Title 45 — Waters
15 chapters · 575 sections in this title.
A.R.S. § 45-294 Limited nonapplicability
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Nothing in this article is intended to prescribe nor shall it be interpreted to prescribe the terms, conditions or rules for the transportation of water where the point of diversion or withdrawal and the point of use are both within the state of Arizona.
A.R.S. § 45-311 Definitions
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In this article, unless the context otherwise requires: 1. "Commercial, industrial and public construction" means buildings used for commercial, industrial or public purposes, including restaurants, bars, nightclubs, public buildings, comfort stations, schools, gymnasia, factorie…
A.R.S. § 45-312 Prohibited plumbing fixtures; residential construction
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Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any plumbing fixture for use in this state in any new residential construction or for replacing plumbing fixtures in existing residential…
A.R.S. § 45-313 Prohibited plumbing fixtures; commercial, industrial and public construction
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Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any plumbing fixtures for use in this state in any new commercial, industrial or public construction or for replacing plumbing fixtures i…
A.R.S. § 45-313.01 Water free urinals; state buildings
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Every effort shall be made to install water free urinals in all new state buildings constructed after the effective date of this section that constitute capital projects as defined in section 41-790 and to install water free urinals in existing state buildings. The director of th…
A.R.S. § 45-314 Labeling fixtures; violation
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A. Before sale by any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state, each plumbing fixture that meets the requirements of this article shall be marked with labels, on both box and product, that certify that the fixtu…
A.R.S. § 45-315 Waiver of requirements; unavailability; health or safety requirements
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A. If a water conserving plumbing fixture required by this article is unavailable from any reasonable source for a period of more than thirty days, the developer, builder or contractor of a new building or of a modification or addition to an existing building may apply for a waiv…
A.R.S. § 45-316 Violation; civil penalties
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A. A person who knowingly violates any provision of this article is subject to a civil penalty of not more than one hundred dollars for the first violation. A person who has previously been found in violation of any provision of this article is subject to a civil penalty of not m…
A.R.S. § 45-317 Inspections
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The director or the director's authorized representative shall, during normal business hours, have access to places where distributors or retailers sell, store or maintain plumbing fixtures and to unoccupied new residential construction for the purpose of making periodic inspecti…
A.R.S. § 45-318 Cease and desist order; hearing; injunctive relief
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A. If the director, or a local official designated pursuant to section 9-500.08 or 11-251.09, has reason to believe that a person is violating or has violated this article, the director or local official may give the person written notice that the person may appear and show cause…
A.R.S. § 45-319 Exception; preemption
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A. The requirements of this article do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler, retailer or end user and that is actually located in this state before January 1, 1994. B. An ordinance adopted by a county, city or town r…
A.R.S. § 45-320 Rules
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The director may adopt any rules that are deemed necessary to carry out the purposes of this article. The director may adopt, by rule, lists of plumbing fixtures that satisfy the standards prescribed by this article. The director may also adopt, by rule, a list of uses for which …
A.R.S. § 45-331 Definitions
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In this article, unless the context otherwise requires: 1. "Consumptive use" means, for any water user for any program year, the consumptive use as recorded in the final accounting for the most recent calendar year for which a final accounting is available, or if none is recorded…
A.R.S. § 45-332 Cooperation in lower Colorado river multispecies conservation program
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On behalf of the department, the director may enter into one or more agreements with a multi-county water conservation district and other parties for participation in the lower Colorado river multispecies conservation program, including the collection of one or more fees under th…
A.R.S. § 45-333 Colorado river water use fee; purpose
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A. The director may assess and collect annual Colorado river water use fees from each person who diverts and consumptively uses water in this state from the mainstream of the Colorado river as recorded in the final accounting. This fee does not apply to persons who are paying fee…
A.R.S. § 45-334 Setting Colorado River water use fee
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A. In setting Colorado River water use fees under this article: 1. Not later than July 1 of each year, the director shall set the Colorado River water use fees for the following program year. The director shall consider the following in setting the amount of the fees: (a) The con…
A.R.S. § 45-335 Payment of fee; penalty for delinquency
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A. If the director assesses a fee pursuant to this article in any year, a person to whom the fee is assessed must pay the fee within forty-five days after the person receives written notice of the total amount of the fee from the director. B. If a person fails to pay the fee when…
A.R.S. § 45-341 Definitions
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1. "Community water system" means a public water system that serves at least fifteen service connections used by year-round residents of the area served by the system or that regularly serves at least twenty-five year-round residents of the area served by the system. A person is …
A.R.S. § 45-342 System water plan; components; exceptions
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A. Except as provided in subsections D and E of this section, by the dates specified in subsections B or C of this section, each community water system shall prepare and submit to the director a system water plan that includes the following components: 1. A water supply plan. 2. …
A.R.S. § 45-343 Records and annual report of water use; penalty
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A. Each community water system that is required to file an annual report under this section and that uses meters to measure water withdrawals and diversions shall maintain current, complete, true and correct records of its withdrawals, diversions and deliveries of water in the fo…
A.R.S. § 45-351 Watershed improvement program; purpose; projects; funding
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A. The watershed improvement program is established in the department under the authority of the director for the purpose of selective control, reduction or removal of noxious brush and other vegetation and for the revegetation of land on which brush and vegetation has been contr…
A.R.S. § 45-352 Program administration; rules; project criteria; report
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A. The department shall adopt rules to carry out the purposes of this article, including rules that prescribe criteria for project proposals and that establish priorities for projects for each funding cycle, including a priority for projects that balance the most critical needs. …