| Article 1 |
Department of Water Resources |
|
45-101
|
Definitions |
|
45-102
|
Department of water resources; director; appointment; qualifications; compensation |
|
45-103
|
Scope of authority and responsibility of department and director |
|
45-104
|
Department organization; deputy directors; employees; legal counsel; branch offices; consultants |
|
45-105
|
Powers and duties of director |
|
45-106
|
Limitation of powers |
|
45-107
|
Cooperation with the secretary of the interior of the United States |
|
45-107.01
|
Waiver of rights to return flow credits |
|
45-108; Version 2
|
Evaluation of subdivision water supply; definition |
|
45-108
|
Evaluation of subdivision water supply; definition |
|
45-108.01; Version 2
|
Application for water report or designation of adequate water supply; notice; objections; hearing; appeals |
|
45-108.01
|
Application for water report or designation of adequate water supply; notice; objections; hearing; appeals |
|
45-108.02; Version 2
|
Exemption from adequate water supply requirements for city, town or county based on substantial capital investment; application; criteria; expiration |
|
45-108.02
|
Exemption from adequate water supply requirements for city, town or county based on substantial capital investment; application; criteria; expiration |
|
45-108.03; Version 2
|
Exemption from adequate water supply requirements for city, town or county based on an adequate water supply within twenty years; criteria; application |
|
45-108.03
|
Exemption from adequate water supply requirements for city, town or county based on an adequate water supply within twenty years; criteria; application |
|
45-108.04; Version 2
|
Definition of adequate water supply; upper San Pedro water district |
|
45-108.04
|
Definition of adequate water supply; upper San Pedro water district |
|
45-108.05
|
Water supply definitions |
|
45-108.06
|
Water provider water supply information; definitions |
|
45-109
|
Division of state into water districts; district water superintendent |
|
45-110
|
Duties of superintendent; injunctive relief of injured water user |
|
45-111
|
Annual report by director |
|
45-112
|
Violations; classification; enforcement |
|
45-113
|
Fees; refunds |
|
45-114
|
Administrative proceedings; rehearing or review; judicial review |
|
45-115
|
Production and copying fund; use; account; nonreversion |
|
45-116
|
Publication and mailing fund; use; account; nonreversion |
|
45-117
|
Water resources fund; purpose; monies held in trust |
| Article 3 |
Bodies of Water |
|
45-131
|
Definitions |
|
45-132
|
Filling large bodies of water for landscape, scenic or recreational purposes prohibited; exceptions; preemption |
|
45-133
|
Permit for interim water use; application; fee; surcharge on use of groundwater |
|
45-134
|
Temporary emergency permit for use of surface water or groundwater in body of water |
|
45-135
|
Inspections; investigations |
|
45-136
|
Cease and desist order; temporary cease and desist order; hearings; injunctive relief |
|
45-137
|
Civil penalties |
|
45-138
|
Burden of proof |
|
45-139
|
Violation; classification |
|
45-139.01
|
Notice of source of water used to fill or refill body of water |
|
45-139.02
|
Effect on legal status of effluent |
| Article 4 |
Public Nature and Use of Surface Water |
|
45-141
|
Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture |
| Article 5 |
Appropriation of Water |
|
45-151
|
Right of appropriation; permitted uses; water rights in stockponds; federal lands |
|
45-152
|
Application for permit to appropriate water |
|
45-153
|
Criteria for approval or rejection of applications; restrictions on approval |
|
45-154
|
Correction of defective application |
|
45-155
|
Requiring additional information on application |
|
45-156
|
Legislative authorization for appropriation of water to generate power; change in use |
|
45-157
|
Relative value of uses |
|
45-158
|
Effect of approval or rejection of application |
|
45-159
|
Conditions of acceptance of permit |
|
45-160
|
Limitation on time of completion of construction; exception |
|
45-161
|
Applications for reservoir permits; secondary permits for water |
|
45-162
|
Certificate of water right; time limitation on use of water for power purposes |
|
45-163
|
Assignments |
|
45-164
|
Registry; reporting |
|
45-165
|
Application for interstate operations |
|
45-166
|
Approval for appropriation of waters for generating electric energy |
| Article 6 |
Rights to Water |
|
45-171
|
Effect of chapter on vested water rights |
|
45-172
|
Transfer of water rights; application; limitations; required consent |
|
45-173
|
Use of natural waterway to carry water of another or for other water projects; dispute over division of waters |
|
45-174
|
Using bed of stream as carrier of reservoir waters |
|
45-175
|
Chronological preference to water in times of scarcity |
|
45-176
|
Transfer of water rights; water rights settlement; limitation; required consent |
| Article 7 |
Water Rights Registration |
|
45-181
|
Definitions |
|
45-182
|
Claim of right to withdraw, divert or use public waters; exception; administration by director of water resources |
|
45-183
|
Contents of statement of claim; filing procedure; fee |
|
45-184
|
Waiver and relinquishment of water right |
|
45-185
|
Filing of claim not deemed adjudication of right; presumption; exemption |
|
45-186
|
Water rights claims registry |
|
45-187
|
No rights acquired by adverse use or adverse possession |
|
45-188
|
Future rights acquired through appropriation; rights within service area of agricultural or municipal provider |
|
45-189
|
Reversion of rights due to nonuse; notice; hearing; order; exception |
|
45-190
|
Overstating claim; classification |
| Article 8 |
Reservoirs and Canals |
|
45-201
|
Construction of canals; eminent domain |
|
45-202
|
Opening fence without consent of owner; damages |
|
45-203
|
Head gates; measuring devices required on canals and reservoirs |
|
45-204
|
Prohibition on canal owner to contract to carry water in excess of capacity of canal |
|
45-205
|
Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability |
|
45-206
|
Widening and extending lateral ditches; definition |
| Article 9 |
General Adjudication of Water Rights |
|
45-251
|
Definitions |
|
45-252
|
General adjudication; representation; superior court; assignment to judge; petition |
|
45-253
|
Service of summons; statement of claimant form; record |
|
45-254
|
Statement of claimant; filing; information to be included; verification; failure to file; fees |
|
45-255
|
Appointment of master; compensation |
|
45-256
|
Technical assistance of director; report |
|
45-257
|
Hearings; report of master; final judgment by court; administration and enforcement of decree |
|
45-258
|
Summary adjudication of de minimis water uses |
|
45-259
|
Rules governing general adjudications |
|
45-260
|
General adjudication fund |
|
45-261
|
Presumption in favor of prior filings and decrees |
|
45-262
|
Settlement of Indian claims; effect |
|
45-263
|
State law applicable; public trust inapplicable |
|
45-264
|
Joint legislative adjudication monitoring committee |
| Article 10 |
Registration of Stockponds |
|
45-271
|
Definition of stockpond |
|
45-272
|
Water rights in stockponds; priority |
|
45-273
|
Claim of water right; penalty; fee |
|
45-274
|
Notice of claims; protest; grounds; contents |
|
45-275
|
Investigation, hearing and certification of claims |
|
45-276
|
Statement of continuing use; revocation of certification |
| Article 11 |
Exportation of Water From This State |
|
45-291
|
Definition of person |
|
45-292
|
Approval required to transport water out of state; application; fee; criteria; hearing |
|
45-293
|
Compliance monitoring, reports and notices; jurisdiction |
|
45-294
|
Limited nonapplicability |
| Article 12 |
Water Conservation Plumbing Requirements |
|
45-311
|
Definitions |
|
45-312
|
Prohibited plumbing fixtures; residential construction |
|
45-313
|
Prohibited plumbing fixtures; commercial, industrial and public construction |
|
45-313.01
|
Water free urinals; state buildings |
|
45-314
|
Labeling fixtures; violation |
|
45-315
|
Waiver of requirements; unavailability; health or safety requirements |
|
45-316
|
Violation; civil penalties |
|
45-317
|
Inspections |
|
45-318
|
Cease and desist order; hearing; injunctive relief |
|
45-319
|
Exception; preemption |
|
45-320
|
Rules |
| Article 13 |
Colorado River Water Use Fee |
|
45-331
|
Definitions |
|
45-332
|
Cooperation in lower Colorado river multispecies conservation program |
|
45-333
|
Colorado river water use fee; purpose |
|
45-334
|
Setting Colorado river water use fee |
|
45-335
|
Payment of fee; penalty for delinquency |
| Article 14 |
Community Water System Planning and Reporting Requirements |
|
45-341
|
Definitions |
|
45-342
|
System water plan; components; exceptions |
|
45-343
|
Records and annual report of water use; penalty |
| Article 1 |
Administration |
|
45-401
|
Declaration of policy |
|
45-402
|
Definitions |
|
45-403
|
Designation of groundwater basins and sub-basins; hearing |
|
45-404
|
Findings on hearing; maps; order for boundaries of groundwater basin; review and modification of boundaries |
|
45-405
|
Judicial review of decisions of the director; assignment of actions for judicial review |
|
45-406
|
Designation of judges; publication of designated judges |
|
45-407
|
Stay of director's decision; precedence of actions for judicial review; review by the court of appeals |
| Article 2 |
Active Management Areas |
|
45-411
|
Initial active management areas; maps |
|
45-411.01
|
Exemptions from irrigation water duties, conservation requirements for distribution of groundwater and portions of groundwater withdrawal fee for portions of Phoenix active management area; fee; review |
|
45-411.02
|
Modification of boundaries of Tucson active management area; map |
|
45-411.03
|
Santa Cruz active management area; map |
|
45-411.04
|
Declaration of policy and intent; Santa Cruz active management area |
|
45-412
|
Subsequent active management areas; criteria; review of groundwater basins not subject to active management |
|
45-413
|
Hearing on designation of subsequent active management areas and boundaries; notice; procedures |
|
45-414
|
Findings upon hearing; order for active management area; publication |
|
45-415
|
Local initiation for active management area; procedures |
|
45-416
|
Limitation on number of irrigated acres |
|
45-417
|
Review and modification of boundaries of subsequent active management area |
|
45-418
|
Area director; appointment; term; qualifications; compensation |
|
45-419
|
Duties of area director |
|
45-420
|
Groundwater users advisory councils; appointment; representation of water users; term; compensation |
|
45-421
|
Administrative duties of the groundwater users advisory councils |
| Article 3 |
Irrigation Non-Expansion Areas |
|
45-431
|
Initial irrigation non-expansion areas |
|
45-432
|
Subsequent irrigation non-expansion areas; designation; review |
|
45-433
|
Local initiation for designation; procedures |
|
45-434
|
Limitation on number of irrigated acres |
|
45-435
|
Hearing on designation of subsequent irrigation non-expansion areas and boundaries; notice; procedures |
|
45-436
|
Findings upon hearing; order for irrigation non-expansion area; publication |
|
45-437
|
Irrigated acreage; water measuring device; annual report of groundwater pumping; penalty; transportation; exemption |
|
45-437.01
|
Substitution of irrigated acreage in an irrigation district; central Arizona project water |
|
45-437.02
|
Flood damaged acres; substitution of acres; definitions |
|
45-437.03
|
Impediments to efficient irrigation; substitution of acres; definitions |
|
45-438
|
Review and modification of boundaries of irrigation non-expansion areas |
|
45-439
|
Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures |
|
45-440
|
Subsequent irrigation non-expansion area; limitation on use of groundwater |
| Article 4 |
Groundwater Rights and Uses in General |
|
45-451
|
Groundwater rights and uses in active management areas |
|
45-452
|
No new irrigated acreage in active management areas; central Arizona project water; exemption |
|
45-453
|
Groundwater rights and uses in areas outside active management areas; amounts; transportation; irrigation non-expansion areas |
|
45-454
|
Exemption of small non-irrigation wells; definitions |
|
45-454.01
|
Exemption of superfund remedial action activities; use requirements; definition |
|
45-455
|
Application to state lands |
| Article 5 |
Grandfathered Groundwater Rights in Active Management Areas |
|
45-461
|
Definitions |
|
45-462
|
Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use |
|
45-463
|
Type 1 non-irrigation grandfathered right associated with retired irrigated land; appurtenancy; ownership |
|
45-464
|
Type 2 non-irrigation grandfathered right not associated with retired irrigated land; determination of amount; definition; ownership |
|
45-465
|
Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy |
|
45-465.01
|
Flood damaged acres; substitution of acres; definition |
|
45-465.02
|
Impediments to efficient irrigation; substitution of acres; definitions |
|
45-465.03
|
Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions |
|
45-466
|
Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty |
|
45-467
|
Withdrawals in excess of irrigation grandfathered right; withdrawals less than irrigation grandfathered right; flexibility account; conveyances; variance; exemption |
|
45-468
|
Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses |
|
45-469
|
Right to retire irrigation grandfathered right for non‑irrigation use; development plan approval; amendment of plan; approval of plan prior to retirement; amount withdrawn; service area determined; restoration of retired irrigation grandfathered right |
|
45-470
|
Use of type 1 non-irrigation grandfathered right by original owner; definition |
|
45-471
|
Use of type 2 non-irrigation grandfathered right by owner |
|
45-472
|
Conveyance of irrigation grandfathered right; within service area; outside service area; change to non‑irrigation grandfathered right; forfeiture of right to convey to non‑irrigation use; definition |
|
45-473
|
Conveyance of type 1 non-irrigation grandfathered right; use by new owner; appurtenancy; within service area; outside service area; definition |
|
45-473.01
|
Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473 |
|
45-474
|
Conveyance of type 2 non-irrigation grandfathered right; amount |
|
45-475
|
Determination of exterior boundaries of service area for purposes of conveyances |
|
45-476
|
Application for certificate of grandfathered right |
|
45-476.01
|
Late applications for certificates of grandfathered rights; definition |
|
45-477
|
Right to withdraw, receive or use groundwater in an initial active management area |
|
45-477.01
|
Waiver and relinquishment of grandfathered rights in a subsequent active management area |
|
45-478
|
Notice of requirement to apply for certificate of grandfathered right |
|
45-479
|
Registry of applications; written objections; request for hearing |
|
45-480
|
Review of applications; investigations; hearings; final determination; judicial review |
|
45-481
|
Issuance of certificates; contents; recordation |
|
45-482
|
Registry of certificates of grandfathered right; reporting; definition |
|
45-483
|
Designation of protected farmland; notice; revocation of designation; irrigation water duty; assured water supply credit for extinguishment of irrigation grandfathered right prohibited |
| Article 6 |
Groundwater Rights and Uses Within Service Areas |
|
45-491
|
Scope of article |
|
45-492
|
Withdrawals by cities, towns and private water companies within service areas; contract to supply groundwater |
|
45-493
|
Limitations on extensions of service areas; prohibition on formation of private water company for irrigation purpose; prohibition on service without payment of tax |
|
45-494
|
Withdrawals by irrigation districts in initial active management areas |
|
45-494.01
|
Addition and exclusion of area by irrigation districts in initial active management areas |
|
45-495
|
Withdrawals and transportations by irrigation districts within subsequent active management areas |
|
45-496
|
Applicability of general transportation provisions and conservation requirements |
|
45-497
|
Withdrawal of groundwater by irrigation districts for municipal or industrial purposes |
|
45-498
|
Maps of service areas |
| Article 7 |
Groundwater Withdrawal Permits |
|
45-511
|
Definitions |
|
45-512
|
Categories of groundwater withdrawal permits |
|
45-513
|
Dewatering permit; definition; priorities for use of groundwater; conditions on director; duration of permit |
|
45-514
|
Mineral extraction and metallurgical processing permit; conditions for issuance; duration of permit |
|
45-515
|
General industrial use permits; conditions for issuance; duration of permit |
|
45-516
|
Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit |
|
45-517
|
Temporary permit for electrical energy generation; conditions for issuance |
|
45-518
|
Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance |
|
45-519
|
Drainage water withdrawal permit; conditions for issuance |
|
45-519.01
|
Hydrologic testing permits; conditions for issuance |
|
45-520
|
Point of withdrawal; location of use; conveyance |
|
45-521
|
Permit application form; filing; contents |
|
45-522
|
Correction of application |
|
45-523
|
Notice; objections; hearing |
|
45-524
|
Approval or rejection of permit application |
|
45-525
|
Registry of permits; reporting |
|
45-526
|
Appeals |
|
45-527
|
Modification of permit |
|
45-528
|
Revocation of permits |
| Article 8 |
Transportation of Groundwater |
|
45-541
|
Transportation within a sub-basin |
|
45-542
|
Transportation between sub-basins or away from an active management area; irrigation grandfathered right; type 1 non-irrigation grandfathered right |
|
45-543
|
Transportation between sub-basins or away from an active management area; damages; non-irrigation grandfathered right not associated with retired irrigated land; service area withdrawals; permit; exempt well |
|
45-544
|
Transportation in areas not subject to active management; damages; upper San Pedro water district; Little Colorado river plateau, Parker and Coconino plateau groundwater basins; definitions |
|
45-545
|
Damage rules applicable to all transportations of groundwater |
|
45-546
|
Weed and dust control |
|
45-547
|
Transportation of groundwater withdrawn in the Yuma basin; permit |
| Article 8.1 |
Withdrawals of Groundwater for Transportation to Active Management Area |
|
45-551
|
Application of article; limitation on transportation to active management areas; definition |
|
45-552
|
Transportation of groundwater withdrawn in McMullen valley basin to an active management area; definitions |
|
45-553
|
Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area |
|
45-554
|
Transportation of groundwater withdrawn in Harquahala irrigation non-expansion area to an initial active management area |
|
45-555
|
Transportation of groundwater withdrawn in Big Chino sub-basin of the Verde River groundwater basin to initial active management area; exception |
|
45-556
|
Transportation fee; annual adjustment; credits; enforcement |
|
45-557
|
Requirements for transporting groundwater to an initial active management area; exception |
|
45-558
|
Weeds and dust |
|
45-559
|
Well spacing requirements for withdrawing groundwater for transportation to an active management area |
| Article 9 |
Management |
|
45-561
|
Definitions |
|
45-562
|
Management goals for active management areas |
|
45-563
|
Management plans in active management areas; management periods; general provisions |
|
45-563.01
|
Water conservation report; per capita use; non-per capita conservation programs |
|
45-563.02
|
Exemption from irrigation water duties; small irrigation grandfathered rights; criteria; conservation requirement; exception |
|
45-564
|
Management plan for first management period; guidelines |
|
45-565
|
Management plan for second management period; guidelines |
|
45-565.01
|
Non-per capita conservation program for municipal providers; second management period |
|
45-566
|
Management plan for third management period; guidelines |
|
45-566.01
|
Non-per capita conservation program for municipal providers; third management period |
|
45-566.02
|
Alternative conservation programs for agriculture; third management period |
|
45-567
|
Management plan for fourth management period; guidelines |
|
45-567.01
|
Non-per capita conservation program for municipal providers; fourth management period |
|
45-567.02
|
Alternative conservation programs for agriculture; fourth management period |
|
45-568
|
Management plan for fifth management period; guidelines |
|
45-568.01
|
Non-per capita conservation program for municipal providers; fifth management period |
|
45-568.02
|
Alternative conservation programs for agriculture; fifth management period |
|
45-569
|
Management goals and management plans for subsequent active management areas |
|
45-570
|
Hearing on management plans; notice; procedures |
|
45-571
|
Findings upon hearing; order for adoption of management plan; publication |
|
45-571.01
|
Notification to persons filing late applications for certificates of grandfathered rights and to persons with new groundwater rights or uses; compliance; variance; review |
|
45-571.02
|
Municipal conservation requirements; compliance |
|
45-572
|
Modification of conservation program; notice |
|
45-573
|
Water quality considerations; consultation with department of environmental quality |
|
45-574
|
Variances; application; notice; hearing; issuance |
|
45-575
|
Administrative review of irrigation water duty and conservation requirements |
|
45-576; Version 2
|
Certificate of assured water supply; designated cities, towns and private water companies; exemptions; definition |
|
45-576
|
Certificate of assured water supply; designated cities, towns and private water companies; exemptions; definition |
|
45-576.01
|
Determining consistency with management goal in a replenishment district, conservation district and water district |
|
45-576.02
|
Replenishment district plans, conservation district plans and water district plans |
|
45-576.03
|
Director's review of plans |
|
45-576.04
|
Report and review of plans by groundwater replenishment district |
|
45-576.05
|
Alternative method for determining consistency with the management goal in a groundwater replenishment district; terminating designation |
|
45-576.06
|
Termination of designation for members of conservation district or members of water district; moratorium on adding new member lands and member service areas |
|
45-576.07
|
Determining water sufficiency and availability; water availability status capability plans |
|
45-577
|
Application; hydrological study; review of application |
|
45-578
|
Notice; objections; hearing; issuance of certificate; appeals |
|
45-579
|
Assignment of certificate of assured water supply; definition |
|
45-580
|
Assured and adequate water supply administration fund; purpose |
| Article 10 |
Wells |
|
45-591
|
Definitions |
|
45-591.01
|
Oil, gas, helium and geothermal wells; exemption |
|
45-592
|
Wells in general |
|
45-593
|
Registration of existing wells; permanent record of all wells; reporting open wells |
|
45-594
|
Well construction standards; remedial measures |
|
45-595
|
Well construction requirements; licensing of well drillers |
|
45-596
|
Notice of intention to drill; fee |
|
45-596.01
|
Additional information required with notice of intention to drill well to pump Colorado river water; exception |
|
45-597
|
Deepening and replacement of wells in active management areas; filing of notice |
|
45-598
|
New wells and replacement wells in new locations in active management areas; rules; permit required |
|
45-599
|
Permit application; contents; correction of defective application; issuance of permit; fee |
|
45-600
|
Filing of report by driller; filing of completion report |
|
45-601
|
Operating rules for multiple wells |
|
45-602
|
Capping of wells; waste |
|
45-603
|
Criteria for rules and regulations |
|
45-604
|
Water measuring devices |
|
45-605
|
Well inspections; cross-contamination; remedial measures; definition |
|
45-606
|
Well administration and enforcement fund; purpose |
| Article 11 |
Financial Provisions |
|
45-611
|
Groundwater withdrawal fee; amounts and purposes of fee; exception |
|
45-612
|
Administration and enforcement withdrawal fee; exemption from lapsing; disposition of excess monies |
|
45-613
|
Use of withdrawal fees collected for augmentation and conservation and purchase and retirement of grandfathered rights |
|
45-614
|
Setting groundwater withdrawal fee; statement entered in record; statement transmitted to state treasurer; notice; payment; penalty |
|
45-615
|
Deposits; divisions of collections into funds |
|
45-616
|
Water quality assurance fee; disposition of revenue |
|
45-617
|
Augmentation and conservation assistance fund grants |
|
45-618
|
Arizona water quality fund |
| Article 12 |
Enforcement |
|
45-631
|
Definition |
|
45-632
|
Records and annual report of groundwater pumping, transportation and use; penalty |
|
45-633
|
Inspections, investigations and audits |
|
45-634
|
Cease and desist order; temporary cease and desist order; hearing; injunctive relief |
|
45-635
|
Violation; civil penalties |
|
45-636
|
Violation; classification |
| Article 15 |
Certificate of Groundwater Oversupply |
|
45-701
|
Definitions |
|
45-702
|
Certificate of groundwater oversupply |
|
45-703
|
Application for certificate of groundwater oversupply; fee |
|
45-704
|
Notice of application; objections; hearing; approval or rejection |
| Article 1 |
General Provisions |
|
45-801.01
|
Declaration of policy |
|
45-802.01; Version 2
|
Definitions |
|
45-802.01
|
Definitions |
|
45-803.01
|
Effect on vested water rights; effect in other proceedings |
| Article 2 |
Storage Facility Permits |
|
45-811.01
|
Underground storage facility permit |
|
45-812.01
|
Groundwater savings facility permit |
|
45-813.01
|
Land use ordinances |
|
45-814.01
|
Contents of storage facility permit |
|
45-815.01
|
Facilities not qualifying as storage facilities |
| Article 3 |
Water Storage Permits and Recovery Well Permits |
|
45-831.01
|
Water storage permits |
|
45-832.01
|
Use of stored water |
|
45-833.01
|
Designation of nonrecoverable water |
|
45-834.01
|
Recovery of stored water; recovery well permit; emergency temporary recovery well permit; well construction |
|
45-835.01
|
Simultaneous applications |
|
45-836.01
|
Effect of storage facilities, water storage and recovery on service areas |
| Article 3.1 |
Indian Water Rights Settlements |
|
45-841.01
|
Accrual of long‑term storage credits; Indian water rights settlements |
| Article 4 |
Accounting |
|
45-851.01
|
Recovery of stored water on an annual basis |
|
45-852.01
|
Long‑term storage accounts |
|
45-853.01
|
Restricted uses of long-term storage credits |
|
45-854.01
|
Assignability of long-term storage credits |
|
45-855.01
|
Effect of long-term storage credits on assured water supply and adequate water supply |
|
45-856.01
|
Protection of the stored water |
|
45-857.01
|
Groundwater replenishment district incidental replenishment factor; definitions |
|
45-858.01
|
Master replenishment account; debits and credits |
|
45-859.01
|
Conservation district account; replenishment reserve subaccount; debits and credits |
|
45-860.01
|
Water district account; debits and credits |
| Article 5 |
Permit Application Procedures, Financial Provisions and Enforcement |
|
45-871.01
|
Permit application; fee; notice of application; objections; hearing; appeal |
|
45-872.01
|
Water measuring devices |
|
45-873.01
|
In lieu water reporting requirements; withdrawal fees |
|
45-874.01
|
Long-term storage credit recovery fee; amount; notice; payment; penalty |
|
45-875.01
|
Annual reports; penalty |
|
45-876.01
|
Annual report; groundwater replenishment district and replenishment district members; penalties |
|
45-877.01
|
Annual reports by conservation districts; penalties |
|
45-878.01
|
Annual reports by water districts; penalties |
|
45-879.01
|
Annual reports certification; records |
|
45-880.01
|
Inspections, investigations and audits |
|
45-881.01
|
Cease and desist order; temporary cease and desist order; hearing; injunctive relief |
|
45-882.01
|
Violation; civil penalties |
| Article 6 |
State Demonstration Projects |
|
45-891.01
|
Purposes |
|
45-892.01
|
Definitions |
|
45-893.01
|
Application for project permits; application requirement; permit specifications |
|
45-894.01
|
Use for replenishment purposes |
|
45-895.01
|
Storage of water; availability and disposition of stored water |
|
45-896.01
|
Assumption of responsibility for stored water |
|
45-897.01
|
State water storage fund; disbursement of monies |
|
45-898.01
|
Indemnification and insurance |
| Article 1 |
General Provisions |
|
45-1001
|
Definitions |
|
45-1002
|
Water exchanges; conditions |
|
45-1003
|
Use of water pursuant to a water exchange |
|
45-1004
|
Annual report of water exchange; record keeping; penalties |
|
45-1005
|
Registry of water exchanges |
|
45-1006
|
Effect on water rights |
| Article 2 |
Enrollment of Water Exchange Contracts |
|
45-1021
|
Enrollment of water exchange contracts; fee |
|
45-1022
|
Effect of enrollment of a water exchange contract |
| Article 3 |
Permits for Water Exchanges |
|
45-1041
|
Water exchange permits; fee |
|
45-1042
|
Application for water exchange permit; notice; objections; hearing |
|
45-1043
|
Contents of permit |
|
45-1044
|
Actions for judicial review |
|
45-1045
|
Modification of water exchange permit |
|
45-1046
|
Revocation of water exchange permits |
| Article 4 |
Water Exchanges Pursuant to Notice |
|
45-1051
|
Notice of water exchange; contents forms; review by director |
|
45-1052
|
Water exchanges pursuant to notice; conditions |
| Article 5 |
Enforcement |
|
45-1061
|
Inspections; investigations and audits |
|
45-1062
|
Cease and desist order; temporary cease and desist order; hearings; injunctive relief |
|
45-1063
|
Civil penalties |
| Article 1 |
Supervision of Dams, Reservoirs and Projects |
|
45-1201
|
Definitions |
|
45-1202
|
Jurisdiction of director of water resources; records; rules; notice of exemption |
|
45-1203
|
Approval by director of proposed dams or enlargements of existing dams; application for construction or enlargement |
|
45-1204
|
Estimated cost of dam; application fees |
|
45-1205
|
Charges against irrigation projects; disposition of proceeds |
|
45-1206
|
Approval of repair, alteration or removal of dam |
|
45-1207
|
Approval or disapproval of applications; commencing construction |
|
45-1208
|
Inspections and investigations during construction; modifications; notice |
|
45-1209
|
Notice of completion; license of final approval; removal of dam |
|
45-1210
|
Petition for review |
|
45-1211
|
Time for filing petition; board of review |
|
45-1212
|
Supervision over maintenance and operation; remedial measures; lien |
|
45-1212.01
|
Dam repair fund |
|
45-1213
|
Inspection upon complaint |
|
45-1214
|
Investigations for review of design and construction |
|
45-1215
|
Liabilities of state and owners of dam in action for damages |
|
45-1216
|
Violations; classification |
|
45-1217
|
Action and procedures to restrain violations |
|
45-1218
|
Dam repair loans |
|
45-1219
|
Dam repair grants |
|
45-1220
|
Deposit of monies; dam repair fund |
|
45-1221
|
Cease and desist order; temporary cease and desist order; hearing; injunctive relief |
|
45-1222
|
Violation; civil penalties |
|
45-1223
|
Stay of director's decision; precedence of actions for judicial review |
| Article 1 |
Lake Mead Contract |
|
45-1301
|
Ratification of Lake Mead contract |
| Article 2 |
Colorado River Compact |
|
45-1311
|
Ratification |
| Article 3 |
Upper Colorado River Basin Compact |
|
45-1321
|
Ratification |
| Article 4 |
Distribution of Federal Funds Derived From Colorado River |
|
45-1331
|
Allocation of federal payments made in lieu of taxes |
| Article 1 |
Cooperation by Counties, Cities and Towns With Federal Government |
|
45-1401
|
Authority to cooperate with federal government in flood control projects under flood control act of Congress of 1948 |
|
45-1402
|
Specific powers |
|
45-1403
|
Power to cooperate in flood control projects under general acts of Congress |
| Article 2 |
Special Laws Pertaining to Particular Municipalities |
|
45-1421
|
Power of town of Holbrook to cooperate with federal government in flood control project |
|
45-1422
|
Power of Mohave and Yuma counties to cooperate with federal government in flood control project |
|
45-1423
|
Power of Maricopa and Yuma counties to cooperate with federal government in flood control projects |
|
45-1424
|
Power of Maricopa and Pinal counties to cooperate with federal government in flood control projects |
|
45-1425
|
Power of Pinal county to cooperate with and receive assistance from the United States in flood control projects |
|
45-1426
|
Limitations on powers |
|
45-1427
|
Power of Cochise, Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas to cooperate with the United States in flood control projects |
|
45-1428
|
Limitations on powers |
|
45-1429
|
Power of Santa Cruz county to cooperate with and receive assistance from the United States in flood control projects |
| Article 3 |
Flood Control Assistance |
|
45-1441
|
Definitions |
|
45-1442
|
Investigation and certification by director of water resources |
|
45-1443
|
Limitation on expenditure of funds |
|
45-1444
|
Flood plain regulations; effect of failure to adopt |
|
45-1445
|
Flood control assistance fund; limit of financial assistance |
|
45-1446
|
Time for determining costs; change of determination |
|
45-1447
|
State and United States held harmless; nonliability |
|
45-1448
|
Disbursement to public agencies |
|
45-1449
|
Report to legislature |
|
45-1450
|
Consideration of water uses in studying flood control projects |
|
45-1451
|
Powers and duties of director |
| Article 4 |
Alternative Assistance |
|
45-1471
|
Alternative flood control assistance to flood control districts |
|
45-1473
|
Prohibition on assistance for failure to adopt floodplain regulations |
| Article 5 |
Flood Control Loans |
|
45-1491
|
Flood control loans |
| Article 6 |
Flood Warning Systems |
|
45-1501
|
Definitions |
|
45-1502
|
Powers |
|
45-1503
|
Flood warning system fund |
|
45-1504
|
Flood warning system grants |
|
45-1505
|
Operation and maintenance of flood warning system |
|
45-1506
|
Immunity of state from liability for losses |
| Article 1 |
In General |
|
45-1601
|
License required |
|
45-1602
|
Application for license |
|
45-1603
|
Application fee; statement accompanying application |
|
45-1604
|
Reports required from licensees; failure to file; revocation of license |
|
45-1605
|
Equipment license; fee; application; reports required; revocation of license |
|
45-1606
|
Exception |
|
45-1607
|
Violations; classification |
| Article 1 |
In General |
|
45-1701
|
Declaration of purpose and policy |
|
45-1702
|
Definitions |
|
45-1703
|
State water and power plan |
|
45-1704
|
Construction, acquisition and operation |
|
45-1705
|
Construction of works across public or private property |
|
45-1706
|
Right of eminent domain |
|
45-1707
|
Issuance of bonds and notes |
|
45-1708
|
Contracts |
|
45-1709
|
General powers |
|
45-1710
|
Powers of municipalities, districts and other public bodies and officers |
|
45-1711
|
State water and power development fund |
|
45-1712
|
Agreement of state |
|
45-1713
|
Exemption from taxation |
|
45-1714
|
Remedies of bondholders and noteholders |
|
45-1715
|
Certification of bonds by attorney general |
|
45-1716
|
State not liable on bonds and notes |
|
45-1717
|
Bonds and notes legal investments |
|
45-1718
|
Water rights |
|
45-1719
|
Reversion of projects to state |
|
45-1720
|
No jurisdiction of Arizona corporation commission |
|
45-1721
|
Joint ownership of power projects |
|
45-1722
|
Exclusive law |
| Article 1 |
Formation and Dissolution |
|
45-1901
|
Definitions |
|
45-1902
|
Formation |
|
45-1903
|
Contest of formation; appeal |
|
45-1904
|
Corporate existence |
|
45-1905
|
Dissolution of authority |
| Article 2 |
Administration |
|
45-1921
|
Board of directors; qualification and organization; compensation |
|
45-1922
|
Meetings; notice |
|
45-1923
|
Administrative powers and duties; executive director; annual report |
| Article 3 |
Powers and Duties |
|
45-1941
|
Cooperation with governmental entities |
|
45-1942
|
Limitation on powers |
|
45-1943
|
Functional powers of board |
|
45-1944
|
Planning |
|
45-1945
|
Acquisition of water |
|
45-1946
|
Acquisition of property; limited eminent domain authority; survey and inspection rights |
|
45-1947
|
Construction work and purchases by bid only; exceptions; award of contract; bond |
| Article 4 |
Financial Provisions |
|
45-1971
|
Administrative and operation budgets |
|
45-1972
|
Groundwater augmentation and conservation assistance fee; transfer to authority |
|
45-1973
|
Water supply fees |
|
45-1974
|
Accounting classifications; bond funds; general fund |
|
45-1975
|
Receipt of monies; disbursements; operation of accounting system |
|
45-1976
|
Payment of interest coupons; investment of bond fund monies |
|
45-1977
|
Annual financial statement and audit |
| Article 5 |
Revenue Bonds |
|
45-1991
|
Authority to issue bonds |
|
45-1992
|
Prerequisites to issuance |
|
45-1993
|
Scope of resolution |
|
45-1994
|
Hearing; findings |
|
45-1995
|
Issuance of bonds |
|
45-1996
|
Provisions of bonds; sale |
|
45-1997
|
Certification of bonds by attorney general |
|
45-1998
|
Validity of bonds |
|
45-1999
|
Water augmentation authority bonds as legal investments |
| Article 1 |
General Provisions |
|
45-2101
|
Declaration of policy |
|
45-2102
|
Definitions |
|
45-2103
|
Arizona water protection fund commission |
|
45-2104
|
Powers and duties; limitations |
|
45-2105
|
Application guidelines |
|
45-2106
|
Public involvement |
|
45-2107
|
Reporting |
| Article 2 |
Financial Provisions |
|
45-2111
|
Arizona water protection fund |
|
45-2112
|
Funding sources |
|
45-2113
|
Fund grants; applications |
|
45-2114
|
Administration |
| Article 1 |
Formation and Dissolution |
|
45-2201
|
Definitions |
|
45-2202
|
Formation |
|
45-2203
|
Contest of formation; appeal |
|
45-2204
|
Corporate existence; exemption from regulation |
|
45-2205
|
Dissolution of authority |
| Article 2 |
Administration |
|
45-2221
|
Board of directors; organization; compensation |
|
45-2222
|
Meetings; notice |
|
45-2223
|
Administrative powers and duties; executive director |
| Article 3 |
Powers and Duties |
|
45-2241
|
Cooperation with governmental entities |
|
45-2242
|
Functional powers of the board |
|
45-2243
|
Limitation on powers |
|
45-2244
|
Acquisition and disposition of initial quantity of water |
|
45-2245
|
Acquisition and disposition of water in excess of initial quantity |
| Article 4 |
Construction Contract |
|
45-2261
|
Construction work and purchases by bid only; exceptions; award of contract |
| Article 5 |
Financial Provisions |
|
45-2281
|
Establishment of funds; allocation of authority revenues; member dues |
|
45-2282
|
Operating budget |
|
45-2283
|
Investment of revenues |
| Article 1 |
General Provisions |
|
45-2401
|
Declaration of policy and purpose |
|
45-2402
|
Definitions |
| Article 2 |
Arizona Water Banking Authority |
|
45-2421
|
Arizona water banking authority |
|
45-2422
|
Organization of commission; powers and duties; exemption |
|
45-2423
|
Powers and duties of authority |
|
45-2424
|
Administration |
|
45-2425
|
Arizona water banking fund |
|
45-2426
|
Annual report |
|
45-2427
|
Limitation on powers |
| Article 3 |
Water Bank Planning and Implementation |
|
45-2451
|
First year banking program |
|
45-2452
|
Storage facility inventory |
|
45-2453
|
Plan for additional storage facilities |
|
45-2454
|
Implementation of storage facilities plan |
|
45-2455
|
Water storage agreements; groundwater savings facilities |
|
45-2456
|
Annual plan of operation |
|
45-2457
|
Accounting; rules of operation |
|
45-2458
|
Water banking services agreements |
| Article 4 |
Interstate Water Banking |
|
45-2471
|
Interstate water banking agreements |
|
45-2472
|
Distribution of long-term storage credits |
|
45-2473
|
Arizona water banking authority; interstate water banking; accounting |
| Article 5 |
Indian Firming Measures |
|
45-2491
|
State commitments to firm Indian settlement water |
| Article 1 |
Administration |
|
45-2601
|
Definitions |
|
45-2602
|
Establishment of southside protection zones; reporting requirements |
|
45-2603
|
Establishment of Gila river maintenance area and Gila river maintenance area impact zone; notice of intention to drill |
|
45-2604
|
Conservation requirements for persons using groundwater in central protection zone no less restrictive than in third management plan |
| Article 2 |
Transportation of Underground Water and Stored Water Away from Eastern Protection Zones and Western Protection Zones |
|
45-2611
|
Transportation of underground water and stored water away from an eastern protection zone or western protection zone prohibited; exceptions |
| Article 3 |
Replenishment of Underground Water and Stored Water Withdrawn in Eastern Protection Zones and Western Protection Zones |
|
45-2621
|
Definitions |
|
45-2622
|
Annual southside replenishment obligations |
|
45-2623
|
Satisfaction of southside replenishment obligations |
|
45-2624
|
Southside replenishment bank; credits |
|
45-2625
|
Replenishment related to transportation of underground water or stored water away from an eastern protection zone or a western protection zone for nonirrigation use |
|
45-2626
|
Individual replenishment obligations of persons using underground water or stored water within an eastern protection zone or a western protection zone for industrial use; enforcement action; notice |
| Article 4 |
Dams Within Gila River Maintenance Area |
|
45-2631
|
Construction or enlargement of new dams within maintenance area; prohibited; exceptions |
| Article 5 |
Irrigation of New Lands Within Gila River Maintenance Area |
|
45-2641
|
Irrigation of new lands in Gila river maintenance area with water withdrawn or diverted from Gila river maintenance area impact zone prohibited; exception |
| Article 6 |
Enforcement |
|
45-2651
|
Inspections, investigations and audits |
|
45-2652
|
Cease and desist order; hearing; injunctive relief |
|
45-2653
|
Violation; civil penalties |
|
45-2654
|
Violation; classification |
| Article 1 |
General Provisions |
|
45-2701
|
Definitions |
|
45-2702
|
Jurisdiction |
| Article 2 |
San Xavier Reservation Water Protection Program |
|
45-2711
|
Applications to drill nonexempt wells in the Tucson active management area; well impact analysis; requirements; exception |
|
45-2712
|
Notice of well applications to nation; objection; hearing; appeal |
