Chapter 1. ADMINISTRATION AND GENERAL PROVISIONS  


Article 1. Department of Water Resources
Sec 45-101. Definitions
Sec 45-102. Department of water resources; director; appointment; qualifications; compensation
Sec 45-103. Scope of authority and responsibility of department and director
Sec 45-104. Department organization; deputy directors; employees; legal counsel; branch offices; consultants
Sec 45-105. Powers and duties of director
Sec 45-106. Limitation of powers
Sec 45-107. Cooperation with the secretary of the interior of the United States
Sec 45-107.01. Waiver of rights to return flow credits
Sec 45-108. Evaluation of subdivision water supply; definition
Sec 45-108.01. Application for water report or designation of adequate water supply; notice; objections; hearing; appeals
Sec 45-108.02. Exemption from adequate water supply requirements for city, town or county based on substantial capital investment; application; criteria; expiration
Sec 45-108.03. Exemption from adequate water supply requirements for city, town or county based on an adequate water supply within twenty years; criteria; application
Sec 45-108.04. Definition of adequate water supply; upper San Pedro water district
Sec 45-108.05. Water supply definitions
Sec 45-108.06. Water provider water supply information; definitions
Sec 45-109. Division of state into water districts; district water superintendent
Sec 45-110. Duties of superintendent; injunctive relief of injured water user
Sec 45-111. Annual report by director
Sec 45-112. Violations; classification; enforcement
Sec 45-113. Fees; refunds
Sec 45-114. Administrative proceedings; rehearing or review; judicial review
Sec 45-115. Production and copying fund; use; account; nonreversion
Sec 45-116. Publication and mailing fund; use; account; nonreversion
Sec 45-117. Water resources fund; purpose; monies held in trust
Article 3. Bodies of Water
Sec 45-131. Definitions
Sec 45-132. Filling large bodies of water for landscape, scenic or recreational purposes prohibited; exceptions; preemption
Sec 45-133. Permit for interim water use; application; fee; surcharge on use of groundwater
Sec 45-134. Temporary emergency permit for use of surface water or groundwater in body of water
Sec 45-135. Inspections; investigations
Sec 45-136. Cease and desist order; temporary cease and desist order; hearings; injunctive relief
Sec 45-137. Civil penalties
Sec 45-138. Burden of proof
Sec 45-139. Violation; classification
Sec 45-139.01. Notice of source of water used to fill or refill body of water
Sec 45-139.02. Effect on legal status of effluent
Article 4. Public Nature and Use of Surface Water
Sec 45-141. Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture
Article 5. Appropriation of Water
Sec 45-151. Right of appropriation; permitted uses; water rights in stockponds; federal lands
Sec 45-152. Application for permit to appropriate water
Sec 45-152.01. Instream flow applications; process; definition
Sec 45-153. Criteria for approval or rejection of applications; restrictions on approval
Sec 45-154. Correction of defective application
Sec 45-155. Requiring additional information on application
Sec 45-156. Legislative authorization for appropriation of water to generate power; change in use
Sec 45-157. Relative value of uses
Sec 45-158. Effect of approval or rejection of application
Sec 45-159. Conditions of acceptance of permit
Sec 45-160. Limitation on time of completion of construction; exception
Sec 45-161. Applications for reservoir permits; secondary permits for water
Sec 45-162. Certificate of water right; time limitation on use of water for power purposes
Sec 45-163. Assignments
Sec 45-164. Registry; reporting
Sec 45-165. Application for interstate operations
Sec 45-166. Approval for appropriation of waters for generating electric energy
Article 6. Rights to Water
Sec 45-171. Effect of chapter on vested water rights
Sec 45-172. Transfer of water rights; application; limitations; required consent
Sec 45-173. Use of natural waterway to carry water of another or for other water projects; dispute over division of waters
Sec 45-174. Using bed of stream as carrier of reservoir waters
Sec 45-175. Chronological preference to water in times of scarcity
Sec 45-176. Transfer of water rights; water rights settlement; limitation; required consent
Article 7. Water Rights Registration
Sec 45-181. Definitions
Sec 45-182. Claim of right to withdraw, divert or use public waters; exception; administration by director of water resources
Sec 45-183. Contents of statement of claim; filing procedure; fee
Sec 45-184. Waiver and relinquishment of water right
Sec 45-185. Filing of claim not deemed adjudication of right; presumption; exemption
Sec 45-186. Water rights claims registry
Sec 45-187. No rights acquired by adverse use or adverse possession
Sec 45-188. Future rights acquired through appropriation; rights within service area of agricultural or municipal provider
Sec 45-189. Reversion of rights due to nonuse; notice; hearing; order; exception
Sec 45-190. Overstating claim; classification
Article 8. Reservoirs and Canals
Sec 45-201. Construction of canals; eminent domain
Sec 45-202. Opening fence without consent of owner; damages
Sec 45-203. Head gates; measuring devices required on canals and reservoirs
Sec 45-204. Prohibition on canal owner to contract to carry water in excess of capacity of canal
Sec 45-205. Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability
Sec 45-206. Widening and extending lateral ditches; definition
Article 9. General Adjudication of Water Rights
Sec 45-251. Definitions
Sec 45-252. General adjudication; representation; superior court; assignment to judge; petition
Sec 45-253. Service of summons; statement of claimant form; record
Sec 45-254. Statement of claimant; filing; information to be included; verification; failure to file; fees
Sec 45-255. Appointment of master; compensation
Sec 45-256. Technical assistance of director; report
Sec 45-257. Hearings; report of master; final judgment by court; administration and enforcement of decree
Sec 45-258. Summary adjudication of de minimis water uses
Sec 45-259. Rules governing general adjudications
Sec 45-260. General adjudication fund
Sec 45-261. Presumption in favor of prior filings and decrees
Sec 45-262. Settlement of Indian claims; effect
Sec 45-263. State law applicable; public trust inapplicable
Sec 45-264. Joint legislative adjudication monitoring committee
Article 10. Registration of Stockponds
Sec 45-271. Definition of stockpond
Sec 45-272. Water rights in stockponds; priority
Sec 45-273. Claim of water right; penalty; fee
Sec 45-274. Notice of claims; protest; grounds; contents
Sec 45-275. Investigation, hearing and certification of claims
Sec 45-276. Statement of continuing use; revocation of certification
Article 11. Exportation of Water From This State
Sec 45-291. Definition of person
Sec 45-292. Approval required to transport water out of state; application; fee; criteria; hearing
Sec 45-293. Compliance monitoring, reports and notices; jurisdiction
Sec 45-294. Limited nonapplicability
Article 12. Water Conservation Plumbing Requirements
Sec 45-311. Definitions
Sec 45-312. Prohibited plumbing fixtures; residential construction
Sec 45-313. Prohibited plumbing fixtures; commercial, industrial and public construction
Sec 45-313.01. Water free urinals; state buildings
Sec 45-314. Labeling fixtures; violation
Sec 45-315. Waiver of requirements; unavailability; health or safety requirements
Sec 45-316. Violation; civil penalties
Sec 45-317. Inspections
Sec 45-318. Cease and desist order; hearing; injunctive relief
Sec 45-319. Exception; preemption
Sec 45-320. Rules
Article 13. Colorado River Water Use Fee
Sec 45-331. Definitions
Sec 45-332. Cooperation in lower Colorado river multispecies conservation program
Sec 45-333. Colorado river water use fee; purpose
Sec 45-334. Setting Colorado river water use fee
Sec 45-335. Payment of fee; penalty for delinquency
Article 14. Community Water System Planning and Reporting Requirements
Sec 45-341. Definitions
Sec 45-342. System water plan; components; exceptions
Sec 45-343. Records and annual report of water use; penalty
Article 15. Watershed Improvement Program
Sec 45-351. Watershed improvement program; purpose; projects; funding
Sec 45-352. Program administration; rules; project criteria; report
Sec 45-353. Program termination