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Arizona Revised Statutes Title 45. Waters § 45-470. Use of type 1 non-irrigation grandfathered right by original owner; definition

Current as of January 01, 2025 | Updated by Findlaw Staff

A. Except as provided in § 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 § 45-463 or 45-469 may:

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 Use groundwater withdrawn pursuant to the right for any non-irrigation use: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,  1 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 § 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 § 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 § 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 § 45-463 and any person or entity that holds such land under the same ownership as defined by § 45-461.

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

1 Sections 45-541 et seq. and 45-551 et seq.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 45. Waters § 45-470. Use of type 1 non-irrigation grandfathered right by original owner; definition - last updated January 01, 2025 | https://codes.findlaw.com/az/title-45-waters/az-rev-st-sect-45-470/

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