49-210. Water quality fee fund; appropriation;
exemption; monies held in trust


A. The water quality fee fund is established consisting of monies appropriated by
the legislature and fees received pursuant to sections 49-104, 49-203, 49-241, 49-242,
49-255.01, 49-332 and 49-353. The director shall administer the fund.


B. Monies in the fund are subject to annual legislative appropriation to the
department for water quality programs. Monies in the fund are exempt from the provisions
of section 35-190 relating to lapsing of appropriations.


C. On notice from the director, the state treasurer shall invest and divest monies
in the fund as provided by section 35-313, and monies earned from investment shall be
credited to the fund.


D. Monies in the water quality fee fund shall be used for the following purposes:


1. The issuance of aquifer protection permits pursuant to section 49-241.


2. The aquifer protection permit registration fee procedures pursuant to section
49-242.


3. Dry well registration fee procedures pursuant to section 49-332.


4. Technical review fee procedures pursuant to section 49-353.


5. Inspection fee procedures pursuant to section 49-104, subsection C.


6. The issuance of permits under the Arizona pollutant discharge elimination system
program pursuant to section 49-255.01.


E. Any fee, assessment or other levy that is authorized by law or administrative
rule and that is collected and deposited in the water quality fee fund shall be held in
trust. The monies in the fund may be used only for the purposes prescribed by statute and
shall not be appropriated or transferred by the legislature to fund the general
operations of this state or to otherwise meet the obligations of the general fund of this
state. This subsection does not apply to any taxes or other levies that are imposed
pursuant to title 42 or 43.