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House Engrossed Senate Bill |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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CHAPTER 282
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SENATE BILL 1236 |
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AN ACT
amending title 45, chapter 1, article 5, Arizona Revised Statutes, by adding section 45‑152.01; relating to waters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 45, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 45-152.01, to read:
45-152.01. Instream flow applications; process; definition
A. In addition to the information prescribed in section 45‑152, any person, including the United States, this state or a municipality, who files an instream flow application AFTER THE EFFECTIVE DATE OF THIS SECTION shall comply with the following:
1. The applicant shall submit at least five years of streamflow measurement data to support the proposed beneficial use which shall be submitted at the time the application is filed. The director shall not accept for filing an instream flow application that is not accompanied by at least five years of continuous streamflow measurement data. The streamflow data submitted shall consist of gauged on‑site measurements of available water flow from the area in which the claimed beneficial use occurs.
2. The instream flow application shall describe the proposed beneficial use and shall specify both of the following:
(a) The amount of streamflow required for the proposed beneficial use.
(b) The availability of the requested flows during claimed periods of beneficial use.
B. Applications that are submitted after the effective date of this section shall be rejected if the application does not comply with this section.
C. For the purposes of this section, "instream flow application" means an application for a permit to make an appropriation of water for purposes of recreation or wildlife, including fish, in a specific stream reach without diverting the water from the stream.
Sec. 2. Water harvesting pilot program; projects; delayed repeal
A. On or before December 1, 2012, the department of water resources shall develop a pilot program for projects to demonstrate water harvesting techniques, practices and technology. The department of water resources shall establish at least two pilot projects, subject to funding, to demonstrate water harvesting and shall develop specific criteria for the projects which shall include requirements for the physical, hydrological and legal capacities and limitations of the pilot projects, including appropriate monitoring and recording of the projects. The pilot projects established by the department shall include at least one project that is in a county with a population of more than two hundred ten thousand persons and less than three hundred fifty thousand persons and at least one project that is in an area outside of an active management area and that is located within twenty-five miles of a United States military base.
B. On or before December 1, 2013, and annually thereafter, the department of water resources shall report on the progress of the pilot program and projects and shall provide the public with website access to full information on the pilot program, including the project criteria and specifications and any data collected or received.
C. This section is repealed July 1, 2018.
APPROVED BY THE GOVERNOR APRIL 17, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2012.