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| 55 | 64 | | AN ACT |
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| 58 | 67 | | |
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| 59 | 68 | | amending section 45-105, Arizona Revised Statutes; RELATING to the DEPARTMENT of water resources. |
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| 65 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 45-105, Arizona Revised Statutes, is amended to read: START_STATUTE45-105. Powers and duties of director A. The director may: 1. Formulate plans and develop programs for the practical and economical development, management, conservation and use of surface water, groundwater and the watersheds in this state, including the management of water quantity and quality. 2. Investigate works, plans or proposals pertaining to surface water and groundwater, including management of watersheds, and acquire, preserve, publish and disseminate related information the director deems advisable. 3. Collect and investigate information on and prepare and devise means and plans for the development, conservation and use of all waterways, watersheds, surface water, groundwater and groundwater basins in this state and of all related matters and subjects, including irrigation, drainage, water quality maintenance, regulation of flow, diversion of running streams adapted for development in cooperating with the United States or by this state independently, flood control, use of water power, prevention of soil waste and storage, conservation and development of water for every useful purpose. 4. Measure, survey and investigate the water resources of this state and their potential development and cooperate and contract with agencies of the United States for such purposes. 5. Acquire, hold and dispose of property, including land, rights-of-way, water and water rights, as necessary or convenient for the performance of the groundwater and water quality management functions of the department. 6. Acquire, other than by condemnation, construct, improve, maintain and operate early warning systems for flood control purposes and works for the recovery, storage, treatment and delivery of water. 7. Accept grants, gifts or donations of money or other property from any source, which may be used for any purpose consistent with this title. All property acquired by the director is public property and is subject to the same tax exemptions, rights and privileges granted to municipalities, public agencies and other public entities. 8. Enter into an interagency contract or agreement with any public agency pursuant to title 11, chapter 7, article 3 and contract, act jointly or cooperate with any person to carry out the purposes of this title. 9. Prosecute and defend all rights, claims and privileges of this state respecting interstate streams. 10. Initiate and participate in conferences, conventions or hearings, including congressional hearings, court hearings or hearings of other competent judicial or quasi-judicial departments, agencies or organizations, and negotiate and cooperate with agencies of the United States or of any state or government and represent this state concerning matters within the department's jurisdiction. 11. Apply for and hold permits and licenses from the United States or any agency of the United States for reservoirs, dam sites and rights-of-way. 12. Receive and review all reports, proposed contracts and agreements from and with the United States or any agencies, other states or governments or their representatives and recommend to the governor and the legislature action to be taken on such reports, proposed contracts and agreements. The director shall take action on such reports, if authorized by law, and review and coordinate the preparation of formal comments of this state on both the preliminary and final reports relating to water resource development of the United States army corps of engineers, the United States secretary of the interior and the United States secretary of agriculture, as provided for in the flood control act of 1944 (58 Stat. 887; 33 United States Code section 701-1). 13. Contract with any person for imported water or for the acquisition of water rights or rights to withdraw, divert or use surface water or groundwater as necessary for the performance of the groundwater management functions of the director prescribed by chapter 2 of this title. If water becomes available under any contract executed under this paragraph, the director may contract with any person for its delivery or exchange for any other water available. 14. Recommend to the administrative heads of agencies, boards and commissions of this state, and political subdivisions of this state, rules to promote and protect the rights and interests of this state and its inhabitants in any matter relating to the surface water and groundwater in this state. 15. Conduct feasibility studies and remedial investigations relating to groundwater quality and enter into contracts and cooperative agreements under section 104 of the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510) to conduct such studies and investigations. 16. Dispose informally by stipulation, agreed settlement, consent order or alternative means of dispute resolution, including arbitration, if the parties and director agree, or by default of any case in which a hearing before the director is required or allowed by law. 17. Cooperate and coordinate with the appropriate governmental entities in Mexico regarding water planning in areas near the border between Mexico and Arizona and for the exchange of relevant hydrological information. B. The director shall: 1. Exercise and perform all powers and duties vested in or imposed on the department and adopt and issue rules necessary to carry out the purposes of this title. 2. Administer all laws relating to groundwater, as provided in this title. 3. Be responsible for the supervision and control of reservoirs and dams of this state and, when deemed necessary, conduct investigations to determine whether the existing or anticipated condition of any dam or reservoir in this state is or may become a menace to life and property. 4. Coordinate and confer with and may contract with: (a) The Arizona power authority, the game and fish commission, the state land department, the Arizona outdoor recreation coordinating commission, the Arizona commerce authority, the department of health services, active management area water authorities or districts and political subdivisions of this state with respect to matters within their jurisdiction relating to surface water and groundwater and the development of state water plans. (b) The department of environmental quality with respect to title 49, chapter 2 for its assistance in the development of state water plans. (c) The department of environmental quality regarding water plans, water resource planning, water management, wells, water rights and permits, and other appropriate provisions of this title pertaining to remedial investigations, feasibility studies, site prioritization, selection of remedies and implementation of the water quality assurance revolving fund program pursuant to title 49, chapter 2, article 5. (d) The department of environmental quality regarding coordination of databases that are necessary for activities conducted pursuant to title 49, chapter 2, article 5. 5. Cooperate with the Arizona power authority in the performance of the duties and functions of the authority. 6. Maintain a permanent public depository for existing and future records of stream flow, groundwater levels and water quality and other data relating to surface water and groundwater. 7. Maintain a public docket of all matters before the department that may be subject to judicial review pursuant to this title. 8. Investigate and take appropriate action on any complaints alleging withdrawals, diversions, impoundments or uses of surface water or groundwater that may violate this title or the rules adopted pursuant to this title. 9. Adopt an official seal for the authentication of records, orders, rules and other official documents and actions. 10. Provide staff support to the Arizona water protection fund commission established by chapter 12 of this title. 11. Exercise and perform all powers and duties invested in the chairperson of the Arizona water banking authority commission as prescribed by chapter 14 of this title. 12. Provide staff support to the Arizona water banking authority established by chapter 14 of this title. 13. In the year following each regular general election, present information to the committees with jurisdiction over water issues in the house of representatives and the senate. A written report is not required but the presentation shall include information concerning the following: (a) The current status of the water supply in this state and any likely changes in that status. (b) Issues of regional and local drought effects, short-term and long-term drought management efforts and the adequacy of drought preparation throughout the state. (c) The status of current water conservation programs in this state. (d) The current state of each active management area and the level of progress toward management goals in each active management area. (e) Issues affecting management of the Colorado River and the reliability of this state's two million eight hundred thousand acre-foot allocation of Colorado River water, including the status of water supplies in and issues related to the Colorado River basin states and Mexico. (f) The status of any pending or likely litigation regarding surface water adjudications or other water-related litigation and the potential impacts on this state's water supplies. (g) The status of Indian water rights settlements and related negotiations that affect this state. (h) Other matters related to the reliability of this state's water supplies, the responsibilities of the department and the adequacy of the department's and other entities' resources to meet this state's water management needs. 14. Not later than December 1, 2023 and on or before December 1 of each year thereafter, prepare and issue a water supply and demand assessment for at least six of the fifty-one groundwater basins established pursuant to section 45-403. The director shall ensure that a water supply and demand assessment is completed for all groundwater basins and initial active management areas at least once every five years. The director may contract with outside entities to perform some or all of the assessments and those outside entities shall be identified in the assessment. the director shall include all of the following in each five-year supply and demand ASSESSMENT for each groundwater basin: (a) The average depth-to-static level across the groundwater basin at the end of the assessment period, measured in feet. (b) The average net increase or decrease in the average depth-to-static level across the groundwater basin over each of the five years preceding the end of the assessment period, measured in feet. (c) The maximum depth of bedrock at the deepest point in the groundwater basin, measured in feet. (d) The average depth-to-bedrock level across the groundwater basin, measured in feet. (e) The total number of active index wells in the groundwater basin, measured in whole numbers. (f) The average distance between each active index well in the groundwater basin, measured in miles. (g) The average geographic distribution or density of active index wells in the groundwater basin, measured in number of active index wells per section of land. (h) The total volume of groundwater available in the groundwater basin to its maximum depth at the end of the assessment period, measured in acre-feet. (i) The total number of years' worth of groundwater available in the groundwater basin to its maximum depth at the current annual average rate of increase or decline in the groundwater basin, measured in years. (j) The total number of active and passive stormwater and groundwater recharge projects in the groundwater basin, measured in whole numbers. (k) The total volume of increased groundwater recharged in the groundwater basin due to active and passive stormwater and groundwater recharge projects in the groundwater basin in each of the five years preceding the end of the assessment period, measured in acre-feet. END_STATUTE |
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| 70 | 79 | | |
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| 71 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 81 | | |
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| 73 | 82 | | Section 1. Section 45-105, Arizona Revised Statutes, is amended to read: |
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| 74 | 83 | | |
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| 75 | 84 | | START_STATUTE45-105. Powers and duties of director |
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| 76 | 85 | | |
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| 77 | 86 | | A. The director may: |
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| 78 | 87 | | |
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| 79 | 88 | | 1. Formulate plans and develop programs for the practical and economical development, management, conservation and use of surface water, groundwater and the watersheds in this state, including the management of water quantity and quality. |
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| 80 | 89 | | |
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| 81 | 90 | | 2. Investigate works, plans or proposals pertaining to surface water and groundwater, including management of watersheds, and acquire, preserve, publish and disseminate related information the director deems advisable. |
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| 82 | 91 | | |
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| 83 | 92 | | 3. Collect and investigate information on and prepare and devise means and plans for the development, conservation and use of all waterways, watersheds, surface water, groundwater and groundwater basins in this state and of all related matters and subjects, including irrigation, drainage, water quality maintenance, regulation of flow, diversion of running streams adapted for development in cooperating with the United States or by this state independently, flood control, use of water power, prevention of soil waste and storage, conservation and development of water for every useful purpose. |
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| 84 | 93 | | |
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| 85 | 94 | | 4. Measure, survey and investigate the water resources of this state and their potential development and cooperate and contract with agencies of the United States for such purposes. |
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| 86 | 95 | | |
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| 87 | 96 | | 5. Acquire, hold and dispose of property, including land, rights-of-way, water and water rights, as necessary or convenient for the performance of the groundwater and water quality management functions of the department. |
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| 88 | 97 | | |
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| 89 | 98 | | 6. Acquire, other than by condemnation, construct, improve, maintain and operate early warning systems for flood control purposes and works for the recovery, storage, treatment and delivery of water. |
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| 90 | 99 | | |
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| 91 | 100 | | 7. Accept grants, gifts or donations of money or other property from any source, which may be used for any purpose consistent with this title. All property acquired by the director is public property and is subject to the same tax exemptions, rights and privileges granted to municipalities, public agencies and other public entities. |
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| 92 | 101 | | |
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| 93 | 102 | | 8. Enter into an interagency contract or agreement with any public agency pursuant to title 11, chapter 7, article 3 and contract, act jointly or cooperate with any person to carry out the purposes of this title. |
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| 94 | 103 | | |
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| 95 | 104 | | 9. Prosecute and defend all rights, claims and privileges of this state respecting interstate streams. |
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| 96 | 105 | | |
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| 97 | 106 | | 10. Initiate and participate in conferences, conventions or hearings, including congressional hearings, court hearings or hearings of other competent judicial or quasi-judicial departments, agencies or organizations, and negotiate and cooperate with agencies of the United States or of any state or government and represent this state concerning matters within the department's jurisdiction. |
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| 98 | 107 | | |
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| 99 | 108 | | 11. Apply for and hold permits and licenses from the United States or any agency of the United States for reservoirs, dam sites and rights-of-way. |
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| 100 | 109 | | |
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| 101 | 110 | | 12. Receive and review all reports, proposed contracts and agreements from and with the United States or any agencies, other states or governments or their representatives and recommend to the governor and the legislature action to be taken on such reports, proposed contracts and agreements. The director shall take action on such reports, if authorized by law, and review and coordinate the preparation of formal comments of this state on both the preliminary and final reports relating to water resource development of the United States army corps of engineers, the United States secretary of the interior and the United States secretary of agriculture, as provided for in the flood control act of 1944 (58 Stat. 887; 33 United States Code section 701-1). |
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| 102 | 111 | | |
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| 103 | 112 | | 13. Contract with any person for imported water or for the acquisition of water rights or rights to withdraw, divert or use surface water or groundwater as necessary for the performance of the groundwater management functions of the director prescribed by chapter 2 of this title. If water becomes available under any contract executed under this paragraph, the director may contract with any person for its delivery or exchange for any other water available. |
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| 104 | 113 | | |
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| 105 | 114 | | 14. Recommend to the administrative heads of agencies, boards and commissions of this state, and political subdivisions of this state, rules to promote and protect the rights and interests of this state and its inhabitants in any matter relating to the surface water and groundwater in this state. |
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| 106 | 115 | | |
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| 107 | 116 | | 15. Conduct feasibility studies and remedial investigations relating to groundwater quality and enter into contracts and cooperative agreements under section 104 of the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510) to conduct such studies and investigations. |
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| 108 | 117 | | |
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| 109 | 118 | | 16. Dispose informally by stipulation, agreed settlement, consent order or alternative means of dispute resolution, including arbitration, if the parties and director agree, or by default of any case in which a hearing before the director is required or allowed by law. |
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| 110 | 119 | | |
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| 111 | 120 | | 17. Cooperate and coordinate with the appropriate governmental entities in Mexico regarding water planning in areas near the border between Mexico and Arizona and for the exchange of relevant hydrological information. |
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| 112 | 121 | | |
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| 113 | 122 | | B. The director shall: |
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| 114 | 123 | | |
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| 115 | 124 | | 1. Exercise and perform all powers and duties vested in or imposed on the department and adopt and issue rules necessary to carry out the purposes of this title. |
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| 116 | 125 | | |
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| 117 | 126 | | 2. Administer all laws relating to groundwater, as provided in this title. |
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| 118 | 127 | | |
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| 119 | 128 | | 3. Be responsible for the supervision and control of reservoirs and dams of this state and, when deemed necessary, conduct investigations to determine whether the existing or anticipated condition of any dam or reservoir in this state is or may become a menace to life and property. |
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| 120 | 129 | | |
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| 121 | 130 | | 4. Coordinate and confer with and may contract with: |
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| 122 | 131 | | |
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| 123 | 132 | | (a) The Arizona power authority, the game and fish commission, the state land department, the Arizona outdoor recreation coordinating commission, the Arizona commerce authority, the department of health services, active management area water authorities or districts and political subdivisions of this state with respect to matters within their jurisdiction relating to surface water and groundwater and the development of state water plans. |
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| 124 | 133 | | |
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| 125 | 134 | | (b) The department of environmental quality with respect to title 49, chapter 2 for its assistance in the development of state water plans. |
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| 126 | 135 | | |
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| 127 | 136 | | (c) The department of environmental quality regarding water plans, water resource planning, water management, wells, water rights and permits, and other appropriate provisions of this title pertaining to remedial investigations, feasibility studies, site prioritization, selection of remedies and implementation of the water quality assurance revolving fund program pursuant to title 49, chapter 2, article 5. |
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| 128 | 137 | | |
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| 129 | 138 | | (d) The department of environmental quality regarding coordination of databases that are necessary for activities conducted pursuant to title 49, chapter 2, article 5. |
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| 130 | 139 | | |
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| 131 | 140 | | 5. Cooperate with the Arizona power authority in the performance of the duties and functions of the authority. |
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| 132 | 141 | | |
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| 133 | 142 | | 6. Maintain a permanent public depository for existing and future records of stream flow, groundwater levels and water quality and other data relating to surface water and groundwater. |
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| 134 | 143 | | |
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| 135 | 144 | | 7. Maintain a public docket of all matters before the department that may be subject to judicial review pursuant to this title. |
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| 136 | 145 | | |
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| 137 | 146 | | 8. Investigate and take appropriate action on any complaints alleging withdrawals, diversions, impoundments or uses of surface water or groundwater that may violate this title or the rules adopted pursuant to this title. |
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| 138 | 147 | | |
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| 139 | 148 | | 9. Adopt an official seal for the authentication of records, orders, rules and other official documents and actions. |
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| 140 | 149 | | |
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| 141 | 150 | | 10. Provide staff support to the Arizona water protection fund commission established by chapter 12 of this title. |
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| 142 | 151 | | |
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| 143 | 152 | | 11. Exercise and perform all powers and duties invested in the chairperson of the Arizona water banking authority commission as prescribed by chapter 14 of this title. |
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| 144 | 153 | | |
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| 145 | 154 | | 12. Provide staff support to the Arizona water banking authority established by chapter 14 of this title. |
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| 146 | 155 | | |
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| 147 | 156 | | 13. In the year following each regular general election, present information to the committees with jurisdiction over water issues in the house of representatives and the senate. A written report is not required but the presentation shall include information concerning the following: |
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| 148 | 157 | | |
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| 149 | 158 | | (a) The current status of the water supply in this state and any likely changes in that status. |
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| 150 | 159 | | |
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| 151 | 160 | | (b) Issues of regional and local drought effects, short-term and long-term drought management efforts and the adequacy of drought preparation throughout the state. |
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| 152 | 161 | | |
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| 153 | 162 | | (c) The status of current water conservation programs in this state. |
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| 154 | 163 | | |
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| 155 | 164 | | (d) The current state of each active management area and the level of progress toward management goals in each active management area. |
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| 156 | 165 | | |
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| 157 | 166 | | (e) Issues affecting management of the Colorado River and the reliability of this state's two million eight hundred thousand acre-foot allocation of Colorado River water, including the status of water supplies in and issues related to the Colorado River basin states and Mexico. |
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| 158 | 167 | | |
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| 159 | 168 | | (f) The status of any pending or likely litigation regarding surface water adjudications or other water-related litigation and the potential impacts on this state's water supplies. |
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| 160 | 169 | | |
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| 161 | 170 | | (g) The status of Indian water rights settlements and related negotiations that affect this state. |
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| 162 | 171 | | |
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| 163 | 172 | | (h) Other matters related to the reliability of this state's water supplies, the responsibilities of the department and the adequacy of the department's and other entities' resources to meet this state's water management needs. |
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| 164 | 173 | | |
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| 165 | 174 | | 14. Not later than December 1, 2023 and on or before December 1 of each year thereafter, prepare and issue a water supply and demand assessment for at least six of the fifty-one groundwater basins established pursuant to section 45-403. The director shall ensure that a water supply and demand assessment is completed for all groundwater basins and initial active management areas at least once every five years. The director may contract with outside entities to perform some or all of the assessments and those outside entities shall be identified in the assessment. the director shall include all of the following in each five-year supply and demand ASSESSMENT for each groundwater basin: |
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| 166 | 175 | | |
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| 167 | 176 | | (a) The average depth-to-static level across the groundwater basin at the end of the assessment period, measured in feet. |
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| 168 | 177 | | |
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| 169 | 178 | | (b) The average net increase or decrease in the average depth-to-static level across the groundwater basin over each of the five years preceding the end of the assessment period, measured in feet. |
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| 170 | 179 | | |
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| 171 | 180 | | (c) The maximum depth of bedrock at the deepest point in the groundwater basin, measured in feet. |
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| 172 | 181 | | |
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| 173 | 182 | | (d) The average depth-to-bedrock level across the groundwater basin, measured in feet. |
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| 174 | 183 | | |
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| 175 | 184 | | (e) The total number of active index wells in the groundwater basin, measured in whole numbers. |
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| 176 | 185 | | |
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| 177 | 186 | | (f) The average distance between each active index well in the groundwater basin, measured in miles. |
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| 178 | 187 | | |
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| 179 | 188 | | (g) The average geographic distribution or density of active index wells in the groundwater basin, measured in number of active index wells per section of land. |
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| 180 | 189 | | |
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| 181 | 190 | | (h) The total volume of groundwater available in the groundwater basin to its maximum depth at the end of the assessment period, measured in acre-feet. |
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| 182 | 191 | | |
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| 183 | 192 | | (i) The total number of years' worth of groundwater available in the groundwater basin to its maximum depth at the current annual average rate of increase or decline in the groundwater basin, measured in years. |
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| 184 | 193 | | |
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| 185 | 194 | | (j) The total number of active and passive stormwater and groundwater recharge projects in the groundwater basin, measured in whole numbers. |
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| 186 | 195 | | |
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| 187 | 196 | | (k) The total volume of increased groundwater recharged in the groundwater basin due to active and passive stormwater and groundwater recharge projects in the groundwater basin in each of the five years preceding the end of the assessment period, measured in acre-feet. END_STATUTE |
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