ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Dam Construction
Arizona Mining Permitting Guide
Arizona Department of Water Resources (ADWR)
3550 N. Central Avenue
Phoenix, AZ 85012
602-771-8649
www.azwater.gov
PERMITS, AUTHORIZATIONS OR FILINGS:
Construction, Enlargement, Repair, Alteration, or Removal of Dams
LEGAL AUTHORITY:
Chapter 6 of the A.R.S. delineates the responsibility of the Arizona Department of Water
Resources regarding the supervision of dams and reservoirs. A.R.S. § 45-1202 states that
“All dams shall be under the jurisdiction of the director of water resources.”
CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:
A dam is defined in A.R.S. § 45-1201 as:
“Any artificial barrier, including appurtenant works for the impounding or diversion of water
except those barriers for the purpose of controlling liquid borne material, 25 or more feet in
height or the storage capacity of which will be more than 50 acre feet, but does not include
any such barrier which is or will be less than six feet in height, regardless of storage capacity,
or which has or will have a storage capacity not in excess of 15 acre feet, regardless of
height.”
A.R.S. § 45-1202 states that: “It is unlawful to construct, repair, operate, maintain, enlarge,
remove or alter any dam except upon approval of the director.” Application procedures and
inspection procedures during construction are specified in subsequent sections. A.R.S. § 45-
1212.A, states that: “Supervision over maintenance and operation of dams to safeguard life
and property is vested exclusively in the director.” A.R.S. § 45-1212 continues by defining
the ability of the director to enforce remedial actions when a dam is determined to be
dangerous.
JURISDICTIONAL DAMS:
A jurisdictional dam is either 25 feet or greater in height or has capacity to store more than 50
acre-feet, except that:
If a dam is less than six feet in height, regardless of storage capacity, it is exempt and is not
jurisdictional.
If a dam has 15 acre-feet or less of storage capacity, regardless of height, it is exempt and is
not jurisdictional.
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