Arizona Laws 45-545. Damage rules applicable to all transportations of groundwater
A. In active management areas and in areas outside of active management areas, in any action to recover damages, neither injury to nor impairment of the water supply of any landowner shall be presumed from the fact of transportation.
Terms Used In Arizona Laws 45-545
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Person: means an individual, public or private corporation, company, partnership, firm, association, society, estate or trust, any other private organization or enterprise, the United States, any state, territory or country or a governmental entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state. See Arizona Laws 45-402
- Transportation: means the movement of groundwater from the point of withdrawal to the point of use. See Arizona Laws 45-402
B. In determining whether there has been injury and the extent of any injury, the court shall consider all acts of the person transporting groundwater toward the mitigation of injury including:
1. Retirement of land from irrigation.
2. Discontinuance of other preexisting uses of groundwater.
3. Water conservation techniques.
4. Procurement of additional sources of water which benefit the active management area, sub-basin or landowners within the active management area or sub-basin.
C. The court may award reasonable attorney fees, expert witness expenses and fees and court costs to the prevailing party.