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2023 Arizona Revised Statutes › Title 45 - Waters › § 45-574 - Variances; application; notice; hearing; issuance

45-574.
Variances;  application;  notice;  hearing;  issuance
A. A person who requires additional time to comply with an irrigation water duty or conservation requirement established pursuant to section 45-565,  45-566,  45-566.01,  45-567,  45-567.01,  45-568 or 45-568.01 may apply to the director for a variance from the water duty or requirement within ninety days from the date of notice of the water duty or requirement. The application shall include the following:
1. The name and mailing address of the applicant.
2. The name of the active management area in which the use is located.
3. The amount of groundwater currently being withdrawn annually by the person.
4. The irrigation water duty or conservation requirement from which the variance is sought.
5. A general description of the economic circumstances preventing timely compliance with the irrigation water duty or conservation requirement and any information relevant to such circumstances.
6. The sworn statement that the information contained in the application is true and correct to the best belief and knowledge of the applicant.
7. Such other information as the director may require.
B. The director shall give written notice to the applicant of the opportunity for an administrative hearing. An administrative hearing shall be held before the director's decision on the application if the director deems a hearing necessary or a hearing is requested by the applicant.
C. The director may grant a variance upon a showing of compelling economic circumstances. The variance shall specify:
1. The amount of groundwater which may be withdrawn by the person during the variance period,  or a schedule of intermediate water duties or conservation requirements to be reached at specified intervals during the variance period.
2. The duration of the variance,  which may not exceed five years from the date of the director's final determination of the variance.
D. A party aggrieved by the director's decision 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 irrigated land or non-irrigation use is located.
E. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held,  it shall be conducted in the active management area in which the use is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-575 - Administrative review of irrigation water duty and conservation requirements

45-575.
Administrative review of irrigation water duty and conservation requirements
A. Any aggrieved party may request an administrative review of an irrigation water duty or conservation requirement established pursuant to section 45-565,  45-566,  45-566.01,  45-567,  45-567.01,  45-568 or 45-568.01. Except as provided in subsection B of this section,  the request must be made not later than ninety days from the date of notice of such duty or requirement given thirty days after the adoption of the management plan or if the notice was given pursuant to section 45-566.01,  subsection E or 45-571.02,  subsection B,  not later than ninety days from the date of the notice.
B. An aggrieved person who claims that extraordinary circumstances not in existence as of the date of notice that was given thirty days after adoption of the management plan justify modification of an irrigation water duty or conservation requirement established pursuant to section 45-565,  45-566,  45-566.01,  45-567,  45-567.01,  45-568 or 45-568.01 may request administrative review of the water duty or conservation requirement more than ninety days from the date of notice of the water duty or conservation requirement. The director may modify the water duty or conservation requirement if the aggrieved person demonstrates to the director by clear and convincing evidence that extraordinary circumstances not in existence as of the date of the notice that was given thirty days after adoption of the management plan make it unreasonable to require compliance with a water duty or conservation requirement.
C. The director shall give written notice to the aggrieved party who is requesting an administrative review of the opportunity for an administrative hearing. An administrative hearing shall be held before the director's decision on the application if the director deems a hearing necessary or a hearing is requested by the applicant.
D. A party aggrieved by the director's decision 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 irrigated land or the non-irrigation use is located.
E. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held,  it shall be conducted in the active management area in which the use is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-576.01 - Determining consistency with management goal in a replenishment district, conservation district and water district

45-576.01.
Determining consistency with management goal in a replenishment district,  conservation district and water district
A. For the purpose of determining whether an assured water supply exists,  the director shall find that a groundwater replenishment district member's projected use is consistent with achieving the management goal for the active management area under section 45-576 if:
1. The land for which a certificate or the city,  town or private water company for which a designation is sought is in a groundwater replenishment district established pursuant to title 48,  chapter 27.
2. The director has made either a preliminary determination that has not expired or a final determination that the district's plan for operation is consistent with achieving the management goal according to section 45-576.03,  subsection E.
3. The master replenishment account established pursuant to section 45-858.01 does not have a debit balance that exceeds the cumulative amount of the district's debits accrued during the four preceding calendar years.
B. For the purpose of determining whether an assured water supply exists,  the director shall find that a projected use is consistent with achieving the management goal for the active management area under section 45-576 if all of the following apply:
1. The land for which a certificate is sought is a member land,  or the service area of a city,  town or private water company for which a designation is sought is a member service area,  in a conservation district as provided by title 48,  chapter 22,  article 4,  or the land for which a certificate is sought is a water district member land,  or the service area for which a designation is sought is a water district member service area in a water district as provided by title 48,  chapter 28,  article 7.
2. The director's most recent determination pursuant to section 45-576.03,  subsection M,  O or R that the plan for operation submitted by the conservation district or water district is consistent with achieving the management goal for the active management area in which the use is located has not expired.
3. The conservation district or the water district,  whichever is obligated to replenish groundwater on behalf of the land for which a certificate is sought or the service area of a city,  town or private water company for which a designation is sought,  is currently in compliance with its groundwater replenishment obligation for the active management area in which the use is located,  as determined by the director pursuant to section 45-859.01 or 45-860.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-576.05 - Alternative method for determining consistency with the management goal in a groundwater replenishment district; terminating designation

45-576.05.
Alternative method for determining consistency with the management goal in a groundwater replenishment district;  terminating designation
A. If at any time after January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan under section 45-576.02,  subsection A,  paragraph 1 the director determines that one or more of the conditions prescribed in section 45-576.01,  subsection A,  paragraphs 2 and 3 are not met and for as long as the condition or conditions are not met,  the director shall consider only the groundwater replenishment district member's projected supplies of surface water,  effluent or groundwater withdrawn outside the active management area in which the district member is located and the amount in a long-term storage account established pursuant to section 45-852.01 in making a determination of whether the district member's projected water use is consistent with the management goal of the active management area under section 45-576.
B. If a groundwater replenishment district member is a municipal provider that was designated as having an assured water supply,  and the director determines that one or more of the conditions prescribed by section 45-576.01,  subsection A,  paragraphs 2 and 3 are no longer met,  and until the director again determines that all of those conditions are met,  the designation terminates unless the district member reapplies for and the director grants a redesignation pursuant to this subsection. In considering whether to redesignate the district member,  the director shall only consider the following in determining whether the district member's projected water use is consistent with the management goal of the active management area pursuant to section 45-576:
1. The district member's projected supplies of:
(a) Surface water.
(b) Effluent.
(c) Groundwater withdrawn outside the active management area in which the district member is located.
2. The district member's projected supply of groundwater withdrawn in the active management area in which the district member is located up to an amount equal to one hundred times the largest amount of groundwater withdrawn in the active management area by the district member for its customers' use in any calendar year in the five calendar years immediately preceding the year in which the director determines that one of the conditions prescribed by section 45-576,  subsection A,  paragraphs 2 and 3 is no longer met.
3. The amount in a district member's long-term storage account established pursuant to chapter 3.1 of this title.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-576.08 - Pinal active management area; assured water supply; physical availability; definitions

45-576.08.
Pinal active management area;  assured water supply;  physical availability;  definitions
A. All of the following apply in the Pinal active management area for an application to modify a designation of assured water supply:
1. If the total volume of groundwater and stored water to be recovered outside the area of impact of storage sought to be included in the designation does not exceed the total volume of those sources of water included in the previous designation minus the sum of the volume of groundwater actually withdrawn and the volume of stored water recovered outside the area of impact of storage by the applicant since issuance of the previous designation order:
(a) The director shall not review the physical availability of the groundwater and stored water to be recovered outside of the area of impact of storage sought to be included in the designation.
(b) The physical availability of the groundwater and stored water to be recovered outside the area of impact of storage sought to be included in the designation shall not be grounds for an objection.
2. Paragraph 1 of this subsection shall not affect the director's review of assured water supply criteria other than the physical availability of groundwater and stored water to be recovered outside the area of impact of storage.
3. Both of the following are deemed physically available for purposes of an assured water supply designation:
(a) Stored water that is to be recovered by the applicant within the area of impact of storage pursuant to existing long-term storage credits pledged to the designation of assured water supply.
(b) Stored water that is to be recovered by the applicant within the area of impact of storage either on an annual basis pursuant to section 45-851.01 or as long-term storage credits to be earned in the future if the water to be stored meets the physical availability requirements for the water supply under rules adopted pursuant to section 45-576,  subsection H.
B. For the purposes of this section:
1. " Area of impact of storage"  means any of the following:
(a) Within one mile of an existing or proposed underground storage facility where the water to be recovered is or will be stored.
(b) Within the district boundaries of an irrigation district that has a permit for a groundwater savings facility and where the water to be recovered is or will be stored.
(c) An area not described in subdivision (a) or (b) of this paragraph that has been shown to have been positively impacted by the storage of the water to be recovered as demonstrated by a hydrologic model approved by the director.
2. " Long-term storage credit"  has the same meaning prescribed in section 45-802.01.
3. " Stored water"  has the same meaning prescribed in section 45-802.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-576.09 - Active management areas; director's authority to change assured water supply rules

45-576.09.
Active management areas;  director's authority to change assured water supply rules
Notwithstanding any other law,  the director may revise the rules adopted pursuant to section 45-576,  subsection H to apply section 45-576.08 to other active management areas.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-577 - Application; hydrological study; review of application

45-577.
Application;  hydrological study;  review of application
A. The director shall prescribe the form of application for a certificate of assured water supply,  to include,  as applicable:
1. The legal description of the land.
2. The plats,  plans and maps of the proposed development.
3. Information on the nature and magnitude of the proposed development,  including the number of parcels,  lots or dwelling units and the annual amount of water which will be required.
4. Evidence of contracts for the delivery of water and information relating to the terms of the contracts.
5. If groundwater is a proposed source of water:
(a) Evidence of ownership of any grandfathered rights pursuant to which groundwater may be withdrawn for the proposed development.
(b) The legal description of the location of any existing wells from which the applicant proposes to withdraw groundwater or the proposed location of new wells.
6. Evidence of the right to use surface water pursuant to chapter 1,  article 4 of this title,  pursuant to a judicial decree or pursuant to a right established prior to 1919.
7. Financing arrangements for the development and evidence of financial capability to construct the delivery system and any treatment works necessary to make the supply of water available for the proposed use.
8. A sworn statement that the information contained in the application is true and correct to the best knowledge and belief of the applicant.
9. Any other information which the director may require.
B. If groundwater is a proposed source of water,  the applicant shall submit with the application for a certificate of assured water supply a copy of a hydrological study on the groundwater resources that demonstrates an assured supply for the proposed use. The director shall prescribe the contents of the study which is to be submitted with the application.
C. The director shall review and evaluate the application. The director may request additional information from the applicant and conduct independent investigations as may be necessary to determine whether an assured water supply exists.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-579.01 - Certificate of assured water supply; material change; plat

45-579.01.
Certificate of assured water supply;  material change;  plat
For the purpose of determining whether changes to a plat for which a certificate has been issued in an active management area are material under rules adopted pursuant to section 45-576,  subsection H,  the director shall not consider any change in the number of housing units or lots if there is a reduction in the total water demand for the subdivision.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-580 - Assured and adequate water supply administration fund; purpose

45-580.
Assured and adequate water supply administration fund;  purpose
A. The assured and adequate water supply administration fund is established consisting of the fees that are paid to the department for applications relating to adequate and assured water supply pursuant to sections 45-108,  45-576 and 45-579 and that are established by the director pursuant to section 45-113,  subsection B. The department shall administer the fund. Monies in the fund are subject to appropriation and shall be used by the department for the costs and expenses of the department in administering sections 45-108,  45-576 and 45-579.
B. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received pursuant to subsection A of this section in the fund. The fund shall be a separate account on the books of the department. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. On notice from the director,  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 fund.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-591 - Definitions

45-591.
Definitions
In this article,  unless the context otherwise requires:
1. " Existing well"  means a well which was drilled before June 12,  1980 and which is not abandoned or sealed or a well which was not completed on June 12,  1980 but for which a notice of intention to drill was on file with the Arizona water commission on such date.
2. " New well"  means a well for which a notice of intention to drill or a permit is required pursuant to this article or which is drilled pursuant to a permit issued under section 45-834.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-591.01 - Oil, gas, helium and geothermal wells; exemption

45-591.01.
Oil,  gas,  helium and geothermal wells;  exemption
Wells drilled for oil,  gas or helium pursuant to the provisions of title 27 are not wells as defined in this chapter. The director,  by rule or regulation,  may exempt exploration wells from any requirement of this article that the director determines is not necessary for the protection of groundwater. Geothermal wells drilled pursuant to the provisions of title 27 are not wells as defined in this chapter when the director finds that the rules and regulations of the oil and gas conservation commission require the reinjection of all waters associated with the geothermal resource to the producing strata.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-592 - Wells in general

45-592.
Wells in general
A. A person may construct,  replace or deepen a well in this state only pursuant to this article and section 45-834.01. The drilling of a well may not begin until all requirements of this article and section 45-834.01,  as applicable,  are met.
B. The director may adopt temporary rules to allow a person to construct,  replace or deepen a well prior to the adoption of final rules pursuant to this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-593 - Registration of existing wells; permanent record of all wells; reporting open wells

45-593.
Registration of existing wells;  permanent record of all wells;  reporting open wells
A. On or before June 12,  1982,  a person who owns an existing well which is or has been used to withdraw or monitor water shall register the well on a registration form provided by the director. The registration form shall include:
1. The registration number of any well previously required to be registered in this state before June 12,  1980.
2. The legal description of the land upon which the well is located,  the location of the well on the land and the name and mailing address of the owner of the land.
3. The depth,  diameter and type of casing of the well.
4. Such legal description of the land upon which the groundwater is being used as may be required by the director to administer this chapter.
5. The maximum pumping capacity of the well.
6. Any other information which the director may require.
B. The director shall assign a registration number to each well registered pursuant to this section and to all other wells drilled pursuant to this chapter and shall maintain a permanent record of registration numbers and all other information on new and existing wells pursuant to this chapter and previous law.
C. The person to whom a well is registered shall notify the director of a change in ownership of the well,  and the new owner shall furnish information as required by the director to keep the department's well registration records current and accurate.
D. Within thirty days after a change of ownership of real property,  the new owner shall notify the director in writing of the existence of any open well or wells on the property which the new owner has discovered. Thereafter,  the owner shall report the existence of any open well on the property within ten days after the owner discovers the well.
E. This article shall not be construed to legalize any well existing on June 12,  1980,  the effective date of this article,  which was not in accordance with prior statutory law.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-594 - Well construction standards; remedial measures

45-594.
Well construction standards;  remedial measures
A. The director shall adopt rules establishing construction standards for new wells and replacement wells,  the deepening and abandonment of existing wells and the capping of open wells.
B. All well construction,  replacement,  deepening and abandonment operations shall comply with the rules adopted pursuant to this section. A well owner shall cap an open well according to the rules adopted pursuant to subsection A.
C. If the director determines that a well is not capped in compliance with the rules adopted pursuant to subsection A,  that the well is dangerous to property or public health or safety and that there is not sufficient time to issue and enforce an order relative to its capping,  the director may employ remedial measures necessary to protect property or public health or safety. The remedial measures may include remaining in full charge and control of the well site until the well has been rendered safe and capping the well. This subsection does not relieve an owner or operator of a well from the legal duties,  obligations and liabilities arising from such ownership or operation.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-595 - Well construction requirements; licensing of well drillers

45-595.
Well construction requirements;  licensing of well drillers
A. New well construction,  including modifications of wells,  shall be performed under the direct and personal supervision of a well driller who holds a well driller's license pursuant to subsection B of this section.
B. A person who intends to construct or modify one or more wells in this state shall file an application for a well driller's license with the director. The application shall include:
1. The name,  mailing address and place of business of the applicant.
2. The applicant's experience and qualifications.
3. Such other information as the director may require.
C. The director,  by rule,  shall establish qualifications and a reasonable fee of not more than fifty dollars for licenses for well drillers and establish procedures for the evaluation and licensing of applicants. A nontransferable well driller's license shall be issued if the director finds that the applicant meets the qualifications established pursuant to this subsection. The director may revoke a well driller's license for good cause.
D. A person who drills or modifies an exempt well on land owned by that person shall first obtain a single well license from the department. The department shall issue the license to drill the well according to standard small well construction standards. No fee may be charged for a single well license.
E. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received under this section in the water resources fund established by section 45-117.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-596.01 - Additional information required with notice of intention to drill well to pump Colorado River water; exception

45-596.01.
Additional information required with notice of intention to drill well to pump Colorado River water;  exception
(Conditionally Eff.)
In addition to the information required by section 45-596,  a person who files a notice of intention to drill a well that will pump Colorado River water shall include with the notice proof that the director determines to be satisfactory that the person has the legal right to use Colorado river water. This section does not apply to a proposed well that will have a pump with a maximum capacity of not more than thirty-five gallons per minute and that will be used for the supply,  service and activities of households and private residences,  including the application of water to less than two acres of land to produce plants or parts of plants for sale or human consumption or for use as feed for livestock,  range livestock or poultry,  as those terms are defined in section 3-1201.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-597 - Deepening and replacement of wells in active management areas; filing of notice

45-597.
Deepening and replacement of wells in active management areas;  filing of notice
A. A person entitled to withdraw groundwater in an active management area or a person entitled to recover stored water pursuant to section 45-834.01 may deepen an existing well or construct a replacement well at approximately the same location. The director shall by rule define what constitutes a replacement well,  including the distance from the original well site that is deemed to be the same location for a replacement well.
B. Prior to deepening an existing well or constructing a replacement well at approximately the same location,  the person shall file a notice of intention to drill pursuant to section 45-596 and provide the director with any other information as the director may by rules require.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-598 - New wells and replacement wells in new locations in active management areas; rules; permit required

45-598.
New wells and replacement wells in new locations in active management areas;  rules;  permit required
A. The director shall adopt rules governing the location of new wells and replacement wells in new locations in active management areas to prevent unreasonably increasing damage to surrounding land or other water users from the concentration of wells.
B. A person entitled to withdraw groundwater in an active management area pursuant to article 5 or 6 of this chapter may construct a new well or a replacement well in a new location if the location of the new well or the replacement well complies with the rules adopted by the director pursuant to subsection A of this section and if the person has applied for and received a permit from the director pursuant to section 45-599.
C. An applicant for a general industrial use permit pursuant to sections 45-515 and 45-521 who proposes to construct a new well or a replacement well in a new location shall also apply for a permit pursuant to section 45-599.
D. A person who is entitled to withdraw groundwater in an active management area under article 5 or 6 of this chapter may withdraw groundwater under article 5 or 6 of this chapter from a well drilled to withdraw groundwater pursuant to a groundwater withdrawal permit issued under article 7 of this chapter if the location of the well complies with the rules adopted by the director under subsection A of this section and if the person has applied for and received a permit from the director pursuant to section 45-599. A person entitled to withdraw groundwater in an active management area under a general industrial use permit issued under section 45-515 may withdraw groundwater under section 45-515 from a well used to withdraw groundwater pursuant to another category of groundwater withdrawal permit issued under article 7 of this chapter if the location of the well complies with the rules adopted by the director under subsection A of this section and if the person has applied for and received a permit from the director pursuant to section 45-599.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-600 - Filing of report by driller; filing of completion report

45-600.
Filing of report by driller;  filing of completion report
A. A well driller shall maintain a complete and accurate log of each well drilled. Within thirty days of completion of the drilling of any well in this state,  the driller shall file a well driller report with the director which shall include all information contained in the log of the well,  including information on the casing of the well and,  if the well is an artesian well,  the capping. The director shall prescribe well driller report forms and the department shall furnish them on request.
B. Within thirty days after the installation of pumping equipment in any well in this state,  the registered well owner shall file a completion report with the director. The director shall prescribe the completion report form and the department shall furnish them on request. The completion report form shall include:
1. The type of equipment installed.
2. Tested pumping capacity of the well in gallons per minute as determined for a non-flowing well by measuring the discharge of the pump after continuous operation for at least four hours,  or for a flowing well by measuring the natural flow at the land surface.
3. Drawdown of the water level measured in feet for a non-flowing well after not less than four hours of continuous operation and while still in operation,  or for a flowing well,  the shut-in pressure measured in feet above the land surface or in pounds per square inch at the land surface.
4. Depth in feet from the land surface to the static groundwater level,  measured immediately prior to the well-capacity test.
5. Such other information as the director may require.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-601 - Operating rules for multiple wells

45-601.
Operating rules for multiple wells
The director may adopt rules governing pumping patterns of persons who withdraw groundwater or recover stored water,  as defined in section 45-802.01,  from multiple wells in an active management area to minimize damage to adjacent groundwater users. The director may not require a person who withdraws groundwater or recovers stored water from multiple wells to change the person's pumping patterns if the person or user cannot reasonably accommodate such changes.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-602 - Capping of wells; waste

45-602.
Capping of wells;  waste
A. Groundwater which has been withdrawn shall not be allowed to waste. To effectuate the purposes of this section,  the director shall:
1. Require all flowing wells to be capped or equipped with valves so that the flow of water can be completely stopped when not in use.
2. Require both flowing and non-flowing wells to be constructed and maintained so as to prevent waste of groundwater through leaky casing,  lack of casings,  pipes,  fittings,  valves or pumps,  either above or below the surface of the ground.
B. The reasonable withdrawal of groundwater for development,  testing or repair of a well or the inadvertent loss of water due to breakage of a pump,  valve,  pipe or fitting is not waste if reasonable diligence is shown in effecting the necessary repairs.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-604 - Water measuring devices

45-604.
Water measuring devices
A. Except as provided in subsections B,  C and D of this section,  a person who withdraws groundwater from a nonexempt well in an active management area or an irrigation non-expansion area,  a person who withdraws water from a non-exempt well in the Santa Cruz active management area or a person who withdraws groundwater for transportation to an initial active management area pursuant to article 8.1 of this chapter shall use a water measuring device approved by the director.
B. A person who holds a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit in the amount of ten or fewer acre-feet per year is not required to use a water measuring device to measure withdrawals pursuant to that grandfathered right or groundwater withdrawal permit unless the person holds more than one such right or permit in the aggregate amount of more than ten acre-feet per year and withdraws more than ten acre-feet of groundwater per year pursuant to those rights or permits from one well.
C. In an irrigation non-expansion area:
1. A person who withdraws ten or fewer acre-feet of groundwater per year from a non-exempt well for a non-irrigation use is not required to use a water measuring device to measure withdrawals from that well.
2. A person who withdraws groundwater from a non-exempt well for an irrigation use is not required to use a water measuring device to measure withdrawals from that well if both of the following apply:
(a) Groundwater withdrawn from the well for an irrigation use is used only on land that is owned by a person who has the right under section 45-437 to irrigate ten or fewer contiguous acres at the place of the use.
(b) Groundwater withdrawn from the well is not used on land that is part of an integrated farming operation.
D. In an active management area,  a person,  other than an irrigation district,  who withdraws groundwater from a non-exempt well for use pursuant to an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres is not required to use a water measuring device to measure withdrawals from that well unless groundwater withdrawn from the well is also used pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45-563.02.
E. The director shall adopt rules setting forth the requirements and specifications for water measuring devices.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-606 - Well administration and enforcement fund; purpose

45-606.
Well administration and enforcement fund;  purpose
A. The well administration and enforcement fund is established consisting of fees paid to the department pursuant to section 45-596,  subsection L and section 45-599,  subsection J. The department shall administer the fund. Monies in the fund are continuously appropriated and shall be used by the director for the following purposes:
1. For the reasonable and necessary costs of the department to implement this article.
2. For compliance monitoring,  investigation and enforcement activities of the department pertaining to the construction,  replacement,  deepening and abandonment of wells and capping of open wells under this article.
B. The fund shall be a separate account on the books of the department. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. On notice from the director,  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 fund.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-612 - Administration and enforcement withdrawal fee; exemption from lapsing; disposition of excess monies

45-612.
Administration and enforcement withdrawal fee;  exemption from lapsing;  disposition of excess monies
A. Each year the legislature shall appropriate sufficient monies to the department to cover all costs of administration and enforcement of this chapter.
B. Not later than October 1 of each year,  the director shall estimate the total amount of groundwater to be withdrawn in all active management areas except the Tucson,  Phoenix,  Pinal and Santa Cruz active management areas during the following calendar year and the total amount of water,  other than stored water,  to be withdrawn in the Santa Cruz active management area during the following calendar year,  and set the administration and enforcement fee pursuant to section 45-611,  subsection A,  paragraph 1 to produce an amount equal to one-half of the amount budgeted by the director for administration and enforcement purposes for the following fiscal year. In setting the administration and enforcement fee,  the director shall account for excess payments or deficiencies in payments in the past fiscal year. Except as provided in section 45-113,  subsection C,  monies collected from administration and enforcement fees shall be deposited in the water resources fund established by section 45-117.
C. For the Tucson,  Phoenix and Pinal active management areas,  not later than October 1,  2016 and by October 1 of each year thereafter,  the director shall estimate the total amount of groundwater to be withdrawn in each active management area and shall set the administration and enforcement fee pursuant to section 45-611,  subsection C,  paragraph 1 to produce an amount equal to one-half of the amount budgeted by the director for administration and enforcement purposes for the following fiscal year. In setting the administration and enforcement fee,  the director shall account for excess payments or deficiencies in payments in the past fiscal year. Except as provided in section 45-113,  subsection C,  monies collected from administration and enforcement fees shall be deposited in the water resources fund established by section 45-117.
D. Monies budgeted for administration and enforcement purposes pursuant to this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If the administration and enforcement fee is set at fifty cents and excess payments have been received,  such excess payments shall be credited to the augmentation and conservation assistance fund established under section 45-615 and credited among the active management areas in proportion to the amount of such monies collected from each active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-613 - Use of withdrawal fees collected for augmentation and conservation and purchase and retirement of grandfathered rights, Arizona water banking purposes and groundwater and irrigation efficiency projects

45-613.
Use of withdrawal fees collected for augmentation and conservation and purchase and retirement of grandfathered rights,  Arizona water banking purposes and groundwater and irrigation efficiency projects
A. Except as provided in section 45-615,  paragraph 2 and sections 45-1972 and 48-4504,  monies collected in an active management area for purposes of augmentation,  conservation assistance and monitoring and assessing water availability under section 45-611,  subsection A,  paragraph 2 and subsection C,  paragraph 2 shall be used only to finance the augmentation and conservation assistance programs that are part of the management plan for the active management area and to fund any projects that are authorized by the director for monitoring and assessing water availability within the active management area.
B. Monies collected in an active management area for the purpose of purchasing and retiring grandfathered rights under section 45-611,  subsection A,  paragraph 3 and subsection C,  paragraph 4 shall be used only to finance the program for the purchase and retirement of grandfathered rights that is part of the management plan for the active management area.
C. Monies collected in an active management area for the purpose of Arizona water banking under section 45-611,  subsection C,  paragraph 3 shall be used only for the benefit of the active management area in which they are collected.
D. Except as provided in section 45-615.01,  subsection G,  monies collected in the Pinal active management area for the purpose of groundwater and irrigation efficiency projects under section 45-611,  subsection C,  paragraph 5 shall be used only to finance projects for the construction and rehabilitation of wells and related infrastructure for the withdrawal and efficient delivery of groundwater by irrigation districts in the Pinal active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-615 - Deposits; divisions of collections into funds

45-615.
Deposits;  divisions of collections into funds
Except as provided in section 45-113,  subsection C,  the director shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected by the department pursuant to section 45-611,  subsection A,  paragraphs 2 and 3 and subsection C,  paragraphs 2,  3 and 4 and any other monies received for that purpose. Based on the statement of the director transmitted pursuant to section 45-614,  subsection B,  the monies collected shall be allocated as follows:
1. Except as provided in paragraph 2 of this section,  monies received for the purpose of augmentation of the water supply of the active management area,  conservation assistance to water users within the active management area and monitoring and assessing water availability within the active management area shall be kept in an augmentation and conservation assistance fund. Separate accounts for each active management area shall be maintained within the fund. On notice from the director,  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 fund.
2. If an active management area water district has been established in an active management area,  all monies received pursuant to section 45-611,  subsection A,  paragraph 2 for the purpose of augmentation of the water supply of that active management area shall be transmitted to the secretary-treasurer of the district for deposit in the general fund of the district.
3. Monies received for the purpose of purchase and retirement of grandfathered rights shall be kept in a purchase and retirement fund. Separate accounts for each active management area shall be maintained within the fund. On notice from the director,  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 fund.
4. Monies received for the purpose of Arizona water banking shall be deposited,  pursuant to sections 35-146 and 35-147,  in the Arizona water banking fund.
5. Monies collected by the director pursuant to section 45-611,  subsection C,  paragraph 5 shall be deposited in the temporary groundwater and irrigation efficiency projects fund established by section 45-615.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-616 - Water quality assurance fee; disposition of revenue

45-616.
Water quality assurance fee;  disposition of revenue
A. The director shall levy and collect,  in a form prescribed by the department,  an annual water quality assurance fee from each person who owns a type 1 or a type 2 non-irrigation grandfathered right pursuant to article 5 of this chapter or who holds a groundwater withdrawal permit for beneficial use issued pursuant to article 7 of this chapter.
B. Except as provided in subsection C of this section and section 45-411.01,  subsection C,  the fee is levied in an amount of two dollars twelve cents per acre-foot and at a proportionate rate for any lesser or greater quantity of groundwater withdrawn for beneficial use during the calendar year.
C. A person who,  under section 45-604,  subsection B,  is not required to use and does not use a water measuring device to measure withdrawals made pursuant to a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit shall pay an amount equal to the water quality assurance fee of two dollars twelve cents per acre-foot multiplied by the number of acre-feet of the grandfathered right or the groundwater withdrawal permit.
D. This section does not apply to any water that is subject to the tax on potable water imposed by section 42-5302.
E. The water quality assurance fee shall be paid to the department at the time the person withdrawing groundwater for beneficial use files the annual groundwater withdrawal report pursuant to section 45-632.
F. The director shall separately account for and remit monies collected under this section for deposit in the water quality assurance revolving fund established by section 49-282.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-617 - Augmentation and conservation assistance fund grants

45-617.
Augmentation and conservation assistance fund grants
The director may grant monies,  either on a reimbursable basis or by advancing grant monies,  from an active management area's augmentation and conservation assistance fund as received by the state treasurer pursuant to section 45-615,  paragraph 1 for augmentation or conservation assistance projects that will benefit the active management area for which the monies were collected. Each grant shall be provided on such terms and conditions as the director may prescribe. Grants that are issued under this section are exempt from title 41,  chapter 23.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-618 - Arizona water quality fund

45-618.
Arizona water quality fund
A. An Arizona water quality fund is established for agency participation in activities related to title 49,  chapter 2,  article 5 and coordination of data bases necessary for those activities. The director shall administer the fund.
B. The Arizona water quality fund consists of monies from legislative appropriations,  grants,  contributions and transfers from other public agencies.
C. On notice from the director,  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 fund.
D. Monies in the fund are exempt from lapsing under section 35-190.
E. Before December 31 of each year,  the director shall submit to the speaker of the house of representatives and the president of the senate a written report describing the activities of the department for the preceding fiscal year relating to expenditures from the fund. The report shall include an accounting for expenditures from the fund and how the monies were used to perform duties in cooperation with the department of environmental quality pursuant to title 49,  chapter 2,  article 5. The report shall address the department of water resources' sharing and management of data with the department of environmental quality,  well inspection activities conducted pursuant to this fund,  measures to remediate wells pursuant to section 45-605,  duties performed pursuant to agreements with the department of environmental quality and the status of other departmental participation in water quality assurance revolving fund activities.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-631 - Definition

45-631.
Definition
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 this state.