reglab/housing_qa huggingface dataset:
AZ Rev Stat § 45-1021 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1021 - Enrollment of water exchange contracts; fee

45-1021.  Enrollment of water exchange contracts;  fee A. A water exchange contract may be enrolled by any party to the contract by filing a statement of water exchange contract with the director and complying with all of the following requirements: 1. The water exchange contract was in effect before January 1,  1992 and,  if originally oral,  is reduced to writing before December 31,  1994. 2. A water exchange actually was made after January 1,  1982 pursuant to the contract unless the water to be exchanged by one of the parties is central Arizona project water for which a subcontract was not offered by the secretary of the interior by January 1,  1992. 3. Each statement of water exchange contract is filed on a separate prescribed form not later than December 31,  1994. 4. Each statement of water exchange contract includes a description of the legal basis for acquiring and using the water subject to the water exchange. 5. If the water exchange involves water pumped from wells,  each statement of water exchange contract includes the well registration numbers of the wells pumping water pursuant to the exchange. 6. A copy of the water exchange contract is attached to the statement of water exchange contract. 7. Each blank in the prescribed form is completed legibly with the required information pursuant to instructions furnished by the director. 8. The statement of water exchange contract is certified as true under penalty of perjury. 9. The prescribed form is accompanied by a filing fee in an amount to be determined by rule by the director to cover the cost of administering this article. B. The director shall not accept a statement of water exchange contract that does not meet all of the requirements of subsection A of this section. If the director determines that a statement of water exchange contract fails to meet these requirements,  the director shall return it to the sender within ninety days specifying the deficiencies in the statement and providing the sender with sixty days within which to revise or supplement the statement in order to meet the requirements. The director may reject a revised or supplemented statement if,  on resubmittal,  it is still deficient. In such case,  the director shall provide the sender an additional sixty days in which to further revise or supplement the statement. The director shall not accept a revised or supplemented statement of water exchange contract after June 30,  1995.  C. 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.
AZ Rev Stat § 45-1022 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1022 - Effect of enrollment of a water exchange contract

45-1022.  Effect of enrollment of a water exchange contract Enrollment of a water exchange contract under section 45-1021 does not affect the validity of any water exchange conducted pursuant to that contract before the effective date of this chapter.
AZ Rev Stat § 45-1043 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1043 - Contents of permit

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.
AZ Rev Stat § 45-1044 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1044 - Actions for judicial review

45-1044.  Actions for judicial review A person whose application for a water exchange permit is denied or a person who contested a permit by filing a proper objection pursuant to section 45-1042 may seek judicial review of the director's decision in superior court as provided in section 45-405.
AZ Rev Stat § 45-1045 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1045 - Modification of water exchange permit

45-1045.  Modification of water exchange permit Holders of a water exchange permit may seek renewal of a permit within six months before the date the permit expires or may seek modification of an unexpired water exchange permit. All applications to renew or modify a permit shall be treated in the same manner as provided in section 45-1042 for the initial permit application and are subject to the criteria prescribed by section 45-1041.
AZ Rev Stat § 45-1046 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1046 - Revocation of water exchange permits

45-1046.  Revocation of water exchange permits A. After an administrative hearing the director may permanently or temporarily revoke all or part of a water exchange permit for any of the following reasons: 1. A false statement in regard to a material issue in an application to initiate,  modify or renew a permit,  or a false statement in regard to a material issue in any report required to be filed by a person using water pursuant to the provisions of the permit. 2. A material violation of the terms of the permit. 3. Failure to exchange water pursuant to a permit for five or more consecutive years except for reasons beyond the control of the permit holders. During the first five years a permit is in effect,  the parties may request,  and the director may approve,  an extension of this period for not more than an additional five years,  if necessary to complete construction of facilities or other works to be used to effectuate a permitted exchange. B. The director may revoke a water exchange permit with the written consent of the holders,  and in such a case a hearing is not required. C. 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 § 45-1051 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1051 - Notice of water exchange; contents forms; review by director

45-1051.  Notice of water exchange;  contents forms;  review by director A. A person who seeks to engage in a water exchange that does not meet the requirements of section 45-1002,  subsection A,  paragraph 1,  2,  3,  4 or 6 shall file a notice of water exchange with the director. The notice shall include the following: 1. The names and mailing addresses of each participant in the water exchange. 2. A copy of the contract pursuant to which the water exchange will be conducted. 3. The name of any active management area or irrigation non-expansion area from which groundwater will be withdrawn pursuant to the notice of water exchange. 4. The point or points of withdrawal,  including well registration number,  of any groundwater or stored water to be exchanged pursuant to the notice of water exchange. 5. The legal descriptions of the lands on which the water will be used pursuant to the notice of water exchange. 6. The total annual amount of water that may be used pursuant to the notice of water exchange. 7. The duration of the water exchange contract. 8. The uses to which any exchanged water may be applied during the term of the water exchange contract. 9. Such other information as the director deems appropriate. B. The notice of water exchange shall be filed with the director on a form prescribed by the director. Blank forms shall be furnished on request. C. The director shall not accept a notice of water exchange that does not contain all of the information required by subsection A of this section. If the director determines that a notice of water exchange does not contain all of the required information,  the director shall return it to the sender within sixty days specifying the deficiencies in the notice and provide the sender an opportunity to revise or supplement the notice. The director shall reject a revised or supplemented notice if,  on resubmittal,  it is still deficient.
AZ Rev Stat § 45-1052 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1052 - Water exchanges pursuant to notice; conditions

45-1052.  Water exchanges pursuant to notice;  conditions After filing a notice of water exchange that conforms with the requirements of section 45-1051,  subsection A,  the exchange may be initiated if it satisfies the following conditions: 1. The water exchange will be made pursuant to a written contract. 2. The water exchange will not affect vested rights to water. 3. Each participant in the water exchange has a right to the water the party will give in the exchange. 4. For each participant that is not a city,  town,  private water company or irrigation district,  any new or increased pumping by that participant from a well within an active management area pursuant to the water exchange will not unreasonably increase damage to surrounding land or other water users. 5. For each participant that is a city,  town,  private water company or irrigation district with a service area located partly or wholly in an active management area,  any new or increased pumping by that participant within that participant's service area pursuant to the water exchange is consistent with the management plan and achievement of the management goal for the active management area. 6. Each participant in the water exchange either: (a) Receives at least ninety per cent of the quantity of water that the participant gives in the water exchange. (b) Receives at least fifty per cent of the quantity of water that the participant gives in the water exchange,  unless otherwise authorized by law,  and the director determines the water exchange is beneficial to water management in this state.
AZ Rev Stat § 45-1061 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1061 - Inspections; investigations and audits

45-1061.  Inspections;  investigations and audits A. The director or the director's authorized representative may enter at reasonable times on private or public property where water is withdrawn,  diverted or used pursuant to a water exchange,  and the owner,  manager or occupant of the property shall permit the entry to: 1. Inspect facilities for withdrawal,  diversion or use of the water. 2. Ascertain compliance with this chapter. 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 chapter. The director shall adopt rules for conducting inspections and obtaining warrants under this section. 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 chapter. C. The director may require a person who is required to keep records under section 45-1004 to appear,  at reasonable times and on reasonable notice,  at the director's office and produce such records and information as are specified in the notice to determine whether the records and annual reports required by section 45-1004 are complete,  true and correct. The director shall audit a sufficient number of persons under this subsection to ensure general compliance with this chapter. D. The director shall provide a written report of each inspection,  investigation and audit under this section to the person who is subject to such action.
AZ Rev Stat § 45-1062 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1062 - Cease and desist order; temporary cease and desist order; hearings; injunctive relief

45-1062.  Cease and desist order;  temporary cease and desist order;  hearings;  injunctive relief A. If the director has reason to believe that a person is violating or has violated any provision of this chapter,  a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter,  the director may give the person written notice that the person may appear and show cause at an administrative hearing at least thirty days after the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date,  time and place of the hearing and the consequences of failure to appear. B. Notwithstanding subsection A of this section,  if the director finds that a person is withdrawing,  diverting or using water in violation of any provision of this chapter,  a permit or order issued pursuant to this chapter or a rule adopted to carry out the purposes of this chapter,  the director may issue a temporary order for the person to cease and desist the withdrawal,  diversion or use pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date and time when and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days after the date of the order unless the person consents to a longer period. C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation,  a cease and desist order,  the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114,  subsection B in the superior court in the county in which the violation is alleged to have occurred. D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section,  the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator. E. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
AZ Rev Stat § 45-1063 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1063 - Civil penalties

45-1063.  Civil penalties A. A person who is determined pursuant to section 45-1062 to be in violation of any provision of this chapter,  a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter may be assessed a civil penalty in an amount not exceeding: 1. One hundred dollars per day for a violation not directly related to the illegal withdrawal,  diversion or use of water pursuant to a water exchange. 2. One thousand dollars per day for a violation directly related to the illegal withdrawal,  diversion or use of water pursuant to a water exchange. B. The director shall bring any action to recover penalties under this section in 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 under this article shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
AZ Rev Stat § 45-1201 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1201 - Definitions

45-1201.  Definitions In this article,  unless the context otherwise requires: 1. " Dam"  means any artificial barrier,  including appurtenant works for the impounding or diversion of water,  twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include: (a) Any barrier that is or will be less than six feet in height,  regardless of storage capacity. (b) Any barrier that has or will have a storage capacity of fifteen acre-feet or less,  regardless of height. (c) Any barrier for the purpose of controlling liquid-borne material. (d) Any barrier that is a release-contained barrier. (e) Any barrier that is owned,  controlled,  operated,  maintained or managed by the United States government or its agents or instrumentalities if a safety program that is at least as stringent as the state safety program applies and is enforced against the agent or instrumentality. 2. " Height"  means the vertical distance from the lowest elevation of the outside limit of the barrier at its intersection with the natural ground surface to the spillway crest elevation. 3. " Owner"  includes any person or entity that owns,  controls,  operates,  maintains,  manages or proposes to construct or modify a dam. 4. " Person"  means any person,  firm,  association,  organization,  partnership,  business trust,  corporation,  company or district. 5. " Release-contained barrier"  means any artificial barrier and appurtenant works that comply with both of the following: (a) Has a storage capacity that in the event of failure would be contained within property that the release-contained barrier owner owns,  controls,  operates,  maintains or manages. (b) The property on which the release would be contained is not open to the public. 6. " Storage capacity"  means the maximum volume of water that can be impounded by the reservoir when there is no discharge of water.
AZ Rev Stat § 45-1202 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1202 - Jurisdiction of director of water resources; records; rules; notice of exemption

45-1202.  Jurisdiction of director of water resources;  records;  rules;  notice of exemption A. All dams are under the jurisdiction of the director of water resources. Dams of the state,  or any political subdivisions thereof,  or dams of public utilities,  and all dams within the state are included within the jurisdiction conferred by this section. It is unlawful to construct,  reconstruct,  repair,  operate,  maintain,  enlarge,  remove or alter any dam except upon approval of the director. B. The records pertaining to dam supervision are public documents.  C. The director shall adopt and revise rules and issue general orders to effectuate this article. D. To qualify for an exemption for a release-contained barrier,  the owner of an existing or proposed release-contained barrier shall submit to the director a notice of exemption. The director shall accept or reject a notice of exemption within thirty days after receipt of both of the following: 1. A statement signed by the owner that: (a) The storage capacity of the release-contained barrier would be contained within property that the release-contained barrier owner owns,  operates,  controls,  maintains or manages and that is not open to the public. (b) The release-contained barrier owner will maintain downstream containment structures or sites with sufficient containment throughout the useful life of the release-contained barrier. 2. A topographic site plan that shows: (a) The property lines and ownership status of the land. (b) Any areas of the property that are open to the public. (c) The locations and storage capacities of the release-contained barrier and the downstream containment structures or sites. E. The director may conduct site inspections to verify the release-contained barrier exemption.
AZ Rev Stat § 45-1203 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-1203 - Approval by director of proposed dams or enlargements of existing dams; application for construction or enlargement

45-1203.  Approval by director of proposed dams or enlargements of existing dams;  application for construction or enlargement A. Construction of a dam or enlargement of an existing dam shall not be commenced until a written approval of plans and specifications has been obtained from the director. B. A separate application for each dam shall be filed with the director upon forms provided by him,  reciting the name and address of the owner or his agent,  the location,  type,  size and height of the proposed dam and appurtenant works,  the storage capacity of the reservoir,  and such other information as the director requests. The application shall also set forth the area of the drainage basin,  rainfall and stream flow records,  flood flow records and estimates and other similar information required by the director. The director may require information concerning subsoil and foundation conditions and may require that the site be drilled or otherwise prospected. C. When the physical conditions and the size of the dam do not require the information provided in subsection B,  such information may be waived by the director. D. The means,  plans and specifications by which the stream or body of water is to be dammed,  by-passed or controlled during construction shall be stated in the application,  or such means,  plans and specifications shall be submitted to the director for approval prior to beginning construction. The director shall have the same authority over the construction and maintenance of such means of damming,  by-passing or controlling the stream or body of water during construction of the dam as he has over similar work on the dam itself. E. The application shall further state the proposed time of beginning and completing construction,  the estimated cost of construction,  the use to which the impounded or diverted water is to be put,  and shall be accompanied by maps,  plans and specifications and state such details and dimensions as the director may require. The maps,  plans and specifications shall be a part of the application. F. Prior to the approval of plans and specifications,  the director may require a surety company bond in an amount sufficient to secure the costs to the state in assuring the safety of any dam left partially constructed. The bond may be required only when the director questions the financial ability of the owner or contractor,  or otherwise deems the bond advisable.