reglab/housing_qa huggingface dataset:
AZ Rev Stat § 45-118 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-118 - Arizona system conservation fund; purpose; report

45-118.  Arizona system conservation fund;  purpose;  report (Rpld. 4/1/27) A. The Arizona system conservation fund is established consisting of legislative appropriations,  grants and contributions from private and public entities. The director shall administer the fund. Monies in the fund are continuously appropriated for the purposes of this section. The director may spend monies from the fund to contract with Colorado River water users in this state that hold entitlements to Colorado River water under the decree in Arizona v. California to forgo water deliveries or diversions for the purpose of creating system conservation. Contracts entered into pursuant to this section are exempt from title 41,  chapter 23.  B. System conservation created through the use of the fund shall provide for Colorado River water to be conserved in Lake Mead through a verified reduction in existing consumptive use in order to decrease the likelihood of lake elevations dropping to levels that could result in reductions to this state's Colorado River allocation. System conservation must be created for the benefit of the Colorado River system and not for the benefit of any individual Colorado River water user. C. On notice from the director,  the state treasurer shall invest and divest monies earned as provided by section 35-313,  and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  D. Beginning July 1,  2021 and on July 1 each year thereafter,  the director shall submit a detailed report to the governor,  the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. The report shall describe the expenditures made from the fund during the previous fiscal year and the volume of water that was conserved in Lake Mead.
AZ Rev Stat § 45-131 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-131 - Definitions

45-131.  Definitions In this article,  unless the context otherwise requires: 1. " Body of water"  means a body of water in an active management area established under chapter 2 of this title,  including a lake,  pond,  lagoon or swimming pool,  that has a surface area greater than twelve thousand three hundred twenty square feet and that is filled or refilled for landscape,  scenic or recreational purposes. A body of water that is used incidentally for landscape,  scenic or recreational purposes is deemed not to be filled or refilled for landscape,  scenic or recreational purposes. Only for the purpose of determining the surface area of a body of water,  two or more bodies of water that are connected are considered to be one body of water. 2. " Swimming pool"  means an artifically constructed pool for swimming purposes that meets the applicable design standards and specifications for swimming pools prescribed by the director of environmental quality pursuant to section 49-104,  subsection B,  paragraph 12.
AZ Rev Stat § 45-134 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-134 - Temporary emergency permit for use of surface water or groundwater in body of water

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.
AZ Rev Stat § 45-135 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-135 - Inspections; investigations

45-135.  Inspections;  investigations A. The director or the director's authorized representative may enter at reasonable times on private or public property where a body of water is located,  and the owner,  manager or occupant of the property shall permit such entry,  to: 1. Inspect the body of water. 2. Ascertain compliance with this article. B. Inspections and investigations under this section shall be on reasonable notice to the owner,  manager or occupant of the property unless reasonable grounds exist to believe that the notice would frustrate the enforcement of this article. The director shall adopt rules for conducting inspections and obtaining warrants under this section. The director may apply for and obtain warrants. If warrants are required by law,  the director shall apply for and obtain warrants for entry and inspection to carry out the administrative and enforcement purposes of this article. C. The director shall provide a written report of each inspection and investigation under this section to the person subject to such action.
AZ Rev Stat § 45-136 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-136 - Cease and desist order; temporary cease and desist order; hearings; injunctive relief

45-136.  Cease and desist order;  temporary cease and desist order;  hearings;  injunctive relief A. Except as provided by subsection B of this section,  if the director has reason to believe that a person is violating or has violated any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purposes of this article,  the director may give the person written notice that the person may appear and show cause at an administrative hearing not less than thirty days after the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date,  time and place of the hearing and the consequences of failure to appear. B. If the director finds that a person is filling or refilling all or a portion of a body of water in violation of any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purposes of this article,  the director may issue a temporary order for the person to cease and desist the filling or refilling pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date,  time and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days of the date of the order unless the person consents to a longer period. C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation,  a cease and desist order,  the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114,  subsection B in the superior court in the county in which the violation is alleged to have occurred. D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section,  the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator. E. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
AZ Rev Stat § 45-137 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-137 - Civil penalties

45-137.  Civil penalties A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article may be assessed a civil penalty in an amount not exceeding: 1. One hundred dollars per day of violation not directly related to the illegal filling or refilling of all or a portion of a body of water. 2. Ten thousand dollars per day of violation directly related to the illegal filling or refilling of all or a portion of a body of water. B. An action to recover penalties under this section shall be brought by the director in the superior court in the county in which the violation occurred. C. In determining the amount of the penalty,  the court shall consider the degree of harm to the public,  whether the violation was knowing or wilful,  the past conduct of the defendant,  whether the defendant should have been on notice of the violation,  whether the defendant has taken steps to cease,  remove or mitigate the violation and any other relevant information.
AZ Rev Stat § 45-138 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-138 - Burden of proof

45-138.  Burden of proof A person who claims in a hearing held pursuant to section 45-136 or in a civil action that he is not violating or has not violated any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article on the ground that he qualifies for an exemption under section 45-132,  subsection B,  paragraph 4 has the burden of proving that he qualifies for the exemption.
AZ Rev Stat § 45-139 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-139 - Violation; classification

45-139.  Violation;  classification A. Unless otherwise specified,  a person who knowingly violates or refuses to comply with any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a class 2 misdemeanor. A person who,  after notice of violation,  continues in violation of any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a separate offense for each day of violation. B. A person who knowingly and intentionally fills or refills all or a portion of a body of water in violation of this article is guilty of: 1. A class 6 felony if the amount of water illegally used is one thousand acre-feet or more. 2. A class 1 misdemeanor if the amount of water illegally used is more than one hundred acre-feet but less than one thousand acre-feet. 3. A class 3 misdemeanor if the amount of water illegally used is one hundred acre-feet or less.
AZ Rev Stat § 45-139.01 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-139.01 - Notice of source of water used to fill or refill body of water

45-139.01.  Notice of source of water used to fill or refill body of water A person who,  after December 31,  1986,  begins the physical on-site construction of a body of water located in a subdivision as defined in section 32-2101 and which will be filled or refilled with a source of water identified in section 45-132,  subsection B,  paragraph 4,  shall: 1. Make written disclosure to prospective purchasers of property within the subdivision of the source of water to be used to fill or refill the body of water,  the legal basis for access to the source of water and the duration of any permit or contract under which the source of water is obtained. If a public report for the subdivision is issued under section 32-2183,  the disclosure may be made in the public report. 2. Include in the agreement or contract for the purchase of property within the subdivision a provision stating the source of water to be used to fill or refill the body of water and have the purchaser of the property acknowledge this provision by signing or initialing the provision.
AZ Rev Stat § 45-139.02 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-139.02 - Effect on legal status of effluent

45-139.02.  Effect on legal status of effluent Nothing in this article shall be construed to determine the legal status of effluent.
AZ Rev Stat § 45-141 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-141 - Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture

45-141.  Public nature of waters of the state;  beneficial use;  reversion to state;  actions not constituting abandonment or forfeiture A. The 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,  belong to the public and are subject to appropriation and beneficial use as provided in this chapter. B. Beneficial use shall be the basis,  measure and limit to the use of water.  C. Except as otherwise provided in this title or in title 48,  when the owner of a right to the use of water ceases or fails to use the water appropriated for five successive years,  the right to the use shall cease,  and the water shall revert to the public and shall again be subject to appropriation.  D. Underground water storage,  pursuant to chapter 3.1 of this title,  for future beneficial use of waters appropriated pursuant to this chapter does not constitute an abandonment or forfeiture. E. The following water exchange arrangements or substitutions do not constitute an abandonment or forfeiture of all or any portion of a right to use surface water: 1. Exchanging surface water for groundwater,  effluent,  Colorado river water,  including water delivered through the central Arizona project,  or another source of surface water pursuant to chapter 4 of this title.  2. Substituting groundwater,  effluent,  Colorado river water,  including water delivered through the central Arizona project,  or another source of surface water for surface water. F. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.
AZ Rev Stat § 45-151 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-151 - Right of appropriation; permitted uses; water rights in stockponds

45-151.  Right of appropriation;  permitted uses;  water rights in stockponds A. Any person,  the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic,  municipal,  irrigation,  stock watering,  water power,  recreation,  wildlife,  including fish,  nonrecoverable water storage pursuant to section 45-833.01 or mining uses,  for his personal use or for delivery to consumers. The person,  the state of Arizona or a political subdivision thereof first appropriating the water shall have the better right. B. To effect the beneficial use,  the person,  the state of Arizona or a political subdivision thereof appropriating the water may construct and maintain reservoirs,  storage facilities pursuant to chapter 3.1 of this title,  dams,  canals,  ditches,  flumes and other necessary waterways. C. A water right in a stockpond,  certified pursuant to article 10 of this chapter,  shall be recognized as if such water had been appropriated pursuant to this article.
AZ Rev Stat § 45-152 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-152 - Application for permit to appropriate water

45-152.  Application for permit to appropriate water A. Any person,  including the United States,  the state or a municipality,  intending to acquire the right to the beneficial use of water,  shall make an application to the director of water resources for a permit to make an appropriation of the water. The application shall state: 1. The name and address of the applicant. 2. The water supply from which the appropriation is applied for. 3. The nature and amount of the proposed use. 4. The location,  point of diversion and description of the proposed works by which the water is to be put to beneficial use. 5. The time within which it is proposed to begin construction of such works and the time required for completion of the construction and the application of the water to the proposed use. B. The application also shall set forth: 1. If for agricultural purposes,  the legal subdivisions of the land and the acreage to be irrigated. 2. If for power purposes,  the nature of the works by which power is to be developed,  the pressure head and amount of water to be utilized,  the points of diversion and release of the water and the uses to which the power is to be applied. 3. If for the construction of a reservoir,  the dimensions and description of the dam,  the capacity of the reservoir for each foot in depth,  the description of the land to be submerged and the uses to be made of the impounded waters. 4. If for municipal uses,  the population to be served,  and an estimate of the future population requirements. 5. If for mining purposes,  the location and character of the mines to be served and the methods of supplying and utilizing the waters. 6. If for recreation or wildlife,  including fish,  the location and the character of the area to be used and the specific purposes for which such area shall be used. C. The application shall be accompanied by maps,  drawings and data prescribed by the director.
AZ Rev Stat § 45-152.01 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-152.01 - Instream flow applications; process; definition

45-152.01.  Instream flow applications;  process;  definition A. In addition to the information prescribed in section 45-152,  any person,  including the United States,  this state or a municipality,  who files an instream flow application after the effective date of this section shall comply with the following: 1. The applicant shall submit at least five years of streamflow measurement data to support the proposed beneficial use which shall be submitted at the time the application is filed. The director shall not accept for filing an instream flow application that is not accompanied by at least five years of continuous streamflow measurement data. The streamflow data submitted shall consist of gauged on-site measurements of available water flow from the area in which the claimed beneficial use occurs. 2. The instream flow application shall describe the proposed beneficial use and shall specify both of the following: (a) The amount of streamflow required for the proposed beneficial use. (b) The availability of the requested flows during claimed periods of beneficial use. B. Applications that are submitted after the effective date of this section shall be rejected if the application does not comply with this section. C. For the purposes of this section,  " instream flow application"  means an application for a permit to make an appropriation of water for purposes of recreation or wildlife,  including fish,  in a specific stream reach without diverting the water from the stream.
AZ Rev Stat § 45-153 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-153 - Criteria for approval or rejection of applications; restrictions on approval

45-153.  Criteria for approval or rejection of applications;  restrictions on approval A. The director shall approve applications made in proper form for the appropriation of water for a beneficial use,  but when the application or the proposed use conflicts with vested rights,  is a menace to public safety,  or is against the interests and welfare of the public,  the application shall be rejected. An administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary. B. An application may be approved for less water than applied for if substantial reasons exist but shall not be approved for more water than may be put to a beneficial use. Applications for municipal uses may be approved to the exclusion of all subsequent appropriations if the estimated needs of the municipality so demand after consideration by and upon order of the director. C. If the director approves an application for the appropriation of water for use on land owned by the state of Arizona,  a permit or certificate shall be issued as prescribed by section 37-321.01.  D. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
AZ Rev Stat § 45-154 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-154 - Correction of defective application

45-154.  Correction of defective application Upon receipt of the application,  the director shall endorse on the application the date of its receipt and keep a record of applications received. If the application is defective it shall be returned for correction or completion,  with the date of and reasons for returning it endorsed on the application and a record made of applications returned. The application shall not lose priority of filing because of defects if the application is corrected,  completed and refiled with the director within sixty days after its return to the applicant,  or within such further time as the director may,  by an order of record,  allow. Applications shall be recorded in a book kept for that purpose.
AZ Rev Stat § 45-155 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-155 - Requiring additional information on application

45-155.  Requiring additional information on application A. Before approving or rejecting the application,  the director may require additional information to enable it to protect properly the public interest and may,  on applications proposing to divert more than ten cubic feet of water per second,  require a statement of the following facts: 1. If a corporation,  a copy of the articles of incorporation,  the names and residences of directors and officers and the amount of its authorized and paid-up capital. 2. If not a corporation,  the name of the party proposing to construct the works and a disclosure of the party's financial ability to complete the proposed work. B. The director may also require the applicant to show that the proposed diversion of water will not conflict with vested rights.