SB1257 - 561R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-104, Arizona Revised Statutes, is amended to read:

START_STATUTE45-104. Department organization; deputy directors; assistant director; employees; legal counsel; branch offices; consultants

A. The director may establish and organize divisions within the department and otherwise organize the department in the manner the director deems necessary to make the operation of the department efficient and effective.

B. The director may appoint a deputy director to each division or organizational unit that the director may establish. Subject to title 41, chapter 4, article 4, deputy directors shall serve at the pleasure of the director and are entitled to receive compensation pursuant to section 38-611.

C. The director shall appoint an assistant director whose exclusive duties are coordinating with the water infrastructure finance authority of Arizona and water users regarding projects that will augment water supplies through importation of water to this state from outside this state, projects that will increase this state's in-state water storage capacity, INCLUDING CONSTRUCTION AND IMPROVEMENT OF DAMS AND COORDINATING WITH FEDERAL, STATE AND LOCAL GOVERNMENT OFFICIALS FOR THESE PURPOSES. Subject to title 41, chapter 4, article 4, the assistant director shall serve at the pleasure of the director and is entitled to receive compensation pursuant to section 38-611.

C. D. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, the director may employ, define the duties of and prescribe the terms and conditions of employment of such clerical, technical, professional and administrative personnel as necessary to efficiently perform the responsibilities of the department. Compensation for all employees shall be pursuant to section 38-611.

D. E. The director may employ on a contract basis geologists, hydrologists, consulting engineers, other expert consultants and engineering and other assistants as the director deems advisable, who are not subject to the classification provided for in title 41, chapter 4, article 5.

E. F. The director may utilize use the services of accounting, legal or engineering personnel made available by any department or agency of this state, who shall serve without additional compensation.

F. G. Subject to title 41, chapter 4, article 4, the director may employ legal counsel to advise and represent the department in connection with legal matters before other departments and agencies of this state, and represent the department and this state in litigation concerning affairs of the department. Legal counsel is not subject to the classification provided for in title 41, chapter 4, article 5.

G. H. The director shall maintain the director's office in Phoenix and may establish a branch office of the department in each active management area established pursuant to chapter 2, article 2 of this title.

H. I. The director on behalf of the department may contract with private consultants for the purposes of assisting the department in reviewing applications for licenses, permits or other authorizations to determine whether an applicant meets the criteria for issuance of the license, permit or other authorization. If the department contracts with a consultant under this subsection, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and by agreeing to pay the department the costs of the consultant's services. Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to this subsection are appropriated to the department for use in paying consultants for services. END_STATUTE

Sec. 2. Section 45-252, Arizona Revised Statutes, is amended to read:

START_STATUTE45-252. General adjudication; representation; superior court; assignment to judge; personnel funding; petition

A. One or more water users on a river system and source, the water rights of which have not been previously adjudicated under this article and administered by the director of water resources, or this state on the request of any state agency other than the department of water resources may file a petition to have determined in a general adjudication the nature, extent and relative priority of the water rights of all persons in the river system and source.

B. The attorney general shall represent this state in connection with all water claims asserted by this state. The director shall be represented by legal counsel retained in accordance with section 45-104, subsection F G.

C. The general adjudication shall be brought and maintained in the superior court in the county in which the largest number of potential claimants resides. The clerk of the court in which the petition is filed shall notify the supreme court, and the supreme court shall assign the general adjudication to a superior court judge and appoint a master and shall consolidate the general adjudication with other pending general adjudications, if appropriate.

D. The supreme court may appoint additional paralegals and law clerks for the general adjudication. Notwithstanding section 12-128, the superior court judge, master, paralegal and law clerk positions prescribed in this subsection and subsection C of this section shall be fully funded by this state.

E. The petition for a general adjudication shall be captioned: "In re the general adjudication of all rights to use water in the ____________ river system and source" and shall request that the court determine the nature, extent and relative priority of the water rights of all persons in the river system and source. END_STATUTE

Sec. 3. Section 45-1207, Arizona Revised Statutes, is amended to read:

START_STATUTE45-1207. Approval or disapproval of applications; commencing construction

A. Upon On receipt of an application, the director shall approve, disapprove or approve subject to conditions necessary to insure safety.

B. A defective application shall not be rejected, but notice of the defects shall be sent to the applicant by registered mail. If the applicant fails to file a perfected application within thirty days, the original shall be canceled unless further time is allowed.

C. No application shall be approved in less than ten days from its receipt, nor shall an application be retained more than sixty days after it is filed unless the director finds that additional information is necessary. An applicant may request that the director expedite the review of the application through the employment of an expert consultant on a contract basis pursuant to section 45-104, subsection D E to assist the director in reviewing the application. If an applicant requests an expedited review of the application pursuant to this subsection and the director employs a consultant, the applicant shall pay to the department the cost of the consultant's services in addition to any other fees that the applicant is required to pay under this chapter.

D. If the director disapproves an application, one copy shall be returned with a statement of his the director's objections. If an application is approved, the approval shall be attached to the application and a copy returned by registered mail. Approval shall be granted under terms, conditions and limitations which that the director deems necessary to safeguard life and property.

E. Construction shall be commenced within one year after the date of approval of the application or such the approval is void. The director upon on written application and good cause shown may extend the time for commencing construction. Notice by registered mail shall be given to the director at least ten days before construction is commenced. END_STATUTE