Arizona Revised Statutes (Last Updated: March 31, 2016) |
Title 45. Waters |
Chapter 14. ARIZONA WATER BANKING AUTHORITY |
Article 3. Water Bank Planning and Implementation |
Sec 45-2456. Annual plan of operation
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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 department of water resources regarding where water storage would most contribute to fulfilling the water management objectives set forth in chapter 2 of this title.
3. The advice of CAWCD regarding the amount and location of water delivery and storage that is feasible.
4. The respective costs of storing water at available storage facilities.
5. The amount of storage allowed by water storage permits held by the authority.
6. The monies available from the banking fund.
7. The way in which water stored could be used by the authority to achieve the policy and purposes of this chapter.
8. The obligations of the authority under any water banking services agreement into which the authority has entered.
9. Any other factor the authority determines to be relevant.
C. The authority shall prepare a draft plan of operation each year. The authority shall solicit public comment on the draft plan of operation by presenting the draft plan of operation:
1. To the groundwater users advisory councils for the Tucson, Phoenix and Pinal active management areas. The presentation shall be made at publicly noticed open meetings of each advisory council at which members of the public shall be allowed to comment on the draft plan of operation.
2. If any water storage during the year is to occur outside of an active management area, to the county board of supervisors for each county in which the storage is to occur. The presentation shall be made at a publicly noticed open meeting of the county board of supervisors at which members of the public shall be allowed to comment on the draft plan of operation.
D. The authority may revise the draft plan of operation based on the public comment received.
E. An adopted plan of operation shall include all of the following:
1. A projection of expenditures for acquiring water.
2. A projection of the amount of water to be acquired each month by the authority.
3. A projection of the cost of delivering that water through the central Arizona project to a storage facility, including fees for the operation, maintenance, pumping energy and capital costs of the central Arizona project as established by CAWCD.
4. A projection of expenditures for water storage and long-term storage credits, including the funding sources to be used for those expenditures.
5. A projection of water storage permits to be obtained and a projection of with which storage facility permit each water storage permit will be affiliated.
6. A projection of the amount of water to be stored, accounted for by active management area, and if water storage will occur outside of an active management area, by groundwater basin or subbasin.
7. A projection of the amount of long-term storage credits to be purchased by the authority, accounted for by active management area.
8. A projection of long-term storage credits that will be distributed or extinguished, accounted for by location where the long-term storage credits were stored, the purpose for which the distribution or extinguishment will occur and the persons to whom the long-term storage credits will be distributed.
9. A projection of long-term storage credits that will be stored, loaned, replaced or distributed pursuant to any water banking services agreement into which the authority has entered.
10. Any other matter determined to be relevant by the authority.
F. The authority may modify an adopted plan of operation.
G. The authority shall operate in accordance with its adopted or modified plan of operation.