|
|
Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
Arizona Revised Statutes - Title 45 Waters - Chapter 1 Administration and General ProvisionsIn this title, unless the context otherwise requires: 1. "Appropriator" means the person or persons initiating or perfecting the right to use appropriable water based... A. There is established a department of water resources. B. There shall be a director of the department who shall be responsible for the direction,... A. The department, through the director, succeeds to the authority, powers, duties and responsibilities of the Arizona water commission and the state water engineer relating... A. The director may establish and organize divisions within the department and otherwise organize the department in the manner the director deems necessary to make... A. The director may: 1. Formulate plans and develop programs for the practical and economical development, management, conservation and use of surface water, groundwater and... An agreement entered into between the director and the United States or a state or government involving a sovereign right or claim of this state... A. The director is authorized, for and on behalf of the state of Arizona, to consult, advise and cooperate with the secretary of the interior... Before the beginning of each accounting year on the Colorado river, the director may consider a request by the secretary of the interior or the... A. In areas outside of active management areas established pursuant to chapter 2, article 2 of this title, the developer of a proposed subdivision including... A. On receipt of an application for a water report or an application by a city, town or private water company to be designated as... A. If the director determines pursuant to section 45-108 that an adequate water supply does not exist for a proposed subdivision and the proposed subdivision... A. If a proposed subdivision is located in a city, town or county that requires an adequate water supply determination by the director as a... For the purposes of section 45-108, if the upper San Pedro water district is established under title 48, chapter 37 for proposed uses in the... The director shall post and maintain on the department's website definitions of the following subdivision water supply terms that apply to areas outside of active... A. On or after January 1, 2009, at the request of any person, all cities, towns and private water companies outside of an active management... A. The director shall divide the state into water districts with reference to drainage watersheds in order to secure the best protection to claimants to... A. The superintendent of each water district shall: 1. Divide the water of the sources of supply of his district among the several ditches and... On or before July 1 each year the director shall render to the governor and the legislature a full and true report of the department's... A. A person is guilty of a class 2 misdemeanor who: 1. Knowingly and without authority opens, closes, changes or interferes with a lawfully established... A. Except as otherwise prescribed, the director shall establish by rule and shall collect reasonable fees to cover the costs of administrative services and expenses.... A. Administrative proceedings under this title are subject to title 41, chapter 6, article 10, except for administrative proceedings under section 45-476.01. If an administrative... A. The department of water resources production and copying fund is established consisting of monies paid to the department for publications produced by the department... A. The department of water resources publication and mailing fund is established consisting of monies paid to the department for the publication and mailing of... A. The water resources fund is established to be maintained in perpetuity consisting of: 1. Except as provided in section 45-113, subsection F, monies received... Notwithstanding any other law, the director of the department may assess and collect a fee from each municipality in this state. The fee shall be... In this article, unless the context otherwise requires: 1. "Body of water" means a body of water in an active management area established under chapter... A. Except as provided in subsection B of this section, in an active management area established under chapter 2 of this title, a person shall... A. A person otherwise subject to the prohibitions of section 45-132 may use groundwater withdrawn pursuant to a type 1 or type 2 non-irrigation grandfathered... A. The director may issue a temporary, emergency permit authorizing the use of surface water or groundwater in a body of water that is exempt... A. The director or the director's authorized representative may enter at reasonable times on private or public property where a body of water is located,... A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated... A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article, a permit or order issued... A person who claims in a hearing held pursuant to section 45-136 or in a civil action that he is not violating or has not... A. Unless otherwise specified, a person who knowingly violates or refuses to comply with any provision of this article, a permit or order issued pursuant... A person who, after December 31, 1986, begins the physical on-site construction of a body of water located in a subdivision as defined in section... Nothing in this article shall be construed to determine the legal status of effluent. A. The waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, flood,... A. Any person, the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation,... A. Any person, including the United States, the state or a municipality, intending to acquire the right to the beneficial use of water, shall make... A. The director shall approve applications made in proper form for the appropriation of water for a beneficial use, but when the application or the... Upon receipt of the application, the director shall endorse on the application the date of its receipt and keep a record of applications received. If... A. Before approving or rejecting the application, the director may require additional information to enable it to protect properly the public interest and may, on... A. An application for appropriation of waters of a stream within the state for generating electric energy in excess of twenty-five thousand horsepower, or an... A. As between two or more pending conflicting applications for the use of water from a given water supply, when the capacity of the supply... The approval or rejection of an application for the appropriation of water shall be endorsed on the application, a record of the action kept by... An applicant accepts a permit to appropriate water upon the condition that no value in excess of the amount paid to the state shall be... Actual construction, except under applications by a city or town for municipal uses, shall begin within two years after approval of the application, and shall... A. Applications for reservoir permits shall be governed by this article, except that the lands proposed to be irrigated from the works need not be... A. When it appears to the satisfaction of the director that an appropriation has been perfected and a beneficial use completed in accordance with the... Applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this... A. The director shall establish and maintain a registry of applications, permits and certificates of water right filed or issued pursuant to this chapter and... Except as provided by article 11 of this chapter, an application for appropriation of water shall not be denied because the point of diversion of... A. The consumptive use of up to thirty-four thousand one hundred acre feet of water per year chargeable to the water apportioned to the state... Nothing in this chapter shall impair vested rights to the use of water, affect relative priorities to the use of water determined by a judgment... A. A water right may be severed from the land to which it is appurtenant or from the site of its use if for other... A. Although the waters which naturally flow in the natural channel of a stream have been previously appropriated and put to beneficial use by others,... When the owner of a reservoir desires to use the bed of a stream or other watercourse for the purpose of carrying water from the... During years when a scarcity of water exists, owners of lands shall have preference to the water for irrigation according to the dates of their... (Rpld. 1/1/20) A water right may be severed from the land to which it is appurtenant or from the site of its use if for... In this article, unless the context otherwise requires: 1. "Beneficial use" includes but is not limited to use for domestic, municipal, recreation, wildlife, including fish,... A. Except as provided by subsections B and E of this section, all persons who before the effective date of this amendment to this section... A. The statement of claim for each water right shall include the following: 1. The name and mailing address of the person filing the claim.... Any person who is claiming the right to divert or withdraw public waters of the state based on state law and who fails to file... A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use... All claims set forth pursuant to this article shall be filed in a water rights claims registry in such a manner as deemed appropriate by... Beginning on May 21, 1974, no rights to the use of public waters of the state may be acquired by adverse use or adverse possession... A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation initiated on or after June 12, 1919... A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion of... The filing of a statement of claim pursuant to this article which knowingly provides for an overstatement of a right either in quantities of water... An owner of arable and irrigable lands may construct public or private canals for carrying water and, when the canal necessarily runs through the lands... A fence may be opened without consent of the owner in order to repair a public water ditch when it is necessary to use a... A. The owner of a ditch or canal shall maintain at the point where the water is diverted a substantial head gate so constructed that... A person owning or controlling a canal, flume or other means for carrying water from a stream or water supply to lands for irrigation of... A. When a person owning or controlling a canal, flume or other means for carrying water permits them, or the head gates at the dam... A. A person owning an interest in common with another person in a lateral ditch constructed and used for irrigating, mining, milling or other useful... In this article, unless the context otherwise requires: 1. "Domestic use" means a single appropriative water right serving a residence, or multiple residences up to... A. One or more water users upon a river system and source, the water rights of which have not been previously adjudicated under this article... A. Personal service of the summons and petition shall not be required. The court shall order that: 1. The clerk of the court issue the... A. Each potential claimant who is served shall present in writing the particulars of his claim on the court-approved statement of claimant form and shall... A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil procedure... A. The court or the master shall request technical assistance from the director in all aspects of the general adjudication with respect to which the... A. The master shall: 1. After due notice, conduct such hearings and take such testimony as shall be necessary to determine the relative water rights... A. A stockpond with an applicable prior filing or decree and with a claimed capacity of fifteen acre-feet or less set forth in the filing... The general adjudication is governed in all respects by the Arizona rules of evidence, the Arizona rules of civil procedure and any other procedural rules... A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253, subsection... A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned, the director, the... Contributions of surface water by an appropriator to an Indian water rights settlement shall not diminish the appropriator's decreed water right pursuant to section 45-257... A. State law, including all defenses available under state law, applies to the adjudication of all water rights initiated or perfected pursuant to state law.... A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall consist... In this article, unless the context otherwise requires, "stockpond" means a pond having a capacity of not more than fifteen acre feet that is used... A. The owner of any stockpond constructed after June 12, 1919 and prior to August 27, 1977, the capacity of which is not in excess... A. A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and... A. The director shall issue and deliver a notice of each claim to water users who, in the judgment of the director, might be affected... A. Upon receipt of a claim, the director shall conduct such investigation as in the director's judgment is necessary to certify the water right. Such... A. Once every five years, and at such other times as the director deems appropriate, the director shall require certificate holders to furnish a statement,... In this article, unless the context otherwise requires, "person" means an individual, public or private corporation, company, partnership, firm, association, society, estate, trust, any other... A. A person may withdraw, or divert, and transport water from this state for a reasonable and beneficial use in another state if approved by... A. The director shall monitor compliance with the terms and conditions prescribed for transporting and using the water out of this state and shall revoke... Nothing in this article is intended to prescribe nor shall it be interpreted to prescribe the terms, conditions or rules for the transportation of water... In this article, unless the context otherwise requires: 1. "Commercial, industrial and public construction" means buildings used for commercial, industrial or public purposes, including restaurants,... Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any plumbing... Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any plumbing... Every effort shall be made to install water free urinals in all new state buildings constructed after the effective date of this section that constitute... A. Before sale by any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state, each plumbing... A. If a water conserving plumbing fixture required by this article is unavailable from any reasonable source for a period of more than thirty days,... A. A person who knowingly violates any provision of this article is subject to a civil penalty of not more than one hundred dollars for... The director or the director's authorized representative shall, during normal business hours, have access to places where distributors or retailers sell, store or maintain plumbing... A. If the director, or a local official designated pursuant to section 9-500.08 or 11-251.09, has reason to believe that a person is violating or... A. The requirements of this article do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler, retailer... The director may adopt any rules that are deemed necessary to carry out the purposes of this article. The director may adopt, by rule, lists... In this article, unless the context otherwise requires: 1. "Consumptive use" means, for any water user for any program year, the consumptive use as recorded... On behalf of the department, the director may enter into one or more agreements with a multi-county water conservation district and other parties for participation... A. The director may assess and collect annual Colorado river water use fees from each person who diverts and consumptively uses water in this state... A. In setting colorado river water use fees under this article: 1. Not later than July 1 of each year, the director shall set the... A. If the director assesses a fee pursuant to this article in any year, a person to whom the fee is assessed must pay the... In this article, unless the context otherwise requires: 1. "Community water system" means a public water system that serves at least fifteen service connections used... A. Except as provided in subsections D and E of this section, by the dates specified in subsections B or C of this section, each... A. Each community water system that is required to file an annual report under this section and that uses meters to measure water withdrawals and... Last modified: February 20, 2012 |
|