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2023 Arizona Revised Statutes › Title 45 - Waters › § 45-633 - Inspections, investigations and audits

45-633.
Inspections,  investigations and audits
A. The director or the director's authorized representative may enter at reasonable times upon private or public property where a well,  including a well under construction or a well not used to withdraw groundwater or another facility for the withdrawal,  transportation or use of groundwater is located and the owner,  manager or occupant of the property shall permit such entry to:
1. Inspect a well,  including a well under construction or a well not used to withdraw groundwater,  or another facility for the withdrawal,  transportation or use of groundwater that is subject to this chapter.
2. Obtain factual data or access to records required to be kept under section 45-632.
3. Ascertain compliance with this chapter.
B. Inspections and investigations under subsection A of this section shall be upon reasonable notice to the owner,  manager or occupant of the property unless reasonable grounds exist to believe that such notice would frustrate the enforcement of this chapter or where entry is sought for the sole purpose of inspecting water measuring devices required pursuant to section 45-604. The director shall adopt rules for conducting inspections,  examining records and obtaining warrants pursuant to this section. The director may apply for and obtain warrants. If warrants are required by law,  the director shall apply for and obtain warrants for entry and inspection to carry out the administrative and enforcement purposes of this chapter.
C. The director may require a person who is required to keep records under section 45-632 to appear,  at reasonable times and upon reasonable notice,  at the director's office and produce such records and information as are specified in the notice to determine whether the records and annual reports required by section 45-632 are complete,  true and correct. The director shall audit the records of a sufficient number of persons under this subsection to ensure general compliance with this chapter.
D. The director shall provide a written report of each inspection,  investigation and audit under this section to the person subject to such action.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-634 - Cease and desist order; temporary cease and desist order; hearing; injunctive relief

45-634.
Cease and desist order;  temporary cease and desist order;  hearing;  injunctive relief
A. Except as provided by subsection B of this section,  if the director has reason to believe that a person is violating or has violated a provision of this chapter or a permit,  rule or order issued or adopted pursuant to this chapter,  the director may give the person written notice that the person may appear and show cause at an administrative hearing why the person should not be ordered to cease and desist from the violation.
B. If the director finds that a person is constructing or modifying a well and the person does not hold a well driller's or single well license pursuant to section 45-595 or has not obtained the necessary authority to construct or modify the well pursuant to article 7 of this chapter or section 45-596,  45-597,  45-598 or 45-834.01,  the director may issue a temporary order for the person to cease and desist the construction or modification pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date,  time and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days of the date of the order unless the person consents to a longer period.
C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation,  a cease and desist order,  the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114,  subsection B in the superior court in the county in which the violation is alleged to have occurred.
D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section,  the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
E. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-635 - Violation; civil penalties

45-635.
Violation;  civil penalties
A. A person who is determined pursuant to section 45-634 to be in violation of this chapter or a permit,  rule,  regulation or order issued or adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:
1. Except as provided in paragraph 3 of this subsection,  one hundred dollars per day of violation not directly related to illegal withdrawal,  use or transportation of groundwater.
2. Ten thousand dollars per day of violation directly related to illegal withdrawal,  use or transportation of groundwater.
3. In the Santa Cruz active management area,  ten thousand dollars per day of violation for a violation of an applicable conservation requirement established by the director pursuant to article 9 of this chapter for the withdrawal of water,  other than stored water,  from a well or the distribution or use of water,  other than stored water,  withdrawn from a well.
B. An action to recover penalties under this section shall be brought by the director in the superior court in the county in which the violation occurred.
C. In determining the amount of the penalty,  the court shall consider the degree of harm to the public,  whether the violation was knowing or wilful,  the past conduct of the defendant,  whether the defendant should have been on notice of the violation,  whether the defendant has taken steps to cease,  remove or mitigate the violation and any other relevant information.
D. All civil penalties assessed pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-636 - Violation; classification

45-636.
Violation;  classification
A. Unless otherwise specified,  a person who knowingly violates or refuses to comply with a provision of this chapter or a permit,  rule,  regulation or order issued or adopted pursuant to this chapter is guilty of a class 2 misdemeanor. A person who,  after notice of violation,  continues in violation of a provision of this chapter or a permit,  rule,  regulation or order issued or adopted pursuant to this chapter is guilty of a separate offense for each day of violation.
B. A person who knowingly falsifies or renders inaccurate a measuring device required to be installed or maintained under this chapter is guilty of a class 6 felony.
C. A person who knowingly and intentionally withdraws or uses groundwater in violation of this chapter is guilty of:
1. A class 6 felony if the amount of groundwater illegally withdrawn or used is one thousand acre-feet or more.
2. A class 1 misdemeanor if the amount of groundwater illegally withdrawn or used is more than one hundred acre-feet but less than one thousand acre-feet.
3. A class 3 misdemeanor if the amount of groundwater illegally withdrawn or used is one hundred acre-feet or less.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-702 - Certificate of groundwater oversupply

45-702.
Certificate of groundwater oversupply
A. A district member may apply to the director for a certificate of groundwater oversupply for all or part of the groundwater that the district member has a legal right to withdraw.
B. The director may issue a certificate of groundwater oversupply for all or part of the groundwater that the district member has a legal right to withdraw if the director determines that both of the following apply:
1. The groundwater is located in an area of localized excess groundwater in the district.
2. There is a substantial probability that if the district member does not withdraw the groundwater either of the following could occur in the active management area in which the district is located:
(a) The groundwater would be discharged from the district without being used and would not contribute hydrologically to achieving safe-yield.
(b) The groundwater would contribute to a waterlogging or groundwater drainage problem.
C. The director may issue a certificate of groundwater oversupply for a period of not more than ten years. On request of a certificate holder the director may renew the certificate if the director determines that the requirements of subsection B continue to apply.
D. A certificate of groundwater oversupply shall include the following information:
1. The name and mailing address of the district member to whom the certificate is issued.
2. The name of the active management area in which the groundwater will be withdrawn.
3. A description of the district member's right under articles 4 through 7 of this chapter to withdraw the groundwater designated as groundwater oversupply.
4. The locations and well registration numbers of the wells from which the designated groundwater will be withdrawn.
5. The duration of the certificate.
6. Any other information as determined by the director.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-703 - Application for certificate of groundwater oversupply; fee

45-703.
Application for certificate of groundwater oversupply;  fee
A. The director shall prescribe and furnish an application form for a certificate of groundwater oversupply that includes the following:
1. The name and mailing address of the district member.
2. The name of the active management area in which the groundwater will be withdrawn.
3. The estimated annual quantity of groundwater to be designated as groundwater oversupply.
4. The locations and well registration numbers of the wells from which the designated groundwater will be withdrawn.
5. The proposed duration of the certificate.
6. Evidence of the district member's right under articles 4 through 7 of this chapter to withdraw the groundwater to be designated as groundwater oversupply.
7. Evidence that the groundwater to be designated will be withdrawn from an area in the district of localized excess groundwater.
8. Evidence that if the district member does not withdraw the groundwater to be designated either of the following could occur in the active management area in which the district is located:
(a) The groundwater would be discharged from the district without being used and would not contribute hydrologically to achieving safe-yield.
(b) The groundwater would contribute to a waterlogging or drainage problem.
9. Any other information the director may reasonably require.
B. The director shall establish and collect a reasonable fee from the applicant to cover the cost of administrative services and other expenses associated with evaluating and issuing a certificate of groundwater oversupply. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received under this subsection in the water resources fund established by section 45-117.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-704 - Notice of application; objections; hearing; approval or rejection

45-704.
Notice of application;  objections;  hearing;  approval or rejection
A. On receiving an application under section 45-703,  the director shall record the application and endorse on the application the date of receipt. The director shall conduct an initial review of the application within fifteen days of receiving the application. If the director determines in the initial review that the application is incomplete,  the director shall notify the applicant. The application is incomplete until the applicant files all of the information requested in the application. The director shall determine whether the application is correct within ninety days after receiving a complete application. 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.
B. If the director determines that the application is complete and correct,  the director,  within fifteen days after the determination,  or a longer period if the applicant requests,  shall 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 persons reside who could reasonably be expected to be affected by the designation of groundwater oversupply. The notice shall state that persons who may be adversely affected by the designation may file written objections to the issuance of the certificate with the director within fifteen days after the last publication of notice. An objection shall state the name and mailing address of the objector,  shall be signed by the objector or the objector's agent or attorney and shall clearly set forth reasons why the certificate should not be issued. The grounds for objection are limited to whether the application meets the criteria for issuing a certificate prescribed in section 45-702,  subsection B.
C. In appropriate cases,  including cases in which a proper objection to the certificate 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. At least thirty days before the hearing,  the director shall notify the applicant and any person who filed a proper objection to the issuance of the certificate. The hearing shall be scheduled for at least sixty but not more than ninety days after the expiration of the time in which to file objections.
D. The director shall record and endorse the approval or denial of the application on the application. If the certificate is denied,  the director shall return a copy of the application to the applicant specifically stating the reasons for denial.
E. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held,  it shall be conducted in the active management area in which the use is located.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-801.01 - Declaration of policy

45-801.01.
Declaration of policy
The public policy of this state and the general purposes of this chapter are to:
1. Protect the general economy and welfare of this state by encouraging the use of renewable water supplies,  particularly this state's entitlement to Colorado river water,  instead of groundwater through a flexible and effective regulatory program for the underground storage,  savings and replenishment of water.
2. Allow for the efficient and cost-effective management of water supplies by allowing the use of storage facilities for filtration and distribution of surface water instead of constructing surface water treatment plants and pipeline distribution systems.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-803.01 - Effect on vested water rights; effect in other proceedings

45-803.01.
Effect on vested water rights;  effect in other proceedings
A. This chapter shall not be construed to affect vested water rights.
B. Any determination made by the director for purposes of this chapter regarding the validity,  invalidity,  nature,  legal character,  extent or relative priority of a water right or source of water is not binding for any other purpose,  and shall not create a presumption of the validity,  invalidity,  nature,  legal character,  extent or relative priority of a water right or water source in any other administrative proceeding or any judicial proceeding.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-811.01 - Underground storage facility permit

45-811.01.
Underground storage facility permit
A. A person may apply to the director for a constructed underground storage facility permit or a managed underground storage facility permit and may operate an underground storage facility only pursuant to a permit.
B. A person applying to the director for a managed underground storage facility permit may request to have the facility designated as a facility that could add value to a national park,  national monument or state park if that park or monument includes any portion of a natural channel of a stream or adjacent floodplain that would benefit from the facility.
C. The director may issue a permit to operate an underground storage facility if the director determines that all of the following apply:
1. The applicant has the technical and financial capability to construct and operate the facility.
2. Storage of the maximum amount of water that could be in storage at any one time at the facility is hydrologically feasible.
3. Storage at the facility will not cause unreasonable harm to land or other water users within the maximum area of impact of the maximum amount of water that could be in storage at any one time at the underground storage facility over the duration of the permit.
4. The applicant has agreed in writing to obtain any required floodplain use permit from the county flood control district before beginning any construction activities.
5. The director of environmental quality has determined that the facility is not in a location that will promote either the migration of a contaminant plume or the migration of a poor quality groundwater area so as to cause unreasonable harm or is not in a location that will result in pollutants being leached to the groundwater table so as to cause unreasonable harm,  if the proposed water storage at the underground storage facility is exempt from the requirement for an aquifer protection permit under section 49-250,  subsection B,  paragraph 12,  13 or 24. For any facility exempt under section 49-250,  subsection B,  paragraph 24,  the director of water resources,  after consultation with the director of the department of environmental quality,  may include in the permit any requirements,  including operation,  maintenance,  monitoring,  record keeping,  reporting,  contingency plan or remedial action requirements,  as the director of water resources deems necessary.
D. The director may designate a managed underground storage facility as one that could add value to a national park,  national monument or state park if the director finds that all of the following apply:
1. The applicant has agreed in writing to maintain a quantified,  minimum base flow and annual discharge to the stream for the duration of the permit.
2. The project will benefit the groundwater basin as a whole.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-812.01 - Groundwater savings facility permit

45-812.01.
Groundwater savings facility permit
A. A person may apply to the director for a groundwater savings facility permit and may operate a groundwater savings facility only pursuant to a permit.
B. The director may issue a permit to operate a groundwater savings facility if the director determines that all of the following apply:
1. Operation of the facility will cause the direct reduction or elimination of groundwater withdrawals in an active management area or an irrigation non-expansion area by means of delivery of water other than groundwater pumped from within that active management area or irrigation non-expansion area that the recipient will use in lieu of groundwater that the recipient would otherwise have used.
2. The applicant will deliver water other than groundwater pumped from within the active management area or irrigation non-expansion area in which the groundwater savings facility is located to an identified groundwater user who will use and agrees in writing to use the water delivered to the facility on a gallon-for-gallon substitute basis directly in lieu of groundwater that otherwise would have been pumped from within the active management area or irrigation non-expansion area.
3. The in lieu water is the only reasonably available source of water for the recipient other than groundwater pumped from within the same active management area or irrigation non-expansion area in which the groundwater savings facility is located.
4. The water delivered as in lieu water would not have been a reasonable alternative source of water for the recipient except through the operation of the groundwater savings facility.
5. The water delivered to the recipient as in lieu water was not delivered before October 1,  1990.
6. The applicant has submitted a plan satisfactory to the director that describes how the applicant will prove the quantity of groundwater saved at the facility each year and what evidence will be submitted with the applicant's annual report as required by section 45-875.01 to prove the groundwater savings. The plan may rely on the following factors:
(a) The recipient's cost of pumping groundwater relative to the cost of in lieu water and alternative sources of water available to the recipient.
(b) The historic quantity of groundwater pumped by the recipient at the location of the intended use of the in lieu water.
(c) The recipient's anticipated demand for groundwater and anticipated total demand for water,  including groundwater.
(d) The recipient's legal right to withdraw or use groundwater pursuant to chapter 2 of this title.
(e) The amount of central Arizona project water for which the recipient anticipates accepting delivery.
(f) The historic amount of power used to pump groundwater at the groundwater savings facility compared to the power used during a year in which the recipient received in lieu water.
(g) The factors that prevent the recipient from using the water delivered as in lieu water without the operation of the groundwater savings facility.
(h) Any other criteria the director may deem to be relevant.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-815.01 - Facilities not qualifying as storage facilities

45-815.01.
Facilities not qualifying as storage facilities
The following shall not be permitted as underground storage facilities:
1. A body of water,  as defined by section 45-131,  unless it has been designed,  constructed or altered so that water storage is a principal purpose of the body of water.
2. Aqueducts,  irrigation canals and other man-made water conveyance systems.
3. Water that incidentally recharges an aquifer during the course of its use for agricultural,  municipal,  mining or industrial purposes.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-832.01 - Use of stored water

45-832.01.
Use of stored water
A. Water that has been stored pursuant to a water storage permit may be used or exchanged only in the manner in which it was permissible to use or exchange the water before it was stored.
B. Water that has been stored pursuant to a water storage permit may be used only in the location in which it was permissible to use the water before it was stored.
C. Water that has been stored pursuant to a water storage permit may be used for replenishment purposes only in the active management area in which the water is stored,  unless the water is recovered and transported to another active management area.
D. Stored water may be used only as follows:
1. The water may be recovered by the storer and used on an annual basis in accordance with section 45-851.01.
2. The water may be credited to the storer's long-term storage account,  if the water meets the requirements of section 45-852.01,  and the long-term storage credits may be used in accordance with the provisions of this chapter.
3. A district that is storing water may have the stored water credited to its master replenishment account,  if the water would meet the requirements of long-term storage credits as prescribed by section 45-852.01.
4. A conservation district that is storing water may have the stored water credited to its conservation district account,  if the water would meet the requirements of long-term storage credits as prescribed by section 45-852.01.
5. A water district that is storing water may have the stored water credited to its water district account,  if the water would meet the requirements of long-term storage credits as prescribed by section 45-852.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-833.01 - Designation of nonrecoverable water

45-833.01.
Designation of nonrecoverable water
A. At the request of the applicant,  the director may designate a water storage permit as storing nonrecoverable water. If the water storage occurs within an active management area,  the water storage permit may be designated in this manner only if the storage is consistent with the active management area's augmentation program.
B. Water stored pursuant to a water storage permit that has been designated as storing nonrecoverable water may not be recovered on an annual basis,  may not be credited to a long-term storage account and may not be used for replenishment purposes.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-836.01 - Effect of storage facilities, water storage and recovery on service areas

45-836.01.
Effect of storage facilities,  water storage and recovery on service areas
A. In an active management area,  if a city,  town or private water company operates a constructed underground storage facility and stores water at a constructed underground storage facility pursuant to a permit issued under this chapter,  any portion of the area of impact of the stored water that is located within the exterior boundaries of the service area of the city,  town or private water company but is not part of the service area of any other city,  town,  private water company or irrigation district is deemed to be part of the service area of the city,  town or private water company.
B. In an active management area,  if a city,  town,  private water company or irrigation district operates a storage facility or stores water outside its service area or recovers stored water outside its service area pursuant to a permit issued under this chapter,  the area of land that contains the storage facility,  the recovery facilities or a system for the transportation of water is not part of the service area of the city,  town,  private water company or irrigation district.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-851.01 - Recovery of stored water on an annual basis

45-851.01.
Recovery of stored water on an annual basis
A. Except as provided in subsections B,  E and F of this section,  a storer may recover the recoverable amount of water stored after January 1 of a calendar year on or before December 31 of the same calendar year.
B. If water is stored pursuant to a water storage permit and its use is based on a decreed or appropriative water right,  the approximate recoverable amount of water stored in a month shall be recovered on or before the last day of the following month or within the same calendar year,  whichever is earlier,  unless the water is credited to a long-term storage account as prescribed by section 45-852.01.
C. Water stored after January 1 of a calendar year and not recovered on or before December 31 of the same calendar year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.
D. Water that is stored after January 1 of a calendar year,  that is not recovered on or before December 31 of the same calendar year and that is not eligible to be credited to the storer's long-term storage account may not be recovered at any other time.
E. If the water stored was effluent stored at a managed underground storage facility that has not been designated as a facility that could add value to a national park,  national monument or state park and subsection F of this section does not apply,  the storer may recover during a year only fifty percent of the recoverable amount of water stored between January 1 and December 31 of that year. If the storer recovers during the year less than fifty percent of the recoverable amount of the water stored during that year,  the difference between fifty percent of the recoverable amount and the amount of stored water recovered during the year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.
F. If the water stored was effluent stored at a managed underground storage facility that qualifies as an existing effluent managed underground storage facility and that has not been designated as a facility that could add value to a national park,  national monument or state park,  the storer may recover during a year only ninety-five percent of the recoverable amount of the water stored between January 1 and December 31 of that year. If the storer recovers during the year less than ninety-five percent of the recoverable amount of the water stored during that year,  the difference between ninety-five percent of the recoverable amount and the amount of stored water recovered during the year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-853.01 - Restricted uses of long-term storage credits

45-853.01.
Restricted uses of long-term storage credits
A. If the director has included an amount of long-term storage credits under section 45-855.01:
1. In determining whether to issue a certificate of assured water supply to the holder of the long-term storage credits,  that amount of long-term storage credits shall be recovered only for a use that,  as determined by the director,  supplies water to the subdivision to which the certificate of assured water supply applies.
2. In designating or redesignating a city,  town or private water company as having an assured water supply,  that amount of long-term storage credits shall be recovered only for a use that,  as determined by the director,  supplies water to that city,  town or private water company.
3. In determining whether to issue a report of adequate water supply for a subdivision to the holder of long-term storage credits,  that amount of long-term storage credits shall be recovered only for a use that,  as determined by the director,  supplies water to the subdivision to which the report of adequate water supply applies.
4. In designating a city,  town or private water company as having an adequate water supply,  that amount of long-term storage credits shall be recovered only for a use that,  as determined by the director,  supplies water to that city,  town or private water company.
B. The storer of long-term storage credits may apply those long-term storage credits to offset any amount of groundwater that the storer withdraws or uses before 2000 in excess of the storer's per capita municipal conservation requirement in violation of the second management plan if the storer proves to the satisfaction of the director that the following conditions are met:
1. The storer stored the water at a storage facility that is located in the same active management area as the storer's service area.
2. The long-term storage credits used to offset the storer's per capita municipal conservation requirements violation were earned before 2000.
3. The water stored was effluent or central Arizona project water.
C. Long-term storage credits may not be used to demonstrate an assured water supply or an adequate water supply if the long-term storage credits were accrued by storing effluent at a managed underground storage facility that has not been designated as a facility that could add value to a national park,  national monument or state park and any of the following applies:
1. The managed underground storage facility does not qualify as an existing effluent managed underground storage facility.
2. The managed underground storage facility qualifies as an existing effluent managed underground storage facility and the long-term storage credits were accrued before January 31,  2019.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-854.01 - Assignability of long-term storage credits

45-854.01.
Assignability of long-term storage credits
A. Except as provided in section 45-855.01,  subsection C,  the holder of long-term storage credits may assign by grant,  gift,  sale,  lease or exchange all or part of the holder's long-term storage credits.
B. Except as provided in subsection C of this section,  an assignment of long-term storage credits from one person to another is valid on receipt by the director of notification of the assignment in writing on a form that is provided by the director and that has been signed by both the assignor and assignee.
C. The director may reject and invalidate any assignment of long-term storage credits in which the stored water would not have met the requirements for long-term storage credits as prescribed by section 45-852.01 if the assignee had stored the water.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-855.01 - Effect of long-term storage credits on assured water supply and adequate water supply

45-855.01.
Effect of long-term storage credits on assured water supply and adequate water supply
A. In an active management area,  except as provided in section 45-853.01,  subsection C,  and on the request of a person who holds long-term storage credits,  the director shall include the amount of long-term storage credits requested by the person in determining whether to issue a certificate of assured water supply to the person pursuant to section 45-576,  or if the person is a city,  town or private water company,  whether to designate or redesignate the city,  town or private water company as having an assured water supply. This subsection shall not be construed to prohibit or require the director to include projected additions to a long-term storage account in determining whether to issue a certificate of assured water supply to the person,  or if the person is a city,  town or private water company,  whether to designate or redesignate the city,  town or private water company as having an assured water supply.
B. Outside an active management area,  except as provided in section 45-853.01,  subsection C and on the request of a person who holds long-term storage credits,  the director shall include the amount of long-term storage credits requested by the person in determining whether to issue a report of adequate water supply pursuant to section 45-108 for a subdivision to the person,  or if the person is a city,  town or private water company,  whether to designate the city,  town or private water company as having an adequate water supply. This subsection shall not be construed to prohibit or require the director to include projected additions to a long-term storage account in determining whether to issue a report of adequate water supply for a subdivision to the person,  or if the person who holds the long-term storage account is a city,  town or private water company,  whether to designate the city,  town or private water company as having an adequate water supply.
C. Long-term storage credits included by the director in making the determinations and designations in subsections A and B of this section are not assignable by the person holding the credits,  unless the director has determined that the credits will continue to be used for the subdivision for which the certificate of assured water supply or certificate of adequate water supply has been issued or for the service area that has been designated as having an assured water supply or an adequate water supply.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-856.01 - Protection of the stored water

45-856.01.
Protection of the stored water
A. Except as provided in subsection B or E of this section,  in an active management area the director shall not issue any of the following permits,  certificates or designations unless the applicant demonstrates that the application for the permit,  certificate or designation would have satisfied the requirements for issuance of the permit,  certificate or designation if water stored pursuant to this chapter did not exist:
1. An application for a groundwater withdrawal permit under chapter 2,  article 7 of this title,  if a proposed point of withdrawal for the permit is located within the area of impact of the stored water.
2. An application for designation of a city,  town or private water company as having an assured water supply under section 45-576,  if any portion of the city,  town or private water company that is proposed to be designated is located within the area of impact of the stored water.
3. An application for a certificate of assured water supply under section 45-577,  if a proposed point of withdrawal for a proposed source of water is located within the area of impact of the stored water.
4. An application for a permit to construct a new well or a replacement well under section 45-599,  if the proposed well is located within the area of impact of the stored water.
B. Subsection A,  paragraphs 2 and 3 of this section do not apply to the holder of long-term storage credits who,  pursuant to section 45-855.01,  has requested that the director include stored water in determining whether to issue a certificate of assured water supply or designate or redesignate a city,  town or private water company as having an assured water supply.
C. Except as provided in subsection D or E of this section,  outside an active management area the director shall not issue any of the following decisions of adequate water supply under section 45-108 unless the applicant demonstrates that the application would have satisfied the requirements for issuance of the decision if the stored water did not exist:
1. A decision stating that an adequate water supply exists for a subdivision,  if a proposed point of withdrawal for a proposed source of water is located within the area of impact of the stored water.
2. A decision designating a city,  town or private water company as having an adequate water supply,  if any portion of the city,  town or private water company that is proposed to be designated is located within the area of impact of the stored water.
D. Subsection C of this section does not apply to the holder of long-term storage credits who has requested pursuant to section 45-855.01 that the director include stored water in determining whether to issue a decision stating that an adequate water supply exists for a subdivision or designating a city,  town or private water company as having an adequate water supply.
E. Subsections A and C of this section do not apply if the director determines that the water stored pursuant to this chapter will not be recovered from within the area of impact of the stored water.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-857.01 - Groundwater replenishment district incidental replenishment factor; definitions

45-857.01.
Groundwater replenishment district incidental replenishment factor;  definitions
A. With respect to a groundwater replenishment district and not later than the first day of each reporting year,  the director shall determine the incidental replenishment factor for the reporting year and shall report that ratio to the groundwater replenishment district.
B. For purposes of this section:
1. " Incidental replenishment"  means water that percolates to an aquifer after being used for municipal purposes in the groundwater replenishment district,  except for water that is added to an aquifer pursuant to this chapter.
2. " Incidental replenishment factor"  means the ratio of the amount of incidental replenishment in the groundwater replenishment district that the director estimates will occur in the reporting year to the amount of water that the director estimates will be used in the district by the district members in the reporting year.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-858.01 - Master replenishment account; debits and credits

45-858.01.
Master replenishment account;  debits and credits
A. The director shall establish a long-term storage account and a master replenishment account for each groundwater replenishment district.
B. The director shall compute the master replenishment account debit for a reporting year for the district as follows:
1. For each district member,  compute the replenishment obligations as prescribed by section 48-4463.
2. Add the amounts computed under paragraph 1 of this subsection for all district members.
C. For each reporting year,  the amount computed under subsection B of this section for the district shall be debited from the district's master replenishment account.
D. On application by a district to the director,  credits in the district's long-term storage account,  including credits that are registered for water stored pursuant to article 6 of this chapter and for which a district has assumed responsibility pursuant to section 45-896.01,  shall be transferred and credited to the district's master replenishment account.
E. For each reporting year,  the director shall credit the district's master replenishment account by the amount of water stored by the district during the reporting year,  if the district has requested the director to credit the stored water directly to its master replenishment account and the stored water would otherwise be eligible for credits in a long-term storage account.
F. Credits in a master replenishment account may not be assigned or transferred out of the master replenishment account.
G. If the director,  either through an audit of the records of the district or a district member pursuant to section 45-880.01 or otherwise,  establishes a misstatement or error regarding information relevant to the determination of master replenishment account debits or credits,  the director may adjust accordingly the credits or debits for the appropriate year.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-860.01 - Water district account; debits and credits

45-860.01.
Water district account;  debits and credits
A. The director shall establish a long-term storage account and a water district account for the active management area in which a water district member land or water district member service area is or may be located.
B. For each reporting year,  the water district groundwater replenishment obligation,  as defined in section 48-4801,  shall be debited from the water district account.
C. For each reporting year,  the contract replenishment obligation,  as defined in section 48-4801,  shall be debited from the water district account.
D. On application by a water district to the director,  credits in the water district's long-term storage account for an active management area,  including credits earned from a state demonstration project permitted pursuant to article 6 of this chapter,  shall be transferred and credited to the water district's water district account for the same active management area.
E. For each reporting year,  the director shall credit the water district's water district account by the amount of water stored by the water district during the reporting year,  if the water district has requested the director to credit the stored water directly to its water district account and the stored water would otherwise be eligible for credits in a long-term storage account.
F. By October 31 of each year,  the director shall determine whether the water district has completed the water district groundwater replenishment obligation for the active management area as prescribed by section 48-4972.
G. Credits in a water district account may not be assigned or transferred out of the water district account.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-872.01 - Water measuring devices

45-872.01.
Water measuring devices
A person who stores water at an underground storage facility,  who delivers in lieu water to a recipient at a groundwater savings facility or who recovers stored water pursuant to a recovery well permit shall use a water measuring device approved by the director and shall comply with the rules setting forth the requirements and specifications for water measuring devices adopted pursuant to section 45-604.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-873.01 - In lieu water reporting requirements; withdrawal fees

45-873.01.
In lieu water reporting requirements;  withdrawal fees
The in lieu water that is delivered pursuant to a groundwater savings facility permit and a water storage permit issued under this chapter is deemed to be groundwater for all purposes of chapter 2 of this title as if the recipient of the in lieu water had withdrawn it from a well. The recipient is responsible for all records,  reports and fees required by chapter 2 of this title relating to the in lieu water received.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-874.01 - Long-term storage credit recovery fee; amount; notice; payment; penalty

45-874.01.
Long-term storage credit recovery fee;  amount;  notice;  payment;  penalty
A. The director shall levy and collect a long-term storage credit recovery fee from each person who recovers long-term storage credits pursuant to a recovery well permit issued under section 45-834.01. The amount of the long-term storage credit recovery fee is equal to the amount of the groundwater withdrawal fee levied for administration and enforcement of chapter 2 of this title pursuant to section 45-611,  subsection A,  paragraph 1.
B. Not later than October 1 of each year the director shall file in the department an order setting the long-term storage credit recovery fee for the following calendar year.
C. Within thirty days after the director sets the long-term storage credit recovery fee for the following calendar year,  the director shall give written notice of the fee to all holders of recovery well permits issued under this chapter.
D. A person shall pay the long-term storage credit recovery fee to the department at the time the person holding a recovery well permit files an annual report pursuant to section 45-875.01. If a person who is required to pay a long-term storage credit recovery fee 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 under this subsection shall not exceed sixty per cent of the unpaid fee.
E. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected pursuant to subsection A of this section in the water resources fund established by section 45-117 and all monies collected pursuant to subsection D of this section in the state general fund.