Title 45 — Waters
15 chapters · 575 sections in this title.
A.R.S. § 45-465.05 Permanent relinquishment of irrigation grandfathered rights; groundwater savings credits; assured water supply; rules; report; definitions
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(Rpld. 1/1/36) A. A person that owns land within the Phoenix or Pinal active management area that may be legally irrigated with groundwater pursuant to an irrigation grandfathered right may apply to the director to permanently relinquish all of the irrigation grandfathered right …
A.R.S. § 45-466 Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty
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A. The irrigation water duty shall be used to determine the maximum amount of groundwater which may be used pursuant to section 45-465, subsection B and debits and credits to the flexibility account as set forth in section 45-467. Except as provided in subsection B of this sectio…
A.R.S. § 45-467 Withdrawals in excess of irrigation grandfathered right; withdrawals less than irrigation grandfathered right; flexibility account; conveyances; variance; exemption
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A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right may: 1. In an active management area other than the Santa Cruz active management area, use groundwater in excess of the amount allowed by the right in an amount determined pursuant to sub…
A.R.S. § 45-468 Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses
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A. A person delivering a combination of surface water or effluent, or both, and groundwater for irrigation uses shall prior to the beginning of each accounting period estimate the amount of groundwater that will be withdrawn and delivered during the next accounting period and sha…
A.R.S. § 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for non-irrigation use; development plan approval; amendment of plan; approval of plan prior to retirement; amount withdrawn; service area determined; restoration of retired irrigation grandfathered right
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A. Except as provided in section 45-480, subsection F and subsection P of this section, except as provided in subsection I of this section, a person who owns land that is legally entitled to be irrigated with groundwater pursuant to an irrigation grandfathered right and that is l…
A.R.S. § 45-470 Use of type 1 non-irrigation grandfathered right by original owner; definition
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A. Except as provided in section 45-469, subsection I, or as provided in subsection B of this section, the original owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 may: 1. Use groundwater withdrawn pursuant to the right for any non-irriga…
A.R.S. § 45-471 Use of type 2 non-irrigation grandfathered right by owner
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A. The owner of a type 2 non-irrigation grandfathered right pursuant to section 45-464 may use groundwater withdrawn pursuant to the right for any non-irrigation purpose at any location, subject to the provisions governing transportation of groundwater in article 8 of this chapte…
A.R.S. § 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
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A. The owner of an irrigation grandfathered right may convey the right only with the land to which the right is appurtenant. B. If the land to which an irrigation grandfathered right is appurtenant is within the exterior boundaries of the service area of a city, town or private w…
A.R.S. § 45-473 Conveyance of type 1 non-irrigation grandfathered right; use by new owner; appurtenancy; within service area; outside service area; definition
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A. The owner of a type 1 non-irrigation grandfathered right may convey the right only for a non-irrigation use and only with the land to which it is appurtenant. For purposes of this section, a type 1 non-irrigation grandfathered right means a non-irrigation grandfathered right a…
A.R.S. § 45-473.01 Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473
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A person to whom an irrigation grandfathered right is conveyed for a non-irrigation use after the effective date of this section pursuant to section 45-472 or a person to whom a type 1 non-irrigation grandfathered right is conveyed after the effective date of this section pursuan…
A.R.S. § 45-474 Conveyance of type 2 non-irrigation grandfathered right; amount
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A. The owner of a type 2 non-irrigation grandfathered right may convey the right for any non-irrigation use, except that: 1. A type 2 non-irrigation grandfathered right that is used for purposes of mineral extraction or processing may be conveyed only for a mineral extraction or …
A.R.S. § 45-475 Determination of exterior boundaries of service area for purposes of conveyances
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For purposes of conveyances of irrigation grandfathered rights and type 1 non-irrigation grandfathered rights, whether land to which the right is appurtenant is within the exterior boundaries of the service area of a city, town or private water company shall be determined as of t…
A.R.S. § 45-476 Application for certificate of grandfathered right
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A. Except as provided in section 45-476.01, a person claiming the right to withdraw or receive and use groundwater pursuant to a grandfathered right shall file an application for a certificate of grandfathered right with the department not later than fifteen months after the date…
A.R.S. § 45-476.01 Late applications for certificates of grandfathered rights; definition
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A. A person who claims the right to withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered right and who failed to file an application on or before July 1, 1983 as required by law may file a late application for a certificate of g…
A.R.S. § 45-477 Right to withdraw, receive or use groundwater in an initial active management area
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A person shall not withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered right unless the certificate of grandfathered right has been issued or the application for the certificate of grandfathered right has been filed and is the …
A.R.S. § 45-477.01 Waiver and relinquishment of grandfathered rights in a subsequent active management area
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A person who claims the rights to withdraw or receive and use groundwater in a subsequent active management area pursuant to a grandfathered right but who fails to file an application for a certificate of grandfathered right as provided in this article is deemed to waive and reli…
A.R.S. § 45-478 Notice of requirement to apply for certificate of grandfathered right
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A. Within ninety days of the date of the designation of an active management area, the director shall give notice of the requirement to apply for a certificate of grandfathered right to the clerk of the board of supervisors of the county or counties in which the active management…
A.R.S. § 45-479 Registry of applications; written objections; request for hearing
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A. The director shall establish a registry of all applications received for a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right for each active management area. After the deadline for the filing of applications for a certificate of gr…
A.R.S. § 45-480 Review of applications; investigations; hearings; final determination; judicial review
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A. Except as provided in subsection F of this section, the director shall review each application for a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right and may conduct such investigations as deemed necessary to determine whether the…
A.R.S. § 45-481 Issuance of certificates; contents; recordation
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A certificate of grandfathered right shall be issued in recordable form and shall contain: 1. The name and mailing address of the person to whom the certificate is issued. 2. The active management area in which the withdrawal of groundwater is being or will be made. 3. The type o…
A.R.S. § 45-482 Registry of certificates of grandfathered right; reporting; definition
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A. The director shall establish and maintain a registry of certificates of grandfathered rights for each active management area. The registry shall include a copy of each certificate of grandfathered right in the active management area and such other pertinent information as the …
A.R.S. § 45-483 Designation of protected farmland; notice; revocation of designation; irrigation water duty; assured water supply credit for extinguishment of irrigation grandfathered right prohibited
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A. A person who owns land within an active management area that is legally entitled to be irrigated with groundwater pursuant to an irrigation grandfathered right may apply to the director for designation of the land as protected farmland. On receipt of an application, the direct…
A.R.S. § 45-491 Scope of article
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A. In an active management area, a city, town, private water company or irrigation district may withdraw groundwater only pursuant to this article, except as provided by a grandfathered right and except as otherwise provided in this section. B. An irrigation district engaged in g…
A.R.S. § 45-492 Withdrawals by cities, towns and private water companies within service areas; contract to supply groundwater
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A. Except as provided in subsection D of this section, in an active management area, a city, town or private water company shall have the right to withdraw and transport groundwater within its service area for the benefit of landowners and residents within its service area, and t…
A.R.S. § 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
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A. In an active management area, the service area of a city, town or private water company may not be extended primarily for any of the following purposes: 1. Including a well field within the service area. 2. Furnishing disproportionately large amounts of water to an industrial …
A.R.S. § 45-494 Withdrawals by irrigation districts in initial active management areas
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In an initial active management area established pursuant to section 45-411: 1. An irrigation district existing and engaged in the withdrawal, delivery and distribution of groundwater as of January 1, 1977 shall have the right, subject to section 45-496 and section 45-493, subsec…
A.R.S. § 45-494.01 Addition and exclusion of area by irrigation districts in initial active management areas
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A. In an initial active management area, an irrigation district established pursuant to title 48, chapter 19 existing and engaged in the withdrawal, delivery and distribution of groundwater as of January 1, 1977 may add to the service area of the district acres of land which have…
A.R.S. § 45-495 Withdrawals and transportations by irrigation districts within subsequent active management areas
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In a subsequent active management area established pursuant to section 45-412: 1. An irrigation district existing and engaged in the withdrawal, delivery and distribution of groundwater as of the date of the designation of the active management area shall have the right, subject …
A.R.S. § 45-496 Applicability of general transportation provisions and conservation requirements
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Withdrawals and transportation of groundwater by an irrigation district pursuant to this article are subject to: 1. The provisions of articles 8 and 8.1 of this chapter relating to transportation of groundwater. 2. Conservation requirements developed by the director pursuant to a…
A.R.S. § 45-497 Withdrawal of groundwater by irrigation districts for municipal or industrial purposes
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A. This article shall not be construed to enlarge the authority of an irrigation district to withdraw and distribute groundwater for municipal or industrial purposes. B. An industrial user may not obtain groundwater delivery service from an irrigation district in excess of the am…
A.R.S. § 45-498 Maps of service areas
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A. Each city, town, private water company and irrigation district in an active management area shall maintain a current map clearly delineating its service area and distribution system in the director's office and shall furnish such other related data as the director may require.…
A.R.S. § 45-511 Definitions
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In this article, unless the context otherwise requires: 1. "General industrial use" means a non-irrigation use of groundwater except those subject to permits issued pursuant to sections 45-513 and 45-514 and those for which a certificate of assured water supply is required pursua…
A.R.S. § 45-512 Categories of groundwater withdrawal permits
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Except as provided in section 45-452, subsection H, section 45-513, subsection B and articles 5 and 6 of this chapter, a person may not withdraw groundwater from a nonexempt well in an active management area unless the person obtains a groundwater withdrawal permit from the direc…
A.R.S. § 45-513 Dewatering permit; definition; priorities for use of groundwater; conditions on director; duration of permit
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A. Except as provided in subsection F of this section, a person who is engaged in or proposes to engage in the extraction and processing of minerals shall be issued a dewatering permit for the beneficial use of the land for mineral extraction, for metallurgical processing and for…
A.R.S. § 45-514 Mineral extraction and metallurgical processing permit; conditions for issuance; duration of permit
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A. Except as provided in subsection D of this section, a person who is engaged in or proposes to engage in the extraction and processing of minerals shall be issued a permit to withdraw groundwater in the required amount, if all of the following apply: 1. The amount of groundwate…
A.R.S. § 45-515 General industrial use permits; conditions for issuance; duration of permit
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A. Except as provided in subsection D of this section, the director shall issue a permit to withdraw groundwater from a point outside of the exterior boundaries of the service area of a city, town or private water company for a general industrial use outside of the exterior bound…
A.R.S. § 45-516 Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit
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A. The director may issue a permit to a non-irrigation user to withdraw poor quality groundwater if he determines that the groundwater to be withdrawn because of its quality has no other beneficial use at the present time and that the withdrawal of such groundwater is consistent …
A.R.S. § 45-517 Temporary permit for electrical energy generation; conditions for issuance
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A. The director shall, upon an adequate showing that an emergency exists, issue a temporary permit to a person engaged in the generation of electrical energy to withdraw groundwater in excess of the amount of groundwater the person is legally entitled to withdraw under a grandfat…
A.R.S. § 45-518 Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance
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A. The director may issue a temporary permit to a person to withdraw groundwater for dewatering purposes if the director determines that: 1. Dewatering is necessary for the construction or the structural integrity of improvements on the land from which the groundwater is proposed…
A.R.S. § 45-519 Drainage water withdrawal permit; conditions for issuance
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A. A person may apply for and the director may issue a drainage water withdrawal permit if the director determines that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production in respect to those lands and the withdrawal of such grou…
A.R.S. § 45-519.01 Hydrologic testing permits; conditions for issuance
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A. The director shall issue a permit to withdraw not more than three acre-feet of groundwater per year for the purpose of obtaining groundwater samples to test groundwater quality, if the testing is necessary to comply with applicable environmental controls. A hydrologic testing …
A.R.S. § 45-520 Point of withdrawal; location of use; conveyance
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A. A person who withdraws groundwater under a permit issued pursuant to this article may change his point or points of withdrawal only pursuant to sections 45-597 and 45-598 and may change his location of use only with the approval of the director and by applying for a modificati…
A.R.S. § 45-521 Permit application form; filing; contents
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Application for a permit to withdraw groundwater pursuant to this article shall be made on a form provided by the director which shall include the following information: 1. The name and mailing address of the applicant. 2. The name of the active management area and sub-basin, if …
A.R.S. § 45-522 Correction of application
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Upon receipt of an application, the director shall endorse on the application the date of its receipt and keep a record of the application. If the director determines the application is incorrect or incomplete, the director may request additional information from the applicant. T…
A.R.S. § 45-523 Notice; objections; hearing
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A. Except as provided in section 45-518, subsection D and section 45-519.01, subsection F, when the permit application is determined complete and correct, the director shall, within fifteen days of such determination, give notice of the application once each week for two consecut…
A.R.S. § 45-524 Approval or rejection of permit application
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A. The approval or rejection of an application for a permit shall be endorsed on the application and dated. If the permit is denied, the director shall notify the applicant in writing specifically stating the reasons for denial. B. A permit issued by the director shall contain th…
A.R.S. § 45-525 Registry of permits; reporting
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A. The director shall establish and maintain a registry of permits for each active management area. The registry shall include a copy of each permit in the active management area and such other pertinent information as the director determines is necessary. B. A person to whom a p…
A.R.S. § 45-526 Appeals
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A person whose application is denied or a person who contested a permit by filing a proper objection pursuant to section 45-523 may seek judicial review of the decision in the superior court.
A.R.S. § 45-527 Modification of permit
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A permittee may seek modification of an unexpired groundwater withdrawal permit and renewal of a permit within six months prior to the date of the expiration of the permit. All permit modifications or renewal applications shall be treated in the same manner as the initial permit …
A.R.S. § 45-528 Revocation of permits
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A. After an administrative hearing in the active management area in which the use is located, the director may permanently, or temporarily, in whole or in part, revoke a groundwater withdrawal permit for any of the following reasons: 1. For a material false statement in an applic…