Sec 45-107.01. Waiver of rights to return flow credits

Before the beginning of each accounting year on the Colorado river, the director may consider a request by the secretary of the interior or the secretary's designated representative to waive rights held by this state to return flow credits for Colorado river water to the extent that water is returned to the Colorado river pursuant to a permit issued to the secretary under section 45-547. The director may grant the request on an annual basis, on behalf of this state, if all of the following apply:

1. The secretary holds a permit issued under section 45-547.

2. The secretary will use the water added to the Colorado river as a portion of the national obligation to provide replacement water for the specific purposes of replacement of the reject stream from the Yuma desalting plant, and of any Wellton-Mohawk drainage water bypassed to the Santa Clara slough to satisfy the requirements of minute 242 of the international boundary and water commission for the United States and Mexico that was concluded pursuant to the Mexican water treaty of February 3, 1944.

3. The secretary expressly agrees that the waiver granted on behalf of this state under this section does not in any way limit or impair the rights of this state to Colorado river water except for the specific quantity of water in the specific year for which the waiver is granted.

4. No person in Arizona has applied for and obtained a permit under section 45-547 that would allow the return flow credit to be fully used to increase the beneficial use of water in this state. If other permits have been issued under section 45-547 that would allow the return flow credit to be partially used to increase the beneficial use of water in this state, the director may grant the secretary the waiver for only that amount of the return flow credit that will not be used to increase the beneficial use of water in this state.

5. The director finds that granting the waiver will not impair the rights of this state or any holder in this state of a water delivery contract entered into pursuant to section 5 of the Boulder Canyon project act of 1928 (45 stat. 1060; 43 United States Code section 617d) to Colorado river water.