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Central Arizona Project

State Legislation and Regulations

ALIS Online, the electronic database provided by the Arizona State Legislature, is probably the best place to find Arizona Statutes, Bills (for the current session) and Session Laws (for the two most recent Legislatures). By searching under "Central Arizona Project," I found 83 A.R.S. references (some of which are given below), 34 Bills from the 43rd Legislature (1997-1998), a few of which are listed below. You need to have the Chaptered Bills to search through Session Laws. Court decisions can be located through Lexis-Nexis and Westlaw state legislation databases. Print sources for Statutes and Courts can be searched through their respective Indexes.

Arizona Revised Statutes

The A.R.S. index includes "Central Arizona Project" and "Colorado River Water" listings, but other headings to search are "Navigable Waters," "Water Rights," "Water Supply" and "Waters and Water Courses." Most of the items are found in Title 45 Waters, but others include Title 37 Public Lands, Title 41 State Government, Title 42 Taxation, Title 48 Special Taxing Districts and Title 49 The Environment. Lexis-Nexis' ALLCODE and Westlaw's AZ-ST-ANN provides a comprehensive listing of relevant statutes, searching with "Central Arizona Project" and "Colorado River water" (with a qualifier). The following are a sample of the entries in Statutes:

• Title 37 Public Lands, Ch. 1 State Agencies and Officers, Art. 1 State Land Department, Sec. 37-106-01 (see also 1997 cumulative pocket part for added section) allocates power to contract for CAP water for use on state lands, payment of costs; selling unallocated water, and disposition of revenue from the sale of CAP water and water rights (added by Laws 1974, Ch. 143, Sec. 1; amended by Laws 1987, Ch. 104, Sec. 1; Laws 1991, Ch. 76, Sec. 1; Laws 1996, Ch. 121, Sec. 2)

• Title 37 Public Lands, Ch. 2 Administration of State and Other Public Lands, Art. 1 Selection, Sec. 37-202, outlines who sits on the selection board which will determine the distribution of CAP water for the benefit of state trust lands (Laws 1915, 2nd SS, Ch. 5, Sec. 12, 13; Rev. Code 1928 Sec. 2954; Code 1939 Sec. 11-202; Laws 1981, Subsection F relating to CAP added)

• Title 37 Public Lands, Ch. 2 Administration of State and Other Public Lands, Art.13 Segregation of Funds Derived From Lands, Sec. 37-526 establishes the CAP municipal and industrial repayment fund (added by Laws 1987, Ch. 104, Section 2)

• Title 45 Waters, Ch. 1 Administration and General Provisions, Art. 1 Department of Water Resources, Sec. 45-107 provides authorization for the director of the department of water resources in Arizona to consult, advise, and cooperate with the Secretary of the Interior of the United States as regards delivery of water from the Colorado River for use within Arizona (Laws 1962, Ch. 109, Sec. 1; Laws 1971, Ch. 49, Sec. 10; renumbered and amended by Laws 1980, 4th SS, Ch. 1, Sec. 36, eff. 6/10/80; Laws 1994, Ch. 278, Sec. 6; Laws 1996, Ch. 308, Sec. 2, eff. 4/30/1996)

• Title 45 Waters, Ch. 2 Groundwater Code, Secs. 401-701 Arizona Groundwater Management Act of 1980 permits a landowner to remove from irrigation all or a portion of his land and to substitute CAP water on alternative lands of equivalent size (Laws 1983, Ch. 306, Sec. 3, eff. 4/28/83, amended by Laws 1986, Ch. 154, Sec. 5, eff. 4/18/86); see also 45-452 No new irrigated acreage in active management areas; CAP water; exemption

• Title 45 Waters, Ch. 3 Underground Water Storage, Art. 1, Sec. 45-801-01 (in pocket part) Declaration of Policy encourages the use of renewable water supplies, particularly Arizona's entitlement to Colorado River water instead of groundwater, and allows for the use of storage facilities for filtration and distribution of surface water instead of constructing surface water treatment plants and pipeline distribution systems (Laws 1986, Ch. 289, Sec. 14, renumbered by Laws 1987, Ch. 2, Sec. 2, eff. 2/27/87; Laws 1992, Ch. 270, Sec. 12; Laws 1994, Ch. 291, Sec. 66)

• Title 45 Waters, Ch. 10 State Water and Power Plan, Art. 1 In General, Sec. 45-1701 et seq. confirms Arizona's rights to 2,800,000 acre-feet of Colorado River water annually, and states the need to establish, develop and execute an appropriate program for its development and utilization; gives authority to the director of the department of water resources to plan, construct, operate and maintain the CAP or a portion thereof, and calls for coordination between all state officials to provide an efficient and speedy provision of water and power; also authorizes the director to negotiate contracts with water users for the delivery of Colorado River through facilities of the CAP, and for the sale and delivery of water from other sources included in the CAP, including possible exchange of CAP water for other existing supplies; and states that surplus revenues from the CAP will be put into the state water and power development fund

• Title 45 Waters, Ch. 11 County Water Augmentation Authority, Sec. 45-1901 et seq (see also pocket parts) gives authority for the establishment of active management areas if three conditions exist, including that one political subdivision receives Colorado River water through the CAP pursuant to contracts with a multi-county water conservation district

Bills

Only Bills for the current legislature can be found online through ALIS, whereas Session Laws are given for the two most recent ones. To search for these, you need to have the Chaptered Bills. The print versions of the Original Bills are located in the Main UA Library (House KFA 2406 H68, Senate KFA 2406 S46 since 1988, and in Special Collections pre-1988). There is no general index, so you would need to know the Legislature and no. for the Bill. These are found in the House and Senate Journals under the "History of House and Senate Bills" sections. Knowing the Committee under which the bill was debated is important. Alternatively, the number is given through the Session Laws, which provide the law as passed by the legislature (in Main KFA2425 A214 and the Law Library since 1917). These are referenced in the A.R.S. at the end of the statute note.

Some pertinent bills under review in the 43rd Legislature (1997-1998) (from an online search through ALIS) are:

• HB2306 - 431R - H Ver - Aquifer protection permits
• HB2357 - 431R - I Ver - Water banking definitions
• HB2357 - 431R - I Ver Groundwater replinishment and augmentation districts
• SB1137 - 431R - S - Natural Resources, Agriculture & Environment-Adopted

Courts

Arizona Reports provides the Court Rules for the State. It gives the detail of cases argued and determined in the Supreme Court and Court of Appeals by year. Each volume has a subject index for cases it reports on, so you would need to know the year of the case and the name or subject by which it is refered.

The Arizona Digest 2d is a guide to State and Federal cases affecting the Arizona legislature since 1866. It provides references to Arizona Reports, Arizona Appeals Courts, A.L.R., etc., and includes library references to Corpus Juris Secundem, Law Review articles, and other publications. It has several indexes, including the Table of Cases, Defendant-Plaintiff Table, Words and Phrases, and a Descriptive Word Index. I suggest searching for unknown cases by using the latter index, under "Navigable Waters," "Waters and Water Courses," "Public Water Supply," "Public Lands," "Health and Environment," and "Canals."

Arizona Administrative Code (KFA 2935 1974 A23 Reserve)

• Water supplies R9-8
• Water resources R12 (includes groundwater)
• Water utilities R14-2
• Water treatment facilities R18-4
• Water supply systems R18-4
• Water quality R18, R18-7, R18-11 (includes drinking water and surface water)