Title 45 — Waters

A. The authority may not own, develop, operate or construct storage facilities but may enter into contracts to reserve storage capacity at storage facilities and may pay reasonable compensation for those reservations. B. The authority may enter into agreements with storage facili…

A. By January 1 of each year, the authority shall adopt a plan of operation for that calendar year. B. In developing the plan of operation, the authority shall consider all of the following: 1. The amount of Colorado river water available for storage. 2. The advice of the departm…

A. The authority shall develop an accounting system for the long-term storage credits accrued or purchased by the authority. The accounting system shall be designed to allow the authority to determine which funding source of the banking fund paid for each long-term storage credit…

A. On or before December 31, 2019, the authority may enter into agreements to exchange long-term storage credits accrued or purchased in one active management area with monies collected pursuant to section 45-611, subsection C, paragraph 3 for long-term storage credits held by ot…

A. The authority may enter into a water banking services agreement under which the authority will loan long-term storage credits to a person or an Indian community in this state if all of the following apply: 1. The person or Indian community could have legally obtained the water…

A. The authority may negotiate and enter into interstate water banking agreements with appropriately authorized agencies in California and Nevada, if all of the following apply: 1. The provisions of section 45-2427, subsection C have been met. 2. The director and at least two oth…

A. The authority may distribute long-term storage credits accrued through the use of monies paid by California and Nevada agencies pursuant to interstate banking agreements to CAWCD or other users of Colorado river water in this state, if both of the following apply: 1. CAWCD or …

(Conditionally Rpld.) A. For each year during which the Arizona water banking authority is owed or receives monies pursuant to an interstate water banking agreement with the state of Nevada, or any agency or political subdivision of the state of Nevada, including the southern Nev…

1. Store water at permitted recharge facilities for the purpose of Indian firming. 2. Purchase long-term storage credits for the purpose of Indian firming using the funding sources identified in subsection B of this section but only after the authority has stored or scheduled for…

1. "Central protection zone" means the central protection zone established under section 45-2602. 2. "Community" means the Gila river Indian community, a government composed of members of the Pima tribe and the Maricopa tribe and organized under section 16 of the act of June 18, …

1. The eastern protection zone north. 2. The eastern protection zone south. 3. The western municipal and industrial protection zone. 4. The western municipal protection zone. 5. The central protection zone. B. The boundaries of the southside protection zones established under sub…

B. The Gila river maintenance area impact zone is established on the effective date of this section. The boundaries of the Gila river maintenance area impact zone are shown on the map that is dated July, 2002 and that is on file in the department. C. If a proposed well will withd…

[Repealed or reserved.]

B. Subsection A of this section does not apply to any of the following: 1. The transportation of underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use in an annual amount that does not exceed the highest annual…

1. "Authority" means the Arizona water banking authority established by section 45-2421 or its successor. 2. "Community's account" means the account established for the community in the southside replenishment bank pursuant to section 45-2624. 3. "Industrial acre" means the acre …

A. No later than October 1 of each calendar year after 2007, the director shall calculate the southside replenishment obligations for the preceding calendar year and notify the authority of the amount of the obligations. B. The director shall calculate the southside replenishment…

A. The authority shall satisfy the southside replenishment obligations for a particular year no later than June 1 of the third calendar year following that year, except that the authority shall satisfy the irrigation replenishment obligations described in section 45-2622, subsect…

A. The southside replenishment bank is established as a separate bank in the records of the authority. The authority shall establish an account in the southside replenishment bank for the community. B. Beginning with the first calendar year in which this section becomes effective…

If a person transporting underground water or stored water away from an eastern protection zone or a western protection zone for a nonirrigation use elects to replenish the underground water or stored water so that the transportation qualifies as an authorized transportation unde…

A. If there is a municipal and industrial replenishment obligation for the eastern protection zone north for any year, as calculated under section 45-2622, subsection B, any person who withdraws underground water or stored water from within that protection zone during the year fo…

A. Beginning on the effective date of this section, a person shall not construct a new dam or enlarge an existing dam within the Gila river maintenance area, and the director shall not issue a permit under chapter 6 of this title to construct a new dam or enlarge an existing dam …

A. Except as provided in subsection B of this section, a person shall not use water withdrawn or diverted within the Gila river maintenance area impact zone to irrigate land within the Gila river maintenance area unless the land was irrigated with water from any source at any tim…

A. The director or the director's authorized representative may enter, at reasonable times, private or public property and the owner, manager or occupant of the property shall permit the entry to ascertain compliance with this chapter. B. Inspections and investigations under subs…

A. If the director has reason to believe that a person is violating or has violated this chapter or an order issued pursuant to this chapter, the director may give the person written notice that the person may appear and show cause at an administrative hearing in the county in wh…

A. A person who is determined pursuant to section 45-2652 to be in violation of this chapter or an order issued pursuant to this chapter may be assessed a civil penalty in an amount not exceeding one thousand dollars per day of violation. B. An action to recover penalties under t…

[Repealed or reserved.]

1. "Exempt well" means a well that qualifies as an exempt well under section 45-454 in effect on January 1, 2005. 2. "Nation" means the Tohono O'odham nation organized under a constitution approved in accordance with section 16 of the act of June 18, 1934 (25 United States Code s…

The superior court that has jurisdiction over the general adjudication of all rights to use water in the Gila river system and source has jurisdiction over all civil actions relating to the interpretation and enforcement of all of the following: 1. Title III of the Arizona water …

A. Except as provided in subsections B and E of this section, in the Tucson active management area, on receipt of an application to drill a new nonexempt well, including a notice of intention to drill a new nonexempt well under section 45-596, the director shall conduct a hydrolo…

A. Before making a decision on an application described in section 45-2711, subsection B, the director shall mail written notice of the application to the nation, including a copy of the application, and provide the nation an opportunity to object to the application in the manner…

The public policy of this state and the general purposes of this chapter are to: 1. Protect the general economy and welfare of this state by encouraging the use of renewable water supplies, particularly this state's entitlement to Colorado river water, instead of groundwater thro…

Unless the context otherwise requires, the terms defined in section 45-402 have the same meanings in this chapter and: 1. "Aquifer" means a geologic formation that contains sufficient saturated material to be capable of storing water and transmitting water in usable quantities to…

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, invalidity, nature, legal character, extent or relative priority of a water right or source of water is not binding…

A. A person may apply to the director for a constructed underground storage facility permit or a managed underground storage facility permit and may operate an underground storage facility only pursuant to a permit. B. A person applying to the director for a managed underground s…

A. A person may apply to the director for a groundwater savings facility permit and may operate a groundwater savings facility only pursuant to a permit. B. The director may issue a permit to operate a groundwater savings facility if the director determines that all of the follow…

If any storage facility is to be located within a city or town, the director may consider for purposes of issuing the storage facility permit any land use ordinance provision addressing public health and safety and the aesthetics otherwise governing the use of land where that fac…

A. A storage facility project permit shall include the following information: 1. The name and mailing address of the person to whom the permit is issued. 2. The name of the active management area, irrigation non-expansion area, groundwater basin or groundwater sub-basin, as appli…

The following shall not be permitted as underground storage facilities: 1. A body of water, as defined by section 45-131, unless it has been designed, constructed or altered so that water storage is a principal purpose of the body of water. 2. Aqueducts, irrigation canals and oth…

A. A person may apply to the director for a water storage permit and may store water at a storage facility only pursuant to a water storage permit. B. The director may issue a water storage permit to store water at a storage facility if the director determines that all of the fol…

A. Water that has been stored pursuant to a water storage permit may be used or exchanged only in the manner in which it was permissible to use or exchange the water before it was stored. B. Water that has been stored pursuant to a water storage permit may be used only in the loc…

A. At the request of the applicant, the director may designate a water storage permit as storing nonrecoverable water. If the water storage occurs within an active management area, the water storage permit may be designated in this manner only if the storage is consistent with th…

A. A person who holds long-term storage credits or who may recover water on an annual basis may recover the water stored pursuant to a water storage permit only: 1. If the person seeking to recover stored water has applied for and received a recovery well permit under this articl…

A person may apply to the director for a storage facility permit, a water storage permit to store water at the storage facility and a recovery well permit to recover the water stored at the storage facility at the same time and the director shall process the applications for the …

A. In an active management area, if a city, town or private water company operates a constructed underground storage facility and stores water at a constructed underground storage facility pursuant to a permit issued under this chapter, any portion of the area of impact of the st…

A. To further the implementation of Indian water rights settlements in this state, an Indian community may accrue long-term storage credits as prescribed by this section. B. This section applies only to the settlement of a water rights claim by a federally recognized Indian commu…

A. Except as provided in subsections B, E and F of this section, a storer may recover the recoverable amount of water stored after January 1 of a calendar year on or before December 31 of the same calendar year. B. If water is stored pursuant to a water storage permit and its use…

A. The director shall establish one long-term storage account for each person holding long-term storage credits. The director shall establish subaccounts within the long-term storage account according to each active management area, irrigation non-expansion area, groundwater basi…

A. If the director has included an amount of long-term storage credits under section 45-855.01: 1. In determining whether to issue a certificate of assured water supply to the holder of the long-term storage credits, that amount of long-term storage credits shall be recovered onl…

A. Except as provided in section 45-855.01, subsection C, the holder of long-term storage credits may assign by grant, gift, sale, lease or exchange all or part of the holder's long-term storage credits. B. Except as provided in subsection C of this section, an assignment of long…

A. In an active management area, except as provided in section 45-853.01, subsection C, and on the request of a person who holds long-term storage credits, the director shall include the amount of long-term storage credits requested by the person in determining whether to issue a…