45-1021

45-1021. Enrollment of water exchange
contracts; fee

A. A water exchange contract may be enrolled by any party to the contract by filing
a statement of water exchange contract with the director and complying with all of the
following requirements:

1. The water exchange contract was in effect before January 1, 1992 and, if
originally oral, is reduced to writing before December 31, 1994.

2. A water exchange actually was made after January 1, 1982 pursuant to the
contract unless the water to be exchanged by one of the parties is central Arizona
project water for which a subcontract was not offered by the secretary of the interior by
January 1, 1992.

3. Each statement of water exchange contract is filed on a separate prescribed form
not later than December 31, 1994.

4. Each statement of water exchange contract includes a description of the legal
basis for acquiring and using the water subject to the water exchange.

5. If the water exchange involves water pumped from wells, each statement of water
exchange contract includes the well registration numbers of the wells pumping water
pursuant to the exchange.

6. A copy of the water exchange contract is attached to the statement of water
exchange contract.

7. Each blank in the prescribed form is completed legibly with the required
information pursuant to instructions furnished by the director.

8. The statement of water exchange contract is certified as true under penalty of
perjury.

9. The prescribed form is accompanied by a filing fee in an amount to be determined
by rule by the director to cover the cost of administering this article.

B. The director shall not accept a statement of water exchange contract that does
not meet all of the requirements of subsection A of this section. If the director
determines that a statement of water exchange contract fails to meet these requirements,
the director shall return it to the sender within ninety days specifying the deficiencies
in the statement and providing the sender with sixty days within which to revise or
supplement the statement in order to meet the requirements. The director may reject a
revised or supplemented statement if, on resubmittal, it is still deficient. In such
case, the director shall provide the sender an additional sixty days in which to further
revise or supplement the statement. The director shall not accept a revised or
supplemented statement of water exchange contract after June 30, 1995.

C. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees
received under this section in the water resources fund established by section 45-117.