Sec 45-2631. Construction or enlargement of new dams within maintenance area; prohibited; exceptions

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 within the Gila river maintenance area.

B. This section does not apply to:

1. The construction or enlargement of any of the following:

(a) Flood control structures.

(b) Structures for impounding mine tailings.

(c) Impoundments within hardrock mines or industrial facilities, or both, for environmental control or process management purposes.

(d) Impoundments for diverting surface water flows around hardrock mines or industrial facilities, or both.

(e) Groundwater impoundments.

(f) Effluent impoundments.

(g) Stockponds.

(h) Impoundments that may be constructed to store water otherwise authorized to be used by a party to the settlement agreement.

(i) Dams used to divert or store water that is decreed water under the globe equity decree.

2. The construction of a dam that replaces a dam in existence within the Gila river maintenance area on the effective date of this section if the replacement dam is in close proximity to the original dam and the designed storage capacity of the replacement dam does not exceed the designed storage capacity of the original dam.

3. The enlargement of a dam within the Gila river maintenance area if the enlargement does not increase the designed storage capacity of the dam.

4. The modification or repair of a dam within the Gila river maintenance area as necessary to comply with the dam safety requirements in chapter 6 of this title and any rules adopted by the director under that chapter, if the modification or repair does not increase the designed storage capacity of the dam. For the purposes of this paragraph, "modification or repair of a dam" includes the desilting, lining or rehabilitation of a dam.

C. The director shall not approve an application under section 45-1207 for construction or enlargement of a dam in the Gila river maintenance area established under section 45-2603 if the applicant is prohibited from constructing or enlarging the dam, as applicable, under this section.

D. Any violations of this article are subject to enforcement under article 6 of this chapter on the effective date of article 6 of this chapter, and such enforcement may include injunctive relief that requires removal of any structures constructed in violation of this article. Any delay between the date of the alleged violation of this article and the date of any enforcement action pursuant to article 6 of this chapter shall not be a factor in determining whether to issue an injunction pursuant to article 6 of this chapter.