Title 45 — Waters

A. Groundwater which is withdrawn pursuant to a grandfathered right or a groundwater withdrawal permit or from an exempt well may be transported without payment of damages within a sub-basin of an active management area, subject to the limitations on location of use in sections 4…

A. Groundwater which is withdrawn pursuant to an irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area, subject to the limitations on location of use in section 45-472. B. Groundwater which is with…

A. Groundwater may be transported between sub-basins of an active management area or away from an active management area, subject to payment of damages, if the groundwater is withdrawn: 1. Pursuant to a type 2 non-irrigation grandfathered right, except that groundwater withdrawn …

A. Except as otherwise provided in this section, section 45-547 and article 8.1 of this chapter, in areas outside of active management areas: 1. Groundwater may be transported: (a) Within a subbasin of a groundwater basin or within a groundwater basin, if there are no subbasins, …

A. In active management areas and in areas outside of active management areas, in any action to recover damages, neither injury to nor impairment of the water supply of any landowner shall be presumed from the fact of transportation. B. In determining whether there has been injur…

A person shall maintain property that is owned or controlled by the person and from which groundwater is or will be transported pursuant to this article free of noxious weeds as defined in section 3-201, Russian thistles (salsola kali) and blowing dust that creates a threat to he…

A. Groundwater may be withdrawn in the Yuma basin for direct or indirect transportation outside of the basin, including transportation to an initial active management area, only if a permit is obtained from the director pursuant to this section. B. A person who has the legal righ…

A. This article applies only to withdrawals of groundwater for transportation to active management areas. B. Unless specifically authorized by this chapter, groundwater that is withdrawn in a groundwater basin or sub-basin outside of an initial active management area may not be t…

A. A city that purchased land before January 1, 1988 in the McMullen valley groundwater basin or a person who purchased land before January 1, 1988 that was in that basin and that was in the same county as an adjacent initial active management area, either directly or in exchange…

A. Groundwater may be withdrawn from land owned by this state or by a political subdivision of this state in the Butler Valley groundwater basin for transportation to an initial active management area. B. Title to land in the Butler Valley groundwater basin that is owned by this …

A. A groundwater replenishment district established under title 48, chapter 27 may lease from an irrigation district located entirely within the Harquahala irrigation non-expansion area the use of one or more of the wells in the irrigation district to withdraw the groundwater tha…

A. A city or town that owns land consisting of historically irrigated acres in the Big Chino sub-basin of the Verde River groundwater basin, as designated by order of the director dated June 21, 1984, or a city or town with the consent of the landowner, may withdraw from the land…

1. The owner of the well or the owner's predecessor in interest withdrew groundwater from the upper San Pedro groundwater basin for transportation to the Douglas active management area on or before December 1, 2022. 2. The groundwater is transported to the Douglas active manageme…

A. Except as provided in subsection B of this section, a person who directly or indirectly transports groundwater, withdrawn in a groundwater basin or sub-basin as provided by this article or in the Pinal active management area, away from the county in which it was withdrawn to a…

A. Except as provided in subsections B and C of this section: 1. The director shall not consider groundwater that is being or will be withdrawn in a groundwater basin or sub-basin pursuant to this article or the Pinal active management area and transported to an initial active ma…

A person shall maintain property owned by the person and from which groundwater is or will be transported pursuant to this article free of noxious weeds as defined in section 3-201, Russian thistles (salsola kali) and blowing dust that creates a threat to health or safety.

Except as provided in section 45-554, subsection A and except for groundwater withdrawn and transported pursuant to section 45-555, subsections E and F, a person may not use a well constructed after September 21, 1991 for the purpose of withdrawing groundwater for transportation …

In this article, unless the context otherwise requires: 1. "Aquifer" means a geologic formation that contains sufficient saturated materials to be capable of storing water and transmitting water in usable quantities to a well. 2. "Augmentation" means to supplement the water suppl…

A. The management goal of the Tucson, Phoenix and Prescott active management areas is safe-yield by January 1, 2025, or such earlier date as may be determined by the director. B. The management goal of the Pinal active management area is to allow development of non-irrigation use…

A. The director shall develop a management plan for each initial active management area for each of five management periods pursuant to the guidelines prescribed in sections 45-564 through 45-568 and shall adopt the plans only after public hearings held pursuant to sections 45-57…

At least once every three years the director shall issue a report containing: 1. The per capita water use in the service area of each municipal provider in each active management area. 2. A brief description and evaluation of the efforts to promote water conservation by each muni…

A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right is exempt from any irrigation water duties or intermediate water duties established for the farm to which the right is appurtenant under sections 45-564, 45-565, 45-566, 45-567 and 45-568…

A. Notwithstanding any other law, a municipality that is located in an initial active management area may not adopt or enforce any requirement that establishes, directly or indirectly, any of the following: 1. Minimum turf requirements, except for functional turf requirements tha…

A. For the first management period, 1980 to 1990, the director shall promulgate management plans for the Phoenix, Tucson and Prescott active management areas not later than January 1, 1983 and for the Pinal active management area not later than July 1, 1985. In each plan, the dir…

A. For the second management period, 1990 to 2000, the director shall promulgate a management plan for each initial active management area not later than January 1, 1988. In each plan the director shall: 1. Except as provided in section 45-411.01, subsection A, establish a new ir…

A. In addition to the provisions of the management plan for the second management period prescribed by section 45-565, subsection A, not later than January 1, 1995 the director shall include in the management plan a non-per capita conservation program for municipal providers that…

A. For the third management period, 2000 to 2010, the director shall promulgate a management plan for each initial active management area not later than January 1, 1998. The director: 1. Except as provided in section 45-411.01, subsection A and section 45-563.02, subsection B, sh…

A. In addition to the provisions of the management plan for the third management period prescribed by section 45-566, subsection A, paragraph 2, no later than January 1, 2008, the director shall modify the management plan to replace the non-per capita conservation program for mun…

A. In addition to the provisions of the management plan for the third management period prescribed by section 45-566, subsection A, paragraph 1, the director shall include in the management plan the historic cropping program prescribed by this section as an alternative agricultur…

A. For the fourth management period, 2010 to 2020, the director shall promulgate a management plan for each initial active management area not later than January 1, 2008. The director: 1. Except as provided in section 45-563.02, subsection B, shall include in each plan an irrigat…

A. In addition to the provisions of the management plan for the fourth management period prescribed by section 45-567, subsection A, the director shall include in the management plan a non-per capita conservation program for municipal providers. The program shall require a munici…

A. In addition to the provisions of the management plan for the fourth management period prescribed by section 45-567, subsection A, paragraph 1, the director shall include in the management plan the historic cropping program prescribed by this section as an alternative agricultu…

A. For the fifth management period, 2020 to 2025, the director shall promulgate a management plan for each initial active management area not later than January 1, 2019 pursuant to the guidelines prescribed in section 45-567, subsections A and B, except that: 1. The director shal…

A. In addition to the provisions of the management plan for the fifth management period prescribed by section 45-568, subsection A, the director shall include in the management plan a non-per capita conservation program for municipal providers. The program shall require a municip…

A. In addition to the provisions of the management plan for the fifth management period prescribed by section 45-568, subsection A, the director shall include in the management plan the historic cropping program prescribed by this section as an alternative agricultural conservati…

A. Within thirty days of the designation of a subsequent active management area pursuant to article 2 of this chapter, the director shall establish a management goal for the active management area and the number of years in which the goal is to be achieved. B. Not later than two …

A. The director shall hold a public hearing on each proposed management plan in each active management area prior to final adoption of the management plan. B. The director shall give notice of the hearing within thirty days after the proposed management plan is completed. The not…

A. Within thirty days after the hearing, the director shall make and file in the department a written summary and findings with respect to matters considered during the hearing. B. If in the findings the director decides to adopt the management plan, the director shall make and f…

A. The director, at the time a certificate of grandfathered right is issued pursuant to the late application procedures in section 45-476.01, shall establish and give written notice of any applicable irrigation water duty or conservation requirement. B. The director may give writ…

A. A municipal provider that has been given notice, in the manner prescribed in section 45-565, subsection B, of a municipal conservation requirement that is substantially identical to an industrial conservation requirement is not required to comply with that municipal conservati…

A. After a management plan is adopted, the director may modify the plan after public hearing pursuant to sections 45-570 and 45-571, except that the director may modify an irrigation water duty or conservation requirement only if the director determines that extraordinary circums…

The director shall consult with the department of environmental quality on water quality considerations in developing and implementing management plans under this article.

A. A person who requires additional time to comply with an irrigation water duty or conservation requirement established pursuant to section 45-565, 45-566, 45-566.01, 45-567, 45-567.01, 45-568 or 45-568.01 may apply to the director for a variance from the water duty or requireme…

A. Any aggrieved party may request an administrative review of an irrigation water duty or conservation requirement established pursuant to section 45-565, 45-566, 45-566.01, 45-567, 45-567.01, 45-568 or 45-568.01. Except as provided in subsection B of this section, the request m…

A. Except as provided in subsections G and J of this section, a person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in an active management area shall apply for and obtain a certificate of assured water supply from the director before p…

A. For the purpose of determining whether an assured water supply exists, the director shall find that a groundwater replenishment district member's projected use is consistent with achieving the management goal for the active management area under section 45-576 if: 1. The land …

A. A groundwater replenishment district that is established pursuant to title 48, chapter 27 shall submit to the director: 1. On or before January 1 of the second calendar year following the year in which the district is established, a preliminary plan describing the activities t…

A. Within sixty days after receiving a groundwater replenishment district's preliminary and long-range plans pursuant to section 45-576.02, the director shall determine if the district has submitted sufficient information to determine whether the district's plan for operation is …

A. At least once every five years after the final determination that a groundwater replenishment district's plan for operation is consistent with achieving the management goal of the active management area, the district shall prepare and submit a replenishment report to the direc…

A. If at any time after January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan under section 45-576.02, subsection A, paragraph 1 the director determines that one or more of the conditions prescri…