Arizona Laws 45-437.03. Impediments to efficient irrigation; substitution of acres; definitions
A. In an irrigation non-expansion area, a person who owns acres of land which are contiguous and which may be irrigated pursuant to section 45-437 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres. The director may approve the substitution of acres if the owner demonstrates to the director’s satisfaction that all of the following apply:
Terms Used In Arizona Laws 45-437.03
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Farm: means an area of irrigated land that is under the same ownership, that is served by a water distribution system common to the irrigated land and to which can be applied common conservation, water measurement and water accounting procedures. See Arizona Laws 45-402
- Farm unit: means :
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, one or more farms that are irrigated with groundwater and that are contiguous or in proximity to each other with similar soil conditions, crops and cropping patterns. See Arizona Laws 45-402
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Irrigation district: means a political subdivision, however designated, established pursuant to Title 48, Chapter 17 or 19. See Arizona Laws 45-402
- Irrigation non-expansion area: means a geographical area that has been designated pursuant to article 3 of this chapter as having insufficient groundwater to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of withdrawal. See Arizona Laws 45-402
- Person: means an individual, public or private corporation, company, partnership, firm, association, society, estate or trust, any other private organization or enterprise, the United States, any state, territory or country or a governmental entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state. See Arizona Laws 45-402
1. A limiting condition associated with the acres to be retired from irrigation substantially impedes the implementation of more efficient irrigation practices on the legally irrigated acres.
2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate the implementation of more efficient irrigation practices.
3. The substitute acres are within the same farm unit as the legally irrigated acres that will not be retired.
4. The substitution will not reduce the number of acres of land within the farm unit that are eligible to receive central Arizona project water.
5. If the acres to be retired are located within the exterior boundaries of an irrigation district, the substitute acres will be located within the exterior boundaries of the same irrigation district.
6. The area of land within the substitute acres that is physically capable of being irrigated at the time the application for substitution of acres is filed does not exceed the area of land within the acres to be retired that is physically capable of being irrigated at the time the application for substitution of acres is filed.
B. For purposes of this section:
1. "Legally irrigated acres" means acres of land which are contiguous and which may be irrigated pursuant to section 45-437.
2. "Limiting condition" means any condition that limits the achievement of more efficient irrigation on the legally irrigated acres, including irregularly shaped legally irrigated acres and poor quality soils.