45-2712. Notice of well applications to nation; objection; hearing; appeal

A. Before making a decision on an application described in section 45-2711, subsection B, the director shall mail written notice of the application to the nation, including a copy of the application, and provide the nation an opportunity to object to the application in the manner provided in subsection B of this section.

B. The nation may file with the director a written objection to an application described in section 45-2711, subsection B within sixty days after the director mails written notice of the application to the nation.  The grounds for objection are limited to whether the application should be denied under section 45-2711, subsection B.

C. If the nation files a timely objection to an application pursuant to subsection B of this section, the director shall schedule an administrative hearing on the objection within sixty days after receiving the objection.  The administrative hearing shall be held by an administrative law judge of the office of administrative hearings under title 41, chapter 6, article 10 and the nation shall be a party to the hearing. Notwithstanding any other law, the administrative law judge shall issue a recommended decision to the director within thirty days after the close of the hearing and the director shall issue a final administrative decision within thirty days after receiving the administrative law judge’s recommended decision.  The director's final administrative decision is subject to judicial review by the superior court having jurisdiction over the general adjudication of all rights to use water in the Gila river system and source if a party to the administrative hearing files an action for judicial review within thirty days after the date the director mails notice of the final administrative decision to the party.

D. If the director receives an application to drill a replacement well in the Tucson active management area at a location within two miles of the exterior boundaries of the reservation, before making a decision on the application, the director shall mail written notice of the application to the nation, including a copy of the application, and provide the nation an opportunity to object to the application in the manner provided in subsection E of this section.

E. The nation may file with the director a written objection to an application described in subsection D of this section. The written objection shall be filed within sixty days after the director mails written notice of the application to the nation.  The grounds for objection are limited to whether the proposed well qualifies as a replacement well.  If the nation files a timely objection to the application, the hearing and appeal provisions set forth in subsection C of this section apply.

F. If the director fails to comply with a requirement in this section, the nation may bring an action in the superior court having jurisdiction over the general adjudication of all rights to use water in the Gila river system and source to obtain an order compelling the director’s compliance.