ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
NATURAL RESOURCES, ENERGY
& WATER COMMITTEE
DATE: March 19, 2024
SUBJECT: Strike everything amendment to H.B. 2131, relating to state land
Purpose
Outlines requirements of the Director of the Arizona State Land Department (ASLD)
regarding agricultural lessees of state lands.
Background
All state lands are subject to lease as provided for a term of up to 10 years for agricultural,
commercial and homesite purposes, without advertising. The leases must be granted according to
the Arizona Constitution, the law and the rules of the ASLD. Each lease must be granted if an
application is submitted, and the ASLD must prepare and furnish the application forms (A.R.S.
§ 37-281).
Agricultural operations conducted on farmland that are consistent with good agricultural
practices and established before surrounding nonagricultural uses are presumed to be reasonable
and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect
on the public health and safety. A city, town, county, special taxing district or other political
subdivision of Arizona may not declare an agricultural operation conducted on farmland to be a
nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and
necessary to the agriculture industry (A.R.S. § 3-112).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the Director of the ASLD to:
a) require agricultural lessees of state lands to comply with generally accepted farming
practices on state lands, including the use of fertilizers and prescribed soil amendments and
adopted rules; and
b) entitle agricultural lessees of state lands that are presumed reasonable to renew a lease
unless the state lands are sold or leased to the highest and best bidder at public auction as
prescribed.
2. Becomes effective on the general effective date.
RACHEL ANDREWS
LEGISLATIVE RESEARCH ANALYST
NATURAL RESOURCES, ENERGY & WATER
COMMITTEE
Telephone: (602) 926-3171