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2023 Arizona Revised Statutes › Title 45 - Waters › § 45-117 - Water resources fund; purpose; monies held in trust

45-117.
Water resources fund;  purpose;  monies held in trust
A. The water resources fund is established to be maintained in perpetuity consisting of:
1. Except as provided in section 45-113,  subsection F,  monies received pursuant to sections 45-113,  45-115,  45-116,  45-183,  45-273,  45-292,  45-411.01,  45-467,  45-476.01,  45-595,  45-612,  45-703,  45-871.01,  45-874.01,  45-1021,  45-1041,  45-1205,  45-1603 and 45-1605.
2. Monies appropriated by the legislature to the water resources fund.
3. Gifts,  grants and donations to the fund from any public or private source.
4. Interest and other income received from investing monies in the fund.
B. Monies in the fund are subject to legislative appropriation. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. Monies in the fund shall be used exclusively by the department of water resources to carry out the purposes of this title and shall not be appropriated for any other purpose.
D. The director shall administer the fund. On notice from the director,  the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.
E. Any fee,  assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-118 - Arizona system conservation fund; purpose; report

45-118.
Arizona system conservation fund;  purpose;  report
(Rpld. 4/1/27)
A. The Arizona system conservation fund is established consisting of legislative appropriations,  grants and contributions from private and public entities. The director shall administer the fund. Monies in the fund are continuously appropriated for the purposes of this section. The director may spend monies from the fund to contract with Colorado River water users in this state that hold entitlements to Colorado River water under the decree in Arizona v. California to forgo water deliveries or diversions for the purpose of creating system conservation. Contracts entered into pursuant to this section are exempt from title 41,  chapter 23.
B. System conservation created through the use of the fund shall provide for Colorado River water to be conserved in Lake Mead through a verified reduction in existing consumptive use in order to decrease the likelihood of lake elevations dropping to levels that could result in reductions to this state's Colorado River allocation. System conservation must be created for the benefit of the Colorado River system and not for the benefit of any individual Colorado River water user.
C. On notice from the director,  the state treasurer shall invest and divest monies earned as provided by section 35-313,  and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. Beginning July 1,  2021 and on July 1 each year thereafter,  the director shall submit a detailed report to the governor,  the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. The report shall describe the expenditures made from the fund during the previous fiscal year and the volume of water that was conserved in Lake Mead.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-131 - Definitions

45-131.
Definitions
In this article,  unless the context otherwise requires:
1. " Body of water"  means a body of water in an active management area established under chapter 2 of this title,  including a lake,  pond,  lagoon or swimming pool,  that has a surface area greater than twelve thousand three hundred twenty square feet and that is filled or refilled for landscape,  scenic or recreational purposes. A body of water that is used incidentally for landscape,  scenic or recreational purposes is deemed not to be filled or refilled for landscape,  scenic or recreational purposes. Only for the purpose of determining the surface area of a body of water,  two or more bodies of water that are connected are considered to be one body of water.
2. " Swimming pool"  means an artifically constructed pool for swimming purposes that meets the applicable design standards and specifications for swimming pools prescribed by the director of environmental quality pursuant to section 49-104,  subsection B,  paragraph 12.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-134 - Temporary emergency permit for use of surface water or groundwater in body of water

45-134.
Temporary emergency permit for use of surface water or groundwater in body of water
A. The director may issue a temporary,  emergency permit authorizing the use of surface water or groundwater in a body of water that is exempt under section 45-132,  subsection B,  paragraph 4 and that is filled or refilled primarily with effluent if the director determines that:
1. The director of environmental quality has determined that all of the following apply:
(a) An emergency exists because the condition of the body of water is a threat to the public health or welfare.
(b) There is a reasonable probability that the temporary use of surface water or groundwater in the body of water will significantly reduce the threat to the public health or welfare.
(c) Actions other than the temporary use of surface water or groundwater would not significantly reduce the threat or are unreasonable under the circumstances.
2. The owner or operator of the body of water otherwise has a right to use surface water or groundwater for the proposed purpose.
3. If a temporary emergency permit has previously been issued for the body of water,  the owner or operator of the body of water has undertaken reasonable measures to prevent the condition of the body of water from again becoming a threat to the public health or welfare.
B. The director may issue a permit under this section for a period of up to thirty days. The director shall specify any conditions on the use of water pursuant to the permit the director determines are necessary. The director shall monitor the use of water pursuant to the permit and shall terminate the permit if the conditions for issuance of the permit no longer apply.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-135 - Inspections; investigations

45-135.
Inspections;  investigations
A. The director or the director's authorized representative may enter at reasonable times on private or public property where a body of water is located,  and the owner,  manager or occupant of the property shall permit such entry,  to:
1. Inspect the body of water.
2. Ascertain compliance with this article.
B. Inspections and investigations under this section shall be on reasonable notice to the owner,  manager or occupant of the property unless reasonable grounds exist to believe that the notice would frustrate the enforcement of this article. The director shall adopt rules for conducting inspections and obtaining warrants under this section. 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 and investigation under this section to the person subject to such action.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-136 - Cease and desist order; temporary cease and desist order; hearings; injunctive relief

45-136.
Cease and desist order;  temporary cease and desist order;  hearings;  injunctive relief
A. Except as provided by subsection B of this section,  if the director has reason to believe that a person is violating or has violated any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purposes of this article,  the director may give the person written notice that the person may appear and show cause at an administrative hearing not less than thirty days after the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date,  time and place of the hearing and the consequences of failure to appear.
B. If the director finds that a person is filling or refilling all or a portion of a body of water in violation of any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purposes of this article,  the director may issue a temporary order for the person to cease and desist the filling or refilling pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date,  time and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days of the date of the order unless the person consents to a longer period.
C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation,  a cease and desist order,  the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114,  subsection B in the superior court in the county in which the violation is alleged to have occurred.
D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section,  the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court 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.
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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-137 - Civil penalties

45-137.
Civil penalties
A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article may be assessed a civil penalty in an amount not exceeding:
1. One hundred dollars per day of violation not directly related to the illegal filling or refilling of all or a portion of a body of water.
2. Ten thousand dollars per day of violation directly related to the illegal filling or refilling of all or a portion of a body of water.
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 to the public,  whether the violation was knowing or wilful,  the past conduct of the defendant,  whether the defendant should have been on notice of the violation,  whether the defendant has taken steps to cease,  remove or mitigate the violation and any other relevant information.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-138 - Burden of proof

45-138.
Burden of proof
A person who claims in a hearing held pursuant to section 45-136 or in a civil action that he is not violating or has not violated any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article on the ground that he qualifies for an exemption under section 45-132,  subsection B,  paragraph 4 has the burden of proving that he qualifies for the exemption.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-139 - Violation; classification

45-139.
Violation;  classification
A. Unless otherwise specified,  a person who knowingly violates or refuses to comply with any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a class 2 misdemeanor. A person who,  after notice of violation,  continues in violation of any provision of this article,  a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a separate offense for each day of violation.
B. A person who knowingly and intentionally fills or refills all or a portion of a body of water in violation of this article is guilty of:
1. A class 6 felony if the amount of water illegally used is one thousand acre-feet or more.
2. A class 1 misdemeanor if the amount of water illegally used is more than one hundred acre-feet but less than one thousand acre-feet.
3. A class 3 misdemeanor if the amount of water illegally used is one hundred acre-feet or less.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-139.01 - Notice of source of water used to fill or refill body of water

45-139.01.
Notice of source of water used to fill or refill body of water
A person who,  after December 31,  1986,  begins the physical on-site construction of a body of water located in a subdivision as defined in section 32-2101 and which will be filled or refilled with a source of water identified in section 45-132,  subsection B,  paragraph 4,  shall:
1. Make written disclosure to prospective purchasers of property within the subdivision of the source of water to be used to fill or refill the body of water,  the legal basis for access to the source of water and the duration of any permit or contract under which the source of water is obtained. If a public report for the subdivision is issued under section 32-2183,  the disclosure may be made in the public report.
2. Include in the agreement or contract for the purchase of property within the subdivision a provision stating the source of water to be used to fill or refill the body of water and have the purchaser of the property acknowledge this provision by signing or initialing the provision.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-141 - Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture

45-141.
Public nature of waters of the state;  beneficial use;  reversion to state;  actions not constituting abandonment or forfeiture
A. The waters of all sources,  flowing in streams,  canyons,  ravines or other natural channels,  or in definite underground channels,  whether perennial or intermittent,  flood,  waste or surplus water,  and of lakes,  ponds and springs on the surface,  belong to the public and are subject to appropriation and beneficial use as provided in this chapter.
B. Beneficial use shall be the basis,  measure and limit to the use of water.
C. Except as otherwise provided in this title or in title 48,  when the owner of a right to the use of water ceases or fails to use the water appropriated for five successive years,  the right to the use shall cease,  and the water shall revert to the public and shall again be subject to appropriation.
D. Underground water storage,  pursuant to chapter 3.1 of this title,  for future beneficial use of waters appropriated pursuant to this chapter does not constitute an abandonment or forfeiture.
E. The following water exchange arrangements or substitutions do not constitute an abandonment or forfeiture of all or any portion of a right to use surface water:
1. Exchanging surface water for groundwater,  effluent,  Colorado river water,  including water delivered through the central Arizona project,  or another source of surface water pursuant to chapter 4 of this title.
2. Substituting groundwater,  effluent,  Colorado river water,  including water delivered through the central Arizona project,  or another source of surface water for surface water.
F. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-151 - Right of appropriation; permitted uses; water rights in stockponds

45-151.
Right of appropriation;  permitted uses;  water rights in stockponds
A. Any person,  the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic,  municipal,  irrigation,  stock watering,  water power,  recreation,  wildlife,  including fish,  nonrecoverable water storage pursuant to section 45-833.01 or mining uses,  for his personal use or for delivery to consumers. The person,  the state of Arizona or a political subdivision thereof first appropriating the water shall have the better right.
B. To effect the beneficial use,  the person,  the state of Arizona or a political subdivision thereof appropriating the water may construct and maintain reservoirs,  storage facilities pursuant to chapter 3.1 of this title,  dams,  canals,  ditches,  flumes and other necessary waterways.
C. A water right in a stockpond,  certified pursuant to article 10 of this chapter,  shall be recognized as if such water had been appropriated pursuant to this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-152 - Application for permit to appropriate water

45-152.
Application for permit to appropriate water
A. Any person,  including the United States,  the state or a municipality,  intending to acquire the right to the beneficial use of water,  shall make an application to the director of water resources for a permit to make an appropriation of the water. The application shall state:
1. The name and address of the applicant.
2. The water supply from which the appropriation is applied for.
3. The nature and amount of the proposed use.
4. The location,  point of diversion and description of the proposed works by which the water is to be put to beneficial use.
5. The time within which it is proposed to begin construction of such works and the time required for completion of the construction and the application of the water to the proposed use.
B. The application also shall set forth:
1. If for agricultural purposes,  the legal subdivisions of the land and the acreage to be irrigated.
2. If for power purposes,  the nature of the works by which power is to be developed,  the pressure head and amount of water to be utilized,  the points of diversion and release of the water and the uses to which the power is to be applied.
3. If for the construction of a reservoir,  the dimensions and description of the dam,  the capacity of the reservoir for each foot in depth,  the description of the land to be submerged and the uses to be made of the impounded waters.
4. If for municipal uses,  the population to be served,  and an estimate of the future population requirements.
5. If for mining purposes,  the location and character of the mines to be served and the methods of supplying and utilizing the waters.
6. If for recreation or wildlife,  including fish,  the location and the character of the area to be used and the specific purposes for which such area shall be used.
C. The application shall be accompanied by maps,  drawings and data prescribed by the director.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-152.01 - Instream flow applications; process; definition

45-152.01.
Instream flow applications;  process;  definition
A. In addition to the information prescribed in section 45-152,  any person,  including the United States,  this state or a municipality,  who files an instream flow application after the effective date of this section shall comply with the following:
1. The applicant shall submit at least five years of streamflow measurement data to support the proposed beneficial use which shall be submitted at the time the application is filed. The director shall not accept for filing an instream flow application that is not accompanied by at least five years of continuous streamflow measurement data. The streamflow data submitted shall consist of gauged on-site measurements of available water flow from the area in which the claimed beneficial use occurs.
2. The instream flow application shall describe the proposed beneficial use and shall specify both of the following:
(a) The amount of streamflow required for the proposed beneficial use.
(b) The availability of the requested flows during claimed periods of beneficial use.
B. Applications that are submitted after the effective date of this section shall be rejected if the application does not comply with this section.
C. For the purposes of this section,  " instream flow application"  means an application for a permit to make an appropriation of water for purposes of recreation or wildlife,  including fish,  in a specific stream reach without diverting the water from the stream.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-153 - Criteria for approval or rejection of applications; restrictions on approval

45-153.
Criteria for approval or rejection of applications;  restrictions on approval
A. The director shall approve applications made in proper form for the appropriation of water for a beneficial use,  but when the application or the proposed use conflicts with vested rights,  is a menace to public safety,  or is against the interests and welfare of the public,  the application shall be rejected. An administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary.
B. An application may be approved for less water than applied for if substantial reasons exist but shall not be approved for more water than may be put to a beneficial use. Applications for municipal uses may be approved to the exclusion of all subsequent appropriations if the estimated needs of the municipality so demand after consideration by and upon order of the director.
C. If the director approves an application for the appropriation of water for use on land owned by the state of Arizona,  a permit or certificate shall be issued as prescribed by section 37-321.01.
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 › § 45-154 - Correction of defective application

45-154.
Correction of defective application
Upon receipt of the application,  the director shall endorse on the application the date of its receipt and keep a record of applications received. If the application is defective it shall be returned for correction or completion,  with the date of and reasons for returning it endorsed on the application and a record made of applications returned. The application shall not lose priority of filing because of defects if the application is corrected,  completed and refiled with the director within sixty days after its return to the applicant,  or within such further time as the director may,  by an order of record,  allow. Applications shall be recorded in a book kept for that purpose.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-155 - Requiring additional information on application

45-155.
Requiring additional information on application
A. Before approving or rejecting the application,  the director may require additional information to enable it to protect properly the public interest and may,  on applications proposing to divert more than ten cubic feet of water per second,  require a statement of the following facts:
1. If a corporation,  a copy of the articles of incorporation,  the names and residences of directors and officers and the amount of its authorized and paid-up capital.
2. If not a corporation,  the name of the party proposing to construct the works and a disclosure of the party's financial ability to complete the proposed work.
B. The director may also require the applicant to show that the proposed diversion of water will not conflict with vested rights.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-156 - Legislative authorization for appropriation of water to generate power

45-156.
Legislative authorization for appropriation of water to generate power
A. An application for appropriation of waters of a stream within the state for generating electric energy in excess of twenty-five thousand horsepower,  or an application for a permit to build a dam for generating hydroelectric energy on a stream within the state in excess of twenty-five thousand horsepower,  shall not be approved or granted unless authorized by an act of the legislature.
B. Except as otherwise prescribed by this section,  a change in the use of water appropriated for domestic,  municipal or irrigation uses shall not be made without approval of the director,  and if the change contemplates generating hydroelectric energy or power of over twenty-five thousand horsepower,  approval shall not be granted unless authorized by an act of the legislature.
C. The provisions of subsections A and B of this section requiring legislative authorization for the appropriation or use of water to generate electric energy in excess of twenty-five thousand horsepower and for the building of a dam for generating hydroelectric energy in excess of twenty-five thousand horsepower shall not apply to the generation of electricity by facilities constructed prior to January 1,  1985 as part of a federally authorized reclamation project or by an agricultural improvement district organized pursuant to title 48,  chapter 17.
D. Subsection C of this section shall not affect the priority dates for facilities constructed prior to January 1,  1985,  or the following components and appurtenant works:
1. New Waddell dam.
2. Cliff dam.
3. Increase in storage capacity of Roosevelt dam.
4. Modification of Stewart mountain dam.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-157 - Relative value of uses

45-157.
Relative value of uses
A. As between two or more pending conflicting applications for the use of water from a given water supply,  when the capacity of the supply is not sufficient for all applications,  preference shall be given by the director according to the relative values to the public of the proposed use.
B. The relative values to the public for the purposes of this section shall be:
1. Domestic and municipal uses. Domestic uses shall include gardens not exceeding one-half acre to each family.
2. Irrigation and stock watering.
3. Power and mining uses.
4. Recreation and wildlife,  including fish.
5. Nonrecoverable water storage pursuant to section 45-833.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-158 - Effect of approval or rejection of application

45-158.
Effect of approval or rejection of application
The approval or rejection of an application for the appropriation of water shall be endorsed on the application,  a record of the action kept by the director,  and the application returned immediately to the applicant. If approved,  the applicant may construct the necessary works,  take steps to apply the water to a beneficial use and perfect the appropriation. If the application is rejected,  the applicant shall take no steps toward construction of the proposed work or diversion of the water.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-159 - Conditions of acceptance of permit

45-159.
Conditions of acceptance of permit
An applicant accepts a permit to appropriate water upon the condition that no value in excess of the amount paid to the state shall be claimed for the permit or for the rights so acquired when a public authority is regulating or fixing the rate or charges of the services to be rendered by the permittee,  his successors or assigns,  or when the state,  county,  city,  town,  municipal water or irrigation district,  or any political subdivision of the state,  is seeking to acquire the rights and property of the permittee,  his successors or assigns.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-160 - Limitation on time of completion of construction; exception

45-160.
Limitation on time of completion of construction;  exception
Actual construction,  except under applications by a city or town for municipal uses,  shall begin within two years after approval of the application,  and shall be prosecuted with reasonable diligence and completed within a reasonable time which shall be fixed in the permit at not to exceed five years from the date of approval. The director shall,  for good cause shown,  extend the time beyond the five-year period if the magnitude,  physical difficulties and cost of the work justify extension.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-162 - Certificate of water right; time limitation on use of water for power purposes

45-162.
Certificate of water right;  time limitation on use of water for power purposes
A. When it appears to the satisfaction of the director that an appropriation has been perfected and a beneficial use completed in accordance with the provisions of this article,  the director shall issue to the applicant a certificate signed by the director and attested by the seal of the department. The certificate shall set forth the name and address of the owner of the right,  the priority of date and the extent and purpose of the right and,  if the water is for irrigation purposes,  a description of the legal subdivisions of land to which the water is appurtenant. On receiving the certificate,  the owner may transmit the certificate and the recording fee to the county recorder of the county in which such right is located,  who shall record the certificate in a book kept for that purpose and immediately transmit the certificate to the owner.
B. Certificates for rights to the use of water for power development shall limit the right or franchise to a period of forty years from the date of application,  subject to a preferred right of renewal under the laws existing at the date of expiration of the franchise or right. The right acquired by the appropriation shall date from filing the application with the director.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-164 - Registry; reporting

45-164.
Registry;  reporting
A. The director shall establish and maintain a registry of applications,  permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter.
B. A person who has filed an application or a statement of claim or a person to whom the director has issued a permit or a certificate of water right shall notify the director of a change in name or mailing address or an assignment pursuant to section 45-163. A person to whom an application,  permit,  certificate of water right or statement of claim is assigned shall notify the director of the assignment and shall furnish information as required by the director to keep the registry current and accurate. The director shall have continuing jurisdiction and shall issue revised permits and certificates as necessary.
C. If an appropriator of water filed an application for a permit to appropriate water pursuant to this article or an application for certification under article 10 of this chapter but the permit or certificate was issued or subsequently reissued to the United States or the state of Arizona,  an appropriator of water may file a written application with the department to request that a permit or certificate be reissued in accordance with section 37-321.01,  subsection A. Within thirty days after receiving the application,  the department shall provide notice of the application to the state or federal agency that owns the land on which the water is used and,  if applicable,  to the owner of patented land from which the water is diverted or on which the water is stored. A person who is entitled to this notice from the department may file written objections to the application within forty-five days after the department mails the notice. If no timely objection is received by the department,  the director shall approve or deny the application within ninety days from the date of filing of the application. If an objection is received,  and on written request of either the applicant or the objector,  an administrative hearing shall be held on the application and objections. If a request for a hearing is not received,  the director shall grant or deny the relief sought in the application based upon the application and objections filed. A final decision of the director is subject to judicial review as provided in section 45-114,  subsection B in the superior court in the county that has jurisdiction over the water right as part of a general adjudication conducted pursuant to article 9 of this chapter,  or if the right is not subject to a general adjudication in the superior court pursuant to title 12,  chapter 7,  article 6. The form of the application and objection shall be prescribed by the director,  but the department shall not charge a fee for processing an application.
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 › § 45-165 - Application for interstate operations

45-165.
Application for interstate operations
Except as provided by article 11 of this chapter,  an application for appropriation of water shall not be denied because the point of diversion of water described in the application or any portion of the works to be constructed for the purpose of storing,  diverting or distributing water,  or the place of intended use,  or the lands to be irrigated by the water or part of such water,  is located in another state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-166 - Approval for appropriation of waters for generating electric energy

45-166.
Approval for appropriation of waters for generating electric energy
A. The consumptive use of up to thirty-four thousand one hundred acre feet of water per year chargeable to the water apportioned to the state of Arizona under the provisions of article III,  section (a) (1) of the upper Colorado river basin compact (act of April 6,  1949;  63 Stat. 31) for the operation of a thermal generating plant to be located in the state of Arizona and for the benefit of all of the participants in such thermal generating plant is hereby approved.
B. The phrase " for the operation of a thermal generating plant" ,  as used in this section,  shall include the use of water for thermal generation of electric energy and all other purposes necessary or related to the operation of the thermal generating plant,  including but not limited to mining,  coal transportation and ash disposal.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-171 - Effect of chapter on vested water rights

45-171.
Effect of chapter on vested water rights
Nothing in this chapter shall impair vested rights to the use of water,  affect relative priorities to the use of water determined by a judgment or decree of a court,  or impair the right to acquire property by the exercise of the right of eminent domain when conferred by law. The right to take and use water shall not be impaired or affected by the provisions of this chapter when appropriations have been initiated under and in compliance with prior existing laws and the appropriators have in good faith and in compliance with such laws commenced the construction of works for application of the water so appropriated to a beneficial use and prosecuted the work diligently and continuously,  but the rights shall be adjudicated as provided in this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-172.01 - Flood damaged acres; substitution of acres; definitions

45-172.01.
Flood damaged acres;  substitution of acres;  definitions
A. Notwithstanding section 45-172,  a person who owns acres of land that may be irrigated may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same farm unit under common ownership if the owner notifies the director that both of the following apply:
1. The irrigated acres were damaged by floodwaters after being irrigated.
2. It is not economically feasible to restore the flood damaged acres to irrigation use.
B. The substitution of acres as prescribed in this section does not affect the person's existing or vested rights to the use of water,  except as to place of use,  and any water diverted or used after the substitution of acres shall not exceed the vested rights to water that exist at the time of substitution.
C. The director shall post the notice prescribed by this section on the department's website.
D. For the purposes of this section:
1. " Farm unit"  means one or more farms that are contiguous or in close proximity to each other,  that are operated on a unitary basis and that are served water from the same water source by a water distribution system common to the irrigated land.
2. " Floodwaters"  means a temporary and erosive overflow of waters on lands that are not normally covered by water.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-172.02 - Impediments to efficient irrigation; substitution of acres; definitions

45-172.02.
Impediments to efficient irrigation;  substitution of acres;  definitions
A. Notwithstanding section 45-172,  a person who owns acres of land that are contiguous and that may be irrigated may permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres if the owner notifies the director that all of the following apply:
1. A limiting condition associated with the acres to be retired from irrigation substantially impedes implementing efficient irrigation practices on the irrigated acres.
2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate implementing efficient irrigation practices.
3. The substitute acres are within the same farm unit under common ownership as the irrigated acres that will not be retired.
4. If the acres to be retired are located within the exterior boundaries of an irrigation district,  the substitute acres must be located within the exterior boundaries of the same irrigation district.
5. The area of land within the substitute acres that is physically capable of being irrigated at the time the notice of substitution of acres is filed does not exceed the area of land within the acres to be retired that is physically capable of being irrigated at the time the notice of substitution of acres is filed.
B. The substitution of acres as prescribed in this section does not affect the person's existing or vested rights to the use of water,  except as to place of use,  and any water diverted or used after the substitution of acres shall not exceed the vested rights to water that exist at the time of substitution.
C. The director shall post the notice prescribed by this section on the department's website.
D. For the purposes of this section:
1. " Farm unit"  means one or more farms that are contiguous or in close proximity to each other,  that are operated on a unitary basis and that are served water from the same water source by a water distribution system common to the irrigated land.
2. " Limiting condition"  means any condition that limits the achievement of efficient irrigation on the irrigated acres,  including irregularly shaped irrigated acres and poor quality soils.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-173 - Use of natural waterway to carry water of another or for other water projects; dispute over division of waters

45-173.
Use of natural waterway to carry water of another or for other water projects;  dispute over division of waters
A. Although the waters which naturally flow in the natural channel of a stream have been previously appropriated and put to beneficial use by others,  the channel may be used to carry water of another or used for the location of an underground storage facility pursuant to chapter 3.1 of this title,  if such use can be made without diminishing the quantity of water which naturally flows therein the use of which has been appropriated.
B. When the parties interested cannot agree upon the division of the water turned into the natural channel from the water naturally flowing therein,  or if it is difficult to ascertain the amount to which each party is entitled,  the water superintendent of the district shall make the division.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-174 - Using bed of stream as carrier of reservoir waters

45-174.
Using bed of stream as carrier of reservoir waters
When the owner of a reservoir desires to use the bed of a stream or other watercourse for the purpose of carrying water from the reservoir to the consumer,  he shall in writing notify the water superintendent of the district in which the water is to be used,  giving the date when it is desired to discharge water from the reservoir,  its volume,  and the names of all persons and ditches entitled to its use. The superintendent shall supervise the opening of the reservoir gates and close or adjust the head gates of all ditches from the watercourse not entitled to the use of the stored water so that persons having the right will receive the water to which they are entitled.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-175 - Chronological preference to water in times of scarcity

45-175.
Chronological preference to water in times of scarcity
During years when a scarcity of water exists,  owners of lands shall have preference to the water for irrigation according to the dates of their appropriation or their occupation of the lands,  either by themselves or their grantors. The oldest titles shall have precedence.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-181 - Definitions

45-181.
Definitions
In this article,  unless the context otherwise requires:
1. " Beneficial use"  includes but is not limited to use for domestic,  municipal,  recreation,  wildlife,  including fish,  agricultural,  mining,  stockwatering and power purposes.
2. " Person"  means any individual,  partnership,  association,  public or private corporation,  city or other municipality,  county or state agency,  a recognized Indian tribe and the United States of America when claiming water rights established under the laws of this state.
3. " Public waters"  or " water"  means waters of all sources flowing in streams,  canyons,  ravines or other natural channels or in definite underground channels,  whether perennial or intermittent,  flood,  waste or surplus water,  and of lakes,  ponds and springs on the surface.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-182 - Claim of right to withdraw, divert or use public waters; exception; administration by director of water resources

45-182.
Claim of right to withdraw,  divert or use public waters;  exception;  administration by director of water resources
A. Except as provided by subsections B and E of this section,  all persons who before March 17,  1995 were using and claiming the right to withdraw or divert and make beneficial use of public waters of the state based on state law shall file not later than ninety days before the date of the filing of the director's final report pursuant to section 45-256 for the subwatershed in which the claimed right is located a statement of claim for each water right asserted,  on a prescribed form. The filing by any person on behalf of its members or users shall constitute the required filing of the individual users under this section.
B. The requirement of the filing of a statement of claim shall not apply to any of the following:
1. Any water rights issued pursuant to a permit or certificate issued pursuant to law.
2. Rights acquired to the use of the mainstream waters of the Colorado river.
3. Rights acquired or validated by contract with the United States of America,  court decree or other adjudication.
C. The director succeeds to the administration of this article and may adopt such rules as may be necessary to do so. Such rules supersede those previously adopted by the state land department and the Arizona water commission relating to this article.
D. A person who before March 17,  1995 was using and claimed the right to withdraw or divert and make beneficial use of public waters of the state based on state law and who is exempt from filing pursuant to subsection B of this section is permitted to file a statement of claim of right under this article for each water right asserted not later than ninety days before the date of filing of the director's final report pursuant to section 45-256 for the subwatershed or federal reservation in which the claimed right is located. Any statement of claim of right filed pursuant to this section may be amended at any time before ninety days before the filing of the director's final report pursuant to section 45-256 for the subwatershed or federal reservation in which the claimed right is located.
E. Water right claims may be asserted under this article for uses,  diversions or withdrawals of public waters of the state based on state law and initiated at any time before March 17,  1995. A claim may not be asserted under this article for uses,  diversions or withdrawals of public waters of the state initiated on or after March 17,  1995. Any person who before March 17,  1995 filed a statement of claim for a water right under this article is not required to file another statement of claim for the same water right after March 17,  1995.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-183 - Contents of statement of claim; filing procedure; fee

45-183.
Contents of statement of claim;  filing procedure;  fee
A. The statement of claim for each water right shall include the following:
1. The name and mailing address of the person filing the claim.
2. The name of the watercourse or water source from which the right to divert or make use of water is claimed.
3. The quantities of water and times of year use is claimed.
4. The legal description to the nearest forty-acre tract or by other appropriate description of the point or points of diversion and place of use of the waters.
5. The purpose and extent of use.
6. The approximate dates of first putting water to beneficial use for the various amounts and times claimed in paragraph 3 of this subsection.
7. The legal basis for the claim.
8. The sworn statement that the claim set forth is true and correct.
B. A statement of claim for a water right may be verified by the person claiming the right or may be verified by an authorized agent of such person.
C. Filing of a statement of claim shall be complete upon timely receipt by the department of a properly executed statement of claim and a five dollar filing fee for each such claim. The director shall deposit,  pursuant to sections 35-146 and 35-147,  the fees received pursuant to this subsection in the water resources fund established by section 45-117.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-184 - Waiver and relinquishment of water right

45-184.
Waiver and relinquishment of water right
Any person who is claiming the right to divert or withdraw public waters of the state based on state law and who fails to file a statement of claim as provided in this article shall have waived and relinquished any right,  title or interest in that right.