept, use and dispose of appropriations, gifts or grants of money or other property or donations of services, from whatever source, only to carry out the purposes authorized in this chapter.

6. Perform all other acts necessary to carry out the purposes of this chapter.

D. Nothing in this chapter shall be construed to authorize the commission to purchase real property or to use this state's right of eminent domain to acquire water or water rights or long-term storage credits using monies derived from the Arizona water protection fund established by section 45-2111.
A.R.S. § 45-401 — Arizona Code / Title 45 / Chapter 2 / Article 1 / Section 401
45-401 Declaration of policy
Status: in_force

45-401. Declaration of policy

A. The legislature finds that the people of Arizona are dependent in whole or in part upon groundwater basins for their water supply and that in many basins and sub-basins withdrawal of groundwater is greatly in excess of the safe annual yield and that this is threatening to destroy the economy of certain areas of this state and is threatening to do substantial injury to the general economy and welfare of this state and its citizens. The legislature further finds that it is in the best interest of the general economy and welfare of this state and its citizens that the legislature evoke its police power to prescribe which uses of groundwater are most beneficial and economically effective.

B. It is therefore declared to be the public policy of this state that in the interest of protecting and stabilizing the general economy and welfare of this state and its citizens it is necessary to conserve, protect and allocate the use of groundwater resources of the state and to provide a framework for the comprehensive management and regulation of the withdrawal, transportation, use, conservation and conveyance of rights to use the groundwater in this state.
A.R.S. § 45-872.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 872.01
45-872.01 Water measuring devices
Status: in_force

45-872.01. Water measuring devices

A person who stores water at an underground storage facility, who delivers in lieu water to a recipient at a groundwater savings facility or who recovers stored water pursuant to a recovery well permit shall use a water measuring device approved by the director and shall comply with the rules setting forth the requirements and specifications for water measuring devices adopted pursuant to section 45-604.
A.R.S. § 45-1219 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1219
45-1219 Dam repair grants
Status: in_force

45-1219. Dam repair grants

The director may provide grants 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. Grants shall be provided on such terms and conditions as may be imposed by the director and may be in addition to loans granted under section 45-1218.
A.R.S. § 45-494.01 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 494.01
45-494.01 Addition and exclusion of area by irrigation districts in initial active management areas
Status: in_force

45-494.01. Addition and exclusion of area by irrigation districts in initial active management areas

A. In an initial active management area, an irrigation district established pursuant to title 48, chapter 19 existing and engaged in the withdrawal, delivery and distribution of groundwater as of January 1, 1977 may add to the service area of the district acres of land which have irrigation grandfathered rights to replace other lands that have irrigation grandfathered rights of similar area for the purpose of maintaining the same acreage as of June 12, 1980, if both of the following apply:

1. The added and excluded acres are outside the exterior boundaries of the service area of an incorporated city or town.

2. The added and excluded acres are either within the franchised area of a private water company or are contiguous to the franchised area of a private water company designated as having an assured water supply pursuant to section 45-576, subsection D and the contiguous acres may, in the judgment of the director, be added without adversely affecting the assured water supply of the private water company.

B. No greater quantity of water may be transported annually to the added acres than the annual stored surface water allotment for that year. For purposes of this section, store surface water does not include central Arizona project allotment water. This section does not prohibit the transportation to the added acres of any quantity of floodwater or effluent available in addition to the stored surface water allotment.
A.R.S. § 45-1422 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1422
45-1422 Power of Mohave and Yuma counties to cooperate with federal government in flood control project
Status: in_force

45-1422. Power of Mohave and Yuma counties to cooperate with federal government in flood control project

A. In addition to the general powers vested in counties and the governing bodies thereof, the counties of Mohave and Yuma are 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, second session), in connection with the construction, at the expense of the United States, as authorized by such act, of a project on the Bill Williams river for local flood protection and known also as the Alamo flood control project.

B. Pursuant to such powers the counties of Mohave and Yuma are 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. Hold the United States free from claim for damages resulting from construction of the works.

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

4. 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.

C. The board of supervisors of the counties of Mohave and Yuma are authorized to levy taxes upon the real and personal property located within the counties of Mohave and Yuma 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 county purposes, and the receipts therefrom shall be placed in the county treasuries in a fund to be known as the flood control project fund.
A.R.S. § 45-257 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 257
45-257 Hearings; report of master; final judgment by court; administration and enforcement of decree
Status: in_force

45-257. Hearings; report of master; final judgment by court; administration and enforcement of decree

A. The master shall:

1. After due notice, conduct such hearings and take such testimony as shall be necessary to determine the relative water rights of each claimant. The determination of water rights of all small water use claims in any specific subwatershed shall be deferred until all other claims in that subwatershed are determined by the superior court in the course of the adjudication, except that for a claimant who asserted a small water use claim and who asserted other water use claims in the same subwatershed that are not small water use claims, the claimant's small water use claim shall be determined in conjunction with the determination of that claimant's other claims. This paragraph does not preclude the superior court or the master from approving settlements of small water use claims at any time during the course of the adjudication.

2. Subject to paragraph 1 of this subsection, for all determinations, recommendations, findings of fact or conclusions of law issued, prepare and file with the court a report in accordance with rule 53(g) of the Arizona rules of civil procedure, which shall contain those determinations, recommendations, findings of fact and conclusions of law.  Each claimant may file written objections with the court to any rule 53(g) report within the later of sixty days after the report is filed with the court or before May 17, 1995. If the report covers an entire subwatershed or federal reservation, each claimant may file with the court written objections to the report within one hundred eighty days of the date on which the report was filed with the court.

3. Maintain under his control all records and documents at such locations as may be designated by the court.

B. The court, on review of the report and in accordance with subsection A, paragraph 1 of this section and rule 53 of the Arizona rules of civil procedure, shall:

1. Determine the extent and priority date of and adjudicate any interest in or right to use the water of the river system and source, provided that when rights to the use of water or dates of appropriation have previously been determined in a prior decree of a court, the court shall accept the determination of such rights and dates of appropriation as found in the prior decree unless such rights have been abandoned.  Except if otherwise provided in an applicable prior filing, certificate of water right or prior decree, the decreed capacity of a reservoir includes the right to continuous filling and refilling in priority throughout the year.

2. Establish, in whatever form determined to be most appropriate by the court, one or more tabulations or lists of all water rights and their relative priorities on the river system and source.

3. Refer the final judgment or decree to the director for administration and enforcement under the continuing jurisdiction of the court.

4. Make appropriate orders to ensure that the entire record of the general adjudication is preserved in an accessible and usable form.

5. Record a certified copy of the final judgment or decree in each county within the geographical scope of the general adjudication which shall constitute constructive notice of the contents of the judgment or decree.

C. If ownership of a right to use water for stock watering or stockpond purposes or for domestic use on a ranch or farm on state land is disputed in a general adjudication of the rights to use the waters of a river system and source, the water right shall be adjudicated in the name of a claimant other than the state if both of the following apply:

1. The point of diversion and the place of use, or the perfection of the water right by the appropriator, comply with section 37-321.01, subsection A.

2. The state land commissioner has been afforded the opportunity to resolve the claim.
A.R.S. § 45-1424 — Arizona Code / Title 45 / Chapter 8 / Article 2 / Section 1424
45-1424 Power of Maricopa and Pinal counties to cooperate with federal government in flood control projects
Status: in_force

45-1424. Power of Maricopa and Pinal counties to cooperate with federal government in flood control projects

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

B. Pursuant to the powers granted by the provisions of subsection A, the counties of Maricopa and Pinal are authorized, in relation to the flood control project or projects described in subsection A of this section to:

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

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

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

4. Establish and enforce flood-channel limits and regulations, if any, satisfactory to the secretary of the army.
A.R.S. § 45-703 — Arizona Code / Title 45 / Chapter 2 / Article 15 / Section 703
45-703 Application for certificate of groundwater oversupply; fee
Status: in_force

45-703. Application for certificate of groundwater oversupply; fee

A. The director shall prescribe and furnish an application form for a certificate of groundwater oversupply that includes the following:

1. The name and mailing address of the district member.

2. The name of the active management area in which the groundwater will be withdrawn.

3. The estimated annual quantity of groundwater to be designated as groundwater oversupply.

4. The locations and well registration numbers of the wells from which the designated groundwater will be withdrawn.

5. The proposed duration of the certificate.

6. Evidence of the district member's right under articles 4 through 7 of this chapter to withdraw the groundwater to be designated as groundwater oversupply.

7. Evidence that the groundwater to be designated will be withdrawn from an area in the district of localized excess groundwater.

8. Evidence that if the district member does not withdraw the groundwater to be designated either of the following could occur in the active management area in which the district is located:

(a) The groundwater would be discharged from the district without being used and would not contribute hydrologically to achieving safe-yield.

(b) The groundwater would contribute to a waterlogging or drainage problem.

9. Any other information the director may reasonably require.

B. The director shall establish and collect a reasonable fee from the applicant to cover the cost of administrative services and other expenses associated with evaluating and issuing a certificate of groundwater oversupply.  The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this subsection in the water resources fund established by section 45-117.
A.R.S. § 45-435 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 435
45-435 Hearing on designation of subsequent irrigation non-expansion areas and boundaries; notice; procedures
Status: in_force

45-435. Hearing on designation of subsequent irrigation non-expansion areas and boundaries; notice; procedures

A. If the director finds that an area which is not included within an active management area meets the criteria specified in section 45-432, or a petition is filed pursuant to section 45-433, the director shall hold a public hearing to consider:

1. Whether to issue an order declaring the area an irrigation non-expansion area.

2. The boundaries of the proposed irrigation non-expansion area.

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

C. The hearing shall be held at a location in the county in which the major portion of the proposed irrigation non-expansion area is located no less than thirty days but no more than sixty days after the first publication of the notice of the hearing. At the hearing, the director shall present the factual data in his possession in support of or in opposition to 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. § 45-576.10 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.10
45-576.10 Waterlogged area; assured water supply; designation
Status: in_force

45-576.10. Waterlogged area; assured water supply; designation

A. On application to the department by a city or town, the director may designate a portion of a city or town that is located both in the area delineated for exemption under section 45-411.01 and in the Phoenix active management area as having an assured water supply if all of the following apply:

1. The portion of the city or town seeking an assured water supply designation is located entirely within an irrigation and water conservation district established pursuant to title 48, chapter 19.

2. The city or town seeking an assured water supply designation has contracted with the irrigation and water conservation district for a term of not less than one hundred years under which the city or town will receive water that the landowners in the district have the right to use on their lands and will treat and deliver the water for exclusive use on irrigation and conservation district lands for municipal use.

3. Sufficient surface water or effluent of an adequate quality will be continuously available to satisfy the portion of a city's or town's proposed water needs for not less than one hundred years.

4. The city or town demonstrates the financial capability to construct the water facilities, including delivery systems, storage facilities and treatment works, necessary to make the supply of water available for the proposed use. The director may accept evidence of the construction assurances required by section 9-463.01, 11-822 or 32-2181 to satisfy this requirement.

B. For the purposes of this section and within an exemption area established pursuant to section 45-411.01:

1. The director may review the determination that a portion of a city or town has an assured water supply.

2. The director may determine that a portion of a city or town does not have an assured water supply.
A.R.S. § 45-471 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 471
45-471 Use of type 2 non-irrigation grandfathered right by owner
Status: in_force

45-471. Use of type 2 non-irrigation grandfathered right by owner

A. The owner of a type 2 non-irrigation grandfathered right pursuant to section 45-464 may use groundwater withdrawn pursuant to the right for any non-irrigation purpose at any location, subject to the provisions governing transportation of groundwater in article 8 of this chapter, except that, if the right is based on withdrawals of groundwater:

1. For the extraction or processing of minerals, the owner may use groundwater withdrawn pursuant to the right only for the purpose of mineral extraction or processing. For the purposes of this article, mineral extraction and processing use of groundwater means all withdrawals and uses of groundwater related to a mining operation including compliance with applicable environmental controls.

2. For the generation of electrical energy, the owner may use groundwater withdrawn pursuant to the right only for electrical energy generation.

B. The owner of a type 2 non-irrigation grandfathered right may withdraw groundwater pursuant to the right only from those wells listed on the certificate of grandfathered right.

C. The owner of a type 2 non-irrigation grandfathered right may request the director to issue a revised certificate to reflect new or additional points of withdrawal. If a proposed new or additional point of withdrawal is a well that was drilled pursuant to a permit or notice of intention to drill filed after June 12, 1980, the owner shall demonstrate that the proposed withdrawals will not cause unreasonably increasing damage to surrounding land or other water users, and in the Santa Cruz active management area, that the proposed withdrawals will be consistent with the management plan for the active management area.

D. If a type 2 non-irrigation grandfathered right is leased, the lessee may use groundwater withdrawn pursuant to the right subject to subsections A, B and C of this section.
A.R.S. § 45-111 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 111
45-111 Annual report by director
Status: in_force

45-111. Annual report by director

On or before August 15 each year the director shall render to the governor and the legislature a full and true report of the department's operations under this title, including operations relating to dam safety, levee repairs and other flood control activities. The report shall include suggestions as to amending existing laws or enacting new legislation as the director deems necessary and such other information, suggestions and recommendations as the director considers of value to the public. The report shall be published and made available to the public on the department's website.
A.R.S. § 45-2402 — Arizona Code / Title 45 / Chapter 14 / Article 1 / Section 2402
45-2402 Definitions
Status: in_force

45-2402. Definitions

Unless the context otherwise requires, the terms defined in sections 45-101, 45-402 and 45-802.01 have the same meaning in this chapter and for purposes of this chapter:

1. "Authority" means the Arizona water banking authority.

2. "Banking fund" means the Arizona water banking fund.

3. "Central Arizona water conservation district" or "CAWCD" means the multi-county water conservation district established under title 48, chapter 22.

4. "Commission" means the Arizona water banking authority commission.

5. "Decree" means the decree entered by the United States supreme court in Arizona v. California, 376 U.S. 340 (1964).

6. "Excess central Arizona project water" means central Arizona project water that in any year would otherwise not be used, resold or exchanged pursuant to long-term contracts and subcontracts for central Arizona project water.

7. "Indian firming" means measures taken to ensure that central Arizona project non-Indian agricultural priority water that is made available to Indian tribes pursuant to Public Law 108-451 may be delivered during water shortages in the same manner that water with a municipal and industrial priority in the central Arizona project system is delivered during water shortages.

8. "Water banking services" means services provided by the authority to persons and Indian communities in this state to facilitate for those persons and Indian communities storage of water and stored water lending arrangements.  Water banking services include the direct delivery of water to Indian communities in this state in replacement of or supplemental to the accrual of long-term storage credits pursuant to article 5 of this chapter. Water banking services include only arrangements by which water will be made available for use in this state. Water banking services do not include interstate water banking undertaken by the authority pursuant to article 4 of this chapter. Water banking services may include:

(a) Storage of water.

(b) Obtaining water storage permits.

(c) Accruing, exchanging and assigning long-term storage credits.

(d) Lending and obtaining repayment of long-term storage credits.

9. "Water banking services agreement" means an agreement entered into between the authority and a person or Indian community in this state under which the authority will provide water banking services to that person or Indian community.
A.R.S. § 45-2452 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2452
45-2452 Storage facility inventory
Status: in_force

45-2452. Storage facility inventory

A. By March 1, 1997, the authority shall prepare and assess an inventory of existing storage facilities in this state to determine whether existing storage facilities are available to meet the authority's needs for the following ten years. The authority shall give special consideration to storage facilities constructed with monies from the state water storage fund, established pursuant to section 45-897.01. The inventory shall identify the location and capacity of each storage facility and the feasibility of the authority storing water at the identified facilities.

B. In assessing the inventory, the authority shall consult with the department of water resources to determine whether storage by the authority at each storage facility identified in the inventory as a potential storage facility to be used by the authority promotes the water management objectives set forth in chapter 2 of this title.

C. In assessing the inventory, the authority shall consult with CAWCD to determine whether central Arizona project water delivery and storage are feasible at each storage facility identified in the inventory as a potential storage facility to be used by the authority.

D. Based on the consultations with the department of water resources and the CAWCD and any other relevant factors, the authority shall determine whether storage facilities exist in this state to meet the water storage needs of the authority for the following ten years. In making this determination, the authority shall maximize to the extent feasible storage facilities constructed with monies from the state water storage fund, established pursuant to section 45-897.01.

E. The authority shall adopt the storage facility inventory if the authority determines that all of the following apply to the storage facility inventory:

1. It represents an accurate inventory of storage facilities in this state.

2. It accurately identifies those storage facilities that are available for the authority's use.

3. It accurately determines whether additional storage facilities are needed for the authority's use during the following ten years.

F. The authority shall subsequently update the storage facility inventory at least once every five years.
A.R.S. § 45-1204 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1204
45-1204 Estimated cost of dam; application fees
Status: in_force

45-1204. Estimated cost of dam; application fees

A. The estimated cost of the dam or alterations thereof shall include the cost of all labor and materials entering into the construction of the dam and appurtenant works. The cost of preliminary investigation and surveys, the construction plant and all other items properly included in the cost of the dam shall be chargeable to the cost of the dam.

B. The director shall establish by rule and the department shall collect a reasonable filing fee which shall be based on the estimated cost of the dam but in no event shall the fee exceed two per cent of the estimated cost. The applicant shall pay the filing fee at the time of filing the application. The fee shall be required of all applicants including the state and its departments, institutions or agencies.

C. An application shall not be considered nor shall construction be permitted until the filing fee has been paid.
A.R.S. § 45-2651 — Arizona Code / Title 45 / Chapter 15 / Article 6 / Section 2651
45-2651 Inspections, investigations and audits
Status: in_force

45-2651. Inspections, investigations and audits

A. The director or the director's authorized representative may enter, at reasonable times, private or public property and the owner, manager or occupant of the property shall permit the entry to ascertain compliance with this chapter.

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

C. The director shall provide a written report of each inspection, investigation and audit under this section to the person who is subject to the action.
A.R.S. § 45-2107 — Arizona Code / Title 45 / Chapter 12 / Article 1 / Section 2107
45-2107 Reporting
Status: in_force

45-2107. Reporting

Beginning July 1, 1996, and on July 1 every year thereafter, the commission shall submit a detailed report to the governor, the president of the senate and the speaker of the house of representatives. The report shall describe the actions taken by the commission and the expenditures made from the fund during the previous fiscal year.
A.R.S. § 45-568 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 568
45-568 Management plan for fifth management period; guidelines
Status: in_force

45-568. Management plan for fifth management period; guidelines

A. For the fifth management period, 2020 to 2025, the director shall promulgate a management plan for each initial active management area not later than January 1, 2019 pursuant to the guidelines prescribed in section 45-567, subsections A and B, except that:

1. The director shall 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 1988 through 2017 and dividing the result by thirty.

2. The director may adjust the highest twenty-five per cent of the irrigation water duties established within an area of similar farming conditions pursuant to section 45-567 by reducing each water duty in an amount up to five per cent, except that in making the adjustment, no water duty may be reduced to an amount less than the greater of the following:

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

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

3. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right may apply to the director at any time during the management period for an exemption from the irrigation water duties established pursuant to 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:

(a) 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 in the next fifteen years without entering another active management area.

(b) 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.

B. Within thirty days after the management plan for the fifth management period is adopted, the director shall give written notice in the manner and to the persons prescribed in section 45-565, subsection B and shall give written notice of the non-per capita conservation program established pursuant to section 45-568.01 to all municipal providers. Two years before the compliance date specified in the management plan for any irrigation water duty, intermediate water duty, conservation requirement or intermediate conservation requirement, the director shall give additional written notice by first class mail to the last known addresses of the persons prescribed in section 45-565, subsection B and this subsection.

C. Except for a person 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 fifth management period not later than January 1, 2025 and shall remain in compliance until the legislature determines otherwise.
A.R.S. § 45-576.09 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.09
45-576.09 Active management areas; director's authority to change assured water supply rules
Status: in_force

45-576.09. Active management areas; director's authority to change assured water supply rules

Notwithstanding any other law, the director may revise the rules adopted pursuant to section 45-576, subsection H to apply section 45-576.08 to other active management areas.
A.R.S. § 45-261 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 261
45-261 Presumption in favor of prior filings and decrees
Status: in_force

45-261. Presumption in favor of prior filings and decrees

A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned, the director, the master and the court shall apply the following evidentiary rules in determining the attributes of water rights claimed pursuant to this article:

1. The court shall accept information in an applicable prior decree as prescribed by section 45-257, subsection B, paragraph 1.

2. If information in a prior decree conflicts with information in one or more applicable prior filings, the court shall accept the information in the prior decree as prescribed by section 45-257, subsection B, paragraph 1.

3. If there is no information in any applicable prior filing or decree or if the court finds that information contained in an applicable prior filing regarding a water right attribute is clearly erroneous, the court shall determine the attribute. In making a determination pursuant to this subsection, the court may use the director's report, statement of claimant information, information obtained in claimant interviews, aerial photographs, satellite technology, historical records, maps, technical data or other relevant information in evidence.

B. If there is a conflict in applicable prior filings regarding the ownership of a water right and multiple parties have filed applicable statements of claimant, any claimant may offer that information to support or refute a claim of water right ownership.

C. Section 45-256, subsections D and E apply to the evidentiary weight given to the following determinations made by the director:

1. That information contained in a prior filing is clearly erroneous as it relates to the water right claim or use being investigated.

2. That no water right was initiated or perfected under the applicable federal, state or territorial law.

3. That a water right was forfeited or abandoned.

D. The director's report shall contain the basis for determinations made pursuant to subsection D of this section.
A.R.S. § 45-1210 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1210
45-1210 Petition for review
Status: in_force

45-1210. Petition for review

Except as otherwise provided in this article, a petition for review by a board of review of any approval, disapproval or order of the director concerning plans, specifications, construction or maintenance pertaining to any dam may be filed by the owner or applicant, or by three land owners whose property would be endangered by the failure of the dam.
A.R.S. § 45-1212 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1212
45-1212 Supervision over maintenance and operation; remedial measures; lien
Status: in_force

45-1212. Supervision over maintenance and operation; remedial measures; lien

A. Supervision over the maintenance and operation of dams to safeguard life and property is vested exclusively in the director. The director shall make complete inspections, require reports from owners or operators and issue rules and orders necessary to secure maintenance and operation of dams which will safeguard life and property.

B. If the director determines that the dam under consideration is dangerous to the safety of life and property, and that there is not sufficient time to issue and enforce an order relative to its maintenance or operation, or if the director believes that imminent floods threaten the safety of the dam under consideration, the director shall immediately employ remedial measures necessary to protect life and property. The director may spend monies from the dam repair fund established by section 45-1212.01 in employing remedial measures.

C. In applying remedial measures the director may lower the water level of a reservoir by releasing water impounded, may completely empty the reservoir, may destroy the dam or reservoir, or such portions as appear necessary, or may construct, reconstruct, repair or enlarge the dam and may exercise any other control of the dam, reservoir and appurtenances essential to safeguard life and property. The director shall remain in full charge and control of the dam, reservoir and appurtenances until they have been rendered safe or the emergency has terminated.

D. The costs and expenses of the control, regulation and abatement provided by this section, including costs of construction work done to render the dam, reservoir or appurtenances safe, shall constitute a lien against all property of the owner, and the lien shall be prior and superior to all other mortgages, liens or encumbrances of record. The lien shall have the force and effect of a mechanic's and materialman's lien and may be foreclosed at any time within two years.

E. The lien referred to in subsection D of this section may be perfected and foreclosed in advance of construction or repair or after completion of the repairs. If in advance, the lien shall be perfected by the filing of an affidavit of the director setting forth the estimate of the costs of construction or repair with the county recorder in the county in which the dam is located in the same manner as prescribed for mechanics' liens in title 33, chapter 7, article 6 and may be foreclosed in the same manner as a mechanic's and materialman's lien. When the affidavit is filed, the amount set forth in the affidavit shall be a lien in such amount against all property of the owner. If the actual cost of construction or repair exceeds the estimated cost, the director may amend the affidavit setting forth the additional estimated cost. If the estimated cost exceeds the actual costs of construction or repair at completion, the director shall file an amended affidavit at completion. If a lien is perfected in advance and the construction or repair is not commenced within two years from the date of perfection, the lien shall be void. The director shall file a satisfaction of lien upon payment of the costs of construction or repair by the owner.

F. Monies collected in full or partial satisfaction of a lien created pursuant to subsection D of this section shall be deposited in the dam repair fund established by section 45-1212.01.
A.R.S. § 45-1216 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1216
45-1216 Violations; classification
Status: in_force

45-1216. Violations; classification

A. It is unlawful for an owner, director, officer, agent, employee, contractor or his agents to construct, reconstruct, repair, enlarge, alter or remove a dam without an approval as provided in this chapter, or contrary to an approval issued. It is unlawful for the agents or employees of the director to permit such work to be done without immediately notifying the director.

B. A person who violates this article, except as otherwise provided, is guilty of a class 2 misdemeanor, and each day such violation continues constitutes a separate offense.
A.R.S. § 45-517 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 517
45-517 Temporary permit for electrical energy generation; conditions for issuance
Status: in_force

45-517. Temporary permit for electrical energy generation; conditions for issuance

A. The director shall, upon an adequate showing that an emergency exists, issue a temporary permit to a person engaged in the generation of electrical energy to withdraw groundwater in excess of the amount of groundwater the person is legally entitled to withdraw under a grandfathered right or other groundwater withdrawal permit.

B. A person may withdraw groundwater in excess of the amount he is legally entitled to withdraw before a permit is issued pursuant to this section. Such person, as soon as reasonably practicable after such withdrawals of groundwater commence, shall submit evidence to the director that an emergency exists.

C. The director shall monitor withdrawals of groundwater pursuant to a temporary permit and shall terminate the permit when the emergency ends.
A.R.S. § 45-113 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 113
45-113 Fees; refunds
Status: in_force

45-113. Fees; refunds

A. Except as otherwise prescribed, the director shall establish by rule and shall collect reasonable fees to cover the costs of administrative services and expenses.

B. Except as otherwise prescribed, the director may establish by rule and collect fees for applications, certificates, licenses and permits relating to surface water, groundwater, water exchanges, wells, grandfathered rights, substitution of acres, adequate and assured water supply, groundwater oversupply and lakes and for inspections relating to dam safety.

C. If the director determines that a fee, including a fee collected pursuant to section 45-611, has been erroneously paid during the same fiscal year or during any prior fiscal year, the director shall make an administrative adjustment or a refund, without interest, from the agency fund in which the fee was originally deposited to the current holder of the right, application or registration for which the fee was paid.

D. This section does not apply to fees paid or payable under section 45-254 or section 45-255, subsection B.

E. Except as provided in subsection F of this section, the director shall deposit, pursuant to sections 35-146 and 35-147, the monies collected under this section in the water resources fund established by section 45-117.

F. The director shall deposit, pursuant to sections 35-146 and 35-147, the fees collected under this section relating to adequate and assured water supply pursuant to sections 45-108, 45-576 and 45-579 in the assured and adequate water supply administration fund established by section 45-580.
A.R.S. § 45-470 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 470
45-470 Use of type 1 non-irrigation grandfathered right by original owner; definition
Status: in_force

45-470. Use of type 1 non-irrigation grandfathered right by original owner; definition

A. Except as provided in section 45-469, subsection I, or as provided in subsection B of this section, the original owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 may:

1. Use groundwater withdrawn pursuant to the right for any non-irrigation use:

(a) On the land to which the right is appurtenant.

(b) On any other land, subject to the provisions governing transportation of groundwater in articles 8 and 8.1 of this chapter, except that, if the land to which the right is appurtenant is included within the exterior boundaries of the service area of a city, town or private water company, use groundwater on other land only if the use on other land was commenced prior to the date of the designation of the active management area or is 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.

2. Pursuant to section 45-473, convey retired irrigated land with the appurtenant type 1 non-irrigation grandfathered right. Any land not conveyed shall retain its appurtenant type 1 non-irrigation grandfathered right.

B. The original 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 original owner may irrigate with effluent under section 45-452, subsection J.

C. For the purposes of this section, "original owner" means:

1. The person who acquired and retired land from irrigation prior to the date of the designation of the active management area pursuant to section 45-463 and any person or entity that holds such land under the same ownership as defined by section 45-461.

2. The person who retires legally irrigated land after the date of the designation of the active management area pursuant to section 45-469 and any person or entity that holds such land under the same ownership as defined by section 45-461.
A.R.S. § 45-523 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 523
45-523 Notice; objections; hearing
Status: in_force

45-523. Notice; objections; hearing

A. Except as provided in section 45-518, subsection D and section 45-519.01, subsection F, when the permit application is determined complete and correct, the director shall, within fifteen days of such determination, give notice of the application once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the active management area in which the applicant proposes to withdraw groundwater is located.

B. Notice pursuant to subsection A of this section shall state that objections to the issuance of the permit may be filed, by persons residing in the active management area, in writing, with the director within fifteen days after the last publication of notice and that objections are limited to whether the permit application meets the criteria for issuance of a permit as set forth in this article. An objection shall state the name and mailing address of the objector, be signed by the objector, the objector's agent or the objector's attorney and clearly set forth reasons why the permit should not be issued.

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

D. 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. § 45-116 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 116
45-116 Publication and mailing fund; use; account; nonreversion
Status: in_force

45-116. Publication and mailing fund; use; account; nonreversion

A. The department of water resources publication and mailing fund is established consisting of monies paid to the department for the publication and mailing of legal notices required by law. The department shall administer the fund.  Monies in the fund are continuously appropriated and shall be used for expenses incurred by the department in publishing and mailing legal notices required by law.

B. The fund shall be a separate account on the books of the department.  Monies remaining in the fund at the end of the fiscal year remain in the fund, except that any monies in excess of twenty thousand dollars at the end of the fiscal year revert to the water resources fund established by section 45-117.
A.R.S. § 45-465.02 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 465.02
45-465.02 Impediments to efficient irrigation; substitution of acres; definitions
Status: in_force

45-465.02. Impediments to efficient irrigation; substitution of acres; definitions

A. A person who owns acres of land described on a certificate of irrigation grandfathered right which have not been retired from irrigation for a non-irrigation use under section 45-463 or 45-469 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for those acres the same number of acres to which irrigation grandfathered rights are not appurtenant. The director may approve the substitution of acres if the owner demonstrates to the director's satisfaction that all of the following apply:

1.  A limiting condition associated with the acres to be retired from irrigation substantially impedes the implementation of more efficient irrigation practices on the certificated acres.

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

3. The substitute acres are within the same farm unit as the certificated acres that will not be retired.

4. The substitution will not reduce the number of acres of land within the farm unit that are eligible to receive central Arizona project water.

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

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

B. Any acres permanently retired from irrigation pursuant to this section relinquish their irrigation grandfathered rights and such rights are deemed to be appurtenant to the substitute acres. The owner or lessee of the substitute acres has the right to use groundwater to irrigate the substitute acres as determined under section 45-465 calculated on the basis of the acres permanently retired from irrigation.

C. If the director approves a substitution of acres under this section, the director may modify an irrigation water duty established for the farm unit in which the certificated acres are located to reflect the removal of the limiting condition that is associated with the retired irrigation acres. The modification may be made without complying with section 45-572. The director shall give written notice of the modification to the owner of the certificated acres within thirty days after the modification. An aggrieved person may request an administrative review pursuant to section 45-575 or a variance pursuant to section 45-574. Unless a variance is obtained under section 45-574, the owner of the certificated acres and the person using groundwater on the certificated acres shall comply with the modified irrigation water duty no later than the compliance date specified in the modification notice which may be less than two years after the date of the notice.

D. For purposes of this section:

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

2. "Limiting condition" means any condition that limits the achievement of more efficient irrigation on the certificated acres, including irregularly shaped certificated acres and poor quality soils.
A.R.S. § 45-131 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 131
45-131 Definitions
Status: in_force

45-131. Definitions

In this article, unless the context otherwise requires:

1. "Body of water" means a body of water in an active management area established under chapter 2 of this title, including a lake, pond, lagoon or swimming pool, that has a surface area greater than twelve thousand three hundred twenty square feet and that is filled or refilled for landscape, scenic or recreational purposes. A body of water that is used incidentally for landscape, scenic or recreational purposes is deemed not to be filled or refilled for landscape, scenic or recreational purposes. Only for the purpose of determining the surface area of a body of water, two or more bodies of water that are connected are considered to be one body of water.

2. "Swimming pool" means an artifically constructed pool for swimming purposes that meets the applicable design standards and specifications for swimming pools prescribed by the director of environmental quality pursuant to section 49-104, subsection B, paragraph 12.
A.R.S. § 45-580 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 580
45-580 Assured and adequate water supply administration fund; purpose
Status: in_force

45-580. Assured and adequate water supply administration fund; purpose

A. The assured and adequate water supply administration fund is established consisting of the fees that are paid to the department for applications relating to adequate and assured water supply pursuant to sections 45-108, 45-576 and 45-579 and that are established by the director pursuant to section 45-113, subsection B.  The department shall administer the fund.  Monies in the fund are subject to appropriation and shall be used by the department for the costs and expenses of the department in administering sections 45-108, 45-576 and 45-579.

B. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received pursuant to subsection A of this section in the fund.  The fund shall be a separate account on the books of the department.  Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.  On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 45-407 — Arizona Code / Title 45 / Chapter 2 / Article 1 / Section 407
45-407 Stay of director's decision; precedence of actions for judicial review; review by the court of appeals
Status: in_force

45-407. Stay of director's decision; precedence of actions for judicial review; review by the court of appeals

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

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

2. The stay will harm others.

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

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

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

C. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.
A.R.S. § 45-563.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 563.01
45-563.01 Water conservation report; per capita use; non-per capita conservation programs
Status: in_force

45-563.01. Water conservation report; per capita use; non-per capita conservation programs

At least once every three years the director shall issue a report containing:

1. The per capita water use in the service area of each municipal provider in each active management area.

2. A brief description and evaluation of the efforts to promote water conservation by each municipal provider that is subject to a non-per capita conservation program established under this article.

3. Any other information the director deems appropriate to allow the public to assess and compare the water conservation efforts of municipal providers in each active management area.
A.R.S. § 45-2631 — Arizona Code / Title 45 / Chapter 15 / Article 4 / Section 2631
45-2631 Construction or enlargement of new dams within maintenance area; prohibited; exceptions
Status: in_force

45-2631. Construction or enlargement of new dams within maintenance area; prohibited; exceptions

A. Beginning on the effective date of this section, a person shall not construct a new dam or enlarge an existing dam within the Gila river maintenance area, and the director shall not issue a permit under chapter 6 of this title to construct a new dam or enlarge an existing dam within the Gila river maintenance area.

B. This section does not apply to:

1. The construction or enlargement of any of the following:

(a) Flood control structures.

(b) Structures for impounding mine tailings.

(c) Impoundments within hardrock mines or industrial facilities, or both, for environmental control or process management purposes.

(d) Impoundments for diverting surface water flows around hardrock mines or industrial facilities, or both.

(e) Groundwater impoundments.

(f) Effluent impoundments.

(g) Stockponds.

(h) Impoundments that may be constructed to store water otherwise authorized to be used by a party to the settlement agreement.

(i) Dams used to divert or store water that is decreed water under the globe equity decree.

2. The construction of a dam that replaces a dam in existence within the Gila river maintenance area on the effective date of this section if the replacement dam is in close proximity to the original dam and the designed storage capacity of the replacement dam does not exceed the designed storage capacity of the original dam.

3. The enlargement of a dam within the Gila river maintenance area if the enlargement does not increase the designed storage capacity of the dam.

4. The modification or repair of a dam within the Gila river maintenance area as necessary to comply with the dam safety requirements in chapter 6 of this title and any rules adopted by the director under that chapter, if the modification or repair does not increase the designed storage capacity of the dam.  For the purposes of this paragraph, "modification or repair of a dam" includes the desilting, lining or rehabilitation of a dam.

C. The director shall not approve an application under section 45-1207 for construction or enlargement of a dam in the Gila river maintenance area established under section 45-2603 if the applicant is prohibited from constructing or enlarging the dam, as applicable, under this section.

D. Any violations of this article are subject to enforcement under article 6 of this chapter on the effective date of article 6 of this chapter, and such enforcement may include injunctive relief that requires removal of any structures constructed in violation of this article. Any delay between the date of the alleged violation of this article and the date of any enforcement action pursuant to article 6 of this chapter shall not be a factor in determining whether to issue an injunction pursuant to article 6 of this chapter.
A.R.S. § 45-417 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 417
45-417 Review and modification of boundaries of subsequent active management area
Status: in_force

45-417. Review and modification of boundaries of subsequent active management area

A. The director may review and modify the boundaries of a subsequent active management area or any of its sub-basins as conditions require and factual data justify.

B. The director shall review the boundaries of a subsequent active management area or any of its sub-basins upon receipt of a petition signed by persons who together withdraw not less than one-fourth of the groundwater withdrawn in the active management area or by request of the groundwater users advisory council in the active management area.

C. Before modifying the boundaries of a subsequent active management area or any of its sub-basins the director shall give notice of and hold a hearing on the proposed modifications pursuant to the procedures prescribed by section 45-413. After the hearing, the director shall prepare written findings pursuant to section 45-414.
A.R.S. § 45-812.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 2 / Section 812.01
45-812.01 Groundwater savings facility permit
Status: in_force

45-812.01. Groundwater savings facility permit

A. A person may apply to the director for a groundwater savings facility permit and may operate a groundwater savings facility only pursuant to a permit.

B. The director may issue a permit to operate a groundwater savings facility if the director determines that all of the following apply:

1. Operation of the facility will cause the direct reduction or elimination of groundwater withdrawals in an active management area or an irrigation non-expansion area by means of delivery of water other than groundwater pumped from within that active management area or irrigation non-expansion area that the recipient will use in lieu of groundwater that the recipient would otherwise have used.

2. The applicant will deliver water other than groundwater pumped from within the active management area or irrigation non-expansion area in which the groundwater savings facility is located to an identified groundwater user who will use and agrees in writing to use the water delivered to the facility on a gallon-for-gallon substitute basis directly in lieu of groundwater that otherwise would have been pumped from within the active management area or irrigation non-expansion area.

3. The in lieu water is the only reasonably available source of water for the recipient other than groundwater pumped from within the same active management area or irrigation non-expansion area in which the groundwater savings facility is located.

4. The water delivered as in lieu water would not have been a reasonable alternative source of water for the recipient except through the operation of the groundwater savings facility.

5. The water delivered to the recipient as in lieu water was not delivered before October 1, 1990.

6. The applicant has submitted a plan satisfactory to the director that describes how the applicant will prove the quantity of groundwater saved at the facility each year and what evidence will be submitted with the applicant's annual report as required by section 45-875.01 to prove the groundwater savings. The plan may rely on the following factors:

(a) The recipient's cost of pumping groundwater relative to the cost of in lieu water and alternative sources of water available to the recipient.

(b) The historic quantity of groundwater pumped by the recipient at the location of the intended use of the in lieu water.

(c) The recipient's anticipated demand for groundwater and anticipated total demand for water, including groundwater.

(d) The recipient's legal right to withdraw or use groundwater pursuant to chapter 2 of this title.

(e) The amount of central Arizona project water for which the recipient anticipates accepting delivery.

(f) The historic amount of power used to pump groundwater at the groundwater savings facility compared to the power used during a year in which the recipient received in lieu water.

(g) The factors that prevent the recipient from using the water delivered as in lieu water without the operation of the groundwater savings facility.

(h) Any other criteria the director may deem to be relevant.
A.R.S. § 45-189 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 189
45-189 Reversion of rights due to nonuse; notice; hearing; order; exception
Status: in_force

45-189. Reversion of rights due to nonuse; notice; hearing; order; exception

A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion of the water right for a period of five or more consecutive years, and it appears that the right has or may have reverted to the state because of such nonuse, as provided by section 45-141 and section 45-188, subsection A, the director shall notify such person to show cause at an administrative hearing why the right or portion of the right should not be declared relinquished.

B. The notice shall contain:

1. The time and place of the hearing.

2. A description of the water right, including the approximate location of the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, the apparent authority on which the right is based and the factual basis for the notice to show cause.

3. A statement that unless sufficient cause is shown the water right will be declared relinquished.

C. The notice shall be served at least thirty days before the hearing.

D. The director shall make an order determining whether such water right has been relinquished and give notice to each party of the order by serving such persons at their last known addresses.

E. For the purposes of this section, section 45-141, subsection C and section 45-188, subsection A, the following reasons shall be sufficient cause for nonuse:

1. Drought, or other unavailability of water.

2. Active service in the armed forces of the United States during military crisis.

3. Nonvoluntary service in the armed forces of the United States.

4. The operation of legal proceedings.

5. Federal, state or local laws imposing land or water use restrictions, or acreage limitations, or production quotas.

6. Compliance with an applicable conservation requirement established by the director pursuant to chapter 2, article 9 of this title.

7. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01.

8. With respect to a water right appropriated for an irrigation use, either of the following:

(a) Pendency of a proceeding before a court or the director to change the permitted use from irrigation to municipal or other uses pursuant to a court decree or section 45-156 or to sever the right from the land to which it is appurtenant and transfer it for municipal use pursuant to section 45-172.

(b) After a change in the permitted use from irrigation to municipal pursuant to a court decree or section 45-156 or 45-172, insufficient demand for the water by the municipal users.

9. Any other reason that a court of competent jurisdiction deems would warrant nonuse.

F. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.
A.R.S. § 45-1442 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1442
45-1442 Investigation and certification by director of water resources
Status: in_force

45-1442. Investigation and certification by director of water resources

Any public agency may request the director of water resources to investigate any flood control project in this state and report to the legislature the results of its investigation, and the director shall certify to the legislature the date state funds should be appropriated to pay the cost of state participation in such project and the estimated amount.
A.R.S. § 45-1212.01 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1212.01
45-1212.01 Dam repair fund
Status: in_force

45-1212.01. Dam repair fund

A. The dam repair fund is established consisting of monies appropriated by the legislature, and monies collected by the director in full or partial satisfaction of a lien created by section 45-1212, subsection D and monies collected pursuant to section 45-1220.

B. Monies in the fund shall be used to carry out the purposes of this chapter.

C. The director shall annually report to the legislature on the status of the fund and the purposes for which monies were expended during the preceding calendar year. The report shall be submitted pursuant to section 41-1178 no later than fifteen days after the commencement of each regular session.

D. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the dam repair fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 45-853.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 853.01
45-853.01 Restricted uses of long-term storage credits
Status: in_force

45-853.01. Restricted uses of long-term storage credits

A. If the director has included an amount of long-term storage credits under section 45-855.01:

1. In determining whether to issue a certificate of assured water supply to the holder of the long-term storage credits, that amount of long-term storage credits shall be recovered only for a use that, as determined by the director, supplies water to the subdivision to which the certificate of assured water supply applies.

2. In designating or redesignating a city, town or private water company as having an assured water supply, that amount of long-term storage credits shall be recovered only for a use that, as determined by the director, supplies water to that city, town or private water company.

3. In determining whether to issue a report of adequate water supply for a subdivision to the holder of long-term storage credits, that amount of long-term storage credits shall be recovered only for a use that, as determined by the director, supplies water to the subdivision to which the report of adequate water supply applies.

4. In designating a city, town or private water company as having an adequate water supply, that amount of long-term storage credits shall be recovered only for a use that, as determined by the director, supplies water to that city, town or private water company.

B. The storer of long-term storage credits may apply those long-term storage credits to offset any amount of groundwater that the storer withdraws or uses before 2000 in excess of the storer's per capita municipal conservation requirement in violation of the second management plan if the storer proves to the satisfaction of the director that the following conditions are met:

1. The storer stored the water at a storage facility that is located in the same active management area as the storer's service area.

2. The long-term storage credits used to offset the storer's per capita municipal conservation requirements violation were earned before 2000.

3. The water stored was effluent or central Arizona project water.

C. Long-term storage credits may not be used to demonstrate an assured water supply or an adequate water supply if the long-term storage credits were accrued by storing effluent at a managed underground storage facility that has not been designated as a facility that could add value to a national park, national monument or state park and any of the following applies:

1. The managed underground storage facility does not qualify as an existing effluent managed underground storage facility.

2. The managed underground storage facility qualifies as an existing effluent managed underground storage facility and the long-term storage credits were accrued before January 31, 2019.
A.R.S. § 45-2283 — Arizona Code / Title 45 / Chapter 13 / Article 5 / Section 2283
45-2283 Investment of revenues
Status: in_force

45-2283. Investment of revenues

The authority may invest revenues of the authority in securities and deposits with a maximum maturity of three years. All revenues shall be invested in eligible investments. Eligible investments include:

1. Certificates of deposit in eligible depositories as provided in title 35, chapter 2, article 2.1.

2. Interest-bearing savings accounts in banks and savings and loan institutions doing business in this state whose accounts are insured by federal deposit insurance for their industry.

3. Repurchase agreements with a maximum maturity of one hundred eighty days.

4. Bonds or other evidences of indebtedness of the United States or any of its agencies or instrumentalities if the obligations are guaranteed as to principal and interest by the United States or by any agency or instrumentality of the United States.

5. Bonds or other evidences of indebtedness of this state or any of its counties, incorporated cities or towns or school districts.

6. Deposits placed in accordance with the procedures prescribed in section 35-323.01.
A.R.S. § 45-832.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3 / Section 832.01
45-832.01 Use of stored water
Status: in_force

45-832.01. Use of stored water

A. Water that has been stored pursuant to a water storage permit may be used or exchanged only in the manner in which it was permissible to use or exchange the water before it was stored.

B. Water that has been stored pursuant to a water storage permit may be used only in the location in which it was permissible to use the water before it was stored.

C. Water that has been stored pursuant to a water storage permit may be used for replenishment purposes only in the active management area in which the water is stored, unless the water is recovered and transported to another active management area.

D. Stored water may be used only as follows:

1. The water may be recovered by the storer and used on an annual basis in accordance with section 45-851.01.

2. The water may be credited to the storer's long-term storage account, if the water meets the requirements of section 45-852.01, and the long-term storage credits may be used in accordance with the provisions of this chapter.

3. A district that is storing water may have the stored water credited to its master replenishment account, if the water would meet the requirements of long-term storage credits as prescribed by section 45-852.01.

4. A conservation district that is storing water may have the stored water credited to its conservation district account, if the water would meet the requirements of long-term storage credits as prescribed by section 45-852.01.

5. A water district that is storing water may have the stored water credited to its water district account, if the water would meet the requirements of long-term storage credits as prescribed by section 45-852.01.
A.R.S. § 45-252 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 252
45-252 General adjudication; representation; superior court; assignment to judge; personnel funding; petition
Status: in_force

45-252. General adjudication; representation; superior court; assignment to judge; personnel funding; petition

A. One or more water users on a river system and source, the water rights of which have not been previously adjudicated under this article and administered by the director of water resources, or this state on the request of any state agency other than the department of water resources may file a petition to have determined in a general adjudication the nature, extent and relative priority of the water rights of all persons in the river system and source.

B. The attorney general shall represent this state in connection with all water claims asserted by this state. The director shall be represented by legal counsel retained in accordance with section 45-104, subsection F.

C. The general adjudication shall be brought and maintained in the superior court in the county in which the largest number of potential claimants resides. The clerk of the court in which the petition is filed shall notify the supreme court, and the supreme court shall assign the general adjudication to a superior court judge and appoint a master and shall consolidate the general adjudication with other pending general adjudications, if appropriate.

D. The supreme court may appoint additional paralegals and law clerks for the general adjudication.  Notwithstanding section 12-128, the superior court judge, master, paralegal and law clerk positions prescribed in this subsection and subsection C of this section shall be fully funded by this state.

E. The petition for a general adjudication shall be captioned: "In re the general adjudication of all rights to use water in the ____________ river system and source" and shall request that the court determine the nature, extent and relative priority of the water rights of all persons in the river system and source.
A.R.S. § 45-418 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 418
45-418 Area director; appointment; qualifications; compensation
Status: in_force

45-418. Area director; appointment; qualifications; compensation

A. The director shall appoint an area director for each active management area. For reasons of economy and efficiency in administration, one person may be the area director for more than one active management area. The area director shall serve at the pleasure of the director.

B. The area director is subject to title 41, chapter 4, article 4 and is entitled to receive compensation as determined pursuant to section 38-611.
A.R.S. § 45-496 — Arizona Code / Title 45 / Chapter 2 / Article 6 / Section 496
45-496 Applicability of general transportation provisions and conservation requirements
Status: in_force

45-496. Applicability of general transportation provisions and conservation requirements

Withdrawals and transportation of groundwater by an irrigation district pursuant to this article are subject to:

1. The provisions of 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.
A.R.S. § 45-635 — Arizona Code / Title 45 / Chapter 2 / Article 12 / Section 635
45-635 Violation; civil penalties
Status: in_force

45-635. Violation; civil penalties

A. A person who is determined pursuant to section 45-634 to be in violation of this chapter or a permit, rule, regulation or order issued or adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:

1. Except as provided in paragraph 3 of this subsection, one hundred dollars per day of violation not directly related to illegal withdrawal, use or transportation of groundwater.

2. Ten thousand dollars per day of violation directly related to illegal withdrawal, use or transportation of groundwater.

3. In the Santa Cruz active management area, ten thousand dollars per day of violation for a violation of an applicable conservation requirement established by the director pursuant to article 9 of this chapter for the withdrawal of water, other than stored water, from a well or the distribution or use of water, other than stored water, withdrawn from a well.

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

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

D. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 45-895.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 6 / Section 895.01
45-895.01 Storage of water; availability and disposition of stored water
Status: in_force

45-895.01. Storage of water; availability and disposition of stored water

A. Water that is stored in a state demonstration project, that is purchased with monies from the state water storage fund established by section 45-897.01 and that is eligible for credits in a long-term storage account pursuant to section 45-852.01 shall be credited to a state demonstration subaccount of the conservation district's long-term storage account. The credits in this subaccount shall be used only for municipal and industrial purposes and shall be used only in the county for the benefit of which the state demonstration project was constructed by the conservation district.

B. Water stored in a state demonstration subaccount shall be available for disposition by the director during any time when the director determines either of the following applies:

1. The amount of central Arizona project water available for delivery to central Arizona project municipal and industrial subcontractors is insufficient to meet the contractual entitlements of the subcontractors.

2. There is a significant interruption of the conservation district's ability to make deliveries of central Arizona project water in the county for the benefit of which the state demonstration project was constructed.

C. The director may dispose of water stored pursuant to this article only when one of the conditions described in subsection B of this section exists. The director may dispose of the water to a person, including a person who is not an existing central Arizona project municipal and industrial subcontractor, who has filed a request for the water. In disposing of the water, the director shall take into account the reasonable water needs of persons who have filed requests for the water and the applicable provisions of the state water plan, if any, in effect at the time of the request. The director shall require as a condition of the disposition of water that:

1. The person who receives the water shall pay the conservation district's costs, if any, of recovering, transporting and delivering the water to the person, but the person is not required to pay any other costs of construction, operation or maintenance of the state demonstration project. If monies from the state water storage fund established by section 45-897.01 are used to cover the conservation district's cost of recovering, transporting or delivering the water stored, the person who receives the water shall reimburse the fund for those costs.

2. The person who receives the water shall agree to be bound by the relevant terms and conditions of any applicable contract between the conservation district and the United States.

3. The water disposed of to a person pursuant to this section shall be used only by the person for municipal and industrial purposes in the county for the benefit of which the state demonstration project was constructed.
A.R.S. § 45-1022 — Arizona Code / Title 45 / Chapter 4 / Article 2 / Section 1022
45-1022 Effect of enrollment of a water exchange contract
Status: in_force

45-1022. Effect of enrollment of a water exchange contract

Enrollment of a water exchange contract under section 45-1021 does not affect the validity of any water exchange conducted pursuant to that contract before the effective date of this chapter.
A.R.S. § 45-617 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 617
45-617 Augmentation and conservation assistance fund grants
Status: in_force

45-617. Augmentation and conservation assistance fund grants

The director may grant monies, either on a reimbursable basis or by advancing grant monies, from an active management area's augmentation and conservation assistance fund as received by the state treasurer pursuant to section 45-615, paragraph 1 for augmentation or conservation assistance projects that will benefit the active management area for which the monies were collected. Each grant shall be provided on such terms and conditions as the director may prescribe. Grants that are issued under this section are exempt from title 41, chapter 23.
A.R.S. § 45-480 — Arizona Code / Title 45 / Chapter 2 / Article 5 / Section 480
45-480 Review of applications; investigations; hearings; final determination; judicial review
Status: in_force

45-480. Review of applications; investigations; hearings; final determination; judicial review

A. Except as provided in subsection F of this section, the director shall review each application for a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right and may conduct such investigations as deemed necessary to determine whether the information contained in the application is correct and sufficient to issue a certificate or grant restoration. Except as provided in section 45-476, subsection C, in appropriate cases, including cases in which a written objection has been filed, an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary to determine whether the information contained in the application is correct and sufficient to issue a certificate or grant restoration.  Thirty days prior to the date of the hearing, the director shall give notice of the hearing to the applicant and any person who has filed an objection to the application.

B. If the director determines that the information contained in the application is correct and is sufficient to issue a certificate of grandfathered right or restore a retired irrigation grandfathered right, the director shall issue a certificate of grandfathered right pursuant to section 45-481 or restore a retired irrigation grandfathered right to the applicant. If the director determines that the information contained in the application is incorrect or is insufficient to issue a certificate or grant restoration, the director may return the application specifically stating the reasons for its return. The applicant may reapply within thirty days of receipt of the returned application. A reapplication relates back to the filing of the original application but otherwise shall be treated as a new application.

C. If, before an administrative hearing, the director determines that the applicant is not entitled to a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right or determines that the amount of a grandfathered right or a retired irrigation grandfathered right is less than that requested in the application, the director shall provide the applicant with notice and an opportunity for an administrative hearing.

D. The applicant or any person entering a proper objection to the application may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court in the county in which the irrigated land or the non-irrigation use is located.

E. This section does not apply to late applications for certificates of grandfathered rights filed pursuant to section 45-476.01.

F. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to section 45-576.02, subsection A, paragraph 1, the director shall withhold review of an application for a certificate for a type 1 non-irrigation grandfathered right appurtenant to land located 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.

G. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.
A.R.S. § 45-2222 — Arizona Code / Title 45 / Chapter 13 / Article 2 / Section 2222
45-2222 Meetings; notice
Status: in_force

45-2222. Meetings; notice

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

B. The authority is a public body for purposes of title 38, chapter 3, article 3.1.

C. A majority of the board shall constitute a quorum. Except as provided in section 45-2205, all actions taken by the board require a majority vote of the board, unless the bylaws require a larger number of votes.
A.R.S. § 45-406 — Arizona Code / Title 45 / Chapter 2 / Article 1 / Section 406
45-406 Designation of judges; publication of designated judges
Status: in_force

45-406. Designation of judges; publication of designated judges

A. The chief justice of the supreme court shall designate at least one judge, but not more than five judges, of the superior court to hear actions for judicial review under this chapter. The chief justice of the supreme court shall also specify the particular county or counties for which each designated judge will be available for assignment.

B. The supreme court shall publish in the rules of the supreme court the name of each designated judge and the county or counties in which each designated judge will be available for assignment.

C. The presiding judge for the county in which an action for judicial review has been filed under this chapter shall assign the action for judicial review to the appropriate judge designated by the chief justice of the supreme court and shall advise in writing the presiding judge and clerk of the superior court in the county in which the designated judge ordinarily sits about the assignment.
A.R.S. § 45-161 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 161
45-161 Applications for reservoir permits; secondary permits for water
Status: in_force

45-161. Applications for reservoir permits; secondary permits for water

A. Applications for reservoir permits shall be governed by this article, except that the lands proposed to be irrigated from the works need not be enumerated in the primary permit.

B. The person proposing to develop the supply of water or to complete the necessary works shall file an application for a primary permit that sets forth the plans and specifications for construction of the reservoir and associated diversion or delivery works, if any. On completion of construction or development of the supply of water, the holder of the primary permit shall file a notice of completion with the director.

C. The person proposing to apply to a beneficial use the water stored in such reservoir shall file an application for a secondary permit, which shall refer to the reservoir as the supply of water and shall show that a written agreement has been entered into with the owners of the reservoir for a permanent interest in the reservoir sufficient for the purposes set forth in the application. When the beneficial use has been perfected under the secondary permit, the director shall issue to the holder of the secondary permit a final certificate of appropriation that describes both the conduit described in the secondary permit and the reservoir described in the primary permit.

D. If the development of the supply of water and the completion of the proposed works are to be undertaken by the same person proposing to apply the water to a beneficial use, the person shall file a single application for a reservoir permit. In processing an application filed pursuant to this subsection, the director shall not issue separate primary and secondary permits but shall issue a single reservoir permit for the development of the supply of water, construction of the proposed works and application of the water to a beneficial use. When the beneficial use has been perfected under the reservoir permit, the director shall issue to the holder of the reservoir permit a final certificate of appropriation that describes both the conduit and the reservoir described in the reservoir permit.

E. If at any time it appears to the director, after an administrative hearing, that the holder of the primary permit will not or cannot within a reasonable period develop the supply of water or complete the works, the director may, upon application of the holder of the secondary permit, permit such holder joint occupancy and use under the primary permit with the holder of the primary permit to the extent deemed advisable by the director, but such applicant shall pay to the holder of the primary permit a pro rata portion of the total cost of the works, which shall be based on the proportion of water used by the original and the additional users of such works.

F. Nothing in this section or in section 45-257, subsection B, paragraph 1, shall be construed as modifying the law of priority or the requirement of section 45-141, subsection B, that beneficial use shall be the basis, measure and limit to the use of water.

G. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.
A.R.S. § 45-1999 — Arizona Code / Title 45 / Chapter 11 / Article 5 / Section 1999
45-1999 Water augmentation authority bonds as legal investments
Status: in_force

45-1999. Water augmentation authority bonds as legal investments

County water augmentation authority bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in governmental obligations may properly and legally invest. The bonds are also securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of governmental bonds or obligations.
A.R.S. § 45-1718 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1718
45-1718 Water rights
Status: in_force

45-1718. Water rights

Nothing contained in this article shall be construed as affecting or be intended to affect or to in any way interfere with the laws of the state or the United States relating to the control, appropriation, use or distribution of water used in Arizona, or to any contract or vested right acquired therefor, and the powers and duties herein set forth shall be limited and restricted to only that quantity of water which may be available for use in the state of Arizona, after the satisfaction of all existing contracts between the secretary of the interior and users in the state of Arizona for the delivery of water of the main stream of the Colorado river, and shall not extend to any such contracts, any amendments or supplements thereto, or to any federal statute enacted before the effective date of this article pertaining to any federal reclamation project within the state of Arizona constructed and using water of the main stream of the Colorado river before the effective date of this article.
A.R.S. § 45-1974 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1974
45-1974 Accounting classifications; bond funds; general fund
Status: in_force

45-1974. Accounting classifications; bond funds; general fund

A. The secretary-treasurer of the authority shall establish appropriate accounting classifications and designations in the authority accounting records to provide for accurate and systematic control and allotment of all monies received.

B. The secretary-treasurer shall maintain a bond fund and a general fund of the authority and shall apportion all monies received into the fund corresponding with the purpose for which the monies were received. The secretary-treasurer may invest inactive monies from either the general fund or the bond fund and shall credit income earned on the investments to the respective fund.
A.R.S. § 45-1041 — Arizona Code / Title 45 / Chapter 4 / Article 3 / Section 1041
45-1041 Water exchange permits; fee
Status: in_force

45-1041. Water exchange permits; fee

A. A person who seeks to give surface water, other than Colorado river water, in a water exchange to which neither section 45-1002, subsection A, paragraph 1 nor 3 applies shall apply to the director for a water exchange permit.  The director shall issue either a specific use water exchange permit or a general use water exchange permit, as applicable, if the applicant demonstrates that all of the following apply:

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

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

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

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

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

6. Each party to a water exchange contract either:

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

(b) Receives at least fifty per cent of the quantity of water that the other party gives in the water exchange, unless otherwise authorized by law, and the director determines the water exchange is beneficial to water management in this state.

B. Subsection A of this section does not apply to the proposed modification of a previously enrolled or permitted water exchange contract that involves surface water other than Colorado river water, if the proposed modification meets both of the following conditions:

1. The proposed modification involves the addition of one or more of the following water sources as the only new or additional water source of exchange:

(a) Colorado river water.

(b) Groundwater.

(c) Effluent.

(d) Surface water that is captured in the additional storage capacity created by modified Roosevelt dam after April 9, 1986.

2. Notice of the proposed modification is filed by the person seeking the modification pursuant to section 45-1051 and is subject to the requirements of that section and the conditions prescribed by section 45-1052.

C. Any person may apply for a specific use water exchange permit. A specific use permit allows the parties to exchange specific sources of water in specific quantities for the uses and in the locations specified in the permit.

D. Two or more political subdivisions of this state, or one or more political subdivisions and one or more private water companies, Indian communities, agencies of this state or agencies of the United States may apply for a general use water exchange permit. A general use permit shall specify that the holders may engage in one or more exchanges of water at any time during the term of the permit. The water received pursuant to a general use permit may be used for any lawful purpose specified in the permit.  Before making any exchange pursuant to a general use permit, the parties to the permit shall notify the director of the amounts of water to be exchanged and the specific uses to which each source of water will be applied.

E. An application for a water exchange permit shall be accompanied by a filing fee in an amount to be determined by rule by the director to cover the cost of administering this article.

F. 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. § 45-594 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 594
45-594 Well construction standards; remedial measures
Status: in_force

45-594. Well construction standards; remedial measures

A. The director shall adopt rules establishing construction standards for new wells and replacement wells, the deepening and abandonment of existing wells and the capping of open wells.

B. All well construction, replacement, deepening and abandonment operations shall comply with the rules adopted pursuant to this section. A well owner shall cap an open well according to the rules adopted pursuant to subsection A.

C. If the director determines that a well is not capped in compliance with the rules adopted pursuant to subsection A, that the well is dangerous to property or public health or safety and that there is not sufficient time to issue and enforce an order relative to its capping, the director may employ remedial measures necessary to protect property or public health or safety. The remedial measures may include remaining in full charge and control of the well site until the well has been rendered safe and capping the well. This subsection does not relieve an owner or operator of a well from the legal duties, obligations and liabilities arising from such ownership or operation.
A.R.S. § 45-1202 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1202
45-1202 Jurisdiction of director of water resources; records; rules; notice of exemption
Status: in_force

45-1202. Jurisdiction of director of water resources; records; rules; notice of exemption

A. All dams are under the jurisdiction of the director of water resources. Dams of the state, or any political subdivisions thereof, or dams of public utilities, and all dams within the state are included within the jurisdiction conferred by this section. It is unlawful to construct, reconstruct, repair, operate, maintain, enlarge, remove or alter any dam except upon approval of the director.

B. The records pertaining to dam supervision are public documents.

C. The director shall adopt and revise rules and issue general orders to effectuate this article.

D. To qualify for an exemption for a release-contained barrier, the owner of an existing or proposed release-contained barrier shall submit to the director a notice of exemption. The director shall accept or reject a notice of exemption within thirty days after receipt of both of the following:

1. A statement signed by the owner that:

(a) The storage capacity of the release-contained barrier would be contained within property that the release-contained barrier owner owns, operates, controls, maintains or manages and that is not open to the public.

(b) The release-contained barrier owner will maintain downstream containment structures or sites with sufficient containment throughout the useful life of the release-contained barrier.

2. A topographic site plan that shows:

(a) The property lines and ownership status of the land.

(b) Any areas of the property that are open to the public.

(c) The locations and storage capacities of the release-contained barrier and the downstream containment structures or sites.

E. The director may conduct site inspections to verify the release-contained barrier exemption.
A.R.S. § 45-1717 — Arizona Code / Title 45 / Chapter 10 / Article 1 / Section 1717
45-1717 Bonds and notes legal investments
Status: in_force

45-1717. Bonds and notes legal investments

The bonds and notes are hereby made securities in which all public officers and bodies of the state and all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds and notes are also hereby made securities which may be deposited with and may be received by all public officers and bodies of the state and all municipalities and political subdivisions for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized.
A.R.S. § 45-158 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 158
45-158 Effect of approval or rejection of application
Status: in_force

45-158. Effect of approval or rejection of application

The approval or rejection of an application for the appropriation of water shall be endorsed on the application, a record of the action kept by the director, and the application returned immediately to the applicant. If approved, the applicant may construct the necessary works, take steps to apply the water to a beneficial use and perfect the appropriation. If the application is rejected, the applicant shall take no steps toward construction of the proposed work or diversion of the water.
A.R.S. § 45-259 — Arizona Code / Title 45 / Chapter 1 / Article 9 / Section 259
45-259 Rules governing general adjudications
Status: in_force

45-259. Rules governing general adjudications

The general adjudication is governed in all respects by the Arizona rules of evidence, the Arizona rules of civil procedure and any other procedural rules generally applicable to civil proceedings, except that the specific provisions of this article govern if they conflict with the Arizona rules of civil procedure or any other procedural rules generally applicable to civil proceedings. Any proceedings previously initiated under prior law and transferred to the superior court for adjudication are subject to the provisions of this article only after the transfer has been effected.
A.R.S. § 45-524 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 524
45-524 Approval or rejection of permit application
Status: in_force

45-524. Approval or rejection of permit application

A. The approval or rejection of an application for a permit shall be endorsed on the application and dated. If the permit is denied, the director shall notify the applicant in writing specifically stating the reasons for denial.

B. A permit issued by the director shall contain the following information:

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

2. The name of the active management area and sub-basin in which the groundwater may be withdrawn.

3. The category of permit issued.

4. The specific purpose for which the permit is issued.

5. The point or points of withdrawal of groundwater pursuant to the permit.

6. The legal description of the land on which the groundwater may be used.

7. If the permit is other than a permit issued under section 45-519.01, subsection B, the total annual amount of groundwater that may be withdrawn.

8. If the permit is issued under section 45-519.01, subsection B, the total amount of groundwater that may be withdrawn.

9. If the permit is issued under section 45-515 and the director has waived the requirement of section 45-515, subsection A, paragraph 6, a statement that the director was unable to determine if there is an assured water supply for the permitted use at the permitted point of withdrawal.

10. If groundwater is to be withdrawn from a new well or wells, the depth, diameter and general specifications for each such well.

11. The duration of the permit.

12. Conditions on the permit authorized by this chapter or rules adopted pursuant to this chapter and such other information as the director may determine.
A.R.S. § 45-1944 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1944
45-1944 Planning
Status: in_force

45-1944. Planning

In conjunction and cooperation with local governmental entities and the director of water resources, the authority shall:

1. Within one year of the authority's formation, develop an initial water resource augmentation plan for the county in which the authority is established to guide the development of water augmentation efforts in that county.

2. Coordinate water conservation efforts to encourage pooling the resources of all operating units in the county in which the authority is established to maximize conservation of the existing water sources in that county.
A.R.S. § 45-606 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 606
45-606 Well administration and enforcement fund; purpose
Status: in_force

45-606. Well administration and enforcement fund; purpose

A. The well administration and enforcement fund is established consisting of fees paid to the department pursuant to section 45-596, subsection L and section 45-599, subsection J.  The department shall administer the fund.  Monies in the fund are continuously appropriated and shall be used by the director for the following purposes:

1. For the reasonable and necessary costs of the department to implement this article.

2. For compliance monitoring, investigation and enforcement activities of the department pertaining to the construction, replacement, deepening and abandonment of wells and capping of open wells under this article.

B. The fund shall be a separate account on the books of the department.  Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.  On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 45-136 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 136
45-136 Cease and desist order; temporary cease and desist order; hearings; injunctive relief
Status: in_force

45-136. Cease and desist order; temporary cease and desist order; hearings; 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 any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purposes of 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 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. If the director finds that a person is filling or refilling all or a portion of a body of water in violation of any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purposes of this article, the director may issue a temporary order for the person to cease and desist the filling or refilling 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 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.