45-461. Definitions In this article, unless the context otherwise requires: 1. " Certificate of exemption" means a certificate which was issued by the state land department or Arizona water commission under prior statutory law for the purpose of describing specific uses and amounts of water which could not be enjoined if found to constitute the […]
45-462. Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use A. In an active management area, a person who was legally withdrawing and using groundwater as of the date of the designation of the active management area or who owns land legally entitled to be irrigated with groundwater as determined pursuant to […]
45-463. Type 1 non-irrigation grandfathered right associated with retired irrigated land; appurtenancy; ownership A. In an initial active management area, a person who owns land which was legally entitled to be irrigated with groundwater and who retired such land from irrigation after January 1, 1965 but prior to the date of the designation of the […]
45-464. Type 2 non-irrigation grandfathered right not associated with retired irrigated land; determination of amount; definition; ownership A. In an active management area, a person who owns land from which groundwater was being legally withdrawn and used for a non-irrigation purpose as of the date of the designation of the active management area has the […]
45-465. Irrigation grandfathered right; determination of acres entitled to and amount; appurtenancy A. In an active management area, a person who owns land which was legally irrigated in whole or in part with groundwater at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the […]
45-465.01. Flood damaged acres; substitution of acres; definition A. A person who owns acres of land within an initial active management area which were legally irrigated at any time during the five years preceding January 1, 1980 and which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 […]
45-465.02. Impediments to efficient irrigation; substitution of acres; definitions A. A person who owns acres of land described on a certificate of irrigation grandfathered right which have not been retired from irrigation for a non-irrigation use under section 45-463 or 45-469 may apply to the director to permanently retire a portion of those acres from […]
45-465.03. Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions A. In an initial active management area, a person who holds a certificate of irrigation grandfathered right has the right to withdraw annually up to ten acre-feet of groundwater for domestic purposes or stockwatering from a well or wells […]
45-465.04. Use of groundwater to water plants in containers as non-irrigation use; right to use groundwater withdrawn pursuant to irrigation grandfathered right to water plants in containers; definition A. The use of groundwater to water plants in containers on or above the surface of the ground is a non-irrigation use in an active management area. […]
45-466. Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty A. The irrigation water duty shall be used to determine the maximum amount of groundwater which may be used pursuant to section 45-465, subsection B and debits and credits to the flexibility account as set forth in section […]
45-467. Withdrawals in excess of irrigation grandfathered right; withdrawals less than irrigation grandfathered right; flexibility account; conveyances; variance; exemption A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right may: 1. In an active management area other than the Santa Cruz active management area, use groundwater in excess of the […]
45-468. Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses A. A person delivering a combination of surface water or effluent, or both, and groundwater for irrigation uses shall prior to the beginning of each accounting period estimate the amount of groundwater that will be withdrawn and delivered […]
45-469. Right to retire irrigation grandfathered right for non-irrigation use; development plan approval; amendment of plan; approval of plan prior to retirement; amount withdrawn; service area determined; restoration of retired irrigation grandfathered right A. Except as provided in section 45-480, subsection F and subsection P of this section, except as provided in subsection I of […]
45-470. Use of type 1 non-irrigation grandfathered right by original owner; definition A. Except as provided in section 45-469, subsection I, or as provided in subsection B of this section, the original owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 may: 1. Use groundwater withdrawn pursuant to the right […]
45-471. Use of type 2 non-irrigation grandfathered right by owner A. The owner of a type 2 non-irrigation grandfathered right pursuant to section 45-464 may use groundwater withdrawn pursuant to the right for any non-irrigation purpose at any location, subject to the provisions governing transportation of groundwater in article 8 of this chapter, except that, […]
45-472. Conveyance of irrigation grandfathered right; within service area; outside service area; change to non-irrigation grandfathered right; forfeiture of right to convey to non-irrigation use; definition A. The owner of an irrigation grandfathered right may convey the right only with the land to which the right is appurtenant. B. If the land to which an […]
45-473. Conveyance of type 1 non-irrigation grandfathered right; use by new owner; appurtenancy; within service area; outside service area; definition A. The owner of a type 1 non-irrigation grandfathered right may convey the right only for a non-irrigation use and only with the land to which it is appurtenant. For purposes of this section, a […]
45-473.01. Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473 A person to whom an irrigation grandfathered right is conveyed for a non-irrigation use after the effective date of this section pursuant to section 45-472 or a person to whom a type 1 non-irrigation grandfathered right is conveyed after the […]
45-474. Conveyance of type 2 non-irrigation grandfathered right; amount A. The owner of a type 2 non-irrigation grandfathered right may convey the right for any non-irrigation use, except that: 1. A type 2 non-irrigation grandfathered right that is used for purposes of mineral extraction or processing may be conveyed only for a mineral extraction or […]
45-475. Determination of exterior boundaries of service area for purposes of conveyances For purposes of conveyances of irrigation grandfathered rights and type 1 non-irrigation grandfathered rights, whether land to which the right is appurtenant is within the exterior boundaries of the service area of a city, town or private water company shall be determined as […]
