45-451. Groundwater rights and uses in active management areas

197 words·~1 min read·/az/title-45/45-451

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In an active management area, a person may:

1. Withdraw and use groundwater only in accordance with the provisions of articles 5 through 12 of this chapter.

2. Store water in a storage facility, as defined in section 45-802.01, only in accordance with chapter 3.1 of this title.

B. This chapter shall not be construed to affect decreed and appropriative water rights. Nothing in this chapter shall be construed to affect the definition of surface water in section 45-101 and the definition of water subject to appropriation in section 45-141 or the provisions of article 9 of chapter 1 of this title.

C. Notwithstanding subsection B of this section, solely in the Santa Cruz active management area:

1. The withdrawal of water, other than stored water, from a well and the distribution and use of water, other than stored water, withdrawn from a well shall be subject to any applicable conservation requirements established by the director in the management plans for the active management area pursuant to article 9 of this chapter.

2. The withdrawal of water from a well shall be subject to any applicable well location requirements contained in article 10 of this chapter.