Title 45 — Waters

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 B. Not later than October 1 of each year, the director shall estimate the total amount of groundwater to be withdrawn in all ac…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…

Unless the context otherwise requires, the terms defined in section 45-402 have the same meaning in this chapter and: 1. "Applicant" means a person who applies for a water exchange permit pursuant to section 45-1041. 2. "Holder" means a person to whom a water exchange permit is i…

A. A person may withdraw, divert or use water received through a water exchange only if one or more of the following apply: 1. Neither the water exchange is in an amount nor any associated water exchange contract provides for a water exchange in an amount exceeding fifty acre-fee…

A. A person who receives water pursuant to a water exchange or water exchange contract: 1. May withdraw, or divert, and use the water without holding a right to that water other than the authority granted by the water exchange or water exchange contract. 2. May use the water only…

A. Each person who is authorized to give or receive any water pursuant to a water exchange contract enrolled under section 45-1021, a water exchange permit issued under section 45-1041, or a notice of water exchange filed with the director under section 45-1051 shall file an annu…

A. The director shall establish and maintain a registry of water exchange contracts enrolled under section 45-1021, water exchange permits issued under section 45-1041, and notices of water exchange filed with the director under section 45-1051. B. Each person who is a party to a…

A. This chapter shall not be construed to affect vested water rights. B. Any determination made by the director for purposes of this chapter regarding the validity, nature, extent or relative priority of a water right claimed by a party or another person is not binding in any oth…

A. A water exchange contract may be enrolled by any party to the contract by filing a statement of water exchange contract with the director and complying with all of the following requirements: 1. The water exchange contract was in effect before January 1, 1992 and, if originall…

Enrollment of a water exchange contract under section 45-1021 does not affect the validity of any water exchange conducted pursuant to that contract before the effective date of this chapter.

A. A person who seeks to give surface water, other than Colorado river water, in a water exchange to which neither section 45-1002, subsection A, paragraph 1 nor 3 applies shall apply to the director for a water exchange permit. The director shall issue either a specific use wate…

A. On receiving an application for a water exchange permit, the director shall endorse on the application the date of receipt and keep a record of the application. The director shall conduct an initial review of the application within fifteen days after receiving the application.…

A. A specific use permit issued by the director pursuant to section 45-1041 shall contain the following information: 1. The names and mailing addresses of the persons to whom the permit is issued. 2. The name of any active management area or irrigation non-expansion area from whi…

A person whose application for a water exchange permit is denied or a person who contested a permit by filing a proper objection pursuant to section 45-1042 may seek judicial review of the director's decision in superior court as provided in section 45-405.

Holders of a water exchange permit may seek renewal of a permit within six months before the date the permit expires or may seek modification of an unexpired water exchange permit. All applications to renew or modify a permit shall be treated in the same manner as provided in sec…

A. After an administrative hearing the director may permanently or temporarily revoke all or part of a water exchange permit for any of the following reasons: 1. A false statement in regard to a material issue in an application to initiate, modify or renew a permit, or a false st…

A. A person who seeks to engage in a water exchange that does not meet the requirements of section 45-1002, subsection A, paragraph 1, 2, 3, 4 or 6 shall file a notice of water exchange with the director. The notice shall include the following: 1. The names and mailing addresses …

After filing a notice of water exchange that conforms with the requirements of section 45-1051, subsection A, the exchange may be initiated if it satisfies the following conditions: 1. The water exchange will be made pursuant to a written contract. 2. The water exchange will not …

A. The director or the director's authorized representative may enter at reasonable times on private or public property where water is withdrawn, diverted or used pursuant to a water exchange, and the owner, manager or occupant of the property shall permit the entry to: 1. Inspec…

A. If the director has reason to believe that a person is violating or has violated any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter, the director may give the person written notice that th…

A. A person who is determined pursuant to section 45-1062 to be in violation of any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter may be assessed a civil penalty in an amount not exceeding: …

In this article, unless the context otherwise requires: 1. "Dam" means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not …

A. All dams are under the jurisdiction of the director of water resources. Dams of the state, or any political subdivisions thereof, or dams of public utilities, and all dams within the state are included within the jurisdiction conferred by this section. It is unlawful to constr…

A. Construction of a dam or enlargement of an existing dam shall not be commenced until a written approval of plans and specifications has been obtained from the director. B. A separate application for each dam shall be filed with the director upon forms provided by him, reciting…

A. The estimated cost of the dam or alterations thereof shall include the cost of all labor and materials entering into the construction of the dam and appurtenant works. The cost of preliminary investigation and surveys, the construction plant and all other items properly includ…

A. Upon all projects for which approval is required by the state certification board, or which involve examination, supervision and inspection by the director, whether in connection with the construction of a dam or otherwise, the following shall be paid: 1. For irrigation projec…

A. Before commencing the repair, alteration or removal of a dam, application shall be made for written approval by the director, except as otherwise provided by this article. The application shall state the name and address of the applicant, shall adequately detail the changes it…

A. Upon receipt of an application, the director shall approve, disapprove or approve subject to conditions necessary to insure safety. B. A defective application shall not be rejected, but notice of the defects shall be sent to the applicant by registered mail. If the applicant f…

A. During the construction, enlargement, repair, alteration or removal of a dam the director shall make such inspections, investigations or examinations as he deems necessary to enforce the provisions of his approval and the plans and specifications as approved. If thereafter as …

A. Immediately upon completion or enlargement of a dam, notice of completion shall be given to the director. As soon as possible thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed shall be filed with the director which sh…

Except as otherwise provided in this article, a petition for review by a board of review of any approval, disapproval or order of the director concerning plans, specifications, construction or maintenance pertaining to any dam may be filed by the owner or applicant, or by three l…

A. The petition for review shall be in writing and shall be filed with the director within ten days after issuance of the approval, disapproval or order of which complaint is made. Upon receipt of the petition, the director shall prepare a list of ten qualified experts. Within te…

A. Supervision over the maintenance and operation of dams to safeguard life and property is vested exclusively in the director. The director shall make complete inspections, require reports from owners or operators and issue rules and orders necessary to secure maintenance and op…