45-2603. Establishment of Gila river
maintenance area and Gila river maintenance area impact zone;
notice of intention to drill


A. The Gila river maintenance area is established on the effective date of this
section. The boundaries of the Gila river maintenance area are shown on the map that is
dated July, 2002 and that is on file in the department. The map shall be available for
examination by the public during regular business hours.


B. The Gila river maintenance area impact zone is established on the effective date
of this section. The boundaries of the Gila river maintenance area impact zone are shown
on the map that is dated July, 2002 and that is on file in the department.


C. If a proposed well will withdraw water within the Gila river maintenance area
impact zone established under subsection B of this section, as determined pursuant to
section 45-2641, subsection A, and the water will be used to irrigate lands within the
Gila river maintenance area established under subsection A of this section and outside of
Cochise county, the notice of intention to drill filed pursuant to section 45-596 shall
include one of the following:


1. Proof that the lands to be irrigated were irrigated with water from any source
at any time from January 1, 2000 through the effective date of this section.


2. Proof that the irrigation is allowed under the exemptions prescribed in section
45-2641, subsection B, paragraph 1, 2 or 4.