Arizona Laws 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:
Terms Used In Arizona Laws 45-474
- 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
- 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
- Initial active management area: means the Phoenix, Prescott or Pinal active management area established by section 45-411, the Tucson active management area established by section 45-411 and modified by Section 45-411. 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
- 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
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 processing use.
2. A type 2 non-irrigation grandfathered right that is used for purposes of electrical energy generation may be conveyed only for an electrical energy generation use.
3. A type 2 non-irrigation grandfathered right in a subsequent active management area that is used for purposes of demonstrating and providing an assured water supply pursuant to section 45-576 in an initial active management area may be conveyed only for the same use and only with the approval of the director. The director shall not withhold approval of a conveyance under this paragraph if the right is no longer needed to provide the assured water supply that it was used to demonstrate.
B. A type 2 non-irrigation grandfathered right may not be conveyed for an irrigation use.
C. If a type 2 non-irrigation grandfathered right is conveyed, the full amount of the right is conveyed.