Arizona Laws 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 the holder is using to withdraw groundwater for irrigation use on the certificated acres and use the groundwater pursuant to subsections B and C of this section if both of the following apply:
Terms Used In Arizona Laws 45-465.03
- Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Grandfathered right: means a right to withdraw and use groundwater pursuant to article 5 of this chapter based on the fact of lawful withdrawals and use of groundwater before the date of the designation of an active management area. See Arizona Laws 45-402
- Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
- Irrigation grandfathered right: means a grandfathered right determined pursuant to section 45-465. See Arizona Laws 45-402
- Irrigation use: 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, the use of groundwater on two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such terms are defined in section 3-1201. See Arizona Laws 45-402
- Non-irrigation grandfathered right: means a grandfathered right determined pursuant to section 45-463, 45-464, 45-469 or 45-472. See Arizona Laws 45-402
- Non-irrigation use: 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, a use of groundwater other than an irrigation use. 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
- Well: means a man-made opening in the earth through which water may be withdrawn or obtained from beneath the surface of the earth except as provided in Section 45-591. See Arizona Laws 45-402
1. As of June 12, 1980 groundwater withdrawn from the well or wells was being used for domestic purposes or stockwatering.
2. No certificate of type 2 non-irrigation grandfathered right has been issued by the director based in whole or in part on the withdrawals for domestic purposes or stockwatering.
B. Groundwater withdrawn pursuant to this section may be used only:
1. On the same land on which groundwater withdrawn from the well or wells was being used for domestic purposes or stockwatering as of June 12, 1980.
2. For the same purpose for which groundwater withdrawn from the well or wells was being used as of June 12, 1980.
C. If groundwater withdrawn pursuant to this section is used for domestic purposes and stockwatering, the aggregate quantity of groundwater withdrawn for those purposes shall not exceed ten acre-feet per year.
D. For purposes of this section, a replacement well in the same location or a replacement well in a new location shall be considered to be the same well as the well being used as of June 12, 1980.
E. If the withdrawals for domestic purposes or stockwatering are separately measured with a water measuring device approved by the director pursuant to section 45-604, the withdrawals are exempt from the conservation requirements for non-irrigation uses established in the management plans adopted pursuant to article 9 of this chapter.
F. If the withdrawals for domestic purposes or stockwatering are not separately measured with a water measuring device approved by the director pursuant to section 45-604, the withdrawals shall be deemed to be withdrawals for irrigation use on the certificated acres for purposes of determining debits and credits to the flexibility account established pursuant to section 45-467 and for purposes of reporting the use to which the groundwater was applied in the annual reports required by section 45-632.
G. The right to withdraw and use groundwater pursuant to this section is an incident of an irrigation grandfathered right and may be leased or conveyed with the irrigation grandfathered right.
H. If an irrigation grandfathered right is retired or conveyed for a non-irrigation use, the right to withdraw and use groundwater pursuant to this section is extinguished.
I. For purposes of this section:
1. "Certificated acres" means the acres described on the certificate of irrigation grandfathered right.
2. "Domestic purposes" means uses related to the supply, service and activities of households and private residences. Domestic purposes does not include the application of water to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such terms are defined in section 3-1201.
3. "Stockwatering" means watering livestock, range livestock or poultry, as such terms are defined in section 3-1201.