Title 45 — Waters
15 chapters · 575 sections in this title.
A.R.S. § 45-437 Irrigated acreage; water measuring device; annual report of groundwater pumping; penalty; transportation; exemption
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A. In an initial irrigation non-expansion area established pursuant to section 45-431, except as provided in subsection E of this section, only acres of land which were legally irrigated at any time between January 1, 1975 and January 1, 1980 may be irrigated with groundwater, ef…
A.R.S. § 45-437.01 Substitution of irrigated acreage in an irrigation district; central Arizona project water
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In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may apply to the director during the central Arizona project contracting period, but no later than January 1, 1995, to permanently retire all or a portion of suc…
A.R.S. § 45-437.02 Flood damaged acres; substitution of acres; definitions
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A. In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same irrigation non-expansion area if the ow…
A.R.S. § 45-437.03 Impediments to efficient irrigation; substitution of acres; definitions
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A. In an irrigation non-expansion area, a person who owns acres of land which are contiguous and which may be irrigated pursuant to section 45-437 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for the retired acres the sam…
A.R.S. § 45-438 Review and modification of boundaries of irrigation non-expansion areas
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A. The director may review and modify the boundaries of an irrigation non-expansion area as conditions require and factual data justify. B. The director shall review the boundaries of an irrigation non-expansion area upon receipt of a petition signed by persons who together withd…
A.R.S. § 45-439 Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures
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A. The director may designate an irrigation non-expansion area as an active management area if the director determines that the irrigation non-expansion area meets any of the criteria for designating an active management area specified in section 45-412, subsection A. B. Any acti…
A.R.S. § 45-440 Subsequent irrigation non-expansion area; limitation on use of groundwater
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A. Except as provided in subsection B of this section, in a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter, a person or entity may withdraw more than one…
A.R.S. § 45-451 Groundwater rights and uses in active management areas
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A. In an active management area, a person may: 1. Withdraw and use groundwater only in accordance with the provisions of articles 5 through 12 of this chapter. 2. Store water in a storage facility, as defined in section 45-802.01, only in accordance with chapter 3.1 of this title…
A.R.S. § 45-452 No new irrigated acreage in active management areas; central Arizona project water; exemption
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A. In an initial active management area, except as provided in subsections B, H, I and J of this section and sections 45-172, 45-465.01 and 45-465.02, only acres of land which were legally irrigated at any time from January 1, 1975 through January 1, 1980, which are capable of be…
A.R.S. § 45-453 Groundwater rights and uses in areas outside active management areas; amounts; transportation; irrigation non-expansion areas
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In areas outside of active management areas, a person may: 1. Withdraw and use groundwater for reasonable and beneficial use, except as provided in article 8.1 of this chapter. 2. Transport groundwater pursuant to articles 8 and 8.1 of this chapter. 3. Use groundwater for irrigat…
A.R.S. § 45-454 Exemption of small non-irrigation wells; definitions
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A. Withdrawals of groundwater for non-irrigation uses from wells having a pump with a maximum capacity of not more than thirty-five gallons per minute which were drilled before April 28, 1983 or which were drilled after April 28, 1983 pursuant to a notice of intention to drill wh…
A.R.S. § 45-454.01 Exemption of superfund remedial action activities; use requirements; definition
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A. New well construction and withdrawal, treatment and reinjection of groundwater into the aquifer that occur as a part of and on the site of a remedial action undertaken pursuant to CERCLA are exempt from this chapter, except that: 1. A well that is exempt under this subsection …
A.R.S. § 45-455 Application to state lands
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This chapter applies to all lands owned by the state of Arizona and any of its political subdivisions.
A.R.S. § 45-461 Definitions
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In this article, unless the context otherwise requires: 1. "Certificate of exemption" means a certificate which was issued by the state land department or Arizona water commission under prior statutory law for the purpose of describing specific uses and amounts of water which cou…
A.R.S. § 45-462 Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use
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A. In an active management area, a person who was legally withdrawing and using groundwater as of the date of the designation of the active management area or who owns land legally entitled to be irrigated with groundwater as determined pursuant to this article has the right to w…
A.R.S. § 45-463 Type 1 non-irrigation grandfathered right associated with retired irrigated land; appurtenancy; ownership
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A. In an initial active management area, a person who owns land which was legally entitled to be irrigated with groundwater and who retired such land from irrigation after January 1, 1965 but prior to the date of the designation of the active management area in anticipation of a …
A.R.S. § 45-464 Type 2 non-irrigation grandfathered right not associated with retired irrigated land; determination of amount; definition; ownership
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A. In an active management area, a person who owns land from which groundwater was being legally withdrawn and used for a non-irrigation purpose as of the date of the designation of the active management area has the right to withdraw annually: 1. If the person holds a certificat…
A.R.S. § 45-465 Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy
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A. In an active management area, a person who owns land which was legally irrigated in whole or in part with groundwater at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the notice of the initiation of designation proc…
A.R.S. § 45-465.01 Flood damaged acres; substitution of acres; definition
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A. A person who owns acres of land within an initial active management area which were legally irrigated at any time during the five years preceding January 1, 1980 and which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 may p…
A.R.S. § 45-465.02 Impediments to efficient irrigation; substitution of acres; definitions
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A. A person who owns acres of land described on a certificate of irrigation grandfathered right which have not been retired from irrigation for a non-irrigation use under section 45-463 or 45-469 may apply to the director to permanently retire a portion of those acres from irriga…
A.R.S. § 45-465.03 Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions
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A. In an initial active management area, a person who holds a certificate of irrigation grandfathered right has the right to withdraw annually up to ten acre-feet of groundwater for domestic purposes or stockwatering from a well or wells the holder is using to withdraw groundwate…
A.R.S. § 45-465.04 Use of groundwater to water plants in containers as non-irrigation use; right to use groundwater withdrawn pursuant to irrigation grandfathered right to water plants in containers; definition
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A. The use of groundwater to water plants in containers on or above the surface of the ground is a non-irrigation use in an active management area. B. Notwithstanding subsection A of this section, in an initial active management area, a person who holds a certificate of irrigatio…
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 …