reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1207 - Application Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				shall obtain written approval from the Director before constructing,
				reconstructing, repairing, enlarging, removing, altering, or breaching a dam.
				Application requirements differ according to the hazard potential of the dam.
1. To construct, reconstruct, repair,
				enlarge, or alter a high or significant hazard potential dam, the applicant
				shall comply with
				R12-15-1208.
2. To breach or remove a high or significant
				hazard potential dam, the applicant shall comply with
				R12-15-1209.
3. To construct, reconstruct, repair,
				enlarge, alter, breach, or remove a low hazard potential dam, the applicant
				shall comply with
				R12-15-1210.
4. To construct, reconstruct, repair,
				enlarge, alter, breach, or remove a very low hazard potential dam, the
				applicant shall comply with
				R12-15-1211.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1208 - Application to Construct, Reconstruct, Repair, Enlarge, or Alter a High or Significant Hazard Potential Dam

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An application package to construct, reconstruct, repair, enlarge, or alter a
				high or significant hazard potential dam shall include the following prepared
				by or under the supervision of an engineer as defined in
				R12-15-1202(11):
1. A completed application filed in duplicate
				on forms provided by the Director.
2. A design information summary or checklist
				of items prepared in duplicate on forms provided by the Director.
3. An initial application fee based on the
				total estimated project cost and computed in accordance with A.R.S. §
				45-1204 and
				R12-15-104(A)(7).
4. A detailed estimate of project costs.
				Project costs are all costs associated with construction of the dam and
				appurtenant works including preliminary investigations and surveys, engineering
				design, supervision of construction, and any other engineering costs.
5. Two complete sets of construction drawings
				as prescribed in
				R12-15-1215(1).
6. Two complete sets of construction
				specifications as prescribed in R12-15-1215(2).
7. An engineering design report that includes
				information needed to evaluate all aspects of the design of the dam and
				appurtenances, including references with page numbers to support any
				assumptions used in the design, as prescribed in
				R12-15-1215(3).
				The engineering design report shall recommend a safe storage level for existing
				dams being reconstructed, repaired, enlarged, or altered.
8. A construction quality assurance plan
				describing all aspects of construction supervision.
9. A description of the use for the impounded
				or diverted water, proof of a right to appropriate, and a permit to store water
				as prescribed in A.R.S. §§
										45-152
				and
				45-161.
10. A long-term budget plan and evidence of
				financing, prepared using customary accounting principles, that demonstrate
				that the applicant has the financial capability to construct, operate, and
				maintain the dam in a safe manner. If the applicant does not have evidence that
				can be verified by an independent audit of the financial capability to
				construct, operate, and maintain the dam in a safe manner, the Director may
				require a performance bond for the entire cost of the proposed construction
				work.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1209 - Application to Breach or Remove a High or Significant Hazard Potential Dam

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				shall excavate the dam down to the level of the natural ground at the maximum
				section. Upon approval of the Director, additional breaches may be made. This
				provision shall not be construed to require more than total removal of the dam
				regardless of the flood magnitude. The breach or breaches shall be of
				sufficient width to pass the greater of:
1.
				The 100 year flood at a depth of less than 5 feet, or
2. The 100 year flood at a normal flood depth
				of not more than 2 feet at a distance of 2,000 feet downstream of the
				dam.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1211 - Application to Construct, Reconstruct, Repair, Enlarge, Alter, Breach, or Remove a Very Low Hazard Potential Dam

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An application package to construct, reconstruct, repair, enlarge, or alter a
				very low hazard potential dam shall include the following prepared by an
				engineer or a person under the supervision of an engineer as defined in
				R12-15-1202(11):
1. A completed application filed in duplicate
				on forms provided by the Director that contains the following information:
a. The name and address of the owner of the
				dam or the agent of the owner.
b.
				The location, type, size, and height of the proposed dam and appurtenant
				works.
c. The storage capacity of
				the reservoir associated with the proposed dam.
d. The proposed time for beginning and
				completing construction.
e. A
				description of the use for the impounded or diverted water and proof of a right
				to impound that water.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1212 - Construction of a High, Significant, or Low Hazard Potential Dam

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before
				commencement of construction activities, the owner shall invite to a
				pre-construction conference all involved regulatory agencies, the prime
				contractor, and all subcontractors. At this meeting the Department shall
				identify, to the extent possible, the key construction stages at which an
				inspection will be made. At least 48 hours before each key construction stage
				identified for inspection, the owner or the owner's engineer shall provide
				notice to the Department.
B. The
				owner and the owner's engineer shall oversee construction of a new dam or
				reconstruction, repair, enlargement, alteration, breach, or removal of an
				existing dam. Failure to perform the work in accordance with the construction
				drawings and specifications approved by the Director renders the approval
				revocable. The owner's engineer shall exercise professional judgment
				independent of the contractor.
C. A
				professional engineer with proficiency in engineering and knowledge of dam
				technology shall supervise or direct the supervision of construction in
				accordance with the construction quality assurance plan.
D. The owner's engineer shall submit summary
				reports of construction activities and test results according to a schedule
				approved by the Department.
E. The
				owner shall immediately report to the Department any condition encountered
				during construction that requires a deviation from the approved plans and
				specifications.
F. The owner shall
				promptly submit a written request for approval of any necessary change and
				sufficient information to justify the proposed change. The owner shall not
				commence construction without the written approval of the Director unless the
				change is a minor change. A minor change is a change that complies with the
				requirements of this Article and provides equal or better safety
				performance.
G. Upon completion of
				construction, the owner shall notify the Department in writing. The Department
				shall make a final inspection. The owner shall correct any deficiencies noted
				during the inspection.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1213 - Completion Documents for a Significant or High Hazard Potential Dam

Current through Register Vol. 30, No. 28, July 12, 2024
Within 90 days after completion of the construction or
				  removal work for a significant or high hazard potential dam and final
				  inspection by the Department, the owner shall file the following:
1. An affidavit showing the actual cost of
				the construction. The owner shall submit a detailed accounting of the costs,
				including all engineering costs.
2.
				An additional fee or refund request based on the actual cost of the
				construction, computed in accordance with A.R.S. §
									45-1209
				and R12-15-104(A)(7).
3. One set of
				full sized as constructed drawings prepared and sealed by the engineer who
				supervised the construction. If changes were made during construction, the
				owner shall file supplemental drawings showing the dam and appurtenances as
				actually constructed.
4.
				Construction records, including grouting, materials testing, and locations and
				baseline readings for permanent bench marks and instrumentation, initial
				surveys, and readings.
5.
				Photographs of construction from exposure of the foundation to completion of
				construction.
6. A brief completion
				report summarizing the salient features of the project, including a description
				of the causes for any changes or deviations from the approved drawings and
				specifications that were made during the construction phase.
7. A schedule for filling the reservoir,
				specifying fill rates, water level elevations to be held for observation, and a
				schedule for inspecting and monitoring the dam. The owner shall monitor the dam
				monthly during the first filling.
8. An operating manual for the dam and its
				appurtenant structures. The operating manual shall include a process for safety
				inspections prescribed in
				R12-15-1219.
				The operating manual shall include schedules for surveillance activities and
				baseline information for any installed instrumentation as follows:
a. The frequency of monitoring,
b. The data recording format,
c. A graphical presentation of data,
				and
d. The person who will perform
				the work.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1214 - Licensing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon review and
				approval of the documents filed under
				R12-15-1213
				and finding that the construction at the dam has been completed in accordance
				with the approved plans and specifications and finding that the dam is safe,
				the Director shall issue a license. The license shall specify the safe storage
				level for the reservoir and shall specify conditions for the safe operation of
				the dam. The dam and reservoir shall not be used before issuance of a license
				unless the Director issues written approval. Procedures for issuance of a
				license for low and very low hazard potential dams are prescribed in
				R12-15-1210(H)
				and R12-15-1211(H), respectively.
B. A new license shall be issued in the
				following instances:
1. Upon change of
				ownership of a dam.
2. Upon change
				of the safe storage level.
3. Upon
				expiration of time to appeal a notice issued under
				R12-15-1223(B).
4. Upon expiration of time to appeal an order
				issued by the Director under
				R12-15-1223(D).
5. Upon expiration of time to appeal an order
				of a court.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1216 - Design of a High, Significant, or Low Hazard Potential Dam

Current through Register Vol. 30, No. 28, July 12, 2024
A. General
				Requirements.
1. Emergency Spillway
				Requirements. An applicant shall:
a. Construct
				each spillway in a manner that avoids flooding in excess of the flooding that
				would have occurred in the same location under the same conditions before
				construction. The owner of a dam shall demonstrate that a spillway discharge
				would not result in incremental adverse consequences. In determining whether a
				spillway discharge of a dam would result in incremental adverse consequences,
				the Director shall evaluate whether the owner has taken any or all of the
				following actions: issuing public notice to downstream property owners,
				complying with flood insurance requirements, adopting emergency action plans,
				conducting mock flood drills, acquiring flow easements or other acquisitions of
				real property, or other actions appropriate to safeguard the dam site and flood
				channel.
b. Include a control
				structure to avoid head cutting and lowering of the spillway crest for
				spillways excavated in soils or soft rock. In the alternative, the design may
				provide evidence acceptable to the Director that erosion during the inflow
				design flood will not result in a sudden release of the reservoir.
c. Provide each spillway and channel with a
				minimum width of 10 feet and suitable armor to prevent erosion during the
				discharge resulting from the inflow design flood.
d. Ensure that downstream spillway channel
				flows do not encroach on the dam unless suitable erosion protection is
				constructed.
e. Ensure that each
				spillway, in combination with outlets, is able to safely pass the peak
				discharge flow rate, as calculated on the basis of the inflow design
				flood.
f. Not construct bridges or
				fences across a spillway unless the construction is approved in writing by the
				Director. The Director's approval may include conditions regarding the design
				and operation of the spillway and fencing, based on safety concerns.
g. Not use a pipe or culvert as an emergency
				spillway unless the Director approves the use following review of the dam
				design and site characteristics.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Table 4 - Inflow Design Flood

Current through Register Vol. 30, No. 28, July 12, 2024
Dam Hazard Class
Dam Size Classification
IDF Magnitude
Very Low
All Sizes
100-year
Low
All Sizes
0.25 PMF
Significant
Small Intermediate Large
0.25 PMF 0.5 PMF 0.5 PMF
High*
All Sizes
*
* For a high hazard potential dam, the applicant shall design
				  the dam to withstand an inflow design flood that varies from .5 PMF to the full
				  PMF, with size increasing based on persons at risk and potential for downstream
				  damage. The applicant shall consider foreseeable future
				  conditions.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Table 5 - Minimum Factors of Safety for Stability1

Current through Register Vol. 30, No. 28, July 12, 2024
Embankment Loading Condition
Minimum Factor of Safety
End of construction case -
						  upstream and downstream slopes
1.3
End of construction case for
						  embankments greater than 50 feet in height on weak foundations
1.4
Steady state seepage - upstream
						  (critical partial pool) and downstream slope (full pool)
1.5
Instantaneous drawdown -
						  upstream slope
1.2
1 Not applicable to an embankment on a clay shale
				  foundation.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1217 - Maintenance and Repair; Emergency Actions

Current through Register Vol. 30, No. 28, July 12, 2024
A. An owner shall perform general maintenance
				and ordinary repairs that do not impair the safety of the dam. General
				maintenance and ordinary repair activities listed under this subsection do not
				require prior approval of the Director. These repair activities include:
1. Removing brush or tall weeds.
2. Cutting trees and removing slash from the
				embankment or spillway. Small stumps may be removed provided no excavation into
				the embankment occurs.
3.
				Exterminating rodents by trapping or other methods. Rodent damage may be
				repaired provided it does not involve excavation that extends more than 2 feet
				into the embankment and replacement materials are compacted as they are
				placed.
4. Repairing erosion
				gullies less than 2 feet deep on the embankment or in the spillway.
5. Grading the surface on the top of the dam
				embankment or spillway to eliminate potholes and provide proper drainage,
				provided the freeboard is not reduced.
6. Placing additional riprap and bedding on
				the upstream slope, or in the spillway in areas that have sustained minor
				damage and restoring the original riprap protection where the damage has not
				yet resulted in erosion and weakening of the dam.
7. Painting, caulking, or lubricating metal
				structures.
8. Patching or caulking
				spalled or cracked concrete to prevent deterioration.
9. Removing debris, rock, or earth from
				outlet conduits or spillway channels and basins.
10. Patching to prevent deterioration within
				outlet works.
11. Replacing worn or
				damaged parts on outlet valves or controls to restore them to original
				condition or its equivalent.
12.
				Repairing or replacing fences intended to keep traffic or livestock off the dam
				or spillway.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1218 - Safe Storage Level

Current through Register Vol. 30, No. 28, July 12, 2024
The Director has the authority to determine the safe storage
				  level for the reservoir behind each dam, including the storage level of an
				  existing dam while it is being repaired, enlarged, altered, breached, or
				  removed. The elevation of the safe storage level is stated on the license. The
				  owner shall not store water in excess of the level determined by the Director
				  to be safe. The owner shall not place flashboards or other devices in the
				  emergency spillway without approval of an alteration of the dam in accordance
				  with this Article.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1219 - Safety Inspections; Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Except as provided in subsection (E), the Director shall conduct a dam safety
				inspection annually or more frequently for each high hazard potential dam,
				triennially for each significant hazard potential dam, and once every five
				years for each low and very low hazard potential dam. An owner of a dam shall
				pay the inspection fee required by R12-15-105 for each inspection of the dam
				pursuant to this subsection.
B. An
				engineer is considered qualified to provide information to the Director
				regarding the safe storage level of a reservoir if the engineer:
1. Meets the criteria in
				R12-15-1202(11),
2. Has three years
				of experience in the field of dam safety, and
3. Has actual experience in conducting dam
				safety inspections.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1220 - Existing Dams

Current through Register Vol. 30, No. 28, July 12, 2024
A. The requirements
				of this Article apply to existing dams, except as provided in subsections (B)
				and (C).
B. If the Director has
				determined that an existing dam is in a safe condition, the owner is not
				required to comply with
				R12-15-1216
				unless the Director determines that it is cost effective to upgrade the dam to
				comply with the requirements of R12-15-1216 at the time a major alteration or
				major repair is planned. In determining whether it is cost effective to upgrade
				a dam, the Director shall consider:
1. The
				hazard potential classification of the dam;
2. Whether the cost of the upgrade would
				exceed 25% of the total cost of the major alteration or major repair;
				and
3. Whether there is a more cost
				effective alternative that would provide an equivalent increase in
				safety.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1221 - Emergency Action Plans

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				owner of a high or significant hazard potential dam shall prepare, maintain,
				and exercise a written emergency action plan for immediate defensive action to
				prevent failure of the dam and minimize any threat to downstream development.
				The emergency action plan shall contain a:
1.
				Notification chart showing the priority for notification in an emergency
				situation. The owner shall notify local emergency response agencies, affected
				downstream populations, county emergency management agencies, and affected
				flood control districts;
2.
				Description of the demand reservoir and scope of the emergency action
				plan;
3. Delineation of potentially
				unsafe conditions, evaluation procedures, and triggering events that require
				the initiation of partial or full emergency notification procedures, based on
				the urgency of the situation;
4.
				Delineation of areas of responsibility of the owner and other parties. The
				emergency action plan shall clearly identify individuals responsible for
				notifications and declaring an emergency;
5. Specific notification procedure for each
				emergency situation anticipated;
6.
				Description of emergency supplies and resources, equipment access to the site,
				and alternative means of communication. The emergency action plan shall also
				identify specific preparedness activities required, such as annual full or
				partial mock exercises and updates of the emergency action plan; and
7. Map showing the area that would be subject
				to flooding due to spillway flows and dam failures.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1222 - Right of Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				or owner aggrieved by a decision of the Director regarding the determination of
				hazard classification, jurisdictional status, or the Director's application of
				this Article may seek review of an appealable agency action under A.R.S. Title
				41, Chapter 6, Article 10.
B. An
				applicant or owner aggrieved by a decision of the Director that requires the
				exercise of professional engineering judgment or discretion or the assessment
				of risk to human life or property, such as the adequacy of an applicant's
				project documentation, dam design, safe storage level, requirements for
				existing dams, or maintenance, may seek review by a board of review under
				A.R.S. §§
									45-1210 and
				45-1211.
C. The following actions are not subject to
				review:
1. Emergency measures taken under
				A.R.S. §§
										45-1212
				or
				45-1221.
2. Agency decisions made under A.R.S.
				§§
										41-1009(E)
				or (F).
3. Agency actions made exempt from review by
				law.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1223 - Enforcement Authority

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department may exercise its discretion to take action necessary to prevent
				danger to human life or property. The Director may take any legal action that
				is proper and necessary for the enforcement of this Chapter.
B. If the Director has cause to believe that
				a dam is unsafe or a person is violating or has violated a provision of this
				Article or A.R.S. Title 45, Chapter 6, Article 1, the Director may issue a
				notice directing the owner to remedy the safety deficiency or correct the
				violation. The owner may appeal a notice issued under this subsection as an
				appealable agency action in accordance with A.R.S. Title 41, Chapter 6, Article
				10. If the owner does not appeal within 30 days after the date on the notice,
				the notice becomes final and may be incorporated as a condition of any license
				based on the duration of the requirement.
C. If the Director has cause to believe that
				a dam is unsafe or a person is violating or has violated a provision of this
				Article or A.R.S. Title 45, Chapter 6, Article 1, the Director may proceed
				under A.R.S. §
									45-1221
				to initiate a contested case under A.R.S. Title 41, Chapter 6, Article 10 by
				requesting an administrative hearing.
D. Following a written decision by an
				administrative law judge, the Director shall issue a decision and order
				accepting, rejecting, or modifying the administrative law judge's decision.
				Upon expiration of time to appeal, the decision and order becomes final and may
				be incorporated as a condition of any license based on the duration of the
				requirement.
E. If the Director has
				cause to believe that a dam is unsafe or a person is violating or has violated
				a provision of this Article or A.R.S. Title 45, Chapter 6, Article 1 the
				Director may commence an action in a court of appropriate jurisdiction if:
1. The violation is an emergency requiring
				appropriate steps to be taken without delay; or
2. The Director has cause to believe that use
				of the administrative procedure would be ineffective or that delay would ensue
				and a deterioration in the safety of the dam would occur.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1224 - Emergency Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				owner of a dam shall immediately notify the Department and responsible
				authorities in adjacent and downstream communities, including emergency
				management authorities, of a condition that may threaten the safety of the dam.
				The owner shall take necessary actions to protect human life and property,
				including action required under an emergency action plan or order issued under
				this Article.
1. A condition that may threaten
				the safety of a dam includes:
a. Sliding of
				upstream or downstream slopes or abutments contiguous to the dam;
b. Sudden subsidence of the top of the
				dam;
c. Longitudinal or transverse
				cracking of the top of the dam;
d.
				Unusual release of water from the downstream slope or face of the
				dam;
e. Other unusual conditions at
				the downstream slope of the dam;
f.
				Significant landslides in the reservoir area;
g. Increasing volume of seepage;
h. Cloudy seepage or recent deposits of soil
				at seepage exit points;
i. Sudden
				cracking or displacement of concrete in a concrete or masonry dam spillway or
				outlet works;
j. Loss of freeboard
				or dam cross section due to storm wave erosion;
k. Flood waters overtopping an embankment
				dam; or
l. Spillway backcutting that
				threatens evacuation of the reservoir.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1225 - Emergency Repairs

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director
				shall use monies from the dam repair fund, established under A.R.S. §
									45-1212.01 to
				employ any remedial measure necessary to protect human life and property
				resulting from a condition that threatens the safety of a dam if the dam owner
				is unable or unwilling to take action and there is not sufficient time to issue
				and enforce an order.
B. The deputy
				director may authorize an expenditure not to exceed $10,000 from the dam repair
				fund for remedial measures under A.R.S. §
									45-1212.
				The expenditure of any additional funds shall be approved by the
				Director.
C. The Director shall
				hold a lien against all property of the owner in accordance with A.R.S. §
									45-1212.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1226 - Non-emergency Repairs; Loans and Grants

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Director determines that a dam
				represents a threat to human life and property but is not in an emergency
				condition, the Director may use the dam repair fund, established under A.R.S.
				§
									45-1212.01, as
				prescribed in this Article to defray the costs of repair.
B. Monies from the dam repair fund may be
				used for loans and grants to owners as provided in A.R.S. §§
									45-1218 and
				45-1219.
C. To qualify for a loan or grant from the
				dam repair fund, a dam shall be classified as unsafe by the Director.
D. The Director may authorize grant funds for
				all or part of the cost of engineering studies or construction needed to
				mitigate the threat to human life and property created by a dam.
1. The Director and the grantee shall execute
				a financial assistance agreement that includes terms of financial assistance,
				the work progress, and payment schedule.
2. The Director shall disburse grant funds in
				accordance with the financial assistance agreement.
3. The Director shall establish a priority
				ranking for grants based on factors including the potential for failure of a
				dam, the number of lives at risk, and the capability of the owner to pay a
				portion of the costs.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 16

Current through Register Vol. 30, No. 28, July 12, 2024
Title 12, Chapter 16
			 (Solar Energy Commission) was repealed by Laws 1987, Ch. 327, § 1,
			 effective August 18, 1987, retroactively effective to July 1, 1987 (Supp.
			 00-3).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-101 - Petition to Modify Priorities

Current through Register Vol. 30, No. 28, July 12, 2024
If a person is aggrieved by the undetermined navigability
				  status of a watercourse and submits a petition under A.R.S. §
									37-1123(F),
				  the Commission shall meet within 30 days following receipt of the petition to
				  consider whether to modify the priorities set in accordance with A.R.S. §
									37-1123(E).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-103 - Service of Documents

Current through Register Vol. 30, No. 28, July 12, 2024
If a party has appeared by an attorney, service upon the
				  attorney is deemed service upon the party.
1. Method of service.
a. Hand delivery with receipt or certificate
				of delivery,
b. Legible facsimile
				with confirmed receipt,
c. Personal
				service, or
d. Regular
				mail.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-104 - Notice of Appearance As a Party

Current through Register Vol. 30, No. 28, July 12, 2024
A person may appear as a party at a Commission hearing
				  by:
1. Providing notice to the
				Commission in writing before or at the hearing,
2. Appearing at the hearing, or
3. Filing a post hearing opening legal
				memorandum or a response legal memorandum.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-105 - Evidence

Current through Register Vol. 30, No. 28, July 12, 2024
A. Submission of
				evidence.
1. Any person may submit evidence
				to the Commission in person or by mail to the Arizona Navigable Stream
				Adjudication Commission, 1700 West Washington, Suite 304, Phoenix, Arizona
				85007, on or before the published hearing date.
2. A person may submit evidence relevant to a
				matter that is being heard.
3. A
				person is not required to resubmit evidence previously submitted to the
				Commission before August 9, 2002 that relates to the navigability of a
				particular watercourse.
4. A person
				submitting evidence shall submit an original and seven copies of the evidence.
a. The evidence shall, where practical, be
				printed on one side of 8 1/2 x 11-inch paper.
b. For computer-generated presentations, such
				as PowerPoint, only paper printouts of the presentation slides are
				accepted.
5. All
				evidence submitted, including maps, charts, photographs, transparencies,
				audiotapes, and videotapes are the property of the Commission.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-106 - Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. Evidence.
1. The Commission shall receive, review, and
				consider only evidence relevant to the matter being heard.
2. At the beginning of the hearing, the
				Presiding Officer shall announce the time when evidence will no longer be
				accepted for consideration.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-107 - Hearing Record

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Presiding
				Officer shall ensure that a record of the proceeding is created. The Presiding
				Officer may tape record or secure a court reporter to produce a record of the
				proceeding. The Commission shall retain the original audiotape recording or the
				court reporter's transcript of the hearing, whichever method is used.
B. A person may obtain a copy of an audiotape
				recording of a hearing by requesting a copy of the audiotape and by providing
				the Commission with a blank audiotape.
C. A person may obtain a copy of a court
				reporter's transcript by making copying arrangements directly with the court
				reporter.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-108 - Legal Memoranda

Current through Register Vol. 30, No. 28, July 12, 2024
A. Opening
				legal memoranda.
1. A party may file an
				opening legal memorandum with the Commission within 30 days, or within another
				reasonable period of time after conclusion of the hearing, as determined by the
				Presiding Officer.
2. The party
				shall serve a copy of the opening legal memorandum upon all other parties to
				the hearing and file proof of service with the Commission.
3. Unless allowed by the Commission, a party
				shall not submit an opening legal memorandum that exceeds 25 pages.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-109 - Hearing to Identify Public Trust Values

Current through Register Vol. 30, No. 28, July 12, 2024
If the Commission determines that a watercourse was navigable
				  as of February 14, 1912, the Commission shall, within 90 days of its final
				  determination, hold a hearing to identify any trust values associated with the
				  watercourse.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 17 - Arizona Navigable Stream Adjudication Commission › Article 1 - HEARINGS › Section R12-17-110 - Hearing Log

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission shall maintain a log of all Commission
				  hearings and shall assign a number to each hearing regarding a particular
				  watercourse. The hearing log shall include:
1. The hearing number,
2. The name and date of the
				hearing,
3. The final determination
				date,
4. The Commission report
				date; and
5. The county recording
				or close date.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-102 - Submission and Retention of Criminal Justice Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The chief
				officer of a criminal justice agency in this state shall ensure that CHRI is
				submitted to the Department's Central State Repository as follows.
1. A law enforcement agency shall submit
				arrest fingerprints to the Department through the AZAFIS or through the
				mail.
2. A law enforcement agency
				shall submit any corrections to previously submitted arrest fingerprints to the
				Department by fax or mail on the "Correction of Arrest Information" form
				available from the Department. The Department's Central State Repository shall
				correct the record as requested. Corrections to or deletion of arrest records
				may only be requested by the arresting or booking agency. The Correction of
				Information form includes:
a. Name of the
				person authorizing the correction or deletion;
b. Agency name, ORI, and telephone and fax
				numbers;
c. PCN;
d. SID;
e. Subject of record's name and date of
				birth;
f. Arresting agency case
				number;
g. Date of arrest;
				and
h. Correction or deletion
				needed.
3. Law
				enforcement agencies, prosecutors' offices, and courts shall submit
				dispositions related to an arrest fingerprint to the Department's Central State
				Repository within 40 days from the disposition date.
4. A court shall submit court orders that
				affect criminal history records to the Department's Central State Repository.
				The Department shall update the criminal history record based on the
				information received in the court order.
5. A county medical examiner shall provide to
				the Department's Central State Repository a full set of 10 inked and rolled
				fingerprints of a deceased person whose death is required to be investigated by
				the county medical examiner's office. The Department shall search the
				fingerprints to determine whether any criminal record is maintained and, if so,
				update the record to indicate notification of the death. The county medical
				examiner shall ensure that the complete fingerprint record submitted to the
				Department includes:
a. Deceased person's full
				name,
b. Date of birth,
				and
c. Personal
				identifiers.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-102 - Submission and Retention of Criminal Justice Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The chief officer of a criminal justice
				agency in this state shall ensure that CHRI is submitted to the Department's
				Central State Repository as follows.
1. A law
				enforcement agency shall submit arrest fingerprints to the Department through
				the ABIS or through the mail to the Department, Biometrics Identification Unit,
				P.O. Box 6638, Mail Drop 3130, Phoenix, AZ 85005-6638.
2. A law enforcement agency shall comply with
				the requirements of the ABIS Operating Manual, Version 1.0, dated October 25,
				2023 which is incorporated by reference and contains no future additions or
				amendments. The manual can be obtained from the Department's Biometrics
				Identification Unit at 2222 W. Encanto Blvd, Phoenix, AZ 85009 or (602) 2232041
				or dpsident@azdps.gov.
3. Law
				enforcement agencies, prosecutor offices, and courts shall submit dispositions
				related to an arrest fingerprint to the Department's Central State Repository
				within 40 calendar days from the disposition date.
4. A court shall submit court orders that
				affect criminal history records to the Department's Central State Repository
				within 10 calendar days. The Department shall update the criminal history
				record based on the information received in the court order.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-103 - Procedures for Law Enforcement Agencies and Prosecutors' Offices to Forward Dispositions of Criminal Proceedings to the Central State Repository

Current through Register Vol. 30, No. 28, July 12, 2024
A. A law
				enforcement agency and prosecutor office shall submit a completed Disposition
				Report form for crimes specified in A.R.S. §
									41-1750(C)
				 to the Department's Central State Repository
				as outlined in A.R.S. §
									41-1750.
B. The law enforcement agency that prepares
				the Disposition Report form shall complete the information in blocks #1 through
				16 on the Disposition Report form as shown in Exhibit A for the arrest charges
				filed by the agency.
1. The law enforcement
				agency that prepares the Disposition Report form shall forward the form to the
				appropriate prosecutor's office. If the arresting agency makes a decision not
				to pursue criminal charges, the arresting agency shall complete blocks #1
				through #16 and blocks #18, 25, and 26, and submit the completed form to the
				Department's Central State Repository.
2. The Department's Central State Repository
				shall update the criminal history record with the disposition report
				information.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-103 - Procedures for Law Enforcement Agencies and Prosecutors' Office to Forward Dispositions of Criminal Proceedings to the Central State Repository

Current through Register Vol. 30, No. 28, July 12, 2024
A. A law
				enforcement agency and prosecutor office shall submit a completed Disposition
				Report form for crimes specified in A.R.S. §
									41-1750(C)  to
				the Department's Central State Repository as outlined in A.R.S. §
									41-1750.
B. The law enforcement agency that prepares
				the Disposition Report form shall complete the information in blocks #1 through
				#16 on the Disposition Report form as shown in Exhibit A for the arrest charges
				filed by the agency.
1. The law enforcement
				agency that prepares the Disposition Report form shall forward the form to the
				appropriate prosecutor's office. If the arresting agency decides not to pursue
				criminal charges, the arresting agency shall complete blocks #1 through #16 and
				blocks #18, #25, and #26, and submit the completed form to the Department's
				Central State Repository.
2. The
				Department's Central State Repository shall update the criminal history record
				with the disposition report information.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-104 - Procedures for Juveniles Remanded As Adults and Procedures for the Department of Corrections to Forward Information Regarding Inmates to the Central State Repository

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department maintains criminal history records in the Central State Repository
				for juveniles as the subject of record only if the juvenile is remanded to an
				adult court. If a criminal justice agency is processing a juvenile who is
				remanded to an adult court, the agency shall use the procedures in this Article
				to submit criminal history records to the Department's Central State
				Repository.
B. The Arizona
				Department of Corrections shall forward each week to the Department a computer
				tape that includes for each inmate within the prison system the inmate's full
				name, date of birth, sex, race, inmate number assigned by the agency, arrest
				information for which the inmate is serving time in prison, and custody status.
				The Department shall update computerized files of the Offender-based Tracking
				System and the Arizona Computerized Criminal History, when
				applicable.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-105 - Procedures for a Criminal Court to Forward Dispositions of Criminal Charges to the Central State Repository

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				criminal court shall submit the disposition of all charges to the Central State
				Repository under Rule 37 of the Arizona Rules of Criminal Procedure.
B. The court shall verify the arrest charges
				listed on the Disposition Report form and complete the applicable blocks for
				each charge addressed by the court.
C. If there is more than one arrest charge
				listed on the Disposition Report form and any of the charges are being
				adjudicated by another court, the court shall photocopy the Disposition Report
				form and forward it to the other court.
D. The court shall complete and forward the
				disposition form to the Department's Central State Repository. The Department
				shall update the criminal history record with the disposition report
				information.
E. A criminal court
				shall use a Disposition Report supplemental form provided by the Department to
				report additional arrest charges and dispositions of the charges. The
				Disposition Report form is used to record the first three charges of an arrest
				event and the disposition of these charges. The Disposition Report supplemental
				form is used to record additional charges and the dispositions of those
				additional charges.
F. Agencies may
				submit disposition information electronically to the Department's Central State
				Repository instead of a paper form if the agency enforces quality control
				measures and follows the electronic disposition formats provided by the
				Department.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-106 - Arrest Fingerprint Record Submission

Current through Register Vol. 30, No. 28, July 12, 2024
A. The chief officer of a criminal justice
				agency shall ensure that a completed arrest fingerprint record prescribed by
				subsection (D) in a format prescribed by the Department is sent to the
				Department's Central State Repository within 10 days from the date of
				fingerprinting using one of the following methods:
1. AZAFIS Livescan,
2. AZAFIS Image Scanner, or
3. Ink-and-roll arrest fingerprint
				card.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 1 - Department of Public Safety Criminal Identification Section › Article 1 - CRIMINAL HISTORY RECORDS › Section R13-1-106 - Arrest Fingerprint Record Submission

Current through Register Vol. 30, No. 28, July 12, 2024
A. The chief officer of a criminal justice
				agency shall ensure that a completed arrest fingerprint record with
				classifiable fingerprints as prescribed by subsection (D) in a format
				prescribed by the Department is sent to the Department's Central State
				Repository within 10 calendar days from the date of fingerprinting using one of
				the following methods:
1. ABIS
				Livescan,
2. ABIS Image Scanner,
				or
3. Ink-and-roll paper arrest
				fingerprint card to the Department, Biometrics Identification Unit, P.O. Box
				6638, Mail Drop 3130, Phoenix, AZ 85005-6638.