Title 45, Waters

A. It is unlawful for an owner, director, officer, agent, employee, contractor or his agents to construct, reconstruct, repair, enlarge, alter or remove a dam without an approval as provided in this chapter, or contrary to an approval issued. It is unlawful for the agents or empl…

A. The director may take any legal action proper and necessary for the enforcement of this chapter. B. An action or proceeding under this section may be commenced whenever any owner or any person acting as a director, officer, agent or employee of any owner, or any contractor or …

A. The director may grant loans from the dam repair fund to dam owners to defray the costs of repairing dams which the director determines to be dangerous to the safety of life and property but which are not in an emergency condition. Loans shall be granted on such terms and cond…

The director may provide grants from the dam repair fund to dam owners to defray the costs of repairing dams which the director determines to be dangerous to the safety of life and property but which are not in an emergency condition. Grants shall be provided on such terms and co…

A. Monies appropriated by the legislature for nonemergency dam repair, dam safety inspection fees collected pursuant to section 45-113, filing fees collected pursuant to section 45-1204 and payments of principal and interest collected by the director pursuant to section 45-1218 s…

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 article or a license, rule or order issued or adopted pursuant to this article, the director may give the person written not…

A. A person who is determined pursuant to section 45-1221 to be in violation of this article or a license, rule or order issued or adopted pursuant to this article may be assessed a civil penalty in an amount not exceeding one thousand dollars per day of violation. B. The directo…

A. A 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 on a showing of good cause. In determining if good ca…

There is hereby unconditionally ratified, approved and confirmed, that certain contract for the storage and delivery of water from Lake Mead executed on behalf of the United States by the honorable Harold L. Ickes, secretary of the interior, and on behalf of the state of Arizona …

The Colorado River compact executed at Santa Fe, New Mexico, November 24, 1922, by representatives of the states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming is unconditionally ratified, approved and confirmed. Text of Colorado River Compact The States o…

The upper Colorado river basin compact executed in Santa Fe, New Mexico, on October 11, 1948, by representatives of the States of Arizona, Colorado, New Mexico, Utah and Wyoming, is unconditionally ratified, approved and confirmed. Text of Upper Colorado River Basin Compact The S…

A. When payments are made by the United States, its agencies or instrumentalities to this state in lieu of taxes from the proceeds of any hydroelectric power development on the Colorado river, within the state or on the boundary thereof, pursuant to an act of Congress accepted by…

In addition to the general powers vested in counties, cities and towns and the governing bodies thereof, counties, cities and towns are empowered to cooperate with the United States or any authorized instrumentality, department or agency thereof in the construction of flood contr…

Pursuant to the powers granted under the provisions of section 45-1401, counties, cities and towns may: 1. Acquire and provide, without cost to the United States, land, easements and rights-of-way necessary for the construction of flood control projects. 2. Agree to hold the Unit…

A. In addition to the general powers vested in counties, the board of supervisors of any one or more counties are empowered separately or severally to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the…

A. In addition to the general powers vested in towns, the town of Holbrook is empowered to furnish to the secretary of defense such assurance of local cooperation as may be required, in conformity with the provisions of section 3 of the act of Congress approved December 22, 1944 …

A. In addition to the general powers vested in counties and the governing bodies thereof, the counties of Mohave and Yuma are empowered to furnish to the secretary of defense such assurance of local cooperation as may be required, in conformity with the provisions of section 3 of…

A. In addition to the general powers vested in counties, the counties of Maricopa and Yuma and the governing bodies thereof are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United St…

A. In addition to the general powers vested in counties, the counties of Maricopa and Pinal and the governing bodies thereof are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United S…

A. The board of supervisors of Pinal county is empowered to cooperate with and receive assistance from the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized pursuant to any act of Congress, …

Notwithstanding section 45-1425, the board of supervisors of Pinal county shall not exercise any power or authority granted by section 45-1425, nor shall it undertake or cooperate in either the planning, authorization, construction, acquisition, extension, improvement, maintenanc…

A. The boards of supervisors of Cochise, Graham and Gila counties and the governing bodies of the towns of Safford and Thatcher and the city of Douglas are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, as …

Notwithstanding section 45-1427, neither the boards of supervisors of Cochise, Graham or Gila counties nor the governing bodies of the towns of Safford or Thatcher or the city of Douglas shall exercise any power or authority granted by section 45-1427, nor shall they undertake or…

A. The board of supervisors of Santa Cruz county is empowered to cooperate with and receive assistance from the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized pursuant to any act of Congr…

In this chapter, unless the context otherwise requires: 1. "Design flood" means a selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized the design flood will be…

Any public agency may request the director of water resources to investigate any flood control project in this state and report to the legislature the results of its investigation, and the director shall certify to the legislature the date state funds should be appropriated to pa…

A. The director shall not disburse any funds for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) until the legislature has appropriated funds to contribute toward the local cost of land, easements and rights-of-way for that project. The director s…

The director shall not disburse any monies pursuant to this chapter to pay any costs of lands, easements and rights-of-way for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) for which the appropriate public agency fails to establish, within a rea…

A. A flood control assistance fund is established. All or part of an appropriation to the fund may be allocated for a specific flood control project defined by section 45-1441, paragraph 3, subdivision (a). All payments for flood control assistance under this article shall be mad…

A. The state's portion of the costs of lands, easements and rights-of-way shall be determined by the director at or prior to the time the director submits his report to the legislature recommending an appropriation for such project. B. The state's portion of such costs shall not …

The director shall not disburse any monies appropriated pursuant to this chapter or any special appropriations for flood control unless and until a public agency has in writing assumed the obligations of maintenance and provided this state and, if applicable, the federal governme…

A. Money appropriated to the director for flood control projects shall be disbursed to public agencies upon order of the director after application by such agencies showing the necessity, purpose and use to be made of such monies. B. The director shall disburse monies appropriate…

The director shall report to the legislature, within fifteen days after the commencement of each regular session, on the disbursal or refusal to disburse money appropriated to him by the legislature for purposes of this chapter and on the disbursal or refusal to disburse monies i…

In studying flood control projects, the director shall give full consideration to all beneficial uses of the state's water and other natural resources, including, but not limited to, irrigation, generation of electric energy, municipal and industrial consumption of water and powe…

A. The director, or his duly authorized representative, may call, conduct, attend or otherwise participate in conferences or hearings, official or unofficial, within or without this state, with interested persons, agencies or officers of this or any other state or the federal gov…

A. Any flood control district organized pursuant to title 48, chapter 21 may, subject to available appropriations, qualify for assistance from this state for any flood control project defined by section 45-1441, paragraph 3, subdivision (b) if such project is being developed purs…

The director shall not expend or disburse any monies pursuant to this article for the following functions located or to be located in an area for which the appropriate public agency has failed to adopt and enforce for its area of jurisdiction floodplain regulations required by ti…

A. The director of water resources may grant loans to defray the cost to a county flood control district, organized pursuant to title 48, chapter 21, for flood control projects eligible for alternative flood control assistance under article 4 of this chapter. Loans may be granted…

In this article, unless the context otherwise requires: 1. "Flood warning system" means a project or series of projects to detect floods and develop flood preparedness plans and may include the system known as the automatic local evaluation in real time system. 2. "Local entity" …

The director may: 1. Cooperate and coordinate with the federal government or any of its departments or agencies and local entities to establish a flood warning system for this state. 2. Disburse monies from the flood warning system fund pursuant to section 45-1504. 3. Provide tec…

A. A flood warning system fund is established for developing a flood warning system, purchasing flood warning system equipment and providing assistance to local entities on a cost sharing basis for the planning, design, installation, operation and maintenance of flood warning sys…

A. The director may grant monies from the flood warning system fund established by section 45-1503 either by advancing monies or by making reimbursements to local entities eligible for flood warning system assistance under this article to defray the cost to the local entity of th…

A. The local entity with an intergovernmental agreement with the director regarding a component of a flood warning system is responsible for the operation and maintenance of that component. B. The director may provide training, technical assistance and ongoing oversight to the lo…

This state, its departments, agencies, officials, employees and agents and any local entities as defined in section 45-1501 are immune from liability for losses arising from damage, theft, change of location or the partial or total failure of any plan, design, installation, opera…

No person or corporation, other than the United States and its administrative agencies or the state shall, without having first received a license from the director of water resources, conduct any weather control or cloud modification operations or attempt artificially to produce…

Any individual or corporation who proposes to operate weather control or cloud modification projects or attempts to artificially induce rainfall shall, before engaging in any such operation, make application to the director for a license to engage in the particular weather contro…