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:

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Terms Used In Arizona Laws 45-470

  • 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
  • Convey: means to transfer the ownership of a grandfathered right from one person to another. See Arizona Laws 45-402
  • Date of the designation of the active management area: means :

    (a) With respect to an initial active management area, June 12, 1980. See Arizona Laws 45-402

  • Development plan: means a plan for the non-irrigation use of land in connection with which land has been or will be retired from irrigation for the bona fide purpose of conserving or using water for such non-irrigation use which would otherwise be used to irrigate the retired land. See Arizona Laws 45-461
  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • Effluent: means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to Title 49, Chapter 2. 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
  • Irrigate: means to apply water to 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

  • Owner: means :

    (a) With respect to an irrigation grandfathered right or a type 1 non-irrigation grandfathered right, the owner of the land to which the right is appurtenant. See Arizona Laws 45-461

  • 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
  • Private water company: 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, any entity that distributes or sells groundwater, except a political subdivision or an entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. See Arizona Laws 45-402

  • Same ownership: means ownership by the same person or entity or by successor persons or entities as a result of succession to heirs and personal representatives, corporate and partnership reorganizations, mergers, dissolutions, divestitures, partnerships, partitions, joint ventures, foreclosures, receivership or bankruptcy, purchase of capital stock, sale pursuant to United States Code, title 11, or similar succession, but not by outright sale to a bona fide purchaser for value where no portion of or beneficial interest in the successor in interest is retained by the original owner, its shareholders, partners, limited partners or beneficiaries. See Arizona Laws 45-461
  • Service area: means :

    (a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:

    (i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402

  • town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
  • Transportation: means the movement of groundwater from the point of withdrawal to the point of use. See Arizona Laws 45-402

1. Use groundwater withdrawn pursuant to the right for any non-irrigation use:

(a) On the land to which the right is appurtenant.

(b) On any other land, subject to the provisions governing transportation of groundwater in articles 8 and 8.1 of this chapter, except that, if the land to which the right is appurtenant is included within the exterior boundaries of the service area of a city, town or private water company, use groundwater on other land only if the use on other land was commenced prior to the date of the designation of the active management area or is pursuant to a development plan filed with the director prior to the inclusion of the land within the exterior boundaries of the service area of the city, town or private water company.

2. Pursuant to section 45-473, convey retired irrigated land with the appurtenant type 1 non-irrigation grandfathered right. Any land not conveyed shall retain its appurtenant type 1 non-irrigation grandfathered right.

B. The original owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 shall not withdraw or use groundwater pursuant to the portion of the type 1 non-irrigation grandfathered right that is appurtenant to land which the original owner may irrigate with effluent under section 45-452, subsection J.

C. For the purposes of this section, "original owner" means:

1. The person who acquired and retired land from irrigation prior to the date of the designation of the active management area pursuant to section 45-463 and any person or entity that holds such land under the same ownership as defined by section 45-461.

2. The person who retires legally irrigated land after the date of the designation of the active management area pursuant to section 45-469 and any person or entity that holds such land under the same ownership as defined by section 45-461.

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