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Current as of January 01, 2025 | Updated by Findlaw Staff
A. The owner of a type 2 non-irrigation grandfathered right may convey the right for any non-irrigation use, except that:
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 § 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.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 45. Waters § 45-474. Conveyance of type 2 non-irrigation grandfathered right; amount - last updated January 01, 2025 | https://codes.findlaw.com/az/title-45-waters/az-rev-st-sect-45-474/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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