| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 45-831.01, Arizona Revised Statutes, is amended to read: START_STATUTE45-831.01. Water storage permits A. A person may apply to the director for a water storage permit and may store water at a storage facility only pursuant to a water storage permit. B. The director may issue a water storage permit to store water at a storage facility if the director determines that all of the following apply: 1. The applicant has a right to use the proposed source of water or the PROPOSED source of water is STORMWATER as defined in section 45-837.01 that will be RECharged for aquifer REPLENISHMENT in a CONSTRUCTED underground storage fACILITY PURSUANT to section 45-837.01. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administration proceeding or in any judicial proceeding. 2. The applicant has applied for any water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law. 3. The water storage will occur at a permitted storage facility. C. In addition to the requirements of subsection B of this section, if the applicant has applied for a water storage permit to store water at a groundwater savings facility, the director shall not issue the water storage permit unless the applicant has agreed in writing to comply with the plan by which the quantity of groundwater saved at the facility will be proved each year. D. If the director issues a water storage permit, the director may make, if possible, the following determinations: 1. Whether the water to be stored is water that cannot reasonably be used directly by the applicant and otherwise meets the requirements of section 45-852.01 for long-term storage credits. 2. If use of the water to be stored is appurtenant to a particular location, and if so, where the water may be legally used after recovery. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administrative proceeding or in any judicial proceeding. E. The director may issue a water storage permit for a period of not more than fifty years, except that: 1. On request of the holder of the permit, the director may renew the permit if the director determines that the requirements of subsection B of this section apply and, if the requirement of subsection C of this section applied at the time of issuance, that the requirement of subsection C of this section applies at the time of renewal. 2. Subject to the provisions of this chapter, the holder of long-term storage credits earned pursuant to the permit may recover the water over a period longer than the duration of the permit. F. The holder of a water storage permit may apply to the director for approval to convey the permit to another person. The director may approve the conveyance if the director determines that the person to whom the permit is to be conveyed and the water storage will continue to meet the applicable requirements of this section. If long-term storage credits accrued pursuant to the water storage permit are being assigned pursuant to section 45-854.01 with the water storage permit, the director shall be given notice of the impending assignment of long-term storage credits at the time the holder of the water storage permit applies to convey the permit. G. A person who holds a water storage permit may apply to the director on a form approved by the director for a modification of that water storage permit. The director may modify the permit within twenty days of after receiving the application without complying with section 45-871.01 if all of the following apply: 1. The holder of the storage facility permit with which the water storage permit is affiliated has consented to the modification. 2. The modification to the water storage permit does not require a modification of the affiliated water storage facility permit. 3. The only modification requested is to add an amount of Colorado river water as a type of water to be stored under the water storage permit. 4. Water storage of Colorado river water has previously been permitted at the affiliated storage facility. 5. The person requesting the modification has the right to use the Colorado river water. H. A water storage permit shall include the following information: 1. The name and mailing address of the person to whom the permit is issued. 2. The storage facility where the water storage will occur and the name of the active management area, irrigation non-expansion area, groundwater basin or groundwater sub-basin subbasin, as applicable, in which that facility is located. 3. The maximum annual amount of water that may be stored. 4. If the applicable finding of subsection D of this section has been made, whether the water to be stored is water that cannot reasonably be used directly by the applicant. 5. If the applicable finding of subsection D of this section has been made, any restrictions on where the water to be stored may legally be used. 6. Other conditions consistent with this chapter. 7. The duration of the permit. I. If the water storage will occur at a groundwater savings facility, the water storage permit shall include, in addition to the information required by subsection H of this section, the requirements of the plan by which the quantity of groundwater saved at the storage facility will be proved each year. J. If the director of the department of water resources decides to issue a water storage permit and the applicant has not received a water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law, the director of the department of water resources shall make receipt of the water quality permit a condition of the water storage permit and the holder of the water storage permit shall not store water until receiving the water quality permit. END_STATUTE Sec. 2. Title 45, chapter 3.1, article 3, Arizona Revised Statutes, is amended by adding section 45-837.01, to read: START_STATUTE45-837.01. Stormwater storage; replenishment credits; definition A. a storer in the phoenix active management area may recharge stormwater within a constructed underground storage facility pursuant to the operational terms of the water storage and constructed underground storage facility permits and in compliance with all applicable water quality permits and receive a replenishment credit. b. The Director shall annually determine the quantity of stormwater recharged by a storer AND shall credit the storer's replenishment credit account with ninety-five percent of the total volume of recharged stormwater in the previous calendar year. The Director shall maintain a record of earned and transferred replenishment credits for each credit HOLDER AND shall debit credits from the holder's account equal to the amount of credits used. C. a storer may use Replenishment credits or TRANSFER the CREDITS to any other eligible entity and offset an equal amount of the storer's replenishment obligation within the same subbasin for any year. a storer may use REPLENISHMENT credits to offset the storer's REPLENISHMENT obligation if the offset is for either: 1. groundwater withdrawn from a well within two miles of the constructed underground storage facility where replenishment occurred. 2. groundwater withdrawn and served by a water provider within the water provider's service area and a portion of the service area is located within two miles of the constructed underground storage facility where the replenishment occurred. D. The director shall treat REPLENISHMENT credits as GROUNDWATER AND NOT as stored water. E. Notwithstanding any other law, the director may issue a permit to an underground storage facility solely for the storage of stormwater as provided in this section or for a combination of water sources. F. THE STORAGE OF STORMWATER PURSUANT TO THIS SECTION shall NOT AFFECT, INFRINGE ON OR INTERFERE WITH VESTED OR EXISTING RIGHTS TO THE USE OF WATER. G. FOR THE PURPOSES OF THIS SECTION, "STORMWATER": 1. Means water that has been collected in a system designed to carry rainfall RUNOFF FROM STREETS, SIDEWALKS, GUTTERS AND OTHER IMPERVIOUS SURFACES, INCLUDING THOSE IN SUBDIVISIONS, TO A LOCATION WHERE THE WATER IS RETAINED. 2. DOES NOT INCLUDE SURFACE WATER as defined in section 45-101, EFFLUENT as defined in section 45-101, INCIDENTAL RECHARGE AS DEFINED IN SECTION 45-561 OR NET NATURAL RECHARGE AS DEFINED IN SECTION 48-4401.END_STATUTE |
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| 79 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 45-831.01, Arizona Revised Statutes, is amended to read: START_STATUTE45-831.01. Water storage permits A. A person may apply to the director for a water storage permit and may store water at a storage facility only pursuant to a water storage permit. B. The director may issue a water storage permit to store water at a storage facility if the director determines that all of the following apply: 1. The applicant has a right to use the proposed source of water or the PROPOSED source of water is STORMWATER that will be RECharged for aquifer REPLENISHMENT in a CONSTRUCTED underground storage fACILITY PURSUANT to section 45-837.01. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administration proceeding or in any judicial proceeding. 2. The applicant has applied for any water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law. 3. The water storage will occur at a permitted storage facility. C. In addition to the requirements of subsection B of this section, if the applicant has applied for a water storage permit to store water at a groundwater savings facility, the director shall not issue the water storage permit unless the applicant has agreed in writing to comply with the plan by which the quantity of groundwater saved at the facility will be proved each year. D. If the director issues a water storage permit, the director may make, if possible, the following determinations: 1. Whether the water to be stored is water that cannot reasonably be used directly by the applicant and otherwise meets the requirements of section 45-852.01 for long-term storage credits. 2. If use of the water to be stored is appurtenant to a particular location, and if so, where the water may be legally used after recovery. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administrative proceeding or in any judicial proceeding. E. The director may issue a water storage permit for a period of not more than fifty years, except that: 1. On request of the holder of the permit, the director may renew the permit if the director determines that the requirements of subsection B of this section apply and, if the requirement of subsection C of this section applied at the time of issuance, that the requirement of subsection C of this section applies at the time of renewal. 2. Subject to the provisions of this chapter, the holder of long-term storage credits earned pursuant to the permit may recover the water over a period longer than the duration of the permit. F. The holder of a water storage permit may apply to the director for approval to convey the permit to another person. The director may approve the conveyance if the director determines that the person to whom the permit is to be conveyed and the water storage will continue to meet the applicable requirements of this section. If long-term storage credits accrued pursuant to the water storage permit are being assigned pursuant to section 45-854.01 with the water storage permit, the director shall be given notice of the impending assignment of long-term storage credits at the time the holder of the water storage permit applies to convey the permit. G. A person who holds a water storage permit may apply to the director on a form approved by the director for a modification of that water storage permit. The director may modify the permit within twenty days of after receiving the application without complying with section 45-871.01 if all of the following apply: 1. The holder of the storage facility permit with which the water storage permit is affiliated has consented to the modification. 2. The modification to the water storage permit does not require a modification of the affiliated water storage facility permit. 3. The only modification requested is to add an amount of Colorado river water as a type of water to be stored under the water storage permit. 4. Water storage of Colorado river water has previously been permitted at the affiliated storage facility. 5. The person requesting the modification has the right to use the Colorado river water. H. A water storage permit shall include the following information: 1. The name and mailing address of the person to whom the permit is issued. 2. The storage facility where the water storage will occur and the name of the active management area, irrigation non-expansion area, groundwater basin or groundwater sub-basin subbasin, as applicable, in which that facility is located. 3. The maximum annual amount of water that may be stored. 4. If the applicable finding of subsection D of this section has been made, whether the water to be stored is water that cannot reasonably be used directly by the applicant. 5. If the applicable finding of subsection D of this section has been made, any restrictions on where the water to be stored may legally be used. 6. Other conditions consistent with this chapter. 7. The duration of the permit. I. If the water storage will occur at a groundwater savings facility, the water storage permit shall include, in addition to the information required by subsection H of this section, the requirements of the plan by which the quantity of groundwater saved at the storage facility will be proved each year. J. If the director of the department of water resources decides to issue a water storage permit and the applicant has not received a water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law, the director of the department of water resources shall make receipt of the water quality permit a condition of the water storage permit and the holder of the water storage permit shall not store water until receiving the water quality permit. END_STATUTE Sec. 2. Title 45, chapter 3.1, article 3, Arizona Revised Statutes, is amended by adding section 45-837.01, to read: START_STATUTE45-837.01. Stormwater storage; replenishment credits A. a storer may recharge stormwater within a constructed underground storage facility pursuant to the operational terms of the water storage and constructed underground storage facility permits and in compliance with all applicable water quality permits and receive a replenishment credit. b. The Director shall annually determine the quantity of stormwater recharged by a storer AND shall credit the storer's replenishment credit account with ninety-five percent of the total volume of recharged stormwater in the previous calendar year. The Director shall maintain a record of earned and transferred replenishment credits for each credit HOLDER AND shall debit credits from the holder's account equal to the amount of credits used. C. a storer may use Replenishment credits or TRANSFER the CREDITS to any other eligible entity and offset an equal amount of the storer's replenishment obligation within the same subbasin for any year. a storer may use REPLENISHMENT credits to offset the storer's REPLENISHMENT obligation if the offset is for either: 1. groundwater withdrawn from a well within two miles of the constructed underground storage facility where replenishment occurred. 2. groundwater withdrawn and served by a water provider within the water provider's service area and a portion of the service area is located within two miles of the constructed underground storage facility where the replenishment occurred. D. The director shall treat REPLENISHMENT credits as GROUNDWATER AND NOT as stored water. E. Notwithstanding any other law, the director may issue a permit to an underground storage facility solely for the storage of stormwater as provided in this section or for [E. Notwithstanding any other law, the director may issue a permit to an underground storage facility solely for the storage of stormwater as provided in this section or for a combination of water sources.END_STATUTE |
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| 82 | 92 | | |
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| 83 | 93 | | 2. The applicant has applied for any water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law. |
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| 84 | 94 | | |
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| 85 | 95 | | 3. The water storage will occur at a permitted storage facility. |
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| 86 | 96 | | |
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| 87 | 97 | | C. In addition to the requirements of subsection B of this section, if the applicant has applied for a water storage permit to store water at a groundwater savings facility, the director shall not issue the water storage permit unless the applicant has agreed in writing to comply with the plan by which the quantity of groundwater saved at the facility will be proved each year. |
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| 88 | 98 | | |
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| 89 | 99 | | D. If the director issues a water storage permit, the director may make, if possible, the following determinations: |
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| 90 | 100 | | |
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| 91 | 101 | | 1. Whether the water to be stored is water that cannot reasonably be used directly by the applicant and otherwise meets the requirements of section 45-852.01 for long-term storage credits. |
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| 92 | 102 | | |
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| 93 | 103 | | 2. If use of the water to be stored is appurtenant to a particular location, and if so, where the water may be legally used after recovery. Any determination made by the director for purposes of this subsection regarding the validity, nature, extent or relative priority of a water right claimed by the applicant or another person is not binding in any other administrative proceeding or in any judicial proceeding. |
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| 94 | 104 | | |
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| 95 | 105 | | E. The director may issue a water storage permit for a period of not more than fifty years, except that: |
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| 96 | 106 | | |
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| 97 | 107 | | 1. On request of the holder of the permit, the director may renew the permit if the director determines that the requirements of subsection B of this section apply and, if the requirement of subsection C of this section applied at the time of issuance, that the requirement of subsection C of this section applies at the time of renewal. |
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| 98 | 108 | | |
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| 99 | 109 | | 2. Subject to the provisions of this chapter, the holder of long-term storage credits earned pursuant to the permit may recover the water over a period longer than the duration of the permit. |
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| 100 | 110 | | |
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| 101 | 111 | | F. The holder of a water storage permit may apply to the director for approval to convey the permit to another person. The director may approve the conveyance if the director determines that the person to whom the permit is to be conveyed and the water storage will continue to meet the applicable requirements of this section. If long-term storage credits accrued pursuant to the water storage permit are being assigned pursuant to section 45-854.01 with the water storage permit, the director shall be given notice of the impending assignment of long-term storage credits at the time the holder of the water storage permit applies to convey the permit. |
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| 102 | 112 | | |
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| 103 | 113 | | G. A person who holds a water storage permit may apply to the director on a form approved by the director for a modification of that water storage permit. The director may modify the permit within twenty days of after receiving the application without complying with section 45-871.01 if all of the following apply: |
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| 104 | 114 | | |
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| 105 | 115 | | 1. The holder of the storage facility permit with which the water storage permit is affiliated has consented to the modification. |
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| 106 | 116 | | |
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| 107 | 117 | | 2. The modification to the water storage permit does not require a modification of the affiliated water storage facility permit. |
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| 108 | 118 | | |
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| 109 | 119 | | 3. The only modification requested is to add an amount of Colorado river water as a type of water to be stored under the water storage permit. |
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| 110 | 120 | | |
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| 111 | 121 | | 4. Water storage of Colorado river water has previously been permitted at the affiliated storage facility. |
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| 112 | 122 | | |
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| 113 | 123 | | 5. The person requesting the modification has the right to use the Colorado river water. |
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| 114 | 124 | | |
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| 115 | 125 | | H. A water storage permit shall include the following information: |
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| 116 | 126 | | |
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| 117 | 127 | | 1. The name and mailing address of the person to whom the permit is issued. |
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| 118 | 128 | | |
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| 119 | 129 | | 2. The storage facility where the water storage will occur and the name of the active management area, irrigation non-expansion area, groundwater basin or groundwater sub-basin subbasin, as applicable, in which that facility is located. |
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| 120 | 130 | | |
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| 121 | 131 | | 3. The maximum annual amount of water that may be stored. |
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| 122 | 132 | | |
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| 123 | 133 | | 4. If the applicable finding of subsection D of this section has been made, whether the water to be stored is water that cannot reasonably be used directly by the applicant. |
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| 124 | 134 | | |
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| 125 | 135 | | 5. If the applicable finding of subsection D of this section has been made, any restrictions on where the water to be stored may legally be used. |
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| 126 | 136 | | |
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| 127 | 137 | | 6. Other conditions consistent with this chapter. |
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| 128 | 138 | | |
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| 129 | 139 | | 7. The duration of the permit. |
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| 130 | 140 | | |
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| 131 | 141 | | I. If the water storage will occur at a groundwater savings facility, the water storage permit shall include, in addition to the information required by subsection H of this section, the requirements of the plan by which the quantity of groundwater saved at the storage facility will be proved each year. |
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| 132 | 142 | | |
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| 133 | 143 | | J. If the director of the department of water resources decides to issue a water storage permit and the applicant has not received a water quality permit required by the department of environmental quality under title 49, chapter 2, article 3 and by federal law, the director of the department of water resources shall make receipt of the water quality permit a condition of the water storage permit and the holder of the water storage permit shall not store water until receiving the water quality permit. END_STATUTE |
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| 134 | 144 | | |
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| 135 | 145 | | Sec. 2. Title 45, chapter 3.1, article 3, Arizona Revised Statutes, is amended by adding section 45-837.01, to read: |
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| 136 | 146 | | |
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| 151 | | - | E. Notwithstanding any other law, the director may issue a permit to an underground storage facility solely for the storage of stormwater as provided in this section or for a combination of water sources. |
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| 152 | | - | |
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| 153 | | - | F. THE STORAGE OF STORMWATER PURSUANT TO THIS SECTION shall NOT AFFECT, INFRINGE ON OR INTERFERE WITH VESTED OR EXISTING RIGHTS TO THE USE OF WATER. |
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| 154 | | - | |
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| 155 | | - | G. FOR THE PURPOSES OF THIS SECTION, "STORMWATER": |
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| 156 | | - | |
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| 157 | | - | 1. Means water that has been collected in a system designed to carry rainfall RUNOFF FROM STREETS, SIDEWALKS, GUTTERS AND OTHER IMPERVIOUS SURFACES, INCLUDING THOSE IN SUBDIVISIONS, TO A LOCATION WHERE THE WATER IS RETAINED. |
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| 158 | | - | |
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| 159 | | - | 2. DOES NOT INCLUDE SURFACE WATER as defined in section 45-101, EFFLUENT as defined in section 45-101, INCIDENTAL RECHARGE AS DEFINED IN SECTION 45-561 OR NET NATURAL RECHARGE AS DEFINED IN SECTION 48-4401.END_STATUTE |
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| 161 | + | E. Notwithstanding any other law, the director may issue a permit to an underground storage facility solely for the storage of stormwater as provided in this section or for [E. Notwithstanding any other law, the director may issue a permit to an underground storage facility solely for the storage of stormwater as provided in this section or for a combination of water sources.END_STATUTE |
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