Title 45 — Waters

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.

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…

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…

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…

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. 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. 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. 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…

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. 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. 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…

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 …

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…

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. 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. 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. 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…

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. 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. 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. 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. 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. …

A. The legislature finds that the people of Arizona are dependent in whole or in part upon groundwater basins for their water supply and that in many basins and sub-basins withdrawal of groundwater is greatly in excess of the safe annual yield and that this is threatening to dest…

1. "Accounting period" means the calendar year, except such other twelve-month period as may be otherwise agreed on by the director and the owner of a farm or a district on behalf of its landowners. 2. "Active management area" means a geographical area that has been designated pu…

A. Within eighteen months of the effective date of this section, the director shall propose boundaries for all groundwater basins and sub-basins of groundwater basins in this state not included within initial active management areas established pursuant to section 45-411. B. With…

A. Within sixty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. For each groundwater basin, the director shall prepare and file in the director's office: 1. A map clearly ide…

A. This section and sections 45-406 and 45-407 govern all actions for judicial review of decisions of the director under this chapter, except those decisions made pursuant to section 45-476.01, subsection E. An action for judicial review under this chapter extends to all question…

A. The chief justice of the supreme court shall designate at least one judge, but not more than five judges, of the superior court to hear actions for judicial review under this chapter. The chief justice of the supreme court shall also specify the particular county or counties f…

A. The decision of the director shall not be stayed pending an action for judicial review, except that the judge to whom the action for judicial review has been assigned may stay the decision of the director with or without bond upon a showing of good cause. In determining if goo…

A. Four initial active management areas are established on the effective date of this section. The four initial active management areas are: 1. The Tucson active management area which includes the upper Santa Cruz and Avra valley sub-basins. 2. The Phoenix active management area …

A. Each person who is entitled to use groundwater pursuant to an irrigation grandfathered right under article 5 of this chapter on irrigation acres located within the area delineated for exemption under subsection E of this section is exempt, beginning January 1, 1989 through Dec…

A. Beginning July 1, 1994, the boundaries of the Tucson active management area are modified to exclude the portion of the upper Santa Cruz valley sub-basin included within the Santa Cruz active management area on that date. The modified boundaries of the Tucson active management …

A. Beginning July 1, 1994, the Santa Cruz active management area is established as an initial active management area which consists of a portion of the upper Santa Cruz valley sub-basin. The boundaries of the Santa Cruz active management area are shown on the map filed in the off…

A. The legislature finds that the hydrology and water resource management issues within the upper Santa Cruz river basin are unique due to the international nature of the river basin. The Tucson active management area includes areas beyond the one hundred kilometer border region …

A. The director may designate an area which is not included within an initial active management area, pursuant to section 45-411, as a subsequent active management area if the director determines that any of the following exists: 1. Active management practices are necessary to pr…

A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A, the director shall hold a public hearing to consider: 1. Whether to issue an order declaring the area an active management area. 2. The boundaries and any sub-ba…

A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an active management area, the director shall make and file an ord…

A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report…

A. If the director initiates the procedure for designating a subsequent active management area or the board of supervisors calls an election to establish an active management area, an irrigation user may irrigate within the proposed active management area only acres of land which…

A. The director may review and modify the boundaries of a subsequent active management area or any of its sub-basins as conditions require and factual data justify. B. The director shall review the boundaries of a subsequent active management area or any of its sub-basins upon re…

A. The director shall appoint an area director for each active management area. For reasons of economy and efficiency in administration, one person may be the area director for more than one active management area. The area director shall serve at the pleasure of the director. B.…

The area director shall: 1. Assist the director in the development of the management plan for the active management area and implement the plan under the director's supervision. 2. Have such other duties as the director may assign and shall be responsible to the director for the …

A. There shall be a groundwater users advisory council in each active management area consisting of five members. Members of the council shall be appointed by the governor to represent the users of groundwater in the active management area and on the basis of their knowledge of, …

The groundwater users advisory council shall: 1. Advise the area director for the active management area, make recommendations on groundwater management programs and policies for the active management area and comment to the area director and to the director on draft management p…

The Douglas critical groundwater area and the Joseph City critical groundwater area, delineated in the orders of the state land commissioner dated May 5, 1965 and December 16, 1974, respectively, are designated as initial irrigation non-expansion areas on the effective date of th…

A. The director may designate an area which is not included within an active management area as a subsequent irrigation non-expansion area if the director determines that both of the following apply: 1. There is insufficient groundwater to provide a reasonably safe supply for irr…

A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either: 1. Not less than twenty-five irrigation users of groundwater, or one-fourth of the irrigation users of groundwater within the boundar…

A. If procedures are initiated, whether by the director or by petition, for designating an irrigation non-expansion area, an irrigation user may irrigate within the proposed irrigation non-expansion area only acres of land which were irrigated at any time during the five years pr…

A. If the director finds that an area which is not included within an active management area meets the criteria specified in section 45-432, or a petition is filed pursuant to section 45-433, the director shall hold a public hearing to consider: 1. Whether to issue an order decla…

A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an irrigation non-expansion area, the director shall make and file…