reglab/housing_qa huggingface dataset:
AZ Rev Stat § 45-107.01 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-107.01 - Waiver of rights to return flow credits

45-107.01.  Waiver of rights to return flow credits Before the beginning of each accounting year on the Colorado river,  the director may consider a request by the secretary of the interior or the secretary's designated representative to waive rights held by this state to return flow credits for Colorado river water to the extent that water is returned to the Colorado river pursuant to a permit issued to the secretary under section 45-547. The director may grant the request on an annual basis,  on behalf of this state,  if all of the following apply: 1. The secretary holds a permit issued under section 45-547. 2. The secretary will use the water added to the Colorado river as a portion of the national obligation to provide replacement water for the specific purposes of replacement of the reject stream from the Yuma desalting plant,  and of any Wellton-Mohawk drainage water bypassed to the Santa Clara slough to satisfy the requirements of minute 242 of the international boundary and water commission for the United States and Mexico that was concluded pursuant to the Mexican water treaty of February 3,  1944. 3. The secretary expressly agrees that the waiver granted on behalf of this state under this section does not in any way limit or impair the rights of this state to Colorado river water except for the specific quantity of water in the specific year for which the waiver is granted. 4. No person in Arizona has applied for and obtained a permit under section 45-547 that would allow the return flow credit to be fully used to increase the beneficial use of water in this state. If other permits have been issued under section 45-547 that would allow the return flow credit to be partially used to increase the beneficial use of water in this state,  the director may grant the secretary the waiver for only that amount of the return flow credit that will not be used to increase the beneficial use of water in this state. 5. The director finds that granting the waiver will not impair the rights of this state or any holder in this state of a water delivery contract entered into pursuant to section 5 of the Boulder Canyon project act of 1928 (45 stat. 1060;  43 United States Code section 617d) to Colorado river water.
AZ Rev Stat § 45-108.03 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-108.03 - Exemption from adequate water supply requirements for city, town or county based on an adequate water supply within twenty years; criteria; application

45-108.03.  Exemption from adequate water supply requirements for city,  town or county based on an adequate water supply within twenty years;  criteria;  application A. If a proposed subdivision is located in a city,  town or county that requires an adequate water supply determination by the director as a condition of approval of the plat pursuant to section 9-463.01,  subsection J or O or section 11-823,  subsection A,  the subdivider may apply to the director for an exemption from the requirement pursuant to this section on a form prescribed by the director. The director shall grant the exemption if the subdivider demonstrates to the satisfaction of the director that the subdivision will be served by a water supply project to which both of the following apply: 1. The subdivider has demonstrated financial capability pursuant to section 45-108,  subsection I,  but the water supply project will not be capable of serving the subdivision with sufficient water to meet its demands in a timely manner because of one of the following: (a) The physical works for delivering water to the subdivision are not complete but are under construction and will be completed within twenty years. (b) The subdivision will be served Colorado river water by a water provider that does not currently have the legal right to serve the water to the subdivision,  but the water provider has an existing permanent contract for the Colorado river water and will have the legal right to serve the water to the subdivision within twenty years. 2. The subdivision will have an adequate water supply when the construction of the physical works is completed or the water supply is legally available to serve the subdivision,  whichever applies,  and the interim water supply that will serve the subdivision meets all of the criteria for an adequate water supply under section 45-108 except that the interim water supply will not be available for one hundred years. 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.
AZ Rev Stat § 45-108.04 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-108.04 - Definition of adequate water supply; upper San Pedro water district

45-108.04.  Definition of adequate water supply;  upper San Pedro water district For the purposes of section 45-108,  if the upper San Pedro water district is established under title 48,  chapter 37 for proposed uses in the district,  " adequate water supply"  means a water supply that complies with all of the following: 1. Sufficient groundwater,  surface water or effluent of adequate quality will be continuously,  legally and physically available to satisfy the water needs of the proposed use for at least one hundred years. 2. The projected water use is consistent with the goal of the district as set forth in section 48-6403,  subsection B and the district's ability to meet the measurable objectives for achieving the goal as included in the district's most recent comprehensive plan,  as determined by the director. If the district is established,  the director shall adopt rules containing criteria for making determinations under this paragraph and shall consult with the district board in developing the rules.  3. The financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use,  including a delivery system and any storage facilities or treatment works. The director may accept evidence of the construction assurances required by section 9-463.01,  11-823 or 32-2181 to satisfy this requirement.
AZ Rev Stat § 45-108.05 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-108.05 - Water supply definitions

45-108.05.  Water supply definitions The director shall post and maintain on the department s website definitions of the following subdivision water supply terms that apply to areas outside of active management areas: 1. Adequate water supply. 2. Inadequate water supply. 3. Property served by a water provider currently designated as having an adequate water supply. 4. No water supply determination,  which shall apply to properties that were subdivided prior to May 1,  1973 and for which there have been no plat changes after that date,  properties that are exempt from the requirements of section 45-108 and properties that have not received a determination of adequate water supply or inadequate water supply and that are not served by a water provider currently designated as having an adequate water supply.
AZ Rev Stat § 45-108.06 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-108.06 - Water provider water supply information; definitions

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.
AZ Rev Stat § 45-109 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-109 - Division of state into water districts; district water superintendent

45-109.  Division of state into water districts;  district water superintendent A. The director shall divide the state into water districts with reference to drainage watersheds in order to secure the best protection to claimants to water and the most economical supervision by the state. Districts shall not be created until necessary but shall be created as the claims from the streams or supply of the state are determined. B. The director shall appoint one water superintendent for each district,  who is eligible to receive such compensation as the director fixes,  which shall be paid by the water users of the district. Each superintendent shall keep an account of the time spent by the superintendent and assistants in performing their duties in each county,  and present a verified copy of the account to the superior court of each county at the end of each month,  whereupon the judge of the court shall order the account paid according to an equitable distribution of the amount among the water users. The superintendent may employ assistants whose compensation shall be fixed and paid in like manner as the superintendent.
AZ Rev Stat § 45-110 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-110 - Duties of superintendent; injunctive relief of injured water user

45-110.  Duties of superintendent;  injunctive relief of injured water user A. The superintendent of each water district shall: 1. Divide the water of the sources of supply of his district among the several ditches and reservoirs taking water therefrom,  and among the laterals and ditches according to the rights of each. 2. Shut and fasten the head gates of ditches,  and regulate the controlling works of reservoirs in time of scarcity of water as is necessary by reason of the rights existing from the supply of his district. 3. Regulate the distribution of water among the users under a partnership ditch or reservoir in accordance with existing judgments or decrees where the rights have been determined. 4. As far as practicable,  divide,  regulate and control the use of waters in his district by closing head gates to prevent the waste of water or its use in excess of the volume to which the owner of the right is lawfully entitled. B. When the superintendent regulates a head gate to a ditch or the controlling works of reservoirs,  he shall attach to the head gate or controlling works a written notice,  dated and signed,  stating that the head gate or controlling works has been regulated by him and is wholly under his control,  and the notice shall be legal notice to all parties interested in the division and distribution of the water of the ditch or reservoir. C. Any person injured by such action by the superintendent may apply to the superior court for an injunction against the superintendent,  but the injunction shall not be issued unless it appears that the superintendent has failed to carry into effect the order of the director or a judgment or decree of court determining existing rights to the use of the water.
AZ Rev Stat § 45-111 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-111 - Annual report by director

45-111.  Annual report by director On or before July 1 each year the director shall render to the governor and the legislature a full and true report of the department's operations under this title. The report shall include suggestions as to amending existing laws or enacting new legislation as the director and the Arizona water resources advisory board deem necessary and such other information,  suggestions and recommendations as the director considers of value to the public. The report shall be published and made available to the public.
AZ Rev Stat § 45-112 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-112 - Violations; classification; enforcement

45-112.  Violations;  classification;  enforcement A. A person is guilty of a class 2 misdemeanor who: 1. Knowingly and without authority opens,  closes,  changes or interferes with a lawfully established headgate,  measuring device or water box. 2. Knowingly uses water or conducts into or through such person's ditch water lawfully denied such person by the water superintendent or other competent authority. 3. Without authority uses water to which another is entitled except for water taken through a registered well without knowledge that such water constitutes the subflow of a river or stream. 4. Without authority diverts water from a stream. 5. Knowingly wastes water to the detriment of another. 6. Diverts a stream to the injury or threatened injury of the lands of another. 7. Uses,  stores or diverts water without or before the issuance of a permit to appropriate such waters. 8. Places or maintains an obstruction interfering with the use of works,  or prevents convenient access thereto,  when an appropriator of water has the lawful right of way for the storage,  diversion or carriage of such water. B. The possession or use of water when it has been lawfully denied by the water superintendent or other competent authority is prima facie evidence of the guilt of the person using it. C. The water superintendent or the water superintendent's assistants,  within the water superintendent's district,  may arrest any person violating this section and deliver that person to the sheriff or other police officer within the county,  and on delivery shall immediately make a complaint against that person before a justice of the peace. If no water superintendent has been appointed for a water district,  any affected person within the district may make a complaint to the sheriff or other police officer within the county against a person who violates this section.
AZ Rev Stat § 45-113 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-113 - Fees; refunds

45-113.  Fees;  refunds A. Except as otherwise prescribed,  the director shall establish by rule and shall collect reasonable fees to cover the costs of administrative services and expenses. B. Except as otherwise prescribed,  the director may establish by rule and collect fees for applications,  certificates,  licenses and permits relating to surface water,  groundwater,  water exchanges,  wells,  grandfathered rights,  substitution of acres,  adequate and assured water supply,  groundwater oversupply and lakes and for inspections relating to dam safety. C. If the director determines that a fee,  including a fee collected pursuant to section 45-611,  has been erroneously paid during the same fiscal year or during any prior fiscal year,  the director shall make an administrative adjustment or a refund,  without interest,  from the agency fund in which the fee was originally deposited to the current holder of the right,  application or registration for which the fee was paid. D. This section does not apply to fees paid or payable under section 45-254 or section 45-255,  subsection B.  E. Except as provided in subsection F of this section,  the director shall deposit,  pursuant to sections 35-146 and 35-147,  the monies collected under this section in the water resources fund established by section 45-117. F. The director shall deposit,  pursuant to sections 35-146 and 35-147,  the fees collected under this section relating to adequate and assured water supply pursuant to sections 45-108,  45-576 and 45-579 in the assured and adequate water supply administration fund established by section 45-580.
AZ Rev Stat § 45-114 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-114 - Administrative proceedings; rehearing or review; judicial review

45-114.  Administrative proceedings;  rehearing or review;  judicial review A. Administrative proceedings under this title are subject to title 41,  chapter 6,  article 10,  except for administrative proceedings under section 45-476.01. If an administrative hearing is held before the director's decision,  the administrative proceeding is a contested case under title 41,  chapter 6,  article 10. If an administrative hearing is not held before the director's decision,  the director's decision is an appealable agency action under title 41,  chapter 6,  article 10. This subsection does not apply to a public hearing conducted under this title or to a decision of the director that is entered after a public hearing conducted under this title. B. Except for a decision of the director under section 45-476.01,  after service of a final decision of the director under this title,  a party may file a motion for rehearing or review under section 41-1092.09 and may seek judicial review under title 12,  chapter 7,  article 6,  except as provided in section 41-1092.08,  subsection H. This subsection does not apply to a decision of the director that is entered after a public hearing conducted under this title. C. A decision of the director that is entered after a public hearing conducted under this title is subject to rehearing or review and judicial review as provided in this subsection. A party is not required to file a motion for rehearing or review in order to exhaust administrative remedies and may seek judicial review of the director's final decision under title 12,  chapter 7,  article 6 as follows: 1. If a party files a motion for rehearing or review,  the director's decision is not final for the purposes of judicial review until the director denies the motion or the director issues a decision after rehearing or review. A party shall file a motion for rehearing or review within thirty days after the publication or issuance of the director's findings and order as provided in sections 45-404,  45-414,  45-436,  45-571 and 45-576.03 or by rule. The director shall issue an order either granting or denying the motion within sixty days after the filing of the motion. The director's decision after rehearing or review is the director's final decision for the purposes of judicial review by the party who filed the motion for rehearing or review or by any other party. 2. If a motion for rehearing or review is not filed by any party,  the director's decision is final for the purposes of judicial review by any party.
AZ Rev Stat § 45-115 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-115 - Production and copying fund; use; account; nonreversion

45-115.  Production and copying fund;  use;  account;  nonreversion A. The department of water resources production and copying fund is established consisting of monies paid to the department for publications produced by the department and for copies of department records. The department shall administer the fund. Monies in the fund are continuously appropriated and shall be used for expenses incurred by the department in producing and distributing publications of the department and for copying department records for the public. B. The fund shall be a separate account on the books of the department. Monies remaining in the fund at the end of the fiscal year remain in the fund,  except that any monies in excess of twenty thousand dollars at the end of the fiscal year revert to the water resources fund established by section 45-117.
AZ Rev Stat § 45-116 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-116 - Publication and mailing fund; use; account; nonreversion

45-116.  Publication and mailing fund;  use;  account;  nonreversion A. The department of water resources publication and mailing fund is established consisting of monies paid to the department for the publication and mailing of legal notices required by law. The department shall administer the fund. Monies in the fund are continuously appropriated and shall be used for expenses incurred by the department in publishing and mailing legal notices required by law. B. The fund shall be a separate account on the books of the department. Monies remaining in the fund at the end of the fiscal year remain in the fund,  except that any monies in excess of twenty thousand dollars at the end of the fiscal year revert to the water resources fund established by section 45-117.
AZ Rev Stat § 45-117 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-117 - Water resources fund; purpose; monies held in trust

45-117.  Water resources fund;  purpose;  monies held in trust A. The water resources fund is established to be maintained in perpetuity consisting of: 1. Except as provided in section 45-113,  subsection F,  monies received pursuant to sections 45-113,  45-115,  45-116,  45-183,  45-273,  45-292,  45-411.01,  45-467,  45-476.01,  45-595,  45-612,  45-703,  45-871.01,  45-874.01,  45-1021,  45-1041,  45-1205,  45-1603 and 45-1605. 2. Monies appropriated by the legislature to the water resources fund. 3. Gifts,  grants and donations to the fund from any public or private source. 4. Interest and other income received from investing monies in the fund. B. Monies in the fund are subject to legislative appropriation. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. Monies in the fund shall be used exclusively by the department of water resources to carry out the purposes of this title and shall not be appropriated for any other purpose. D. The director shall administer the fund. On notice from the director,  the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund. E. Any fee,  assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.