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Arizona Revised Statutes (Last Updated: March 31, 2016) |
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Title 45. Waters |
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Chapter 2. GROUNDWATER CODE |
| Article 1. Administration |
| Sec 45-401. Declaration of policy |
| Sec 45-402. Definitions |
| Sec 45-403. Designation of groundwater basins and sub-basins; hearing |
| Sec 45-404. Findings on hearing; maps; order for boundaries of groundwater basin; review and modification of boundaries |
| Sec 45-405. Judicial review of decisions of the director; assignment of actions for judicial review |
| Sec 45-406. Designation of judges; publication of designated judges |
| Sec 45-407. Stay of director's decision; precedence of actions for judicial review; review by the court of appeals |
| Article 2. Active Management Areas |
| Sec 45-411. Initial active management areas; maps |
| Sec 45-411.02. Modification of boundaries of Tucson active management area; map |
| Sec 45-411.03. Santa Cruz active management area; map |
| Sec 45-411.04. Declaration of policy and intent; Santa Cruz active management area |
| Sec 45-412. Subsequent active management areas; criteria; review of groundwater basins not subject to active management |
| Sec 45-413. Hearing on designation of subsequent active management areas and boundaries; notice; procedures |
| Sec 45-414. Findings upon hearing; order for active management area; publication |
| Sec 45-415. Local initiation for active management area; procedures |
| Sec 45-416. Limitation on number of irrigated acres |
| Sec 45-417. Review and modification of boundaries of subsequent active management area |
| Sec 45-418. Area director; appointment; qualifications; compensation |
| Sec 45-419. Duties of area director |
| Sec 45-420. Groundwater users advisory councils; appointment; representation of water users; term; compensation |
| Sec 45-421. Administrative duties of the groundwater users advisory councils |
| Article 3. Irrigation Non-Expansion Areas |
| Sec 45-431. Initial irrigation non-expansion areas |
| Sec 45-432. Subsequent irrigation non-expansion areas; designation; review |
| Sec 45-433. Local initiation for designation; procedures |
| Sec 45-434. Limitation on number of irrigated acres |
| Sec 45-435. Hearing on designation of subsequent irrigation non-expansion areas and boundaries; notice; procedures |
| Sec 45-436. Findings upon hearing; order for irrigation non-expansion area; publication |
| Sec 45-437. Irrigated acreage; water measuring device; annual report of groundwater pumping; penalty; transportation; exemption |
| Sec 45-437.01. Substitution of irrigated acreage in an irrigation district; central Arizona project water |
| Sec 45-437.02. Flood damaged acres; substitution of acres; definitions |
| Sec 45-437.03. Impediments to efficient irrigation; substitution of acres; definitions |
| Sec 45-438. Review and modification of boundaries of irrigation non-expansion areas |
| Sec 45-439. Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures |
| Sec 45-440. Subsequent irrigation non-expansion area; limitation on use of groundwater |
| Article 4. Groundwater Rights and Uses in General |
| Sec 45-451. Groundwater rights and uses in active management areas |
| Sec 45-452. No new irrigated acreage in active management areas; central Arizona project water; exemption |
| Sec 45-453. Groundwater rights and uses in areas outside active management areas; amounts; transportation; irrigation non-expansion areas |
| Sec 45-454. Exemption of small non-irrigation wells; definitions |
| Sec 45-454.01. Exemption of superfund remedial action activities; use requirements; definition |
| Sec 45-455. Application to state lands |
| Article 5. Grandfathered Groundwater Rights in Active Management Areas |
| Sec 45-461. Definitions |
| Sec 45-462. Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use |
| Sec 45-463. Type 1 non-irrigation grandfathered right associated with retired irrigated land; appurtenancy; ownership |
| Sec 45-464. Type 2 non-irrigation grandfathered right not associated with retired irrigated land; determination of amount; definition; ownership |
| Sec 45-465. Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy |
| Sec 45-465.01. Flood damaged acres; substitution of acres; definition |
| Sec 45-465.02. Impediments to efficient irrigation; substitution of acres; definitions |
| Sec 45-465.03. Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions |
| Sec 45-466. Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty |
| Sec 45-467. Withdrawals in excess of irrigation grandfathered right; withdrawals less than irrigation grandfathered right; flexibility account; conveyances; variance; exemption |
| Sec 45-468. Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses |
| Sec 45-470. Use of type 1 non-irrigation grandfathered right by original owner; definition |
| Sec 45-471. Use of type 2 non-irrigation grandfathered right by owner |
| Sec 45-473. Conveyance of type 1 non-irrigation grandfathered right; use by new owner; appurtenancy; within service area; outside service area; definition |
| Sec 45-473.01. Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473 |
| Sec 45-474. Conveyance of type 2 non-irrigation grandfathered right; amount |
| Sec 45-475. Determination of exterior boundaries of service area for purposes of conveyances |
| Sec 45-476. Application for certificate of grandfathered right |
| Sec 45-476.01. Late applications for certificates of grandfathered rights; definition |
| Sec 45-477. Right to withdraw, receive or use groundwater in an initial active management area |
| Sec 45-477.01. Waiver and relinquishment of grandfathered rights in a subsequent active management area |
| Sec 45-478. Notice of requirement to apply for certificate of grandfathered right |
| Sec 45-479. Registry of applications; written objections; request for hearing |
| Sec 45-480. Review of applications; investigations; hearings; final determination; judicial review |
| Sec 45-481. Issuance of certificates; contents; recordation |
| Sec 45-482. Registry of certificates of grandfathered right; reporting; definition |
| Sec 45-483. Designation of protected farmland; notice; revocation of designation; irrigation water duty; assured water supply credit for extinguishment of irrigation grandfathered right prohibited |
| Article 6. Groundwater Rights and Uses Within Service Areas |
| Sec 45-491. Scope of article |
| Sec 45-492. Withdrawals by cities, towns and private water companies within service areas; contract to supply groundwater |
| Sec 45-493. Limitations on extensions of service areas; prohibition on formation of private water company for irrigation purpose; prohibition on service without payment of tax |
| Sec 45-494. Withdrawals by irrigation districts in initial active management areas |
| Sec 45-494.01. Addition and exclusion of area by irrigation districts in initial active management areas |
| Sec 45-495. Withdrawals and transportations by irrigation districts within subsequent active management areas |
| Sec 45-496. Applicability of general transportation provisions and conservation requirements |
| Sec 45-497. Withdrawal of groundwater by irrigation districts for municipal or industrial purposes |
| Sec 45-498. Maps of service areas |
| Article 7. Groundwater Withdrawal Permits |
| Sec 45-511. Definitions |
| Sec 45-512. Categories of groundwater withdrawal permits |
| Sec 45-513. Dewatering permit; definition; priorities for use of groundwater; conditions on director; duration of permit |
| Sec 45-514. Mineral extraction and metallurgical processing permit; conditions for issuance; duration of permit |
| Sec 45-515. General industrial use permits; conditions for issuance; duration of permit |
| Sec 45-516. Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit |
| Sec 45-517. Temporary permit for electrical energy generation; conditions for issuance |
| Sec 45-518. Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance |
| Sec 45-519. Drainage water withdrawal permit; conditions for issuance |
| Sec 45-519.01. Hydrologic testing permits; conditions for issuance |
| Sec 45-520. Point of withdrawal; location of use; conveyance |
| Sec 45-521. Permit application form; filing; contents |
| Sec 45-522. Correction of application |
| Sec 45-523. Notice; objections; hearing |
| Sec 45-524. Approval or rejection of permit application |
| Sec 45-525. Registry of permits; reporting |
| Sec 45-526. Appeals |
| Sec 45-527. Modification of permit |
| Sec 45-528. Revocation of permits |
| Article 8. Transportation of Groundwater |
| Sec 45-541. Transportation within a sub-basin |
| Sec 45-542. Transportation between sub-basins or away from an active management area; irrigation grandfathered right; type 1 non-irrigation grandfathered right |
| Sec 45-545. Damage rules applicable to all transportations of groundwater |
| Sec 45-546. Weed and dust control |
| Sec 45-547. Transportation of groundwater withdrawn in the Yuma basin; permit |
| Article 8.1. Withdrawals of Groundwater for Transportation to Active Management Area |
| Sec 45-551. Application of article; limitation on transportation to active management areas; definition |
| Sec 45-552. Transportation of groundwater withdrawn in McMullen valley basin to an active management area; definitions |
| Sec 45-553. Transportation of groundwater withdrawn in Butler Valley groundwater basin to an initial active management area |
| Sec 45-554. Transportation of groundwater withdrawn in Harquahala irrigation non-expansion area to an initial active management area |
| Sec 45-555. Transportation of groundwater withdrawn in Big Chino sub-basin of the Verde River groundwater basin to initial active management area; exception |
| Sec 45-556. Transportation fee; annual adjustment; credits; enforcement |
| Sec 45-557. Requirements for transporting groundwater to an initial active management area; exception |
| Sec 45-558. Weeds and dust |
| Sec 45-559. Well spacing requirements for withdrawing groundwater for transportation to an active management area |
| Article 9. Management |
| Sec 45-561. Definitions |
| Sec 45-562. Management goals for active management areas |
| Sec 45-563. Management plans in active management areas; management periods; general provisions |
| Sec 45-563.01. Water conservation report; per capita use; non-per capita conservation programs |
| Sec 45-563.02. Exemption from irrigation water duties; small irrigation grandfathered rights; criteria; conservation requirement; exception |
| Sec 45-564. Management plan for first management period; guidelines |
| Sec 45-565. Management plan for second management period; guidelines |
| Sec 45-565.01. Non-per capita conservation program for municipal providers; second management period |
| Sec 45-566. Management plan for third management period; guidelines |
| Sec 45-566.01. Non-per capita conservation program for municipal providers; third management period |
| Sec 45-566.02. Alternative conservation programs for agriculture; third management period |
| Sec 45-567. Management plan for fourth management period; guidelines |
| Sec 45-567.01. Non-per capita conservation program for municipal providers; fourth management period |
| Sec 45-567.02. Alternative conservation programs for agriculture; fourth management period |
| Sec 45-568. Management plan for fifth management period; guidelines |
| Sec 45-568.01. Non-per capita conservation program for municipal providers; fifth management period |
| Sec 45-568.02. Alternative conservation programs for agriculture; fifth management period |
| Sec 45-569. Management goals and management plans for subsequent active management areas |
| Sec 45-570. Hearing on management plans; notice; procedures |
| Sec 45-571. Findings upon hearing; order for adoption of management plan; publication |
| Sec 45-571.01. Notification to persons filing late applications for certificates of grandfathered rights and to persons with new groundwater rights or uses; compliance; variance; review |
| Sec 45-571.02. Municipal conservation requirements; compliance |
| Sec 45-572. Modification of conservation program; notice |
| Sec 45-573. Water quality considerations; consultation with department of environmental quality |
| Sec 45-574. Variances; application; notice; hearing; issuance |
| Sec 45-575. Administrative review of irrigation water duty and conservation requirements |
| Sec 45-576. Certificate of assured water supply; designated cities, towns and private water companies; exemptions; definition |
| Sec 45-576.01. Determining consistency with management goal in a replenishment district, conservation district and water district |
| Sec 45-576.02. Replenishment district plans, conservation district plans and water district plans |
| Sec 45-576.03. Director's review of plans |
| Sec 45-576.04. Report and review of plans by groundwater replenishment district |
| Sec 45-576.05. Alternative method for determining consistency with the management goal in a groundwater replenishment district; terminating designation |
| Sec 45-576.06. Termination of designation for members of conservation district or members of water district; moratorium on adding new member lands and member service areas |
| Sec 45-576.07. Determining water sufficiency and availability; water availability status capability plans |
| Sec 45-577. Application; hydrological study; review of application |
| Sec 45-578. Notice; objections; hearing; issuance of certificate; appeals |
| Sec 45-579. Assignment of certificate of assured water supply; definition |
| Sec 45-580. Assured and adequate water supply administration fund; purpose |
| Article 10. Wells |
| Sec 45-591. Definitions |
| Sec 45-591.01. Oil, gas, helium and geothermal wells; exemption |
| Sec 45-592. Wells in general |
| Sec 45-593. Registration of existing wells; permanent record of all wells; reporting open wells |
| Sec 45-594. Well construction standards; remedial measures |
| Sec 45-595. Well construction requirements; licensing of well drillers |
| Sec 45-596. Notice of intention to drill; fee |
| Sec 45-596.01. Additional information required with notice of intention to drill well to pump Colorado river water; exception |
| Sec 45-597. Deepening and replacement of wells in active management areas; filing of notice |
| Sec 45-598. New wells and replacement wells in new locations in active management areas; rules; permit required |
| Sec 45-599. Permit application; contents; correction of defective application; issuance of permit; fee |
| Sec 45-600. Filing of report by driller; filing of completion report |
| Sec 45-601. Operating rules for multiple wells |
| Sec 45-602. Capping of wells; waste |
| Sec 45-603. Criteria for rules and regulations |
| Sec 45-604. Water measuring devices |
| Sec 45-605. Well inspections; cross-contamination; remedial measures; definition |
| Sec 45-606. Well administration and enforcement fund; purpose |
| Article 11. Financial Provisions |
| Sec 45-611. Groundwater withdrawal fee; amounts and purposes of fee; exception |
| Sec 45-612. Administration and enforcement withdrawal fee; exemption from lapsing; disposition of excess monies |
| Sec 45-613. Use of withdrawal fees collected for augmentation and conservation and purchase and retirement of grandfathered rights |
| Sec 45-614. Setting groundwater withdrawal fee; statement entered in record; statement transmitted to state treasurer; notice; payment; penalty |
| Sec 45-615. Deposits; divisions of collections into funds |
| Sec 45-616. Water quality assurance fee; disposition of revenue |
| Sec 45-617. Augmentation and conservation assistance fund grants |
| Sec 45-618. Arizona water quality fund |
| Article 12. Enforcement |
| Sec 45-631. Definition |
| Sec 45-632. Records and annual report of groundwater pumping, transportation and use; penalty |
| Sec 45-633. Inspections, investigations and audits |
| Sec 45-634. Cease and desist order; temporary cease and desist order; hearing; injunctive relief |
| Sec 45-635. Violation; civil penalties |
| Sec 45-636. Violation; classification |
| Article 15. Certificate of Groundwater Oversupply |
| Sec 45-701. Definitions |
| Sec 45-702. Certificate of groundwater oversupply |
| Sec 45-703. Application for certificate of groundwater oversupply; fee |
| Sec 45-704. Notice of application; objections; hearing; approval or rejection |