reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-185 - Filing of claim not deemed adjudication of right; presumption; exemption

45-185.
Filing of claim not deemed adjudication of right;  presumption;  exemption
A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use of waters as between the person and the state,  or as between one or more persons asserting the water right,  and the date of filing under this article shall have no effect upon the priority of such rights. A statement of claim is not admissible in evidence for the purpose of demonstrating that water diverted or withdrawn and beneficially used is appropriable under section 45-141,  subsection A,  but a statement of claim is admissible in evidence as a rebuttable presumption of the truth and accuracy of the contents of the claim.
B. Wells used to produce water exclusively for domestic or stock watering purposes are exempt from the provisions of this article,  but the granting of this exemption shall not establish the presumption that a water right exists.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-187 - No rights acquired by adverse use or adverse possession

45-187.
No rights acquired by adverse use or adverse possession
No rights to the use of public waters of the state may be acquired by adverse use or adverse possession as between the person and the state,  or as between one or more persons asserting the water right,  but nothing contained herein shall be deemed to diminish or enhance the validity of a claim filed under this article originating prior to the effective date of chapter 164 of the laws of 1919.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-188 - Future rights acquired through appropriation; rights within service area of agricultural or municipal provider

45-188.
Future rights acquired through appropriation;  rights within service area of agricultural or municipal provider
A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation and evidenced by a certificate of water right issued under article 5 of this chapter,  a court decree,  or previous possession or continued beneficial use and who intentionally abandons the use thereof or who voluntarily fails,  without sufficient cause,  to beneficially use all or any part of the right to withdraw for any period of five successive years shall relinquish such right or portion thereof. The rights relinquished shall revert to the state,  and the waters affected by such rights shall become available for appropriation to the extent they are not lawfully claimed or used by existing appropriators.
B. If a use or claim is subject to forfeiture by nonuse,  failure by the appropriator to use water within a five year period does not result in a forfeiture of the associated water right if water use is resumed before the occurrence of the earlier of any of the following:
1. The initiation of proceedings pursuant to section 45-189 to determine whether the right has been forfeited or abandoned.
2. The filing by a third party of a statement of claimant in a general adjudication instituted pursuant to article 9 of this chapter that asserts the right to use water from the stream in which the subject nonuse has occurred.
3. The assertion by a third party of written objections in response to an application by the appropriator to sever and transfer the right pursuant to section 45-172.
C. 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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-189 - Reversion of rights due to nonuse; notice; hearing; order; exception

45-189.
Reversion of rights due to nonuse;  notice;  hearing;  order;  exception
A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion of the water right for a period of five or more consecutive years,  and it appears that the right has or may have reverted to the state because of such nonuse,  as provided by section 45-141 and section 45-188,  subsection A,  the director shall notify such person to show cause at an administrative hearing why the right or portion of the right should not be declared relinquished.
B. The notice shall contain:
1. The time and place of the hearing.
2. A description of the water right,  including the approximate location of the point of diversion,  the general description of the lands or places where such waters were used,  the water source,  the amount involved,  the purpose of use,  the apparent authority on which the right is based and the factual basis for the notice to show cause.
3. A statement that unless sufficient cause is shown the water right will be declared relinquished.
C. The notice shall be served at least thirty days before the hearing.
D. The director shall make an order determining whether such water right has been relinquished and give notice to each party of the order by serving such persons at their last known addresses.
E. For the purposes of this section,  section 45-141,  subsection C and section 45-188,  subsection A,  the following reasons shall be sufficient cause for nonuse:
1. Drought,  or other unavailability of water.
2. Active service in the armed forces of the United States during military crisis.
3. Nonvoluntary service in the armed forces of the United States.
4. The operation of legal proceedings.
5. Federal,  state or local laws imposing land or water use restrictions,  or acreage limitations,  or production quotas.
6. Compliance with an applicable conservation requirement established by the director pursuant to chapter 2,  article 9 of this title.
7. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01.
8. With respect to a water right appropriated for an irrigation use,  either of the following:
(a) Pendency of a proceeding before a court or the director to change the permitted use from irrigation to municipal or other uses pursuant to a court decree or section 45-156 or to sever the right from the land to which it is appurtenant and transfer it for municipal use pursuant to section 45-172.
(b) After a change in the permitted use from irrigation to municipal pursuant to a court decree or section 45-156 or 45-172,  insufficient demand for the water by the municipal users.
9. Any other reason that a court of competent jurisdiction deems would warrant nonuse.
F. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-189.01 - Water conservation plan notice; filing; exemption; duration

45-189.01.
Water conservation plan notice;  filing;  exemption;  duration
A. Beginning on September 29,  2021,  a person who is entitled to the use of water may file with the director a water conservation plan notice. A water conservation plan notice shall include the following:
1. The name and address of the person who is entitled to the use of water that is included in the water conservation plan.
2. A description of all water rights and claims that the person who is entitled to use those water rights and claims is including in the water conservation plan.
3. The place and purpose of the use of the identified water rights and claims and the historical and current water use.
4. A description of any water conservation measures that will be implemented as part of the water conservation plan.
5. A statement that the water conservation plan is voluntary and temporary in nature.
6. A statement that the water conservation plan is intended to result in the temporary reduction in the use of water or a reduction in the diversion of water.
7. A statement that the activities described in the water conservation plan will contribute to the practical and economical management,  conservation and use of surface water in the watersheds of this state.
8. A statement that the person who holds the valid water right that is subject to the water conservation plan does not intend to abandon such water right during the terms of the water conservation plan.
B. On filing a water conservation plan notice,  the conservation of water pursuant to the plan does not constitute an abandonment or forfeiture of the water conserved. A person may not accrue long-term storage credits for any water that is conserved in a water conservation plan notice filed pursuant to this section.
C. A water conservation plan shall designate a duration of up to ten years. The person filing the water conservation plan notice may file a subsequent notice for some or all of the water rights and claims before expiration of the designated time and may file subsequent water conservation plan notices for one or more periods of up to ten years each.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-201 - Construction of canals; eminent domain

45-201.
Construction of canals;  eminent domain
An owner of arable and irrigable lands may construct public or private canals for carrying water and,  when the canal necessarily runs through the lands of another,  the right of way therefor through such lands may be acquired by condemnation under eminent domain.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-202 - Opening fence without consent of owner; damages

45-202.
Opening fence without consent of owner;  damages
A fence may be opened without consent of the owner in order to repair a public water ditch when it is necessary to use a team or vehicle to repair the ditch. On completion of the repair the fence shall be closed by the party opening it,  and left as nearly as possible in the condition it was before the opening. The person opening the fence is liable for damages which occur by reason of the opening and entry.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-203 - Head gates; measuring devices required on canals and reservoirs

45-203.
Head gates;  measuring devices required on canals and reservoirs
A. The owner of a ditch or canal shall maintain at the point where the water is diverted a substantial head gate so constructed that it can be locked and kept closed by the water superintendent. An owner,  when required by the director of water resources,  shall construct and maintain measuring devices at points along the ditch to assist the water superintendent in determining the amount of water to be diverted into the ditch from the stream,  or taken from it by the users.
B. The owner of a reservoir located across or upon the bed of a natural stream shall,  when required by the director,  construct and maintain a measuring device,  approved by the director,  below the reservoir,  a gauge graduated to feet and tenths of feet inside the reservoir and a capacity table for the reservoir,  and,  if necessary,  a measuring device above the reservoir on each source of supply discharging into the reservoir.
C. When necessary for the protection of other water users,  the director may require flumes to be installed along the line of a ditch.
D. If the owner of irrigation works refuses or neglects to construct and maintain head gates,  flumes or measuring devices after twenty days' notice,  the director may close the ditch and it shall not be opened or water diverted from the source of supply until the requirements of the director have been complied with. If the owner of a reservoir located across the bed of a natural stream neglects to install such measuring device after twenty days' notice,  the director may open the sluice gate or outlet of the reservoir and it shall not be closed until the measuring devices are installed. A person violating this subsection shall be punished as provided by section 45-112.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-204 - Prohibition on canal owner to contract to carry water in excess of capacity of canal

45-204.
Prohibition on canal owner to contract to carry water in excess of capacity of canal
A person owning or controlling a canal,  flume or other means for carrying water from a stream or water supply to lands for irrigation of the lands,  shall not contract to carry more water than the canal,  flume or other means is estimated to carry at any one time,  whether the contract is made for measured time or acreage quantity. Such person shall keep the canal,  flume or other means in good repair and condition so that it will carry the full amount of water contracted to be carried or delivered.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-205 - Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability

45-205.
Failure of owner to clean canals and make repairs;  lien for work done;  release of lien;  liability
A. When a person owning or controlling a canal,  flume or other means for carrying water permits them,  or the head gates at the dam or other appliances for securing the water at the head,  to become disrepaired or reduced in capacity to an extent that they will not carry the amount of water contracted to be delivered to the users thereof,  and does not within a reasonable time repair,  clean or restore the canal,  flume or other means of carrying the water,  the users may,  after six days' notice in writing to the owner or person in control thereof,  enter in and upon the canal,  flume or other means,  and make repairs,  clean or restore any thereof.
B. The cost of repairs,  cleaning or restoration shall be a lien on the canal,  flume or other carrying means,  enforceable as liens upon real property. Within thirty days after completion of the repairs,  cleaning or restoration,  a verified notice of the lien claimed,  stating the expenditures actually made,  itemizing the amounts expended and the purpose for which each was expended and stating the facts upon which the lien is claimed,  shall be filed in the office of the county recorder of the county in which the work was done,  and recorded in a book kept by him for that purpose.
C. When any lien established by this section has been satisfied,  the lienholder shall,  within thirty days after satisfaction,  issue a release of the lien to the person against whom the lien was claimed. Such release shall be a recordable document. Failure to grant such a release shall subject the lienholder to liability in the amount of one thousand dollars and also to liability for actual damages.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-206 - Widening and extending lateral ditches; definition

45-206.
Widening and extending lateral ditches;  definition
A. A person owning an interest in common with another person in a lateral ditch constructed and used for irrigating,  mining,  milling or other useful and lawful purpose,  may widen,  deepen,  border up or extend the lateral ditch by paying to his associates,  and to the owner of the land through which the lateral ditch passes,  a just compensation for damages to the land or growing crop occasioned by widening,  deepening,  bordering up or extending the lateral ditch.
B. " Lateral ditch"  as used in this section means a private ditch leading from a main ditch or any of its branches receiving water from a river or original source of supply.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-252 - General adjudication; representation; superior court; assignment to judge; personnel funding; petition

45-252.
General adjudication;  representation;  superior court;  assignment to judge;  personnel funding;  petition
A. One or more water users on a river system and source,  the water rights of which have not been previously adjudicated under this article and administered by the director of water resources,  or this state on the request of any state agency other than the department of water resources may file a petition to have determined in a general adjudication the nature,  extent and relative priority of the water rights of all persons in the river system and source.
B. The attorney general shall represent this state in connection with all water claims asserted by this state. The director shall be represented by legal counsel retained in accordance with section 45-104,  subsection F.
C. The general adjudication shall be brought and maintained in the superior court in the county in which the largest number of potential claimants resides. The clerk of the court in which the petition is filed shall notify the supreme court,  and the supreme court shall assign the general adjudication to a superior court judge and appoint a master and shall consolidate the general adjudication with other pending general adjudications,  if appropriate.
D. The supreme court may appoint additional paralegals and law clerks for the general adjudication. Notwithstanding section 12-128,  the superior court judge,  master,  paralegal and law clerk positions prescribed in this subsection and subsection C of this section shall be fully funded by this state.
E. The petition for a general adjudication shall be captioned: " In re the general adjudication of all rights to use water in the ____________ river system and source"  and shall request that the court determine the nature,  extent and relative priority of the water rights of all persons in the river system and source.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-253 - Service of summons; statement of claimant form; record

45-253.
Service of summons;  statement of claimant form;  record
A. Personal service of the summons and petition shall not be required. The court shall order that:
1. The clerk of the court issue the summons which shall specify the date by which the statement of claimant must be filed,  generally describe the nature of the general adjudication and set forth such other information as may be necessary or desirable in the circumstances. The form of the summons shall be approved by the court.
2. The clerk of the court deliver the summons to the director who shall make such copies and prepare such documents as may be necessary to effect service. The director shall assist the court in determining the scope of adjudication by recommending the portions of the river,  its tributaries and any other relevant sources subject to the adjudication and in development of a statement of claimant form which shall include such duplicates as may be necessary. Upon identifying the potential claimants pursuant to section 45-256,  subsection A,  paragraph 1,  the director shall effect service on all known potential claimants by mailing a copy of the summons by registered or certified mail,  return receipt requested,  to such known potential claimants.
3. When the superior court determines that the services of a master or masters appointed pursuant to section 45-255 are no longer necessary and enters an order terminating the appointment the clerk of the court shall reimburse the director from the fund of fees paid by the claimants pursuant to section 45-254 for funds expended by the director in effecting service of process and any subsequent notices to claimants. Reimbursement shall only be from monies remaining in the fund after payment of the costs and expenses attributable to the appointment of a master or masters in accordance with section 45-255,  subsection B.
B. At the time of commencement of mailing of service of process on known potential claimants,  the director shall effect service on all unknown potential claimants by publication of the summons at least once a week for four consecutive weeks in a newspaper published in each of the counties within which interests in and to the use of water may be affected by the general adjudication.
C. The director shall publicize the general adjudication through the electronic media and in general circulation newspapers.
D. The court shall direct the director:
1. To return the original summons to the clerk of the court with an endorsement of the dates on which mailing and publication were completed.
2. To maintain a true and accurate record of the names and addresses of all persons who have in fact been served by registered mail,  return receipt requested. Any such record,  together with all supporting documents,  shall constitute the records of the court which shall be subject as such to the supervision and control of the court.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-255 - Appointment of master; compensation

45-255.
Appointment of master;  compensation
A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil procedure to report on legal and factual issues designated under a specific order of reference.
B. A master's compensation and other expenses related to the conduct of an adjudication shall be fixed by the court and paid out of the fund of fees paid by the claimants pursuant to section 45-254. If that fund of fees is insufficient,  a master's compensation and other expenses related to the conduct of an adjudication shall be paid from the state general fund as a separate line item appropriation for the superior court.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-259 - Rules governing general adjudications

45-259.
Rules governing general adjudications
The general adjudication is governed in all respects by the Arizona rules of evidence,  the Arizona rules of civil procedure and any other procedural rules generally applicable to civil proceedings,  except that the specific provisions of this article govern if they conflict with the Arizona rules of civil procedure or any other procedural rules generally applicable to civil proceedings. Any proceedings previously initiated under prior law and transferred to the superior court for adjudication are subject to the provisions of this article only after the transfer has been effected.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-260 - General adjudication fund

45-260.
General adjudication fund
A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253,  subsection A,  paragraphs 1 and 2,  and all reimbursements to the director pursuant to section 45-253,  subsection A,  paragraph 3 shall be deposited,  pursuant to sections 35-146 and 35-147,  in such fund.
B. Monies in the general adjudication fund are exempt from the provisions of section 35-190,  relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-261 - Presumption in favor of prior filings and decrees

45-261.
Presumption in favor of prior filings and decrees
A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned,  the director,  the master and the court shall apply the following evidentiary rules in determining the attributes of water rights claimed pursuant to this article:
1. The court shall accept information in an applicable prior decree as prescribed by section 45-257,  subsection B,  paragraph 1.
2. If information in a prior decree conflicts with information in one or more applicable prior filings,  the court shall accept the information in the prior decree as prescribed by section 45-257,  subsection B,  paragraph 1.
3. If there is no information in any applicable prior filing or decree or if the court finds that information contained in an applicable prior filing regarding a water right attribute is clearly erroneous,  the court shall determine the attribute. In making a determination pursuant to this subsection,  the court may use the director's report,  statement of claimant information,  information obtained in claimant interviews,  aerial photographs,  satellite technology,  historical records,  maps,  technical data or other relevant information in evidence.
B. If there is a conflict in applicable prior filings regarding the ownership of a water right and multiple parties have filed applicable statements of claimant,  any claimant may offer that information to support or refute a claim of water right ownership.
C. Section 45-256,  subsections D and E apply to the evidentiary weight given to the following determinations made by the director:
1. That information contained in a prior filing is clearly erroneous as it relates to the water right claim or use being investigated.
2. That no water right was initiated or perfected under the applicable federal,  state or territorial law.
3. That a water right was forfeited or abandoned.
D. The director's report shall contain the basis for determinations made pursuant to subsection D of this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-264 - Joint legislative adjudication monitoring committee

45-264.
Joint legislative adjudication monitoring committee
A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall consist of three members of the senate appointed by the president of the senate,  not more than two of whom shall be members of the same political party,  and of three members of the house of representatives appointed by the speaker of the house of representatives,  not more than two of whom shall be members of the same political party.
B. The committee shall meet periodically and shall conduct hearings and request information from the director as it deems necessary to be apprised of the status of the adjudications. The committee shall report to the president of the senate and the speaker of the house of representatives at least annually on its findings,  and include in that report any recommendations for legislative action it considers necessary to the efficient,  prompt and just conclusion of the adjudications.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-271 - Definition of stockpond

45-271.
Definition of stockpond
In this article,  unless the context otherwise requires,  " stockpond"  means a pond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife. " Stockpond"  shall not include a pond of any capacity used primarily for fishing or for the culturing of fish.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-272 - Water rights in stockponds; priority

45-272.
Water rights in stockponds;  priority
A. The owner of any stockpond constructed after June 12,  1919 and prior to August 27,  1977,  the capacity of which is not in excess of fifteen acre-feet and concerning which water rights litigation or protest to the state land department was not a matter of record prior to August 27,  1977,  shall have a valid water right in such stockpond with priority as of the date of construction and shall be eligible for such evidence of validity as the director may prescribe.
B. All water rights issued pursuant to a permit or certificate issued prior to August 27,  1977 by the state land department or its predecessors or pursuant to an application to appropriate filed with the state land department or its predecessors prior to August 27,  1977,  rights to the use of the mainstream waters of the Colorado river,  rights previously acquired or validated by contract with the United States,  court decree or other adjudication or rights acquired prior to June 12,  1919 and registered pursuant to article 7 of this chapter shall have priority over any water right claimed pursuant to this article.
C. Any person who is claiming a water right pursuant to this article and who fails to file a claim of water right prior to one year after the effective date of this amendment to this section shall have a water right priority as of the date of filing. An existing claim of water right under this article may be amended at any time before the completion of hearings on the claimed right pursuant to section 45-257,  subsection A.
D. Subsequent to August 27,  1977,  no person may construct or cause to be constructed a stockpond of any size unless the director of water resources or his predecessors have approved an application for a permit to appropriate such water filed pursuant to section 45-152.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-273 - Claim of water right; penalty; fee

45-273.
Claim of water right;  penalty;  fee
A. A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and filed in duplicate with the director upon a printed form furnished by the director. Each blank in the form shall be completed with the required information pursuant to instructions furnished by the director.
B. A claim which does not contain the required information or which is not accompanied by the required filing fee shall not be accepted,  but shall be returned to the sender.
C. A separate claim shall be filed for each stockpond.
D. All claims shall be certified as true under penalty of perjury.
E. Each claim shall be accompanied by a filing fee of ten dollars.
F. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received pursuant to this section in the water resources fund established by section 45-117.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-274 - Notice of claims; protest; grounds; contents

45-274.
Notice of claims;  protest;  grounds;  contents
A. The director shall issue and deliver a notice of each claim to water users who,  in the judgment of the director,  might be affected by the use of water as set forth in the claim.
B. Any person affected may,  within the time allowed in the notice or such further time as the director may allow,  file a written protest to the claim. The protesting party shall send a copy of the protest to the claimant.
C. A protest shall state:
1. The name and address of the protesting party.
2. The location of the protesting party's point of diversion of water with respect to the claimant's stockpond.
3. The grounds for protest.
4. That a copy of the protest has been mailed or delivered to the claimant.
D. The grounds for protest are that the claim contains a misstatement of one or more of the following material facts:
1. The date of construction of the stockpond.
2. The capacity of the stockpond on August 27,  1977.
3. The sole purpose for which the stockpond was constructed and is used is watering livestock or wildlife,  except fish.
4. The pond is not used primarily for fishing or culturing of fish.
5. That the stockpond was not the subject of water rights litigation or protest to the state land department prior to August 27,  1977.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-275 - Investigation, hearing and certification of claims

45-275.
Investigation,  hearing and certification of claims
A. Upon receipt of a claim,  the director shall conduct such investigation as in the director's judgment is necessary to certify the water right. Such investigation may include an inspection of the stockpond.
B. When requested by a claimant or the protesting party,  an administrative hearing shall be held to determine any material fact which is in dispute. A hearing may be held on the director's own motion.
C. The director shall issue a certification of the water right if it appears that the material facts stated in the claim are true and entitle the claimant to a water right for the stockpond. The water right shall be subject to all prior rights,  and the certification shall so state.
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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-276 - Statement of continuing use; revocation of certification

45-276.
Statement of continuing use;  revocation of certification
A. Once every five years,  and at such other times as the director deems appropriate,  the director shall require certificate holders to furnish a statement,  under penalty of perjury,  that the stockpond water is continuing to be used solely for watering livestock or wildlife,  that the pond is not used primarily for fishing or the culturing of fish and that the stockpond has not been increased in capacity.
B. The director shall,  after notice to the certificate holder and an opportunity for an administrative hearing,  revoke any certification upon a finding that the water has ceased to be used solely for watering livestock or wildlife,  that the pond is used primarily for fishing or the culturing of fish or that the stockpond has been increased in capacity.
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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-291 - Definition of person

45-291.
Definition of person
In this article,  unless the context otherwise requires,  " person"  means an individual,  public or private corporation,  company,  partnership,  firm,  association,  society,  estate,  trust,  any other private organization or enterprise,  the United States,  any state,  territory or country or a governmental entity,  political subdivision or municipal corporation organized under or subject to the constitution and laws of the United States,  this state or any other state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-293 - Compliance monitoring, reports and notices; jurisdiction

45-293.
Compliance monitoring,  reports and notices;  jurisdiction
A. The director shall monitor compliance with the terms and conditions prescribed for transporting and using the water out of this state and shall revoke his approval for any material violation of the prescribed terms and conditions.
B. A person transporting water under this article shall provide:
1. Written continuing consent for the director or the director's agent to perform on-site inspections of the transportation facilities and the use of the water.
2. Written periodic reports as required by the director.
3. Written notification of any changes in use of water transported from this state.
C. By applying for approval to transport water from this state under this article,  a person submits to the jurisdiction of this state for that purpose and shall comply with all relevant provisions of the law of this state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-311 - Definitions

45-311.
Definitions
In this article,  unless the context otherwise requires:
1. " Commercial,  industrial and public construction"  means buildings used for commercial,  industrial or public purposes,  including restaurants,  bars,  nightclubs,  public buildings,  comfort stations,  schools,  gymnasia,  factories,  offices,  athletic clubs,  hotels and motels.
2. " Person"  means an individual,  public or private corporation,  company,  partnership,  firm,  association,  society,  estate or trust,  any other private organization or enterprise,  the United States,  any state,  territory or country or a governmental entity,  political subdivision or municipal corporation organized under or subject to the constitution and laws of this state.
3. " Plumbing fixture"  means a lavatory faucet,  lavatory faucet replacement aerator,  kitchen faucet,  kitchen faucet replacement aerator,  shower head,  urinal,  water closet,  evaporative cooler or decorative fountain. Plumbing fixture does not include parts necessary for routine maintenance.
4. " PSI"  means pounds per square inch of water pressure.
5. " Residential construction"  or " residential dwelling"  means buildings used for temporary or permanent human habitation,  including single family residences and accessory guest houses,  multi-family dwellings,  townhouses,  condominiums,  apartments,  the sleeping quarters of hotels and motels,  dormitories and group housing units.
6. " Urinal"  means a fixture that consists of a water flushed bowl,  and any associated flush valve,  and that is used for the disposal of human urine.
7. " Water closet"  means a fixture that consists of a water flushed bowl,  and any associated flush valve,  and that is used for the disposal of all wastes from the human body.
8. " Water free urinal"  means a plumbing fixture that does not require a water supply or flushing device to receive and convey only liquid waste through a trap seal and into the gravity drainage system for such function and that meets the requirements of the American society of mechanical engineers (ASME) standard A112.19.2M-95 or the American national standards institute (ANSI) standard Z124.9-94 or any equivalent standard.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-312 - Prohibited plumbing fixtures; residential construction

45-312.
Prohibited plumbing fixtures;  residential construction
Except as provided in sections 45-315 and 45-319,  beginning January 1,  1994,  no person may distribute,  sell,  offer for sale,  import or install any plumbing fixture for use in this state in any new residential construction or for replacing plumbing fixtures in existing residential construction,  unless the fixtures meet the following water saving performance standards:
1. Lavatory faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.
2. Kitchen faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.
3. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.
4. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.
5. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.
6. Evaporative cooling systems and decorative fountains shall be equipped with water recycling or reuse systems.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-313 - Prohibited plumbing fixtures; commercial, industrial and public construction

45-313.
Prohibited plumbing fixtures;  commercial,  industrial and public construction
Except as provided in sections 45-315 and 45-319,  beginning January 1,  1994,  no person may distribute,  sell,  offer for sale,  import or install any plumbing fixtures for use in this state in any new commercial,  industrial or public construction or for replacing plumbing fixtures in existing commercial,  industrial or public construction,  unless the fixtures meet the following water saving performance standards:
1. Lavatory faucets shall be equipped with a mechanism that causes the faucet to close automatically after delivering no more than one-fourth gallon of water or shall be designed to deliver no more than an average of one-half gallon of water per minute at a pressure of eighty PSI.
2. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.
3. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.
4. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.
5. Evaporative cooling systems and decorative fountains shall be equipped with water recycling or reuse systems.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-313.01 - Water free urinals; state buildings

45-313.01.
Water free urinals;  state buildings
Every effort shall be made to install water free urinals in all new state buildings constructed after the effective date of this section that constitute capital projects as defined in section 41-790 and to install water free urinals in existing state buildings. The director of the department of administration shall endeavor to install as many water free urinals in as many state buildings as possible if the director determines that,  given all of the circumstances,  their use is in the best interest of this state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-314 - Labeling fixtures; violation

45-314.
Labeling fixtures;  violation
A. Before sale by any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state,  each plumbing fixture that meets the requirements of this article shall be marked with labels,  on both box and product,  that certify that the fixture complies with this article.
B. The labels required by this section may be removable,  but if a building or plumbing permit is required,  the labels shall not be removed from the fixtures to which they are attached until the fixtures have been installed and inspected by the local authority having building or plumbing code inspection responsibility for the locality in which the fixtures have been installed.
C. A failure to label a fixture pursuant to this section,  or any false or inaccurate labeling of a fixture,  constitutes a separate violation of this article in addition to any violation of the prohibition against nonconforming fixtures in sections 45-312 and 45-313.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-316 - Violation; civil penalties

45-316.
Violation;  civil penalties
A. A person who knowingly violates any provision of this article is subject to a civil penalty of not more than one hundred dollars for the first violation. A person who has previously been found in violation of any provision of this article is subject to a civil penalty of not more than two hundred fifty dollars for a second or any subsequent violation. The distribution,  sale,  offering for sale,  importation or installation in this state of each plumbing fixture that fails to comply with the standards prescribed by this article constitutes a separate violation. Tampering with a fixture that was originally designed to comply with the standards prescribed by this article constitutes a violation. If a violation involves installing a fixture that does not comply with the standards prescribed by this article,  the person who acquired the building or plumbing permit or the person who installed the fixture,  or both,  are subject to the penalties specified in this section.
B. The director,  or a local official designated pursuant to section 9-500.08 or 11-251.09,  shall bring an action to recover penalties under this section in superior court in the county in which the violation occurred,  after a hearing conducted pursuant to section 45-318.
C. This section does not apply to the owner or occupant of a residential dwelling who violates this article in connection with the installation of a plumbing fixture in a residential dwelling occupied by the owner or occupant.
D. Except as provided in sections 9-500.08 and 11-251.09,  all penalties collected under this article shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-317 - Inspections

45-317.
Inspections
The director or the director's authorized representative shall,  during normal business hours,  have access to places where distributors or retailers sell,  store or maintain plumbing fixtures and to unoccupied new residential construction for the purpose of making periodic inspections to determine compliance with this article. New residential construction shall only be inspected prior to issuance of the certificate of occupancy or upon final electrical inspection. Inspections pursuant to this section shall be on reasonable notice to the owner or occupant of the premises to be inspected unless reasonable grounds exist to believe that such notice would frustrate the enforcement of this article. The director may,  and if required by law shall,  apply for and obtain warrants for entry and inspection to carry out the administration and enforcement purposes of this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-318 - Cease and desist order; hearing; injunctive relief

45-318.
Cease and desist order;  hearing;  injunctive relief
A. If the director,  or a local official designated pursuant to section 9-500.08 or 11-251.09,  has reason to believe that a person is violating or has violated this article,  the director or local official may give the person written notice that the person may appear and show cause at an administrative hearing to be held at least thirty days from 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. The decision and order of the director or the local official under subsection A of this section may take such form as the director or local official determines to be reasonable and appropriate and may include a determination of violation,  a cease and desist order,  a 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 superior court in the county in which the violation is alleged to have occurred.
C. If the person continues the violation after the director or local official has issued a final decision and order pursuant to subsection B of this section,  the director or local official 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.
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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-319 - Exception; preemption

45-319.
Exception;  preemption
A. The requirements of this article do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler,  retailer or end user and that is actually located in this state before January 1,  1994.
B. An ordinance adopted by a county,  city or town relating to water conserving low-flow plumbing fixtures is not preempted by this article to the extent that the ordinance sets forth requirements that are at least as restrictive as the requirements of this article or regulates fixtures that are not specified in this article,  but any such ordinance is preempted to the extent that its requirements are less restrictive than the requirements of this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-320 - Rules

45-320.
Rules
The director may adopt any rules that are deemed necessary to carry out the purposes of this article. The director may adopt,  by rule,  lists of plumbing fixtures that satisfy the standards prescribed by this article. The director may also adopt,  by rule,  a list of uses for which plumbing fixtures satisfying the requirements of this article are inappropriate and may exempt such uses from further compliance with those requirements. The director may also amend this list as necessary to reflect advances in technology that allow water conserving plumbing fixtures to be employed for such uses. In adopting any rule defining the type,  design or use of any plumbing fixture regulated under this article,  the director shall give due consideration to the availability and affordability of the fixture and the method of its installation.