A. In an active management area, the service area of a city, town or private water company may not be extended primarily for any of the following purposes:

Terms Used In Arizona Laws 45-493

  • 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
  • Conservation district: means a multi-county water conservation district established under Title 48, Chapter 22. See Arizona Laws 45-402
  • Convey: means to transfer the ownership of a grandfathered right from one person to another. See Arizona Laws 45-402
  • Date of the designation of the active management area: means :

    (a) With respect to an initial active management area, June 12, 1980. See Arizona Laws 45-402

  • 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Irrigation district: means a political subdivision, however designated, established pursuant to Title 48, Chapter 17 or 19. See Arizona Laws 45-402
  • Member service area: means the service area of a city, town or private water company that qualifies as a member service area of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
  • Non-irrigation use: means :

    (a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, a use of groundwater other than an irrigation use. See Arizona Laws 45-402

  • Private water company: means :

    (a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, any entity that distributes or sells groundwater, except a political subdivision or an entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. See Arizona Laws 45-402

  • Service area: means :

    (a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:

    (i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402

  • town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
  • Well: means a man-made opening in the earth through which water may be withdrawn or obtained from beneath the surface of the earth except as provided in Section 45-591. See Arizona Laws 45-402

1. Including a well field within the service area.

2. Furnishing disproportionately large amounts of water to an industrial or any other large water user unless it is consistent with the management plan for the active management area and is approved by the director.

3. Including irrigation acres within the exterior boundaries of the service area to extinguish the right to convey irrigation grandfathered rights to a non-irrigation use.

B. Within an active management area, a city, town or private water company may not extend its service area for the purpose of withdrawing and distributing groundwater for irrigation purposes.

C. Subsequent to the date of the designation of the active management area, a private water company may not be formed within an active management area to withdraw and distribute groundwater for irrigation purposes.

D. If a municipal provider whose service area has qualified as a member service area under Title 48, Chapter 22 terminates water service to any portion of the service area and fails to pay the replenishment tax levied by a conservation district under Title 48, Chapter 22 for that area, another municipal provider shall not commence service of groundwater under section 45-492, subsection A or D or section 45-494 to landowners and residents within that area without first making arrangements to pay all outstanding replenishment taxes to the conservation district. This subsection does not apply to the commencement of service of groundwater by an irrigation district to an industrial user under section 45-497. For the purposes of this subsection, "municipal provider" has the same meaning prescribed in section 45-561.

 

  Previous section
Next section  
 Article 6 Contents