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2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2425 - Arizona water banking fund

45-2425.
Arizona water banking fund
A. The Arizona water banking fund is established and shall include subaccounts based on funding sources. The authority shall administer the banking fund in accordance with this chapter.
B. The banking fund consists of all of the following:
1. Monies appropriated from the state general fund by the legislature for water banking purposes other than replenishment under chapter 15,  article 3 of this title.
2. Monies appropriated from the state general fund by the legislature for replenishment under chapter 15,  article 3 of this title.
3. Reimbursement for the distribution of long-term storage credits,  collected by the authority in accordance with section 45-2457,  subsection B,  paragraph 2.
4. Monies paid to the authority by the recipients of in lieu water at a groundwater savings facility,  in accordance with section 45-2455,  subsection C.
5. Monies collected in accordance with section 45-611,  subsection C,  paragraph 3.
6. Monies deposited in the banking fund in accordance with section 48-3715.03,  subsection B.
7. Monies paid to the authority by agencies that have entered into interstate water banking agreements with the authority in accordance with section 45-2471. All monies received through an interstate water banking agreement with the state of Nevada that are not used to purchase or store water or otherwise fulfill contractual obligations with the state of Nevada are subject to legislative appropriation.
8. Monies paid to the authority by persons and Indian communities in this state that have entered into water banking services agreements with the authority in accordance with section 45-2458.
9. Monies deposited in the fund in accordance with section 45-615.01,  subsection G.
C. In addition to the monies prescribed in this section,  the authority may accept any gifts,  grants or donations and deposit those monies in the banking fund.
D. Monies in the banking fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the authority,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the banking fund. The authority may invest the monies paid to the authority in accordance with section 45-2471 with the state treasurer pursuant to section 35-326.
E. The authority may use the banking fund to pay all reasonable expenses incurred in carrying out its duties and responsibilities in accordance with this chapter.
F. The authority shall establish a reserve subaccount in the fund for the deposit of monies to be used for the purposes of article 5 of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2426 - Annual report

45-2426.
Annual report
A. The commission shall make and submit to the governor,  president of the senate and speaker of the house of representatives on or before July 1 of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year.
B. The report shall contain all of the following:
1. An accounting of all monies expended from the banking fund.
2. An accounting of all monies in the banking fund remaining available to the authority.
3. The amount of water stored by the authority.
4. The number of long-term storage credits distributed or extinguished by the authority.
5. The purposes for which long-term storage credits were distributed or extinguished by the authority.
6. A description of the water banking services and interstate water banking to be undertaken by the authority during the following ten year period,  and a projection of the capacity of the authority during that period to undertake those activities in addition to storing Colorado river water brought into the state through the central Arizona project for all of the following purposes:
(a) Protecting this state's municipal and industrial water users against future water shortages on the Colorado river and disruptions of operation of the central Arizona project.
(b) Fulfilling the water management objectives of this state as set forth in chapter 2 of this title.
(c) Making water available to implement the settlement of water rights claims by Indian communities within this state.
7. Any other matter determined by the authority to be relevant to the policy and purposes of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2451 - First year banking program

45-2451.
First year banking program
By July 1,  1997,  the authority shall have used its best efforts to store pursuant to this chapter a minimum of one hundred thousand acre-feet of Colorado river water in this state. The annual report of the authority to the governor,  the president of the senate and the speaker of the house of representatives due on August 1,  1997 shall report the amount of water stored since the effective date of this chapter and if one hundred thousand acre-feet of water have not been stored,  the reasons why this goal has not been achieved.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2452 - Storage facility inventory

45-2452.
Storage facility inventory
A. By March 1,  1997,  the authority shall prepare and assess an inventory of existing storage facilities in this state to determine whether existing storage facilities are available to meet the authority's needs for the following ten years. The authority shall give special consideration to storage facilities constructed with monies from the state water storage fund,  established pursuant to section 45-897.01. The inventory shall identify the location and capacity of each storage facility and the feasibility of the authority storing water at the identified facilities.
B. In assessing the inventory,  the authority shall consult with the department of water resources to determine whether storage by the authority at each storage facility identified in the inventory as a potential storage facility to be used by the authority promotes the water management objectives set forth in chapter 2 of this title.
C. In assessing the inventory,  the authority shall consult with CAWCD to determine whether central Arizona project water delivery and storage are feasible at each storage facility identified in the inventory as a potential storage facility to be used by the authority.
D. Based on the consultations with the department of water resources and the CAWCD and any other relevant factors,  the authority shall determine whether storage facilities exist in this state to meet the water storage needs of the authority for the following ten years. In making this determination,  the authority shall maximize to the extent feasible storage facilities constructed with monies from the state water storage fund,  established pursuant to section 45-897.01.
E. The authority shall adopt the storage facility inventory if the authority determines that all of the following apply to the storage facility inventory:
1. It represents an accurate inventory of storage facilities in this state.
2. It accurately identifies those storage facilities that are available for the authority's use.
3. It accurately determines whether additional storage facilities are needed for the authority's use during the following ten years.
F. The authority shall subsequently update the storage facility inventory at least once every five years.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2454 - Implementation of storage facilities plan

45-2454.
Implementation of storage facilities plan
A. The authority shall implement an adopted plan for additional storage facilities.
B. To facilitate the development or construction of additional storage facilities required by a plan,  the authority shall solicit proposals from CAWCD and other entities willing to undertake the development or construction of those storage facilities. The authority may negotiate and enter into water storage agreements in accordance with section 45-2455 with CAWCD and other entities that submit proposals acceptable to the authority.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2455 - Water storage agreements; groundwater savings facilities

45-2455.
Water storage agreements;  groundwater savings facilities
A. The authority may not own,  develop,  operate or construct storage facilities but may enter into contracts to reserve storage capacity at storage facilities and may pay reasonable compensation for those reservations.
B. The authority may enter into agreements with storage facility permit holders to store water at storage facilities and may pay reasonable compensation for the costs associated with operating and maintaining a storage facility to the extent that the storage facility is used to store water for the purposes of the authority.
C. To store water at a groundwater savings facility,  the authority may enter into agreements that require the recipients of in lieu water to pay to the authority all or part of the cost of providing the in lieu water to the recipients.
D. Agreements entered into under this section shall not impede the ability of the CAWCD to meet the obligations of its central Arizona project water service contracts and subcontracts.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2457.01 - Exchange of long-term storage credits; limitations; fees

45-2457.01.
Exchange of long-term storage credits;  limitations;  fees
A. On or before December 31,  2019,  the authority may enter into agreements to exchange long-term storage credits accrued or purchased in one active management area with monies collected pursuant to section 45-611,  subsection C,  paragraph 3 for long-term storage credits held by other persons in another active management area,  on request of the director,  if the director determines both of the following:
1. The exchange is beneficial to water management in this state.
2. The exchange will not substantially impair the authority's ability to meet its firming obligation under section 45-2491.
B. The term of any agreement entered into pursuant to subsection A of this section shall not extend beyond December 31,  2026.
C. Notwithstanding section 45-2457,  subsection B,  paragraph 6,  the authority may distribute or extinguish long-term storage credits obtained by exchange pursuant to subsection A of this section for any purpose otherwise authorized under section 45-2457,  subsection B,  paragraph 6 for the benefit of any active management area.
D. An exchange of long-term storage credits pursuant to subsection A of this section is exempt from any fee established by the department of water resources for an assignment of long-term storage credits pursuant to section 45-854.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2472 - Distribution of long-term storage credits

45-2472.
Distribution of long-term storage credits
A. The authority may distribute long-term storage credits accrued through the use of monies paid by California and Nevada agencies pursuant to interstate banking agreements to CAWCD or other users of Colorado river water in this state,  if both of the following apply:
1. CAWCD or other water user agrees to use the long-term storage credits to replace diversions that otherwise would have been made from the Colorado river.
2. CAWCD or other water user agrees to reduce its diversion of Colorado river water in years in which the authority is obligated to recover stored water on behalf of a California or Nevada agency in an amount equivalent to the long-term storage credits distributed.
B. The authority may pay from the monies collected from the California or Nevada agency in the banking fund to CAWCD or other users of Colorado river water that have agreed to reduce diversions from the Colorado river in accordance with subsection A the amount necessary to compensate CAWCD or other water user for increased costs incurred in recovering and using the stored water in place of diverting Colorado river water.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2473 - Arizona water banking authority; interstate water banking; accounting

45-2473.
Arizona water banking authority;  interstate water banking;  accounting
(Conditionally Rpld.)
A. For each year during which the Arizona water banking authority is owed or receives monies pursuant to an interstate water banking agreement with the state of Nevada,  or any agency or political subdivision of the state of Nevada,  including the southern Nevada water authority,  the Arizona water banking authority shall provide a full report to the joint legislative budget committee that accounts for all of the monies received through the interstate water banking agreement and shall account for all disbursements made with those monies,  including monies used to purchase or store water or otherwise fulfill contractual obligations with the state of Nevada under that agreement. The Arizona water banking authority shall include in these reports any prepaid monies to the central Arizona project,  any monies received under the agreement that are placed in an account with the state treasurer and any contract that obligates the Arizona water banking authority to pay or disburse these monies to any other entity,  including the central Arizona project.
B. The Arizona water banking authority shall submit the report prescribed in subsection A of this section to the joint legislative budget committee on or before October 1 following the fiscal year for which the report is made.
C. Pursuant to section 35-115,  the budget request for the department of water resources shall include a separate accounting of the Nevada interstate water banking subaccount. This information shall appear in the same format and detail as required for the Arizona water banking fund.
D. The Arizona water banking authority shall not spend,  encumber,  lend or in any other way use the monies received pursuant to the interstate water banking agreement except to pay the costs directly incurred in meeting the Arizona water banking authority s obligations pursuant to the agreement and section 45-2425.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2491 - State commitments to firm Indian settlement water

45-2491.
State commitments to firm Indian settlement water
A. The authority shall act as agent for this state in meeting this state's obligation to deliver water in times of shortage pursuant to Public Law 108-451,  fulfilling the requirements of sections 105,  207(c)(I)(ii) and 302(b)(8),  and the Indian firming measures established pursuant to this article. In carrying out this obligation the authority may:
1. Store water at permitted recharge facilities for the purpose of Indian firming.
2. Purchase long-term storage credits for the purpose of Indian firming using the funding sources identified in subsection B of this section but only after the authority has stored or scheduled for storage all available excess central Arizona project water or when central Arizona project water is otherwise unavailable or undeliverable.
3. Enter into contracts or agreements with the United States and Indian communities for storage,  recovery or direct delivery of water for Indian firming.
4. Enter into leasing agreements with one or more Indian communities in partnership with other entities for non-Indian agricultural priority or Indian priority central Arizona project water.
5. Enter into contracts for the use of water sources including Colorado river water,  surface water other than Colorado river water and effluent.
6. Enter into contracts with eligible entities for the use of imported groundwater from allowable groundwater basins pursuant to sections 45-552,  45-553 and 45-554 for the purposes of Indian firming.
7. Enter into agreements with a multi-county water conservation district established pursuant to title 48,  chapter 22 for delivery of water to Indian communities.
8. Subject to periodic review of progress toward meeting this state s Indian firming obligation,  allow for the use of existing long-term storage credits developed from withdrawal fees collected pursuant to section 45-611,  subsection C,  paragraph 3.
9. Transfer long-term storage credits to a multi-county water conservation district established pursuant to title 48,  chapter 22 for recovery and subsequent delivery to Indian communities in times of shortage.
10. Enter into agreements for the recovery of long-term storage credits for purposes of Indian firming.
B. Indian firming measures established pursuant to this article shall include funding from the following sources:
1. Legislative appropriations provided for Indian firming on an annual basis to carry out Indian firming measures.
2. To the extent necessary to carry out Indian firming measures after expenditure of legislative appropriations,  the authority may use withdrawal fees collected from the Phoenix,  Pinal and Tucson active management area water management accounts.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2603 - Establishment of Gila river maintenance area and Gila river maintenance area impact zone; notice of intention to drill

45-2603.
Establishment of Gila river maintenance area and Gila river maintenance area impact zone;  notice of intention to drill
A. The Gila river maintenance area is established on the effective date of this section. The boundaries of the Gila river maintenance area are shown on the map that is dated July,  2002 and that is on file in the department. The map shall be available for examination by the public during regular business hours.
B. The Gila river maintenance area impact zone is established on the effective date of this section. The boundaries of the Gila river maintenance area impact zone are shown on the map that is dated July,  2002 and that is on file in the department.
C. If a proposed well will withdraw water within the Gila river maintenance area impact zone established under subsection B of this section,  as determined pursuant to section 45-2641,  subsection A,  and the water will be used to irrigate lands within the Gila river maintenance area established under subsection A of this section and outside of Cochise county,  the notice of intention to drill filed pursuant to section 45-596 shall include one of the following:
1. Proof that the lands to be irrigated were irrigated with water from any source at any time from January 1,  2000 through the effective date of this section.
2. Proof that the irrigation is allowed under the exemptions prescribed in section 45-2641,  subsection B,  paragraph 1,  2 or 4.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2604 - Conservation requirements for persons using groundwater in central protection zone no less restrictive than in third management plan

45-2604.
Conservation requirements for persons using groundwater in central protection zone no less restrictive than in third management plan
Notwithstanding any other law,  beginning on the effective date of this section,  when adopting or modifying a management plan for the Pinal active management area pursuant to chapter 2,  article 9 of this title,  the conservation requirements adopted by the director for persons using groundwater within the central protection zone shall be no less restrictive than the conservation requirements for persons using groundwater within the central protection zone as established in the management plan for the Pinal active management area for the third management period in effect on January 1,  2005 or as adjusted after that date as a result of judicial review or administrative review pursuant to section 45-570 or 45-575.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2621 - Definitions

45-2621.
Definitions
In this article,  unless the context otherwise requires:
1. " Authority"  means the Arizona water banking authority established by section 45-2421 or its successor.
2. " Community's account"  means the account established for the community in the southside replenishment bank pursuant to section 45-2624.
3. " Industrial acre"  means the acre or acres in an eastern protection zone or in the western municipal and industrial protection zone on which water is used for an industrial use and for which the water use is reported to the director under section 45-632,  45-875.01 or 45-2602.
4. " Southside replenishment obligation"  means a replenishment obligation calculated under section 45-2622.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2624 - Southside replenishment bank; credits

45-2624.
Southside replenishment bank;  credits
A. The southside replenishment bank is established as a separate bank in the records of the authority. The authority shall establish an account in the southside replenishment bank for the community.
B. Beginning with the first calendar year in which this section becomes effective,  the authority shall annually deliver to the community in the manner provided in subsection D of this section,  and at no cost to the community,  not less than one thousand acre-feet of water acquired by the authority under chapter 14 of this title until the community's account has a credit balance of fifteen thousand acre-feet. The authority shall register one credit to the community's account for each acre-foot of water delivered to the community under this subsection.
C. If any debit registered to the southside replenishment bank under section 45-2623,  subsection C,  paragraph 4 causes the community s account to have a credit balance of less than five thousand acre-feet,  the authority shall deliver water to the community in the manner provided in subsection D of this section in an amount sufficient to bring the balance up to at least five thousand acre-feet by the end of the calendar year.
D. The authority shall enter into an intergovernmental agreement with the community pursuant to title 11,  chapter 7,  article 3,  which shall describe in detail the procedures for the delivery of water to the community under this section,  including the method by which the community will schedule and order water that the authority is required to deliver to the community under subsections B and C of this section. The procedures shall not require the authority to deliver in any month more than eleven per cent of the water required to be delivered during a year under subsection B of this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2625 - Replenishment related to transportation of underground water or stored water away from an eastern protection zone or a western protection zone for nonirrigation use

45-2625.
Replenishment related to transportation of underground water or stored water away from an eastern protection zone or a western protection zone for nonirrigation use
If a person transporting underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use elects to replenish the underground water or stored water so that the transportation qualifies as an authorized transportation under section 45-2611,  subsection B,  paragraph 2,  the person shall replenish the water by performing one or both of the following replenishment activities in an amount equivalent to the amount of water transported:
1. Pay the authority an amount of money sufficient to allow the authority to credit the community s account by delivering water to the community in accordance with the delivery procedures set forth in the intergovernmental agreement described in section 45-2624,  subsection D. Any credits registered to the community s account under this paragraph shall not be used to meet the authority s requirement to deliver water to the community under section 45-2624,  subsection B or C.
2. Replenish water in any manner that is approved in writing by the community and that is not prohibited under this title.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2631 - Construction or enlargement of new dams within maintenance area; prohibited; exceptions

45-2631.
Construction or enlargement of new dams within maintenance area;  prohibited;  exceptions
A. Beginning on the effective date of this section,  a person shall not construct a new dam or enlarge an existing dam within the Gila river maintenance area,  and the director shall not issue a permit under chapter 6 of this title to construct a new dam or enlarge an existing dam within the Gila river maintenance area.
B. This section does not apply to:
1. The construction or enlargement of any of the following:
(a) Flood control structures.
(b) Structures for impounding mine tailings.
(c) Impoundments within hardrock mines or industrial facilities,  or both,  for environmental control or process management purposes.
(d) Impoundments for diverting surface water flows around hardrock mines or industrial facilities,  or both.
(e) Groundwater impoundments.
(f) Effluent impoundments.
(g) Stockponds.
(h) Impoundments that may be constructed to store water otherwise authorized to be used by a party to the settlement agreement.
(i) Dams used to divert or store water that is decreed water under the globe equity decree.
2. The construction of a dam that replaces a dam in existence within the Gila river maintenance area on the effective date of this section if the replacement dam is in close proximity to the original dam and the designed storage capacity of the replacement dam does not exceed the designed storage capacity of the original dam.
3. The enlargement of a dam within the Gila river maintenance area if the enlargement does not increase the designed storage capacity of the dam.
4. The modification or repair of a dam within the Gila river maintenance area as necessary to comply with the dam safety requirements in chapter 6 of this title and any rules adopted by the director under that chapter,  if the modification or repair does not increase the designed storage capacity of the dam. For the purposes of this paragraph,  " modification or repair of a dam"  includes the desilting,  lining or rehabilitation of a dam.
C. The director shall not approve an application under section 45-1207 for construction or enlargement of a dam in the Gila river maintenance area established under section 45-2603 if the applicant is prohibited from constructing or enlarging the dam,  as applicable,  under this section.
D. Any violations of this article are subject to enforcement under article 6 of this chapter on the effective date of article 6 of this chapter,  and such enforcement may include injunctive relief that requires removal of any structures constructed in violation of this article. Any delay between the date of the alleged violation of this article and the date of any enforcement action pursuant to article 6 of this chapter shall not be a factor in determining whether to issue an injunction pursuant to article 6 of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2641 - Irrigation of new lands in Gila river maintenance area with water withdrawn or diverted from Gila river maintenance area impact zone prohibited; exception

45-2641.
Irrigation of new lands in Gila river maintenance area with water withdrawn or diverted from Gila river maintenance area impact zone prohibited;  exception
A. Except as provided in subsection B of this section,  a person shall not use water withdrawn or diverted within the Gila river maintenance area impact zone to irrigate land within the Gila river maintenance area unless the land was irrigated with water from any source at any time from January 1,  2000 through the effective date of this section. For the purposes of this section,  water is withdrawn or diverted within the Gila river maintenance area impact zone if one of the following applies:
1. The water is withdrawn from a well located within the Gila river maintenance area impact zone.
2. The water is surface water diverted on the surface at a location within the Gila river maintenance area impact zone.
3. The water is withdrawn by a well located outside of the Gila river maintenance area impact zone and the well s cone of depression captures surface water within the Gila river maintenance area impact zone as determined by a cone of depression test adopted by the superior court with jurisdiction over the general adjudication of all rights to use water in the Gila river system and source.
B. This section does not apply to:
1. The irrigation of lands pursuant to an appropriative right with a priority date earlier than the effective date of this section and the irrigation of lands to which the right is severed and transferred.
2. The irrigation of lands if the irrigation is allowed under the settlement agreement.
3. The irrigation of lands within the portion of the Gila river maintenance area located in Cochise county.
4. The irrigation of lands if the irrigation is allowed under the globe equity decree or under other rights decreed before the effective date of this section and the irrigation of lands to which the right is severed and transferred.
C. Any violations of this article are subject to enforcement under article 6 of this chapter on the effective date of article 6 of this chapter,  and such enforcement may include injunctive relief that requires removal of any structures constructed in violation of this article. Any delay between the date of the alleged violation of this article and the date of any enforcement action pursuant to article 6 of this chapter shall not be a factor in determining whether to issue an injunction pursuant to article 6 of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2651 - Inspections, investigations and audits

45-2651.
Inspections,  investigations and audits
A. The director or the director's authorized representative may enter,  at reasonable times,  private or public property and the owner,  manager or occupant of the property shall permit the entry to ascertain compliance with this chapter.
B. Inspections and investigations under subsection A shall be on reasonable notice to the owner,  manager or occupant of the property unless reasonable grounds exist to believe that such notice would frustrate the enforcement of this chapter. The director may apply for and obtain warrants. If warrants are required by law,  the director shall apply for and obtain warrants for entry and inspection to carry out the administrative and enforcement purposes of this article.
C. The director shall provide a written report of each inspection,  investigation and audit under this section to the person who is subject to the action.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2652 - Cease and desist order; hearing; injunctive relief

45-2652.
Cease and desist order;  hearing;  injunctive relief
A. If the director has reason to believe that a person is violating or has violated this chapter or an order issued pursuant to this chapter,  the director may give the person written notice that the person may appear and show cause at an administrative hearing in the county in which the violation is alleged to have occurred why the person should not be ordered to cease and desist from the violation.
B. The decision and order of the director under 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.
C. If the person continues the violation after the director has issued a final decision and 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 in the county in which the violation is alleged to have occurred 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 › § 45-2653 - Violation; civil penalties

45-2653.
Violation;  civil penalties
A. A person who is determined pursuant to section 45-2652 to be in violation of this chapter or an order issued pursuant to this chapter may be assessed a civil penalty in an amount not exceeding one thousand dollars per day of violation.
B. An action to recover penalties under this section shall be brought by the director in the superior court in the county in which the violation occurred.
C. In determining the amount of the penalty,  the court shall consider the degree of harm caused by the violation,  whether the violation was knowing or wilfull,  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 civil penalties assessed pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2654 - Violation; classification

45-2654.
Violation;  classification
Unless otherwise provided,  a person who knowingly violates or refuses to comply with this chapter or an order issued pursuant to this chapter is guilty of a class 2 misdemeanor. A person who,  after notice of a violation,  continues in violation of this chapter or an order issued pursuant to this chapter is guilty of a separate offense for each day of violation.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2701 - Definitions

45-2701.
Definitions
Unless the context otherwise requires,  the terms defined in sections 45-402 and 45-802.01 have the same meaning in this chapter and for the purposes of this chapter:
1. " Exempt well"  means a well that qualifies as an exempt well under section 45-454 in effect on January 1,  2005.
2. " Nation"  means the Tohono O'odham nation organized under a constitution approved in accordance with section 16 of the act of June 18,  1934 (25 United States Code section 476).
3. " Nonexempt well"  means any well,  including a recovery well,  that does not qualify as an exempt well or a replacement well.
4. " Replacement well"  means a well that qualifies as a replacement well at approximately the same location under the rules adopted by the director pursuant to section 45-579,  subsection B and that is no more than six hundred sixty feet from the well it is replacing.
5. " Reservation"  means the San Xavier Indian reservation established by executive order of July 1,  1874.
6. " Tohono O'odham settlement agreement"  means the agreement dated April 30,  2003 between the nation,  this state and other parties,  as amended before the effective date of this section,  a copy of which is on file in the department.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2702 - Jurisdiction

45-2702.
Jurisdiction
The superior court that has jurisdiction over the general adjudication of all rights to use water in the Gila river system and source has jurisdiction over all civil actions relating to the interpretation and enforcement of all of the following:
1. Title III of the Arizona water settlements act (P.L. 108-451),  including sections 312(d) and 312(h).
2. The Tohono O'odham settlement agreement.
3. The groundwater protection program established pursuant to article 2 of this chapter.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-132 - Special services unit

46-132.
Special services unit
A. There shall be a special services unit in the department of economic security.
B. The supervisor of the special services unit shall be qualified with appropriate investigative or legal background. He shall be responsible to the director for the following:
1. Performing such special investigating duties in any county in the state as may be assigned.
2. Assist in preparing criminal charges involving fraud and theft against the department.
3. Establish liaison with the various law enforcement agencies.
4. Other related duties and responsibilities as may be assigned.
C. The supervisor of the special services unit of the department may employ investigators who are peace officers to discharge the duties prescribed in this section.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-132.01 - Depositions; attendance of witnesses; production of papers

46-132.01.
Depositions;  attendance of witnesses;  production of papers
In the discharge of the duties imposed by section 46-132,  the supervisor of the special services unit or a duly authorized representative of the unit may take depositions and issue subpoenas to compel the attendance of witnesses and the production of books,  papers,  correspondence,  memoranda and other records necessary to complete investigations.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-133 - Duties of attorney general

46-133.
Duties of attorney general
A. The attorney general shall be the legal adviser of the department.
B. The attorney general shall prosecute and defend in the name of the state all actions necessary to enforce the provisions of this title. Upon request of the state department,  the attorney general shall designate for such time and purposes as the state department requires,  a prosecution unit of at least one assistant attorney general which shall be primarily assigned to prosecution of violations of this title.
C. Upon request of the state department the attorney general shall designate for such time and purposes as the state department requires,  an attorney for the department whose compensation shall be determined pursuant to section 38-611 and which shall be a charge against the administration fund.
D. The appropriate county attorney shall have jurisdiction to prosecute and enforce all actions arising under the child support enforcement programs as authorized by title IV of the social security act,  except that the attorney general shall have concurrent jurisdiction in any county where the county attorney refuses to prosecute and enforce the actions referred to in this subsection.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-136 - Powers of state department regarding work projects for unemployed persons

46-136.
Powers of state department regarding work projects for unemployed persons
A. The state department may institute work projects for the employment of needy unemployed persons being granted public assistance. The nature of the work projects shall be determined by the state department and the governing body of the county,  municipal government or school district involved to be projects necessary and desirable to the community including projects designed to improve health and public safety. County or municipal governments,  including school districts,  shall cooperate in such projects by furnishing supervision,  transportation and payment of industrial commission insurance.
B. The state department shall act as the official agency for the state in any social welfare activity initiated by the federal government and shall administer state funds appropriated or made available for the relief of dependent persons,  except as otherwise provided by law.
C. The state department shall expend from any amounts otherwise available by law amounts that,  in the discretion of the director,  are determined necessary for such purpose in conjunction with any agency or department of the federal government for the purpose of receiving and distributing food stamps offered to public welfare agencies for needy persons. The amount so determined may be expended by the department in payment of expenses necessarily incurred by reason of the receipt or distribution of such food stamps.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-137 - Administrative expenses

46-137.
Administrative expenses
A. Administrative expenses shall be paid from funds made available for that purpose by the legislature or by the federal government or any of its agencies. Federal grants for research,  demonstration projects,  or training,  or older Americans' act administration may be used in addition to the appropriation.
B. In this section,  " administrative expenses"  does not include:
1. Grants in cash or kind to or for the benefit of needy persons.
2. Cost of providing shelter and subsistence for needy persons.
3. Cost of distributing food stamps,  except as necessary in claiming any federal reimbursement.
4. Cost of sponsoring work relief projects,  except as necessary in claiming any federal reimbursement.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-138 - Expenditures for public welfare

46-138.
Expenditures for public welfare
The total amount which may be expended in any fiscal year by the state department for each of the objects and purposes provided by this title shall in no event exceed the amount appropriated in the general appropriation bill for each such object or purpose and any monies granted by the federal government for such object or purpose,  together with additional amounts appropriated therefor by any special legislative appropriation bill. If at the end of a fiscal year there is an unencumbered balance of the appropriation for such fiscal year made to the state department for any such object or purpose,  the balance shall be deemed to consist exclusively of such monies.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-138.01 - Public assistance and administration revolving fund

46-138.01.
Public assistance and administration revolving fund
A. There is created the permanent public assistance and administration revolving fund in the amount of four hundred thousand dollars for use of the state department for the purpose of disbursing:
1. Initial public assistance payments to those individuals and families newly certified as eligible for one or more public assistance programs contained in this title.
2. Refunds for federal food stamp coupons.
3. Replacements of lost or stolen state warrants or revolving fund payments.
4. Reimbursements for federal food stamp job search clients.
5. Immediate outlays for postage,  C.O.D. packages,  supplies,  travel or other miscellaneous and minor items. No check shall be drawn against the fund unless state or federal funds are available at the time for reimbursing the fund as provided for in subsection C.
B. The fund shall be deposited in a bank checking account in a bank and shall be secured by collateral in the same manner as are state monies. No check drawn against the fund shall be paid unless presented to the bank for payment within ninety days after the date on which it was issued which shall be stated on the face of each check.
C. The director of the department of administration from time to time at the request of the state department shall reimburse the fund for amounts paid for the purposes set forth in subsection A from state appropriated and federal funds respectively available for payment for such purposes. Such reimbursements shall be based upon checks drawn against the fund rather than checks paid by the bank.
D. The manner of accounting for the fund and all procedures relating to disbursement of money from the fund shall be subject to the approval of the department of administration.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-138.02 - Duplicate checks; notice; form and effect

46-138.02.
Duplicate checks;  notice;  form and effect
A. When it appears to the satisfaction of the director of the department of economic security by affidavit or otherwise that any check drawn against the revolving fund has been lost or destroyed prior to payment and there is no reasonable probability of its being found or presented,  or that a check has not been presented for payment within the time specified on the face thereof,  the director may issue a duplicate of such lost,  destroyed or out-of-date check. Before issuing such duplicate check the director shall send a written stop payment notice to the bank giving the number,  amount and date of the original check,  the payee and the fund on which drawn.
B. The duplicate check issued shall be plainly stamped or marked so that its character may be readily and easily ascertained.
C. The duplicate check issued under authority of this section shall constitute full and sufficient authority to the bank for the disbursement of public monies in the amount set forth on the duplicate checks.
D. The bank shall not pay any check on which a stop payment notice has been made unless the director has released the stop payment notice in writing.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-140 - Duty of employees to report violations; penalties for failure to do so

46-140.
Duty of employees to report violations;  penalties for failure to do so
A. When a person employed under this title interviews or consults an applicant for or recipient of assistance or services authorized by this title,  and is informed that the applicant or recipient has by mistake,  by withholding facts,  or in any other manner,  violated or attempted to violate,  knowingly or unknowingly,  any provision of this title which resulted in,  or if undiscovered,  would have resulted in the applicant or recipient receiving assistance or service or in receiving more assistance or service than the applicant or recipient would have been otherwise entitled to receive,  the employee interviewing or consulting with such applicant or recipient shall promptly make a complete written report of the information to the state department.
B. Failure of the employee to make the report required by subsection A,  or failure of the supervisor of such employee,  if aware of such fact,  to direct the employee to make the report,  constitutes cause for immediate dismissal from the department or prosecution of such employee and supervisor.
C. Any employee who fails to make the written report or any supervisor who,  knowing of such failure to report,  fails to direct the employee to report is guilty of a misdemeanor.
2023 Arizona Revised Statutes › Title 46 - Welfare › § 46-140.01 - Verifying applicants for public benefits; violation; classification; citizen suits

46-140.01.
Verifying applicants for public benefits;  violation;  classification;  citizen suits
(Caution: 1998 Prop. 105 applies.)
A. An agency of this state and all of its political subdivisions,  including local governments,  that are responsible for the administration of state and local public benefits that are not federally mandated shall do all of the following:
1. Verify the identity of each applicant for those benefits and verify that the applicant is eligible for benefits as prescribed by this section.
2. Provide any other employee of this state or any of its political subdivisions with information to verify the immigration status of any applicant for those benefits and assist the employee in obtaining that information from federal immigration authorities.
3. Refuse to accept any identification card issued by the state or any political subdivision of this state,  including a driver license,  to establish identity or determine eligibility for those benefits unless the issuing authority has verified the immigration status of the applicant.
4. Require all employees of the state and its political subdivisions to make a written report to federal immigration authorities for any violation of federal immigration law by any applicant for benefits and that is discovered by the employee.
B. Failure to report discovered violations of federal immigration law by an employee is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report,  the supervisor is guilty of a class 2 misdemeanor.
C. This section shall be enforced without regard to race,  religion,  gender,  ethnicity or national origin. Any person who is a resident of this state shall have standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section,  including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceeding pending in the court.