A.R.S. § 37-243 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 243
37-243 Payment of rent in arrears; payment for use of land
Status: in_force

37-243. Payment of rent in arrears; payment for use of land

If the owner of improvements upon leased school or university lands sold as provided by this article is the purchaser of the lands and is in arrears for rent due under a permit or lease, or if he has failed to take out a permit or to pay rent, then before a certificate of purchase is issued to him he shall, in addition to the payments required by this article, pay to the department all rent for which he is in arrears, and if no rent has been stipulated, he shall be charged for the use and occupation of the land. Interest at the rate of five per cent per annum shall be charged on all such amounts, and added to the amount to be paid. A like charge shall be made against the occupant, if some other party is the purchaser of the land and improvements.
A.R.S. § 37-1387 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1387
37-1387 Arson detection reward fund; administration; purpose; receipts and disbursements
Status: in_force

37-1387. Arson detection reward fund; administration; purpose; receipts and disbursements

A. The arson detection reward fund is established and shall be administered within the guidelines of this section and rules of the office of state fire marshal.

B. The advisory committee on arson prevention established by the office of the state fire marshal shall provide rewards of not to exceed ten thousand dollars for information concerning a violation of any provision of title 13, chapter 17 relating to arson. The reward amounts shall be based on the value of the information, the availability of information from other sources and other factors deemed relevant by the committee.

C. The advisory committee is subject to title 38, chapter 3, article 3.1 and title 39, chapter 1, article 2, except that the advisory committee shall not disclose records that:

1. Reveal the identity of a confidential informant.

2. Endanger the life or physical safety of any person.

3. Jeopardize any ongoing criminal investigation.

D. Payment of rewards shall be from available funds consisting of:

1. Fines imposed by a court for an offense set forth in title 13, chapter 17. Notwithstanding section 13-811, the municipal, justice or superior court imposing and collecting such fine shall transfer the monies to the appropriate county treasurer who shall transfer the amount to the state treasurer for deposit in the arson detection reward fund.

2. Monies from forfeiture of bail posted in connection with an offense set forth in title 13, chapter 17. All amounts recovered by the prosecutor on an appropriate order of judgment forfeiting all or part of the amount of the bond shall be transferred to the appropriate county treasurer who shall transfer the amount to the state treasurer for deposit in the arson detection reward fund.

3. Monies received from donations to the fund.

4. Monies appropriated by the legislature for the purposes of this section.

E. Monies may be expended only for payment of rewards and promotion of public awareness of the arson detection reward fund.

F. Balances in the fund remaining at the end of the fiscal year are exempt from section 35-190, relating to lapsing of appropriations.
A.R.S. § 37-602 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 602
37-602 Notice
Status: in_force

37-602. Notice

Not less than thirty days prior to the actual exchange of such land, the governing body of any county, city, town or school district having control of the land shall cause to be published in a newspaper of general circulation within the county in which the land is located a notice of intent to exchange the property, together with a description thereof, and a description of the property to be received in exchange therefor, together with other terms and conditions of the exchange.
A.R.S. § 37-288 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 288
37-288 Default on short-term lease; forfeiture and cancellation of lease; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage
Status: in_force

37-288. Default on short-term lease; forfeiture and cancellation of lease; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage

A. If a lessee of a lease of ten years or less defaults in a payment of rent, as provided in the lease, or fails to comply with a condition, covenant or requirement of the lease, the lease and the lessee's rights under the lease are subject to forfeiture and cancellation as provided by this section and section 37-289.

B. If the lessee of a lease of ten years or less fails to pay the rent when due, the department may extend the time for payment an additional period not to exceed ninety days. The department shall not extend the period for payment of rental more than three times in one lease year and in no event for more than two hundred seventy days.

C. There shall be added to the delinquent rental a penalty and delinquent interest.  The rate of interest on delinquent rent shall be set by the state treasurer. The penalty shall be the greater of a minimum processing cost as determined by the commissioner or five per cent. The delinquent rent, penalty and interest shall be a lien on the improvements, crops and property on the land.

D. If, on a lease of ten years or less, the annual rental at any time is one calendar year in arrears from the date the rental payment was due, the lease shall automatically terminate and the department shall proceed to cancel it on the records of the department.
A.R.S. § 37-618 — Arizona Code / Title 37 / Chapter 2 / Article 16 / Section 618
37-618 Supplemental authority
Status: in_force

37-618. Supplemental authority

The provisions of this article are supplemental to and in addition to the authority provided in chapter 3, article 2 of this title.
A.R.S. § 37-232 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 232
37-232 Application to purchase state lands or for reimbursement for improvements; deposit
Status: in_force

37-232. Application to purchase state lands or for reimbursement for improvements; deposit

A. A person desiring to purchase state lands, or the lessee of any leased school or university land entitled to reimbursement for improvements thereon, may make a verified written application to the state land department to purchase the land.

B. In all cases, the application shall contain the name, age and residence of the applicant and a description of the land sought to be purchased. The application shall also contain the following information, as applicable:

1. If a lessee of school or university lands is the applicant, the application shall contain the date the lease of the land was issued to him.

2. If the applicant has or claims the right of possession by instrument in writing from a former lessee, the application shall contain the name of his assignor or grantor, the date of the original lease and the date of the assignment, and he shall attach to his application the original instrument of assignment, or if lost, furnish proof of loss.

3. If the applicant claims by judgment of a court or by operation of law, he shall attach to the application a certified copy of the instrument giving him such right.

4. If the application is by one claiming a right to reimbursement for improvements placed on leased school or university lands, he shall set forth in the application a list of improvements made upon the land.

C. The department shall require an applicant to pay a deposit before beginning to process an application to purchase state trust lands if the applicant:

1. Has requested that a property be reappraised or advertised, or both, within two years of the most recent public auction of that same property.

2. Has previously held title to that same property under a certificate of purchase.

3. Is known to be a second time applicant on the same property that was previously offered at public auction.

D. If the applicant is subject to a deposit pursuant to subsection C, the department shall place the deposit in a noninterest bearing account and the deposit shall be calculated on a percentage of the estimated value of the property. Monies must be deposited at the time of filing an application or at a time determined by the commissioner. If the applicant is not the successful bidder at public auction, the department shall refund the deposit to the applicant. If the applicant is the successful bidder, the department shall apply the deposit to the purchase price at auction. If there are no bids at the time of the auction, the department shall transfer the deposit made by the applicant to the appropriate trust beneficiary.
A.R.S. § 37-258.01 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 258.01
37-258.01 Sale of development rights
Status: in_force

37-258.01. Sale of development rights

The department may offer for sale at public auction all or part of the development rights and other similar interests in land if the remaining fee land still retains long-term income production potential.
A.R.S. § 37-285 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 285
37-285 Rental rates for grazing and other lands; grazing land valuation commission; reclassification and reappraisal; definitions
Status: in_force

37-285. Rental rates for grazing and other lands; grazing land valuation commission; reclassification and reappraisal; definitions

A. An agricultural, commercial or homesite lease shall provide for an annual rental of not less than the appraised rental value of the land, and never less than five cents per acre per year.  The rental provided in such leases is subject to adjustment each year.

B. A grazing lease shall provide for an annual rental of the grazing land as computed under this section.  All grazing land shall be classified and appraised on the basis of its forage and annual carrying capacity, measured in animal unit months.  The annual rental rate for grazing land shall be the amount determined by multiplying the number of animal unit months to be grazed on the lands by the true value rental rate per animal unit month as established by the commissioner. The rental rate per animal unit month is the rental rate determined by the commissioner based on the recommendations of the grazing land valuation commission under subsection E of this section.

C. Before September 1, 1994, and at other times the commissioner may propose, but not more frequently than every five years, the governor shall appoint a grazing land valuation commission consisting of five members appointed by the governor pursuant to section 38-211.  The commission shall serve for a period of one year from the date the members assume office during which period the commission shall complete the appraisal. The commission shall consist of the following members, each of whom shall have experience in analyzing and valuing the use of forage on grazing land:

1. One member who is a professional appraiser and who is certified in this state.

2. One member who is a professor and who serves on the faculty of the college of agriculture at the university of Arizona.

3. One member who is a retired employee of a financial institution that is actively engaged in agricultural lending.

4. One member who primarily derives income from livestock grazing and who does not hold a state lease.

5. One member who is a conservationist and who represents a natural resource conservation district in this state.

D. Each member of the grazing land valuation commission shall receive compensation at the rate of one hundred dollars for each meeting.  Each member of the commission shall receive reimbursement for expenses pursuant to title 38, chapter 4, article 2.

E. The grazing land valuation commission may employ a person who is experienced in analyzing and valuing the use of forage on grazing land and who, together with the members of the commission, shall gather the information that is necessary to prepare an appraisal to determine the true value of the use of forage on state grazing land and shall prepare this appraisal using both the market and income approaches.  The appraisal report shall recommend a grazing fee that will equal the true value as recommended by the commission.  The information and work products gathered in preparing the appraisal shall be available to the public.  In determining the rental rate using the market approach the commission shall determine the typical lease of two years or more of private grazing land located in this state during normal years.  The commission shall compare all factors that make up the bundle of rights and obligations in the typical private lease with the factors that make up the bundle of rights and obligations in the typical state lease.  The commission shall document all adjustments, calculations and assumptions made in reaching a conclusion of true rental value for the state land grazing fee and shall determine economic benefit, burden or value attributable to each of these factors.  These factors shall include the following:

1. All services, equipment and water rights provided by the lessor or lessee.

2. All improvements typically constructed and maintained to facilitate or enhance the use of the land for livestock grazing, wildlife, hunting or recreation.

3. All management and protection services that are typically provided.

4. The tenure, right to renew, assignability, right to reimbursement for improvements, responsibility for property taxes, right of others to share in the use of the land and ability to control access by others.

5. The size, location, accessibility, condition and carrying capacity of the land being leased and all related costs.

F. The commissioner's decision under this section may be appealed by any affected lessee to the board of appeals pursuant to section 37-215, and, except as provided in section 41-1092.08, subsection H, the decision of the board of appeals may be appealed to the superior court pursuant to title 12, chapter 7, article 6.

G. The commissioner may make a reclassification or reappraisal, or both, at any time.  If a reclassification or reappraisal, or both, is made pursuant to a request of a lessee, before expiration of the lease, the lessee shall pay a reclassification fee prescribed pursuant to section 37-107 plus the actual expenses incurred in making a reappraisal.

H. The department may authorize nonuse for part or all of the grazing use upon request of the lessee at least sixty days prior to the beginning of the billing date.  The rental fee shall be based on the animal unit months used, but the total rental fee for partial or full nonuse shall not be less than five cents per acre per year.

I. For the purposes of this section:

1. "Animal unit" means one weaned beef animal over six months of age, or one horse, or five goats, or five sheep, or the equivalent.

2. "Animal unit month" means one animal unit grazing for one month.
A.R.S. § 37-281.02 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 281.02
37-281.02 Leasing state lands for commercial purposes for more than ten years
Status: in_force

37-281.02. Leasing state lands for commercial purposes for more than ten years

A. All state lands are subject to lease as provided in this article for a term in excess of ten years, but not more than ninety-nine years, for commercial purposes to the highest and best bidder at public auction. The auction shall be conducted at the place, in the manner, and after the notice by publication provided for sales of such lands except as otherwise provided in this section. For commercial leases of state land more than three miles outside the boundaries of incorporated cities and towns having a population of ten thousand persons or less or more than five miles outside the boundaries of incorporated cities and towns having a population in excess of ten thousand persons, the department shall cooperate with the county or counties in which the land to be leased is located in considering the intended uses.  The leases shall be granted in accordance with the Constitution of Arizona, state laws and the rules of the department.

B. If the department determines that leasing of the land is in the best interest of the state, the tract or tracts shall be offered for lease to the highest and best bidder.

C. Each offer for lease shall reserve the right in the department to reject any and all bids and to again offer the tract or tracts for lease if the bids received are not acceptable to the department.

D. Upon announcement of the successful bidder, the first year's annual rental shall be paid by cashier's check. The successful bidder shall also pay the cost of the publication and reasonable expenses of the sale, and such funds shall be subject to the provisions of section 37-107.  If there are bids exceeding the minimum bid accepted at the auction, the successful bidder has until 5:00 p.m. of the fifth business day following the date of the auction to deposit a cashier's check with the department for the amount exceeding the minimum bid for the first year's rent. The failure to pay the first year's rent at the time of the auction or to pay the amount exceeding the minimum bid by 5:00 p.m. on the fifth business day after the auction results in forfeiture of the lease and all monies paid. In the event of forfeiture the commissioner may declare that the bid placed before the final bid accepted is the highest bid, and that bidder has five business days after notification by the department to pay by cashier's check all amounts due under this section and section 37-107.

E. Before acceptance of any bid for a lease under this section, the department shall establish to its satisfaction the responsibility of the bidder.

F. Each lease shall be for a term in excess of ten years, but not more than ninety-nine years, as determined by the department, and shall provide for an annual rental of not less than the appraised fair market rental value of the land. The department shall establish a rental adjustment formula by which the rental provided for in the lease is subject to adjustment after periods of time specified in the lease. A period of time shall not exceed five years. The department shall include a rental adjustment formula in each lease.  The rental for the first five-year period and the rental adjustment formula for that lease shall be established by the department prior to the call for bids. The department shall publish in the call for bids the rental for the first period and the rental adjustment formula for that lease.

G. A lease issued under this section may include an amortization schedule to be used to determine the value of improvements when the lease is terminated.

H. All provisions of this title applicable to state lands and the lease thereof, not in conflict with the provisions of this section, shall apply to leasing and leases issued under this section.

I. The department shall require an applicant to pay a deposit before beginning to process an application to lease state trust lands if the applicant did not bid at an auction where the applicant initiated the process.  The deposit shall be based on the approximate first year rental plus administrative expenses and shall be deposited in a noninterest bearing account.  Monies must be deposited at the time of filing an application or at a time determined by the commissioner. If the applicant is not the successful bidder at public auction, the department shall refund the deposit to the applicant. If the applicant is the successful bidder, the department shall apply the deposit to the rental price at auction. If there are no bids at the time of the auction, the department shall transfer the deposit made by the applicant to the appropriate trust beneficiary.
A.R.S. § 37-234 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 234
37-234 Sale of agricultural lands without application; limitation on sales of agricultural lands
Status: in_force

37-234. Sale of agricultural lands without application; limitation on sales of agricultural lands

The state land department may sell agricultural land without application. Sales of agricultural land with or without application shall not exceed two hundred thousand acres in any one year. No more than three hundred twenty acres of a section shall be sold in any one year.
A.R.S. § 37-904 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 904
37-904 Public lands board of review; members; powers and duties; staff and officers; service of process
Status: in_force

37-904. Public lands board of review; members; powers and duties; staff and officers; service of process

A. There is established a public lands board of review consisting of the following members:

1. State land commissioner.

2. Director of environmental quality.

3. State geologist.

4. Director of the Arizona state parks board.

5. Director of the department of transportation.

6. Deputy state forester.

7. Director of water resources.

8. Director of the Arizona game and fish department.

9. As provided in subsection F, the chairman of the board of supervisors of a county in which public lands are located.

10. One county supervisor, appointed by the governor to serve at the pleasure of the governor.

B. The board shall elect one of its members to serve as chairman.  The chairman shall call meetings of the board and prescribe the time and place of each meeting.

C. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. The board:

1. Shall review and approve or disapprove all rules and regulations proposed by the commissioner under this chapter.

2. May review any decision of the commissioner relating to public lands under this chapter and affirm, modify or reverse the decision.

E. The state land department shall provide the administrative staff and offices needed by the board, and the state land commissioner shall be deemed the clerk of the board upon which notices of appeal and other process shall be served.

F. The chairman of the county board of supervisors of a county in which public lands are located and which are the subject of the board action shall serve as a member of the board for the purposes of the action.
A.R.S. § 37-905 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 905
37-905 Appeal of commissioner's decision; board of review; procedures; decision; further appeal
Status: in_force

37-905. Appeal of commissioner's decision; board of review; procedures; decision; further appeal

A. Any person who is aggrieved by a decision of the commissioner made pursuant to this chapter may appeal to the board by letter within thirty days after the date of the decision from which the appeal is taken.

B. To have the effect of commencing an appeal as provided for in subsection A, a letter is required to:

1. Identify the decision from which the appeal is taken.

2. State legal grounds for the appeal.

3. List facts to support the grounds for the appeal.

4. Provide any other information specified by the board.

C. Upon receipt of the letter of appeal, the board may:

1. Order the appeal dismissed if it appears to lack merit.

2. Set a date for a hearing on the appeal not more than forty-five days nor less than fifteen days after receipt of the letter of appeal. The board shall notify the commissioner and the person appealing of the date, time and place of the hearing. The board shall conduct the hearing in an informal manner.

D. At the hearing the commissioner or his representative shall present the facts and reasons for reaching the decision being appealed.  The person appealing or his representative may present facts and reasons supporting the appeal. If the person appealing or his representative is not present, the board may consider the information set forth in the letter of appeal.

E. After the hearing, if held, the board may dismiss the appeal or take any other action which the board finds to be reasonable and proper. The board shall issue its order as soon as practicable after conducting the hearing.

F. The order of the board under this section is a final decision in a contested case and is subject to judicial review pursuant to title 41, chapter 6, article 10.
A.R.S. § 37-1221 — Arizona Code / Title 37 / Chapter 8 / Article 2 / Section 1221
37-1221 Military airport land exchange section; purpose; employees; compensation
Status: in_force

37-1221. Military airport land exchange section; purpose; employees; compensation

A. Subject to the availability of monies in the military airport land exchange fund, the military airport land exchange section is established within the state land department for the purpose of facilitating exchanges of federal land in this state for private land in territory in the vicinity of a military airport in this state.

B. All personnel and administrative costs shall be paid from the fund. The commissioner shall appoint a manager of the section, who shall be responsible for the administrative functions of the section.  With the commissioner's approval, the manager may hire employees necessary to carry out this chapter.

C. Compensation for the manager and other employees of the section shall be determined pursuant to section 38-611.
A.R.S. § 37-109 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 109
37-109 Alternative payment methods
Status: in_force

37-109. Alternative payment methods

At the commissioner's sole discretion, the commissioner may accept fees imposed pursuant to section 37-107 by alternative payment methods, including credit and charge cards, pursuant to section 35-142, subsection J, debit cards and electronic funds transfers or other alternative payment methods, pursuant to section 35-315, but the department is not obligated to accept any payment using an alternative payment method.
A.R.S. § 37-338 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 338
37-338 Selection of application for development planning permit or secondary permit
Status: in_force

37-338. Selection of application for development planning permit or secondary permit

A. The commissioner shall review all applications before issuing a development planning permit or secondary permit. The application shall include:

1. The applicant's experience, expertise and financial capability to prepare and complete the development or secondary plan.

2. The experience and expertise of any consultants.

3. The proposed cost to prepare the development or secondary plan.

4. A development concept statement of the proposed or potential uses for state land included in the proposed development or secondary plan area.

5. Any additional information relating to the disposition feasibility and scheduling of the proposed development or secondary plan as the commissioner may require.

B. The commissioner may retain one or more independent experts to assist in assessing the qualifications of any applicant and consultants or in evaluating the benefits of any proposed development concept. The commissioner shall select any such independent experts and may require each applicant to pay the fees, costs and hiring expenses incurred in analyzing the applicant's qualifications and proposal. If the applicant is unwilling to pay such fees, costs and expenses, the applicant shall notify the commissioner in writing before the fees, costs and expenses are actually incurred, and the applicant's application shall be automatically withdrawn from consideration. The commissioner shall deposit, pursuant to sections 35-146 and 35-147, monies received under this subsection in the state general fund.

C. The commissioner may deny the applications or select the best applicant, considering each consultant's or applicant's experience and expertise, the cost to complete the development planning under the permit or secondary permit and the best interest of the trust.

D. Compensation for planning may be allowed as follows:

1. The commissioner may allow compensation for planning if all of the following conditions apply:

(a) The department has issued a development planning or secondary planning permit.

(b) The permit specifically states the maximum cost that the commissioner will recognize as development or secondary planning costs.

(c) The development plan or secondary plan is approved by the commissioner pursuant to this article.

(d) The lands are leased or sold at public auction based on the approved development plan or secondary plan.

2. The commissioner may recognize by rule development or secondary planning costs as eligible for reimbursement in cases where the commissioner terminates the permit in the best interests of the trust.

3. If any party who is due reimbursable development or secondary planning costs is not the successful bidder for lease or purchase of state land implementing the development or secondary plan, the successful bidder shall compensate that party at the time leases are granted or the land is sold. The commissioner shall determine the amount of the development or secondary planning costs to be recovered from each lease or sale.
A.R.S. § 37-907 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 907
37-907 Federal lands acquired without legislative consent; placement on tax rolls
Status: in_force

37-907. Federal lands acquired without legislative consent; placement on tax rolls

All federal lands acquired before the effective date of this section without consent of the legislature through gift, purchase, exchange or eminent domain shall be placed on the general tax rolls of the counties of this state in the name of the grantor of the respective transactions. Such property is subject to taxation in the same manner as like property from and after January 1, 1981 unless prior to January 1, 1981 the legislature specifically approves and consents to federal ownership of the lands.
A.R.S. § 37-443 — Arizona Code / Title 37 / Chapter 2 / Article 9 / Section 443
37-443 Improvements as state property
Status: in_force

37-443. Improvements as state property

Upon payment by the state for improvements on state land taken over by the state or its departments or institutions the improvements shall become the property of the state. If the land subsequently is sold or leased to other parties, the purchaser or lessee shall reimburse the state for the improvements and the amount so received shall be placed in the general fund.
A.R.S. § 37-315 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 315
37-315 Withdrawing trust lands suitable for conservation purposes by department without lease or sale
Status: in_force

37-315. Withdrawing trust lands suitable for conservation purposes by department without lease or sale

A. Notwithstanding any other law, when it is in the best interest of the trust, the commissioner may withdraw trust land suitable for conservation purposes from lease or sale for development purposes to allow qualifying lessees or buyers to complete the plans and arrangements necessary to accomplish the purposes of the classification and plan of the lands.

B. The commissioner shall prescribe a termination date, of at least three but not more than five years, after which the lease or sale may proceed. Within one year before the expiration of the withdrawal period the commissioner, after a public hearing, may extend the withdrawal period for not more than one additional three year period if significant progress is evident in the effort toward acquiring the land.

C. The commissioner's decision under this section is subject to appeal pursuant to section 37-214.

D. During a withdrawal period under this section:

1. The commissioner may allow existing lessees of the land to continue their normal and customary use of the land. The commissioner may renew existing leases pursuant to section 37-291.

2. The commissioner may authorize a new use of the land that is consistent with the classification.

E. If the commissioner withdraws trust lands from lease or sale pursuant to this section, or fails to lease or convey trust lands suitable for conservation purposes as provided by this article within three years after classification, and the trust lands are subject to a current planning permit under article 5.1 of this chapter, the commissioner shall reimburse the holder of the permit pursuant to section 37-338.
A.R.S. § 37-331.03 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 331.03
37-331.03 Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions
Status: in_force

37-331.03. Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions

A. The commissioner shall create conceptual land use plans for all urban state trust land in this state and other state trust lands the commissioner considers to be appropriate. The commissioner shall:

1. Prioritize the creation of conceptual plans to the extent possible to:

(a) Correlate with the rate of population growth in the urban areas in this state.

(b) Coincide with the production of municipal general plans under title 9, chapter 4, article 6 and county plans under title 11, chapter 6, article 1.

2. Revise and update each plan at least every ten years.

3. Consult with the city, town or county in which the land is located and with any regional planning organization regarding integrating the conceptual plan into the general land use plan of the city, town or county.

4. Submit each plan, and revision of the plan, to the urban land planning oversight committee for review.

B. On approval of the conceptual land use plan by the commissioner under this section, the conceptual plan is considered to be a state general plan for purposes of this article.

C. The commissioner may create the conceptual land use plans under subsection A of this section by any of the following methods:

1. Using department staff or private consultants.

2. Entering into participation contracts pursuant to section 37-239.

3. Issuing planning permits for urban lands pursuant to section 37-338.

4. Entering into planning contracts for urban lands or other state trust lands the commissioner considers to be appropriate, including compensation as provided by section 37-338, subsection D.

D. The commissioner shall create five year disposition plans for all state trust land in this state, based at a minimum on market demand, anticipated transportation and infrastructure availability. The commissioner shall:

1. Review and update each plan each year as may be necessary.

2. Consult with the city, town or county in which the land is located and with any regional planning organization.

3. Submit each plan and revision to the urban land planning oversight committee to ensure conformity with the conceptual plan under subsection A.

E. For the purposes of this section:

1. "Conceptual land use plan" means a plan that is developed for urban state trust land and other state trust lands the commissioner considers to be appropriate and that identifies:

(a) Appropriate land uses, including commercial, industrial, residential and open space uses.

(b) Transportation corridors and infrastructure requirements.

(c) All natural and artificial constraints and opportunities associated with the land.

2. "Five year disposition plan" means a plan that identifies the land projected to be sold, leased, reclassified for conservation purposes, master planned or zoned during the next five years.
A.R.S. § 37-726 — Arizona Code / Title 37 / Chapter 3 / Article 2 / Section 726
37-726 Expenditure of grazing fees of district; purposes authorized
Status: in_force

37-726. Expenditure of grazing fees of district; purposes authorized

The monies from grazing fees of grazing districts shall be expended within the county as the board of district advisors directs for range improvements and maintenance thereof, predatory animal control, rodent control, poisonous or noxious weed extermination, or the purchase or rental of lands within the county which will benefit the grazing district or the part thereof within the county.
A.R.S. § 37-335.02 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 335.02
37-335.02 Off-site improvement of urban lands
Status: in_force

37-335.02. Off-site improvement of urban lands

A. The governing body of an incorporated city or town or the board of directors of a county improvement district or a community facilities district pursuant to title 48, chapter 4, article 6 may submit to the commissioner for approval an improvement plan to be carried out by the city, town or district for some or all of the urban lands within its corporate or district boundaries.  The plan shall be submitted before any assessment has been levied for construction of off-site improvements which will be on or adjacent to and benefit the urban land. The plan may provide for the imposition of special assessments only against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of urban lands which will be subject to sale or long-term lease pursuant to section 37-281.02 or other law. The plan shall include the following:

1. A description of the work proposed.

2. An estimate of the cost of such work and the costs to be imposed against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of urban land within the area of the plan.

3. A map and legal description of the area showing the urban lands benefited by the work proposed.

4. A method of charging the cost to any long-term lessee or certificate of purchase holder of the urban lands benefited.

5. A schedule or alternative schedules for payment of the costs so charged by future holders of certificates of purchase or lease on such urban land, including the manner in which charges under such schedules will be held in abeyance for urban lands not subject to a certificate of purchase or lease.  The schedule for payments shall state the maximum assessment amount, excluding interest, which may be imposed against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of urban land involved in the plan.

6. The maximum interest rate to be charged on the unpaid charges, including the maximum rate at which interest, if any, will accrue for urban lands benefited but not subject to a certificate of purchase or lease.

7. Information showing that the urban land involved in the plan will be benefited in an amount equal to or greater than the proposed maximum assessment amount.

8. Such other terms as the governing body deems necessary or appropriate.

B. No plan may include urban land which is already subject to a long-term lease or certificate of purchase nor may any assessment be imposed against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of such land unless the lessee or certificate of purchase holder agrees to such inclusion and assessment.

C. The commissioner shall cooperate if requested by the governing body of the city, town or county improvement district in the preparation and revision of the improvement plan. The commissioner may hold such public hearings as the commissioner determines are necessary and may approve the plan if it is in compliance with the development or secondary plan for the urban lands affected.

D. If the commissioner approves the improvement plan or any modification of the plan, he shall enter an order to that effect in his official records and cause a copy to be served on the governing body requesting approval, recorded with the county recorder of the county in which the land is located and filed with the secretary of state. Fees shall not be charged for recording or filing.
A.R.S. § 37-334.01 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 334.01
37-334.01 Development plan for a master plan area
Status: in_force

37-334.01. Development plan for a master plan area

A. The commissioner may approve a development plan which includes a proposed master plan area if the proposed master plan area:

1. Is within the corporate boundaries of a city or town.

2. Has inadequate infrastructure to use state land for its highest and best use.

3. Has an area of at least one hundred sixty acres.

B. A development plan approved for a master plan area may propose:

1. Design guidelines and covenants, conditions and restrictions.

2. Infrastructure planning, implementation and funding.

3. Provisions for construction, maintenance and enforcement of a community identity package.

4. Phasing, timing and method of disposition and placement of infrastructure.

5. Conformance with municipal development ordinances, in addition to the requirements of section 37-335, subsections H and K.

6. Membership in a master property association that is governed by a board of directors with responsibility to implement and enforce compliance with the master plan area.

7. A marketing program description to promote the master plan area, including provisions to fund the marketing program.
A.R.S. § 37-221 — Arizona Code / Title 37 / Chapter 2 / Article 2.1 / Section 221
37-221 Sale or lease of state lands for public education purposes
Status: in_force

37-221. Sale or lease of state lands for public education purposes

A. Notwithstanding any other law, school districts may enter into leases of state land for more than ten years if the land is to be used for public education purposes. These leases shall be granted according to the constitution of this state and department rules. School districts shall apply for leases for educational purposes on forms prepared and furnished by the department, and an authorized agent of the governing board of the school district shall sign and swear to the application. A school district shall not use lands leased to it under this section except for public education purposes.

B. The department shall develop procedures to give priority to the procedures used for school districts to lease state lands for public education purposes. The department shall develop procedures to simplify the procedures used for school districts to lease state lands for public education purposes. The procedures shall specify that any leases entered into and any improvements made to properties leased pursuant to this section using state monies shall comply with the requirements of title 41, chapter 56.

C. The department shall develop procedures to give priority to the procedures used for school districts to purchase state lands for public education purposes. The department shall develop procedures to simplify the procedures used for school districts to purchase state lands for public education purposes. The procedures shall specify that any purchase of school lands by school districts using state monies shall comply with the requirements of title 41, chapter 56.

D. Any monies received by the department from the lease of state public school land for public education purposes pursuant to this section shall be transferred for deposit in the new school facilities fund established by section 41-5741.

E. For the purposes of this section, a school district shall be considered to have abandoned a lease when leased property and any improvements are no longer being used for public education purposes.
A.R.S. § 37-1422 — Arizona Code / Title 37 / Chapter 9 / Article 6 / Section 1422
37-1422 Duties; fund
Status: in_force

37-1422. Duties; fund

A. The state forester shall:

1. Administer and enforce this article, including adopting rules necessary to administer and enforce this article.

2. Establish fees for the initial registration and renewal of registration of trampoline courts in amounts to be determined by the state forester. The state forester shall deposit, pursuant to sections 35-146 and 35-147, all fees received pursuant to this section in the trampoline court safety fund established by this section.

3. Request from each trampoline court owner or operator information to determine that the insurance required by this article is in effect and that the trampoline court has been inspected at least annually.

4. Maintain a registry of all trampoline courts.

5. Maintain as public record proof of insurance, service calls to emergency responders and inspection certificates that are issued by an insurer or an inspector with whom the insurer has contracted and records for each trampoline court that is registered pursuant to this article.

B. The trampoline court safety fund is established consisting of monies received pursuant to this section. The state forester shall administer the fund and use the monies in the fund to implement this article.
A.R.S. § 37-101 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 101
37-101 Definitions
Status: in_force

37-101. Definitions

In this title, unless the context otherwise requires:

1. "Agricultural lands" means lands which are used or can be used principally for:

(a) Raising crops, fruits, grains and similar farm products.

(b) Algaculture.  For the purposes of this subdivision "algaculture" means the controlled propagation, growth and harvest of algae.

2. "Amortized value" means the value for improvements established pursuant to section 37-281.02, subsection G.

3. "Commercial lands" means lands which can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way.

4. "Commissioner" means the state land commissioner.

5. "Community identity package" means a design theme including such elements as architecture, landscape, lighting, street furniture, walls and signage.

6. "Department" means the state land department.

7. "Grazing lands" means lands which can be used only for the ranging of livestock.

8. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development.

9. "Homesite lands" means lands which are suitable for residential purposes.

10. "Improvements" means anything permanent in character which is the result of labor or capital expended by the lessee or his predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon, and which has enhanced the value of the land.

11. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which are constructed or located on state lands and which are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities.

12. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having jurisdiction for the area and which is responsible for the provision of these facilities and services.

13. "Leased school or university land" means school or university land for which a lease has been issued by the state, or the territory of Arizona, under which the lessee retains rights.

14. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area.

15. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases.

16. "Section of land" means an area of land consisting of six hundred forty acres.

17. "State lands" means any land owned or held in trust, or otherwise, by the state, including leased school or university land.

18. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease.

19. "Urban lands" means any state lands which are adjoining existing commercially or homesite developed lands and which are either:

(a) Within the corporate boundaries of a city or town.

(b) Adjacent to the corporate boundaries of a city or town.

(c) Lands for which the designation as urban lands is requested pursuant to section 37-331.01.

20. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question.
A.R.S. § 37-261 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 261
37-261 Authority to auction reversion rights
Status: in_force

37-261. Authority to auction reversion rights

A. If this state has held a right of reversion with respect to any land sold under this article for ten years without exercise or encumbrance, the commissioner may order the right of reversion to be appraised and offered for sale at public auction. The commissioner shall prescribe a minimum acceptable bid.

B. The purchaser shall agree in writing to indemnify and hold harmless this state, the department and the commissioner against all liability with respect to the land.

C. The commissioner shall deposit, pursuant to sections 35-146 and 35-147, the revenues from the sale in the appropriate fund under article 13 of this chapter.
A.R.S. § 37-108 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 108
37-108 Court actions related to natural resources projects; remedies; account; definition
Status: in_force

37-108. Court actions related to natural resources projects; remedies; account; definition

A. In addition to other remedies available by law, a person that files an action in a court of record in this state to enjoin a natural resources project and that does not prevail may be assessed court costs and damages as determined by the court incurred by the natural resources project as a result of the injunction, including any of the following:

1. Costs relating to fire suppression.

2. Costs relating to flooding or damage to the watershed.

3. Costs relating to the damage or loss of natural resources or real property.

B. Any monetary damages awarded by the court pursuant to subsection A of this section shall be deposited in an account established and managed by the department for the purpose of paying for the costs incurred as a result of the injunction, including the costs identified in subsection A of this section.

C. For the purposes of this section, "natural resources project" includes any project that reduces the risk of catastrophic fire or loss from erosion, flooding and landslides or that protects watersheds.
A.R.S. § 37-238 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 238
37-238 Procedure for sale; report of sale; posting; rules
Status: in_force

37-238. Procedure for sale; report of sale; posting; rules

A. A representative of the state land department shall attend at the time and place fixed for the sale and proceed by first announcing information relevant to the sale sufficient, in the representative's judgment, to begin the bidding process, then calling for bids and selling the lands for the highest and best bid.

B. The department shall adopt rules to prescribe the procedure, method and means for the sale of state lands pursuant to this chapter, including rules for the following:

1. The sale of state lands through electronic means.

2. A requirement that any location where state lands are auctioned online includes internet access.

3. A method for persons to prove the person has sufficient monies to bid for a parcel before a public auction.

4. Reasonable qualifications and procedures to ensure a person is legally eligible to bid.

C. The department shall prepare a written report of the sale and post the report on the department's website.

D. The sale may be adjourned from day to day, or the department may dissolve the sale and readvertise the lands.
A.R.S. § 37-131 — Arizona Code / Title 37 / Chapter 1 / Article 2 / Section 131
37-131 State land commissioner; appointment; term; removal; compensation
Status: in_force

37-131. State land commissioner; appointment; term; removal; compensation

A. There shall be a state land commissioner who shall be the executive officer of the state land department.

B. The commissioner shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor.

C. The commissioner shall receive compensation as determined pursuant to section 38-611.
A.R.S. § 37-1132 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1132
37-1132 Refunds to record title owners
Status: in_force

37-1132. Refunds to record title owners

A. If this state's ownership of a parcel or portion of a parcel of property is confirmed in a quiet title action under this article, the state treasurer shall pay to the record title owner an amount from the state general fund to:

1. Refund all property taxes ever paid on the property.

2. Compensate the person for all improvements to the property.

3. Refund the purchase price paid for the property, plus interest at the legal rate, if the property was purchased from this state by the person or any predecessor in title.

B. The department of administration, in coordination with the department of revenue and the state land department, shall certify to the state treasurer the amounts due to the record title owner pursuant to this section.
A.R.S. § 37-289 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 289
37-289 Procedure on cancellation of lease; notice, default, hearing and appeal
Status: in_force

37-289. Procedure on cancellation of lease; notice, default, hearing and appeal

A. Before any lease is canceled, the commissioner shall take the following steps:

1. Notice of default shall be sent by certified mail to the lessee and to any parties who have registered with the department as mortgagees or other lienholders of the lessee's interest. The notice shall inform the lessee and registered mortgagees and lienholders of the specific nature of any default and their right to cure any curable default.

2. For leases of ten years or less, the lessee and registered mortgagees and lienholders have thirty days from receipt of notice of default in which to cure any default involving failure to pay rent, taxes or other assessments, and forty-five days from the receipt of notice to cure any other curable default.

3. For leases of more than ten years, the lessee and registered mortgagees and lienholders have sixty days from receipt of notice of default in which to cure any curable default.

4. As a condition of curing a default, the commissioner may require the lessee and registered mortgagees and lienholders to waive any right to cure future defaults of the same type. A waiver of the right to cure is valid only until the expiration of the current lease.

B. If the default is not cured within the applicable time period, the commissioner may make an order canceling the lease, and if it appears that the lease was procured through fraud, deceit or wilful misrepresentation, the improvements on the land shall be forfeited to the state. If the lease is canceled for any other reason, the lessee shall be permitted to remove the lessee's improvements at any time within sixty days after the date of cancellation.

C. In the event of cancellation the commissioner shall make a formal order canceling the lease, and a copy of the order shall be mailed to the last known post office address of the lessee and registered mortgagees and lienholders.

D. The lessee and registered mortgagees or other lienholders may appeal a cancellation order pursuant to title 41, chapter 6, article 10. If no appeal is made within the prescribed time or if no notice is filed with the department pursuant to section 37-255, subsection C, the order shall become final and the lease shall be canceled on the records of the department.
A.R.S. § 37-502 — Arizona Code / Title 37 / Chapter 2 / Article 12 / Section 502
37-502 Damages in civil action for trespass on state lands; seizure of products; report of trespasses
Status: in_force

37-502. Damages in civil action for trespass on state lands; seizure of products; report of trespasses

A. Whoever commits any trespass upon state lands as defined by section 37-501 is also liable in a civil action brought in the name of the state in the county in which the trespass was committed, for three times the amount of the damage caused by the trespass, if the trespass was wilful, but for single damages only if casual or involuntary.

B. When unfenced state land is included within a fenced range, it is prima facie evidence of wilful trespass to permit the grazing of livestock thereon, unless the person has a lease or sublease approved by the department for the area being grazed.

C. The damage provided for in this section is the rate per acre as determined for the year for the appraised carrying capacity of the lands.

D. The state land department may also, without legal process, seize and take any product or property unlawfully severed from the land, whether it has been removed from the land or not, and may dispose of the product or property so seized in the manner prescribed by law for disposing of products of state lands.

E. The county officers of the several counties shall report to the department any trespass upon state lands which comes to their knowledge.
A.R.S. § 37-281.01 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 281.01
37-281.01 Lease of state lands for grazing purposes; notice
Status: in_force

37-281.01. Lease of state lands for grazing purposes; notice

A. All state lands are subject to lease as provided in this article for a term of not more than ten years for grazing purposes without public auction. In addition to the requirements of section 37-281, subsections B, C, D and E, the leases shall be granted according to the constitution and laws of this state and rules of the department.

B. The department shall give notice of the availability of expiring grazing leases on state lands by advertisement, published in December of each year, at least one year in advance of the expiration date of any grazing lease. The notice shall be published at least once in a newspaper of general circulation, indicating the number of leases expiring, the county or counties where each lease is located and the location of posting the notice where additional information may be obtained. The newspaper that prints the notice may also post the notice on an internet web site that aggregates legal notices of ten or more Arizona newspapers.  The department shall post notice of expiring leases by lease number, abbreviated legal description of the lease area, carrying capacity, expiration date and application information in the following locations:

1. In each department office.

2. On the department's internet web site.

3. In the office or offices of the county board of supervisors where the land is located.

4. In United States bureau of land management offices in this state where posting is allowed.
A.R.S. § 37-334 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 334
37-334 Designation of lands; development or secondary plan; requirements; approval
Status: in_force

37-334. Designation of lands; development or secondary plan; requirements; approval

A. The commissioner may designate certain urban lands as suitable for a development plan.  The designation may be made only for lands for which a state general plan has been approved under section 37-332, or a conceptual plan has been developed pursuant to section 37-331.03. The designation shall specify the boundaries of the urban lands and that a development plan is to be prepared for those lands.

B. After designating certain urban lands as suitable for a development plan, the commissioner may cause a development or secondary plan to be prepared.  The development or secondary plan may be submitted to the department, after a development planning permit or secondary planning permit is issued, or may be prepared by a planning contract to the lowest and best bidder, with monies appropriated by the legislature for the purpose of urban lands development planning.  A secondary planning permit is a planning permit issued for a parcel or parcels of state land that have not yet been disposed of to prepare a secondary plan which supplements and implements an approved development plan.

C. The development or secondary plan shall contain specific provisions for the use, development and management of the urban lands in accordance with the state general plan as approved under section 37-332.

D. The development or secondary plan shall contain provisions as are necessary to implement the purposes of this section, including:

1. Provisions for allocation and location of specific uses of the land, including residential, commercial, industrial, recreational or other appropriate uses.

2. Provisions for acceptable densities and concentrations of the designated land uses.

3. Provisions for the timing and rate of development.

4. Provisions for the delivery of an adequate or assured water supply as specified in title 45, chapter 1 or 2.

5. Provisions for public facilities and resources, including water supply delivery systems, wastewater collection and treatment systems, parks and public recreational facilities, school sites, roads and other elements of a transportation system and other necessary facilities and services.

6. Provisions for needed zoning and other land use control mechanisms.

7. Provisions for resource conservation and the use of alternate sources of energy.

8. Other provisions deemed relevant by the commissioner.

E. To the extent the proposed development plan would require zoning inconsistent with any existing zoning, the commissioner shall submit a request to the local government with jurisdiction over the lands in question for either rezoning consistent with the development plan or approval of a land use plan pursuant to statute or ordinance that would include designations of proposed zoning categories and land use intensity and that would be consistent with the development plan. The local government shall act upon the request within six months, notifying the commissioner as to the acceptance or rejection of the commissioner's request for rezoning or plan approval.  Rejection of a request for rezoning or plan approval may, at the commissioner's discretion, be appealed in the manner provided to any owner of land affected by a zoning decision.  The local government's zoning decision shall govern the use of the lands unless the commissioner determines that such zoning or plan is detrimental to the interests of the trust.  If the commissioner so determines, the commissioner shall prepare a written statement of the reasons for the determination and shall within ten days of such decision provide a copy of the written statement to the local planning authority.  The local government within whose jurisdiction the lands are located has thirty days from receipt of this statement to appeal the commissioner's decision to the board of appeals as provided for in section 37-215.  If the local government fails to act upon the commissioner's request for rezoning or plan approval within the time provided in this subsection, the commissioner may adopt the development plan, noting that the requested rezoning or plan approval has not been obtained from the local government. The commissioner may, after compliance with the requirements of section 37-335, reclassify the lands and proceed with their sale or lease, noting in the call for bids that the requested rezoning or plan approval has not been obtained.

F. The commissioner shall not approve the development or secondary plan until the director of water resources has either evaluated the plans for an adequate water supply for the proposed development of lands outside a groundwater active management area as required by section 45-108 or has certified that there is an assured water supply for the proposed development of lands in a groundwater active management area as required by section 45-576.

G. Following approval of the development plan by the commissioner, no amendment or revision may be made without approval by the commissioner.  The commissioner may approve a proposed amendment or revision of the development plan only if it is consistent with the state general plan or conceptual plan or after complying with the requirements prescribed under section 37-332, subsections E, F and G.

H. Following approval of a secondary plan by the commissioner, no amendment or revision may be made without the commissioner's approval. After notice to the development planning permittee, if one exists, and any master property association for the affected development plan, the commissioner may approve a proposed amendment of the secondary plan only if it is consistent with the development plan. If the proposed amendment is inconsistent with the development plan, the development plan must be amended under subsection G of this section.

I. If the land included in a development or secondary plan was previously sold or leased, and the plan amendment proposed by the owner or lessee would substantially increase the value of the land as estimated by an appraisal or would compete with land uses elsewhere on land included under the plan, then as a condition for approving the amendment, the commissioner may require additional consideration.
A.R.S. § 37-335.04 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 335.04
37-335.04 Liens not liabilities of state
Status: in_force

37-335.04. Liens not liabilities of state

This chapter shall not be construed as creating a lien against the interest of this state in any urban lands, nor an obligation against this state to pay charges or assessments imposed against urban land pursuant to an improvement plan. No action of any nature may be brought to forfeit, terminate or foreclose this state's title or interest in urban lands for failure of any lessee or purchaser to pay any assessment.
A.R.S. § 37-1391 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1391
37-1391 Cease and desist order; law enforcement procedures; violation; civil penalty
Status: in_force

37-1391. Cease and desist order; law enforcement procedures; violation; civil penalty

A. If the state forester, the assistant director of the office of the state fire marshal or a deputy fire marshal has reasonable cause to believe that any person has committed or is committing a violation of this article, any rule adopted pursuant to this article or any order issued pursuant to this article that does not constitute an immediate and apparent hazard to life or property, the assistant director through the state forester may issue and serve on the person by certified mail a cease and desist order.

B. If the violation does not constitute an immediate hazard to life or property, the assistant director of the office of the state fire marshall shall grant to the person whom the assistant director alleges to be in violation of any rule or order a reasonable period of time, which is not less than five days after the date of receipt of the notice, to comply with the order.

C. On the failure or refusal of a person to comply with a cease and desist order issued pursuant to subsection A of this section, the state forester may file an action in the superior court in the county in which the violation is alleged to have occurred to enjoin the person from engaging in further acts in violation of the cease and desist order. The court shall proceed as in other actions for preliminary injunction.  Any person found to be in contempt of an injunctive order of the court shall be assessed a civil penalty of not more than one thousand dollars with each day of violation constituting a separate contempt.

D. If the state forester, the assistant director of the office of the state fire marshall or a deputy fire marshall has reasonable cause to believe that any person has committed or is committing a violation of this article, any rule adopted pursuant to this article or any order issued pursuant to this article that constitutes an immediate and apparent hazard to life or property, the assistant director through the state forester may either:

1. Issue and serve by personal service a cease and desist order, which may require immediate compliance. On failure of a person to comply with a cease and desist order issued pursuant to this paragraph, the state forester shall file an action in the superior court in the county where the violation occurred to enjoin the person from engaging in further acts in violation of the cease and desist order.

2. File an action in the superior court in the county in which the violation is alleged to have occurred to enjoin a person from engaging in further acts in violation of the rule or order without issuing a cease and desist order.

E. In an action filed under subsection D of this section, the court shall proceed as in other actions for preliminary injunction. Any person found to be in contempt of an injunctive order of the court shall be assessed a civil penalty of not more than one thousand dollars with each day of violation constituting a separate contempt.

F. A person who is served with a cease and desist order pursuant to this section may request a hearing pursuant to title 41, chapter 6, article 10.
A.R.S. § 37-247 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 247
37-247 Purchaser's default; forfeiture and cancellation of certificate of purchase; extension of time for payments
Status: in_force

37-247. Purchaser's default; forfeiture and cancellation of certificate of purchase; extension of time for payments

A. When a purchaser defaults in a payment of principal or interest, as provided in the certificate of purchase, or fails to comply with a condition, covenant or requirement thereof, the certificate shall be declared subject to forfeiture.  Within sixty days after default or failure the department shall give notice of the default or failure by certified mail to the purchaser's last known address of record in the department.

B. If the payment is not made, or the condition, covenant or requirement is not complied with, within sixty days from the date of notice, the certificate of purchase and all rights of the purchaser to the land and improvements thereon may be canceled.  In the event of cancellation, the commissioner shall make a formal order canceling the certificate of purchase and a copy of the order shall be mailed to the last known post-office address of the holder of the certificate of purchase.  If no appeal is made within thirty days from the date a copy of the order is mailed to the holder of the certificate of purchase, the order shall become final and the certificate of purchase shall be canceled on the records of the department, and the improvements and all payments made on the purchase price deposited in the respective permanent fund under article 13 of this chapter shall be deemed rental for the land.

C. On the purchaser's written request, the commissioner may extend the time for payment of the amount delinquent for a period of not more than five years on terms that the commissioner considers to be appropriate as follows:

1. The commissioner may grant an extension in response to a request made within sixty days before the due date of the payment.  An extension under this paragraph begins on the date the payment was due and continues for the period stated in a written notice to the purchaser.

2. The commissioner may grant an extension in response to a request made within sixty days after the date of the default or failure notice provided in subsection A.  An extension under this paragraph begins on the date of the notice and continues for the period stated in a written notice to the purchaser.

3. If the department does not act on a request for extension within thirty days after receiving the request, the request is considered to be denied.  If the purchaser fails during the period of the extension to complete all delinquent payments, including principal and interest, the certificate of purchase is subject to default and cancellation pursuant to subsections A and B, except that if the last day of the last period of extension expires on the last day of the five-year period and all delinquent payments have not been paid by the last day of the five-year period, the certificate of purchase shall automatically be canceled on the last day of the five-year period and noted on the records of the department.

D. If a payment of principal or interest is made after the due date, payments shall be made according to the extension granted by the commissioner under subsection C.  If no extension was granted, delinquent interest shall be added at a rate set by the state treasurer.
A.R.S. § 37-107 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 107
37-107 Fees; accounts
Status: in_force

37-107. Fees; accounts

A. The commissioner shall prescribe by rule application, permit, transaction, appraisal, service, filing and document fees for transactions related to the selling, leasing, annexation, conveyance, exchange, right-of-way and use of state lands or products of state lands managed by the department.  Before adopting any rule setting or changing a fee under this section, the commissioner must submit the proposed fee amount to the joint legislative budget committee for review.  The commissioner shall deposit the revenues derived from the fees in the trust land management fund pursuant to section 37-527.

B. The commissioner may establish selling and administrative fees, which may include:

1. Up to three per cent of the consideration paid for all lands and improvements sold or long-term leased.

2. Zoning application fees paid by the department to rezone land.

3. Legal advertising expenses required by law and paid by the department.

C. The revenues derived from the fees established pursuant to subsection B of this section shall be deposited as follows:

1. The revenues derived from the fees collected pursuant to subsection B, paragraph 1 of this section, less any amounts paid as brokerage fees pursuant to section 37-132, subsection B, paragraph 2, shall be deposited in the trust land management fund pursuant to section 37-527.

2. The monies collected pursuant to subsection B, paragraph 2 of this section as actual costs of zoning application fees paid by the department to rezone lands shall be deposited in a separate account of the state land department fund designated as the zoning application fee account. Monies in the account shall be used to pay zoning application fees if developing lands require rezoning by the jurisdiction in which the lands are located.  The commissioner shall administer the account.

3. The monies collected under subsection B, paragraph 3 of this section, subsection D of this section and application evaluation and processing costs pursuant to section 37-205, subsection A shall be deposited in separate accounts of the state land department fund to be used to pay costs of legal advertising, costs of appraisals required by the enabling act, by the Constitution of Arizona or by statute and the costs of evaluating and processing applications.  The commissioner shall administer the accounts.  On notice from the commissioner, the state treasurer shall invest and divest monies in the state land department fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

D. The commissioner may require or allow prepayment for the estimated cost of an appraisal required pursuant to section 27-234 and this title.  The commissioner shall deposit and administer prepayment monies as provided by subsection C, paragraph 3 of this section. The commissioner shall use monies accepted pursuant to this subsection to conduct contract appraisals.  If an auction is held and an applicant who has prepaid the estimated cost of an appraisal or paid an appraisal fee is not the successful bidder, the successful bidder shall reimburse the applicant either for the actual cost of the appraisal or for the appraisal fee, whichever was paid.  If the commissioner proceeds to auction on the commissioner's initiative, the successful bidder at auction shall reimburse the department for the actual cost of the appraisal, if there was a contract appraisal, or pay the appraisal fee if a contract appraisal was not obtained.  Nothing in this subsection:

1. Requires the commissioner to offer any land at auction or for lease.

2. Requires the commissioner to reimburse an applicant if the land is not auctioned or leased.

3. Affects the status of any other application pending an appraisal.

E. Except as provided under section 37-205, fees paid under this section are not refundable to the applicant, regardless of the outcome of the application.
A.R.S. § 37-335 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 335
37-335 Sale or lease of state lands for development
Status: in_force

37-335. Sale or lease of state lands for development

A. On approval of the development or secondary plan, the commissioner may reclassify the lands consistent with the plan. The existing lessee is entitled to compensation as provided by this chapter.

B. Upon the reclassification of state lands, the existing lessee shall be given notice of this reclassification and of the lessee's rights as provided in section 37-290, subsections A and C.

C. Upon the cancellation of a lease due to a reclassification of state lands under subsection A of this section, the existing lessee shall have a preferred right to lease the reclassified land by offering a bid that matches the highest and best bid received by the commissioner for the reclassified land at public auction.  The highest bidder may offer one subsequent bid that exceeds the bid of the existing lessee, but the existing lessee has the right to match the final bid.  If the existing lessee is not successful in obtaining the reclassified lease, or if the existing lessee chooses not to exercise the preferred right specified in this subsection, the existing lessee is eligible for compensation and reimbursement as provided in section 37-335.01.  The preferred right described in this section is subject to the requirements of section 37-291, subsection B, and the preferred right shall expire after the commissioner receives the highest and best bid at public auction.  If the commissioner determines that no bid will be accepted, the preferred right to lease the reclassified lease shall remain in effect, subject to any subsequent public auction.  The preferred right is not transferrable and can be exercised only by the existing lessee.

D. At least one independent appraisal is required for commercial leases that are offered at public auction if a former lessee has a vested preferred right under subsection C of this section. The commissioner shall require the successful bidder to pay the cost of the appraisal.

E. Following cancellation of a lease due to reclassification, the commissioner may issue an interim use permit for the urban lands reclassified for a term the commissioner deems necessary to protect the income of the trust and this state. For thirty days after cancellation of a lease, the prior lessee has a preferred right to obtain the interim use permit.

F. On determination by the board of appeals that the lands to be developed under this article should be sold, the commissioner shall comply with all publication and other statutory requirements for the sale of state lands.  In determining the minimum amount acceptable as a bid, the commissioner shall include the related proportionate part, based on the ratio of lands proposed to be sold to lands covered by the development or secondary plan, of the actual costs incurred by this state in obtaining the development or secondary plan adopted for implementation. All state costs recovered at the time of sale shall be paid to the state general fund.

G. The certificate of purchase or patent shall require the purchaser to honor any covenants and restrictions as deemed necessary by the commissioner to implement the approved development or secondary plan. A breach of any covenant or restriction results in the reversion of all rights, title and interests in the land to this state pursuant to the conditions prescribed by section 37-247.

H. If urban lands in the area of the adopted plan are sold, the purchaser shall conform the use of the land to the development or secondary plan and to other local zoning ordinances.

I. On a determination by the board of appeals that the land to be developed under this article should be leased, the commissioner shall incorporate the provisions of the approved development or secondary plan into the lease. The commissioner shall comply with all publication and other statutory requirements for the lease of state lands.

J. The successful bidder shall pay to this state the relative proportionate part, based on the ratio of lands proposed to be leased to lands covered by the development or secondary plan, of the actual costs incurred by this state in obtaining the development or secondary plan adopted for implementation.  Payment to this state shall be made at the time the lease is signed. All state costs recovered at the time of lease shall be paid to the state general fund.

K. The lessee shall submit to the jurisdiction of the county or the incorporated city or town within whose jurisdiction the land is located with respect to compliance with building, safety and housing codes or ordinances and any development or site plan review procedures applicable to the development of the land for the uses permitted by the lease.

L. A lease issued pursuant to this section may be terminated, at the option of the commissioner, for any violation of lease provisions pursuant to the conditions prescribed by section 37-288.  On cancellation or termination of a lease issued pursuant to this section, the commissioner may seek a new lessee only by complying with the same process through which the original lease was issued.  If the costs of the development or secondary plan have been received by the state as provided in subsection J of this section at the time of termination or cancellation, a subsequent lessee under this subsection need comply with subsection J of this section only to the extent that the lease offered to the subsequent lessee includes lands for which the proportionate part of the costs to the state for obtaining the development or secondary plan have not been recovered.

M. An encumbrance shall not be placed upon this state's interest in land leased for development. The lease may contain provisions that will permit the encumbering of the lessee's interest in the lease by mortgage or deed of trust.

N. Within the scope of an approved development or secondary plan, the commissioner may assess the value of rights-of-way or parcels to be used for parks, schools, public facilities, open space or other public purposes, and assign those values to parcels that will be sold or leased for residential, commercial or industrial purposes as payment for the purchase or lease price that otherwise would be required for such rights-of-way, or parcels to be used for parks, schools, public facilities, open space or other public purposes. The total revenues derived from all parcels within the development plan shall not be less than the aggregate appraised value of all the parcels.
A.R.S. § 37-604 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 604
37-604 Exchange of state land; procedure; limitation and exceptions; definition
Status: reserved

37-604. Exchange of state land; procedure; limitation and exceptions; definition

A. State land may be exchanged for public land in this state to improve the management of state lands for the purpose of sale or lease or conversion to public use of state lands or to assist in preserving and protecting military facilities in this state. Exchanges may be made for land owned or administered by other state agencies, counties, municipalities or the United States or its agencies.  Exchanges with the United States or its agencies shall be in conformance with section 37-722, but the department shall also follow the procedures and requirements prescribed by article X, section 12, Constitution of Arizona, subsection C, paragraph 7 of this section and the classification procedures in section 37-212.

B. The department shall adopt rules governing the application and procedure for the exchange of state land. Such rules shall include the following requirements:

1. The application shall include:

(a) The name, mailing address, telephone number and relevant affiliation, if any, of the applicant.

(b) A legal description of all lands to be considered for exchange.

(c) A list of permanent improvements on the state lands to be considered for exchange.

(d) A list of the leasehold interest in the state land to be considered for exchange.

(e) Accompanying agreements, if any, with the leaseholder or owner of improvements on the state land to be considered for exchange.

2. Payment of fees prescribed for that purpose pursuant to section 37-107.

3. Such additional requirements as the department determines to be necessary.  On determining that the application is complete and correct, including payment of the required fees, and on completion of processing and analyzing the application, and on determining that the proposed exchange would benefit the applicable trust, the department shall notify and deliver a report containing details of the proposed exchange to the president of the senate, the speaker of the house of representatives and the state legislators from the legislative districts in which the lands proposed to be exchanged are located.

C. Exchanges of state lands are subject to the following requirements:

1. The commissioner shall determine by at least two independent appraisals that the state lands being considered for exchange are of substantially equal value or of lesser value than the land offered by the applicant.

2. At least two independent analyses of the proposed exchange must be conducted to determine:

(a) The income to the trust from the lands before the exchange and the projected income to the trust after the exchange.

(b) The fiscal impact of the exchange on each county, city or town and school district in which all the lands involved in the exchange are located.

(c) The physical, economic and natural resource impacts of the proposed exchange on the surrounding or directly adjacent communities and the impacts on military facilities, local land uses and land use plans.

3. The commissioner may require the applicant to pay the cost of the independent appraisals and analyses required by this subsection.

4. No county or municipality may be permitted to select lands in another county or municipality.

5. State lands known to contain oil, gases and other hydrocarbon substances, coal or stone, metals, minerals, fossils and fertilizer, in paying quantities, and state lands adjoining lands on which there are producing oil or gas wells, or adjoining lands known to contain any of such substances in paying quantities shall not be exchanged.  These prohibitions against exchange shall not prevent the exchange of lands where the state does not own such substances, minerals or metals in the lands to be considered for exchange.

6. All state lands offered for trade pursuant to this section must be located in the same county as the lands offered to the state.  However, lands in adjoining counties more than three miles outside the corporate boundaries of incorporated cities and towns having a population of ten thousand people or less and lands in adjoining counties but more than five miles outside the corporate boundaries of incorporated cities and towns having a population in excess of ten thousand people may be exchanged to facilitate consolidating land ownership if the boards of supervisors of the counties in which lands are to be exchanged give their prior approval.

7. Prior to public notice of a proposed exchange of state lands for other lands, the department shall give thirty days' notice in writing to other interested state agencies, counties, municipalities, the military affairs commission established by section 26-261, each military facility at the address on record at the department and to leaseholders on state lands that are to be exchanged and on state lands that are adjacent to the lands to be exchanged.

8. Before any state land may be considered for exchange under this article, the land shall be classified as suitable for such purposes in accordance with section 37-212. Any person adversely affected by such classification may appeal from the decision as provided in section 37-215.

9. After determining that the application is complete and correct and all required payments, appraisals and analyses have been completed, the department shall publish notice of the proposed exchange in the same manner and places as is required for the sale of state lands pursuant to section 37-237, except that the notice shall be published once each week for six consecutive weeks. The notice shall contain a legal description of the properties involved and other pertinent terms and conditions of the exchange. The department shall also schedule at least two public hearings on the exchange contemplated in the notice. One hearing must be held at the state capital and another hearing must be held in a location of general accessibility in the proximate vicinity of the state lands being exchanged.  Any person may appear and comment on the proposed exchange at that time.

10. Within sixty days after the conclusion of the last hearing, the commissioner shall determine and issue a written finding recommending either that the exchange be denied or approved and shall transmit the finding to the governor, the president of the senate, the speaker of the house of representatives and the secretary of state.

D. Each exchange transaction must be approved by the qualified electors of this state in the form of a referendum submitted and conducted pursuant to article IV, part 1, section 1, Constitution of Arizona, at the next regular general election.  To be approved, the proposition must receive an affirmative vote of a majority of the qualified electors voting on the measure.

E. Lands conveyed to the state under this article shall, on acceptance of title and recording, be dedicated to the same purpose and administered under the same laws to which the lands conveyed were subject, but may be reclassified as provided in section 37-212.

F. This section applies with respect to the exchange of lands held in trust by this state pursuant to the enabling act and the Constitution of Arizona and does not apply with respect to any other state land under the jurisdiction of the department or the commissioner.

G. The provisions of this section do not diminish or otherwise affect the commissioner's fiduciary responsibilities with respect to lands held in trust by this state as provided by the enabling act and the Constitution of Arizona.

H. For the purposes of this section, "military facilities" includes:

1. Military airports, ancillary military facilities, military training routes, high noise or accident potential zones and territory in the vicinity as defined in section 28-8461.

2. Military reservations or other real property owned by, leased to, designated for, reserved to or under the jurisdiction of an active unit of the uniformed services of the United States or any reserve or national guard component of the uniformed services of the United States.

3. Military electronics ranges as defined in section 9-500.28.

4. Military restricted airspace identified pursuant to section 37-102.

5. The Barry M. Goldwater range as described in section 37-620, subsection D, paragraph 3.
A.R.S. § 37-288.01 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 288.01
37-288.01 Disposition of personal property abandoned by lessee at the end of the lease; definitions
Status: in_force

37-288.01. Disposition of personal property abandoned by lessee at the end of the lease; definitions

A. Within ninety days after the date of expiration or cancellation of a lease of state land, the lessee shall remove the lessee's personal property from the state land and give written notice to the department of the name and address of any person known to the lessee who owns any personal property remaining on the state land.

B. Except as provided in subsection F of this section, after ninety days, the department may sell the property at public auction or cause it to be sold at public auction.  Before auctioning property, the department shall:

1. Attempt to identify any lienholder of record if all the following apply:

(a) The owner of the property is known to the department.

(b) The property is mechanical equipment bearing a serial number or registration number.

2. Give written notice to the owner of any lienholder of record identified pursuant to paragraph 1 of this subsection.

C. The department's notice to an owner pursuant to subsection B of this section shall state:

1. That the department will auction the property.

2. The time and place of the auction, which must be at least ten days after the owner receives the notice.

3. That the department will send the owner the proceeds of the auction after deducting amounts equal to the amount of any delinquent rent, penalty and interest, the amount of any lien pursuant to section 37-288, subsection C and the costs of notification and auction. Unpaid costs of notification and auction shall be a lien on the property.  Any lien pursuant to section 37-288, subsection C shall be first priority for payment and a lien for costs of notification and auction pursuant to this section shall be second priority.

4. That the owner may claim the property by appearing at the auction and paying the amount of any delinquent rent, penalty and interest, the costs of notification and auction and the amount of any lien on the property pursuant to section 37-288, subsection C.

D. The department's notice to a lienholder of record pursuant to subsection B of this section shall state:

1. That the department will auction the property.

2. The time and place of the auction, which must be at least ten days after the lienholder receives the notice.

3. That the lienholder may recover the property according to the terms of the lienholder's security agreement before the auction.

4. That the department will send the lienholder the proceeds of the auction after deducting the department's costs of identifying the lienholder, notification and auction if the lienholder does not recover the property before auction.

E. The department shall hold any excess proceeds of a sale under subsection B that are returned as undeliverable for twelve months after the sale.  After twelve months, the department shall deposit the excess proceeds in the fund of the beneficiary for whom the land is held in trust.

F. If the department reasonably determines that the value of the property is less than or equal to the cost of removing it, the department may destroy or otherwise dispose of the property.  Before destroying or disposing of the property, the department shall send a written notice to the owner indicating that:

1. The department has determined that the value of the property is less than or equal to the cost of removing it.

2. The department will destroy or dispose of the property at any time beginning thirty days after the owner receives the notice.

3. The department's valuation of the property in relation to the costs of removal is an appealable agency action pursuant to title 41, chapter 6, article 10.

G. If an owner appeals the department's valuation of the property pursuant to subsection F, paragraph 3 of this section, the department shall attempt to identify any lienholder of record if the property is mechanical equipment bearing a serial number or registration number.  If the department finds a lienholder of record, the department shall notify the lienholder that the lienholder may appeal the department's valuation of the property pursuant to title 41, chapter 6, article 10.

H. Notices to owners and lienholders under this section must be by certified mail, return receipt requested, addressed to the owner's or lienholder's last address of record with the department.

I. The same procedure for the sale or disposition of personal property prescribed by this section may also be used after the termination, cancellation or expiration of a permit, right of entry, certificate of purchase or other instrument issued by the department.

J. For the purposes of this section:

1. "Lienholder of record" or "lienholder" means any person who has perfected a security agreement pursuant to title 47, chapter 9, article 3.

2. "Owner" means a former lessee or other person who owns property on state land after the expiration or termination of a lease, permit, right of entry, certificate of purchase or other instrument issued by the department.
A.R.S. § 37-721 — Arizona Code / Title 37 / Chapter 3 / Article 2 / Section 721
37-721 Acceptance of Taylor grazing act, amendment of enabling act and other federal laws relating to exchange of lands
Status: in_force

37-721. Acceptance of Taylor grazing act, amendment of enabling act and other federal laws relating to exchange of lands

A. The state accepts the provisions of the act of Congress of June 28, 1934, as amended, known as the Taylor grazing act, and the provisions of the act of Congress of June 5, 1936 amending section 28 of the enabling act, and all other applicable acts of Congress which are enacted relating to the exchange of state land for federally owned land.

B. The state land department may cooperate with the federal government in the administration of the Taylor grazing act and other applicable acts of Congress relating to the exchange of state lands for federal lands whenever the interest of the state can best be served thereby.
A.R.S. § 37-1361 — Arizona Code / Title 37 / Chapter 9 / Article 3 / Section 1361
37-1361 Enactment of compact
Status: in_force

37-1361. Enactment of compact

The compact for interstate cooperation on forests is enacted into law as follows:

Compact for interstate cooperation on forests

I. If federal law permits the forestry agency of two or more party states to assume any delegated agency role in performing any forestry management function on federal lands in that state, those party state agencies may, under concurrent jurisdiction, coordinate and unify the management of the forests that traverse the common boundary between those states including:

(A) Performing all management and administrative functions assigned or delegated by the United States relating to forestry.

(B) Compiling and sharing data and other information, documents and electronic files among the party states and the United States forest service.

(C) Projects for recovery, rehabilitation, maintenance and improvement of forests, watersheds and rangelands damaged by wildfire, drought, disease, pest infestation, depredation and other natural and human causes.

(D) Wildfire prevention and suppression activities.

II. This compact does not authorize:

(A) Any conduct that is illegal in any party state.

(B) The prosecution of any person for conduct that is lawful in the state where it was committed.

III. This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by at least two states that form a common boundary.
A.R.S. § 37-313 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 313
37-313 Conservation lease of trust lands suitable for conservation; definition
Status: in_force

37-313. Conservation lease of trust lands suitable for conservation; definition

A. The commissioner may sell leases of trust land for conservation purposes to a qualifying lessee when it is in the best interest of the trust. The conservation lease may authorize the lessee to protect the conservation and open space value of the land in cooperation with other lessees of the land, consistent with the plan adopted under section 37-312. The commissioner retains the right to authorize other compatible uses of the land.

B. The term of the lease may be for less than ten years or for at least ten but not more than fifty years. The sale of any lease shall be:

1. At public auction.

2. Based on one independent appraisal and one independent review appraisal, both of which may be reviewed by the department, of the fair market value of the interest in the trust land that is being offered, including mineral, sand and gravel and oil and gas value.

3. Consistent with the requirements of the Constitution of Arizona, applicable provisions of this title and rules adopted by the commissioner.

C. If an existing lease is not renewed as a result of any action taken pursuant to this article and the conservation lessee and the existing lessee cannot agree on compensation, the commissioner shall determine the amount of reasonable compensation for damages sustained by the existing lessee after considering the following factors:

1. The actual use of the leased land.

2. The rentals paid during the term of the lease.

3. The actual amount of economic damage to the production unit caused by the failure to renew. In determining the amount of economic damage to the production unit, the commissioner shall not limit the scope of review to only that portion of the lands involved in the reclassification but shall take into consideration the impact of the loss of these lands on the overall production unit, including situations in which other leased or private lands are necessary and have been leased by the existing lessee for operation as a production unit.

4. Other factors that the commissioner or the existing lessee determine to be relevant.

D. The conservation lessee shall make payments for reimbursement or compensation, or both, as established in this section to the existing lessee at the time the lease is not renewed. This section does not prevent the payment for reimbursement or compensation, or both, from being made in installments if the former lessee and conservation lessee agree to installment payments.

E. If trust lands that are leased pursuant to this section are subject to a current planning permit under article 5.1 of this chapter, the succeeding lessee shall reimburse the holder of the permit as provided by section 37-338.

F. The department shall make application forms available for leases. The application form shall contain a statement under penalty of perjury that the person signing the application represents that the information in the application is complete and correct. A material false statement or omission of facts in the application is cause for canceling a conservation lease that was issued based on the application.

G. At the time of application the applicant shall post a bond pursuant to section 37-107. The bond is forfeit to this state if no bidder bids at the auction for the conservation lease.

H. The successful bidder shall pay the first year's annual rental and other costs pursuant to section 37-281.02, subsection D and section 37-107.

I. If the applicant did not bid at a previous auction where the applicant initiated the process, the department shall require the applicant to pay a deposit pursuant to section 37-281.02, subsection I.

J. A lessee under a conservation lease shall not:

1. Use the lands for any purpose other than that for which the lease was issued.

2. Sublease the lands except to another qualifying lessee and on approval by the commissioner.

3. Inhibit or interfere with other existing leases.

K. A state land trust beneficiary may lease trust land under this section but may not make payments on the lease from monies that were received from the state trust.

L. For purposes of this section "qualifying lessee" includes:

1. The United States or an agency or instrumentality of the United States.

2. An agency of this state, including a state land trust beneficiary.

3. A county, city, town, school district, community college district or special taxing district or any of their agencies or instrumentalities.

4. An individual or a private organization or entity that is legally empowered to own or manage real property in this state.
A.R.S. § 37-1307 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1307
37-1307 State fire safety committee; members; terms; powers and duties; compensation; fire watch requirements
Status: in_force

37-1307. State fire safety committee; members; terms; powers and duties; compensation; fire watch requirements

A. The state fire safety committee is established consisting of nine members who are appointed for three-year terms by the governor pursuant to section 38-211. The governor may remove any member from the committee for incompetency, improper conduct, disability or neglect of duty.  Membership on the committee is as follows:

1. Two members, not from the same municipality, each of whom is a fire chief or fire marshal of a paid municipal fire department of a city with a population of one hundred thousand persons or more.

2. One member who is a fire chief of a paid municipal fire department of a town with a population of less than one hundred thousand persons.

3. One member who is a fire chief in a fire district of an unincorporated area in a county with a population of less than five hundred thousand persons.

4. One member who is a member of the Arizona fire chiefs association.

5. One member who is a registered architect.

6. One member who is a chief building official of a city, town or county.

7. One member who is a member of the public.

8. One member who is a member of the public and who is engaged in the business of distributing, selling or providing liquefied petroleum gas to consumers.

B. The state fire safety committee shall annually select from its membership a chairperson for the committee. The committee shall meet on the call of the chairperson or on the request of at least five members.

C. The state fire safety committee shall advise the office of the state fire marshal on all of the following:

1. The adoption of a state fire code.

2. The adoption of a fee schedule for permits, plan submissions, plan reviews and reinspections.

3. The allocation of monies from the arson detection reward fund established by section 37-1387.

D. Members of the committee are not eligible to receive compensation for service on the committee but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. If the state fire safety committee requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty shall be to perform constant patrols of the protected premises while keeping watch for fires. The local jurisdiction shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.
A.R.S. § 37-724 — Arizona Code / Title 37 / Chapter 3 / Article 2 / Section 724
37-724 Receipts from lease of public lands
Status: in_force

37-724. Receipts from lease of public lands

All monies received from leases of public lands within any county shall be placed to the credit of the school district within the county in which the land lies. If the lands do not lie within a school district, the monies shall be placed to the credit of the general school fund of the county.
A.R.S. § 37-620.02 — Arizona Code / Title 37 / Chapter 2 / Article 17 / Section 620.02
37-620.02 State consent to acquisition of land by the United States for exclusive jurisdiction
Status: in_force

37-620.02. State consent to acquisition of land by the United States for exclusive jurisdiction

Pursuant to article I, section 8, clause 17 of the Constitution of the United States, the consent of this state may be given to the acquisition of any other privately owned real property within this state by the United States only upon the governor's signing a joint resolution adopted by the legislature to that effect. The joint resolution shall recite the legal description of the land and the purposes to which the state consents that the property may be used.
A.R.S. § 37-105 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 105
37-105 Inclusion of state lands under reclamation projects and irrigation districts; assessments and charges
Status: in_force

37-105. Inclusion of state lands under reclamation projects and irrigation districts; assessments and charges

A. The state land department, with the approval of the governor, may make contracts for and on behalf of the state with the United States or an irrigation district organized and existing under the laws of the state, which is served wholly or partially by a federal reclamation project, to include lands owned by the state or belonging to any institution of the state within the project and to agree to pay as much of the cost of the project as becomes due on account of such lands.

B. The department, after state lands are included within the project, may guarantee the payment of and may pay to the United States or the irrigation district the full amount of district or reclamation assessments or charges against the state lands at any time the assessments or charges become delinquent.

C. Nothing in this section shall be construed as creating a lien upon state lands or against the interest of the state therein, or as creating an obligation of the state to pay any charges, assessments or debts incurred by any district other than those described in this section.
A.R.S. § 37-709 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 709
37-709 Maps of project; right of easement reserved
Status: reserved

37-709. Maps of project; right of easement reserved

A. The maps of the lands shall show the location of the irrigation project approved in the contract. Certified copies of the maps shall be filed and recorded in the office of the county recorder in each of the counties into which the irrigation project, or the lands to be reclaimed thereby, extend.

B. The lands filed upon by settlers shall be subject to rights of way and easements of the canals, reservoirs, dams and irrigation projects to the extent specified in the contract, and of other structures connected with the acquisition and control of water power to be used, directly or indirectly, for the purpose of the irrigation project.
A.R.S. § 37-203 — Arizona Code / Title 37 / Chapter 2 / Article 1 / Section 203
37-203 Selection of lands; designation of land to institution or purpose; credit of receipts to specific funds
Status: in_force

37-203. Selection of lands; designation of land to institution or purpose; credit of receipts to specific funds

A. Lands granted to the state shall be selected and filed upon by the selection board as expeditiously as the best interest of the state warrants. All lands selected and all lands specifically by description granted to the state shall be designated on the books, maps and plats of the state land department as lands of the institution, department or purpose to which the proceeds received therefrom will be credited.

B. All money received from leases or grants of any land designated as belonging to any institution, department or purpose, and all monies received for forfeitures or penalties in connection therewith shall belong to the institution, department or purpose and shall be credited to a fund set up for such institution, department or purpose.
A.R.S. § 37-231 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 231
37-231 State lands subject to sale; rights reserved in lands sold; state lands not subject to sale; development agreements
Status: reserved

37-231. State lands subject to sale; rights reserved in lands sold; state lands not subject to sale; development agreements

A. All state lands, except as otherwise provided for in this title, including all improvements made or placed on or connected with state lands, shall be subject to appraisal and sale as provided in this title.

B. Any person over eighteen years of age is entitled to purchase any of the state lands.

C. All sales, grants, deeds or patents to any state lands sold between July 9, 1954 and March 18, 1968 shall be subject to and shall contain a reservation to the state of an undivided one-sixteenth of all oil, gases and other hydrocarbon substances, coal or stone, metals, minerals, fossils and fertilizer of every name and description, together with all uranium, all thorium, or any other material which is or may be determined by the laws of the state or the United States or decisions of courts to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, subject to the following:

1. For the purpose of promoting the sale of state lands and the more active cooperation of the owner of the soil, and to facilitate the development of its mineral resources, the state constitutes the purchaser of the land its agent for the purposes specified in this section, and in consideration hereof, relinquishes to and vests in the purchaser of the state land an undivided fifteen-sixteenths of all oil, gas and the value thereof which may be upon or within any state land purchased after July 9, 1954 and before March 18, 1968.

2. The purchaser of the soil may sell or lease to any person, firm or corporation the oil and gas and other minerals which may be on or in the land, upon terms and conditions the purchaser and the owner deem best, subject to the provisions and reservations of this section, but the lessee or purchaser shall pay to the state an undivided one-sixteenth of the mineral produced or the value of the mineral produced at the well or mine as determined by the state land department.

3. Upon discovery of oil and gas in paying quantities on land adjoining state lands purchased under the authority of this section, the purchaser or the purchaser's lessee shall drill and produce all wells necessary to protect the land so purchased from drainage by wells on lands in which the state has no royalty interest, or has a lesser royalty interest. If the purchaser or the purchaser's lessee fails to protect against such drainage, the state, acting through the state land department, may, three months after demand therefor in writing by the state land department to such purchaser and the purchaser's lessee, enter upon such lands and drill all wells necessary to protect the state against such drainage.

4. The interest reserved by the state in any state lands sold may be committed to a drilling unit or cooperative or unit plans of development and operation of oil and gas pools with the United States, its agencies and its and their lessees and permittees, and with private owners and persons holding oil and gas leases on private lands or on state lands. The state land department may, insofar as the interest of the state may be affected thereby, join in and consent to any such plan on behalf of the state. Such agreements shall provide for the equitable division on an agreed basis of the oil and gas produced from the unit, but no such agreement shall relieve any operator from the obligation to develop reasonably the lands and leases as a whole committed thereto. The royalties to which the state is entitled on production from land purchased under this section shall be computed only on that part of the production allocated to such tract. When the agreements made under this section provide for the return of gas to a formation underlying the unit, they may provide that no royalties are required to be paid on the gas so returned.

D. State lands known to contain oil, gases and other hydrocarbon substances, geothermal resources, coal or stone, metals, minerals, fossils and fertilizer of every name and description, in paying quantities, or uranium, thorium or any other material which is or may be determined by the laws of the state the United States or decisions of court to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, and state lands adjoining lands upon which there are producing oil, gas or geothermal wells or adjoining lands known to contain any of such substances in paying quantities, or uranium, thorium or any other material peculiarly essential to the production of fissionable materials, whether or not of commercial value, shall not be sold. The prohibition against sale shall not operate to prevent the sale of lands known to contain, in paying quantities, common variety minerals as defined in section 27-271 or to prevent the sale of lands where the state does not own such substances, minerals or metals in the lands sought to be sold. The provisions of this subsection shall not prohibit the sale of such lands located within the exterior boundaries of an incorporated city or town, in which case the commissioner may offer the land for sale, provided the land shall be used solely for a public purpose. Such land shall revert to the state if it is used other than for a public purpose.

E. Notwithstanding the provisions of subsection C of this section, all state lands sold after March 18, 1968 shall be sold with the reservation that all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, geothermal resources, coal, metals, minerals, fossils, fertilizer of every name and description, together with all uranium, all thorium or any other material which is or may be determined by the laws of the United States or of this state, or decisions of court, to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, and the exclusive right thereto, on, in, or under such land, shall be and remain and be reserved in and retained by the state, regardless of any sale under this section and the issuance of any certificate of purchase to any purchaser of state lands pursuant to this section, provided, that the reservation shall not include common variety minerals as defined in section 27-271, subject to the following:

1. The state land department shall adopt rules providing for the protection of the patentee or contract purchaser of state lands, or their successors in interest, and the state of Arizona, against damage to the lands, livestock, water, crops, or other tangible improvements on lands held by such patentee or contract purchaser, and suffered by reason of the use or occupation of such lands by lessees or permittees engaged in mining and oil, gas and geothermal resource exploration and development under leases or permits executed by the department. The state land department may, at any time, require each of its lessees or permittees to execute a bond in a reasonable principal amount conditioned upon payment for all such damages.

2. The mineral rights reserved to the state in the lands sold shall be closed to entry and location as a mineral claim or claims, but the department may issue, upon application, mineral exploration permits embracing the reserved mineral rights when such issuance is deemed in the best interest of the state, provided that the surface owner or owners shall have the first right of refusal to acquire such mineral exploration permits.
A.R.S. § 37-236 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 236
37-236 Order by department of sale of lands; sale at auction; electronic means; cancellation of sale; appeal; exception; department immunity
Status: in_force

37-236. Order by department of sale of lands; sale at auction; electronic means; cancellation of sale; appeal; exception; department immunity

A. On completion of the appraisal, if the department determines that the interests of this state will not be prejudiced by sale of the land, or when application for purchase was made by the lessee of agricultural land entitled to compensation for improvements on the land appraised, within sixty days after the time for taking an appeal expires and no appeal is taken, or if an appeal is taken and the decision is against appellant, within sixty days after the decision is received, the department shall order the sale of the lands to the highest and best bidder at public auction held at the county seat of the county in which the land or the major portion of the land is located, and the department shall give notice of the sale by advertisement.

B. Notwithstanding any other law, the department may accept bids offered through electronic means during a public auction. If the department accepts bids offered through electronic means, the department is not liable for either:

1. The failure of a person's electronic means that prevents the person from participating in the auction.

2. The failure of the electronic means the department operates that is caused by an act of god or of nature, a superior or overpowering force or an event or effect that cannot be reasonably anticipated or controlled during or directly preceding the public auction that prevents a person from participating in the public auction.

C. If the commissioner receives information that indicates a change in the circumstances regarding the benefits to the trust but before the acceptance of a final bid at the public auction, the commissioner may cancel the sale proceedings.

D. A person adversely affected by a decision to terminate a sale pursuant to subsection C of this section may appeal such decision to the board of appeals pursuant to section 37-215, except a person may not file an appeal on the basis of an electronic means failure for which the department is not liable as prescribed in subsection B of this section.
A.R.S. § 37-411 — Arizona Code / Title 37 / Chapter 2 / Article 8 / Section 411
37-411 Rights of entrymen under federal laws to possession and enjoyment of land
Status: in_force

37-411. Rights of entrymen under federal laws to possession and enjoyment of land

All persons qualified to make entry under the public land laws of the United States, who settle upon, cultivate or improve a tract of land in the state for the purpose of acquiring title thereto as a homestead or desert land entry under the laws of the United States, and who are conforming to all requirements of residence, improvement or cultivation of such land required by such laws in perfecting title to the land if entered by the claimant under such laws, shall be protected in the peaceable possession and quiet enjoyment of the land, with all the crops, timber and improvements thereon, to the extent of the maximum number of acres allowed by such laws in compact form, if unsurveyed according to the cardinal points, and, if surveyed by the United States, then according to the lines of the survey so as to include the improvements.
A.R.S. § 37-1305 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1305
37-1305 Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund
Status: in_force

37-1305. Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund

A. On request of the state forester, the governor may authorize the state forester to incur liabilities for suppressing wildland fires and responding to other unplanned all-risk activities from unrestricted monies in the state general fund whether or not the legislature is in session.

B. The state forester has the authority to prohibit the use of fireworks during times of high fire potential in the unincorporated areas of the state.

C. The state forester or the state forester's designee shall review all liabilities incurred and expenditures made under this section and shall report the expenditures to the department of administration for audit according to department of administration rules.  The state forester shall transmit a copy of the report to the state emergency council.

D. Liabilities incurred under this section are subject to the following limitations:

1. Wildland fire suppression or other unplanned all-risk emergency liabilities shall not exceed three million dollars of state general fund monies pursuant to subsection A of this section in a fiscal year for costs associated with suppressing wildland fires, supporting other unplanned all-risk activities such as fire, flood, earthquake, wind and hazardous material responses and preparing for periods of extreme fire danger and pre-position equipment and other fire suppression resources to provide for enhanced initial attack on wildland fires. The state forester shall not incur nonreimbursable liabilities for support of nonfire all-risk activities. The governor shall determine when periods of extreme fire danger exist and must approve any expenditure for pre-positioning activities.

2. If the funding authorization in paragraph 1 of this subsection is exhausted, or if the nonreimbursable liabilities incurred exceed the cash balance of the fire suppression revolving fund, the state forester shall not incur additional liabilities without the consent of a majority of the state emergency council as authorized by section 35-192.

E. The state forester shall process and pay claims for reimbursement for wildland fire suppression services, including claims for personnel hours, used supplies and reasonable and negotiated costs of damage to equipment that exceeds normal wear and tear, as follows:

1. Except as provided by paragraph 2 of this subsection, within thirty days after receiving a complete and correct claim for wildland fire suppression services, the state forester shall pay the claim from available monies that have not been committed to the payment of other wildfire expenses.

2. Within thirty days after receiving a complete and correct claim for wildland fire suppression services on federal lands, the state forester shall complete the processing of the claim and forward the claim to the appropriate federal agency.

3. For any valid claim other than for federal reimbursement, if there is insufficient funding in the fire suppression revolving fund, the holder of the unpaid claim shall be issued a certificate pursuant to section 35-189.

4. For any valid claim for federal reimbursement, the state forester shall certify the claim to the state treasurer who shall pay the claim, including claims for personnel hours, used supplies and reasonable and negotiated costs of damage to equipment that exceeds normal wear and tear, from monies appropriated from the budget stabilization fund pursuant to section 35-144, subsection A, paragraph 3. The state forester shall reimburse the state treasurer within forty-five days after payment of the claim by a federal agency and the state treasurer shall deposit those monies in the budget stabilization fund established by section 35-144.

F. Monies received for suppressing wildland fires, pre-positioning equipment and firefighting resources and other unplanned all-risk activities may be used for the purposes of section 37-1303 and this section.

G. The state forester shall adopt rules for administering the wildland fire suppression monies authorized under this section, subject to approval of the governor.

H. The state forester may require reimbursement from cities and other political subdivisions of this state and state and federal agencies for costs incurred in the suppression of wildland fires, pre-suppression or unplanned all-risk activities. Reimbursement shall be based on the terms and conditions in cooperative agreements, land ownership or negligence. The state forester may require reimbursement from individuals or businesses only for costs incurred in the suppression of wildland fires or unplanned all-risk activities caused by their negligence or criminal acts.

I. The fire suppression revolving fund is established consisting of civil penalties collected pursuant to section 36-1610 and monies received by the state forester for wildland fire suppression and pre-positioning equipment and resources and for payment for activities related to combating wildland fires and supporting other unplanned all-risk activities such as fire, flood, earthquake, wind and hazardous material responses.  The state forester shall not incur nonreimbursable liabilities for support of nonfire all-risk activities. The state forester shall administer the fund, and all monies received for these activities shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. Monies in the fire suppression revolving fund are continuously appropriated to the state forester, except that if the unobligated balance of the fund exceeds two million dollars at the end of any calendar year, the excess shall be transferred to the state general fund. Monies in the fire suppression revolving fund are otherwise exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 37-213 — Arizona Code / Title 37 / Chapter 2 / Article 2 / Section 213
37-213 Board of appeals
Status: in_force

37-213. Board of appeals

A. There is established a board of appeals consisting of five members appointed by the governor pursuant to section 38-211. No more than three members shall be appointed from the same political party. Members shall be appointed as follows:

1. One member from each of three districts into which the state is divided as follows:

(a) First district: Pima, Santa Cruz, Cochise, Graham and Greenlee counties.

(b) Second district: Maricopa, Yuma, La Paz, Pinal and Gila counties.

(c) Third district: Mohave, Yavapai, Coconino, Apache and Navajo counties.

2. The remaining two members of the board of appeals shall be appointed at large by the governor.

B. To be eligible for appointment as a member of the board a person shall be experienced in the classification and appraisal of all types of real estate.

C. The term of office of each member is six years, ending on the third Monday in January of the sixth year after his appointment. Appointments to fill vacancies resulting other than from expiration of term shall be for the unexpired portion of the term only.

D. Each member of the board is eligible to receive compensation as determined pursuant to section 38-611.

E. The board may adopt administrative rules necessary to perform its duties prescribed by law.
A.R.S. § 37-282.01 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 282.01
37-282.01 Mass appraisals; notice; procedure; definitions
Status: in_force

37-282.01. Mass appraisals; notice; procedure; definitions

A. Before undertaking a mass appraisal pursuant to section 37-132, subsection A, paragraph 5, the commissioner shall:

1. Notify in writing all lessees, permittees and right-of-way grantees currently occupying state land for the use to which the mass appraisal would apply and solicit comments from the affected parties and any valuation information, including comparables, that the affected parties might voluntarily provide.

2. Notify in writing known industry, trade and professional organizations that typically represent occupants of state lands for the use to which the mass appraisal would apply and solicit comments from the organizations and any valuation information, including comparables, that the organizations might voluntarily provide.

3. Provide the affected parties and organizations ninety days to submit written comments and valuation information, including comparable data.

B. Valuation information, including comparable data, submitted to the department pursuant to subsection A of this section must include information typically used for valuation purposes.  The commissioner shall consider all valuation information, including comparable data.

C. Industry, trade and professional organizations that do not receive notice pursuant to subsection A, paragraph 2 of this section and that wish to provide comments and valuation information, including comparable data, have ninety days from the date of the notice provided in subsection A of this section to identify themselves in writing to the department and provide comments and valuation information, including comparable data.

D. The commissioner shall base mass appraisals on valuation information including comparables that are consistent with the market for that land use in this state, to the extent that adequate valuation information, including comparable data, is available.  The commissioner shall consider whether there are different markets for that land use within different areas of the state, including urban, suburban and rural, and require that these different markets are appropriately addressed in the mass appraisal.

E. In using valuation information, including comparable data, on lands in preparing a mass appraisal, the commissioner shall take into account, if applicable, the specific terms and conditions of leases, permits and right-of-way grants affecting the lands, including:

1. Any costs incurred by the occupier of the land to prepare the land for use, including acquisition of rights-of-way for access to the land and extension of utility services necessary to use the land.

2. Whether the occupier of the land may subsequently sublease, permit or license the land or improvements on the land to obtain third-party revenue and the extent to which the improvement being sublet, permitted or licensed is leased, permitted or licensed to the occupier of the land.

F. At least sixty days before the commissioner submits a mass appraisal to the board of appeals for approval, rejection or modification, the commissioner shall notify in writing all parties who were notified or provided comments and valuation information pursuant to subsection A or C of this section and shall make available on the department's website a copy of the mass appraisal to be acted on by the board of appeals.  The commissioner shall provide a hard copy of the mass appraisal to any person who requests it pursuant to section 37-102, subsection F.  The notice shall advise the recipients of their right to appear before the board of appeals regarding the mass appraisal.

G. The commissioner shall adjust the mass appraisal at any time if the commissioner determines that significant changes in market conditions or technology have occurred or that other changed conditions would materially affect the valuation of land uses subject to the mass appraisal.  Before modifying a mass appraisal, the commissioner shall give written notice to holders of leases, permits and right-of-way grants affected by the mass appraisal and to the persons identified in subsection A of this section.  The commissioner shall reappraise any mass appraisal that has not been adjusted in a ten-year period.

H. For the purposes of this section:

1. "Comparables" means similar transactions, within a relevant time period, between unrelated parties involving similar uses of similar property in which none of the differences, if any, between the transactions could materially affect the valuation or in which reasonably accurate adjustments may be made to eliminate the effect of the differences.

2. "Mass appraisal" means an appraisal that the commissioner proposes to use to set rental or fees for multiple applications from multiple persons for a specific use of state lands by lease, permit or right-of-way grant.  Multiple applications for similar land uses in a defined geographic region that are appraised by a single appraiser shall not be considered a mass appraisal.
A.R.S. § 37-312 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 312
37-312 Nominating and classifying trust land as suitable for conservation purposes
Status: in_force

37-312. Nominating and classifying trust land as suitable for conservation purposes

A. On the commissioner's initiative, on petition as provided by subsection C of this section or as provided by section 37-332, the commissioner may nominate certain trust lands as being under consideration for classification as trust lands suitable for conservation purposes. The commissioner shall not nominate trust lands as being under consideration for classification as trust lands suitable for conservation purposes unless the trust lands are eligible for classification under this section and are located within:

1. One mile of the corporate boundaries of an incorporated city or town having a population of less than ten thousand persons.

2. Three miles of the corporate boundaries of an incorporated city or town having a population of ten thousand persons or more.

3. Ten miles of the boundaries that are established in paragraph 1 or 2 of this subsection and that are located within counties with a population greater than five hundred thousand persons and are adjacent to lands that are eligible for conservation and share with them a specific physical characteristic such as a reach of a river, a mountain slope or an archaeological feature.

B. In addition to the lands identified in subsection A, paragraphs 1 through 3 of this section, the following lands may be nominated for reclassification by the commissioner:

1. Those lands within the Tortolita mountain park in Pinal county located within T10S, R12E and T10S, R13E.

2. Those lands in the vicinity of the Superstition mountains in Pinal county located within T1N, R9E; T1N, R10E; T1S, R9E; and T1S, R10E.

3. Those lands in the vicinity of the San Tan mountains in Pinal county located within T3S, R7E, section 10, the northwest quarter of the southeast quarter and the south half of the southeast quarter; section 15, the north half and southeast quarter.

4. The following lands located in Coconino county:

(a) T19N, R5E, section 3.

(b) T19N, R6E, sections 5 and 6.

(c) T20N, R5E, sections 2, 8, 10, 12, 14, 18, 20, 22, 24, 26, 28, 30, 32, 34 and 36.

(d) T20N, R6E, sections 4, 5, 6, 8, 10, 14, 17, 18, 20, 22, 26, 28, 30, 32 and 34.

(e) T21N, R6E, sections 21, 22, 28, 31, 32 and 33.

C. The commissioner shall receive a petition to nominate trust lands as being under consideration for classification as trust lands suitable for conservation purposes from:

1. A state agency that leases the land or intends to lease or purchase the land.

2. The board of supervisors of the county in which the land is located.

3. The governing body of a city or town if the land is located within:

(a) The corporate boundaries of the city or town.

(b) One mile outside the corporate boundaries and the city or town has a population of less than ten thousand persons.

(c) Three miles outside the corporate boundaries and the city or town has a population of ten thousand persons or more.

4. Ten or more private individuals who:

(a) Reside in the county in which the land is located.

(b) Have the financial capability to lease or purchase the land.

5. A nonprofit corporation or trust, the purpose or powers of which include conservation of natural, scenic, open space or other conservation values.

6. The current lessee of the land.

7. A business or corporation that is legally empowered to own or manage real property in this state and that intends to lease or purchase the land.

D. A petitioner who requests the commissioner to reclassify the land pursuant to this article solely or partially on grounds that the land contains cultural resources worthy of conservation shall provide, on the commissioner's request, a report on the results of a cultural resources survey of the petitioned land for the commissioner's consideration before determining if the reclassification is in the best interest of the trust.

E. Unless the commissioner nominates the trust lands under section 37-332, a petitioner shall post a bond or other security sufficient to cover the costs of the planning, notice, advertisement and public hearing as required by this article and as determined by the commissioner. The bond or security is forfeit to this state if the commissioner reclassifies the land pursuant to this article.

F. The commissioner shall not nominate or classify trust land as suitable for conservation purposes if a development plan was approved for the land pursuant to article 5.1 of this chapter before July 26, 1996.  The commissioner may nominate and classify trust land as suitable for conservation purposes in an area within a development plan approved after July 26, 1996 if appropriate conservation purposes are incorporated within the development plan prepared for the commissioner's approval. In nominating and classifying trust land as suitable for conservation purposes under this subsection, the commissioner shall follow the procedures for requesting local government zoning pursuant to section 37-334, subsection E.

G. Unless the commissioner nominates the trust lands under section 37-332, after nominating the trust lands under subsection A or B of this section, the commissioner shall:

1. Mail notice of intent to classify the lands as trust lands suitable for conservation purposes to the beneficiary or beneficiaries for whom the lands are held in trust, existing lessees, local planning authorities, the appropriate regional planning authorities and owners of private land that consists of forty or more acres and that is located within three hundred feet of the trust land.  The notice shall include the date, time and place of the public hearing to be held pursuant to subsection H of this section and a request for written comments on the proposed classification within thirty days after the date of notice.

2. Within thirty days after giving the notice under paragraph 1 of this subsection:

(a) Publish the notice stating a date, time and place of a public hearing for six publications in a newspaper of general circulation in the county in which the designated lands are located.

(b) Mail the notice to any person who has requested notice of any classification under this article.

(c) Mail the notice to the Arizona game and fish department, the Arizona department of agriculture, the Arizona state parks board, the Arizona department of transportation and any other affected state agency.

H. Within sixty days after the last date of publication of notice under subsection G of this section, the commissioner or the commissioner's designee shall conduct a public hearing in a location in this state as close as conveniently possible to the trust land to receive and record oral and written testimony concerning the proposed classification.

I. In determining whether reclassification is in the best interest of the trust, the commissioner shall:

1. Consult with the governing body of each city or town in which the land proposed for reclassification is located or to which the land is contiguous, the county board of supervisors of each county in which the land is located if the land is not located within the boundaries of a city or town and the local planning and zoning authorities, including the affected regional planning authorities.

2. Consider all evidence and testimony that are submitted at the hearing that was held pursuant to:

(a) Subsection H of this section if the commissioner nominated the trust lands under this section.

(b) Section 37-332, subsections B, C and D if the commissioner nominated the trust lands under section 32-332.

3. Consider the physical and economic impacts that the reclassification would have on other lands owned or controlled by the current lessee and the physical and economic impacts on the local community.

4. Consider the existence of any holding lease on the lands.

5. Consider the existence of any planning permit issued by the commissioner for the lands pursuant to article 5.1 of this chapter.

6. Consider the amount of progress on any development plans being completed for the lands pursuant to article 5.1 of this chapter.

7. Evaluate the mineral potential of the land.

J. The commissioner shall determine whether the reclassification is in the best interest of the trust and, in making the determination, shall state in writing the reasons why the classification is or is not in the best interests of the trust.

K. If the commissioner reclassifies the trust land as suitable for conservation purposes, the commissioner shall adopt a plan to allow existing and conservation uses to be coordinated in a manner that will protect both existing uses and conservation and open space values. If the reclassified trust land is unleased or the petitioner is the lessee pursuant to subsection C, paragraph 6 of this section, the commissioner may require a plan from the petitioners describing how the property is to be managed. In adopting the plan, the commissioner shall consult with:

1. The governing body of the city or town if the land is located in a city or town.

2. The county board of supervisors if the land is not located in a city or town.

3. Existing lessees of the trust land, local and regional planning authorities and owners of private land who provided written comments pursuant to subsection G, paragraph 1 of this section.

4. Any other person or entity that the commissioner considers to be necessary.

L. The classification of state land as suitable for conservation does not affect the designation or use of adjacent federal, state or private land.

M. A person who is adversely affected by the commissioner's decision to reclassify land as suitable for conservation purposes may appeal the decision to the board of appeals pursuant to section 37-215.

N. On classifying trust lands suitable for conservation purposes, existing leases shall not be canceled or modified as a result of any actions taken pursuant to this article, and renewals of existing leases shall be pursuant to section 37-291.
A.R.S. § 37-1302 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1302
37-1302 Powers and duties of state forester; rules; legislative presentation; report; acceptance of federal law
Status: in_force

37-1302. Powers and duties of state forester; rules; legislative presentation; report; acceptance of federal law

A. The state forester is designated as the agent of this state and shall administer this chapter.  The state forester shall:

1. Exercise and perform all powers and duties vested in or imposed on the Arizona department of forestry and fire management.

2. Adopt rules necessary to discharge the powers and duties of the Arizona department of forestry and fire management, including rules that create efficiencies, protect the public health and safety and prescribe budgetary obligations.

3. Subject to title 41, chapter 4, article 4, appoint an assistant director to the office of the state fire marshal, a state fire training officer and a state fire resource coordinator, all of whom serve at the pleasure of the state forester.

4. Subject to title 41, chapter 4, article 4, employ, determine the terms and conditions of employment of and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of the Arizona department of forestry and fire management's duties. The compensation of department employees shall be as determined pursuant to section 38-611.

5. Contract for the services of outside advisors, consultants and aides as may be reasonably necessary.

6. Perform all management and administrative functions assigned or delegated to this state by the United States relating to forestry and financial assistance and grants relating to forestry and wildfire prevention, mitigation and suppression activities. The state forester shall obtain and maintain a copy of the initial and any revised delegation of authority agreement entered into with the United States.

7. Identify sources of information relating to forest management, including wildfire prevention, mitigation, suppression and recovery and administrative and judicial appeals and litigation with respect to timber sales and forest thinning projects in this state, and develop procedures for compiling and distributing that information.

8. Take necessary action to maximize state fire assistance grants, including establishing timelines for using grant monies and reallocating lapsed grant monies to other projects.

9. Conduct education and outreach in forest communities by explaining the wildfire threat to private property caused by the lack of timber harvesting, forest thinning, land management and watershed protection and enhancement.

10. Monitor and conduct forestry projects and wildfire prevention, mitigation and suppression activities.

11. Assist in the development of the forestry products industry in this state.

12. Intervene on behalf of this state and its citizens in administrative and judicial appeals and litigation that challenge governmental efforts supported by the state forester if the state forester determines that intervention is in the best interests of this state.

13. Annually develop and implement a comprehensive statewide wildfire response plan for the deployment of state, county, municipal, fire district, volunteer fire association and private fire service provider contract resources to wildfire suppression activities. The statewide wildfire response plan shall take into account anticipated fire conditions and fire severity and may include prepositioning resources as necessary.  The state forester shall consult with federal land management firefighting agencies, state and county emergency agencies, municipal fire departments, fire districts, statewide fire district and statewide fire chiefs associations, volunteer fire departments and private fire contractors in the development of the comprehensive statewide wildfire response plan, the implementation of standards for training and certification for all classes of wildland fire and hazard personnel and the implementation of standards for wildland fire apparatus and equipment that are deployed under cooperative agreements with the state forester.

14. Provide necessary oversight to ensure standardized training and certification for all classifications of firefighters to be deployed to any incident.

15. Develop recommendations for minimum standards for safeguarding life and property from wildland fires and fire hazards, preventing wildland fires and alleviating fire hazards.

16. Develop recommendations for minimum standards for the storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials in wildland-urban interface areas.

17. Consult with the department of public safety, the department of emergency and military affairs and local governments regarding the establishment of fire evacuation routes and community alert systems.

18. Make recommendations for minimum standards for the creation of defensible spaces in and around wildland-urban interface areas as authorized by existing county and municipal laws and ordinances.

B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues and provide a written report to each of those legislative committees, the governor and the secretary of state. The state forester shall collaborate with, and invite the participation of, relevant state, federal and local governmental officers and agencies. The presentation and written report shall include information concerning:

1. Forestry management, including the current conditions of the forests in this state on federal, state and private property as affected by federal, state and local public policies, climatic conditions, wildfire hazards, pest infestations, overgrowth and overgrowth control policies and methods and the effects of current federal policy on forest management and impacts on forest land management.

2. The wildland-urban interface, including the effects of county and municipal zoning policies and wildfire hazards on public and private property.

3. Wildfire emergency management and all hazard response issues, including:

(a) Intergovernmental and interagency primacy, cooperation, coordination, roles and training of federal, state and local forestry, firefighting and law enforcement agencies.

(b) Channels and methods of communicating emergency information to the public.

(c) The roles of governmental and nongovernmental disaster relief agencies and organizations.

(d) The level of federal, state and local emergency funding.

4. Current and ongoing wildfire mitigation and suppression activities.

5. The associated budget allocated for wildfire mitigation and suppression and the expected actual costs.

C. The state forester may:

1. Furnish technical advice to the people of this state on forestry and land management matters.

2. Do all other acts necessary to take advantage of and carry out the provisions of the act of Congress described in subsection D of this section.

D. This state accepts the provisions of the cooperative forestry assistance act of 1978 (P.L. 95-313; 92 Stat. 365; 16 United States Code chapter 41) providing for federal forestry assistance programs to states.
A.R.S. § 37-503 — Arizona Code / Title 37 / Chapter 2 / Article 12 / Section 503
37-503 Disposition of personal property unlawfully abandoned on state land
Status: in_force

37-503. Disposition of personal property unlawfully abandoned on state land

A. Except as provided by title 28, chapter 11 and section 37-288.01, the department may dispose of or contract for the disposal of personal property on state land without legal process if the department reasonably determines that the property was deposited by:

1. A person who was trespassing on state trust land.

2. A permittee or lessee of the department who deposited the property while engaging in activities that are not authorized by the permit or lease.

B. If the department reasonably determines that the value of the property is more than the cost of removing it, the department:

1. Shall post on the property a conspicuous notice of pending disposal of the property at least ten days before disposing of the property pursuant to subsection A of this section.

2. May deliver the property to the department of administration for disposal pursuant to title 41, chapter 23, article 8, if the property is not removed within ten days after the department posts the notice pursuant to paragraph 1 of this subsection.

C. If the department reasonably determines that the value of the property is more than the cost of removing it and that the property creates a risk to public health or safety, the department shall promptly take action to reduce the risk posed by the property that may include:

1. Erecting a temporary fence or other barrier around the property.

2. Posting a conspicuous notice on the barrier or property warning of the risk.

3. Immediately removing the property to a secure location, notwithstanding subsection B of this section.  If the department considers that removal to a secure location is necessary:

(a) The department shall post a notice in place of the property stating:

(i) The date the property was removed.

(ii) That the department may dispose of the property within ten days after the date of the notice unless the owner redeems the property by paying the department’s costs of removing and storing the property.

(iii) The name, street address and telephone number of the department’s agent who an owner may contact in response to the notice.

(b) The department is not liable for any loss or damage to the property.

D. Notwithstanding any provision of this section, if the personal property is mechanical equipment bearing a serial number or registration number, the department shall take reasonable efforts to identify any lienholder of record, provide written notice to any identified lienholder of record and refrain from disposal of the property until thirty days after the date of the notice. If the lienholder chooses to recover the property, the lienholder shall reimburse the department the reasonable costs incurred in removing and storing the property, identifying and contacting the lienholder.

E. This section does not limit the department from recovering its costs of removing and disposing of personal property on state land according to the terms of a permit or lease or as otherwise allowed by law.
A.R.S. § 37-132 — Arizona Code / Title 37 / Chapter 1 / Article 2 / Section 132
37-132 Powers and duties
Status: in_force

37-132. Powers and duties

A. The commissioner shall:

1. Exercise and perform all powers and duties vested in or imposed on the department and prescribe such rules as are necessary to discharge those duties.

2. Exercise the powers of surveyor-general except for the powers of the surveyor-general exercised by the state treasurer as a member of the selection board pursuant to section 37-202.

3. Make long-range plans for the future use of state lands in cooperation with other state agencies, local planning authorities and political subdivisions.

4. Promote the infill and orderly development of state lands in areas beneficial to the trust and prevent urban sprawl or leapfrog development on state lands.

5. Classify and appraise all state lands, together with the improvements on state lands, for the purpose of sale, lease or grant of rights-of-way.  The commissioner may impose such conditions and covenants and make such reservations in the sale of state lands as the commissioner deems to be in the best interest of the state trust. The provisions of this paragraph are subject to hearing procedures pursuant to title 41, chapter 6, article 10 and, except as provided in section 41-1092.08, subsection H, are subject to judicial review pursuant to title 12, chapter 7, article 6.

6. Have authority to lease for grazing, agricultural, homesite or other purposes, except commercial, all land owned or held in trust by this state.

7. Have authority to lease for commercial purposes and sell all land owned or held in trust by this state, but any such lease for a term longer than ten years for commercial purposes or any such sale shall first be approved by the board of appeals.

8. Except as otherwise provided, determine all disputes, grievances or other questions pertaining to the administration of state lands.

9. Appoint deputies and other assistants and employees necessary to perform the duties of the department and assign their duties subject to title 41, chapter 4, article 4 and require of them such surety bonds as the commissioner deems proper. The compensation of the deputy, assistants or employees shall be as determined pursuant to section 38-611.

10. Make a written report to the governor annually, not later than September 1, disclosing in detail the activities of the department for the preceding fiscal year and publish it for distribution. The report shall include an evaluation of auctions of state land leases held during the preceding fiscal year considering the advantages and disadvantages to the state trust of the existence and exercise of preferred rights to lease reclassified state land.

11. Withdraw state land from surface or subsurface sales or lease applications if the commissioner deems it to be in the best interest of the trust.  This closure of state lands to new applications for sale or lease does not affect the rights that existing lessees have under law for renewal of their leases and reimbursement for improvements.

B. The commissioner may:

1. Take evidence relating to, and may require of the various county officers information on, any matter that the commissioner has the power to investigate or determine.

2. Under such rules as the commissioner adopts, use private real estate brokers to assist in any sale or long-term lease of state land and pay, from fees collected under section 37-107, subsection B, paragraph 1, a commission to a broker that is licensed pursuant to title 32, chapter 20 and that provides the purchaser or lessee at auction. The purchaser or lessee at auction is not eligible to receive a commission pursuant to this paragraph. A commission shall not be paid on a sale or a long-term lease if the purchaser or lessee is a political subdivision of this state.

3. Require a permittee, lessee or grantee to post a surety bond or any form of collateral deemed sufficient by the commissioner for performance or restoration purposes. The commissioner shall use the proceeds of a bond or collateral only for the purposes determined at the time the bond or collateral is posted. For agricultural lessees, the commissioner may require collateral as follows:

(a) As security for payment of the annual assessments levied by the irrigation district in which the state land is located if the lessee has a history of late payments or defaults. The amount of the collateral required may not exceed the annual assessment levied by the irrigation district.

(b) As security for payment of rent, if an extension of time for payment is requested or if the lessee has a history of late payments of rent. The collateral shall be submitted at the time any extension of time for payment is requested.  The amount of the collateral required may not exceed the annual amount of rent for the land.

(c) A surety bond shall be required only if the commissioner determines that other forms of collateral are insufficient.

4. Withhold market and economic analyses, preliminary engineering, site and area studies and appraisals that are collected during the urban planning process from public viewing before they are submitted to local planning and zoning authorities.

5. Withhold from public inspection proprietary information received during lease negotiations. The proprietary information shall be released to public inspection unless the release may harm the competitive position of the applicant and the information could not have been obtained by other legitimate means.

6. Issue permits for short-term use of state land for specific purposes as prescribed by rule.

7. Contract with a third party to sell recreational permits.  A third party under contract pursuant to this paragraph may assess a surcharge for its services as provided in the contract, in addition to the fees prescribed pursuant to section 37-107.

8. Close urban lands to specific uses as prescribed by rule if necessary for dust abatement, to reduce a risk from hazardous environmental conditions that pose a risk to human health or safety or for remediation purposes.

9. Notwithstanding subsection A, paragraph 4 of this section, authorize, in the best interest of the trust, the extension of public services and facilities either:

(a) That are necessary to implement plans of the local governing body, including plans adopted or amended pursuant to section 9-461.06 or 11-805.

(b) Across state lands that are either:

(i) Classified as suitable for conservation purposes pursuant to section 37-312.

(ii) Sold or leased at auction for conservation purposes.

10. Contract with a qualified third-party reviewer that is selected by the commissioner to review any application submitted to the department if the commissioner determines that the department will not be able to take action on the application within sixty working days after the application is submitted to the department. A third-party reviewer that reviews an application pursuant to this paragraph shall do both of the following:

(a) Review the application and take all other related actions in accordance with all requirements that are adopted by the department.

(b) Notify the department and the applicant of the findings of the review.

C. The commissioner or any deputy or employee of the department may not have, own or acquire, directly or indirectly, any state lands or the products on any state lands, any interest in or to such lands or products, or improvements on leased state lands, or be interested in any state irrigation project affecting state lands.
A.R.S. § 37-620.11 — Arizona Code / Title 37 / Chapter 2 / Article 18 / Section 620.11
37-620.11 Enactment of compact
Status: in_force

37-620.11. Enactment of compact

The interstate compact for jurisdiction on the Colorado river is enacted into law as follows:

Section I. Concurrent Jurisdiction

A. If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado river forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct that is committed anywhere on the boundary water between the two states and concurrent jurisdiction to arrest offenders for prohibited conduct that is committed on any land mass within twenty-five air miles of the Colorado river or within twenty-five air miles of any lake that is formed by or is a part of the Colorado river.

B. This compact does not authorize:

1. Prosecution of any person for conduct which is lawful in the state where it was committed.

2. Any conduct prohibited by any party state.

Section II. Ratification

This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by at least two states of which the Colorado river forms a common boundary.
A.R.S. § 37-526 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 526
37-526 Central Arizona project municipal and industrial repayment fund
Status: in_force

37-526. Central Arizona project municipal and industrial repayment fund

A. The central Arizona project municipal and industrial repayment fund is established consisting of:

1. Revenues from the transfer of central Arizona project municipal and industrial water rights and the sale of central Arizona project municipal and industrial water pursuant to section 37-106.01.

2. Monies appropriated to the fund by the legislature.

B. Monies in the fund shall be used to make payments charged to this state under the central Arizona project municipal and industrial water service subcontract among the United States, the central Arizona water conservation district and this state. Any monies remaining in the fund after satisfying the subcontract obligations revert to the state general fund.
A.R.S. § 37-1389 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1389
37-1389 Substitute refrigerants; approval by administrator
Status: in_force

37-1389. Substitute refrigerants; approval by administrator

A person shall not use, sell or offer to sell a product intended for use as a refrigerant for any motor vehicle, residential, commercial or industrial air conditioning system, refrigerator or other cooling or heating device unless it has been approved for use by the administrator of the United States environmental protection agency or it meets one of the following standards relating to flammability:

1. SAE J639.

2. SAE J1657.

3. ASHRAE standard 34-1992.

4. UL2182.

5. ASTM E681-85.
A.R.S. § 37-1121 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1121
37-1121 Arizona navigable stream adjudication commission
Status: in_force

37-1121. Arizona navigable stream adjudication commission

A. The Arizona navigable stream adjudication commission is established through June 30, 2028 as a separate agency and independent of the state land department. The commission consists of five persons, not more than three of whom are from the same political party, who are appointed by the governor pursuant to section 38-211. The terms of office of members of the commission end on July 1, 2028. Persons who are appointed to the commission must be well-informed on issues relating to rivers and streams in this state.  The commission shall select a presiding officer from among its members.

B. Members of the commission are public officers for the purposes of title 38, chapter 3, article 8 and title 38, chapter 3.1. A person who has advocated for or expressed a desire that a watercourse in this state be determined to have been navigable or nonnavigable may not serve as a commission member.  A commission member who is a witness, gives evidence or makes statements of personal knowledge of the characteristics of navigability of a watercourse for the commission's consideration shall not participate as a commission member in proceedings relating to that watercourse. A commission member shall not:

1. Have any bias regarding the possible navigability of any watercourse.

2. Own, obtain a significant portion of income from or claim any ownership or possessory interest in lands affected by this chapter.

3. Directly or indirectly receive a significant portion of income from a person who claims an ownership or possessory interest in lands affected by this chapter or from a person who obtains a significant portion of income from such lands or shall not have been employed by such persons within two years before or be employed by such persons within two years after the commission member's term of office.

C. Funding for the commission and its necessary and reasonable expenses, including contracting for private services, shall be provided from legislative appropriations as may be necessary for the commission to fulfill its responsibilities. All unexpended and unencumbered monies appropriated to the commission revert to the state general fund on July 1, 2028.

D. The governor, on good cause shown, may remove a member for neglect of duty or misconduct or malfeasance in office. On removal, the governor shall file with the secretary of state a complete statement of all charges made against the member, the governor's findings and a complete record of the disciplinary proceedings conducted with respect to the removal.

E. Members are eligible to receive compensation pursuant to section 38-611 for service on the commission, unless a member who is otherwise employed as a public officer is prohibited from receiving additional compensation.

F. The commission shall maintain its principal office at the state capital but may hold meetings or hearings any place in this state. The commission shall meet at least once each calendar quarter, except that if the commission has completed all inquiries and hearings required under this chapter, the commission is not required to meet. The presiding officer or a majority of the members may call additional meetings. On termination, the commission shall transmit all of its records to the secretary of state.

G. If a vacancy occurs on the commission, the governor may appoint a replacement member pursuant to section 38-211.

H. Notwithstanding section 41-192, the attorney general shall not advise or represent the commission.

I. For the purposes of subsection B of this section, "significant portion of income" means ten percent or more of gross personal income for a calendar year.
A.R.S. § 37-1122 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1122
37-1122 General powers and duties of the commission
Status: in_force

37-1122. General powers and duties of the commission

A. The commission shall:

1. Adopt administrative rules that in its discretion it considers to be necessary and proper to carry out the provisions and purposes of this chapter.

2. Assemble and distribute information to the public relating to the commission's determination of navigability or nonnavigability of any watercourse and the commission's other activities.

3. Conduct inquiries or hearings in performing the commission's powers and duties. The commission shall conduct its proceedings informally without adherence to judicial rules of procedure or evidence. The commission shall facilitate participation by persons who are not represented by legal counsel and shall not require a person to file documents or notices in order to be heard and participate in proceedings before the commission.

4. Exercise such other powers as may be necessary to fully carry out its responsibilities imposed by this chapter.

B. The commission may employ subject to title 41, chapter 4, article 4 or contract for legal counsel, independent from the attorney general, and other professional and administrative services. Legal counsel retained by the commission may advise and represent the commission in connection with legal matters before other departments and agencies of this state and represent the commission in litigation concerning the affairs of the commission.  Contracts for legal and professional services are exempt from section 41-192 and title 41, chapter 23.
A.R.S. § 37-701 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 701
37-701 Acceptance of Carey land acts; state agency
Status: in_force

37-701. Acceptance of Carey land acts; state agency

The state accepts the conditions of the acts of Congress known as the Carey land acts, and the grants of land upon the conditions imposed by those acts. The selection, management and disposal of lands granted by those acts shall vest in the state land department.
A.R.S. § 37-1371 — Arizona Code / Title 37 / Chapter 9 / Article 3.1 / Section 1371
37-1371 Enactment of compact; authority to join
Status: in_force

37-1371. Enactment of compact; authority to join

The governor may enter into a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

Article I

The purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by maintaining adequate forest firefighting services by the member states and by providing for reciprocal aid in fighting forest fires among the compacting states of the region, including South Dakota, North Dakota, Wyoming, Colorado and any adjoining state of a current member state.

Article II

This compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it.

Article III

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state, consult with like officials of the other member states and implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put into effect a forest fire plan for that state.

Article IV

If the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with maintaining protection at home.

Article V

If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

A member state and its officers and employees rendering outside aid pursuant to this compact are not liable on account of any act or omission on the part of such forces while so engaged or on account of maintaining or using any equipment or supplies in connection with rendering the outside aid.

All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state, under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of, any equipment used in answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of employees and equipment incurred in connection with the request. This compact does not prevent any assisting member state from assuming the loss, damage, expense or other cost from loaning the equipment or from donating the services to the receiving member state without charge or cost.

Each member state shall ensure that workers' compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.

For the purposes of this compact, "employee" includes any volunteer or auxiliary legally included within the forest firefighting forces of the aiding state under the laws of the aiding state.

The compact administrators may formulate procedures for claims and reimbursement under this article in accordance with the laws of the member states.

Article VI

Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest firefighting forces, equipment, services or facilities of any member state.

This compact does not authorize or permit any member state to curtail or diminish its forest firefighting forces, equipment, services or facilities. Each member state shall maintain adequate forest firefighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.

This compact does not limit or restrict the powers of any state ratifying the compact to provide for the prevention, control and extinguishment of forest fires or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in the prevention, control and extinguishment in the state.

This compact does not affect any existing or future cooperative relationship or arrangement between the United States forest service and a member state or states.

Article VII

Representatives of the United States forest service may attend meetings of the compact administrators.

Article VIII

The provisions of articles IV and V of this compact that relate to reciprocal aid in combating, controlling or preventing forest fires are operative as between any state party to this compact and any other state that is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the legislature of the other state has given its assent to the mutual aid provisions of this compact.

Article IX

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
A.R.S. § 37-174 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 174
37-174 Powers
Status: in_force

37-174. Powers

The division may:

1. Apply for and accept grants, contributions and appropriations for carrying out the functions of the division.

2. Contract for professional services if such work or services cannot be satisfactorily performed by its employees or by any other state agency.

3. Request and utilize the advice and services of all federal, state, local and regional agencies.

4. Correspond, confer and represent its own interest or the interest of any political subdivision upon request.
A.R.S. § 37-620 — Arizona Code / Title 37 / Chapter 2 / Article 17 / Section 620
37-620 Vesting of concurrent criminal jurisdiction in the United States over certain lands and areas
Status: reserved

37-620. Vesting of concurrent criminal jurisdiction in the United States over certain lands and areas

A. Concurrent criminal jurisdiction over any lands in this state heretofore reserved from public domain or acquired by the United States as identified in subsection D of this section, and any additions made to such lands, is hereby vested in the United States on completion of the conditions set forth in subsection B of this section, except that the jurisdiction of this state over such lands shall continue.

B. Concurrent criminal jurisdiction vests as to the lands in each area identified in subsection D of this section when the United States submits to the governor of this state a formal written request for concurrent criminal jurisdiction accompanied by a satisfactory legal description and plat of the area, and on approval by the governor granting concurrent jurisdiction the legal description and plat shall be filed by the governor with the county recorder of each county in which the land is situated. This state may withdraw jurisdiction over any land or area three years after written notification by the governor to the United States secretary of the interior.

C. The concurrent criminal jurisdiction hereby vested continues only as long as the United States continues to own or control the lands within those areas. In the case of any lands included within the boundaries of the areas set forth in subsection D of this section that are not owned or controlled by the United States, the jurisdiction does not change by operation of this section.

D. The lands subject to this section are all those lands that are owned or controlled by the United States and that are now or hereafter included within the exterior boundaries of:

1. The national park service lands consisting of:

(a) Canyon de Chelly national monument.

(b) Casa Grande Ruins national monument.

(c) Chiricahua national monument.

(d) Coronado national memorial.

(e) Fort Bowie national historic site.

(f) Glen Canyon national recreation area.

(g) Grand Canyon national park.

(h) Hohokam Pima national monument.

(i) Hubbell Trading Post national historic site.

(j) Lake Mead national recreation area.

(k) Montezuma Castle national monument.

(l) Navajo national monument.

(m) Organ Pipe Cactus national monument.

(n) Petrified Forest national park.

(o) Pipe Spring national monument.

(p) Saguaro national monument.

(q) Sunset Crater national monument.

(r) Tonto national monument.

(s) Tumacacori national monument.

(t) Tuzigoot national monument.

(u) Walnut Canyon national monument.

(v) Wupatki national monument.

2. Those lands administered by the bureau of reclamation or its successor agency of the United States department of the interior consisting of:

(a) Davis dam.

(b) Glen Canyon dam.

(c) Hoover dam.

(d) Imperial dam.

(e) Laguna dam.

(f) Parker dam.

3. Lands administered by the United States department of defense or its successor land management agency consisting of:

(a) The Barry M. Goldwater range. This subdivision is effective only after a memorandum of understanding has been completed with the sheriff of a county that has territory within the Barry M. Goldwater range to address lead investigative agency responsibilities on specific crimes and other coordinating matters. For the purposes of this subdivision, the Barry M. Goldwater range is defined by the military lands withdrawal act of 1999 (P.L. 106-65) and federal register volume 66, number 231, Friday, November 30, 2001.

(b) The Yuma proving ground. This subdivision is effective only after a memorandum of understanding has been completed with the sheriff of a county that has territory within the Yuma proving ground to address lead investigative agency responsibilities on specific crimes and other coordinating matters.
A.R.S. § 37-613 — Arizona Code / Title 37 / Chapter 2 / Article 15 / Section 613
37-613 Power of state to serve process upon land ceded United States for penal purposes
Status: in_force

37-613. Power of state to serve process upon land ceded United States for penal purposes

Any land over which exclusive or concurrent jurisdiction is ceded by the state to the United States, the state retains concurrent jurisdiction with the United States for serving process, civil or criminal, issuing under the authority of the state, or any courts, or judicial officers thereof, upon any person amenable thereto, within the limits of the land ceded in like manner as if no cession had taken place.
A.R.S. § 37-1424 — Arizona Code / Title 37 / Chapter 9 / Article 6 / Section 1424
37-1424 Trampoline court owners and operators; requirements; denial of entry; rules
Status: in_force

37-1424. Trampoline court owners and operators; requirements; denial of entry; rules

A. A trampoline court owner or operator shall:

1. Have the trampoline court inspected at least once each year by an insurer or an inspector with whom the insurer has contracted. If an inspection reveals that any component of the trampoline court does not substantially meet the American society for testing and materials standards, the inspector shall notify the state forester and the owner or operator and shall not issue the written certificate of inspection for that component of the trampoline court until the owner or operator meets the standards and makes the repairs or installs the replacement equipment.

2. Maintain at all times a written certificate of the annual inspection.

3. Procure insurance for the trampoline court from an insurer authorized to do business in this state pursuant to section 20-217 or by an insurer on the list of qualified unauthorized insurers pursuant to section 20-413, insuring the owner or operator against liability for injury to persons arising from the use of the trampoline court, in an amount of not less than one million dollars for bodily injury.

4. Maintain and display at all times the certificate of registration.

5. Maintain for a period of at least two years accurate records of any governmental action taken relating to the trampoline court, including any operation permits, insurance certificates, inspection reports, service calls to emergency responders, maintenance and operational records and records documenting the repair or replacement of equipment used in the operation of the trampoline court. The owner or operator of the trampoline court shall provide a copy of these records to the state forester on request when the owner or operator applies for initial registration and when the owner or operator applies for registration renewal.

6. Maintain for a period of at least two years accurate records of service calls to emergency responders from the trampoline court.  Within ten days after a trampoline court makes a service call to an emergency responder, an owner or operator of the trampoline court shall provide a copy of the service call records to the state forester.  The service call records are public records.

B. A registrant must notify the state forester within thirty days after any changes to the information that the registrant submitted to the state forester with the registrant's initial registration application or registration renewal application.

C. A trampoline court owner or operator may deny a person entry to the trampoline court if the owner or operator believes that the entry may jeopardize the safety of the person or any other trampoline court patron.

D. A trampoline court patron shall follow all rules that are posted or provided in writing to the patron by the trampoline court owner or operator. The rules must include a statement that there are inherent risks in the participation in a trampoline court activity or on any trampoline court and that a trampoline court patron, by participation, understands the risks inherent in the participation of which the ordinary prudent person is or should be aware. The rules must specify that a trampoline court patron:

1. Shall:

(a) Exercise good judgment and act in a responsible manner while using a trampoline court and obey all oral or written warnings before and during participation.

(b) Meet height, weight and age restrictions imposed by the owner to use the trampoline court or participate in the trampoline court activity.

2. Shall not:

(a) Participate in a trampoline court activity or on any trampoline court when under the influence of drugs or alcohol.

(b) Participate in a trampoline court activity or on any trampoline court if the patron may be pregnant, has had recent surgery, has a preexisting medical condition, circulatory condition, heart or lung condition, back or neck condition or history of spine, musculoskeletal or head injuries or has high blood pressure.
A.R.S. § 37-335.01 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 335.01
37-335.01 Compensation and reimbursement of lessee upon cancellation of lease
Status: in_force

37-335.01. Compensation and reimbursement of lessee upon cancellation of lease

A. If an existing lease is cancelled due to reclassification under section 37-335, and if the existing lessee either did not utilize his preferred right to lease the reclassified land or was unsuccessful in obtaining the reclassified lease, the lessee is entitled to receive reimbursement for non-removable improvements as provided in section 37-322.01, and to receive reasonable compensation as provided in subsection B of this section for damages sustained by reason of the cancellation of the lease.

B. The commissioner shall determine the amount of reasonable compensation for damages sustained by the lessee after consideration of the following factors:

1. The time remaining in the term of the lease at the time that the lease is cancelled.

2. The actual use of the leased land.

3. The rentals paid during the term of the lease.

4. The actual amount of economic damage to the production unit caused by cancellation of the lease. In determining the amount of economic damage to the production unit, the commissioner shall not limit the scope of his review to only that portion of the lands involved in the reclassification for the purposes of urban lands development, but shall take into consideration the impact of the loss of these lands upon the overall production unit, including situations where other leased or private lands are necessary and have been leased by the existing lessee for operation as a production unit.

5. Other factors that the commissioner or the existing lessee determine to be relevant.

C. The commissioner's determination of reasonable compensation for damages under this section may be appealed as provided in section 37-214.

D. Payments for reimbursement or compensation or both as established in this section shall be made by the purchaser or lessee of the reclassified land to the lessee who had been the existing lessee at the time of sale or upon the signing of the lease for the reclassified land. This section shall not prevent the payment for reimbursement or compensation or both from being made in installments if this process is agreed to by the lessee who had been the existing lessee and the purchaser or subsequent lessee.
A.R.S. § 37-483 — Arizona Code / Title 37 / Chapter 2 / Article 11 / Section 483
37-483 Program to remove vegetative natural products; hazardous vegetation; definition
Status: in_force

37-483. Program to remove vegetative natural products; hazardous vegetation; definition

A. The commissioner and the state forester shall collaborate to establish a program to remove vegetative natural products for the purposes of fire prevention and forest and watershed restoration and to facilitate the development of wood products industries in this state.

B. To implement the program to remove vegetative natural products from state land, the commissioner and state forester may:

1. Coordinate and contract with public and private entities.

2. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county, city, town, natural resource conservation district or other political subdivision to share the cost of implementing the program.  An intergovernmental agreement entered into pursuant to this paragraph must state the responsibilities of each party with regard to implementing the program to remove vegetative natural products from state lands.

C. To implement the program to remove vegetative natural products where the vegetation is hazardous, the state forester may:

1. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 or a memorandum of understanding with a public agency to identify and remove the hazardous vegetation from land in this state, including state, federal, tribal and private lands for the purposes of fire prevention, forest and watershed restoration and critical infrastructure protection. An intergovernmental agreement or memorandum of understanding entered into pursuant to this subsection must state the responsibilities of each party with regard to implementing the agreement. This paragraph does not apply to state trust land.

2. Use legislative appropriations and accept and spend monies from public agencies, gifts, donations and grants for the costs of implementing this subsection. Monies received pursuant to this paragraph shall be deposited in the cooperative forestry fund established by section 37-1306.

3. Use programs that are designed to reduce recidivism for forest restoration projects on lands located within this state.

D. Consent of the property owner is required to remove hazardous vegetation on private property as prescribed in subsection C of this section.

E. Consent of the tribe is required to remove hazardous vegetation as prescribed in subsection C of this section on tribal land.

F. For the purposes of this section, "public agency" has the same meaning prescribed in section 11-951.
A.R.S. § 37-176 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 176
37-176 Revolving fund; source of monies; claims
Status: in_force

37-176. Revolving fund; source of monies; claims

A. Monies received by the division pursuant to this article, other than appropriations, shall be promptly deposited, pursuant to sections 35-146 and 35-147, by the administrator in a fund to be known as the resource analysis division revolving fund.  Monies in the resource analysis division revolving fund are exempt from section 35-190, relating to the lapsing of appropriations.

B. Expenses to be paid from the resource analysis division revolving fund shall be limited to data processing supplies and support for the geographic information system, including equipment, software and supplies, contract services, maps, equipment and software maintenance, equipment repair and geographic system training.  Claims for expenses shall be approved by the administrator.
A.R.S. § 37-725 — Arizona Code / Title 37 / Chapter 3 / Article 2 / Section 725
37-725 Receipts from grazing district fees; district treasurer; duties
Status: in_force

37-725. Receipts from grazing district fees; district treasurer; duties

A. All monies received from grazing fees of a grazing district regularly established and including public lands within the county shall be placed to the credit of a special fund designated the range improvement fund of the grazing district which shall be given a number.

B. The county treasurer of the county in which such public lands are located shall be the ex officio district treasurer of any federal grazing district located wholly or in part within the county, and shall be liable upon his official bond for the proper care and distribution of the monies. He shall collect, receive, receipt and account for all monies from such source, and shall pay it upon the warrant of the grazing district signed by the chairman of the board of district advisors and countersigned by the vice-chairman thereof and the regional grazier in administrative charge of the district.
A.R.S. § 37-295 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 295
37-295 Disposition of long-term commercial lease prepayments; prepayment fund
Status: in_force

37-295. Disposition of long-term commercial lease prepayments; prepayment fund

A. If the department receives prepayments of rent paid from long-term commercial leases under any provision of this chapter, the monies received shall be transmitted to the state treasurer for investment in a prepayment fund for the appropriate beneficiary.  Any interest earned from the investments of monies in the prepayment fund shall be credited to the prepayment fund.  For each lease that is prepaid, the department shall give notice to the treasurer of the amount of rent annually due to the beneficiary according to a schedule maintained by the department.  The treasurer shall remit to the department an amount from the prepayment fund that is equal to the amount stated in the notice.  The department shall transfer the remittance to the credit of the fund of the appropriate beneficiary.

B. For leases entered into through December 31, 2000, the discount rate for prepayments made pursuant to subsection A shall be no greater than the current prevailing long-term interest rate established by the state treasurer on the date the lease is approved by the board of appeals.

C. For leases entered into from and after December 31, 2000, the discount rate for prepayments made pursuant to subsection A shall be no greater than the twenty-four month average yield for a fixed income security with a ten year maturity or average life which is eligible for purchase by the permanent fund managed by the state treasurer. The twenty-four month average calculation ends on the last day of the month before the month in which the board of appeals approves the lease.