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You are here: Home Arizona Law Arizona Revised Statutes  Title 45

Arizona Revised Statutes Title 45

Waters

Chapter 1 ADMINISTRATION AND GENERAL PROVISIONS
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
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 Evaluation of subdivision water supply
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
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 Stockpounds
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; 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
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
45-341 Definitions
45-342 System water plan; components; exceptions
45-343 Records and annual report of water use; penalty
Chapter 2 GROUNDWATER CODE
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 nonirrigation 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 nonirrigation grandfathered right; forfeiture of right to convey to nonirrigation 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; Little Colorado river plateau and Parker 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; definitions
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 Certificate of assured water supply; designated cities, towns and private water companies;