Section R12-15-1001. Definitions

In addition to the definitions in A.R.S. §§ 45-101 and 45-402, the following words and phrases in this Article have the following meanings, unless the context otherwise requires:

1.        “Annual account” means an accounting of water required to be filed pursuant to A.R.S. § 45-468.

2.        “Annual report” means an annual report of water with- drawn, delivered, received, transported, recharged, stored, recovered, replenished or used as required by A.R.S. §§ 45-437, 45-467, 45-632, 45-875.01, 45-876.01, 45-877.01, 45-878.01 or 45-1004.

3.        “Central Arizona project water” means Colorado River water delivered through the facilities of the central Ari- zona project, and surface water from any other source conserved and developed by dams and reservoirs in the central Arizona project and lawfully delivered by the United States or a multi-county conservation district.

4.        “Decreed or appropriative surface water” means surface water which is delivered or used pursuant to a decreed or appropriative water right, except any such water which is included in central Arizona project water.

5.        “Farm” means an area of irrigated land under the same ownership as defined in A.R.S. § 45-402, including the area of land described in a certificate of irrigation grand- fathered right, as well as contiguous land that the owner is legally entitled to irrigate only with decreed or appro- priative surface water.

6.        “Maximum annual groundwater allotment” means the quantity of water in acre-feet obtained by multiplying the number of water duty acres for a farm by the current irri- gation water duty for the farm unit.

7.        “Normal flow” means water delivered or used pursuant to a right to appropriate an unstored, natural flow of surface water.

8.        “Operating flexibility account” means an accounting of water use pursuant to an irrigation grandfathered right as provided in A.R.S. § 45-467.

9.        “Responsible party” means a person required by law to file an annual account or annual report.

10.     “Spillwater” means surface water, other than Colorado River water, released for beneficial use from storage, diversion, or distribution facilities to avoid spilling that would otherwise occur due to uncontrolled surface water inflows that exceed facility capacity and to which one of the following applies:

a.         The water is released from the facility under written criteria for releasing water to avoid spilling that have been approved in writing by the Director.

b.        The water is released from the facility because an unreasonable risk exists that the storage capacity of the facility will be exceeded within the next 30 days because the facility is near capacity and either the inflow to the facility or the forecast runoff into the facility is equal to or greater than the quantity of water ordered from the facility.

c.         The water is released from the facility because an unreasonable risk exists that the storage capacity of the facility will be exceeded more than 30 days in the future because the forecast runoff into the facil- ity exceeds current unused storage capacity and pro- jected water demand during the forecast period, provided that the Director has made a written find- ing before the release that the forecast is reasonable.

11.     “Surface water right acre” means land to which the owner is legally entitled to apply decreed or appropriative sur- face water.

12.     “Tailwater” means water which, after having been applied to a farm for irrigation purposes,

a.         Is subsequently used for the irrigation of a different farm, without having entered the distribution system of a city, town, private water company or irrigation district, or

b.        Is delivered to an irrigation district in accordance with R12-15-1010. Such water, once having entered the distribution system of the irrigation district, loses its characterization as tailwater.

13.     “Water deliverer” means a city, town, private water com- pany or irrigation district delivering a combination of groundwater and any other type of water for irrigation purposes.

Historical Note

Adopted effective December 27, 1982 (Supp. 82-6). Sec- tion R12-15-1001 renumbered to R12-15-1003, new Sec- tion R12-15-1001 adopted effective December 12, 1990 (Supp. 90-4). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006

(Supp. 05-4).