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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; 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 and pump installation contractors |
| 45-596; Version 2 | Notice of intention to drill |
| 45-596 | Notice of intention to drill; fee |
| 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; Version 2 | Groundwater withdrawal fee; amounts and purposes of fee; exception |
| 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 |
| Chapter 3.1 | UNDERGROUND WATER STORAGE, SAVINGS AND REPLENISHMENT |
| Article 1 | General Provisions |
| 45-801.01 | Declaration of policy |
| 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; Version 2 | Accrual of long term storage credits; 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 |
| Chapter 4 | WATER EXCHANGES |
| 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 |
| Chapter 6 | DAMS AND RESERVOIRS |
| 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 |
| Chapter 7 | INTERSTATE STREAMS |
| 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 |
| Chapter 8 | FLOOD CONTROL |
| 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 |
| Chapter 9 | WEATHER CONTROL AND CLOUD MODIFICATION |
| 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 |
| Chapter 10 | STATE WATER AND POWER PLAN |
| 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 |
| Chapter 11 | COUNTY WATER AUGMENTATION AUTHORITY |
| 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 |
| Chapter 12 | ARIZONA WATER PROTECTION FUND |
| 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 |
| Chapter 13 | COUNTY WATER AUTHORITY |
| 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 |
| Chapter 14 | ARIZONA WATER BANKING AUTHORITY |
| 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; Version 2 | Powers and duties of authority |
| 45-2423 | Powers and duties of authority |
| 45-2424 | Administration |
| 45-2425; Version 2 | Arizona water banking fund |
| 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; Version 2 | Accounting; rules 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 |
| 45-2601 | 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 |
| 45-2611 | Transportation of underground water and stored water away from an eastern protection zone or western protection zone prohibited; exceptions |
| 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 |
| 45-2631 | Construction or enlargement of new dams within maintenance area; prohibited; exceptions |
| 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 |
| 45-2651 | Inspections, investigations and audits |
| 45-2652 | Cease and desist order; hearing; injunctive relief |
| 45-2653 | Violation; civil penalties |
| 45-2654 | Violation; classification |
| 45-2701 | Definitions |
| 45-2702 | Jurisdiction |
| 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 |
Richard Keyt is a business, transactions, contracts, real estate, estate planning and internet law attorney licensed to practice law in Arizona. He has provided legal services to businesses and people in Arizona since 1980. Formerly a partner at one of the largest law firms in Arizona, Rick now provides big firm quality legal services at small firm rates. Rick can be reached by telephone at 602-906-4953, ext. 3, email at rickkeyt@keytlaw.com and fax at 602-297-6890. Rick's Arizona law, internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com. Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.
KEYTLaw does not guaranty that the Arizona Revised Statutes displayed on www.keytlaw.com are current or complete versions of Arizona statutory law. The statutory information is furnished "as is" and it may not include the current version of the law or new Arizona statutes. See the Arizona State Legislature's web site for more information about the most recent version of Arizona statutes.
This page was last modified on May 27, 2009.
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