45-2401

45-2401. Declaration of policy and
purpose

A. The legislature finds that this state is currently and temporarily
underutilizing both the entitlement to Colorado river water confirmed to it by the United
States supreme court in Arizona v. California, 373 U.S. 546 (1963), and the central
Arizona project, which has the capacity to divert into this state a significant portion
of this state's entitlement to Colorado river water. The legislature further finds that,
due to the low priority on the Colorado river of the central Arizona project and other
Arizona Colorado river water users, the susceptibility of this state to future shortages
of water on the Colorado river is a threat to the general economy and welfare of this
state and its citizens.

B. The legislature further finds that water users within the central Arizona
project service area also rely on other surface water supplies, that these supplies are
susceptible to future shortages of water and that these shortages are a threat to the
general economy and welfare of this state and its citizens.

C. The legislature further finds that future water needs in the states of
California and Nevada could exceed the entitlements of those states to Colorado river
water. Those future water needs could thereby affect the general economy and welfare of
this state and its citizens because of the close economic ties among Arizona, California
and Nevada.

D. The legislature further finds that Arizona water users could more efficiently
manage, distribute and use available water resources through the storage of water
supplies and through stored water lending arrangements, but that not all of these Arizona
water users have the opportunities or resources needed to store water or enter into
stored water lending arrangements.

E. The legislature further finds that for the purposes of this chapter diverting
Colorado river water for storage off of the Colorado river system is a consumptive use of
that water.

F. The legislature further finds that water banking is complimentary and compatible
with existing water management efforts. The Arizona water banking authority will
compliment and assist the activities of the central Arizona water conservation district
in its mission to provide a dependable and cost-effective water supply.

G. The legislature therefore finds that it is in the best interest of the general
economy and welfare of this state and its citizens to:

1. Use the central Arizona project to store otherwise unused Arizona entitlement to
Colorado river water within this state to meet future water needs within this state.

2. Provide the opportunity to the states of California and Nevada to store
currently unused Colorado river water in Arizona to meet future needs in those states.

3. Provide the opportunity to facilitate the storage of water and stored water
lending arrangements by entities in Arizona that may not have the opportunities or
resources needed to store water.

4. Provide the opportunity to facilitate the settlement of Indian water rights
claims by delivering and storing water.

H. The public policy and general purposes of this chapter are to:

1. Increase utilization of Arizona's Colorado river entitlement that was confirmed
to Arizona by the United States supreme court in article ii(b)(1), (2) and (6) of the
decree entered at Arizona v. California, 376 U.S. 340 (1964), and that would otherwise be
unused in Arizona, by delivering that water into this state through the central Arizona
project aqueducts.

2. Store water brought into this state through the central Arizona project to
protect Arizona municipal and industrial water users against future water shortages on
the Colorado river and disruptions of operation of the central Arizona project.

3. Store water brought into this state through the central Arizona project to
fulfill the water management objectives of this state set forth in chapter 2 of this
title.

4. Provide the opportunity for storing water brought into this state through the
central Arizona project to be available to implement the settlement of water right claims
by Indian communities within Arizona.

5. Provide the opportunity to authorized agencies in the states of California and
Nevada to store otherwise unused Colorado river water in Arizona to assist those states
in meeting future water needs.

6. Provide the opportunity to facilitate the storage of water and stored water
lending arrangements by entities in Arizona that may not have the opportunities or
resources needed to store water.