A.R.S. § 45-105 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 105
45-105 Powers and duties of director
Status: in_force

45-105. Powers and duties of director

A. The director may:

1. Formulate plans and develop programs for the practical and economical development, management, conservation and use of surface water, groundwater and the watersheds in this state, including the management of water quantity and quality.

2. Investigate works, plans or proposals pertaining to surface water and groundwater, including management of watersheds, and acquire, preserve, publish and disseminate related information the director deems advisable.

3. Collect and investigate information on and prepare and devise means and plans for the development, conservation and use of all waterways, watersheds, surface water, groundwater and groundwater basins in this state and of all related matters and subjects, including irrigation, drainage, water quality maintenance, regulation of flow, diversion of running streams adapted for development in cooperating with the United States or by this state independently, flood control, use of water power, prevention of soil waste and storage, conservation and development of water for every useful purpose.

4. Measure, survey and investigate the water resources of this state and their potential development and cooperate and contract with agencies of the United States for such purposes.

5. Acquire, hold and dispose of property, including land, rights-of-way, water and water rights, as necessary or convenient for the performance of the groundwater and water quality management functions of the department.

6. Acquire, other than by condemnation, construct, improve, maintain and operate early warning systems for flood control purposes and works for the recovery, storage, treatment and delivery of water.

7. Accept grants, gifts or donations of money or other property from any source, which may be used for any purpose consistent with this title. All property acquired by the director is public property and is subject to the same tax exemptions, rights and privileges granted to municipalities, public agencies and other public entities.

8. Enter into an interagency contract or agreement with any public agency pursuant to title 11, chapter 7, article 3 and contract, act jointly or cooperate with any person to carry out the purposes of this title.

9. Prosecute and defend all rights, claims and privileges of this state respecting interstate streams.

10. Initiate and participate in conferences, conventions or hearings, including congressional hearings, court hearings or hearings of other competent judicial or quasi-judicial departments, agencies or organizations, and negotiate and cooperate with agencies of the United States or of any state or government and represent this state concerning matters within the department's jurisdiction.

11. Apply for and hold permits and licenses from the United States or any agency of the United States for reservoirs, dam sites and rights-of-way.

12. Receive and review all reports, proposed contracts and agreements from and with the United States or any agencies, other states or governments or their representatives and recommend to the governor and the legislature action to be taken on such reports, proposed contracts and agreements. The director shall take action on such reports, if authorized by law, and review and coordinate the preparation of formal comments of this state on both the preliminary and final reports relating to water resource development of the United States army corps of engineers, the United States secretary of the interior and the United States secretary of agriculture, as provided for in the flood control act of 1944 (58 Stat. 887; 33 United States Code section 701-1).

13. Contract with any person for imported water or for the acquisition of water rights or rights to withdraw, divert or use surface water or groundwater as necessary for the performance of the groundwater management functions of the director prescribed by chapter 2 of this title.  If water becomes available under any contract executed under this paragraph, the director may contract with any person for its delivery or exchange for any other water available.

14. Recommend to the administrative heads of agencies, boards and commissions of this state, and political subdivisions of this state, rules to promote and protect the rights and interests of this state and its inhabitants in any matter relating to the surface water and groundwater in this state.

15. Conduct feasibility studies and remedial investigations relating to groundwater quality and enter into contracts and cooperative agreements under section 104 of the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510) to conduct such studies and investigations.

16. Dispose informally by stipulation, agreed settlement, consent order or alternative means of dispute resolution, including arbitration, if the parties and director agree, or by default of any case in which a hearing before the director is required or allowed by law.

17. Cooperate and coordinate with the appropriate governmental entities in Mexico regarding water planning in areas near the border between Mexico and Arizona and for the exchange of relevant hydrological information.

B. The director shall:

1. Exercise and perform all powers and duties vested in or imposed on the department and adopt and issue rules necessary to carry out the purposes of this title.

2. Administer all laws relating to groundwater, as provided in this title.

3. Be responsible for the supervision and control of reservoirs and dams of this state and, when deemed necessary, conduct investigations to determine whether the existing or anticipated condition of any dam or reservoir in this state is or may become a menace to life and property.

4. Coordinate and confer with and may contract with:

(a) The Arizona power authority, the game and fish commission, the state land department, the Arizona outdoor recreation coordinating commission, the Arizona commerce authority, the department of health services, active management area water authorities or districts and political subdivisions of this state with respect to matters within their jurisdiction relating to surface water and groundwater and the development of state water plans.

(b) The department of environmental quality with respect to title 49, chapter 2 for its assistance in the development of state water plans.

(c) The department of environmental quality regarding water plans, water resource planning, water management, wells, water rights and permits, and other appropriate provisions of this title pertaining to remedial investigations, feasibility studies, site prioritization, selection of remedies and implementation of the water quality assurance revolving fund program pursuant to title 49, chapter 2, article 5.

(d) The department of environmental quality regarding coordination of databases that are necessary for activities conducted pursuant to title 49, chapter 2, article 5.

5. Cooperate with the Arizona power authority in the performance of the duties and functions of the authority.

6. Maintain a permanent public depository for existing and future records of stream flow, groundwater levels and water quality and other data relating to surface water and groundwater.

7. Maintain a public docket of all matters before the department that may be subject to judicial review pursuant to this title.

8. Investigate and take appropriate action on any complaints alleging withdrawals, diversions, impoundments or uses of surface water or groundwater that may violate this title or the rules adopted pursuant to this title.

9. Adopt an official seal for the authentication of records, orders, rules and other official documents and actions.

10. Provide staff support to the Arizona water protection fund commission established by chapter 12 of this title.

11. Exercise and perform all powers and duties invested in the chairperson of the Arizona water banking authority commission as prescribed by chapter 14 of this title.

12. Provide staff support to the Arizona water banking authority established by chapter 14 of this title.

13. In the year following each regular general election, present information to the committees with jurisdiction over water issues in the house of representatives and the senate.  A written report is not required but the presentation shall include information concerning the following:

(a) The current status of the water supply in this state and any likely changes in that status.

(b) Issues of regional and local drought effects, short-term and long-term drought management efforts and the adequacy of drought preparation throughout the state.

(c) The status of current water conservation programs in this state.

(d) The current state of each active management area and the level of progress toward management goals in each active management area.

(e) Issues affecting management of the Colorado river and the reliability of this state's two million eight hundred thousand acre-foot allocation of Colorado river water, including the status of water supplies in and issues related to the Colorado river basin states and Mexico.

(f) The status of any pending or likely litigation regarding surface water adjudications or other water-related litigation and the potential impacts on this state's water supplies.

(g) The status of Indian water rights settlements and related negotiations that affect this state.

(h) Other matters related to the reliability of this state's water supplies, the responsibilities of the department and the adequacy of the department's and other entities' resources to meet this state's water management needs.

14. Not later than December 1, 2023 and on or before December 1 of each year thereafter, prepare and issue a water supply and demand assessment for at least six of the fifty-one groundwater basins established pursuant to section 45-403. The director shall ensure that a water supply and demand assessment is completed for all groundwater basins and initial active management areas at least once every five years. The director may contract with outside entities to perform some or all of the assessments and those outside entities shall be identified in the assessment.
A.R.S. § 45-569 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 569
45-569 Management goals and management plans for subsequent active management areas
Status: in_force

45-569. Management goals and management plans for subsequent active management areas

A. Within thirty days of the designation of a subsequent active management area pursuant to article 2 of this chapter, the director shall establish a management goal for the active management area and the number of years in which the goal is to be achieved.

B. Not later than two years after the designation of a subsequent active management area, the director shall promulgate an initial management plan for the active management area and may provide for subsequent management plans to be promulgated during the time set for achieving the management goal. If the director determines that active management is necessary to preserve the existing supply of groundwater for future needs or that land subsidence or fissuring is endangering property or potential groundwater storage capacity, the director, in developing the plan or plans, shall include measures for reducing groundwater withdrawals which follow as closely as practicable the program set forth in sections 45-564 through 45-568. If the director determines that active management is necessary because the use of groundwater is resulting in actual or threatened groundwater quality degradation, the director shall, in cooperation with the department of environmental quality, include in the plan or plans a program for prevention or amelioration of groundwater quality problems and a schedule for implementation of the proposed solutions. The director shall submit such program to the legislature for any necessary enabling legislation or coordination with existing programs of the department of environmental quality.

C. All management plans, including the management goal, for a subsequent active management area, shall be adopted only after public hearings pursuant to sections 45-570 and 45-571.
A.R.S. § 45-1043 — Arizona Code / Title 45 / Chapter 4 / Article 3 / Section 1043
45-1043 Contents of permit
Status: in_force

45-1043. Contents of permit

A. A specific use permit issued by the director pursuant to section 45-1041 shall contain the following information:

1. The names and mailing addresses of the persons to whom the permit is issued.

2. The name of any active management area or irrigation non-expansion area from which groundwater may be withdrawn pursuant to the permit.

3. The point or points of withdrawal, including well registration number, of any groundwater or stored water and the point or points of diversion of any surface water or other water to be exchanged pursuant to the permit.

4. The legal descriptions of the lands on which the water may be used pursuant to the permit.

5. The total annual amount of water that may be used pursuant to the permit.

6. The duration of the permit, up to a maximum of fifty years.

7. Conditions on the permit authorized by this chapter or rules adopted pursuant to this chapter.

8. Such other information as the director deems appropriate.

B. A general use permit issued by the director pursuant to section 45-1041 shall contain the following information:

1. The names and mailing addresses of the political subdivisions, or political subdivisions and private water companies, to which the permit is issued.

2. The name of any active management area or irrigation non-expansion area from which groundwater may be withdrawn pursuant to the permit.

3. The geographic areas within which the parties may withdraw groundwater or divert surface water, as applicable.

4. The uses to which any exchanged water may be applied during the term of the permit.

5. The maximum amount of water that may be exchanged by each party during any twelve month period.

6. The duration of the permit, up to a maximum of fifty years.

7. Conditions on the permit authorized by this chapter or rules adopted pursuant to this chapter.

8. Such other information as the director deems appropriate.
A.R.S. § 45-341 — Arizona Code / Title 45 / Chapter 1 / Article 14 / Section 341
45-341 Definitions
Status: in_force

45-341. Definitions

In this article, unless the context otherwise requires:

1. "Community water system" means a public water system that serves at least fifteen service connections used by year-round residents of the area served by the system or that regularly serves at least twenty-five year-round residents of the area served by the system. A person is a year-round resident of the area served by a system if the person’s primary residence is served water by that system.

2. "Large community water system" means a community water system that serves water to more than one thousand eight hundred fifty persons.

3. "Public water system" means an entity that distributes or sells water and that qualifies as a public water system under section 49-352, subsection B.

4. "Small community water system" means a community water system that does not qualify as a large community water system.
A.R.S. § 45-420 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 420
45-420 Groundwater users advisory councils; appointment; representation of water users; term; compensation
Status: in_force

45-420. Groundwater users advisory councils; appointment; representation of water users; term; compensation

A. There shall be a groundwater users advisory council in each active management area consisting of five members. Members of the council shall be appointed by the governor to represent the users of groundwater in the active management area and on the basis of their knowledge of, interest in and experience with problems relating to the development, use and conservation of water.

B. The term of office of each member is six years. The terms of two members shall expire on the third Monday of January each even numbered year, except that each third even numbered year the term of one member shall expire.

C. Members of the council shall serve without compensation, except that each member shall be reimbursed for travel and subsistence while engaged in business of the council in the same manner as is provided by law for state officers.
A.R.S. § 45-871.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 5 / Section 871.01
45-871.01 Permit application; fee; notice of application; objections; hearing; appeal
Status: in_force

45-871.01. Permit application; fee; notice of application; objections; hearing; appeal

A. The director shall prescribe and furnish application forms for the permits prescribed by articles 2 and 3 of this chapter. The application forms shall require the applicant to submit the information needed by the director to determine whether the permit may be issued. 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 each permit. 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.

B. On receipt of an application for a permit pursuant to this chapter, the director shall endorse on the application the date of its receipt and shall keep a record of the application.  Within fifteen days after receipt of an application for an underground storage facility permit, the director shall post notice of the application on the department's website until the director issues a decision on the application. The notice shall state the name of the applicant, the location of the proposed underground storage facility, the date the application was filed and the application number.  The notice required by this subsection is in addition to the notice requirement in subsection D of this section.  The director shall conduct a review of the application within one hundred eighty days after receiving the application. If the director determines in the review that the application is incomplete or incorrect, the director shall notify the applicant and the review period is extended by fifteen days. The application is incomplete or incorrect until the applicant files the information requested in the application. The director may conduct independent investigations as necessary to determine whether the application should be approved or rejected.

C. If the application is for water storage at an underground storage facility that is exempt from the requirement for an aquifer protection permit under section 49-250, subsection B, paragraph 12, 13 or 24, the director of water resources shall consult with the director of environmental quality and shall develop a coordinated and unified permit review process, which conforms to the time schedule prescribed by this section, to determine whether the permit application is correct and whether the development of a plan of action for monitoring and data analysis shall be required.

D. Except as provided in subsection E of this section, if the application is determined to be complete and correct and the application is for a storage facility permit or a water storage permit, the director, within fifteen days after that determination or a longer period if requested by the applicant, shall 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 persons reside who could reasonably be expected to be affected by the water storage. The director shall also give notice by first class mail to each city, town, private water company, conservation district, irrigation district and electrical district that serves land within the area of impact of the stored water. The notice shall state that persons who may be adversely affected by the water storage may file written objections to the issuance of the permit with the director for fifteen days after the last publication of notice. An objection shall state the name and mailing address of the objector, shall be signed by the objector or the objector's agent or attorney and shall clearly set forth the reasons why the permit should not be issued. The grounds for objection are limited to whether the application meets the criteria for issuing the permit being requested as prescribed by articles 2 and 3 of this chapter.

E. If the application is determined to be complete and correct and the application is for a water storage permit to store Colorado river water at a storage facility where storage of Colorado river water has previously been permitted, the director may issue the permit within twenty days after that determination if all of the following apply:

1. The holder of the storage facility permit with which the water storage permit will be affiliated has consented to the water storage.

2. The water storage permit will not require a modification of an affiliated water storage facility permit.

3. Colorado river water will be the only type of water stored under the water storage permit.

4. The applicant has the right to use the Colorado river water.

F. Except as provided in section 45-834.01, subsection D, if the application is determined to be complete and correct and the application is for a recovery well permit, the director, within fifteen days after the determination or a longer period if requested by the applicant, shall give notice of the application once each week for two consecutive weeks in a newspaper of general circulation in the county in which the applicant proposes to recover stored water. If the application is for a well located inside of or within three miles of the exterior boundaries of the service area of a city, town, private water company or irrigation district, the applicant shall give notice of the application by first class mail to each city, town, private water company or irrigation district within that distance. The applicant shall file proof of the notice with the director. The notice shall state that persons who may be adversely affected by the recovery well may file written objections to the issuance of the permit with the director for fifteen days after the last publication of notice. An objection shall state the name and mailing address of the objector, shall be signed by the objector or the objector's agent or attorney and shall clearly set forth reasons why the permit should not be issued. The grounds for objection are limited to whether the application meets the criteria for issuing a recovery well permit as set forth in section 45-834.01, subsection B. For the purposes of this subsection, if the proposed recovery well is located within three miles outside of the exterior boundaries of the service area of a city, town, private water company or irrigation district, a city, town, private water company or irrigation district within that distance shall be considered a person who may be adversely affected by the recovery well.

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

H. If a hearing is not held, the director shall issue a decision and order within one hundred days after the date notice of the application is first given pursuant to subsection D or F of this section, or within ninety days in the case of an application under article 6 of this chapter. The director shall record and endorse the approval or rejection of the application on the application. If the permit is denied, the director shall return a copy of the application to the applicant specifically stating the reasons for denial.

I. The applicant or any person who filed 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 superior court as provided in section 45-405.

J. Section 45-114, subsections A and B govern administrative proceedings, rehearings 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 storage or recovery is located.

K. On receipt of an application for a permit pursuant to this section, the director shall provide written notice of the proposed permit to the city, town or county that has land use jurisdiction over the site that is the subject of the permit. The notice shall be given at the same time and in the same manner as the notices prescribed by subsections D and F of this section in order to provide the city, town or county with the opportunity to comment on the proposed facility's or well's compliance with site planning and operational requirements of the city, town or county. This subsection does not limit the exclusive authority of the director to determine the issuance of the permit or the site of the facility or well or to reduce the authority of the city, town or county to enforce its applicable ordinances governing site planning and operational requirements.
A.R.S. § 45-1972 — Arizona Code / Title 45 / Chapter 11 / Article 4 / Section 1972
45-1972 Groundwater augmentation and conservation assistance fee; transfer to authority
Status: in_force

45-1972. Groundwater augmentation and conservation assistance fee; transfer to authority

A. Within sixty days after the authority is formed, the department shall transfer to the secretary-treasurer of the authority one-half of all unencumbered monies and the accrued interest on those monies that were collected in the active management area in which the authority is located during the prior year pursuant to section 45-611, subsection C, paragraph 2.

B. Each year the director shall transfer an amount of not more than two hundred thousand dollars to the secretary-treasurer of the authority from the monies collected in that year in the active management area in which the authority is located pursuant to section 45-611, subsection C, paragraphs 2 and 3. The director shall specify the amount from each funding source to be transferred.

C. The secretary-treasurer shall deposit the transferred monies in the general fund of the authority, and the authority may spend the monies to carry out the purposes of this chapter.
A.R.S. § 45-576.07 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576.07
45-576.07 Determining water sufficiency and availability; water availability status capability plans
Status: in_force

45-576.07. Determining water sufficiency and availability; water availability status capability plans

A. For the purposes of determining whether to designate or maintain the designation of a city, town or private water company as having an assured water supply, when the service area of that city, town or private water company has qualified as a member service area of a conservation district pursuant to title 48, chapter 22, article 4, and when the member service area has been granted water availability status by a resolution of the conservation district adopted pursuant to section 48-3772, subsection B, paragraph 10, the director shall find that sufficient groundwater, surface water or effluent will be continuously available to satisfy the water needs of a proposed use for at least one hundred years under section 45-576 if all of the following apply:

1. The conservation district has committed through the resolution granting water availability status to the city, town or private water company to replenish a specified average annual volume of water in a location where the city, town or private water company may physically access the water for service to its customers.

2. The director finds that the commitment by the conservation district to replenish the specified average annual volume of water will provide a sufficient supply of water that will be continuously available to satisfy the water needs of the city, town or private water company's proposed use for at least one hundred years.

3. The director finds that, without the water supply provided through the resolution adopted by the conservation district, the city, town or private water company would be unable to obtain or maintain a designation as having an assured water supply for its current and committed demands beyond 2010.

4. The director finds that the commitment by the conservation district to replenish a specified average annual volume of water in a location where the city, town or private water company may physically access the water for service to its customers is consistent with the most recent plan approved by the director pursuant to subsection H of this section.

5. The director finds that the conservation district or the city, town or private water company has committed to ensure that a five year supply of water will be maintained and available for use by the city, town or private water company in years in which water is not available for replenishment.

6. The conservation district or the city, town or private water company has obtained all permits necessary to replenish water at the location specified in the resolution, including underground storage facility permits and water storage permits issued under chapter 3.1 of this title.

7. If the water supply made available to the city, town or private water company through replenishment by the conservation district will serve only a portion of the water needs of the city, town or private water company, the director finds that the city, town or private water company has sufficient groundwater, surface water or effluent that will be continuously available to satisfy the remaining needs of the city, town or private water company for at least one hundred years, in accordance with the rules adopted by the director pursuant to section 45-576, subsection H.

8. The director has determined pursuant to subsection H of this section that the most recent plan submitted by the conservation district pursuant to this section establishes that the conservation district has the capability to grant water availability status to member service areas.

B. To establish that the conservation district has the capability to grant water availability status to member service areas in an active management area, the conservation district may submit a plan for the active management area to the director that includes all of the following information:

1. An estimate of the conservation district's current and projected groundwater replenishment obligations, as defined in section 48-3701, for the following one hundred calendar years.

2. An estimate of the conservation district's current and projected contract replenishment obligations, as defined in section 48-3701, for the following one hundred calendar years.

3. An estimate of the conservation district's current and projected commitments to member service areas that have or will be granted water availability status by the conservation district.

4. A description of water resources that are available to the conservation district for use in satisfying the obligations described in paragraphs 1 through 3 of this subsection during the following twenty calendar years.

5. A description of water resources that are expected to be available to the conservation district for use in satisfying the obligations described in paragraphs 1 through 3 of this subsection during the following one hundred calendar years.

6. A description of the transportation facilities and available capacity in those facilities to be used in satisfying the obligations described in paragraphs 1 through 3 of this subsection during the following twenty calendar years.

7. An analysis of potential transportation facilities and available capacity in those facilities that could be used in satisfying the obligations described in paragraphs 1 through 3 of this subsection during the following one hundred calendar years.

C. Within sixty days after receiving the conservation district's plan, the director shall determine if the conservation district has submitted sufficient information to determine whether the conservation district has the capability to grant water availability status to member service areas. If the director determines that the information is insufficient for that determination, the director shall notify the conservation district of the insufficiency in writing and shall specify what additional information is required. The conservation district shall provide the information to the director within a reasonable time as specified by the director.

D. Upon determination that the plan of the conservation district is complete, the director shall publish notice in a newspaper of general statewide circulation once each week for two consecutive weeks:

1. Requesting public comment concerning information supplied by the conservation district to meet the requirements of subsection B of this section.

2. Setting a date and location of a public hearing to be held pursuant to subsection E of this section.

E. The director shall hold a public hearing within sixty days after the last day of the notice under subsection D of this section. The hearing shall be conducted in an informal manner without adhering to the rules of evidence in judicial proceedings. Any person, including the department, shall have an opportunity to comment on or to present evidence regarding the submitted plan.

F. The conservation district shall respond in writing to all public comments whether received at the hearing or otherwise received by a date announced by the director.

G. Within sixty days after the hearing on the first plan submitted under subsection B of this section, or within one hundred twenty days after the hearing on any subsequent plan submitted under subsection K of this section, the director shall issue a decision for each of the active management areas in which the conservation district is attempting to establish that the conservation district has the capability to grant water availability status to member service areas.

H. The director shall issue a decision that the conservation district's plan establishes that the conservation district has the capability to grant water availability status to member service areas, if the director finds that the conservation district has the current capability to meet the obligations described in subsection B, paragraphs 1 through 3 for the twenty calendar years following the submission of the plan and if the director finds that the conservation district has established an adequate plan to meet those obligations for the one hundred calendar years following the submission of the plan.

I. Unless the conservation district successfully appeals the director's decision pursuant to subsection J of this section, if the director has made a determination that the conservation district does not have the capability to grant water availability status to member service areas, the director shall notify the conservation district of the insufficiency of the plan in writing and shall specify the insufficiencies of the plan. If, at the time the conservation district receives the insufficiencies of the plan from the director, any member service area has water availability status, the conservation district shall modify and resubmit the plan, and the director shall review the plan as provided in this section, except that the director shall only hold a hearing regarding those matters that the conservation district has modified in its resubmitted plan.

J. The director's determination under subsection H of this section is subject to rehearing or review and to judicial review as provided in section 45-114, subsection C, but the court shall not issue a temporary restraining order or preliminary injunction to prevent the director from acting under this chapter while the action is pending.

K. If the conservation district submits a plan for an active management area to the director pursuant to subsection B of this section, the conservation district shall thereafter, in conjunction with every plan required by section 45-576.02, subsection C, also submit the plan for that active management area described by subsection B of this section. The director shall then review the plan in accordance with subsections C through J of this section. The conservation district shall not be required to submit the plan described in this section for an active management area unless a member service area which has water availability status is located within that active management area.
A.R.S. § 45-860.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 860.01
45-860.01 Water district account; debits and credits
Status: in_force

45-860.01. Water district account; debits and credits

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

B. For each reporting year, the water district groundwater replenishment obligation, as defined in section 48-4801, shall be debited from the water district account.

C. For each reporting year, the contract replenishment obligation, as defined in section 48-4801, shall be debited from the water district account.

D. On application by a water district to the director, credits in the water district's long-term storage account for an active management area, including credits earned from a state demonstration project permitted pursuant to article 6 of this chapter, shall be transferred and credited to the water district's water district account for the same active management area.

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

F. By October 31 of each year, the director shall determine whether the water district has completed the water district groundwater replenishment obligation for the active management area as prescribed by section 48-4972.

G. Credits in a water district account may not be assigned or transferred out of the water district account.
A.R.S. § 45-431 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 431
45-431 Initial irrigation non-expansion areas
Status: in_force

45-431. Initial irrigation non-expansion areas

The Douglas critical groundwater area and the Joseph City critical groundwater area, delineated in the orders of the state land commissioner dated May 5, 1965 and December 16, 1974, respectively, are designated as initial irrigation non-expansion areas on the effective date of this chapter and are governed by the provisions of this article.
A.R.S. § 45-634 — Arizona Code / Title 45 / Chapter 2 / Article 12 / Section 634
45-634 Cease and desist order; temporary cease and desist order; hearing; injunctive relief
Status: in_force

45-634. Cease and desist order; temporary cease and desist order; hearing; injunctive relief

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

B. If the director finds that a person is constructing or modifying a well and the person does not hold a well driller's or single well license pursuant to section 45-595 or has not obtained the necessary authority to construct or modify the well pursuant to article 7 of this chapter or section 45-596, 45-597, 45-598 or 45-834.01, the director may issue a temporary order for the person to cease and desist the construction or modification 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.
A.R.S. § 45-1941 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1941
45-1941 Cooperation with governmental entities
Status: in_force

45-1941. Cooperation with governmental entities

A. The authority shall cooperate, coordinate and confer with the director of water resources, state agencies, special districts, authorities and other political subdivisions of this state and the United States with respect to matters within their jurisdiction relating to augmenting the water supplies of the county in which the authority is established and developing state water plans.

B. In acquiring, constructing and operating projects, the authority, consistent with the purposes and policies of this chapter, shall cooperate with established and existing organizations for use of or interconnection with suitable diversion, withdrawal, transportation, delivery, treatment, storage or recharge facilities.

C. Any operating unit, or combination of operating units, may request the authority to exercise its powers and privileges in making any project or proposed project survey or investigation, or for assistance in initiating or completing any works or projects authorized by this chapter.

D. The authority may act as:

1. A bargaining and negotiating agency on the request of an operating unit in transactions and dealings between the various departments of the federal government.

2. A connecting, intermediate or contracting medium for operating units if, for united or joint participation, such a medium is convenient or essential to the receipt, acceptance or enjoyment by the operating units of any financial proposals, grants or other benefits made available under any statute or by any entity.

3. A coordinating, clearing, administering or supervising instrumentality by and through which operating units may cooperate or unite through or by contracts or agreements in applying or pooling their resources, functional rights or privileges for common purposes contemplated under this chapter.

4. An entity competent to contract with the United States for the delivery of water, and to subcontract with its operating units pursuant to such terms as the United States and the board deem advisable, and to assign or assume such contracts subject to the terms or limitations the United States and the board deem advisable.

E. Operating units may enter into contracts, agreements and arrangements, including intergovernmental agreements under title 11, chapter 7, article 3, that may be necessary to accomplish the purposes of this section.

F. This section shall not be construed to alter any debt limitation of the operating units.
A.R.S. § 45-571.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 571.01
45-571.01 Notification to persons filing late applications for certificates of grandfathered rights and to persons with new groundwater rights or uses; compliance; variance; review
Status: in_force

45-571.01. Notification to persons filing late applications for certificates of grandfathered rights and to persons with new groundwater rights or uses; compliance; variance; review

A. The director, at the time a certificate of grandfathered right is issued pursuant to the late application procedures in section 45-476.01, shall establish and give written notice of any applicable irrigation water duty or conservation requirement.

B. The director may give written notice at any time of a conservation requirement to a person in the active management area with a right to withdraw, distribute or use groundwater in the active management area pursuant to this chapter, if the right or the use by the person was not in existence when the management plan was adopted. A person given written notice pursuant to this subsection shall comply with the conservation requirement not later than the compliance date specified in the notice.

C. A person given written notice pursuant to subsection A of this section shall comply with the applicable irrigation water duty or conservation requirement not later than January 1 of the calendar year following the first full year after the date of the notice.

D. Except as provided in subsection E of this section, a person who is given notice of an irrigation water duty or conservation requirement pursuant to subsection A or B of this section may request a variance or an administrative review pursuant to sections 45-574 and 45-575. A party aggrieved by the director's decision regarding a request for variance or administrative review may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court in the county in which the irrigated land or non-irrigation use is located.

E. A person who acquires an interest in land on which groundwater is being used and who is given notice of an irrigation water duty or conservation requirement for the use pursuant to subsection B of this section does not have the right to request an administrative review of the irrigation water duty or conservation requirement pursuant to section 45-575, subsection A if any previous owner of an interest in the land had the right to request an administrative review of the irrigation water duty or conservation requirement. This subsection does not apply if both of the following exist:

1. The person who is given notice pursuant to subsection B of this section previously owned the land on which the groundwater is being used and title to the land has reverted involuntarily, or voluntarily in lieu of foreclosure, to that person.

2. The person who is given notice pursuant to subsection B of this section did not previously have the right to request an administrative review of the irrigation water duty or conservation requirement.
A.R.S. § 45-2202 — Arizona Code / Title 45 / Chapter 13 / Article 1 / Section 2202
45-2202 Formation
Status: in_force

45-2202. Formation

A. An authority may be formed in any county with a population of more than ninety thousand persons and less than one hundred twenty thousand persons according to the most recent United States decennial census or in a county that contains a portion of the Harquahala irrigation non-expansion area and that does not contain any portion of an active management area.

B. The members of the authority may include:

1. Municipal corporations in the county that:

(a) Had contracts with the United States for the delivery of Colorado River water as of January 1, 1993.

(b) Have adopted resolutions approving the formation of the authority as prescribed by subsection C, paragraph 1 of this section.

2. For an authority in a county that contains a portion of the Harquahala irrigation non-expansion area and that does not contain any portion of an active management area, eligible entities as prescribed in section 45-554, subsection D that:

(a) Own acres or have adopted plans to acquire acres that may be irrigated in the Harquahala irrigation non-expansion area pursuant to section 45-437, subsection B.

(b) Have adopted resolutions approving the formation of the authority as prescribed by subsection C, paragraph 1 of this section.

(c) Are not the state.

C. The authority shall be formed on the occurrence of the following events:

1. The adoption of resolutions approving the authority's formation by either of the following:

(a) A majority of the municipal corporations in the county that had contracts with the United States for the delivery of Colorado River water as of January 1, 1993.

(b) For an authority in a county that contains a portion of the Harquahala irrigation non-expansion area and that does not contain any portion of an active management area, two or more eligible entities as prescribed in section 45-554, subsection D. For the purposes of this subdivision, one of the eligible entities must be the board of supervisors of the county in which the authority is formed.

2. The transfer to the authority of the right to the delivery of eighteen thousand five hundred acre-feet per year of Colorado River water from a municipal corporation in the county where the authority is to be formed within seven hundred thirty days after the adoption of resolutions as prescribed by paragraph 1 of this subsection.

D. A municipal corporation and eligible entity as prescribed in section 45-554, subsection D shall jointly appoint a person to represent the municipal corporation on the authority.

E. On full compliance with subsection C of this section, the authority shall:

1. Notify the board of supervisors in the county in which the authority is formed of the authority's formation.

2. Publish a notice of the authority's formation once each week for two consecutive weeks in a newspaper of general circulation in the county in which the authority is formed.

3. Notify each applicable authority member that the events prescribed by subsection C of this section have occurred.

F. An authority member that in connection with the formation of the authority or after the formation of the authority transfers, or causes to be transferred, to the authority all or a portion of its contractual entitlement to the delivery of Colorado River water shall remain an authority member after the transfer.

G. By vote of the directors, the membership of the authority may be expanded to include municipal corporations in the county that obtains contracts for the delivery of Colorado River water from the United States after January 1, 1993 and that have adopted a resolution approving the inclusion.
A.R.S. § 45-166 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 166
45-166 Approval for appropriation of waters for generating electric energy
Status: in_force

45-166. Approval for appropriation of waters for generating electric energy

A. The consumptive use of up to thirty-four thousand one hundred acre feet of water per year chargeable to the water apportioned to the state of Arizona under the provisions of article III, section (a) (1) of the upper Colorado river basin compact (act of April 6, 1949; 63 Stat. 31) for the operation of a thermal generating plant to be located in the state of Arizona and for the benefit of all of the participants in such thermal generating plant is hereby approved.

B. The phrase "for the operation of a thermal generating plant", as used in this section, shall include the use of water for thermal generation of electric energy and all other purposes necessary or related to the operation of the thermal generating plant, including but not limited to mining, coal transportation and ash disposal.
A.R.S. § 45-172 — Arizona Code / Title 45 / Chapter 1 / Article 6 / Section 172
45-172 Transfer of water rights; application; limitations; required consent
Status: in_force

45-172. Transfer of water rights; application; limitations; required consent

A. A water right may be severed from the land to which it is appurtenant or from the site of its use if for other than irrigation purposes and with the consent and approval of the owner of such right may be transferred for use for irrigation of agricultural lands or for municipal, stock watering, power and mining purposes and to the state or its political subdivisions for use for recreation and wildlife purposes, including fish, without losing priority theretofore established, subject to the following limitations and conditions:

1. Except as otherwise provided in this section no such severance or transfer shall be made unless approved by the director, and the approval of the director shall prescribe the conditions of the approval.

2. Vested or existing rights to the use of water shall not be affected, infringed upon nor interfered with, and in no event shall the water diverted or used after the transfer of such rights exceed the vested rights existing at the time of such severance and transfer, and the director shall by order so define and limit the amount of water to be diverted or used annually subsequent to such transfer.

3. The water rights sought to be transferred shall have been lawfully perfected under the laws of the territory or the state of Arizona and shall not have thereafter been forfeited or abandoned.

4. No such severance or transfer of water rights shall be permitted or allowed from lands within the exterior boundaries of any irrigation district, agricultural improvement district or water users' association without first having obtained the written consent and approval of such irrigation district, agricultural improvement district or water users' association.

5. No right to the use of water on or from any watershed or drainage area which supplies or contributes water for the irrigation of lands within an irrigation district, agricultural improvement district or water users' association shall be severed or transferred without the consent of the governing body of such irrigation district, agricultural improvement district or water users' association. All proposed applications for the severance and transfer of a right to use water of or from any watershed or drainage area which supplies or contributes water for the irrigation of lands within any irrigation district, agricultural improvement district or water users' association shall be submitted to the governing body of such irrigation district, agricultural improvement district or water users' association prior to the filing of such application with the director. Within forty-five days after the receipt of the application such governing body shall reject or approve the proposed application. Failure of such governing body to approve or reject the proposed application within forty-five days after receipt shall constitute approval of the proposed application by such governing body. No application for the severance or transfer of a right to the use of water of or from any watershed or drainage area which supplies or contributes water for the irrigation of lands within any irrigation district, agricultural improvement district or water users' association shall be accepted for filing by the director unless accompanied by the written consent of the governing body of such irrigation district, agricultural improvement district or water users' association to the proposed application or by satisfactory evidence that such governing body failed to either accept or reject the proposed application within forty-five days after receipt by such governing body.

6. A severance and transfer of an irrigation water right appurtenant to lands within the boundaries of an irrigation district to other lands within the boundaries of the same irrigation district for agricultural use may be accomplished by the exclusion of lands to which a water right is appurtenant from within the boundaries of an irrigation district, and the inclusion in lieu of other lands within the boundaries of such irrigation district. Such severance and transfer of a water right shall require the consent of only the irrigation district within which the affected lands are situated and of the owners of the lands affected by the severance and transfer. No proceedings before nor approval by the director shall be required to accomplish such severance and transfer.

7. An application for severance and transfer of a water right shall be filed with the director. The director shall give notice of the application by publication once a week for three successive weeks in a newspaper of general circulation in the county or counties in which the watershed or drainage area is located. The notice shall state that any interested person may file written objections to the proposed severance and transfer with the director within thirty days after the last publication of the notice. In appropriate cases, including cases in which an 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.

B. 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. § 45-1606 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1606
45-1606 Exception
Status: in_force

45-1606. Exception

Nothing in this article shall be construed to prohibit the use and operation of equipment and supplies designed for the purpose of weather control or cloud modification owned by the owner, lessee or licensee of real property used for agricultural purposes on the property for his exclusive benefit.
A.R.S. § 45-1003 — Arizona Code / Title 45 / Chapter 4 / Article 1 / Section 1003
45-1003 Use of water pursuant to a water exchange
Status: in_force

45-1003. Use of water pursuant to a water exchange

A. A person who receives water pursuant to a water exchange or water exchange contract:

1. May withdraw, or divert, and use the water without holding a right to that water other than the authority granted by the water exchange or water exchange contract.

2. May use the water only in the same manner in which the person had the right to use the water that person gave in trade.

3. Shall comply with all orders of the director and all laws and rules relating to the water that the person gives in the exchange, including the restrictions on transportation of groundwater in chapter 2, articles 8 and 8.1 of this title.

B. A person who gives groundwater in an exchange is subject to the restrictions on transportation of groundwater and the provisions regarding payment of damages in chapter 2, articles 8 and 8.1 of this title as though:

1. The person who gave the groundwater withdrew the groundwater at the location where it was actually withdrawn by or for another party.

2. The person who gave the groundwater used the groundwater at the location where the person who gave the groundwater actually used the water it received in the exchange.

C. If groundwater is withdrawn in an active management area or irrigation non-expansion area, the person who actually withdraws the groundwater shall comply with section 45-604.
A.R.S. § 45-1005 — Arizona Code / Title 45 / Chapter 4 / Article 1 / Section 1005
45-1005 Registry of water exchanges
Status: in_force

45-1005. Registry of water exchanges

A. The director shall establish and maintain a registry of water exchange contracts enrolled under section 45-1021, water exchange permits issued under section 45-1041, and notices of water exchange filed with the director under section 45-1051.

B. Each person who is a party to an enrolled water exchange contract, a holder of a water exchange permit or a participant in a water exchange conducted pursuant to a notice of water exchange filed with the director under section 45-1051 shall notify the director within sixty days of a change in name or mailing address, a conveyance of the water exchange contract or permit or a valid change in point of withdrawal or diversion.

C. The director may require a person who is a party to an enrolled water exchange contract, a holder of a water exchange permit or a participant in a water exchange conducted pursuant to a notice of water exchange filed with the director under section 45-1051 to file additional information as necessary to keep the registry current and accurate.
A.R.S. § 45-1947 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1947
45-1947 Construction work and purchases by bid only; exceptions; award of contract; bond
Status: in_force

45-1947. Construction work and purchases by bid only; exceptions; award of contract; bond

A. The construction of projects or facilities undertaken by the authority shall be by contract and not by force account. The authority may enter into contracts for construction work exceeding twenty-five thousand dollars only after notice published for at least ten days, except in cases of emergency to prevent imminent loss or danger. All such contracts shall be let by public bid to the lowest responsible bidder. The authority may call for sealed bids and may accept or reject any bid. Bids shall be accompanied by a reasonable bid bond in an amount the authority demands. This subsection does not apply to any contracts entered into with a state or federal agency, a political subdivision or an Indian tribe.

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

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

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

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

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

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

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

3. The time of delivery or performance offered.

4. Whether the bidder has complied with the specifications.

D. Subsection B does not apply to any contracts entered into with a state or federal agency, a political subdivision or an Indian tribe.

E. The authority shall protect its interests by providing for and securing such bond or bonds as are required under title 34, chapter 2, article 2.
A.R.S. § 45-181 — Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 181
45-181 Definitions
Status: in_force

45-181. Definitions

In this article, unless the context otherwise requires:

1. "Beneficial use" includes but is not limited to use for domestic, municipal, recreation, wildlife, including fish, agricultural, mining, stockwatering and power purposes.

2. "Person" means any individual, partnership, association, public or private corporation, city or other municipality, county or state agency, a recognized Indian tribe and the United States of America when claiming water rights established under the laws of this state.

3. "Public waters" or "water" means waters of all sources flowing in streams, canyons, ravines or other natural channels or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface.
A.R.S. § 45-404 — Arizona Code / Title 45 / Chapter 2 / Article 1 / Section 404
45-404 Findings on hearing; maps; order for boundaries of groundwater basin; review and modification of boundaries
Status: in_force

45-404. Findings on hearing; maps; order for boundaries of groundwater basin; review and modification of boundaries

A. Within sixty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. For each groundwater basin, the director shall prepare and file in the director's office:

1. A map clearly identifying all lands included within the groundwater basin and its sub-basins.

2. Factual data justifying the boundaries of the groundwater basin and its sub-basins.

3. An order designating the boundaries of each groundwater basin and its sub-basins.

B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. The materials required by subsection A of this section and a transcript of the hearing are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.

C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the groundwater basin is located.

D. The director may, as conditions require and factual data justify, review and modify the boundaries of any groundwater basin or any sub-basin of a groundwater basin except for groundwater basins and sub-basins of a groundwater basin that are included within an initial active management area. The review and modification of boundaries of a groundwater basin or sub-basin included within a subsequent active management area or irrigation non-expansion area shall follow procedures set forth in sections 45-417 and 45-438. Any modification of boundaries designated pursuant to this article shall follow as closely as practicable the procedural requirements of section 45-403 and this section.
A.R.S. § 45-108 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 108
45-108 Evaluation of subdivision water supply; definition
Status: in_force

45-108. Evaluation of subdivision water supply; definition

A. In areas outside of active management areas established pursuant to chapter 2, article 2 of this title, the developer of a proposed subdivision including dry lot subdivisions, regardless of subdivided lot size, prior to recordation of the plat, shall submit plans for the water supply for the subdivision and demonstrate the adequacy of the water supply to meet the needs projected by the developer to the director. The director shall evaluate the plans and issue a report on the plans.

B. The director shall evaluate the proposed source of water for the subdivision to determine whether there is an adequate water supply for the subdivision, and shall forward a copy of the director's report to the state real estate commissioner and the city, town or county responsible for platting the subdivision.

C. The director may designate cities, towns and private water companies as having an adequate water supply by reporting that designation to the water department of the city or town or private water company and the state real estate commissioner.

D. As an alternative to designation under subsection C of this section, the director may designate a city or town that has entered into a contract with the United States secretary of the interior or a county water authority established pursuant to chapter 13 of this title for permanent supplies of Colorado river water for municipal and industrial use as having an adequate water supply if all of the following apply:

1. The city or town has entered into a contract with each private water company that serves water within the city or town to provide Colorado river water to those private water companies.

2. The Colorado river water for which the city or town has contracted is sufficient together with other water supplies available to the city or town and the private water companies that serve water within that city or town to provide an adequate supply of water for the city or town.

3. The director finds that new subdivisions within the city or town will be served primarily with Colorado river water by the city or town or one of the private water companies that serve water within that city or town.

E. The director shall not require a developer to submit plans for the water supply pursuant to subsection A of this section if either:

1. Both of the following apply:

(a) The developer has obtained a written commitment of water service from cities, towns or private water companies that have been designated as having an adequate water supply.

(b) That city, town or private water company has been designated as having an adequate water supply pursuant to subsection C of this section.

2. All of the following apply:

(a) The city or town has been designated as having an adequate water supply pursuant to subsection D of this section.

(b) The developer has obtained a written commitment of water service from the city or town or a private water company that serves water within that city or town.

(c) The developer has obtained the written concurrence of the city or town that has been designated.

F. The director may revoke a designation made pursuant to this section when the director finds that the water supply may become inadequate.

G. The state of Arizona and the director or department shall not be liable for any report, designation or evaluation prepared in good faith pursuant to this section.

H. If the director receives written notice from the board of supervisors of a county that it has adopted the provision authorized by section 11-823, subsection A, the director shall give written notice of the provision to the mayors of all cities and towns in the county.  A city or town that receives the notice shall comply with section 9-463.01, subsections J, K, L, M and N.

I. For the purposes of this section, "adequate water supply" means both of the following:

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

2. The financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use, including a delivery system and any storage facilities or treatment works. The director may accept evidence of the construction assurances required by section 9-463.01, 11-823 or 32-2181 to satisfy this requirement.
A.R.S. § 45-831.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 3 / Section 831.01
45-831.01 Water storage permits
Status: in_force

45-831.01. Water storage permits

A. A person may apply to the director for a water storage permit and may store water at a storage facility only pursuant to a water storage permit.

B. The director may issue a water storage permit to store water at a storage facility if the director determines that all of the following apply:

1. The applicant has a right to use the proposed source of water. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administration proceeding or in any judicial proceeding.

2. The applicant has applied for any water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law.

3. The water storage will occur at a permitted storage facility.

C. In addition to the requirements of subsection B of this section, if the applicant has applied for a water storage permit to store water at a groundwater savings facility, the director shall not issue the water storage permit unless the applicant has agreed in writing to comply with the plan by which the quantity of groundwater saved at the facility will be proved each year.

D. If the director issues a water storage permit, the director may make, if possible, the following determinations:

1. Whether the water to be stored is water that cannot reasonably be used directly by the applicant and otherwise meets the requirements of section 45-852.01 for long-term storage credits.

2. If use of the water to be stored is appurtenant to a particular location, and if so, where the water may be legally used after recovery. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administrative proceeding or in any judicial proceeding.

E. The director may issue a water storage permit for a period of not more than fifty years, except that:

1. On request of the holder of the permit, the director may renew the permit if the director determines that the requirements of subsection B of this section apply and, if the requirement of subsection C of this section applied at the time of issuance, that the requirement of subsection C of this section applies at the time of renewal.

2. Subject to the provisions of this chapter, the holder of long-term storage credits earned pursuant to the permit may recover the water over a period longer than the duration of the permit.

F. The holder of a water storage permit may apply to the director for approval to convey the permit to another person. The director may approve the conveyance if the director determines that the person to whom the permit is to be conveyed and the water storage will continue to meet the applicable requirements of this section. If long-term storage credits accrued pursuant to the water storage permit are being assigned pursuant to section 45-854.01 with the water storage permit, the director shall be given notice of the impending assignment of long-term storage credits at the time the holder of the water storage permit applies to convey the permit.

G. A person who holds a water storage permit may apply to the director on a form approved by the director for a modification of that water storage permit. The director may modify the permit within twenty days of receiving the application without complying with section 45-871.01 if all of the following apply:

1. The holder of the storage facility permit with which the water storage permit is affiliated has consented to the modification.

2. The modification to the water storage permit does not require a modification of the affiliated water storage facility permit.

3. The only modification requested is to add an amount of Colorado river water as a type of water to be stored under the water storage permit.

4. Water storage of Colorado river water has previously been permitted at the affiliated storage facility.

5. The person requesting the modification has the right to use the Colorado river water.

H. A water storage permit shall include the following information:

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

2. The storage facility where the water storage will occur and the name of the active management area, irrigation non-expansion area, groundwater basin or groundwater sub-basin, as applicable, in which that facility is located.

3. The maximum annual amount of water that may be stored.

4. If the applicable finding of subsection D of this section has been made, whether the water to be stored is water that cannot reasonably be used directly by the applicant.

5. If the applicable finding of subsection D of this section has been made, any restrictions on where the water to be stored may legally be used.

6. Other conditions consistent with this chapter.

7. The duration of the permit.

I. If the water storage will occur at a groundwater savings facility, the water storage permit shall include, in addition to the information required by subsection H of this section, the requirements of the plan by which the quantity of groundwater saved at the storage facility will be proved each year.

J. If the director of the department of water resources decides to issue a water storage permit and the applicant has not received a water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law, the director of the department of water resources shall make receipt of the water quality permit a condition of the water storage permit and the holder of the water storage permit shall not store water until receiving the water quality permit.
A.R.S. § 45-452 — Arizona Code / Title 45 / Chapter 2 / Article 4 / Section 452
45-452 No new irrigated acreage in active management areas; central Arizona project water; exemption
Status: in_force

45-452. No new irrigated acreage in active management areas; central Arizona project water; exemption

A. In an initial active management area, except as provided in subsections B, H, I and J of this section and sections 45-172, 45-465.01 and 45-465.02, only acres of land which were legally irrigated at any time from January 1, 1975 through January 1, 1980, which are capable of being irrigated, which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 and for which the irrigation grandfathered right has not been conveyed for a non-irrigation use, may be irrigated with any groundwater, effluent, diffused water on the surface or surface water, except that this does not prohibit irrigation with surface water used pursuant to decreed or appropriative rights established before June 12, 1980. In an initial active management area, land which was not irrigated at any time from January 1, 1975 through January 1, 1980 is deemed to have been in irrigation if the director finds that either of the following applies:

1. In areas of an initial active management area not designated as critical groundwater areas under prior statutory law prior to the date of the designation of the active management area, land is deemed to have been in irrigation if substantial capital investment has been made for the subjugation of such land for an irrigation use including on-site irrigation distribution facilities and a well or wells the drilling and construction of which were substantially commenced prior to the date of the designation of the active management area.

2. In areas of an initial active management area which were designated as critical groundwater areas under prior statutory law, land is deemed to have been in irrigation if substantial capital investment has been made in the twelve months before June 12, 1980 for the improvement of the land and on-site irrigation distribution facilities, including the drilling of wells, for an irrigation use. This paragraph does not allow irrigation of land which could not have been legally irrigated under prior statutory law.

B. In an initial active management area, a person who owns acres of land which may be irrigated pursuant to subsection A of this section may apply to the director to permanently retire all or a portion of such acres from irrigation and to irrigate conjunctively with central Arizona project water the same number of substitute acres. The director may approve the substitution of acres if the director determines that all of the following exist:

1. The substitute acres were legally irrigated during the period of September 30, 1958 to September 30, 1968, or such other period as the United States secretary of the interior may designate.

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

3. The substitution of acres is necessary to enable the irrigation district within which the acres are located to more efficiently deliver central Arizona project water.

4. Central Arizona project water available to the irrigation district within which the acres are located will be adequate to supply the substitute acres.

5. The substitution of acres will benefit the management of the active management area in which the acres are located.

C. Any acres permanently retired from irrigation pursuant to subsection B of this section relinquish their irrigation grandfathered rights, and such rights are deemed to be appurtenant to the substitute acres. Groundwater withdrawn or received for the irrigation of the substitute acres pursuant to an irrigation grandfathered right shall be reduced by the amount of central Arizona project water received for such acres.

D. The service area of the irrigation district in which the acres are located shall be modified to permanently delete the acres permanently retired from irrigation and include the substitute acres.

E. If a person retires land from irrigation pursuant to subsection B of this section, groundwater shall not be withdrawn from such retired land for any purpose unless pursuant to a groundwater withdrawal permit or unless withdrawn by a city, town or private water company within the service area of such city, town or private water company.

F. The director may reverse the substitution of irrigated acres as provided by subsections B through E of this section under the following conditions and procedures:

1. Title to the retired acres and substitute acres has reverted involuntarily, or voluntarily in lieu of foreclosure or forfeiture, to a previous owner or owners of the retired and substitute acres.

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

(a) The history of the original substitution of acres under subsections B through E of this section.

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

(c) Why reversal of the substitution of acres is necessary.

3. The director must find that reversing the substitution of acres:

(a) Will benefit the management of the active management area.

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

(c) Will not cause unreasonable hardship to the current owner of the substitute acres, if owned separately from the retired acres.

4. If the director decides to reverse the substitution of acres:

(a) The originally retired irrigation acres regain their original irrigation grandfathered rights, but groundwater withdrawn or received for the irrigation of those acres pursuant to an irrigation grandfathered right shall be reduced by any amount of central Arizona project water received for such acres.

(b) The substitute acres relinquish all irrigation grandfathered rights that were transferred to them under the original substitution of acres.

(c) The service area of the irrigation district in which the acres are located shall be modified to delete the substitute acres and include the originally retired irrigation acres.

(d) Groundwater may not thereafter be withdrawn from the substitute acres for any purpose unless pursuant to a groundwater withdrawal permit or unless withdrawn by a city, town or private water company within its service area.

G. In a subsequent active management area, except as provided in subsections H, I and J of this section or section 45-172, only acres of land which were legally irrigated at any time during the five years preceding the date of the notice of the initiation of designation procedures or the call for the election, which are capable of being irrigated, which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 and for which the irrigation grandfathered right has not been conveyed for a non-irrigation use, may be irrigated with groundwater, effluent, diffused water on the surface or surface water, except that this does not prohibit irrigation with surface water used pursuant to decreed or appropriative rights established before the date of the notice or the call. In a subsequent active management area, land is deemed to have been in irrigation if the director finds that either of the following applies:

1. In areas of a subsequent active management area which were not irrigation non-expansion areas, land is deemed to have been in irrigation if substantial capital investment has been made for the subjugation of such land for an irrigation use including on-site irrigation distribution facilities and a well or wells the drilling and construction of which were substantially commenced before the date of the notice of the initiation of designation procedures or the call for the election.

2. In areas of a subsequent active management area which were irrigation non-expansion areas, land is deemed to have been in irrigation if the director finds that substantial capital investment has been made in the twelve months before the date of the notice of the initiation of designation procedures or the call for the election, for the improvement of the land and on-site irrigation distribution facilities, including the drilling of wells, for an irrigation use. This paragraph does not allow irrigation of land which could not have been legally irrigated under section 45-437.

H. In an active management area, a state university engaged in the teaching and study of and experimentation in the science of agriculture may irrigate not more than three hundred twenty acres of land for such purposes with not more than five acre-feet of groundwater per acre per year. Water produced from any well pursuant to this subsection shall not be leased, sold or transported off the irrigated land operated by the state university. The right to withdraw and use groundwater pursuant to this subsection does not require a withdrawal permit, is not a grandfathered right, shall not give rise to a grandfathered right and may not be conveyed to any other user.

I. In an active management area, a correctional facility under the jurisdiction of the state department of corrections may irrigate with groundwater, effluent, diffused water on the surface or surface water up to a total of ten acres of land that otherwise may not be irrigated pursuant to subsection A or G of this section if the irrigation is for the purpose of producing plants or parts of plants for consumption by inmates at the correctional facility as part of a prisoner work program and if the correctional facility notifies the director of water resources in writing of the location of the acres of land to be irrigated prior to their irrigation. The actual number of acres of land that a correctional facility may irrigate pursuant to this subsection shall be calculated by subtracting the number of acres of land the correctional facility may already irrigate under subsection A or G of this section from ten. The amount of water that a correctional facility may use during a year to irrigate acres of land pursuant to this subsection shall not exceed an amount calculated by multiplying the number of acres of land that are actually irrigated by the correctional facility during the year pursuant to this subsection, by four and one-half acre-feet of water. The right to withdraw and use groundwater pursuant to this subsection does not require an irrigation grandfathered right, is not a grandfathered right, shall not give rise to a grandfathered right, and may not be conveyed to any other user.

J. During the second management period, acres of land in an active management area which have been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 or for which the irrigation grandfathered right has been conveyed for a non-irrigation use pursuant to section 45-472 may be irrigated with effluent, other than effluent recovered pursuant to a recovery well permit issued under chapter 3.1 of this title or effluent given or received pursuant to a water exchange under chapter 4 of this title, and shall retain its appurtenant type 1 non-irrigation grandfathered right where the following conditions are met:

1. The land to be irrigated lies within the boundaries of an incorporated city or town.

2. The governing body or manager of the city or town has consented in writing to the irrigation of the land with effluent.

3. The effluent proposed for irrigation of the land cannot be reasonably beneficially used otherwise.

4. The owner of the land gives written notice to the director of intention to irrigate the land with effluent and receives written approval from the director before commencing irrigation. The notice shall set forth the legal description of the land to be irrigated, the certificate number of the type 1 non-irrigation grandfathered right appurtenant to the land, the source of effluent and the reasons the effluent cannot be reasonably beneficially used otherwise, and shall be accompanied by a copy of the written consent of the city or town in which the land to be irrigated is located.

K. A person who may irrigate with effluent land to which a type 1 non-irrigation right is appurtenant under subsection J of this section may relinquish the right to irrigate all or a portion of the land by giving the director written notice that the person relinquishes the right. The notice shall include a legal description of the acres to be relinquished. The relinquishment is effective upon receipt of the notice by the director.

L. If a person who may irrigate with effluent land to which a type 1 non-irrigation grandfathered right is appurtenant under subsection J of this section conveys all or a portion of the land to a successor owner, the successor owner shall not irrigate the land prior to providing written notification to the director of the successor owner's intention to irrigate the land and receiving approval from the director pursuant to subsection J of this section.

M. 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. § 45-1446 — Arizona Code / Title 45 / Chapter 8 / Article 3 / Section 1446
45-1446 Time for determining costs; change of determination
Status: in_force

45-1446. Time for determining costs; change of determination

A. The state's portion of the costs of lands, easements and rights-of-way shall be determined by the director at or prior to the time the director submits his report to the legislature recommending an appropriation for such project.

B. The state's portion of such costs shall not be changed unless there are major project changes made in the plan of improvement, in which case the director, prior to the next appropriation of state funds for the project, shall review the project and make such reports and recommendations to the legislature as he deems justified by the project changes.
A.R.S. § 45-546 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 546
45-546 Weed and dust control
Status: in_force

45-546. Weed and dust control

A person shall maintain property that is owned or controlled by the person and from which groundwater is or will be transported pursuant to this article free of noxious weeds as defined in section 3-201, Russian thistles (salsola kali) and blowing dust that creates a threat to health or safety.
A.R.S. § 45-412 — Arizona Code / Title 45 / Chapter 2 / Article 2 / Section 412
45-412 Subsequent active management areas; criteria; review of groundwater basins not subject to active management
Status: in_force

45-412. Subsequent active management areas; criteria; review of groundwater basins not subject to active management

A. The director may designate an area which is not included within an initial active management area, pursuant to section 45-411, as a subsequent active management area if the director determines that any of the following exists:

1. Active management practices are necessary to preserve the existing supply of groundwater for future needs.

2. Land subsidence or fissuring is endangering property or potential groundwater storage capacity.

3. Use of groundwater is resulting in actual or threatened water quality degradation.

B. An active management area designated pursuant to this section may include more than one groundwater basin but shall not be smaller than a groundwater basin or include only a portion of a groundwater basin, except for the regional aquifer systems of northern Arizona.

C. The director shall periodically review all areas which are not included within an active management area to determine whether such areas meet any of the criteria for active management areas as prescribed in this section.
A.R.S. § 45-591 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 591
45-591 Definitions
Status: in_force

45-591. Definitions

In this article, unless the context otherwise requires:

1. "Existing well" means a well which was drilled before June 12, 1980 and which is not abandoned or sealed or a well which was not completed on June 12, 1980 but for which a notice of intention to drill was on file with the Arizona water commission on such date.

2. "New well" means a well for which a notice of intention to drill or a permit is required pursuant to this article or which is drilled pursuant to a permit issued under section 45-834.01.
A.R.S. § 45-134 — Arizona Code / Title 45 / Chapter 1 / Article 3 / Section 134
45-134 Temporary emergency permit for use of surface water or groundwater in body of water
Status: in_force

45-134. Temporary emergency permit for use of surface water or groundwater in body of water

A. The director may issue a temporary, emergency permit authorizing the use of surface water or groundwater in a body of water that is exempt under section 45-132, subsection B, paragraph 4 and that is filled or refilled primarily with effluent if the director determines that:

1. The director of environmental quality has determined that all of the following apply:

(a) An emergency exists because the condition of the body of water is a threat to the public health or welfare.

(b) There is a reasonable probability that the temporary use of surface water or groundwater in the body of water will significantly reduce the threat to the public health or welfare.

(c) Actions other than the temporary use of surface water or groundwater would not significantly reduce the threat or are unreasonable under the circumstances.

2. The owner or operator of the body of water otherwise has a right to use surface water or groundwater for the proposed purpose.

3. If a temporary emergency permit has previously been issued for the body of water, the owner or operator of the body of water has undertaken reasonable measures to prevent the condition of the body of water from again becoming a threat to the public health or welfare.

B. The director may issue a permit under this section for a period of up to thirty days. The director shall specify any conditions on the use of water pursuant to the permit the director determines are necessary. The director shall monitor the use of water pursuant to the permit and shall terminate the permit if the conditions for issuance of the permit no longer apply.
A.R.S. § 45-2603 — Arizona Code / Title 45 / Chapter 15 / Article 1 / Section 2603
45-2603 Establishment of Gila river maintenance area and Gila river maintenance area impact zone; notice of intention to drill
Status: in_force

45-2603. Establishment of Gila river maintenance area and Gila river maintenance area impact zone; notice of intention to drill

A. The Gila river maintenance area is established on the effective date of this section.  The boundaries of the Gila river maintenance area are shown on the map that is dated July, 2002 and that is on file in the department.  The map shall be available for examination by the public during regular business hours.

B. The Gila river maintenance area impact zone is established on the effective date of this section.  The boundaries of the Gila river maintenance area impact zone are shown on the map that is dated July, 2002 and that is on file in the department.

C. If a proposed well will withdraw water within the Gila river maintenance area impact zone established under subsection B of this section, as determined pursuant to section 45-2641, subsection A, and the water will be used to irrigate lands within the Gila river maintenance area established under subsection A of this section and outside of Cochise county, the notice of intention to drill filed pursuant to section 45-596 shall include one of the following:

1. Proof that the lands to be irrigated were irrigated with water from any source at any time from January 1, 2000 through the effective date of this section.

2. Proof that the irrigation is allowed under the exemptions prescribed in section 45-2641, subsection B, paragraph 1, 2 or 4.
A.R.S. § 45-814.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 2 / Section 814.01
45-814.01 Contents of storage facility permit
Status: in_force

45-814.01. Contents of storage facility permit

A. A storage facility project permit shall include 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, irrigation non-expansion area, groundwater basin or groundwater sub-basin, as applicable, in which the facility will be located.

3. The design capacity of the facility and the plan of operation of the facility.

4. The maximum annual amount of water that may be stored at the facility.

5. Any monitoring required under subsection F of this section.

6. Any conditions consistent with this chapter.

7. The duration of the permit.

8. Any other information as determined by the director.

B. If the storage facility will be a groundwater savings facility, the permit shall include the following information in addition to the information required by subsection A of this section:

1. The plan by which the applicant will prove the quantity of groundwater saved at the storage facility each year.

2. The name of the recipient and the location and registration number of the well or wells from which groundwater withdrawals will be curtailed.

C. If the storage facility will be a managed underground storage facility and will be designated as a facility that could add value to a national park, national monument or state park, the permit shall include the following information in addition to the information required by subsection A of this section:

1. The quantified, minimum base flow and annual discharge to the stream that the applicant has agreed to maintain.

2. The annual quantity of water eligible for long-term storage credits for the facility and the annual quantity of water projected to be consumptively used by the enhancement of the national park, national monument or state park.

3. A description of the national park, national monument or state park that would benefit from the project.

D. The director may issue a storage facility permit for a period of not more than fifty years, except that on request of the holder of the permit the director may renew the permit if the director determines that the requirements of section 45-811.01, subsections C and D and section 45-812.01, subsection B apply, if those requirements applied at the time of issuance. In making this determination, the director shall not consider land uses and water uses in the area of impact of the water stored at the storage facility that were not in existence when the permit was issued.

E. The holder of a storage facility permit may apply to the director for approval to convey the permit to another person. The director may approve the conveyance if the director determines that the person to whom the permit is to be conveyed and the storage facility will continue to meet the applicable requirements of sections 45-811.01 and 45-812.01.

F. The director may require the holder of a storage facility permit to monitor the operation of the facility and the impact of water storage at the facility on land and other water users within the area of impact of water stored at the storage facility. In determining any monitoring requirements, the director of water resources shall cooperate with the department of environmental quality and, to the extent possible, shall coordinate monitoring requirements with those required by the department of environmental quality.

G. The director, on the director's initiative or on request of the holder of the storage facility permit, may modify the conditions of the storage facility permit. In determining whether modifications are necessary, the director shall not consider land uses and water uses in the area of impact of the water stored at the storage facility that were not in existence when the permit was issued.

H. Nothing in this article shall be construed as modifying or infringing on any existing water rights or private property rights nor shall anything in this article prevent any person or entity, whether governmental or private, from undertaking any flood control projects, including removal of vegetation within the channel of the stream or on the adjacent floodplain or diverting the permitted flow from the natural stream channel at the end of the permitted period.
A.R.S. § 45-704 — Arizona Code / Title 45 / Chapter 2 / Article 15 / Section 704
45-704 Notice of application; objections; hearing; approval or rejection
Status: in_force

45-704. Notice of application; objections; hearing; approval or rejection

A. On receiving an application under section 45-703, the director shall record the application and endorse on the application the date of receipt. The director shall conduct an initial review of the application within fifteen days of receiving the application. If the director determines in the initial review that the application is incomplete, the director shall notify the applicant. The application is incomplete until the applicant files all of the information requested in the application. The director shall determine whether the application is correct within ninety days after receiving a complete application. The director may request additional information from the applicant. The director may conduct independent investigations as may be necessary to determine whether the application should be approved or rejected.

B. If the director determines that the application is complete and correct, the director, within fifteen days after the determination, or a longer period if the applicant requests, shall 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 persons reside who could reasonably be expected to be affected by the designation of groundwater oversupply. The notice shall state that persons who may be adversely affected by the designation may file written objections to the issuance of the certificate with the director within fifteen days after the last publication of notice. An objection shall state the name and mailing address of the objector, shall be signed by the objector or the objector's agent or attorney and shall clearly set forth reasons why the certificate should not be issued. The grounds for objection are limited to whether the application meets the criteria for issuing a certificate prescribed in section 45-702, subsection B.

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

D. The director shall record and endorse the approval or denial of the application on the application. If the certificate is denied, the director shall return a copy of the application to the applicant specifically stating the reasons for denial.

E. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.
A.R.S. § 45-331 — Arizona Code / Title 45 / Chapter 1 / Article 13 / Section 331
45-331 Definitions
Status: in_force

45-331. Definitions

In this article, unless the context otherwise requires:

1. "Consumptive use" means, for any water user for any program year, the consumptive use as recorded in the final accounting for the most recent calendar year for which a final accounting is available, or if none is recorded, the amount of diversions so recorded.

2. "Final accounting" means, for any calendar year, the United States bureau of reclamation's final compilation of records of Colorado river diversions, return flows and consumptive uses for the year, compiled pursuant to article V(b) of the decree of the United States supreme court in Arizona v. California, 376 U.S. 340 (1964).

3. "Lower Colorado river multispecies conservation program" or "program" means the cooperative effort among agencies of the federal government and agencies and political subdivisions of the states of Arizona, California and Nevada and other local public and private parties with a common interest in the water and related resources of the lower Colorado river, including the historic floodplain and reservoirs to the full pool elevations, to provide the basis for compliance with sections 7 and 10(a)(1)(B) of the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1536 and 1539).

4. "Program year" means the twelve month period beginning October 1 of any calendar year and ending September 30 of the following calendar year.
A.R.S. § 45-101 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 101
45-101 Definitions
Status: in_force

45-101. Definitions

In this title, unless the context otherwise requires:

1. "Appropriator" means the person or persons initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest.

2. "Department" means the department of water resources.

3. "Director" means the director of water resources, who is also the director of the department.

4. "Effluent" means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to title 49, chapter 2. Such water remains effluent until it acquires the characteristics of groundwater or surface water.

5. "Groundwater" means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. Groundwater does not include water flowing in underground streams with ascertainable beds and banks.

6. "Interstate stream" means any stream constituting or flowing along the exterior boundaries of this state, and any tributary originating in another state or foreign country and flowing into or through this state.

7. "Riparian area" means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water transportation, distribution, off-stream storage and collection systems.

8. "Sanitary sewer" means any pipe or other enclosed conduit that carries, among other substances, any water-carried wastes from the human body from residences, commercial buildings, industrial plants or institutions.

9. "Surface water" means the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. For the purposes of administering this title, surface water is deemed to include central Arizona project water.
A.R.S. § 45-2457.01 — Arizona Code / Title 45 / Chapter 14 / Article 3 / Section 2457.01
45-2457.01 Exchange of long-term storage credits; limitations; fees
Status: in_force

45-2457.01. Exchange of long-term storage credits; limitations; fees

A. On or before December 31, 2019, the authority may enter into agreements to exchange long-term storage credits accrued or purchased in one active management area with monies collected pursuant to section 45-611, subsection C, paragraph 3 for long-term storage credits held by other persons in another active management area, on request of the director, if the director determines both of the following:

1. The exchange is beneficial to water management in this state.

2. The exchange will not substantially impair the authority's ability to meet its firming obligation under section 45-2491.

B. The term of any agreement entered into pursuant to subsection A of this section shall not extend beyond December 31, 2026.

C. Notwithstanding section 45-2457, subsection B, paragraph 6, the authority may distribute or extinguish long-term storage credits obtained by exchange pursuant to subsection A of this section for any purpose otherwise authorized under section 45-2457, subsection B, paragraph 6 for the benefit of any active management area.

D. An exchange of long-term storage credits pursuant to subsection A of this section is exempt from any fee established by the department of water resources for an assignment of long-term storage credits pursuant to section 45-854.01.
A.R.S. § 45-2622 — Arizona Code / Title 45 / Chapter 15 / Article 3 / Section 2622
45-2622 Annual southside replenishment obligations
Status: in_force

45-2622. Annual southside replenishment obligations

A. No later than October 1 of each calendar year after 2007, the director shall calculate the southside replenishment obligations for the preceding calendar year and notify the authority of the amount of the obligations.

B. The director shall calculate the southside replenishment obligations for a calendar year as follows:

1. The director shall calculate the municipal and industrial replenishment obligation for the western municipal and industrial protection zone for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn during the year from within the western municipal and industrial protection zone for municipal uses within a western protection zone and the total amount of underground water and stored water withdrawn during the year from within the western municipal and industrial protection zone for industrial uses within the western municipal and industrial protection zone, as reported to the director under sections 45-632, 45-875.01 and 45-2602.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the western municipal and industrial protection zone.

(b) Multiply the total number of municipal acres and industrial acres within the western protection zones on which the water determined in subdivision (a) of this paragraph was used during the year by two acre-feet.

(c) Subtract the product in subdivision (b) of this paragraph from the volume in subdivision (a) of this paragraph. The result is the municipal and industrial replenishment obligation for the western municipal and industrial protection zone for the year, except that if the result is less than zero, there is no replenishment obligation.

2. The director shall calculate the municipal replenishment obligation for the western municipal protection zone for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn during the year from within the western municipal protection zone for municipal uses within a western protection zone, as reported to the director under sections 45-632, 45-875.01 and 45-2602. For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the western municipal protection zone.

(b) Multiply the total number of municipal acres within the western protection zones on which the water determined in subdivision (a) of this paragraph was used during the year by two acre-feet.

(c) Subtract the product in subdivision (b) of this paragraph from the volume in subdivision (a) of this paragraph.  The result is the municipal replenishment obligation for the western municipal protection zone for the year, except that if the result is less than zero, there is no replenishment obligation.

3. The director shall calculate the municipal and industrial replenishment obligation for the eastern protection zone north for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn during the year from within the eastern protection zone north for municipal uses and industrial uses within an eastern protection zone, as reported to the director under sections 45-632, 45-875.01 and 45-2602.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the eastern protection zone north.

(b) Determine the total amount of underground water and stored water withdrawn during the year by a water company from within the eastern protection zone south and used for municipal uses within the eastern protection zone north.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the eastern protection zone south.

(c) Add the volumes of water in subdivisions (a) and (b) of this paragraph.

(d) Multiply the total number of municipal acres and industrial acres within the eastern protection zones on which the water determined in subdivision (c) of this paragraph was used during the year by 2.33 acre-feet.

(e) Subtract the product in subdivision (d) of this paragraph from the sum in subdivision (c) of this paragraph. The result is the municipal and industrial replenishment obligation for the eastern protection zone north for the year, except that if the result is less than zero, there is no replenishment obligation.

4. The director shall calculate the municipal and industrial replenishment obligation for the eastern protection zone south for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn during the year from within the eastern protection zone south for municipal uses and industrial uses within an eastern protection zone, as reported to the director under sections 45-632, 45-875.01 and 45-2602.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the eastern protection zone south.

(b) Determine the total amount of underground water and stored water withdrawn during the year by a water company from within the eastern protection zone south and used for municipal uses within the eastern protection zone north.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the eastern protection zone south.

(c) Subtract the volume in subdivision (b) of this paragraph from the volume in subdivision (a) of this paragraph.

(d) Multiply the total number of municipal acres and industrial acres within the eastern protection zones on which the water determined in subdivision (a) of this paragraph other than water determined in subdivision (b) of this paragraph was used during the year by 2.33 acre-feet.

(e) Subtract the product in subdivision (d) of this paragraph from the difference in subdivision (c) of this paragraph.  The result is the municipal and industrial replenishment obligation for the eastern protection zone south for the year, except that if the result is less than zero, there is no replenishment obligation.

5. The director shall calculate the irrigation replenishment obligation for the western municipal and industrial protection zone and the western municipal protection zone for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn during the year from within the western municipal and industrial protection zone and the western municipal protection zone and used for the irrigation of lands within those protection zones, as reported to the director on the annual reports required by sections 45-632, 45-875.01 and 45-2602.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the western municipal and industrial protection zone or the western municipal protection zone.

(b) For each farm within the western municipal and industrial protection zone and the western municipal protection zone for which an annual report is filed under section 45-632, 45-875.01 or 45-2602 for the year, calculate the maximum amount of groundwater that may be used on the farm for irrigation purposes during the year without causing the flexibility account for the farm to be in arrears in excess of the amount allowed under section 45-467, subsection I.  In making this calculation, the director shall use the irrigation water duty established for the farm for the third management period pursuant to section 45-566, subsection A, paragraph 1.

(c) Add together the amount calculated for each farm under subdivision (b) of this paragraph.

(d) Subtract the amount in subdivision (c) of this paragraph from the amount in subdivision (a) of this paragraph. The difference is the irrigation replenishment obligation for the year for the western municipal and industrial protection zone and the western municipal protection zone, except that if the difference is less than zero, there is no replenishment obligation.

6. The director shall calculate the irrigation replenishment obligation for the eastern protection zone north and the eastern protection zone south for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn during the year from within the eastern protection zone north and the eastern protection zone south and used for the irrigation of lands within those protection zones, as reported to the director on the annual reports required by section 45-632, section 45-875.01, subsection D and section 45-2602.  For the purposes of this subdivision, stored water does not include any water stored at a storage facility located within the eastern protection zone north or the eastern protection zone south.

(b) For each farm within the eastern protection zone north and the eastern protection zone south for which an annual report is filed under section 45-632, 45-875.01 or 45-2602 for the year, calculate the maximum amount of groundwater that may be used on the farm for irrigation purposes during the year without causing the flexibility account for the farm to be in arrears in excess of the amount allowed under section 45-467, subsection I. In making this calculation, the director shall use the irrigation water duty established for the farm for the third management period pursuant to section 45-566, subsection A, paragraph 1.

(c) Add together the amount calculated for each farm under subdivision (b) of this paragraph.

(d) Subtract the amount in subdivision (c) of this paragraph from the amount in subdivision (a) of this paragraph. The difference is the irrigation replenishment obligation for the year for the eastern protection zone north and the eastern protection zone south, except that if the difference is less than zero, there is no replenishment obligation.

7. Through 2023, the director shall calculate the water company replenishment obligation for the year by determining the amount of underground water and stored water withdrawn during the year from within the eastern protection zones by a water company and transported for municipal uses outside of the eastern protection zones and then subtracting from that amount one thousand two hundred seventy-five acre-feet.  The difference is the water company replenishment obligation for the year, except that if the difference is less than zero, there is no replenishment obligation.  For the purposes of this paragraph, stored water does not include any water stored at a storage facility located within an eastern protection zone and recovered within that protection zone.
A.R.S. § 45-2223 — Arizona Code / Title 45 / Chapter 13 / Article 2 / Section 2223
45-2223 Administrative powers and duties; executive director
Status: in_force

45-2223. Administrative powers and duties; executive director

A. The board shall:

1. Determine its organizational and procedural structure.

2. Adopt, amend or repeal bylaws, rules and forms consistent with the requirements of this chapter.

3. Prescribe a system of accounts.

4. Exercise the powers and duties of the authority as prescribed by this chapter.

B. The board may:

1. Manage, set policy and conduct the business and affairs of the authority.

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

3. Assume, adopt and ratify contracts transferred to the authority by an authority member.

4. Sue and be sued.

5. Adopt a seal for the authority to be used to attest to documents.

6. Provide for payment of all debts and appropriate claims against the authority from the appropriate funds.

7. Employ an executive director and the administrative, legal, engineering, accounting, clerical and other staff as may be necessary and prescribe the duties, terms and conditions of employment.

8. Retain outside professional services including accounting, engineering, legal and other consulting services.

9. Acquire suitable offices, furnishings and necessary equipment and supplies.

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

C. All actions taken by the authority under this chapter shall be in accordance with state and federal law and in compliance with the authority's contracts with the United States.
A.R.S. § 45-2602 — Arizona Code / Title 45 / Chapter 15 / Article 1 / Section 2602
45-2602 Establishment of southside protection zones; reporting requirements
Status: in_force

45-2602. Establishment of southside protection zones; reporting requirements

A. The following southside protection zones are established on the effective date of this section:

1. The eastern protection zone north.

2. The eastern protection zone south.

3. The western municipal and industrial protection zone.

4. The western municipal protection zone.

5. The central protection zone.

B. The boundaries of the southside protection zones established under subsection A are shown on the maps that are dated March 25, 2002 and that are on file in the department.  The maps shall be available for examination by the public during regular business hours.

C. Each person in the Pinal active management area who withdraws underground water during a calendar year in a southside protection zone established under this section, other than the central protection zone, shall file an annual report with the director no later than March 31 of each year for the preceding calendar year.  The report shall contain the following information in addition to any other information required by section 45-632:

1. The amount of underground water withdrawn within the southside protection zone and the name of the protection zone.

2. If the underground water was used for a nonirrigation use, the purpose for which the underground water was used, the location of the use, the acreage of the parcel or parcels of land on which the underground water was used and the date the use commenced.

3. The amount of any water replenished during the year pursuant to section 45-2611, subsection B, paragraph 2, the water use for which the water was replenished and the manner in which the water was replenished.

4. The amount of any water replaced during the year pursuant to section 45-2611, subsection B, paragraph 3, the water use for which the water was replaced and the manner in which the water was replaced.

D. A person who is required to file an annual report for a year under subsection C of this section:

1. Shall use a water measuring device approved by the director unless exempt under section 45-604.

2. Shall maintain current accurate records of the person's withdrawals, transportation, deliveries and use of underground water as prescribed by the director.

3. May combine the report with an annual report for the same year filed under section 45-632.

4. Shall comply with the requirements prescribed in section 45-632, subsections N, O and P and is subject to the penalties prescribed in section 45-632, subsection O as if the report was required by section 45-632.

E. A person who withdraws underground water from an exempt well is exempt from the record keeping and reporting requirements of subsections C and D of this section.  For the purposes of this subsection, "exempt well" means a well that has a pump with a maximum capacity of not more than thirty-five gallons per minute, that is used to withdraw underground water and that would qualify as an exempt well under section 45-454 if used to withdraw groundwater.

F. If stored water is withdrawn in the Pinal active management area in a southside protection zone established under this section, other than the central protection zone, the annual report filed under section 45-875.01, subsection D shall include:

1. The amount of stored water withdrawn within the southside protection zone and the name of the protection zone.

2. If the stored water was used for a nonirrigation use, the purpose for which the water was used, the acreage of the parcel or parcels of land on which the water was used, the location of the use and the date the use commenced.

3. The identification of the storage facility in which the water was stored.

4. The amount of any water replenished during the year pursuant to section 45-2611, subsection B, paragraph 2, the water use for which the water was replenished and the manner in which the water was replenished.

5. The amount of any water replaced during the year pursuant to section 45-2611, subsection B, paragraph 3, the water use for which the water was replaced and the manner in which the water was replaced.
A.R.S. § 45-1222 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1222
45-1222 Violation; civil penalties
Status: in_force

45-1222. Violation; civil penalties

A. A person who is determined pursuant to section 45-1221 to be in violation of this article or a license, rule or order issued or adopted pursuant to this article may be assessed a civil penalty in an amount not exceeding one thousand dollars per day of violation.

B. The director shall bring an action to recover penalties under this section 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 penalties collected pursuant to this section shall be deposited in the state general fund.
A.R.S. § 45-108.06 — Arizona Code / Title 45 / Chapter 1 / Article 1 / Section 108.06
45-108.06 Water provider water supply information; definitions
Status: in_force

45-108.06. Water provider water supply information; definitions

A. On or after January 1, 2009, at the request of any person, all cities, towns and private water companies outside of an active management area as established pursuant to chapter 2, article 2 of this title shall provide a written statement describing the water supply status of real property within the service area of that city, town or private water company based on the most recent determination of the director pursuant to section 45-108. The water supply status description provided by the city, town or private water company shall include the applicable director's water supply definition posted pursuant to section 45-108.05.

B. The written statement required in subsection A of this section shall be delivered by fax, electronic mail or United States mail as designated by the person requesting the information.  The city, town or private water company shall deliver the written statement of water supply within three business days after receipt of the request.

C. For the purposes of this section, "city", "town", "private water company" and "service area" have the same meanings prescribed in section 45-402, but also include cities, towns and private water companies serving surface water and Colorado river water.
A.R.S. § 45-2427 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2427
45-2427 Limitation on powers
Status: in_force

45-2427. Limitation on powers

A. This chapter does not authorize the authority to exercise any right of eminent domain.

B. Except as provided in subsection E of this section:

1. The authority shall not store Colorado river water that would otherwise have been used in this state pursuant to a contract entered into pursuant to section 48-3703, paragraph 2, a section 5 contract under the Boulder Canyon project act (P.L. 108-6; 43 United States Code section 617) with a priority that is equal to or higher than a contract entered into pursuant to section 48-3703, paragraph 2 or any other section 5 contract under the Boulder Canyon project act entered into before September 18, 2003.

2. The authority shall not store for interstate water banking purposes Colorado river water that would otherwise have been used in this state.

C. The authority shall not enter into contracts with agencies in California and Nevada for the storage of water on their behalf until both of the following occur:

1. Regulations are in effect, promulgated by the secretary of the interior of the United States, that facilitate and allow the contractual distribution of unused entitlement under article II(b)(6) of the decree.

2. The director finds that the rules promulgated by the secretary of the interior adequately protect this state's rights to Colorado river water, as those rights are defined by the decree.

D. The authority shall not enter into water banking services agreements that will provide water for use outside this state. The authority may cancel any water banking services agreement without penalty or further obligation if after entering into a water banking services agreement, the authority finds that the agreement will provide water for use outside of this state. Notice of this subsection shall be included in every water banking services agreement entered into by the authority. The cancellation under this subsection shall be effective when written notice from the authority is received by all other parties to the water banking services agreement.

E. The authority may obtain and store or replenish, as applicable, any of the following excess central Arizona project water supplies as designated by CAWCD:

1. Any excess central Arizona project water made available by CAWCD in a year exclusively for the authority.  The authority shall use any excess central Arizona project water obtained pursuant to this paragraph in a manner consistent with articles 3 and 5 of this chapter or chapter 15, article 3 of this title, including meeting Indian firming obligations, replenishing water under the Gila river Indian water settlement program and storing water for municipal and industrial purposes in times of shortage.

2. Any excess central Arizona project water made available by CAWCD in a year for the purpose of storing water to meet a contractual obligation of the authority under an interstate water banking agreement entered into pursuant to article 4 of this chapter if the excess central Arizona project water resulted from the acquisition of additional Colorado river water by CAWCD using monies contributed by the authority.
A.R.S. § 45-604 — Arizona Code / Title 45 / Chapter 2 / Article 10 / Section 604
45-604 Water measuring devices
Status: in_force

45-604. Water measuring devices

A. Except as provided in subsections B, C and D of this section, a person who withdraws groundwater from a nonexempt well in an active management area or an irrigation non-expansion area, a person who withdraws water from a non-exempt well in the Santa Cruz active management area or a person who withdraws groundwater for transportation to an initial active management area pursuant to article 8.1 of this chapter shall use a water measuring device approved by the director.

B. A person who holds a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit in the amount of ten or fewer acre-feet per year is not required to use a water measuring device to measure withdrawals pursuant to that grandfathered right or groundwater withdrawal permit unless the person holds more than one such right or permit in the aggregate amount of more than ten acre-feet per year and withdraws more than ten acre-feet of groundwater per year pursuant to those rights or permits from one well.

C. In an irrigation non-expansion area:

1. A person who withdraws ten or fewer acre-feet of groundwater per year from a non-exempt well for a non-irrigation use is not required to use a water measuring device to measure withdrawals from that well.

2. A person who withdraws groundwater from a non-exempt well for an irrigation use is not required to use a water measuring device to measure withdrawals from that well if both of the following apply:

(a) Groundwater withdrawn from the well for an irrigation use is used only on land that is owned by a person who has the right under section 45-437 to irrigate ten or fewer contiguous acres at the place of the use.

(b) Groundwater withdrawn from the well is not used on land that is part of an integrated farming operation.

D. In an active management area, a person, other than an irrigation district, who withdraws groundwater from a non-exempt well for use pursuant to an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres is not required to use a water measuring device to measure withdrawals from that well unless groundwater withdrawn from the well is also used pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45-563.02.

E. The director shall adopt rules setting forth the requirements and specifications for water measuring devices.
A.R.S. § 45-1943 — Arizona Code / Title 45 / Chapter 11 / Article 3 / Section 1943
45-1943 Functional powers of board
Status: in_force

45-1943. Functional powers of board

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

1. Acquire in any lawful manner, except as limited by this chapter, and sell, lease, exchange or otherwise dispose of real and personal property, easements and rights-of-way that are necessary or required for the uses and purposes of the authority.

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

3. Acquire, hold, assign or otherwise dispose of credits registered to storage accounts under any provision of chapter 3 of this title.

4. Accept appointment or other authorization and act as agent of any operating unit for purposes of acquiring, transporting, delivering, treating or recharging water pursuant to this chapter.

5. Issue bonds and pledge all or part of its revenue from any source for security and payment of its bonds.

6. Negotiate, make, execute, acknowledge and perform any contract, agreement or obligation it deems advisable for the interest of the authority or to carry out or accomplish the purposes of this chapter, including agreements to acquire water supplies, for water exchanges and for water deliveries.

7. Except as otherwise limited by this chapter, acquire electricity or other forms of energy necessary to transport water or otherwise operate the projects of the authority.

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

9. Provide technical or financial assistance to operating units relating to developing water supplies for purposes of the management goals and plans adopted under chapter 2 of this title.

10. Conduct any other activities that are reasonably necessary and related to the powers and duties described by this chapter.
A.R.S. § 45-163 — Arizona Code / Title 45 / Chapter 1 / Article 5 / Section 163
45-163 Assignments
Status: in_force

45-163. Assignments

Applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter may be assigned.
A.R.S. § 45-858.01 — Arizona Code / Title 45 / Chapter 3.1 / Article 4 / Section 858.01
45-858.01 Master replenishment account; debits and credits
Status: in_force

45-858.01. Master replenishment account; debits and credits

A. The director shall establish a long-term storage account and a master replenishment account for each groundwater replenishment district.

B. The director shall compute the master replenishment account debit for a reporting year for the district as follows:

1. For each district member, compute the replenishment obligations as prescribed by section 48-4463.

2. Add the amounts computed under paragraph 1 of this subsection for all district members.

C. For each reporting year, the amount computed under subsection B of this section for the district shall be debited from the district's master replenishment account.

D. On application by a district to the director, credits in the district's long-term storage account, including credits that are registered for water stored pursuant to article 6 of this chapter and for which a district has assumed responsibility pursuant to section 45-896.01, shall be transferred and credited to the district's master replenishment account.

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

F. Credits in a master replenishment account may not be assigned or transferred out of the master replenishment account.

G. If the director, either through an audit of the records of the district or a district member pursuant to section 45-880.01 or otherwise, establishes a misstatement or error regarding information relevant to the determination of master replenishment account debits or credits, the director may adjust accordingly the credits or debits for the appropriate year.
A.R.S. § 45-2241 — Arizona Code / Title 45 / Chapter 13 / Article 3 / Section 2241
45-2241 Cooperation with governmental entities
Status: in_force

45-2241. Cooperation with governmental entities

A. The authority shall cooperate, coordinate and confer with the director of water resources, state agencies, municipal corporations, special districts, authorities, other political subdivisions of this state, private entities, Indian tribes and the United States on matters within their jurisdiction relating to the augmentation and conservation of the water supplies of the authority and its members.

B. Consistent with the purposes and policies of this chapter, the authority shall cooperate with established and existing organizations in acquiring, constructing and operating projects for use of or interconnection with suitable diversion, withdrawal, transportation, delivery, treatment, storage or recharge facilities.

C. Any authority member may request the authority to exercise its powers and privileges in making any project or proposed project, survey or investigation or for assistance in initiating or completing any works or projects authorized by this chapter.

D. The authority may act as any of the following:

1. A bargaining and negotiating agency in transactions and dealings between various departments of the state or federal government at the request of an authority member.

2. A connecting, intermediate or contracting medium for members if for united or joint participation such a medium is convenient or essential to the receipt, acceptance or enjoyment of any financial proposals, grants or other benefits to authority members that are made available under any statute or by any entity.

3. A coordinating, clearing, administering or supervising instrumentality through which members may cooperate or unite through contracts or agreements in applying or pooling their resources, functional rights or privileges for common purposes contemplated under this chapter.

4. A supervising instrumentality through which authority members may request the development of conservation plans for the use of Colorado River water or other water.

E. Nothing in this section or in this chapter alters any debt limitation of any authority member.
A.R.S. § 45-437.03 — Arizona Code / Title 45 / Chapter 2 / Article 3 / Section 437.03
45-437.03 Impediments to efficient irrigation; substitution of acres; definitions
Status: in_force

45-437.03. Impediments to efficient irrigation; substitution of acres; definitions

A. In an irrigation non-expansion area, a person who owns acres of land which are contiguous and which may be irrigated pursuant to section 45-437 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres. 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 legally irrigated 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 legally irrigated 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. For purposes of this section:

1. "Legally irrigated acres" means acres of land which are contiguous and which may be irrigated pursuant to section 45-437.

2. "Limiting condition" means any condition that limits the achievement of more efficient irrigation on the legally irrigated acres, including irregularly shaped legally irrigated acres and poor quality soils.
A.R.S. § 45-544 — Arizona Code / Title 45 / Chapter 2 / Article 8 / Section 544
45-544 Transportation in areas not subject to active management; damages; upper San Pedro water district; Little Colorado river plateau, Parker and Coconino plateau groundwater basins; definitions
Status: in_force

45-544. Transportation in areas not subject to active management; damages; upper San Pedro water district; Little Colorado river plateau, Parker and Coconino plateau groundwater basins; definitions

A. Except as otherwise provided in this section, section 45-547 and article 8.1 of this chapter, in areas outside of active management areas:

1. Groundwater may be transported:

(a) Within a subbasin of a groundwater basin or within a groundwater basin, if there are no subbasins, without payment of damages.

(b) Between subbasins of a groundwater basin, subject to payment of damages.

2. Groundwater shall not be transported away from a groundwater basin.

3. Groundwater shall not be transported away from the upper San Pedro water district if established under title 48, chapter 37.

B. Notwithstanding subsection A, paragraph 2 or 3 of this section, subject to payment of damages:

1. A person who at any time during the twelve months before January 1, 1991 was transporting away from the Little Colorado river plateau groundwater basin or the Parker groundwater basin groundwater that was legally withdrawn from a well in either groundwater basin has the right, subject to subsection C of this section, to transport groundwater that is legally withdrawn from the well or a replacement well in approximately the same location to another groundwater basin in an annual amount equal to the greater of the maximum amount of groundwater either:

(a) That was withdrawn from the well and transported by the person away from the groundwater basin in any one of the five calendar years immediately preceding January 1, 1991.

(b) That could have been withdrawn from the well during the twelve month period, taking into account the pump capacity and specific capacity of the well during that period, or twenty-five acre-feet, whichever is less.

2. A person may transport groundwater by motor vehicle from the Little Colorado river plateau groundwater basin or the Parker groundwater basin to an adjacent groundwater basin for domestic purposes or stock watering.

3. A city or town whose service area is located either in the Little Colorado river plateau groundwater basin and an adjacent groundwater basin or in the Parker groundwater basin and an adjacent groundwater basin may transport groundwater that is withdrawn within that portion of its service area located in the Little Colorado river plateau groundwater basin or the Parker groundwater basin to the adjacent groundwater basin for the benefit of landowners and residents within its service area.

4. A city, town or private water company whose service area is located in two adjacent groundwater basins and provides water utility service to landowners or residents in both basins as of July 1, 1993 may transport groundwater between those adjacent groundwater basins.

5. The transportation of groundwater in which groundwater is transported away from the groundwater basin and expansions of that transfer by the same person or its successor for the same purpose are valid if that transfer was occurring before September 1, 1993.

6. A city or town in the Coconino plateau groundwater basin with a population of not more than eight thousand persons that was transporting groundwater into its municipal water service area from an adjacent groundwater basin as of January 1, 2001, from wells that the director determines were erroneously drilled without knowledge that the wells were in the adjacent groundwater basin, may continue and expand that transfer subject to all of the following conditions:

(a) The groundwater may be withdrawn only from wells that are located not more than two miles from the Coconino plateau groundwater basin boundary and that are drilled to depths of at least two thousand five hundred feet below land surface.

(b) The groundwater may be used only within the municipal water service area of the city or town, and the city or town shall use available surface water supplies within its municipal water service area to the extent practicable.

(c) The total amount of groundwater that may be transported during a year shall not exceed seven hundred acre-feet, except that a city or town may apply to the director to increase the amount of groundwater that may be transported during a year under this subdivision if additional groundwater is needed to provide fire protection for the city or town because of an emergency condition.  The director shall post an application filed under this subdivision on the department's website before approving or denying the application.  The director shall approve an application filed under this subdivision if the city or town demonstrates to the satisfaction of the director that an emergency condition exists that makes it necessary for the city or town to transport groundwater in excess of the amount allowed under this subdivision to provide adequate fire protection for the city or town.  If the director approves an application filed under this subdivision, the director shall specify the amount of groundwater that the city or town may transport in excess of the amount allowed under this subdivision and may impose other conditions that the director deems appropriate.

(d) The city or town shall no longer transport any groundwater pursuant to this paragraph if all of the following apply:

(i) After January 1, 2009, the city or town obtains the legal right to receive a new supply of water originating from outside of its corporate boundaries, other than groundwater pursuant to this paragraph.

(ii) The supply of water is physically available to the city or town through a canal or pipeline.

(iii) The director determines that the supply of water, together with other water supplies physically available to the city or town, other than groundwater pursuant to this paragraph, is sufficient to provide a sustainable water supply for the city or town, including projected growth, and notifies the city or town of that determination.

7. Groundwater may be transported away from a groundwater basin for mineral extraction and processing, except that no groundwater may be transported away from the Parker groundwater basin or the Little Colorado river plateau groundwater basin for that purpose and, if the district is established, groundwater shall not be transported away from the upper San Pedro water district for that purpose except as provided in paragraphs  8 and 9 of this subsection.

8. If the upper San Pedro water district is established under title 48, chapter 37:

(a) A city, town or private water company whose service area is located in the district and a groundwater basin adjacent to the district, other than the upper San Pedro groundwater basin, and that provides water utility service to landowners or residents in the district and that adjacent groundwater basin as of July 1, 1993 may transport groundwater between the district and that adjacent groundwater basin.

(b) The transportation of groundwater in which groundwater is transported away from the district and away from the upper San Pedro groundwater basin and expansions of that transfer by the same person or its successor for the same purpose are valid if that transfer was occurring before September 1, 1993.

(c) The transportation of groundwater in which groundwater is transported away from the district but not away from the upper San Pedro groundwater basin and expansions of that transfer by the same person or its successor for the same purpose are valid if that transfer was occurring before the date the district is established.

9. A metal mining facility that is located in both the upper San Pedro and Douglas groundwater basins may transport groundwater between the two basins to the extent that the transportation is necessary to comply with an order issued by the director of environmental quality pursuant to title 49, chapter 2, article 5, including an order issued by the director of environmental quality pursuant to section 49-286. Before transporting groundwater pursuant to this paragraph, a metal mining facility shall give written notice to the director of water resources, which shall include a copy of the order requiring the remedial action or mitigation activities.

C. The director may limit by order the amount of groundwater withdrawn from a well in the Little Colorado river plateau groundwater basin for transportation away from the basin pursuant to subsection B, paragraph 1 of this section in any year in which the director determines that the projected withdrawals from the well for that purpose will unreasonably increase damage to surrounding land or other water users and if the well:

1. Was drilled on or before January 1, 1991.

2. Was not completed on January 1, 1991, but a notice of intention to drill the well was on file on that date.

3. Is a replacement well, in approximately the same location, for a well described in paragraph 1 or 2 of this subsection.

D. Groundwater may be withdrawn from a well drilled in the Little Colorado river plateau groundwater basin after January 1, 1991, except a replacement well in approximately the same location or a well drilled after that date pursuant to a notice of intention to drill that was on file with the department on that date, for transportation away from the basin pursuant to subsection B, paragraph 1 of this section only if the location of the well complies with the rules adopted pursuant to section 45-598, subsection A to prevent unreasonably increasing damage to surrounding land or other water users from the concentration of wells.

E. For the purposes of this section:

1. "Domestic purposes" means uses related to the supply, service and activities of households and private residences and includes the application of water to less than two acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such terms are defined in section 3-1201.

2. "Stock watering" means the watering of livestock, range livestock or poultry, as such terms are defined in section 3-1201.
A.R.S. § 45-576 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 576
45-576 Certificates of assured water supply; designated cities, towns and private water companies; exemptions; rules; definition
Status: in_force

45-576. Certificates of assured water supply; designated cities, towns and private water companies; exemptions; rules; definition

A. Except as provided in subsections G and J of this section, a person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in an active management area shall apply for and obtain a certificate of assured water supply from the director before presenting the plat for approval to the city, town or county in which the land is located, where such is required, and before filing with the state real estate commissioner a notice of intention to offer such lands for sale or lease, pursuant to section 32-2181, unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section.

B. Except as provided in subsections G and J of this section, a city, town or county may approve a subdivision plat only if the subdivider has obtained a certificate of assured water supply from the director or the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section.  The city, town or county shall note on the face of the approved plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section.

C. Except as provided in subsections G and J of this section, the state real estate commissioner may issue a public report authorizing the sale or lease of subdivided lands only on compliance with either of the following:

1. The subdivider, owner or agent has paid any activation fee required under section 48-3772, subsection A, paragraph 7 and any replenishment reserve fee required under section 48-3774.01, subsection A, paragraph 2 and has obtained a certificate of assured water supply from the director.

2. The subdivider has obtained a written commitment of water service for the lands from a city, town or private water company designated as having an assured water supply pursuant to this section and the subdivider, owner or agent has paid any activation fee required under section 48-3772, subsection A, paragraph 7.

D. The director shall designate private water companies in active management areas that have an assured water supply. If a city or town acquires a private water company that has contracted for central Arizona project water, the city or town shall assume the private water company's contract for central Arizona project water.

E. The director shall designate cities and towns in active management areas where an assured water supply exists. If a city or town has entered into a contract for central Arizona project water, the city or town is deemed to continue to have an assured water supply until December 31, 1997.  Commencing on January 1, 1998, the determination that the city or town has an assured water supply is subject to review by the director and the director may determine that a city or town does not have an assured water supply.

F. The director shall notify the mayors of all cities and towns in active management areas and the chairmen of the boards of supervisors of counties in which active management areas are located of the cities, towns and private water companies designated as having an assured water supply and any modification of that designation within thirty days after the designation or modification.  If the service area of the city, town or private water company has qualified as a member service area pursuant to title 48, chapter 22, article 4, the director shall also notify the conservation district of the designation or modification and shall report the projected average annual replenishment obligation for the member service area based on the projected and committed average annual demand for water within the service area during the effective term of the designation or modification subject to any limitation in an agreement between the conservation district and the city, town or private water company.  For each city, town or private water company that qualified as a member service area under title 48, chapter 22 and that was designated as having an assured water supply before January 1, 2004, the director shall report to the conservation district on or before January 1, 2005 the projected average annual replenishment obligation based on the projected and committed average annual demand for water within the service area during the effective term of the designation subject to any limitation in an agreement between the conservation district and the city, town or private water company. Persons proposing to offer subdivided lands served by those designated cities, towns and private water companies for sale or lease are exempt from applying for and obtaining a certificate of assured water supply.

G. This section does not apply in the case of the sale of lands for developments that are subject to a mineral extraction and metallurgical processing permit or an industrial use permit pursuant to sections 45-514 and 45-515.

H. The director shall adopt rules to carry out the purposes of this section. The rules shall provide for a reduction in water demand for an application for a designation of assured water supply or a certificate of assured water supply if a gray water reuse system will be installed that meets the requirements of the rules adopted by the department of environmental quality for gray water systems and if the application is for a certificate of assured water supply, the land for which the certificate is sought must qualify as a member land in a conservation district pursuant to title 48, chapter 22, article 4.  For the purposes of this subsection, "gray water" has the same meaning prescribed in section 49-201.

I. If the director designates a municipal provider as having an assured water supply under this section and the designation lapses or otherwise terminates while the municipal provider's service area is a member service area of a conservation district, the municipal provider or its successor shall continue to comply with the consistency with management goal requirements in the rules adopted by the director under subsection H of this section as if the designation was still in effect with respect to the municipal provider's designation uses. When determining compliance by the municipal provider or its successor with the consistency with management goal requirements in the rules, the director shall consider only water delivered by the municipal provider or its successor to the municipal provider's designation uses.  A person is the successor of a municipal provider if the person commences water service to uses that were previously designation uses of the municipal provider.  Any groundwater delivered by the municipal provider or its successor to the municipal provider's designation uses in excess of the amount allowed under the consistency with management goal requirements in the rules shall be considered excess groundwater for purposes of title 48, chapter 22.  For the purposes of this subsection, "designation uses" means all water uses served by a municipal provider on the date the municipal provider's designation of assured water supply lapses or otherwise terminates and all recorded lots within the municipal provider's service area that were not being served by the municipal provider on that date but that received final plat approval from a city, town or county on or before that date. Designation uses do not include industrial uses served by an irrigation district under section 45-497.

J. Subsections A, B and C of this section do not apply to a person who proposes to offer subdivided land for sale or lease in an active management area if all the following apply:

1. The director issued a certificate of assured water supply for the land to a previous owner of the land and the certificate was classified as a type A certificate under rules adopted by the director pursuant to subsection H of this section.

2. The director has not revoked the certificate of assured water supply described in paragraph 1 of this subsection, and proceedings to revoke the certificate are not pending before the department or a court.  The department shall post on its website a list of all certificates of assured water supply that have been revoked or for which proceedings are pending before the department or a court.

3. The plat submitted to the department in the application for the certificate of assured water supply described in paragraph 1 of this subsection has not changed.

4. Water service is currently available to each lot within the subdivided land and the water provider listed on the certificate of assured water supply described in paragraph 1 of this subsection has not changed.

5. The subdivided land qualifies as a member land under title 48, chapter 22 and the subdivider has paid any activation fee required under section 48-3772, subsection A, paragraph 7 and any replenishment reserve fee required under section 48-3774.01, subsection A, paragraph 2.

6. The plat is submitted for approval to a city, town or county that is listed on the department's website as a qualified platting authority.

K. Subsection J of this section does not affect the assignment of a certificate of assured water supply as prescribed by section 45-579.

L. On or before December 31, 2023, the director shall study and submit to the governor, president of the senate and speaker of the house of representatives a report on whether and how a person that seeks a building permit for six or more residences within an active management area, without regard to any proposed lease term for those residences, should apply for and obtain a certificate of assured water supply from the director before presenting the permit application for approval to the county in which the land is located, unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company designated as having an assured water supply pursuant to this section.

M. For the purposes of this section, the director shall find that any volume of groundwater or stored water recovered outside the area of impact of storage that is subject to groundwater savings credits issued pursuant to section 45-465.05 or rules adopted by the director pursuant to section 45-465.05, subsection L and pledged to an application for a certificate or designation of assured water supply is exempt from the physical availability requirement for an assured water supply. This subsection does not exempt:

1. Any volume of groundwater or stored water recovered outside the area of impact of storage that is subject to groundwater savings credits from any requirement for an assured water supply other than the physical availability requirement.

2. A water supply to be stored underground from the requirement to demonstrate that the supply will be physically available for storage.

N. For the purposes of this section, "assured water supply" means all of the following:

1. Sufficient groundwater, surface water or effluent of adequate quality will be continuously available to satisfy the water needs of the proposed use for at least one hundred years. 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, with respect to an applicant that is a member of the district, "sufficient groundwater" for the purposes of this paragraph means that the proposed groundwater withdrawals that the applicant will cause over a period of one hundred years will be of adequate quality and will not exceed, in combination with other withdrawals from land in the replenishment district, a depth to water of one thousand feet or the depth of the bottom of the aquifer, whichever is less. In determining depth to water for the purposes of this paragraph, the director shall consider the combination of:

(a) The existing rate of decline.

(b) The proposed withdrawals.

(c) The expected water requirements of all recorded lots that are not yet served water and that are located in the service area of a municipal provider.

2. The projected groundwater use is consistent with the management plan and achievement of the management goal for the active management area.

3. The financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use, including a delivery system and any storage facilities or treatment works. The director may accept evidence of the construction assurances required by section 9-463.01, 11-822 or 32-2181 to satisfy this requirement.
A.R.S. § 45-518 — Arizona Code / Title 45 / Chapter 2 / Article 7 / Section 518
45-518 Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance
Status: in_force

45-518. Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance

A. The director may issue a temporary permit to a person to withdraw groundwater for dewatering purposes if the director determines that:

1. Dewatering is necessary for the construction or the structural integrity of improvements on the land from which the groundwater is proposed to be withdrawn.

2. Dewatering is consistent within the management plan for the active management area.

3. The groundwater to be withdrawn pursuant to the permit will be used beneficially by a person who would otherwise be permitted to use groundwater under this title, including the applicant to the extent the applicant could otherwise withdraw and use groundwater under this title, unless the applicant demonstrates that it would be infeasible for any such person to put the groundwater to a beneficial use.

4. Dewatering will not harm any person permitted to withdraw or use groundwater under this title.

B. Subject to subsection C of this section, a permit issued pursuant to this section may be issued for a period of up to five years and may be extended for additional five year periods if the director determines that the conditions specified in subsection A of this section continue to apply.

C. The director shall monitor withdrawals of groundwater pursuant to a temporary dewatering permit or extension and shall terminate the permit if the conditions specified in subsection A or B of this section no longer apply.

D. During the period in which an application for a temporary dewatering permit is under consideration by the director pursuant to this article, the director may issue an emergency temporary dewatering permit to the applicant if the director determines that immediate dewatering is necessary for the construction or structural integrity of improvements on the land from which the groundwater is proposed to be withdrawn, that property damage or inordinate expense or delay would result if the applicant is not allowed to begin dewatering immediately and that dewatering will not harm any person permitted to withdraw or use groundwater under this title. The director may issue an emergency temporary dewatering permit without complying with section 45-523.  The director shall monitor withdrawals of groundwater pursuant to the emergency temporary dewatering permit and shall terminate the permit if the conditions that gave rise to its issuance no longer apply or if a temporary dewatering permit is issued or denied.
A.R.S. § 45-1605 — Arizona Code / Title 45 / Chapter 9 / Article 1 / Section 1605
45-1605 Equipment license; fee; application; reports required; revocation of license
Status: in_force

45-1605. Equipment license; fee; application; reports required; revocation of license

A. Any individual or corporation engaging in manufacturing, selling or offering for sale, leasing or offering to lease, licensing or offering to license equipment and supplies designed for weather control or cloud modification shall, before engaging in such manufacture, sale or offering for sale, procure a license from the director. The license shall be issued upon payment of a license fee of ten dollars and the filing of an application which shall show:

1. The name and address of the applicant.

2. The full description of the type and design of the equipment and supplies manufactured and sold by the applicant.

3. The operating technique of the equipment or supplies.

B. Within sixty days after issuance of an equipment license and semiannually thereafter, the licensee shall file with the director a copy of all advertising material used in selling or offering for sale, leasing or offering for lease, licensing or offering for license the equipment and supplies manufactured or sold by it.

C. The holder of a license shall within ten days after each sale of equipment or supplies report to the director, in writing, the exact character and quantity of equipment or supplies sold, the date of the sale and the persons to whom the sale was made.

D. Failure to file a copy of advertising material or reports required in this section constitutes grounds for immediate revocation of the equipment license.

E. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117.
A.R.S. § 45-1217 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1217
45-1217 Action and procedures to restrain violations
Status: in_force

45-1217. Action and procedures to restrain violations

A. The director may take any legal action proper and necessary for the enforcement of this chapter.

B. An action or proceeding under this section may be commenced whenever any owner or any person acting as a director, officer, agent or employee of any owner, or any contractor or agent or employee of such contractor is:

1. Failing or omitting or about to fail or omit to do anything required of him by this chapter or by any approval, order, rule, regulation or requirement of the director under the authority of this chapter; or

2. Doing or permitting anything or about to do or permit anything to be done in violation of or contrary to this chapter or any approval, order, rule, regulation or requirement of the director under this chapter; or

3. In the opinion of the director, in any manner in violation of this chapter.

C. Any action or proceeding under this section shall be commenced in a court of appropriate jurisdiction in which:

1. The cause or some part thereof arose; or

2. The owner or person complained of has his principal place of business; or

3. The person complained of resides.
A.R.S. § 45-1209 — Arizona Code / Title 45 / Chapter 6 / Article 1 / Section 1209
45-1209 Notice of completion; license of final approval; removal of dam
Status: in_force

45-1209. Notice of completion; license of final approval; removal of dam

A. Immediately upon completion or enlargement of a dam, notice of completion shall be given to the director. As soon as possible thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed shall be filed with the director which shall include:

1. A record of all grout holes and grouting.

2. A record of permanent location points and bench marks.

3. A record of tests of concrete or other material used in the construction of the dam.

4. A record of other items of permanent value bearing on safety and permanence of construction.

B. When an existing dam is enlarged, the supplementary drawings and descriptive matter need apply only to the new work.

C. The owner of a completed dam shall file an affidavit of the total cost of the dam comprised of items set forth in section 45-1204 and furnish such evidence in support thereof as the director requires. No license of final approval shall issue until the affidavit is filed. The completed dam shall be inspected by the director, and upon finding that the work has been done as required and that the dam is safe, the director shall issue a license of final approval forthwith, subject to such terms as the director deems necessary for the protection of life and property. In the event the total cost exceeds the estimated cost, the fee shall be recomputed in accordance with rules adopted pursuant to section 45-1204, subsection B. The owner shall pay the difference between the fee already paid and the recomputed fee.

D. Pending issuance of the license, the dam shall not be used except on written consent of the director, subject to conditions he may impose.

E. When a dam is removed the owner shall file with the director evidence showing that a sufficient portion has been removed to permit the free passage of floodwaters. Before final approval of the removal of the dam the director shall inspect the work to ascertain its safety.
A.R.S. § 45-2426 — Arizona Code / Title 45 / Chapter 14 / Article 2 / Section 2426
45-2426 Annual report
Status: in_force

45-2426. Annual report

A. The commission shall make and submit to the governor, president of the senate and speaker of the house of representatives on or before July 1 of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year.

B. The report shall contain all of the following:

1. An accounting of all monies expended from the banking fund.

2. An accounting of all monies in the banking fund remaining available to the authority.

3. The amount of water stored by the authority.

4. The number of long-term storage credits distributed or extinguished by the authority.

5. The purposes for which long-term storage credits were distributed or extinguished by the authority.

6. A description of the water banking services and interstate water banking to be undertaken by the authority during the following ten year period, and a projection of the capacity of the authority during that period to undertake those activities in addition to storing Colorado river water brought into the state through the central Arizona project for all of the following purposes:

(a) Protecting this state's municipal and industrial water users against future water shortages on the Colorado river and disruptions of operation of the central Arizona project.

(b) Fulfilling the water management objectives of this state as set forth in chapter 2 of this title.

(c) Making water available to implement the settlement of water rights claims by Indian communities within this state.

7. Any other matter determined by the authority to be relevant to the policy and purposes of this chapter.
A.R.S. § 45-615 — Arizona Code / Title 45 / Chapter 2 / Article 11 / Section 615
45-615 Deposits; divisions of collections into funds
Status: in_force

45-615. Deposits; divisions of collections into funds

Except as provided in section 45-113, subsection C, the director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected by the department pursuant to section 45-611, subsection A, paragraphs 2 and 3 and subsection C, paragraphs 2, 3 and 4 and any other monies received for that purpose. Based on the statement of the director transmitted pursuant to section 45-614, subsection B, the monies collected shall be allocated as follows:

1. Except as provided in paragraph 2 of this section, monies received for the purpose of augmentation of the water supply of the active management area, conservation assistance to water users within the active management area and monitoring and assessing water availability within the active management area shall be kept in an augmentation and conservation assistance fund. Separate accounts for each active management area shall be maintained within 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.

2. If an active management area water district has been established in an active management area, all monies received pursuant to section 45-611, subsection A, paragraph 2 for the purpose of augmentation of the water supply of that active management area shall be transmitted to the secretary-treasurer of the district for deposit in the general fund of the district.

3. Monies received for the purpose of purchase and retirement of grandfathered rights shall be kept in a purchase and retirement fund. Separate accounts for each active management area shall be maintained within 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.

4. Monies received for the purpose of Arizona water banking shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona water banking fund.

5. Monies collected by the director pursuant to section 45-611, subsection C, paragraph 5 shall be deposited in the temporary groundwater and irrigation efficiency projects fund established by section 45-615.01.
A.R.S. § 45-566.01 — Arizona Code / Title 45 / Chapter 2 / Article 9 / Section 566.01
45-566.01 Non-per capita conservation program for municipal providers; third management period
Status: in_force

45-566.01. Non-per capita conservation program for municipal providers; third management period

A. In addition to the provisions of the management plan for the third management period prescribed by section 45-566, subsection A, paragraph 2, no later than January 1, 2008, the director shall modify the management plan to replace the non-per capita conservation program for municipal providers in effect on the effective date of this amendment to this section with a non-per capita conservation program that is consistent with the guidelines in this amendment to this section.  Except as provided in subsections J, K, L and M of this section, all municipal providers shall comply with the non-per capita conservation program by the date prescribed in subsection I of this section. The non-per capita conservation program shall require a municipal provider regulated under the program to implement water conservation measures in its service area, including all of the following:

1. A public education program relating to water conservation.

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

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

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

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

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

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

D. The director shall design the non-per capita conservation program to achieve water use efficiency in the service areas of municipal providers regulated under the program equivalent to the water use efficiency that was assumed by the director in establishing the municipal provider's per capita conservation requirements pursuant to section 45-566, subsection A, paragraph 2.

E. Within thirty days after the management plan for the third management period is modified to include the non-per capita conservation program required by this amendment to this section, the director shall give written notice of the program to all municipal providers.

F. Except as provided in subsections J, K, L and M of this section:

1. No later than July 1, 2009, a municipal provider notified of the non-per capita conservation program pursuant to subsection E of this section shall submit to the director, on a form prescribed by the director, a provider profile that contains the following information:

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

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

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

2. No later than the date specified in the management plan, a municipal provider notified of the non-per capita conservation program pursuant to section 45-571.01, subsection B shall submit to the director, on a form prescribed by the director, a provider profile that includes the information described in paragraph 1 of this subsection.

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

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

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

2. The municipal provider is in violation of this section beginning on the date the director's decision is final until the municipal provider submits a provider profile that is approved by the director, except that the provider shall not be in violation before January 1, 2010.

I. Except as provided in subsections J, K, L and M of this section:

1. A municipal provider notified of the non-per capita conservation program pursuant to subsection E of this section shall be regulated under the program beginning on the date the director approves the municipal provider's provider profile pursuant to subsection G or H of this section, but not earlier than January 1, 2010 unless the municipal provider agrees to be regulated under the program before that date and the director has approved the municipal provider's provider profile.  A municipal provider regulated under the non-per capita conservation program shall comply with the program beginning on the date the provider is first regulated under the program until the compliance date for the applicable conservation requirements established in the management plan for the fourth management period.

2. A municipal provider notified of the non-per capita conservation program pursuant to section 45-571.01, subsection B shall be regulated under the non-per capita conservation program beginning on the date the director approves the municipal provider's provider profile pursuant to subsection G or H of this section, or such later date as determined by the director, and shall comply with the program beginning on that date until the compliance date for the applicable conservation requirements established in the management plan for the fourth management period.

J. Except as provided in subsection K of this section, a municipal provider designated as having an assured water supply pursuant to section 45-576 shall not be regulated under the non-per capita conservation program established under this section, but instead shall be regulated under the per capita conservation program established by the director pursuant to section 45-566, subsection A, paragraph 2, unless both of the following apply:

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

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

K. If a municipal provider designated as having an assured water supply pursuant to section 45-576 is regulated under a municipal conservation program other than the per capita conservation program established by the director pursuant to section 45-566, subsection A, paragraph 2 on the date the provider receives written notice pursuant to subsection E of this section and the provider is in compliance with that program as of that date:

1. The municipal provider shall continue to comply with the requirements of that program until the compliance date for the applicable conservation requirements established in the management plan for the fourth management period.

2. The provider may elect to be regulated under the per capita conservation program adopted pursuant to section 45-566, subsection A, paragraph 2 by giving written notice of the election to the director. After giving such written notice, the provider shall comply with the per capita conservation requirements prescribed by the director beginning on a date specified by the director.

L. A large untreated water provider shall not be regulated under the non-per capita conservation program with respect to its deliveries of untreated water.  A large untreated water provider shall comply with the conservation or rate of use requirements established pursuant to section 45-566, subsection A, paragraph 3 with respect to its deliveries of untreated water.

M. A small municipal provider shall not be regulated under the non-per capita conservation program established under this section, but instead shall comply with the conservation requirements established for small municipal providers pursuant to section 45-566, subsection A, paragraph 4.

N. A municipal provider that is regulated under the non-per capita conservation program established under this section shall comply with any individual user requirements prescribed pursuant to section 45-566, subsection A, paragraph 2, except as provided in section 45-571.02.

O. A municipal provider regulated under the non-per capita conservation program established under this section is exempt from the per capita conservation requirements prescribed under section 45-566, subsection A, paragraph 2.

P. The director shall prepare a guidance document to assist municipal providers entering into the non-per capita conservation program. The guidance document shall inform municipal providers of the requirements of the program as adopted in the management plan and the manner in which the director will implement the program.  The director shall cooperate with municipal providers in developing the guidance document.