Bill Text: AZ SB1236 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Harvested water; recharge
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-04-17 - Governor Signed [SB1236 Detail]
Download: Arizona-2012-SB1236-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1236 |
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AN ACT
amending sections 45-101 and 45-851.01, Arizona Revised Statutes; relating to waters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-101, Arizona Revised Statutes, is amended to read:
45-101. Definitions
In this title, unless the context otherwise requires:
1. "Appropriator" means the person or persons initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest.
2. "Department" means the department of water resources.
3. "Director" means the director of water resources, who is also the director of the department.
4. "Effluent" means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to title 49, chapter 2. Such water remains effluent until it acquires the characteristics of groundwater or surface water.
5. "Groundwater" means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. Groundwater does not include water flowing in underground streams with ascertainable beds and banks.
6. "Harvested water" means rainfall that is captured before reaching a natural channel, drainage way or navigable waterway.
6. 7. "Interstate stream" means any stream constituting or flowing along the exterior boundaries of this state, and any tributary originating in another state or foreign country and flowing into or through this state.
7. 8. "Riparian area" means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water transportation, distribution, off-stream storage and collection systems.
8. 9. "Sanitary sewer" means any pipe or other enclosed conduit that carries, among other substances, any water-carried wastes from the human body from residences, commercial buildings, industrial plants or institutions.
9. 10. "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. For the purposes of administering this title, surface water is deemed to include central Arizona project water.
Sec. 2. Section 45-851.01, Arizona Revised Statutes, is amended to read:
45-851.01. Recovery of stored water on an annual basis; rules
A. Except as provided in subsections B, and E and F of this section, a storer may recover the recoverable amount of water stored after January 1 of a calendar year on or before December 31 of the same calendar year.
B. If water is stored pursuant to a water storage permit and its use is based on a decreed or appropriative water right, the approximate recoverable amount of water stored in a month shall be recovered on or before the last day of the following month or within the same calendar year, whichever is earlier, unless the water is credited to a long-term storage account as prescribed by section 45-852.01.
C. Water stored after January 1 of a calendar year and not recovered on or before December 31 of the same calendar year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.
D. Water that is stored after January 1 of a calendar year, that is not recovered on or before December 31 of the same calendar year and that is not eligible to be credited to the storer's long-term storage account may not be recovered at any other time.
E. If the water stored was effluent stored at a managed underground storage facility that has not been designated as a facility that could add value to a national park, national monument or state park, the storer may recover during a year only fifty per cent of the recoverable amount of water stored between January 1 and December 31 of that year. If the storer recovers during the year less than fifty per cent of the recoverable amount of the water stored during that year, the difference between fifty per cent of the recoverable amount and the amount of stored water recovered during the year may be credited to the storer's long-term storage account to the extent that the stored water is eligible for long-term storage credits as prescribed by section 45-852.01.
F. If the water stored was harvested water, the storer may recover during a year only fifty per cent of the base amount of harvested water as determined by the department by rule. The department shall adopt rules to determine the method for calculating the base amount of harvested water, which shall provide for the measurement and verification of an average amount harvested over at least a five-year period and may require the department to inspect, review or otherwise determine appropriate water harvesting practices that may be used for storing harvested water.
