Title 45, Waters

A. On application to the department by a city or town, the director may designate a portion of a city or town that is located both in the area delineated for exemption under section 45-411.01 and in the Phoenix active management area as having an assured water supply if all of th…

A. The director shall prescribe the form of application for a certificate of assured water supply, to include, as applicable: 1. The legal description of the land. 2. The plats, plans and maps of the proposed development. 3. Information on the nature and magnitude of the proposed…

A. The director shall give notice of the application for a certificate of assured water supply once each week for two consecutive weeks in a newspaper of general circulation in the active management area in which the applicant proposes to use water. The first publication shall oc…

A. A holder of a certificate of assured water supply issued pursuant to section 45-576 may assign the certificate, in whole or in part, to another person if the holder applies to the director for approval within ten years after the original certificate was issued and the director…

For the purpose of determining whether changes to a plat for which a certificate has been issued in an active management area are material under rules adopted pursuant to section 45-576, subsection H, the director shall not consider any change in the number of housing units or lo…

A. The assured and adequate water supply administration fund is established consisting of the fees that are paid to the department for applications relating to adequate and assured water supply pursuant to sections 45-108, 45-576 and 45-579 and that are established by the directo…

In this article, unless the context otherwise requires: 1. "Existing well" means a well which was drilled before June 12, 1980 and which is not abandoned or sealed or a well which was not completed on June 12, 1980 but for which a notice of intention to drill was on file with the…

Wells drilled for oil, gas or helium pursuant to the provisions of title 27 are not wells as defined in this chapter. The director, by rule or regulation, may exempt exploration wells from any requirement of this article that the director determines is not necessary for the prote…

A. A person may construct, replace or deepen a well in this state only pursuant to this article and section 45-834.01. The drilling of a well may not begin until all requirements of this article and section 45-834.01, as applicable, are met. B. The director may adopt temporary ru…

A. On or before June 12, 1982, a person who owns an existing well which is or has been used to withdraw or monitor water shall register the well on a registration form provided by the director. The registration form shall include: 1. The registration number of any well previously…

A. The director shall adopt rules establishing construction standards for new wells and replacement wells, the deepening and abandonment of existing wells and the capping of open wells. B. All well construction, replacement, deepening and abandonment operations shall comply with …

A. New well construction, including modifications of wells, shall be performed under the direct and personal supervision of a well driller who holds a well driller's license pursuant to subsection B of this section. B. A person who intends to construct or modify one or more wells…

A. In an area not subject to active management, a person may not drill or cause to be drilled any well or deepen an existing well without first filing notice of intention to drill pursuant to subsection C of this section or obtaining a permit pursuant to section 45-834.01. Only o…

(Conditionally Eff.) In addition to the information required by section 45-596, a person who files a notice of intention to drill a well that will pump Colorado River water shall include with the notice proof that the director determines to be satisfactory that the person has the…

A. A person entitled to withdraw groundwater in an active management area or a person entitled to recover stored water pursuant to section 45-834.01 may deepen an existing well or construct a replacement well at approximately the same location. The director shall by rule define w…

A. The director shall adopt rules governing the location of new wells and replacement wells in new locations in active management areas to prevent unreasonably increasing damage to surrounding land or other water users from the concentration of wells. B. A person entitled to with…

A. An application for a permit to construct a new well or replacement well in a new location shall be made on a form that is prescribed and furnished by the director and that includes: 1. The name and mailing address of the applicant. 2. The legal description of the land upon whi…

A. A well driller shall maintain a complete and accurate log of each well drilled. Within thirty days of completion of the drilling of any well in this state, the driller shall file a well driller report with the director which shall include all information contained in the log o…

The director may adopt rules governing pumping patterns of persons who withdraw groundwater or recover stored water, as defined in section 45-802.01, from multiple wells in an active management area to minimize damage to adjacent groundwater users. The director may not require a …

A. Groundwater which has been withdrawn shall not be allowed to waste. To effectuate the purposes of this section, the director shall: 1. Require all flowing wells to be capped or equipped with valves so that the flow of water can be completely stopped when not in use. 2. Require…

In developing rules and regulations under this article, the director shall consider, among other things, water quality, cones of depression and land subsidence.

A. Except as provided in subsections B, C and D of this section, a person who withdraws groundwater from a nonexempt well in an active management area or an irrigation non-expansion area, a person who withdraws water from a non-exempt well in the Santa Cruz active management area…

A. The director of water resources, in consultation with the director of environmental quality, may inspect wells for vertical cross-contamination of groundwater by hazardous substances and may take appropriate remedial actions to prevent or mitigate the cross-contamination at no…

A. The well administration and enforcement fund is established consisting of fees paid to the department pursuant to section 45-596, subsection L and section 45-599, subsection J. The department shall administer the fund. Monies in the fund are continuously appropriated and shall…

A. Except as provided in subsection B of this section, the director shall levy and collect an annual groundwater withdrawal fee from each person withdrawing groundwater in the Prescott active management area or the person who owns the right to withdraw the groundwater, in an amou…

A. Each year the legislature shall appropriate sufficient monies to the department to cover all costs of administration and enforcement of this chapter. B. Not later than October 1 of each year, the director shall estimate the total amount of groundwater to be withdrawn in all ac…

A. Except as provided in section 45-615, paragraph 2 and sections 45-1972 and 48-4504, monies collected in an active management area for purposes of augmentation, conservation assistance and monitoring and assessing water availability under section 45-611, subsection A, paragraph…

A. The director, not later than October 1 each year, shall set the groundwater withdrawal fee for each active management area for the following calendar year. In setting the fee, the director shall comply with the requirements of section 45-611, subsections A and C and shall cons…

Except as provided in section 45-113, subsection C, the director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected by the department pursuant to section 45-611, subsection A, paragraphs 2 and 3 and subsection C, paragraphs 2, 3 and 4 and any other monies…

(Rpld. 4/1/28) A. The temporary groundwater and irrigation efficiency projects fund is established for the purpose of funding projects for the construction and rehabilitation of wells and related infrastructure for the withdrawal and efficient delivery of groundwater by qualified…

A. The director shall levy and collect, in a form prescribed by the department, an annual water quality assurance fee from each person who owns a type 1 or a type 2 non-irrigation grandfathered right pursuant to article 5 of this chapter or who holds a groundwater withdrawal perm…

The director may grant monies, either on a reimbursable basis or by advancing grant monies, from an active management area's augmentation and conservation assistance fund as received by the state treasurer pursuant to section 45-615, paragraph 1 for augmentation or conservation a…

A. An Arizona water quality fund is established for agency participation in activities related to title 49, chapter 2, article 5 and coordination of data bases necessary for those activities. The director shall administer the fund. B. The Arizona water quality fund consists of mo…

In this article, unless the context otherwise requires, "person" means an individual, public or private corporation, company, partnership, firm, association, society, estate, trust, any other private organization or enterprise, the United States, any state, territory or country o…

A. Each person who is required to file an annual report under this section or who files an annual report under subsection E of this section shall maintain current accurate records of the person's withdrawals, transportation, deliveries and use of groundwater and, in the Santa Cru…

A. The director or the director's authorized representative may enter at reasonable times upon private or public property where a well, including a well under construction or a well not used to withdraw groundwater or another facility for the withdrawal, transportation or use of …

A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated a provision of this chapter or a permit, rule or order issued or adopted pursuant to this chapter, the director may give the person written noti…

A. A person who is determined pursuant to section 45-634 to be in violation of this chapter or a permit, rule, regulation or order issued or adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding: 1. Except as provided in paragraph 3 of this s…

A. Unless otherwise specified, a person who knowingly violates or refuses to comply with a provision of this chapter or a permit, rule, regulation or order issued or adopted pursuant to this chapter is guilty of a class 2 misdemeanor. A person who, after notice of violation, cont…

In this article, unless the context otherwise requires: 1. "District" means a groundwater replenishment district established under title 48, chapter 27. 2. "District member" means a member of the district as provided by title 48, chapter 27.

A. A district member may apply to the director for a certificate of groundwater oversupply for all or part of the groundwater that the district member has a legal right to withdraw. B. The director may issue a certificate of groundwater oversupply for all or part of the groundwat…

A. The director shall prescribe and furnish an application form for a certificate of groundwater oversupply that includes the following: 1. The name and mailing address of the district member. 2. The name of the active management area in which the groundwater will be withdrawn. 3…

A. On receiving an application under section 45-703, the director shall record the application and endorse on the application the date of receipt. The director shall conduct an initial review of the application within fifteen days of receiving the application. If the director det…