Arizona Laws 45-404. Findings on hearing; maps; order for boundaries of groundwater basin; review and modification of boundaries
A. Within sixty days after the hearing, the director shall make and file in the director’s office written findings with respect to matters considered during the hearing. For each groundwater basin, the director shall prepare and file in the director’s office:
Terms Used In Arizona Laws 45-404
- Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
- Department: means the department of water resources. See Arizona Laws 45-101
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
- Groundwater basin: means an area that, as nearly as known facts allow as determined by the director pursuant to this chapter, may be designated so as to enclose a relatively hydrologically distinct body or related bodies of groundwater, which shall be described horizontally by surface description. See Arizona Laws 45-402
- Irrigation non-expansion area: means a geographical area that has been designated pursuant to article 3 of this chapter as having insufficient groundwater to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of withdrawal. See Arizona Laws 45-402
- Subsequent active management area: means an active management area established after June 12, 1980 pursuant to article 2 of this chapter. See Arizona Laws 45-402
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
1. A map clearly identifying all lands included within the groundwater basin and its sub-basins.
2. Factual data justifying the boundaries of the groundwater basin and its sub-basins.
3. An order designating the boundaries of each groundwater basin and its sub-basins.
B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing, and the order is effective when published for the final time. The materials required by subsection A of this section and a transcript of the hearing are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114, subsection C.
C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the groundwater basin is located.
D. The director may, as conditions require and factual data justify, review and modify the boundaries of any groundwater basin or any sub-basin of a groundwater basin except for groundwater basins and sub-basins of a groundwater basin that are included within an initial active management area. The review and modification of boundaries of a groundwater basin or sub-basin included within a subsequent active management area or irrigation non-expansion area shall follow procedures set forth in sections 45-417 and 45-438. Any modification of boundaries designated pursuant to this article shall follow as closely as practicable the procedural requirements of section 45-403 and this section.