45-557. Requirements for transporting
groundwater to an initial active management area; exception


A. Except as provided in subsections B and C of this section:


1. The director shall not consider groundwater that is being or will be withdrawn
in a groundwater basin or sub-basin pursuant to this article or the Pinal active
management area and transported to an initial active management area for purposes of
determining or providing an assured water supply pursuant to section 45-576 if the
groundwater is being or will be used by a city, town or private water company that was
offered but did not sign a central Arizona project water delivery subcontract.


2. A city, town or private water company that has signed a central Arizona project
water delivery subcontract may not use groundwater withdrawn in a groundwater basin or
sub-basin pursuant to this article or the Pinal active management area and transported to
an initial active management area until it has both:


(a) Demonstrated that it has the physical capacity, including the water treatment
plant and delivery system, to accept delivery of ninety-five per cent of its central
Arizona project water entitlement under its central Arizona project water delivery
subcontract.


(b) Accepted delivery of or exchanged eighty per cent or more of the central
Arizona project water available to it under its central Arizona project water delivery
subcontract in at least one of the three years immediately preceding the year it intends
to begin using groundwater transported away from a groundwater basin or sub-basin
pursuant to this article or the Pinal active management area.


B. Subsection A of this section does not apply to groundwater withdrawn in the Big
Chino sub-basin of the Verde river groundwater basin and transported to an adjoining
initial active management area pursuant to section 45-555.


C. Groundwater transported to an adjoining initial active management area pursuant
to section 45-555, subsections E and F shall be deemed to be legally available under the
rules adopted pursuant to section 45-576.