Title 45 — Waters

B. The legislature further finds that water users within the central Arizona project service area also rely on other surface water supplies, that these supplies are susceptible to future shortages of water and that these shortages are a threat to the general economy and welfare o…

Unless the context otherwise requires, the terms defined in sections 45-101, 45-402 and 45-802.01 have the same meaning in this chapter and for purposes of this chapter: 1. "Authority" means the Arizona water banking authority. 2. "Banking fund" means the Arizona water banking fu…

A. The Arizona water banking authority is established. The purposes, powers and duties of the authority shall be executed by a commission to be known as the Arizona water banking authority commission. B. The commission consists of the following members who are residents of this s…

A. The commission shall select a vice-chairperson and a secretary from among its membership who shall each hold office for terms of two years to begin and end on the third Monday in January. B. The powers and authority vested in and the duties imposed on the authority shall be ex…

A. The authority, acting through its commission, shall: 1. Administer the Arizona water banking fund in accordance with this chapter. 2. Coordinate its staffing needs with the director and CAWCD. 3. Coordinate the storage of water and distribution and extinguishment of long-term …

A. The director shall provide administrative, technical and legal support to the authority to the extent requested by the authority. The director may hire staff, who shall be employees of the department of water resources, necessary to provide the level of support requested by th…

A. The Arizona water banking fund is established and shall include subaccounts based on funding sources. The authority shall administer the banking fund in accordance with this chapter. B. The banking fund consists of all of the following: 1. Monies appropriated from the state ge…

A. The commission shall make and submit to the governor, president of the senate and speaker of the house of representatives on or before July 1 of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year. B. Th…

A. This chapter does not authorize the authority to exercise any right of eminent domain. B. Except as provided in subsection E of this section: 1. The authority shall not store Colorado river water that would otherwise have been used in this state pursuant to a contract entered …

By July 1, 1997, the authority shall have used its best efforts to store pursuant to this chapter a minimum of one hundred thousand acre-feet of Colorado river water in this state. The annual report of the authority to the governor, the president of the senate and the speaker of …

A. By March 1, 1997, the authority shall prepare and assess an inventory of existing storage facilities in this state to determine whether existing storage facilities are available to meet the authority's needs for the following ten years. The authority shall give special conside…

A. If a storage facility inventory or an update concludes that additional storage facilities are necessary to meet the needs of the authority for the following ten years, the authority shall develop a plan for the development of additional storage facilities that specifies the ty…

A. The authority shall implement an adopted plan for additional storage facilities. B. To facilitate the development or construction of additional storage facilities required by a plan, the authority shall solicit proposals from CAWCD and other entities willing to undertake the d…

A. The authority may not own, develop, operate or construct storage facilities but may enter into contracts to reserve storage capacity at storage facilities and may pay reasonable compensation for those reservations. B. The authority may enter into agreements with storage facili…

A. By January 1 of each year, the authority shall adopt a plan of operation for that calendar year. B. In developing the plan of operation, the authority shall consider all of the following: 1. The amount of Colorado river water available for storage. 2. The advice of the departm…

A. The authority shall develop an accounting system for the long-term storage credits accrued or purchased by the authority. The accounting system shall be designed to allow the authority to determine which funding source of the banking fund paid for each long-term storage credit…

A. On or before December 31, 2019, the authority may enter into agreements to exchange long-term storage credits accrued or purchased in one active management area with monies collected pursuant to section 45-611, subsection C, paragraph 3 for long-term storage credits held by ot…

A. The authority may enter into a water banking services agreement under which the authority will loan long-term storage credits to a person or an Indian community in this state if all of the following apply: 1. The person or Indian community could have legally obtained the water…

A. The authority may negotiate and enter into interstate water banking agreements with appropriately authorized agencies in California and Nevada, if all of the following apply: 1. The provisions of section 45-2427, subsection C have been met. 2. The director and at least two oth…

A. The authority may distribute long-term storage credits accrued through the use of monies paid by California and Nevada agencies pursuant to interstate banking agreements to CAWCD or other users of Colorado river water in this state, if both of the following apply: 1. CAWCD or …

(Conditionally Rpld.) A. For each year during which the Arizona water banking authority is owed or receives monies pursuant to an interstate water banking agreement with the state of Nevada, or any agency or political subdivision of the state of Nevada, including the southern Nev…

1. Store water at permitted recharge facilities for the purpose of Indian firming. 2. Purchase long-term storage credits for the purpose of Indian firming using the funding sources identified in subsection B of this section but only after the authority has stored or scheduled for…