Sec 45-2602. Establishment of southside protection zones; reporting requirements  


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  • A. The following southside protection zones are established on the effective date of this section:

    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 subsection A are shown on the maps that are dated March 25, 2002 and that are on file in the department. The maps shall be available for examination by the public during regular business hours.

    C. Each person in the Pinal active management area who withdraws underground water during a calendar year in a southside protection zone established under this section, other than the central protection zone, shall file an annual report with the director no later than March 31 of each year for the preceding calendar year. The report shall contain the following information in addition to any other information required by section 45-632:

    1. The amount of underground water withdrawn within the southside protection zone and the name of the protection zone.

    2. If the underground water was used for a nonirrigation use, the purpose for which the underground water was used, the location of the use, the acreage of the parcel or parcels of land on which the underground water was used and the date the use commenced.

    3. The amount of any water replenished during the year pursuant to section 45-2611, subsection B, paragraph 2, the water use for which the water was replenished and the manner in which the water was replenished.

    4. The amount of any water replaced during the year pursuant to section 45-2611, subsection B, paragraph 3, the water use for which the water was replaced and the manner in which the water was replaced.

    D. A person who is required to file an annual report for a year under subsection C of this section:

    1. Shall use a water measuring device approved by the director unless exempt under section 45-604.

    2. Shall maintain current accurate records of the person's withdrawals, transportation, deliveries and use of underground water as prescribed by the director.

    3. May combine the report with an annual report for the same year filed under section 45-632.

    4. Shall comply with the requirements prescribed in section 45-632, subsections N, O and P and is subject to the penalties prescribed in section 45-632, subsection O as if the report was required by section 45-632.

    E. A person who withdraws underground water from an exempt well is exempt from the record keeping and reporting requirements of subsections C and D of this section. For the purposes of this subsection, "exempt well" means a well that has a pump with a maximum capacity of not more than thirty-five gallons per minute, that is used to withdraw underground water and that would qualify as an exempt well under section 45-454 if used to withdraw groundwater.

    F. If stored water is withdrawn in the Pinal active management area in a southside protection zone established under this section, other than the central protection zone, the annual report filed under section 45-875.01, subsection D shall include:

    1. The amount of stored water withdrawn within the southside protection zone and the name of the protection zone.

    2. If the stored water was used for a nonirrigation use, the purpose for which the water was used, the acreage of the parcel or parcels of land on which the water was used, the location of the use and the date the use commenced.

    3. The identification of the storage facility in which the water was stored.

    4. The amount of any water replenished during the year pursuant to section 45-2611, subsection B, paragraph 2, the water use for which the water was replenished and the manner in which the water was replenished.

    5. The amount of any water replaced during the year pursuant to section 45-2611, subsection B, paragraph 3, the water use for which the water was replaced and the manner in which the water was replaced.