45-543

45-543. Transportation between sub-basins or
away from an active management area; damages; non-irrigation
grandfathered right not associated with retired irrigated land;
service area withdrawals; permit; exempt well

A. Groundwater may be transported between sub-basins of an active management area
or away from an active management area, subject to payment of damages, if the groundwater
is withdrawn:

1. Pursuant to a type 2 non-irrigation grandfathered right, except that groundwater
withdrawn pursuant to a type 2 non-irrigation grandfathered right may not be transported
away from the Pinal active management area to another initial active management area for
the purpose of demonstrating and providing an assured water supply.

2. By a city, town or private water company within its service area and transported
within its service area, except that groundwater withdrawn by a city, town or private
water company within its service area may not be transported away from the Pinal active
management area.

3. By an irrigation district within its service area and transported within its
service area.

4. Pursuant to a groundwater withdrawal permit.

5. From an exempt well.

B. Groundwater that is withdrawn by a city, town or private water company within
its service area may be transported pursuant to a delivery contract authorized by section
45-492, subsection C between sub-basins of an active management area and shall be subject
to payment of damages unless the groundwater is withdrawn pursuant to a type 1
non-irrigation grandfathered right.

C. Groundwater that is withdrawn and transported to an active management area
pursuant to article 8.1 of this chapter may be transported between sub-basins of the
active management area without payment of damages.