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2023 Arizona Revised Statutes › Title 45 - Waters › § 45-331 - Definitions

45-331.
Definitions
In this article,  unless the context otherwise requires:
1. " Consumptive use"  means,  for any water user for any program year,  the consumptive use as recorded in the final accounting for the most recent calendar year for which a final accounting is available,  or if none is recorded,  the amount of diversions so recorded.
2. " Final accounting"  means,  for any calendar year,  the United States bureau of reclamation's final compilation of records of Colorado river diversions,  return flows and consumptive uses for the year,  compiled pursuant to article V(b) of the decree of the United States supreme court in Arizona v. California,  376 U.S. 340 (1964).
3. " Lower Colorado river multispecies conservation program"  or " program"  means the cooperative effort among agencies of the federal government and agencies and political subdivisions of the states of Arizona,  California and Nevada and other local public and private parties with a common interest in the water and related resources of the lower Colorado river,  including the historic floodplain and reservoirs to the full pool elevations,  to provide the basis for compliance with sections 7 and 10(a)(1)(B) of the endangered species act of 1973 (P.L. 93-205;  87 Stat. 884;  16 United States Code sections 1536 and 1539).
4. " Program year"  means the twelve month period beginning October 1 of any calendar year and ending September 30 of the following calendar year.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-332 - Cooperation in lower Colorado river multispecies conservation program

45-332.
Cooperation in lower Colorado river multispecies conservation program
On behalf of the department,  the director may enter into one or more agreements with a multi-county water conservation district and other parties for participation in the lower Colorado river multispecies conservation program,  including the collection of one or more fees under this article for purposes of the lower Colorado river multispecies conservation program.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-333 - Colorado river water use fee; purpose

45-333.
Colorado river water use fee;  purpose
A. The director may assess and collect annual Colorado river water use fees from each person who diverts and consumptively uses water in this state from the mainstream of the Colorado river as recorded in the final accounting. This fee does not apply to persons who are paying fees and are current in their payments under agreements with a multi-county water conservation district and other parties for participation in the lower Colorado river multispecies conservation program with respect to the use of Colorado river water.
B. The director shall set the amount of a fee under this section each year according to the guidelines in section 45-334.
C. Any monies collected pursuant to this section shall be segregated from other revenues and deposited,  pursuant to sections 35-146 and 35-147,  in a fund designated as the Colorado river water use fee clearing account. Each month,  on notification by the director,  the state treasurer shall pay all of the monies in the clearing account to an account designated by a multi-county water conservation district established under title 48,  chapter 22 to be used solely for the lower Colorado river multispecies conservation program and for no other purpose.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-334 - Setting Colorado River water use fee

45-334.
Setting Colorado River water use fee
A. In setting Colorado River water use fees under this article:
1. Not later than July 1 of each year,  the director shall set the Colorado River water use fees for the following program year. The director shall consider the following in setting the amount of the fees:
(a) The consumptive use for that program year by the persons to whom the fee will be assessed.
(b) The payment obligations that apply to similar water users under agreements to fund the lower Colorado River multispecies conservation program.
(c) The amount of monies necessary to fund the lower Colorado River multispecies conservation program for that program year.
(d) The amount of monies expected to be available to fund the lower Colorado River multispecies conservation program during the program year from other sources.
2. The director may establish classes of water users for the purpose of assigning graduated fee rates to the respective classes.
3. The director shall consider the date of any contract or other right to use Colorado River water and the type of water use when assigning fee rates.
4. The director shall enter in the department's records a statement of the fees for the following program year and transmit a copy of the statement to the state treasurer.
5. Before setting the fees,  the director shall consult with representatives of the water users which will be assessed for the fees. The director shall publish notice of the fees and provide a comment period of at least thirty days before setting the final fee amounts.
6. Within thirty days after the director sets fees for a program year,  the director shall give written notice of the fees to each person with consumptive use.
7. The director shall calculate the total amount of the fee that a person must pay for the consumptive use of Colorado River water for a program year by multiplying the applicable annual fee for that program year by the consumptive use for the person for the program year. The director may reduce the amount of a person's fee by the value of any services or tangible assets,  including land or water,  contributed by the person to,  and accepted by,  the federal government for use in the lower Colorado River multispecies conservation program.
B. The director shall give written notice of the total amount of the fee that a person must pay under this section no later than August 15 before the beginning of the program year.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-335 - Payment of fee; penalty for delinquency

45-335.
Payment of fee;  penalty for delinquency
A. If the director assesses a fee pursuant to this article in any year,  a person to whom the fee is assessed must pay the fee within forty-five days after the person receives written notice of the total amount of the fee from the director.
B. If a person fails to pay the fee when due,  the director may assess and collect a penalty of ten per cent of the unpaid fee,  without compounding,  for each month or portion of a month that the fee is delinquent. The total penalty assessed shall not exceed sixty per cent of the unpaid fee. An action to recover penalties under this subsection shall be brought in the superior court in Maricopa county. Any penalties collected shall be deposited,  pursuant to sections 35-146 and 35-147,  in the Colorado river water use fee clearing account established pursuant to section 45-333.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-341 - Definitions

45-341.
Definitions
In this article,  unless the context otherwise requires:
1. " Community water system"  means a public water system that serves at least fifteen service connections used by year-round residents of the area served by the system or that regularly serves at least twenty-five year-round residents of the area served by the system. A person is a year-round resident of the area served by a system if the person s primary residence is served water by that system.
2. " Large community water system"  means a community water system that serves water to more than one thousand eight hundred fifty persons.
3. " Public water system"  means an entity that distributes or sells water and that qualifies as a public water system under section 49-352,  subsection B.
4. " Small community water system"  means a community water system that does not qualify as a large community water system.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-351 - Watershed improvement program; purpose; projects; funding

45-351.
Watershed improvement program;  purpose;  projects;  funding
A. The watershed improvement program is established in the department under the authority of the director for the purpose of selective control,  reduction or removal of noxious brush and other vegetation and for the revegetation of land on which brush and vegetation has been controlled,  reduced or removed.
B. The watershed improvement program may provide funding for projects that are designed to control,  reduce or remove brush from a watershed or a portion of a watershed,  consistent with the purposes of the program.
C. Any person,  organization or political subdivision is eligible to apply for project funding from the program.
D. The watershed improvement program shall be funded from any monies made available for that purpose from the Arizona water protection fund established by section 45-2111,  from any monies made available for that purpose from the department and from any other monies received by the program.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-352 - Program administration; rules; project criteria; report

45-352.
Program administration;  rules;  project criteria;  report
A. The department shall adopt rules to carry out the purposes of this article,  including rules that prescribe criteria for project proposals and that establish priorities for projects for each funding cycle,  including a priority for projects that balance the most critical needs.
B. The department may employ or contract with persons as reasonably necessary to implement this article.
C. The department shall report to the speaker of the house of representatives,  the president of the senate and the governor on or before December 31 each year regarding the activities of the watershed improvement program during the preceding fiscal year and shall provide a copy of the report to the secretary of state. The department shall make the report available to the public by posting the report on the department's website.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-401 - Declaration of policy

45-401.
Declaration of policy
A. The legislature finds that the people of Arizona are dependent in whole or in part upon groundwater basins for their water supply and that in many basins and sub-basins withdrawal of groundwater is greatly in excess of the safe annual yield and that this is threatening to destroy the economy of certain areas of this state and is threatening to do substantial injury to the general economy and welfare of this state and its citizens. The legislature further finds that it is in the best interest of the general economy and welfare of this state and its citizens that the legislature evoke its police power to prescribe which uses of groundwater are most beneficial and economically effective.
B. It is therefore declared to be the public policy of this state that in the interest of protecting and stabilizing the general economy and welfare of this state and its citizens it is necessary to conserve,  protect and allocate the use of groundwater resources of the state and to provide a framework for the comprehensive management and regulation of the withdrawal,  transportation,  use,  conservation and conveyance of rights to use the groundwater in this state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-403 - Designation of groundwater basins and sub-basins; hearing

45-403.
Designation of groundwater basins and sub-basins;  hearing
A. Within eighteen months of the effective date of this section,  the director shall propose boundaries for all groundwater basins and sub-basins of groundwater basins in this state not included within initial active management areas established pursuant to section 45-411.
B. Within twenty-four months of the effective date of this section,  the director shall hold public hearings to consider the final boundaries of groundwater basins and sub-basins in this state not included within initial active management areas established pursuant to section 45-411. The director shall give reasonable notice of the hearing appropriate to the circumstances which shall include the publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed groundwater basin is located. Any notice shall contain the time and place of the hearing,  the legal description and a map clearly identifying and describing all lands to be included in the proposed groundwater basin and any sub-basin and any other information the director deems necessary.
C. The hearings shall be held at the county seat of the county in which the major portion of the land in the proposed groundwater basin is located as soon as practicable but no less than thirty days and no more than sixty days after the first publication of the notice of the hearing. At the hearing,  the director shall present the factual data in his possession in support of the proposed action. Any person may appear at the hearing,  either in person or by representative,  and submit oral or documentary evidence for or against the proposed action. In making his determination,  the director shall give full consideration to public comment and to recommendations made by local political subdivisions.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-404 - Findings on hearing; maps; order for boundaries of groundwater basin; review and modification of boundaries

45-404.
Findings on hearing;  maps;  order for boundaries of groundwater basin;  review and modification of boundaries
A. Within sixty days after the hearing,  the director shall make and file in the director's office written findings with respect to matters considered during the hearing. For each groundwater basin,  the director shall prepare and file in the director's office:
1. A map clearly identifying all lands included within the groundwater basin and its sub-basins.
2. Factual data justifying the boundaries of the groundwater basin and its sub-basins.
3. An order designating the boundaries of each groundwater basin and its sub-basins.
B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing,  and the order is effective when published for the final time. The materials required by subsection A of this section and a transcript of the hearing are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114,  subsection C.
C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the groundwater basin is located.
D. The director may,  as conditions require and factual data justify,  review and modify the boundaries of any groundwater basin or any sub-basin of a groundwater basin except for groundwater basins and sub-basins of a groundwater basin that are included within an initial active management area. The review and modification of boundaries of a groundwater basin or sub-basin included within a subsequent active management area or irrigation non-expansion area shall follow procedures set forth in sections 45-417 and 45-438. Any modification of boundaries designated pursuant to this article shall follow as closely as practicable the procedural requirements of section 45-403 and this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-405 - Judicial review of decisions of the director; assignment of actions for judicial review

45-405.
Judicial review of decisions of the director;  assignment of actions for judicial review
A. This section and sections 45-406 and 45-407 govern all actions for judicial review of decisions of the director under this chapter,  except those decisions made pursuant to section 45-476.01,  subsection E. An action for judicial review under this chapter extends to all questions of law and fact presented by the record.
B. Administrative and public hearings shall be recorded manually or electronically. If the person seeks judicial review of a decision of the director,  a transcript shall be made as provided by law.
C. Each action for judicial review under this chapter shall be assigned to a judge whom the chief justice of the supreme court has specifically designated,  pursuant to section 45-406,  to hear actions for judicial review under this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-406 - Designation of judges; publication of designated judges

45-406.
Designation of judges;  publication of designated judges
A. The chief justice of the supreme court shall designate at least one judge,  but not more than five judges,  of the superior court to hear actions for judicial review under this chapter. The chief justice of the supreme court shall also specify the particular county or counties for which each designated judge will be available for assignment.
B. The supreme court shall publish in the rules of the supreme court the name of each designated judge and the county or counties in which each designated judge will be available for assignment.
C. The presiding judge for the county in which an action for judicial review has been filed under this chapter shall assign the action for judicial review to the appropriate judge designated by the chief justice of the supreme court and shall advise in writing the presiding judge and clerk of the superior court in the county in which the designated judge ordinarily sits about the assignment.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-407 - Stay of director's decision; precedence of actions for judicial review; review by the court of appeals

45-407.
Stay of director's decision;  precedence of actions for judicial review;  review by the court of appeals
A. The decision of the director shall not be stayed pending an action for judicial review,  except that the judge to whom the action for judicial review has been assigned may stay the decision of the director with or without bond upon a showing of good cause. In determining if good cause exists under the circumstances,  the court may consider whether:
1. The public interest will be adversely affected by a stay.
2. The stay will harm others.
3. There is a high probability that the appellant will succeed on the merits.
4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.
B. For the benefit of the people of this state,  actions for judicial review under this chapter have precedence,  in every court,  over all other civil proceedings.
C. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-411 - Initial active management areas; maps

45-411.
Initial active management areas;  maps
A. Four initial active management areas are established on the effective date of this section. The four initial active management areas are:
1. The Tucson active management area which includes the upper Santa Cruz and Avra valley sub-basins.
2. The Phoenix active management area which includes the east Salt river valley,  west Salt river valley,  Fountain Hills,  Carefree,  lake Pleasant,  Rainbow valley and Hassayampa sub-basins.
3. The Prescott active management area which includes the Little Chino and upper Agua Fria sub-basins.
4. The Pinal active management area which includes the Maricopa-Stanfield,  Eloy,  Aguirre valley,  Santa Rosa valley and Vekol valley sub-basins.
B. The boundaries of the initial active management areas established under subsection A of this section are shown on the maps filed in the office of the secretary of state on the effective date of this chapter.
C. A true copy of the maps identifying the initial active management areas established under subsection A of this section shall be on file in the department and shall be available for examination by the public during regular business hours. A true copy of the map of each initial active management area established under subsection A of this section shall also be filed in the office of the county recorder of the county or counties in which the active management area is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-411.02 - Modification of boundaries of Tucson active management area; map

45-411.02.
Modification of boundaries of Tucson active management area;  map
A. Beginning July 1,  1994,  the boundaries of the Tucson active management area are modified to exclude the portion of the upper Santa Cruz valley sub-basin included within the Santa Cruz active management area on that date. The modified boundaries of the Tucson active management area are shown on the map filed in the office of the secretary of state on June 10,  1994.
B. A true copy of the map identifying the modified boundaries of the Tucson active management area shall be on file in the department and shall be available for examination by the public during regular business hours. A true copy of the map shall also be filed in the office of the county recorder in the counties in which the active management area is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-411.03 - Santa Cruz active management area; map

45-411.03.
Santa Cruz active management area;  map
A. Beginning July 1,  1994,  the Santa Cruz active management area is established as an initial active management area which consists of a portion of the upper Santa Cruz valley sub-basin. The boundaries of the Santa Cruz active management area are shown on the map filed in the office of the secretary of state on June 10,  1994.
B. A true copy of the map identifying the boundaries of the Santa Cruz active management area shall be on file in the department and shall be available for examination by the public during regular business hours. A true copy of the map shall also be filed in the office of the county recorder in the counties in which the active management area is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-411.04 - Declaration of policy and intent; Santa Cruz active management area

45-411.04.
Declaration of policy and intent;  Santa Cruz active management area
A. The legislature finds that the hydrology and water resource management issues within the upper Santa Cruz river basin are unique due to the international nature of the river basin. The Tucson active management area includes areas beyond the one hundred kilometer border region established by treaties and agreements between the United States and Mexico relating to environmental issues. It is the finding of the legislature that a new active management area is needed in the immediate vicinity of the United States/Mexico border for the upper Santa Cruz river basin in order to facilitate binational negotiations for coordinated management of the water resources of the Santa Cruz river. It is the further finding of the legislature that the proposed boundaries designated for the Santa Cruz active management area are based on hydrologic parameters,  such that the portion of the Santa Cruz river in Arizona has similar hydrologic characteristics with that portion of the Santa Cruz river in the State of Sonora,  Mexico.
B. The legislature also finds that the coordinated management of surface water rights and groundwater rights set forth in this enactment has been specifically designed to address the unique problems for water resource management that are described in subsection A of this section and that are posed by the hydrology of the upper Santa Cruz river. Coordinated management of surface water rights and groundwater rights is necessary in the area designated as the Santa Cruz active management area for public health,  safety and welfare reasons.
C. It is the express intent of the legislature that the creation of the Santa Cruz active management area is not to affect the definition of,  or rights to,  the surface waters and the groundwaters within this state,  or to establish any precedent that could be used in a court of law to define,  limit,  or extend the rights of this state or the United States of America over the surface waters and groundwaters found within this state or to define or limit the legal distinction between surface water and groundwater in this state.
D. The legislature finds that the varied water interests within the Santa Cruz active management area have sought the creation of this active management area to facilitate their own participation in the coordinated management of the water resources within this active management area and participation in the negotiations for binational coordination of water resource planning for the upper Santa Cruz active management area. While the coordinated management can include all naturally occurring waters within the basin,  it is not the intent of any party in the Santa Cruz active management area or this legislature to modify or amend in any way the fundamental laws and rights to surface water and groundwater pursuant to the laws of this state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-412 - Subsequent active management areas; criteria; review of groundwater basins not subject to active management

45-412.
Subsequent active management areas;  criteria;  review of groundwater basins not subject to active management
A. The director may designate an area which is not included within an initial active management area,  pursuant to section 45-411,  as a subsequent active management area if the director determines that any of the following exists:
1. Active management practices are necessary to preserve the existing supply of groundwater for future needs.
2. Land subsidence or fissuring is endangering property or potential groundwater storage capacity.
3. Use of groundwater is resulting in actual or threatened water quality degradation.
B. An active management area designated pursuant to this section may include more than one groundwater basin but shall not be smaller than a groundwater basin or include only a portion of a groundwater basin,  except for the regional aquifer systems of northern Arizona.
C. The director shall periodically review all areas which are not included within an active management area to determine whether such areas meet any of the criteria for active management areas as prescribed in this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-413 - Hearing on designation of subsequent active management areas and boundaries; notice; procedures

45-413.
Hearing on designation of subsequent active management areas and boundaries;  notice;  procedures
A. If the director proposes to designate a subsequent active management area pursuant to section 45-412,  subsection A,  the director shall hold a public hearing to consider:
1. Whether to issue an order declaring the area an active management area.
2. The boundaries and any sub-basins of the proposed active management area.
B. The director shall give reasonable notice of the hearing under the circumstances which shall include publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed active management area is located. Any notice shall contain the time and place of the hearing,  the legal description and a map clearly identifying and describing all lands to be included in the proposed active management area and any sub-basins and any other information the director deems necessary.
C. The hearing shall be held at a location within the proposed active management area as soon as practicable but no less than thirty days and no more than sixty days after the first publication of the notice of hearing. At the hearing,  the director shall present the factual data in his possession in support of the proposed action. Any person may appear at the hearing,  either in person or by representative,  and submit oral or documentary evidence for or against the proposed action. In making his determination,  the director shall give full consideration to public comment and to recommendations made by local political subdivisions.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-414 - Findings upon hearing; order for active management area; publication

45-414.
Findings upon hearing;  order for active management area;  publication
A. Within thirty days after the hearing,  the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an active management area,  the director shall make and file an order designating the active management area.
B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing,  and the order is effective when published for the final time. All factual data compiled by the director,  a transcript of the hearing,  a copy of the findings and a map identifying the lands included in the active management area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114,  subsection C.
C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the active management area is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-416 - Limitation on number of irrigated acres

45-416.
Limitation on number of irrigated acres
A. If the director initiates the procedure for designating a subsequent active management area or the board of supervisors calls an election to establish an active management area,  an irrigation user may irrigate within the proposed active management area only acres of land which were legally irrigated at any time during the five years preceding the date of the notice of the initiation of designation procedures or the call for the election.
B. The limitation on the acres which may be irrigated shall continue in effect until the director makes a final determination pursuant to section 45-414 or the final results of an election to establish an active management area pursuant to section 45-415 are certified by the board of supervisors of the county or counties in which the proposed subsequent active management area is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-417 - Review and modification of boundaries of subsequent active management area

45-417.
Review and modification of boundaries of subsequent active management area
A. The director may review and modify the boundaries of a subsequent active management area or any of its sub-basins as conditions require and factual data justify.
B. The director shall review the boundaries of a subsequent active management area or any of its sub-basins upon receipt of a petition signed by persons who together withdraw not less than one-fourth of the groundwater withdrawn in the active management area or by request of the groundwater users advisory council in the active management area.
C. Before modifying the boundaries of a subsequent active management area or any of its sub-basins the director shall give notice of and hold a hearing on the proposed modifications pursuant to the procedures prescribed by section 45-413. After the hearing,  the director shall prepare written findings pursuant to section 45-414.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-418 - Area director; appointment; qualifications; compensation

45-418.
Area director;  appointment;  qualifications;  compensation
A. The director shall appoint an area director for each active management area. For reasons of economy and efficiency in administration,  one person may be the area director for more than one active management area. The area director shall serve at the pleasure of the director.
B. The area director is subject to title 41,  chapter 4,  article 4 and is entitled to receive compensation as determined pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-419 - Duties of area director

45-419.
Duties of area director
The area director shall:
1. Assist the director in the development of the management plan for the active management area and implement the plan under the director's supervision.
2. Have such other duties as the director may assign and shall be responsible to the director for the performance of such duties.
3. Furnish technical and clerical services and such other assistance to the groundwater users advisory council as is required,  to the extent funds are made available for such assistance.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-420 - Groundwater users advisory councils; appointment; representation of water users; term; compensation

45-420.
Groundwater users advisory councils;  appointment;  representation of water users;  term;  compensation
A. There shall be a groundwater users advisory council in each active management area consisting of five members. Members of the council shall be appointed by the governor to represent the users of groundwater in the active management area and on the basis of their knowledge of,  interest in and experience with problems relating to the development,  use and conservation of water.
B. The term of office of each member is six years. The terms of two members shall expire on the third Monday of January each even numbered year,  except that each third even numbered year the term of one member shall expire.
C. Members of the council shall serve without compensation,  except that each member shall be reimbursed for travel and subsistence while engaged in business of the council in the same manner as is provided by law for state officers.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-421 - Administrative duties of the groundwater users advisory councils

45-421.
Administrative duties of the groundwater users advisory councils
The groundwater users advisory council shall:
1. Advise the area director for the active management area,  make recommendations on groundwater management programs and policies for the active management area and comment to the area director and to the director on draft management plans for the active management area before they are promulgated by the director.
2. Keep the minutes of its meetings and all records,  reports and other information relative to its work and programs in permanent form indexed and systematically filed.
3. Elect from its members a chairman and vice-chairman for terms of two years expiring on the third Monday of January of each even numbered year.
4. Designate the person or persons who shall execute all documents and instruments on behalf of the council.
5. Manifest and record its actions by motion,  resolution or other appropriate means.
6. Make a complete record of its proceedings which shall be open to public inspection during regular business hours in the branch office of the department in the active management area.
7. Provide comment to the Arizona water banking authority with regard to draft plans for additional storage facilities and draft plans of operation in accordance with sections 45-2453 and 45-2456.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-431 - Initial irrigation non-expansion areas

45-431.
Initial irrigation non-expansion areas
The Douglas critical groundwater area and the Joseph City critical groundwater area,  delineated in the orders of the state land commissioner dated May 5,  1965 and December 16,  1974,  respectively,  are designated as initial irrigation non-expansion areas on the effective date of this chapter and are governed by the provisions of this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-432 - Subsequent irrigation non-expansion areas; designation; review

45-432.
Subsequent irrigation non-expansion areas;  designation;  review
A. The director may designate an area which is not included within an active management area as a subsequent irrigation non-expansion area if the director determines that both of the following apply:
1. There is insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands in the area at the current rates of withdrawal.
2. The establishment of an active management area pursuant to section 45-412 is not necessary.
B. An irrigation non-expansion area established pursuant to this section may include more than one groundwater sub-basin but shall not be smaller than a groundwater sub-basin or include only a portion of a groundwater sub-basin.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-433 - Local initiation for designation; procedures

45-433.
Local initiation for designation;  procedures
A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either:
1. Not less than twenty-five irrigation users of groundwater,  or one-fourth of the irrigation users of groundwater within the boundaries of the groundwater basin or sub-basin specified in the petition.
2. Ten per cent of the registered voters residing within the boundaries of the groundwater basin or sub-basin specified in the petition as of the most recent report compiled by the county recorder in compliance with section 16-168,  subsection G. The form of the petition shall be the same as for an initiative petition and the applicant for such petition shall comply with the provisions of section 19-111. If a groundwater basin or sub-basin is located in two or more counties,  the number of registered voters required to sign the petition shall be ten per cent of the registered voters residing within the boundaries of the groundwater basin or sub-basin,  as of the most recent report compiled by the county recorder in compliance with section 16-168,  subsection G,  within the county in which the plurality of the registered voters in the groundwater basin or sub-basin resides.
B. Upon receipt of a petition pursuant to subsection A,  paragraph 2 of this section,  the director shall transmit the petition to the county recorder of each county in which the groundwater basin or sub-basin is located for verification of signatures. In addition,  the director shall transmit a map of the groundwater basin or sub-basin to the county recorder of each such county included. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or sub-basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or sub-basin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin or sub-basin.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-434 - Limitation on number of irrigated acres

45-434.
Limitation on number of irrigated acres
A. If procedures are initiated,  whether by the director or by petition,  for designating an irrigation non-expansion area,  an irrigation user may irrigate within the proposed irrigation non-expansion area only acres of land which were irrigated at any time during the five years preceding the date of the notice of the initiation of designation procedures.
B. The limitation on the acres which may be irrigated shall continue in effect until the director makes a final determination pursuant to section 45-436.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-435 - Hearing on designation of subsequent irrigation non-expansion areas and boundaries; notice; procedures

45-435.
Hearing on designation of subsequent irrigation non-expansion areas and boundaries;  notice;  procedures
A. If the director finds that an area which is not included within an active management area meets the criteria specified in section 45-432,  or a petition is filed pursuant to section 45-433,  the director shall hold a public hearing to consider:
1. Whether to issue an order declaring the area an irrigation non-expansion area.
2. The boundaries of the proposed irrigation non-expansion area.
B. The director shall give reasonable notice of the hearing under the circumstances which shall include the publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed irrigation non-expansion area is located. Any notice shall contain the time and place of the hearing,  the legal description and a map clearly identifying and describing all lands to be included in the proposed irrigation non-expansion area and any other information the director deems necessary.
C. The hearing shall be held at a location in the county in which the major portion of the proposed irrigation non-expansion area is located no less than thirty days but no more than sixty days after the first publication of the notice of the hearing. At the hearing,  the director shall present the factual data in his possession in support of or in opposition to the proposed action. Any person may appear at the hearing,  either in person or by representative,  and submit oral or documentary evidence for or against the proposed action. In making his determination,  the director shall give full consideration to public comment and to recommendations made by local political subdivisions.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-436 - Findings upon hearing; order for irrigation non-expansion area; publication

45-436.
Findings upon hearing;  order for irrigation non-expansion area;  publication
A. Within thirty days after the hearing,  the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an irrigation non-expansion area,  the director shall make and file an order designating the irrigation non-expansion area.
B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing,  and the order is effective when published for the final time. All factual data compiled by the director,  a transcript of the hearing,  a copy of the findings and a map identifying the lands included in the irrigation non-expansion area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114,  subsection C.
C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the irrigation non-expansion area is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-437.01 - Substitution of irrigated acreage in an irrigation district; central Arizona project water

45-437.01.
Substitution of irrigated acreage in an irrigation district;  central Arizona project water
In an irrigation non-expansion area,  a person who owns acres of land which may be irrigated pursuant to section 45-437 may apply to the director during the central Arizona project contracting period,  but no later than January 1,  1995,  to permanently retire all or a portion of such acres from irrigation and to irrigate conjunctively with central Arizona project water the same number of substitute acres. The director may approve the substitution of acres if the director determines that all of the following exist:
1. The acres to be retired from irrigation and the substitute acres are located outside of the exterior boundaries of the service area of a city,  town or private water company and such acres are located within the same irrigation district and the same sub-basin.
2. Central Arizona project water available to the irrigation district within which the acres are located will be adequate to supply the substitute acres.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-437.02 - Flood damaged acres; substitution of acres; definitions

45-437.02.
Flood damaged acres;  substitution of acres;  definitions
A. In an irrigation non-expansion area,  a person who owns acres of land which may be irrigated pursuant to section 45-437 may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same irrigation non-expansion area if the owner demonstrates to the director's satisfaction that all of the following apply:
1. The legally 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. For purposes of this section:
1. " Floodwaters"  means a temporary and erosive overflow of waters on lands not normally covered by water which occurred after January 1,  1975.
2. " Legally irrigated acres"  means acres which may be irrigated pursuant to section 45-437.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-437.03 - Impediments to efficient irrigation; substitution of acres; definitions

45-437.03.
Impediments to efficient irrigation;  substitution of acres;  definitions
A. In an irrigation non-expansion area,  a person who owns acres of land which are contiguous and which may be irrigated pursuant to section 45-437 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres. The director may approve the substitution of acres if the owner demonstrates to the director's satisfaction that all of the following apply:
1. A limiting condition associated with the acres to be retired from irrigation substantially impedes the implementation of more efficient irrigation practices on the legally irrigated acres.
2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate the implementation of more efficient irrigation practices.
3. The substitute acres are within the same farm unit as the legally irrigated acres that will not be retired.
4. The substitution will not reduce the number of acres of land within the farm unit that are eligible to receive central Arizona project water.
5. If the acres to be retired are located within the exterior boundaries of an irrigation district,  the substitute acres will be located within the exterior boundaries of the same irrigation district.
6. The area of land within the substitute acres that is physically capable of being irrigated at the time the application for 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 application for substitution of acres is filed.
B. For purposes of this section:
1. " Legally irrigated acres"  means acres of land which are contiguous and which may be irrigated pursuant to section 45-437.
2. " Limiting condition"  means any condition that limits the achievement of more efficient irrigation on the legally irrigated acres,  including irregularly shaped legally irrigated acres and poor quality soils.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-438 - Review and modification of boundaries of irrigation non-expansion areas

45-438.
Review and modification of boundaries of irrigation non-expansion areas
A. The director may review and modify the boundaries of an irrigation non-expansion area as conditions require and factual data justify.
B. The director shall review the boundaries of an irrigation non-expansion area upon receipt of a petition signed by persons who together withdraw not less than one-fourth of the groundwater withdrawn in the irrigation non-expansion area.
C. Before modifying the boundaries of an irrigation non-expansion area,  the director shall give notice of and hold a hearing on the proposed modifications pursuant to the procedures prescribed by section 45-435. After the hearing,  the director shall prepare written findings pursuant to section 45-436.