Arizona Laws 45-476. Application for certificate of grandfathered right
A. Except as provided in Section 45-476.01, a person claiming the right to withdraw or receive and use groundwater pursuant to a grandfathered right shall file an application for a certificate of grandfathered right with the department not later than fifteen months after the date of the designation of the active management area on a form provided by the department.
Terms Used In Arizona Laws 45-476
- 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
- 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 transfer or transportation of groundwater. See Arizona Laws 45-461
- 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
- Department: means the department of water resources. See Arizona Laws 45-101
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Irrigation grandfathered right: means a grandfathered right determined pursuant to section 45-465. 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
- replenishment district: means a district that is established pursuant to Title 48, Chapter 27. 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
- Subsequent active management area: means an active management area established after June 12, 1980 pursuant to article 2 of this chapter. 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
B. The application for a certificate of grandfathered right not based upon prior proceedings on a certificate of exemption shall include the following:
1. The name and mailing address of the applicant.
2. The name of the active management area within which the withdrawal of groundwater pursuant to the claimed grandfathered right is being or has been made.
3. If the application is for a type 1 non-irrigation grandfathered right:
(a) The legal description and a map of the retired irrigated land in respect of which the right is claimed.
(b) The date when the irrigated land was retired.
(c) Such evidence as the director shall require that the retired irrigated land has been held under the same ownership since it was retired and that a development plan for the proposed non-irrigation use existed at the time the land was retired.
(d) If in a subsequent active management area, the amount of groundwater used per acre for the retired irrigated land each year during the five years preceding the time the land was retired.
(e) Whether the well from which the water will be withdrawn is located in a groundwater replenishment district.
4. If the application is for a type 2 non-irrigation grandfathered right:
(a) The maximum amount of groundwater legally withdrawn from land owned by the applicant and used in any one year during the five years preceding the date of the designation of the active management area.
(b) If the person withdrawing groundwater from the land owned by the applicant has made an application for a type 1 non-irrigation grandfathered right, a copy of the application.
5. If the application is for an irrigation grandfathered right:
(a) The legal description and a map of all land owned by the applicant which was legally irrigated at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the designation of the active management area for subsequent active management areas and the highest number of acres legally irrigated with groundwater at one time in any one year during the five-year period.
(b) The type of crops grown on such land and the cropping patterns used during the five-year period.
(c) The irrigation methods and devices currently being used in the irrigation of such land.
6. The location of each well from which groundwater is being or has been withdrawn by the applicant to irrigate such land.
7. The sworn statement that the information contained in the application is true and correct to the best knowledge and belief of the applicant.
8. Any other information the director may require.
C. A person or his successor claiming the right to use groundwater pursuant to a grandfathered right, described in whole or in part by a certificate of exemption, shall file an application for a certificate of grandfathered right as provided in subsection D of this section and shall automatically be entitled to a certificate or certificates of grandfathered right for the portion of the grandfathered right claimed which is evidenced by the certificate of exemption or established by the proceedings on the certificate of exemption. Notice of the application is not required and hearings shall not be held. If the applicant claims grandfathered rights in addition to the amount of use described in the certificate of exemption, application for such additional amount shall be made pursuant to subsection B of this section, and such application is subject to the notice, objection and hearing provisions applicable to applications made pursuant to that subsection.
D. The application for a certificate of grandfathered right based upon prior proceedings upon an application for a certificate of exemption shall include the following:
1. The name and mailing address of the applicant.
2. The name of the active management area within which the withdrawal of groundwater pursuant to the claimed grandfathered right is being or has been made.
3. The total amount of groundwater to be withdrawn annually under the certificate of exemption.
4. The number of retired irrigated acres described in the application for a certificate of exemption.
5. Such evidence as the director shall require that the retired irrigated land has been held under the same ownership since it was retired.
6. The number of the certificate of exemption and a copy of the certificate of exemption.
7. The sworn statement that the information contained in the application is true and correct to the best knowledge and belief of the applicant.
8. Any other information the director may require.