AZ Waters Statute
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The person initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest.
water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated; such water remains effluent until it acquires the characteristics of groundwater or surface water.
water under the surface of the earth regardless of the geologic structure in which it is standing or moving. Groundwater does not include water flowing in underground streams with ascertainable beds and banks
any stream constituting or flowing along the exterior boundaries of this state, and any tributary originating in another state or foreign country and flowing into or through this state.
a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water transportation, distribution, off-stream storage and collection systems.
any pipe or other enclosed conduit that carries, among other substances, any water-carried wastes from the human body from residences, commercial buildings, industrial plants or institutions
the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. For the purposes of administering this title, surface water is deemed to include central Arizona project water
Who appoints the directors of Department of Water Resources?
What does the director have general control of?
surface water, its appropriation and distribution, and of groundwater to the extent provided by this title, except distribution of water reserved to special officers appointed by courts under existing judgments or decrees.
Who must the director of waters consult, advise and cooperate with?
The secretary of the interior of the US
What is the purpose of the Boulder Canyon Project Act?
The purpose of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the US
Who may request a waiver of rights to return flow credits for Colorado river water?
The director may on behalf of the secretary of the interior (and only at the beginning of each accounting year)
Where may the secretary of the interior use the water as replacement water from the Colorado river?
national obligation to provide replacement water for the specific purposes of replacement of the reject stream from the Yuma desalting plant, and of any Wellton-Mohawk drainage water bypassed to the Santa Clara slough to satisfy the requirements of minute 242 of the international boundary and water commission for the United States and Mexico that was concluded pursuant to the Mexican water treaty of February 3, 1944.
In areas outside of active management areas, a developer of a proposed subdivision must do what first?
Submit plans for the water supply for the subdivision and demonstrate its adequacy to meet the needs projected
Who reviews and issues the report submitted by the developer?
Whom does the forwarded copy of the issued report go to?
When the director is done evaluating the proposed source of water for the subdivision, he forwards a copy of his issued report to the state real estate commissioner and the city, town or county responsible for platting the subdivision.
the director may designate a city or town that has entered into a contract with the United States secretary of the interior or a county water authority established pursuant to chapter 13 of this title for permanent supplies of Colorado river water for municipal and industrial use as having an adequate water supply if all of the following apply:
1) the city has entered into a contract with each private water company that serves water within the city; 2) the Colorado river water for which the city has contracted is sufficient together with other water supplies available; 3) the private water companies provide adequate amounts of water; 4) the new subdivision will be served primarily with colorado river water by the city or town
The director cannot force a developer to submit plans for the water supply if both of the following apply:
1) the developer has obtained written commitment of water service; and 2) that city/town or private water company has been designated as having an adequate water supply
A person who knowingly and without permission opens, closes, changes or interferes with _____ 3 items is guilty of ____ class misdemeanor?
- A1 - head gate, measuring device, or water box
- A2 - Class 2
List (3) other 2nd class misdemeanor offenses regarding use of water:
1) Knowingly uses water or conducts into or through such person's ditch water lawfully denied such person by the water superintendent or other competent authority; 2) Without authority uses water to which another is entitled; 3) Without authority diverts water from a stream
Are you also guilty of 2nd class misdemeanor if you waste water and it was detrimental to another person?
Define "adequate water supply" -
Property served by a water provider currently designated as having an adequate water supply
Define "inadequate water supply" -
No water supply determination, which shall apply to properties that were subdivided prior to May 1, 1973 and for which there have been no plat changes after that date, properties that are exempt from the requirements of section 45-108 and properties that have not received a determination of adequate water supply or inadequate water supply and that are not served by a water provider currently designated as having an adequate water supply
What does "body of water" mean?
a body of water in an active management area established under chapter 2 of this title
What are some examples of a body of water?
a lake, pond, lagoon or swimming pool
What is the minimum surface area a body of water must have?
>12,320 sq ft
If two bodies of water, such as lakes, are connected, how many bodies of water are there?
Define "swimming pool" -
an artifically constructed pool for swimming purposes that meets the applicable design standards and specifications for swimming pools prescribed by the director of environmental quality
A large body of water cannot be filled or refilled for what 3 purposes?
Landscape, Scenic or Recreational
What are the 7 exceptions for refilling/filling bodies of water for landscape, scenic or recreational purposes?
1) Filled before 1/1/87 unless surface area has increased since, 2) substantial capital investment has been made in the physical on-site construction of the body of water before 1/1/87, 3) located in a recreational facility that is open to the public, 4) body of water is filled and refilled exclusively with any one or any combination of effluent, storm water run-off, poor quality water used w/o a permit, and groundwater w/drawn pursuant to a drainage water w/d permit, 5) body of water is an integral part of a golf course, 6) body of water is unsealed and is an integral part of an underground storage facility for which the director has issued a permit, and 7) body of water is a swimming pool that is owned and operated by a hotel, motel, country club or resort and has a surface area = to or < 43,560 sq ft.
What if a hotel has more than one pool, then what's the minimum/maximum surface area allowed?
If a hotel, motel, country club or resort has more than one swimming pool, only one of those swimming pools may have a surface area > 12,320 sq ft.
How long does a permit last for someone who wants poor quality groundwater?
If a private property owner has a body of water on his property, does he have to allow the director to inspect?
Yes; the owner must allow for the inspection of the body of water; however, the director must give reasonable notice to owner beforehand
If a director believes a violation of water statute has occurred, he may serve a written notice to the private property owner. What is the timely period for the owner to respond to such complaint?
He has 30 days from date of service to answer
What does this "cease and desist" notice include?
A date, time and location of hearing as well as consequences for not attending the hearing
If the director finds that a person is filling or refilling all or a portion of a body of water, he may file a "temporary cease and desist" all violations. From the date of the order, how many days does the respondent have to respond?
15 days (unless agreed upon a later date)
What if after a decision is rendered by the Court, the private property owner continues to violate Title 45, water statutes?
The director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the AZ rules of civ proc.
A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
What are the civil penalties for violating Title 45?
- 1 - $100/day of violation not directly related to the illegal filling or refilling of all or a portion of a body of water
- 2 - 10K/day of violation directly related to the illegal filling or refilling of all or a portion of a body of water
What are the 6 elements in proving a private property owner was in fact in violation of Title 45?
- 1) Degree of harm to the public
- 2) Whether violation was knowing or wilful
- 3) The past conduct of the defendant
- 4) Whether defendant should've been on notice of violation
- 5) Whether the defendant has taken steps to cease
- 6) Remove or mitigate the violation
What is the burden of proof on behalf of the defendant?
A person who claims in a hearing that he is not violating or has not violated any provisions of Title 45 has the burden of proving that he qualifies for the exemption.
What are the classifications for being in violation of Title 45?
- Class 6 Felony - if the amount of water illegally used is 1,000+ acre ft
- Class 1 Misdemeanor - if the amount of water illegally used is 100+ acre ft but less than 1,000 acre ft.
- Class 3 Misdemeanor - f the amount of water illegally used is -100 acre ft
What is the "right of appropriation" in AZ?
Any person may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage or mining uses, for his personal use or for delivery to consumers. The person thereof first appropriating the water shall have the better right.
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