A. Each year the legislature shall appropriate sufficient monies to the department to cover all costs of administration and enforcement of this chapter.

Terms Used In Arizona Laws 45-612

  • 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Stored water: means water that is stored underground for the purpose of recovery pursuant to a permit issued under chapter 3. See Arizona Laws 45-402

B. Not later than October 1 of each year, the director shall estimate the total amount of groundwater to be withdrawn in all active management areas except the Tucson, Phoenix, Pinal and Santa Cruz active management areas during the following calendar year and the total amount of water, other than stored water, to be withdrawn in the Santa Cruz active management area during the following calendar year, and set the administration and enforcement fee pursuant to section 45-611, subsection A, paragraph 1 to produce an amount equal to one-half of the amount budgeted by the director for administration and enforcement purposes for the following fiscal year. In setting the administration and enforcement fee, the director shall account for excess payments or deficiencies in payments in the past fiscal year. Except as provided in section 45-113, subsection C, monies collected from administration and enforcement fees shall be deposited in the water resources fund established by section 45-117.

C. For the Tucson, Phoenix and Pinal active management areas, not later than October 1, 2016 and by October 1 of each year thereafter, the director shall estimate the total amount of groundwater to be withdrawn in each active management area and shall set the administration and enforcement fee pursuant to section 45-611, subsection C, paragraph 1 to produce an amount equal to one-half of the amount budgeted by the director for administration and enforcement purposes for the following fiscal year. In setting the administration and enforcement fee, the director shall account for excess payments or deficiencies in payments in the past fiscal year. Except as provided in section 45-113, subsection C, monies collected from administration and enforcement fees shall be deposited in the water resources fund established by section 45-117.

D. Monies budgeted for administration and enforcement purposes pursuant to this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If the administration and enforcement fee is set at fifty cents and excess payments have been received, such excess payments shall be credited to the augmentation and conservation assistance fund established under section 45-615 and credited among the active management areas in proportion to the amount of such monies collected from each active management area.

 

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