Arizona Revised Statutes

Ariz. Rev. Stat. § 45-108.04 (2026)

Definition of adequate water supply; upper San Pedro water district

✓ current as of May 2026

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For the purposes of section 45-108, if the upper San Pedro water district is established under title 48, chapter 37 for proposed uses in the district, "adequate water supply" means a water supply that complies with all of the following:

1. Sufficient groundwater, surface water or effluent of adequate quality will be continuously, legally and physically available to satisfy the water needs of the proposed use for at least one hundred years.

2. The projected water use is consistent with the goal of the district as set forth in section 48-6403, subsection B and the district's ability to meet the measurable objectives for achieving the goal as included in the district's most recent comprehensive plan, as determined by the director. If the district is established, the director shall adopt rules containing criteria for making determinations under this paragraph and shall consult with the district board in developing the rules.

3. The financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use, including a delivery system and any storage facilities or treatment works. The director may accept evidence of the construction assurances required by section 9-463.01, 11-823 or 32-2181 to satisfy this requirement.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Silver v. Pueblo Del Sol Water Co., 384 P.3d 814 (Ariz. Ct. App. 2016).

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Silver v. Pueblo Del Sol Water Co., 384 P.3d 814 (Ariz. Ct. App. 2016). · cites it 2× “If such a water district had been established, then under A.R.S. § 45-108.04, an applicant for a water supply determination in that area would have been required to demonstrate its projected water use was consistent with USPWD goals, including maintaining the aquifer and base…”

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