A certificate of grandfathered right shall be issued in recordable form and shall contain:

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Terms Used In Arizona Laws 45-481

  • 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
  • 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
  • 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  • Well: means a man-made opening in the earth through which water may be withdrawn or obtained from beneath the surface of the earth except as provided in Section 45-591.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. The name and mailing address of the person to whom the certificate is issued.

2. The active management area in which the withdrawal of groundwater is being or will be made.

3. The type of grandfathered right represented by the certificate.

4. If the certificate is for a type 1 non-irrigation grandfathered right, the amount of the right and the legal description of the retired irrigated land to which the right is appurtenant.

5. If the certificate is for a type 2 non-irrigation grandfathered right, the amount of the right.

6. If the certificate is for an irrigation grandfathered right, the legal description of the irrigable land to which the right is appurtenant.

7. Where applicable, the location of each well from which groundwater is being withdrawn pursuant to the right at the time the certificate is issued.

8. Such other pertinent information as the director may determine.