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Arizona
Law
Arizona Revised Statutes
Title 45Arizona 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 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; 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; |