reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-511 - Definitions

45-511.
Definitions
In this article,  unless the context otherwise requires:
1. " General industrial use"  means a non-irrigation use of groundwater except those subject to permits issued pursuant to sections 45-513 and 45-514 and those for which a certificate of assured water supply is required pursuant to section 45-576. General industrial use includes animal industry use.
2. " Permit"  means a permit to withdraw groundwater which is issued by the director pursuant to this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-512 - Categories of groundwater withdrawal permits

45-512.
Categories of groundwater withdrawal permits
Except as provided in section 45-452,  subsection H,  section 45-513,  subsection B and articles 5 and 6 of this chapter,  a person may not withdraw groundwater from a nonexempt well in an active management area unless the person obtains a groundwater withdrawal permit from the director pursuant to this article. The categories of groundwater withdrawal permits are as follows:
1. Dewatering permits issued pursuant to section 45-513.
2. Mineral extraction and metallurgical processing permits issued pursuant to section 45-514.
3. General industrial use permits issued pursuant to section 45-515.
4. Poor quality groundwater permits issued pursuant to section 45-516.
5. Temporary permits issued pursuant to sections 45-517 and 45-518.
6. Drainage water permits issued pursuant to section 45-519.
7. Hydrologic testing permits issued pursuant to section 45-519.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-516 - Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit

45-516.
Poor quality groundwater withdrawal permit;  conditions for issuance;  duration of permit
A. The director may issue a permit to a non-irrigation user to withdraw poor quality groundwater if he determines that the groundwater to be withdrawn because of its quality has no other beneficial use at the present time and that the withdrawal of such groundwater is consistent with the management plan.
B. A permit issued pursuant to this section may be issued for a period of up to thirty-five years,  subject to subsection C. The director shall determine the duration of the permit on the basis of the estimated life of the source of poor quality groundwater.
C. The director shall monitor withdrawals of groundwater pursuant to poor quality groundwater withdrawal permit and shall terminate the permit if the conditions specified in subsection A no longer apply.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-517 - Temporary permit for electrical energy generation; conditions for issuance

45-517.
Temporary permit for electrical energy generation;  conditions for issuance
A. The director shall,  upon an adequate showing that an emergency exists,  issue a temporary permit to a person engaged in the generation of electrical energy to withdraw groundwater in excess of the amount of groundwater the person is legally entitled to withdraw under a grandfathered right or other groundwater withdrawal permit.
B. A person may withdraw groundwater in excess of the amount he is legally entitled to withdraw before a permit is issued pursuant to this section. Such person,  as soon as reasonably practicable after such withdrawals of groundwater commence,  shall submit evidence to the director that an emergency exists.
C. The director shall monitor withdrawals of groundwater pursuant to a temporary permit and shall terminate the permit when the emergency ends.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-518 - Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance

45-518.
Temporary dewatering permit;  extensions;  emergency temporary dewatering permit;  conditions for issuance
A. The director may issue a temporary permit to a person to withdraw groundwater for dewatering purposes if the director determines that:
1. Dewatering is necessary for the construction or the structural integrity of improvements on the land from which the groundwater is proposed to be withdrawn.
2. Dewatering is consistent within the management plan for the active management area.
3. The groundwater to be withdrawn pursuant to the permit will be used beneficially by a person who would otherwise be permitted to use groundwater under this title,  including the applicant to the extent the applicant could otherwise withdraw and use groundwater under this title,  unless the applicant demonstrates that it would be infeasible for any such person to put the groundwater to a beneficial use.
4. Dewatering will not harm any person permitted to withdraw or use groundwater under this title.
B. Subject to subsection C of this section,  a permit issued pursuant to this section may be issued for a period of up to five years and may be extended for additional five year periods if the director determines that the conditions specified in subsection A of this section continue to apply.
C. The director shall monitor withdrawals of groundwater pursuant to a temporary dewatering permit or extension and shall terminate the permit if the conditions specified in subsection A or B of this section no longer apply.
D. During the period in which an application for a temporary dewatering permit is under consideration by the director pursuant to this article,  the director may issue an emergency temporary dewatering permit to the applicant if the director determines that immediate dewatering is necessary for the construction or structural integrity of improvements on the land from which the groundwater is proposed to be withdrawn,  that property damage or inordinate expense or delay would result if the applicant is not allowed to begin dewatering immediately and that dewatering will not harm any person permitted to withdraw or use groundwater under this title. The director may issue an emergency temporary dewatering permit without complying with section 45-523. The director shall monitor withdrawals of groundwater pursuant to the emergency temporary dewatering permit and shall terminate the permit if the conditions that gave rise to its issuance no longer apply or if a temporary dewatering permit is issued or denied.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-519 - Drainage water withdrawal permit; conditions for issuance

45-519.
Drainage water withdrawal permit;  conditions for issuance
A. A person may apply for and the director may issue a drainage water withdrawal permit if the director determines that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production in respect to those lands and the withdrawal of such groundwater is consistent with the management plan and achievement of the management goal for the active management area.
B. The holder of a permit issued under subsection A of this section may:
1. Use groundwater withdrawn pursuant to the permit for a non-irrigation use if the person holds a non-irrigation grandfathered right pursuant to article 5 of this chapter,  a general industrial use permit pursuant to section 45-515 or a service area right pursuant to article 6 of this chapter.
2. Convey groundwater withdrawn pursuant to the permit to another person for a non-irrigation use if the person receiving the groundwater holds a non-irrigation grandfathered right pursuant to article 5 of this chapter,  a general industrial use permit pursuant to section 45-515 or a service area right pursuant to article 6 of this chapter.
C. When determining compliance with the applicable conservation requirements established pursuant to sections 45-565,  45-565.01,  45-566,  45-566.01,  45-567,  45-567.01,  45-568 and 45-568.01,  the director shall account for groundwater withdrawn pursuant to a permit issued pursuant to subsection A of this section as surface water if the groundwater is withdrawn before January 1,  2035 from within the boundaries of the exempted area prescribed by section 45-411.01,  subsection E and is used pursuant to subsection B of this section at a turf related facility or riparian habitat within the exempted area. The director shall cease accounting for the groundwater as surface water on expiration of the exemptions provided for in section 45-411.01 or on termination of the permit,  whichever occurs first.
D. The director shall monitor withdrawals of groundwater pursuant to a drainage water withdrawal permit and shall terminate the permit if the conditions for issuance specified in subsection A of this section no longer apply. A permit issued pursuant to this section may be renewed subject to the same criteria used in granting the original permit.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-519.01 - Hydrologic testing permits; conditions for issuance

45-519.01.
Hydrologic testing permits;  conditions for issuance
A. The director shall issue a permit to withdraw not more than three acre-feet of groundwater per year for the purpose of obtaining groundwater samples to test groundwater quality,  if the testing is necessary to comply with applicable environmental controls. A hydrologic testing permit issued under this subsection may be issued for a period of up to ten years.
B. The director may issue a permit to withdraw groundwater for testing hydrologic characteristics and conditions,  including groundwater quality,  if the director determines that the testing is necessary. Except as provided in subsection D of this section:
1. The total amount of groundwater that may be withdrawn pursuant to a hydrologic testing permit issued under this subsection shall not exceed ten acre-feet.
2. The director shall not issue a hydrologic testing permit under this subsection for a period of more than ninety days.
C. Before issuing a hydrologic testing permit under subsection B of this section,  the director may require the applicant to demonstrate that the groundwater withdrawn pursuant to the permit will be used beneficially by persons who would otherwise be permitted to use groundwater under this chapter,  including the applicant to the extent the applicant could otherwise withdraw and use groundwater under this chapter.
D. The director may issue a hydrologic testing permit under subsection B of this section for more than ten acre-feet or for a period greater than ninety days,  if the director determines that the testing circumstances justify an increase in the amount of groundwater that may be withdrawn or an increase in the duration of the permit and that withdrawals of groundwater pursuant to the permit will not unreasonably harm any person permitted to withdraw or use groundwater under this chapter.
E. The director may issue a permit to withdraw groundwater to test the hydrogeologic characteristics of a potential underground storage facility site under chapter 3.1 of this title,  for a period of not more than two years,  if the director determines that all of the following apply:
1. Testing is necessary.
2. The withdrawal and testing will not cause unreasonable harm to land or other water users.
3. The groundwater that is withdrawn pursuant to the permit will be added back to the same aquifer in approximately the same location from which the groundwater was withdrawn.
F. The director may issue a hydrologic testing permit without complying with section 45-523.
G. A permit issued under this section may be renewed subject to the same criteria used in granting the original permit.
H. Any withdrawals of groundwater authorized by this section shall be for hydrologic testing purposes only,  shall not give rise to any other right to withdraw groundwater under this chapter and shall not be counted as groundwater that is subject to a conservation program in a management plan that is adopted pursuant to article 9 of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-520 - Point of withdrawal; location of use; conveyance

45-520.
Point of withdrawal;  location of use;  conveyance
A. A person who withdraws groundwater under a permit issued pursuant to this article may change his point or points of withdrawal only pursuant to sections 45-597 and 45-598 and may change his location of use only with the approval of the director and by applying for a modification of the permit pursuant to section 45-527.
B. A permit issued pursuant to section 45-517,  45-518 or 45-519.01 may not be conveyed. All other permits issued pursuant to this article may be conveyed only for the same use,  subject to the approval of the director.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-522 - Correction of application

45-522.
Correction of application
Upon receipt of an application,  the director shall endorse on the application the date of its receipt and keep a record of the application. If the director determines the application is incorrect or incomplete,  the director may request additional information from the applicant. The director may conduct independent investigations as may be necessary to determine whether the application should be approved or rejected.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-523 - Notice; objections; hearing

45-523.
Notice;  objections;  hearing
A. Except as provided in section 45-518,  subsection D and section 45-519.01,  subsection F,  when the permit application is determined complete and correct,  the director shall,  within fifteen days of such determination,  give notice of the application once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the active management area in which the applicant proposes to withdraw groundwater is located.
B. Notice pursuant to subsection A of this section shall state that objections to the issuance of the permit may be filed,  by persons residing in the active management area,  in writing,  with the director within fifteen days after the last publication of notice and that objections are limited to whether the permit application meets the criteria for issuance of a permit as set forth in this article. An objection shall state the name and mailing address of the objector,  be signed by the objector,  the objector's agent or the objector's attorney and clearly set forth reasons why the permit should not be issued.
C. In appropriate cases,  including cases where a proper written objection to the permit application has been filed,  an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary. The director shall,  thirty days prior to the date of the hearing,  give notice to the applicant and to any person who filed a proper written objection to the issuance of the permit. The hearing shall be scheduled for not less than sixty days nor more than ninety days after the expiration of the time in which to file objections.
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. If an administrative hearing is held,  it shall be conducted in the active management area in which the use is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-524 - Approval or rejection of permit application

45-524.
Approval or rejection of permit application
A. The approval or rejection of an application for a permit shall be endorsed on the application and dated. If the permit is denied,  the director shall notify the applicant in writing specifically stating the reasons for denial.
B. A permit issued by the director shall contain the following information:
1. The name and mailing address of the person to whom the permit is issued.
2. The name of the active management area and sub-basin in which the groundwater may be withdrawn.
3. The category of permit issued.
4. The specific purpose for which the permit is issued.
5. The point or points of withdrawal of groundwater pursuant to the permit.
6. The legal description of the land on which the groundwater may be used.
7. If the permit is other than a permit issued under section 45-519.01,  subsection B,  the total annual amount of groundwater that may be withdrawn.
8. If the permit is issued under section 45-519.01,  subsection B,  the total amount of groundwater that may be withdrawn.
9. If the permit is issued under section 45-515 and the director has waived the requirement of section 45-515,  subsection A,  paragraph 6,  a statement that the director was unable to determine if there is an assured water supply for the permitted use at the permitted point of withdrawal.
10. If groundwater is to be withdrawn from a new well or wells,  the depth,  diameter and general specifications for each such well.
11. The duration of the permit.
12. Conditions on the permit authorized by this chapter or rules adopted pursuant to this chapter and such other information as the director may determine.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-525 - Registry of permits; reporting

45-525.
Registry of permits;  reporting
A. The director shall establish and maintain a registry of permits for each active management area. The registry shall include a copy of each permit in the active management area and such other pertinent information as the director determines is necessary.
B. A person to whom a permit is issued shall notify the director of a change in name or mailing address,  a change in point of withdrawal or a conveyance of a permit pursuant to section 45-520. A person to whom a permit is conveyed shall notify the director of the conveyance 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 as necessary.
C. The director may require holders of permits to file additional information with the annual report required by section 45-632 as necessary to keep the registry current and accurate. For purposes of this article,  " holder"  means a person to whom a permit is issued or a person to whom a permit is conveyed.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-527 - Modification of permit

45-527.
Modification of permit
A permittee may seek modification of an unexpired groundwater withdrawal permit and renewal of a permit within six months prior to the date of the expiration of the permit. All permit modifications or renewal applications shall be treated in the same manner as the initial permit application and are subject to the same criteria used in issuing the initial permit.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-528 - Revocation of permits

45-528.
Revocation of permits
A. After an administrative hearing in the active management area in which the use is located,  the director may permanently,  or temporarily,  in whole or in part,  revoke a groundwater withdrawal permit for any of the following reasons:
1. For a material false statement in an application to initiate,  modify or renew a permit,  or for a material false statement in any report required to be filed by a person withdrawing or using groundwater pursuant to the provisions of this chapter.
2. For violation of the terms of the permit.
3. For failure to exercise a permit for five or more consecutive years.
B. The director may revoke a groundwater withdrawal permit with the written consent of the permittee and in such case a hearing is not required.
C. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-541 - Transportation within a sub-basin

45-541.
Transportation within a sub-basin
A. Groundwater which is withdrawn pursuant to a grandfathered right or a groundwater withdrawal permit or from an exempt well may be transported without payment of damages within a sub-basin of an active management area,  subject to the limitations on location of use in sections 45-472 and 45-473.
B. Groundwater which is withdrawn by a city,  town or private water company within its service area may be transported without payment of damages within its service area within a sub-basin of an active management area.
C. Groundwater which is withdrawn by a city,  town or private water company within its service area may be transported pursuant to a delivery contract authorized by section 45-492,  subsection C,  without payment of damages,  within a sub-basin of an active management area.
D. Groundwater which is withdrawn by an irrigation district within its service area may be transported without payment of damages within its service area within a sub-basin of an active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-542 - Transportation between sub-basins or away from an active management area; irrigation grandfathered right; type 1 non-irrigation grandfathered right

45-542.
Transportation between sub-basins or away from an active management area;  irrigation grandfathered right;  type 1 non-irrigation grandfathered right
A. Groundwater which is withdrawn pursuant to an irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area,  subject to the limitations on location of use in section 45-472.
B. Groundwater which is withdrawn pursuant to a type 1 non-irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area,  subject to the limitations on location of use in section 45-473,  except that groundwater withdrawn pursuant to a type 1 non-irrigation grandfathered right may be transported away from an initial active management area only pursuant to any of the following:
1. A type 1 non-irrigation grandfathered right acquired under section 45-463 and appurtenant to land in the Tucson active management area,  if the groundwater is used for the extraction or processing of minerals in an adjacent active management area or groundwater basin.
2. Section 45-469,  subsection I.
C. Transportations of groundwater pursuant to this section are not subject to payment of damages if the amount transported does not exceed three acre-feet per acre per year withdrawn from retired irrigated land. Transportations of groundwater pursuant to an irrigation grandfathered right in excess of three acre-feet per acre per year withdrawn from retired irrigated land are subject to payment of damages.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-543 - Transportation between sub-basins or away from an active management area; damages; non-irrigation grandfathered right not associated with retired irrigated land; service area withdrawals; permit; exempt well

45-543.
Transportation between sub-basins or away from an active management area;  damages;  non-irrigation grandfathered right not associated with retired irrigated land;  service area withdrawals;  permit;  exempt well
A. Groundwater may be transported between sub-basins of an active management area or away from an active management area,  subject to payment of damages,  if the groundwater is withdrawn:
1. Pursuant to a type 2 non-irrigation grandfathered right,  except that groundwater withdrawn pursuant to a type 2 non-irrigation grandfathered right may not be transported away from the Pinal active management area to another initial active management area for the purpose of demonstrating and providing an assured water supply.
2. By a city,  town or private water company within its service area and transported within its service area,  except that groundwater withdrawn by a city,  town or private water company within its service area may not be transported away from the Pinal active management area.
3. By an irrigation district within its service area and transported within its service area.
4. Pursuant to a groundwater withdrawal permit.
5. From an exempt well.
B. Groundwater that is withdrawn by a city,  town or private water company within its service area may be transported pursuant to a delivery contract authorized by section 45-492,  subsection C between sub-basins of an active management area and shall be subject to payment of damages unless the groundwater is withdrawn pursuant to a type 1 non-irrigation grandfathered right.
C. Groundwater that is withdrawn and transported to an active management area pursuant to article 8.1 of this chapter may be transported between sub-basins of the active management area without payment of damages.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-545 - Damage rules applicable to all transportations of groundwater

45-545.
Damage rules applicable to all transportations of groundwater
A. In active management areas and in areas outside of active management areas,  in any action to recover damages,  neither injury to nor impairment of the water supply of any landowner shall be presumed from the fact of transportation.
B. In determining whether there has been injury and the extent of any injury,  the court shall consider all acts of the person transporting groundwater toward the mitigation of injury including:
1. Retirement of land from irrigation.
2. Discontinuance of other preexisting uses of groundwater.
3. Water conservation techniques.
4. Procurement of additional sources of water which benefit the active management area,  sub-basin or landowners within the active management area or sub-basin.
C. The court may award reasonable attorney fees,  expert witness expenses and fees and court costs to the prevailing party.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-546 - Weed and dust control

45-546.
Weed and dust control
A person shall maintain property that is owned or controlled by the person and from which groundwater is or will be transported pursuant to this article free of noxious weeds as defined in section 3-201,  Russian thistles (salsola kali) and blowing dust that creates a threat to health or safety.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-551 - Application of article; limitation on transportation to active management areas; definition

45-551.
Application of article;  limitation on transportation to active management areas;  definition
A. This article applies only to withdrawals of groundwater for transportation to active management areas.
B. Unless specifically authorized by this chapter,  groundwater that is withdrawn in a groundwater basin or sub-basin outside of an initial active management area may not be transported directly or indirectly to an initial active management area.
C. Any transportation of groundwater that is authorized by this article is subject to payment of damages pursuant to section 45-545.
D. For purposes of this article,  " transported indirectly"  means through exchange,  indirect recharge or any other method of providing water through reciprocation.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-553 - Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area

45-553.
Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area
A. Groundwater may be withdrawn from land owned by this state or by a political subdivision of this state in the Butler Valley groundwater basin for transportation to an initial active management area.
B. Title to land in the Butler Valley groundwater basin that is owned by this state or a political subdivision of this state and from which groundwater is withdrawn for transportation to an initial active management area may be sold,  exchanged or otherwise conveyed only to this state or to another political subdivision of this state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-557 - Requirements for transporting groundwater to an initial active management area; exception

45-557.
Requirements for transporting groundwater to an initial active management area;  exception
A. Except as provided in subsections B and C of this section:
1. The director shall not consider groundwater that is being or will be withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active management area for purposes of determining or providing an assured water supply pursuant to section 45-576 if the groundwater is being or will be used by a city,  town or private water company that was offered but did not sign a central Arizona project water delivery subcontract.
2. A city,  town or private water company that has signed a central Arizona project water delivery subcontract may not use groundwater withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active management area until it has both:
(a) Demonstrated that it has the physical capacity,  including the water treatment plant and delivery system,  to accept delivery of ninety-five per cent of its central Arizona project water entitlement under its central Arizona project water delivery subcontract.
(b) Accepted delivery of or exchanged eighty per cent or more of the central Arizona project water available to it under its central Arizona project water delivery subcontract in at least one of the three years immediately preceding the year it intends to begin using groundwater transported away from a groundwater basin or sub-basin pursuant to this article or the Pinal active management area.
B. Subsection A of this section does not apply to groundwater withdrawn in the Big Chino sub-basin of the Verde river groundwater basin and transported to an adjoining initial active management area pursuant to section 45-555.
C. Groundwater transported to an adjoining initial active management area pursuant to section 45-555,  subsections E and F shall be deemed to be legally available under the rules adopted pursuant to section 45-576.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-558 - Weeds and dust

45-558.
Weeds and dust
A person shall maintain property owned by the person and from which groundwater is or will be transported pursuant to this article free of noxious weeds as defined in section 3-201,  Russian thistles (salsola kali) and blowing dust that creates a threat to health or safety.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-559 - Well spacing requirements for withdrawing groundwater for transportation to an active management area

45-559.
Well spacing requirements for withdrawing groundwater for transportation to an active management area
Except as provided in section 45-554,  subsection A and except for groundwater withdrawn and transported pursuant to section 45-555,  subsections E and F,  a person may not use a well constructed after September 21,  1991 for the purpose of withdrawing groundwater for transportation to an active management area pursuant to article 8.1 of this chapter unless the person wishing to use the well for that purpose applies to the director for approval and the director approves the application. The director shall approve the application if the director determines that the withdrawals for that purpose will not unreasonably increase damage to surrounding land or other water users from the concentration of wells. In making this determination,  the director shall follow the criteria for proposed withdrawals in the rules adopted pursuant to section 45-598,  subsection A.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-562 - Management goals for active management areas

45-562.
Management goals for active management areas
A. The management goal of the Tucson,  Phoenix and Prescott active management areas is safe-yield by January 1,  2025,  or such earlier date as may be determined by the director.
B. The management goal of the Pinal active management area is to allow development of non-irrigation uses as provided in this chapter and to preserve existing agricultural economies in the active management area for as long as feasible,  consistent with the necessity to preserve future water supplies for non-irrigation uses.
C. The management goal of the Santa Cruz active management area is to maintain a safe-yield condition in the active management area and to prevent local water tables from experiencing long-term declines.
D. Except as otherwise provided for the Santa Cruz active management area,  all initial active management areas are subject to all provisions of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-563 - Management plans in active management areas; management periods; general provisions

45-563.
Management plans in active management areas;  management periods;  general provisions
A. The director shall develop a management plan for each initial active management area for each of five management periods pursuant to the guidelines prescribed in sections 45-564 through 45-568 and shall adopt the plans only after public hearings held pursuant to sections 45-570 and 45-571. The plans shall include a continuing mandatory conservation program for all persons withdrawing,  distributing or receiving groundwater designed to achieve reductions in withdrawals of groundwater.
B. The director shall develop a management plan for the Santa Cruz active management area for the third,  fourth and fifth management periods pursuant to the guidelines prescribed in sections 45-566,  45-566.01,  45-567,  45-567.01,  45-568 and 45-568.01 and shall adopt the plans only after public hearings held pursuant to sections 45-570 and 45-571. The plans shall include a continuing mandatory conservation program designed to achieve the management goal of the active management area for all persons withdrawing water,  other than stored water,  from a well and all persons distributing or receiving water,  other than stored water,  from a well. The plans shall also include criteria for the location of new wells and replacement wells in new locations consistent with the management goal of the active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-563.01 - Water conservation report; per capita use; non-per capita conservation programs

45-563.01.
Water conservation report;  per capita use;  non-per capita conservation programs
At least once every three years the director shall issue a report containing:
1. The per capita water use in the service area of each municipal provider in each active management area.
2. A brief description and evaluation of the efforts to promote water conservation by each municipal provider that is subject to a non-per capita conservation program established under this article.
3. Any other information the director deems appropriate to allow the public to assess and compare the water conservation efforts of municipal providers in each active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-563.02 - Exemption from irrigation water duties; small irrigation grandfathered rights; criteria; conservation requirement; exception

45-563.02.
Exemption from irrigation water duties;  small irrigation grandfathered rights;  criteria;  conservation requirement;  exception
A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right is exempt from any irrigation water duties or intermediate water duties established for the farm to which the right is appurtenant under sections 45-564,  45-565,  45-566,  45-567 and 45-568 if both of the following apply:
1. There are ten or fewer irrigation acres in the farm.
2. The farm is not part of an integrated farming operation.
B. The director shall not establish irrigation water duties or intermediate water duties under section 45-566,  45-567 or 45-568 for a farm to which both of the following apply:
1. There are ten or fewer irrigation acres in the farm.
2. The farm is not part of an integrated farming operation.
C. Except as provided in subsection D of this section,  a person who is exempt from the irrigation water duties established for a farm pursuant to subsection A of this section or who owns or uses groundwater on a farm for which irrigation water duties are prohibited in subsection B of this section shall not allow any groundwater to flow off the surface of the farm's irrigation acres unless the groundwater is used for a reasonable and beneficial use approved in writing by the director.
D. A person who is required under subsection C of this section to prevent groundwater from flowing off the surface of a farm's irrigation acres may apply to the director for an exemption from the requirement. The director may grant the exemption if the person demonstrates to the satisfaction of the director that one of the following applies:
1. Preventing groundwater from flowing off the surface of the farm's irrigation acres would not be economically feasible.
2. Any groundwater that will flow off the surface of the farm's irrigation acres will be used by a person with an exempt well in lieu of groundwater that otherwise would have been withdrawn from that well.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-569 - Management goals and management plans for subsequent active management areas

45-569.
Management goals and management plans for subsequent active management areas
A. Within thirty days of the designation of a subsequent active management area pursuant to article 2 of this chapter,  the director shall establish a management goal for the active management area and the number of years in which the goal is to be achieved.
B. Not later than two years after the designation of a subsequent active management area,  the director shall promulgate an initial management plan for the active management area and may provide for subsequent management plans to be promulgated during the time set for achieving the management goal. If the director determines that active management is necessary to preserve the existing supply of groundwater for future needs or that land subsidence or fissuring is endangering property or potential groundwater storage capacity,  the director,  in developing the plan or plans,  shall include measures for reducing groundwater withdrawals which follow as closely as practicable the program set forth in sections 45-564 through 45-568. If the director determines that active management is necessary because the use of groundwater is resulting in actual or threatened groundwater quality degradation,  the director shall,  in cooperation with the department of environmental quality,  include in the plan or plans a program for prevention or amelioration of groundwater quality problems and a schedule for implementation of the proposed solutions. The director shall submit such program to the legislature for any necessary enabling legislation or coordination with existing programs of the department of environmental quality.
C. All management plans,  including the management goal,  for a subsequent active management area,  shall be adopted only after public hearings pursuant to sections 45-570 and 45-571.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-570 - Hearing on management plans; notice; procedures

45-570.
Hearing on management plans;  notice;  procedures
A. The director shall hold a public hearing on each proposed management plan in each active management area prior to final adoption of the management plan.
B. The director shall give notice of the hearing within thirty days after the proposed management plan is completed. The notice shall include a summary of the management plan,  a map or a description of the boundaries of the active management area,  and the time and place of the hearing. The notice shall be published once each week for two consecutive weeks in a newspaper of general circulation in each county in which the active management area is located.
C. The hearing shall be held at a location within the 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 the hearing.
D. At the hearing,  the director shall present data in support of the adoption of the proposed management plan and a summary of the comments on the draft management plan made to the director by the groundwater users advisory council pursuant to section 45-421,  paragraph 1. Any person may appear at the hearing either in person or by representative and submit oral or documentary evidence for or against the adoption of the management plan.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-571 - Findings upon hearing; order for adoption of management plan; publication

45-571.
Findings upon hearing;  order for adoption of management plan;  publication
A. Within thirty days after the hearing,  the director shall make and file in the department a written summary and findings with respect to matters considered during the hearing.
B. If in the findings the director decides to adopt the management plan,  the director shall make and file an order adopting the plan pursuant to the findings. If the director determines that modifications in the management plan are necessary,  the director shall make such modifications and make and file an order adopting the modified plan and include the director's reasons for the modifications.
C. A summary of the management plan,  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 factual data compiled by the director,  a transcript of the hearing,  a copy of the findings and a copy of the management plan are public records of the department and shall be available for examination by the public during regular business hours.
D. 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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-571.01 - Notification to persons filing late applications for certificates of grandfathered rights and to persons with new groundwater rights or uses; compliance; variance; review

45-571.01.
Notification to persons filing late applications for certificates of grandfathered rights and to persons with new groundwater rights or uses;  compliance;  variance;  review
A. The director,  at the time a certificate of grandfathered right is issued pursuant to the late application procedures in section 45-476.01,  shall establish and give written notice of any applicable irrigation water duty or conservation requirement.
B. The director may give written notice at any time of a conservation requirement to a person in the active management area with a right to withdraw,  distribute or use groundwater in the active management area pursuant to this chapter,  if the right or the use by the person was not in existence when the management plan was adopted. A person given written notice pursuant to this subsection shall comply with the conservation requirement not later than the compliance date specified in the notice.
C. A person given written notice pursuant to subsection A of this section shall comply with the applicable irrigation water duty or conservation requirement not later than January 1 of the calendar year following the first full year after the date of the notice.
D. Except as provided in subsection E of this section,  a person who is given notice of an irrigation water duty or conservation requirement pursuant to subsection A or B of this section may request a variance or an administrative review pursuant to sections 45-574 and 45-575. A party aggrieved by the director's decision regarding a request for variance or administrative review may seek judicial review of the final decision of the director as provided in section 45-114,  subsection B in the superior court in the county in which the irrigated land or non-irrigation use is located.
E. A person who acquires an interest in land on which groundwater is being used and who is given notice of an irrigation water duty or conservation requirement for the use pursuant to subsection B of this section does not have the right to request an administrative review of the irrigation water duty or conservation requirement pursuant to section 45-575,  subsection A if any previous owner of an interest in the land had the right to request an administrative review of the irrigation water duty or conservation requirement. This subsection does not apply if both of the following exist:
1. The person who is given notice pursuant to subsection B of this section previously owned the land on which the groundwater is being used and title to the land has reverted involuntarily,  or voluntarily in lieu of foreclosure,  to that person.
2. The person who is given notice pursuant to subsection B of this section did not previously have the right to request an administrative review of the irrigation water duty or conservation requirement.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-571.02 - Municipal conservation requirements; compliance

45-571.02.
Municipal conservation requirements;  compliance
A. A municipal provider that has been given notice,  in the manner prescribed in section 45-565,  subsection B,  of a municipal conservation requirement that is substantially identical to an industrial conservation requirement is not required to comply with that municipal conservation requirement respecting an individual user to which one of the following applies:
1. The individual user was given written notice of the municipal conservation requirement by the director in the manner prescribed in section 45-565,  subsection B or section 45-571.01,  subsection B.
2. The individual user was reported by the municipal provider,  on a form provided by the department and received by the director at least ninety days before the adoption of the applicable management plan,  as being an individual user to which the municipal conservation requirement applies.
3. The individual user was given written notice of the municipal conservation requirement by the director in the manner prescribed in subsection B of this section,  except that the municipal provider shall comply with the municipal conservation requirement until the first date on which the individual user is required to comply with the requirement.
B. If the individual user was not reported by the municipal provider as an individual user to which the municipal conservation requirement applies on a form provided by the department and received by the director at least ninety days before the adoption of the management plan,  the director may give written notice of a municipal conservation requirement that is substantially identical to an industrial conservation requirement to that individual user more than thirty days after the adoption of the management plan in which the requirement is established. An individual user that is given written notice pursuant to this subsection shall comply with the conservation requirement not later than January 1 of the calendar year following the first full year after the date of the notice.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-572 - Modification of conservation program; notice

45-572.
Modification of conservation program;  notice
A. After a management plan is adopted,  the director may modify the plan after public hearing pursuant to sections 45-570 and 45-571,  except that the director may modify an irrigation water duty or conservation requirement only if the director determines that extraordinary circumstances,  errors or mistakes justify the modification.
B. Within thirty days after a modification of an irrigation water duty or conservation requirement is adopted,  the director shall give written notice of the modification in the manner and to the persons prescribed in section 45-564,  subsection B. Any aggrieved person may request an administrative review pursuant to section 45-575.
C. All persons notified pursuant to subsection B of this section shall comply with the modified irrigation water duty or modified conservation requirements not later than the compliance date specified in the modification notice,  unless the person obtains a variance pursuant to section 45-574.
D. A management plan is deemed to be modified to the extent the director has established and given written notice of irrigation water duties or conservation requirements pursuant to section 45-571.01.