| 48 | 47 | | |
|---|
| 49 | 48 | | |
|---|
| 50 | 49 | | |
|---|
| 51 | 50 | | |
|---|
| 52 | 51 | | |
|---|
| 53 | 52 | | |
|---|
| 54 | 53 | | |
|---|
| 55 | 54 | | |
|---|
| 56 | 55 | | |
|---|
| 57 | 56 | | |
|---|
| 58 | 57 | | |
|---|
| 59 | 58 | | |
|---|
| 60 | 59 | | |
|---|
| 61 | 60 | | |
|---|
| 62 | 61 | | |
|---|
| 63 | 62 | | |
|---|
| 64 | 63 | | |
|---|
| 65 | 64 | | AN ACT |
|---|
| 66 | 65 | | |
|---|
| 67 | 66 | | |
|---|
| 68 | 67 | | |
|---|
| 69 | 68 | | amending title 45, chapter 2, article 5, Arizona Revised Statutes, by adding section 45-484; RELATING to irrigation grandfathered rights. |
|---|
| 70 | 69 | | |
|---|
| 71 | 70 | | |
|---|
| 72 | 71 | | |
|---|
| 73 | 72 | | |
|---|
| 74 | 73 | | |
|---|
| 75 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 76 | 75 | | |
|---|
| 77 | 76 | | |
|---|
| 78 | 77 | | |
|---|
| 79 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 45, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 45-484, to read: START_STATUTE45-484. Irrigation grandfathered rights; associated water duty; subsequent active management areas; portability; rules A. Notwithstanding any other law, in a subsequent active management area, an owner of an irrigation grandfathered right may use, sell, transfer or lease the irrigation grandfathered right and the water duty that was ASSOCIATED with those acres as provided in this section. B. The owner of an irrigation grandfathered right may choose not to irrigate a set portion of lands attached to the irrigation grandfathered right. The owner may sell, transfer or lease the associated water duty of the acres that are not irrigated to another irrigator in the subsequent active management area. The original owner of the associated water duty may also retain the associated water duty and use the full volume of the associated water duty that is attached to the acres that the owner does not irrigate anywhere on the farm unit. C. A person that receives a sold, leased or transferred associated water duty may use the associated water duty anywhere in the subsequent active management area for irrigation use. The person may further convey the associated water duty. D. An owner of an irrigation grandfathered right that proposes to use, sell, transfer or lease the irrigation grandfathered right and the ASSOCIATED water duty shall notify the director, on a form prescribed and furnished by the director. The form shall include the acres that are not subject to irrigation. If the owner retains the associated water duty for irrigation of the farm unit, the owner shall note what acres are subject to irrigation with the associated water duty. If the owner or the holder conveys the associated water duty to another person, the form shall note the type of conveyance and volume of groundwater that the recipient of the conveyance may use. If the conveyance is for a lease, the form shall note the terms and duration of the lease. All forms shall note the intended acres where an owner or holder will irrigate with the associated water duty. E. The director shall adopt rules, including for the implementation of flexibility accounts or similar accounting methods, to implement this section. END_STATUTE |
|---|
| 80 | 79 | | |
|---|
| 81 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
|---|
| 82 | 81 | | |
|---|
| 83 | 82 | | Section 1. Title 45, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 45-484, to read: |
|---|
| 84 | 83 | | |
|---|
| 85 | 84 | | START_STATUTE45-484. Irrigation grandfathered rights; associated water duty; subsequent active management areas; portability; rules |
|---|
| 86 | 85 | | |
|---|
| 87 | 86 | | A. Notwithstanding any other law, in a subsequent active management area, an owner of an irrigation grandfathered right may use, sell, transfer or lease the irrigation grandfathered right and the water duty that was ASSOCIATED with those acres as provided in this section. |
|---|
| 88 | 87 | | |
|---|
| 89 | 88 | | B. The owner of an irrigation grandfathered right may choose not to irrigate a set portion of lands attached to the irrigation grandfathered right. The owner may sell, transfer or lease the associated water duty of the acres that are not irrigated to another irrigator in the subsequent active management area. The original owner of the associated water duty may also retain the associated water duty and use the full volume of the associated water duty that is attached to the acres that the owner does not irrigate anywhere on the farm unit. |
|---|
| 90 | 89 | | |
|---|
| 91 | 90 | | C. A person that receives a sold, leased or transferred associated water duty may use the associated water duty anywhere in the subsequent active management area for irrigation use. The person may further convey the associated water duty. |
|---|
| 92 | 91 | | |
|---|
| 93 | 92 | | D. An owner of an irrigation grandfathered right that proposes to use, sell, transfer or lease the irrigation grandfathered right and the ASSOCIATED water duty shall notify the director, on a form prescribed and furnished by the director. The form shall include the acres that are not subject to irrigation. If the owner retains the associated water duty for irrigation of the farm unit, the owner shall note what acres are subject to irrigation with the associated water duty. If the owner or the holder conveys the associated water duty to another person, the form shall note the type of conveyance and volume of groundwater that the recipient of the conveyance may use. If the conveyance is for a lease, the form shall note the terms and duration of the lease. All forms shall note the intended acres where an owner or holder will irrigate with the associated water duty. |
|---|
| 94 | 93 | | |
|---|
| 95 | 94 | | E. The director shall adopt rules, including for the implementation of flexibility accounts or similar accounting methods, to implement this section. END_STATUTE |
|---|