Arizona Laws 45-189.01. Water conservation plan notice; filing; exemption; duration
A. Beginning on September 29, 2021, a person who is entitled to the use of water may file with the director a water conservation plan notice. A water conservation plan notice shall include the following:
Terms Used In Arizona Laws 45-189.01
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means any individual, partnership, association, public or private corporation, city or other municipality, county or state agency, a recognized Indian tribe and the United States of America when claiming water rights established under the laws of this state. See Arizona Laws 45-181
- Surface water: means 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. See Arizona Laws 45-101
- water: means waters of all sources flowing in streams, canyons, ravines or other natural channels or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface. See Arizona Laws 45-181
1. The name and address of the person who is entitled to the use of water that is included in the water conservation plan.
2. A description of all water rights and claims that the person who is entitled to use those water rights and claims is including in the water conservation plan.
3. The place and purpose of the use of the identified water rights and claims and the historical and current water use.
4. A description of any water conservation measures that will be implemented as part of the water conservation plan.
5. A statement that the water conservation plan is voluntary and temporary in nature.
6. A statement that the water conservation plan is intended to result in the temporary reduction in the use of water or a reduction in the diversion of water.
7. A statement that the activities described in the water conservation plan will contribute to the practical and economical management, conservation and use of surface water in the watersheds of this state.
8. A statement that the person who holds the valid water right that is subject to the water conservation plan does not intend to abandon such water right during the terms of the water conservation plan.
B. On filing a water conservation plan notice, the conservation of water pursuant to the plan does not constitute an abandonment or forfeiture of the water conserved. A person may not accrue long-term storage credits for any water that is conserved in a water conservation plan notice filed pursuant to this section.
C. A water conservation plan shall designate a duration of up to ten years. The person filing the water conservation plan notice may file a subsequent notice for some or all of the water rights and claims before expiration of the designated time and may file subsequent water conservation plan notices for one or more periods of up to ten years each.