Arizona SB 1386: watershed health; survey; use

Bill Text

SB1386 - 572R - I Ver 

 REFERENCE TITLE: watershed health; survey; use

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1386

 Introduced by 

 Senator 
 Sundareshan

AN 
ACT

amending sections 45-101, 45-105, 45-151, 
45-152.01 and 45-172, Arizona Revised Statutes; relating to waters.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-101, Arizona Revised 
Statutes, is amended to read:

START_STATUTE45-101. Definitions

In this title, unless the context otherwise requires:

1. "Appropriator" means the person or 
persons initiating or perfecting the right to use appropriable water based on 
state law, or the person's successor or successors in interest.

2. "Department" means the department of 
water resources.

3. "Director" means the director of water 
resources, who is also the director of the department.

4. "Effluent" means water that has been 
collected in a sanitary sewer for subsequent treatment in a facility that is 
regulated pursuant to title 49, chapter 2. Such water remains 
effluent until it acquires the characteristics of groundwater or surface water.

5. "Groundwater":

(a) Means 
water under the surface of the earth regardless of the geologic structure in 
which it the water is standing or 
moving. Groundwater 

(b) Does 
not include water flowing in underground streams with ascertainable beds and 
banks.

6. "Interstate stream" means any stream 
constituting or flowing along the exterior boundaries of this state, and any 
tributary originating in another state or foreign country and flowing into or 
through this state.

7. "Riparian area":

(a) Means 
a geographically delineated area with distinct resource values, 
that is characterized by deep-rooted plant species that depend on having roots 
in the water table or its capillary zone and that occurs within or adjacent to 
a natural perennial or intermittent stream channel or within or adjacent to a 
lake, pond or marsh bed maintained primarily by natural water 
sources. Riparian area 

(b) Does 
not include areas in or adjacent to ephemeral stream channels, artificially 
created stockponds, man-made storage reservoirs constructed primarily for 
conservation or regulatory storage, municipal and industrial ponds or man-made 
water transportation, distribution, off-stream storage and collection systems.

8. "Sanitary sewer" means any pipe or 
other enclosed conduit that carries, among other substances, any water-carried 
wastes from the human body from residences, commercial buildings, industrial 
plants or institutions.

9. "Surface water" means the waters of all 
sources, flowing in streams, canyons, ravines or other natural channels, or in 
definite underground channels, whether perennial or intermittent, floodwater, 
wastewater or surplus water, and of lakes, ponds and springs on the 
surface. For the purposes of administering this title, surface water 
is deemed to include central Arizona project water.

10. "Watershed health uses" 
means water that is conserved in a natural watercourse and not otherwise used 
and that supports the attributes of watershed health for an individual 
watershed as prescribed in the report required by section 45-105, subsection B. 
END_STATUTE

Sec. 2. Section 45-105, Arizona Revised 
Statutes, is amended to read:

START_STATUTE45-105. Powers and duties of director

A. The director may:

1. Formulate plans and develop programs for the 
practical and economical development, management, conservation and use of 
surface water, groundwater and the watersheds in this state, including the 
management of water quantity and quality.

2. Investigate works, plans or proposals pertaining 
to surface water and groundwater, including management of watersheds, and 
acquire, preserve, publish and disseminate related information the director 
deems advisable.

3. Collect and investigate information on and 
prepare and devise means and plans for the development, conservation and use of 
all waterways, watersheds, surface water, groundwater and groundwater basins in 
this state and of all related matters and subjects, including irrigation, 
drainage, water quality maintenance, regulation of flow, diversion of running 
streams adapted for development in cooperating with the United States or by 
this state independently, flood control, use of water power, prevention of soil 
waste and storage, conservation and development of water for every useful 
purpose.

4. Measure, survey and investigate the water 
resources of this state and their potential development and cooperate and 
contract with agencies of the United States for such purposes.

5. Acquire, hold and dispose of property, including 
land, rights-of-way, water and water rights, as necessary or 
convenient for the performance of the groundwater and water quality management 
functions of the department.

6. Acquire, other than by condemnation, construct, 
improve