Title 45, Waters

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…

A. After a conservation district has been established under title 48, chapter 22, if one or more of the conditions established under section 45-576.01, subsection B, paragraph 2 or 3 are not met for an active management area with respect to a conservation district and for as long…

A. For the purposes of determining whether to designate or maintain the designation of a city, town or private water company as having an assured water supply, when the service area of that city, town or private water company has qualified as a member service area of a conservati…

A. All of the following apply in the Pinal active management area for an application to modify a designation of assured water supply: 1. Except as provided in subsection B of this section, if the total volume of groundwater and stored water to be recovered outside the area of imp…

Notwithstanding any other law, the director may revise the rules adopted pursuant to section 45-576, subsection H to apply section 45-576.08 to other active management areas.

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…