A.R.S. § 37-102 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 102
37-102 State land department; powers and duties
Status: in_force

37-102. State land department; powers and duties

A. The state land department shall administer all laws relating to lands owned by, belonging to and under the control of this state.

B. The department shall have charge and control of all lands owned by this state, and timber, stone, gravel and other products of such lands, except lands under the specific use and control of state institutions and the products of such lands.

C. The department, in the name of this state, may commence, prosecute and defend all actions and proceedings to protect the interest of this state in lands within this state or the proceeds of lands within this state. Actions shall be commenced and prosecuted at the request of the department by the attorney general, a county attorney or a special counsel under the direction of the attorney general.

D. The department shall be the official representative of this state in any communication between this state and the United States government in all matters respecting state lands or any interest of this state in or to the public lands within this state.

E. The summons in any action against this state respecting any lands of this state or the products of such lands and all notices concerning such lands or products shall be served on the commissioner. Summonses, warrants or legal notices served on behalf of the department may be served by the commissioner or the commissioner's deputy, or by the sheriff or a constable of any county of this state.

F. The department shall maintain as a public record in each of the department's offices a public docket and index of all matters before the department that may be subject to appeal to the board of appeals or to the courts and all sale, exchange and lease transactions subject to bidding by the public.  The department shall list a matter on the public docket immediately after an application or other request for department action is received by the department. The department shall include in the public docket every formal action and decision affecting each matter in question. The department shall establish by rule a means by which any person may obtain a copy of the public docket at the current copying cost.

G. The department shall reappraise or update the department's original appraisal of property to be leased, exchanged or sold if the board of appeals' approval of the lease or sale occurred more than two hundred forty days before the auction.

H. To the extent possible, the state land department shall:

1. Prepare maps of the ancillary military facilities described in section 28-8461, paragraph 7, subdivisions (b) and (c).

2. Make a map of the ancillary military facility described in section 28-8461, paragraph 7, subdivision (a) available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department.

3. On receipt of proper information from the military installation commander with responsibility for the military electronics range, prepare a map of the military electronics range as defined in section 9-500.28 and make that map available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department.  Within ninety days after receipt of notice of any change in the boundaries of the military electronics range from the military installation commander, the state land department shall revise its map and provide the map to the public and to the state real estate department.

4. On or before December 31, 2024 and on receipt of proper information from the applicable military installation's and range's and Arizona national guard site's commanders, prepare electronic legal descriptions and maps of the military installation and range and Arizona national guard site and their respective influence areas as defined in sections 9-500.50 and 11-818.01 and provide the legal descriptions and maps to the state real estate department and the public.  The state land department shall make changes to the boundaries of the military installation and range and national guard site and their respective influence areas and provide them to the state real estate department and the public within ninety days after receipt of those changes from the military installation's and range's and Arizona national guard site's commanders.

I. The state land department shall provide each map and the legal description of the boundaries of each ancillary military facility described in section 28-8461, paragraph 7 in electronic format to the state real estate department. Each map prepared by the state land department pursuant to this section shall:

1. Describe the ancillary military facility, the territory in the vicinity of the ancillary military facility and the high noise and accident potential zone, accident potential zone one and accident potential zone two associated with the ancillary military facility.

2. Be submitted to the county in which the ancillary military facility is located.

3. Be made available to the public.

J. The state land department shall prepare a military training route map.  The map shall contain military training route numbers in this state that are used by various United States armed forces.  The map shall be dated.

K. When preparing the military training route map, the state land department shall use information contained in the most current department of defense publication that is entitled "area planning military training routes for North and South America".

L. The military training route map shall be made available to the public.

M. Within ninety days after the department is notified of a change of a military training route in this state, the department shall prepare a revised military training route map.  The map shall be dated and contain a statement that the map supersedes all previously dated maps.  The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military training route changes.  The state land department shall send the revised map and an accompanying letter specifying the military training route changes to the municipalities affected by the changes and to all counties.

N. The department shall submit the military training route map prepared pursuant to this section to the counties in either an electronic or a printed format.  The format shall be determined by the receiving county.

O. The state land department shall provide the legal description of the boundaries of the military training routes as delineated in the military training route map to the state real estate department in electronic format.

P. The state land department shall prepare a military restricted airspace map.  The map shall contain military restricted airspace in this state that is used by various United States armed forces.  The map shall be dated.

Q. When preparing the military restricted airspace map, the state land department shall use information contained in the most current department of transportation publication that is entitled "aeronautical chart".

R. The military restricted airspace map shall be made available in printed or electronic format to the public at the state land department and at the state real estate department.

S. Within ninety days after the department is notified of a change of military restricted airspace in this state, the department shall prepare a revised military restricted airspace map. The map shall be dated and contain a statement that the map supersedes all previously dated maps.  The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military restricted airspace changes. The state land department shall send the revised map and an accompanying letter specifying the military restricted airspace changes to the municipalities affected by the changes and to all counties.

T. The department shall submit the military restricted airspace map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county.

U. The state land department shall provide the legal description of the boundaries of the military restricted airspace as delineated in the military restricted airspace map to the state real estate department in electronic format.

V. The department may accept title to and manage real estate, property rights and related infrastructure acquired pursuant to section 26-262, subsection K for preserving or enhancing military installations in this state.
A.R.S. § 37-110 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 110
37-110 Due diligence fund; exemption; reversion
Status: in_force

37-110. Due diligence fund; exemption; reversion

A. The due diligence fund is established.  The commissioner may use monies in the fund to pay the department's costs of evaluating and processing applications and otherwise preparing lands for sales, leases, rights-of-way or other use permits.

B. The fund consists of legislative appropriations and reimbursements to the department by winning bidders for the department's costs of advance due diligence investigations and analyses pursuant to subsection A of this section. Monies in the fund are subject to legislative appropriation.

C. The commissioner shall administer the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations, except that all monies in the fund exceeding $5,000,000 at any time revert to the state general fund.
A.R.S. § 37-332 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 332
37-332 Urban lands; notice; hearing; requirements; classification; state general plan
Status: in_force

37-332. Urban lands; notice; hearing; requirements; classification; state general plan

A. On the commissioner's initiative, the commissioner may designate certain urban lands as being under consideration for classification as urban lands suitable for urban planning, or suitable for conservation purposes if the lands are to be planned in conjunction with lands to be developed, pursuant to this section.  The commissioner may designate urban lands as being under consideration for classification as urban lands suitable for urban planning or conservation purposes upon application by the governing body having jurisdiction for the area in which the urban lands are located.

B. Unless the commissioner has asked the local governing body for a general or comprehensive plan amendment that would include public notification and hearing, and after designating lands pursuant to subsection A of this section, the commissioner shall give notice of intent to classify the lands as suitable for urban planning or conservation purposes and of intent to prepare a state general plan to existing lessees, local planning authorities, owners of property that extends to within three hundred feet of the designated urban lands and the beneficiary or beneficiaries for whom the lands are held in trust. Within thirty days after giving notice, the commissioner shall publish the notice stating the date, time and place of the public hearing for six publications in a newspaper of general circulation in the county in which the designated urban lands are located.  The commissioner shall give notice to any person who requests notice of any classification and preparation of a state general plan made under this section.

C. In the notice required under subsection B of this section, or on the commissioner's request of the local governing body for a general or comprehensive plan amendment, the commissioner shall notify all existing lessees of state land within the boundaries of the area under consideration that such a designation may subsequently result in reclassification of state lands within the boundaries of the designated areas.

D. If applicable, within sixty days after the last date of publication of notice under subsection B of this section, the commissioner or the commissioner's designee shall conduct a public hearing in the city, town or county in which the lands are located to receive and record oral and written testimony concerning the classification as urban lands suitable for urban planning or conservation purposes and the state general plan.

E. The commissioner may classify urban lands as urban lands suitable for urban planning or conservation purposes and may approve a state general plan after determining that:

1. The department has met the notice and public hearing requirements of subsections B, C and D of this section or that the commissioner has requested a general or comprehensive plan amendment by the local governing body that would include public notice and hearing.

2. The state lands being considered as urban lands suitable for urban planning are adjoining existing commercially or homesite developed lands 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.

3. The state lands under consideration are located in areas where planning for urban growth and development is appropriate, is beneficial to the trust and does not promote urban sprawl or leapfrog development.

4. The proximity of the urban lands to other developed areas and local jurisdictions is considered.

5. The urban lands' compatibility with adjoining development and land uses is considered.

6. The department has cooperated with the department of water resources to determine that the urban lands have the quality and quantity of water needed for urban development.

7. The department has fully cooperated with the local planning authorities with jurisdiction over the area or areas in which the state urban lands being considered are located.

8. All of the affected local planning authorities' development policies have been taken into consideration by the department.

9. The classification is consistent with the local planning authorities' development policies.

10. The proximity to and impact on public facilities, including streets and highways, water supply systems, wastewater collection and treatment systems and other public facilities and services necessary to support development, are considered.

11. It is in the best long-term interest of the trust to plan for development.

12. The types of land uses for state lands, including residential, commercial, industrial, agricultural, open space and recreational uses are considered.

13. The natural and artificial features of the state lands, including floodplains, geologic instabilities, natural areas, wildlife habitat, airport influence zones, other potentially hazardous conditions and historic and archaeological sites and structures are considered.

14. The timing of development is considered.

15. The impact to all existing leases in the area under consideration and in the general area is considered.

16. The department has resources available to plan the urban lands under consideration.

17. Any other considerations deemed relevant by the commissioner and local planning authorities.

F. Before approving the classification and proposed state general plan the commissioner shall determine whether the classification and state general plan are in the best interest of the trust. The commissioner shall state in writing the reasons for any determination that the classification or state general plan prepared according to this section would be detrimental to the interests of the trust.

G. After the commissioner approves the state general plan, no amendment or revision may be made without the commissioner's approval.  The commissioner may approve a proposed amendment or revision only after notifying and meeting with the local planning authority regarding the nature of the proposed amendment or revision.  If the local planning authority does not hold a public hearing on the proposed amendment or revision, the commissioner shall hold a public hearing on the proposed amendment or revision if the proposed amendment or revision does not substantially conform to the state general plan.  If such a hearing is held, the proposed amendment or revision may be adopted after the hearing and after the commissioner and the local planning authority consider the information presented at the hearing. The commissioner shall provide notice of the public hearing as provided by subsections B, C and D of this section. If neither the commissioner nor the local planning authority determines that a public hearing is necessary, the commissioner may adopt the proposed amendment or revision.

H. If the land included in a state general 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. § 37-323 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 323
37-323 Permission required for construction on floodplains; criteria
Status: in_force

37-323. Permission required for construction on floodplains; criteria

A. A lessee, permittee or other person having a legal interest in state lands located in a floodplain as defined in section 48-3601 other than a holder of a certificate of purchase shall not construct or make improvements or any other development upon the lands without obtaining the written permission of the department.

B. The department may grant permission for any proposed construction, improvement or development under this section after consideration of the following:

1. The value of the construction, improvement or development to this state if this state were required to purchase it.

2. The effect the construction, improvement or development would have on other landowners or land occupiers.

3. Whether the proposed construction, improvement or development is in compliance with local floodplain regulations promulgated under title 48, chapter 21, article 1.

4. Whether the proposed construction, improvement or development is consistent with local floodplain management goals.

5. The requirements for lands held in trust by this state.

6. Possible construction, improvements or development as an alternative to that proposed.

7. Any other reasonable and relevant criteria determined by the department.
A.R.S. § 37-205 — Arizona Code / Title 37 / Chapter 2 / Article 1 / Section 205
37-205 Due diligence costs related to disposition of land
Status: in_force

37-205. Due diligence costs related to disposition of land

A. In addition to other fees required by this title, and instead of the department performing advance due diligence pursuant to section 37-110, subsection A, the commissioner may require or allow an applicant to advance or incur the costs of the department's evaluating and processing an application and otherwise preparing land for a sale, lease, right-of-way or other use permit. Monies that are advanced by the applicant to the department pursuant to this subsection shall be deposited in a separate account of the state land department fund.

B. If the successful bidder at an auction is not the applicant, the successful bidder shall reimburse the applicant for fees and costs paid pursuant to this section in amounts and on terms the commissioner directs in the auction notice.  After receiving the reimbursement amounts, the commissioner shall remit them to the applicant.

C. If an auction does not occur or a transaction is otherwise not completed as a result of a mistake or circumstances caused by the department, including issues arising out of concerns over title, misidentification of the parcel and factors affecting the commissioner's view of the timeliness or desirability of disposing of the parcel, then the commissioner, on the timely written request of an applicant, may reimburse or cause to be reimbursed to the applicant, on terms that the commissioner considers reasonable and appropriate, from monies of the department all or part of the costs paid pursuant to this section and application fees paid pursuant to section 37-107.  Reimbursement for costs paid pursuant to this section may only be for costs that the commissioner determines to represent an enhancement of knowledge about the parcel or that tangibly or intangibly enhance the value of the parcel.  The commissioner may refuse any reimbursement request for any reason.
A.R.S. § 37-902 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 902
37-902 Public lands; public policy; state land department
Status: in_force

37-902. Public lands; public policy; state land department

A. The department shall hold the public lands of this state in trust for the benefit of the people of this state and shall manage them in an orderly and beneficial manner consistent with the public policy declared in subsection B.

B. The department shall administer the public lands of this state in such a manner as to conserve and preserve natural resources, wildlife habitat, wilderness areas and historical sites and artifacts and to permit the development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people of this state.

C. Subject to existing rights, all public land in this state and all minerals not previously appropriated to private ownership are the property of this state and subject to its jurisdiction and control.

D. Any public lands within this state administered by the United States under treaties or interstate compacts shall continue to be administered by this state in conformance with the treaties or compacts.

E. Until equivalent measures are enacted by this state, the rights and privileges of the people of this state under the national forest reserve transfer act, 16 U.S.C. sec. 471 et seq., the general mining laws, 30 U.S.C. sec. 21 et seq., the Taylor grazing act, 43 U.S.C. sec. 315 et seq., the desert land act, 43 U.S.C. sec. 321 et seq., the Carey act, 43 U.S.C. sec. 641 et seq., the public rangelands improvement act, 43 U.S.C. sec. 1901 et seq. and all rights-of-way and easements for public utilities are preserved under the administration of this state.
A.R.S. § 37-609 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 609
37-609 Exchange of sovereign lands
Status: in_force

37-609. Exchange of sovereign lands

A. For proper management of state land, the department may exchange the surface or subsurface rights and interests in sovereign lands of this state that are managed by the department for surface or subsurface rights and interests in federal lands, state lands of another state or lands owned by other agencies or subdivisions of this state.

B. The department may not exchange sovereign land of this state for other lands under this section unless:

1. The commissioner determines that the exchange is in the best interest of the state.

2. The commissioner determines by at least one independent appraisal that either of the following conditions apply to the exchange:

(a) The fair market value of the sovereign land of this state that is included in the proposed exchange is substantially equal to the fair market value of the other land that is included in the proposed exchange.

(b) The fair market value of the sovereign land of this state that is included in the proposed exchange is greater than the fair market value of the other land that is included in the proposed exchange and this state will be compensated for the difference in value with a cash payment to the department from the other party in the exchange.

C. At least sixty days before any exchange under this section, the department shall:

1. Publish a notice of the proposed exchange in a newspaper of general circulation in the county in which the majority of state land that is included in the exchange is located.  A notice under this paragraph shall include:

(a) The identity of the parties to the exchange.

(b) A description of all property included in the exchange.

(c) The terms and conditions of the exchange.

(d) The address to which written comments on the exchange may be mailed for the commissioner's consideration.  The comments must be mailed within thirty days after the date of the notice.

2. Give written notice of the proposed exchange to:

(a) The county or counties in which the state land included in the exchange is located.

(b) Any municipality in which the state land included in the exchange is located.

(c) Any person with an interest of record in the state land that is included in the exchange.

D. Notice given by the department pursuant to subsection C, paragraph 2 shall be by certified mail and include the information listed in subsection C, paragraph 1.

E. If the sovereign lands of this state that are included in the proposed exchange are located in another state, the notification requirements under subsection C shall be applied to the Arizona county that is nearest the lands.

F. In determining whether a proposed exchange is in the best interest of this state, the commissioner shall consider written comments received by the department pursuant to subsection C.

G. Land conveyed to this state pursuant to this section shall become sovereign land of this state on acceptance of title and recording.

H. Monies paid to the department pursuant to subsection B, paragraph 2, subdivision (b) shall be promptly transferred to the state treasurer for deposit in the appropriate fund.
A.R.S. § 37-1405 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1405
37-1405 Civil penalties; seizure
Status: in_force

37-1405. Civil penalties; seizure

(Conditionally Rpld.)

A. A manufacturer, wholesaler, agent or other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 37-1402 is subject to a civil penalty of not to exceed one hundred dollars for each pack of cigarettes sold or offered for sale. This penalty shall not exceed twenty-five thousand dollars during any thirty-day period.

B. A retailer who knowingly sells or offers to sell cigarettes in violation of section 37-1402 is subject to a civil penalty of not to exceed one hundred dollars for each pack of cigarettes sold or offered for sale. This penalty shall not exceed one thousand dollars during any thirty-day period.

C. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association that is engaged in the manufacture of cigarettes and that knowingly makes a false certification pursuant to section 37-1403 is subject to a civil penalty of at least twenty-five thousand dollars but not more than one hundred thousand dollars for each false certification.

D. A person who violates any other provision of this article is subject to a civil penalty for a first offense of not to exceed one thousand dollars and a civil penalty of not to exceed five thousand dollars for each subsequent violation.

E. Any cigarettes that have been sold or offered for sale and that do not comply with the performance standard prescribed by section 37-1402 are subject to forfeiture and, on forfeiture, shall be destroyed.  Before the destruction of any forfeited cigarette, the true holder of the trademark rights in the cigarette brand may inspect the cigarette.

F. In addition to any other remedy provided by law, the state forester or the attorney general may file an action in the superior court for injunctive relief or to recover any costs or damages suffered by this state because of a violation of this section, including enforcement costs relating to the specific violation and attorney fees.  Each violation of this section or rules adopted pursuant to this section is a separate civil violation for which the state forester or attorney general may obtain relief.

G. If a law enforcement officer or duly authorized representative of the office of the state fire marshal discovers cigarettes that have not been marked as required by section 37-1404, the officer or representative shall notify the department of revenue and may seize and take possession of the cigarettes.  The cigarettes shall be turned over to the department of revenue and shall be forfeited to the state. Cigarettes seized pursuant to this section shall be destroyed. Before the destruction of any seized cigarette, the true holder of the trademark rights in the cigarette brand may inspect the cigarette.
A.R.S. § 37-103 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 103
37-103 Seal of state land department
Status: in_force

37-103. Seal of state land department

The state land department shall have a seal, and it shall be affixed with the signature of the state land commissioner to all instruments of conveyance, leases, certificates and other official acts. The signature of the commissioner and seal of the department upon the original or copy of any paper, plat, map or document from the state land department shall impart verity thereto.
A.R.S. § 37-482 — Arizona Code / Title 37 / Chapter 2 / Article 11 / Section 482
37-482 Contracts for sale of timber; limitations; universities timber land account; composition; use
Status: in_force

37-482. Contracts for sale of timber; limitations; universities timber land account; composition; use

A. No contract for the sale of timber shall exceed a term of five years nor shall more than fifty million feet of timber be sold to any one person at one sale, nor shall any sale be made or contract entered into with any person while such person has under sale or contract more than five million feet of timber sold under the provisions of this title.

B. There is established a universities timber land account within the universities land fund established pursuant to section 15-1662. The account shall be administered by the state land commissioner. The proceeds that accrue through the sale of timber or timber products from lands granted or given for university purposes shall be deposited into the universities timber land account and are continuously appropriated to the state land department for the payment of expenditures incurred for the conservation, sale and other administration of timber or timber products. The state land department shall transfer to the universities land fund any monies in the account that the state land commissioner determines are not necessary for the conservation, sale and other administration of timber or timber products. The state land department shall report the projected account activity and distributions in their normal budget submitted pursuant to section 35-113. On notice from the state land department, the state treasurer shall invest and divest monies in the universities timber land account as provided by section 35-313, and monies earned from investments shall be credited to the universities timber land account.
A.R.S. § 37-257 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 257
37-257 Application for sale
Status: in_force

37-257. Application for sale

A. Any person who shall satisfy the state land commissioner that the person, with predecessors in interest, has held title to a tract of land, which is subject to sections 37-256 through 37-259, under claim or color of title for more than ten years and for such ten-year period have paid all real property taxes levied on the land, may file an application with the state land commissioner requesting the commissioner to offer for sale the state's interest, if any it has, to the rights the state of Arizona may own to any dry riverbed on any part of the land described in the application.

B. Upon receipt of the application, if the state land commissioner determines that the interests of the state will not be prejudiced by the sale of the land, the commissioner shall:

1. Determine the amount of state land which may be contained in any dry riverbed on the tract of land described in the application.

2. Cause an appraisal to be made based upon the amount of acreage so determined to be possible state land. The appraisal shall specify the value of the state's interest in the land at the date of appraisal exclusive of any increased value resulting from the development of or improvement of or on the land made by the applicant or the applicant's predecessors in interest and the appraisal shall specify the amount of increased value of the land resulting from such development or improvement. In determining the value of the state's interest in the land, the appraiser shall consider the likelihood of and costs to the state of the state's establishing title to the land.
A.R.S. § 37-335.03 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 335.03
37-335.03 Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement
Status: in_force

37-335.03. Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement

A. Officially certified descriptions of all urban lands included within the boundaries of a city special assessment or county improvement district subject to an approved improvement plan, with the amounts of assessments and charges of every character made against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of such lands, shall be furnished to the state land department as soon as the assessments or charges are levied. A promise by the lessee or purchaser to make timely payment of all assessment charges and an acknowledgment of the assessment shall be inserted in any certificate of purchase or lease for such lands.  If assessments have been levied against urban lands prior to purchase or lease pursuant to an improvement plan, the commissioner shall require that all unpaid installments on assessments be paid to the city or town or county improvement district before executing a lease or any instrument of sale.  Thereafter the proceedings leading to the recording of an assessment by the city or town or county improvement district may treat the lessee's or purchaser's interest in state land as land subject to an assessment notwithstanding section 48-582 or 48-920.

B. If any installment of any assessment or charge against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of urban land subject to an improvement plan is not paid when due, the superintendent of streets of the city or town or county improvement district where the urban land is located may, after not less than thirty days' notice to the named purchaser or lessee, notify the state land department of the nonpayment. Such nonpayment is a default under any certificate of purchase or long-term lease under which such lands are held. The interest of any purchaser or lessee of any urban lands within a municipal assessment district is subject to the enforcement and sale, redemption and forfeiture provisions of title 48, chapter 4, article 2 or title 48, chapter 6, article 1.  Nonpayment of charges due pursuant to an improvement plan subjects the certificate or lease to default proceedings as provided by this chapter.  If the delinquent amounts against such land are not paid within thirty days from the date the notice is received by the commissioner, the commissioner shall act to cancel the certificate of purchase or lease.

C. All charges and assessments legally imposed against the leasehold interest of the lessee or the interest in the certificate of purchase of the purchaser of urban lands subject to an improvement plan approved by the commissioner which are not held under a certificate of purchase or lease by the assessment district or pursuant to an improvement plan shall be a continuing charge, and such land shall not be leased or sold until the purchaser or lessee of the land presents to the state land department a certificate from the superintendent of streets of the city or town or county improvement district in which the land is located showing that all assessments due have been paid as provided in subsection A of this section.
A.R.S. § 37-909 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 909
37-909 State payments to counties
Status: in_force

37-909. State payments to counties

A. A county receiving payments from the federal government or any federal agency under 31 United States code section 1601 et seq., whose payments are reduced due to action taken by this state under this article shall be reimbursed by the state treasurer from the state general fund in the total amount of the reduced revenues.

B. Prior to receiving any amount from the state treasurer, the board of supervisors of an affected county shall submit to the state treasurer, on a form provided by the state treasurer, the following information:

1. The acreage and location of the land involved.

2. The total amount of revenue received from the federal government under 31 United States code section 1601 et seq., for the prior fiscal year.

3. The total amount of revenue received from the federal government under 31 United States code section 1601 et seq., for the current fiscal year.

4. The total amount of revenue lost by the county during the current fiscal year due to action taken under this article.

C. The state treasurer, after verifying the information submitted, shall draw a warrant on the state general fund and send the warrant to the county which submitted the information under subsection B.

D. A county shall not receive an amount from the state treasurer that, when combined with the amount received from the federal government, exceeds the total amount the county would have been eligible for under 31 United States code section 1601 et seq., during the same period of time.
A.R.S. § 37-324 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 324
37-324 Development or secondary plan; effect
Status: in_force

37-324. Development or secondary plan; effect

Notwithstanding any other statute, a development or secondary plan prepared in the consideration of potential future uses for any state lands shall not be considered an improvement of any kind.
A.R.S. § 37-204 — Arizona Code / Title 37 / Chapter 2 / Article 1 / Section 204
37-204 Advances for survey; repayment
Status: in_force

37-204. Advances for survey; repayment

For the purpose of having public lands of the United States surveyed to satisfy any public land grants made to the state in the manner prescribed by the act of Congress approved August 18, 1894, and as that act was made applicable to this state by the enabling act, the governor may deposit to the credit of the treasurer of the United States at a United States depository designated by the commissioner of the general land office, monies necessary for the survey of any township for which application for survey has been made, and the director of the department of administration shall draw the necessary warrants for that purpose. Such warrants shall be paid from the general fund, and when the monies so advanced are returned to the state they shall be returned to the general fund.
A.R.S. § 37-322 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 322
37-322 Basis for appraisal of improvements; reimbursements; amortization; reimbursement for irrigation or district assessments and levies; limitation
Status: in_force

37-322. Basis for appraisal of improvements; reimbursements; amortization; reimbursement for irrigation or district assessments and levies; limitation

A. Improvements placed on state lands prior to June 25, 1952 shall be appraised in accordance with the law in effect at the time the improvements were made. Improvements placed upon state lands after June 25, 1952, including water rights, when the owner thereof is entitled under law to reimbursement for the improvements, shall be appraised as follows:

1. Improvements, except eradication of noxious growth on grazing lands, and irrigation or other district assessments, shall be appraised at the time the appraisal is made on the following basis:

(a) The condition of the improvements.

(b) The current value.

(c) Their suitability for uses ordinarily made on the lands on which they are located at the time the improvements were made.

2. Reimbursement for the cost of eradication of noxious growth on grazing lands, shall be amortized at the rate of ten per cent per annum.

3. Reimbursement for irrigation or other district assessments and levies which have been legally assessed and levied against state lands, and the interest of the holders of such lands, whether under lease or permit, shall be limited to that portion of the assessments and levies which have been properly and legally assessed and levied to defray such district or project construction charges.

B. Pumps especially designed for the well in which placed shall be reimbursable improvements and shall be appraised as other reimbursable improvements.

C. The cost of improvements for clearing and leveling land for agricultural purposes shall remain as a credit for the lessee in case of sale of the land. Any reimbursement for the cost of clearing and leveling land used for agricultural purposes remaining unamortized on the effective date of this section shall not be amortized, but such unamortized balance shall remain as a credit for the lessee in case of sale of the land.
A.R.S. § 37-291 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 291
37-291 Preferred rights to renewal of lease; exceptions; notification
Status: in_force

37-291. Preferred rights to renewal of lease; exceptions; notification

A. On application to the state land department not less than thirty days nor more than one year before the expiration of a lease of state lands, the lessee, if a bona fide resident of this state or legally authorized to transact business in this state, shall have a preferred right to renewal, bearing even date with the expiration of the old lease, for a term not longer than ten years, as determined by the department, at a reappraised rental.

B. The preferred right of renewal shall not extend to a lessee that has not substantially complied with the terms of the lease or that has not placed the land to the use prescribed in the lease during its term or within the time prescribed, unless for good cause the failure to perform was given written authorization by the department. If the department determines the continued leasing of the land is not in the best interest of the state trust, the lease shall not be renewed.

C. Not later than ninety days before the expiration of a lease, the department shall:

1. Notify the lessee by mail of the pending expiration and enclose an application for the lessee to renew the lease.

2. Send a copy of the notice to any parties that have registered with the department as mortgagees or other lienholders of the lessee's interest by certified mail, return receipt requested.

D. The department shall accept renewal applications by mail and may accept renewal applications electronically. The method by which the renewal application is submitted may not be a factor in the department's determination of whether to renew the lease.

E. If the existing lease is not renewed and the existing lessee is in substantial compliance with the terms of the lease and there is not a new lessee or buyer for the land within ninety days after the lease termination, the commissioner must sign an agreement to reimburse the former lessee for the improvements on the lands as provided by section 37-322.01.
A.R.S. § 37-1384 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1384
37-1384 Inspection; consent; search warrant
Status: in_force

37-1384. Inspection; consent; search warrant

A. The assistant director of the office of the state fire marshal, a deputy fire marshal or an assistant fire inspector may investigate fire damage and shall carry out periodic inspection programs of buildings and premises to examine or inspect for fire hazards.

B. In carrying out such inspections or investigations, the assistant director of the office of the state fire marshal, a deputy fire marshal or an assistant fire inspector shall identify himself to the owner or tenant of the building or premises and seek the consent of the owner or tenant to carry out such an inspection. If consent is refused, or if it is not possible to reasonably obtain consent, the assistant director of the office of the state fire marshal, deputy fire marshal or an assistant fire inspector shall obtain a search warrant for the building or property in compliance with title 13, chapter 38, article 8.

C. If the assistant director of the office of the state fire marshal is assisting a local fire department in an investigation of fire damage, the authority of the local fire department to investigate the fire damage shall be deemed to include the assistant director of the office of the state fire marshal, deputy fire marshal or an assistant fire inspector.
A.R.S. § 37-1390 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1390
37-1390 Safety standards in fire training
Status: in_force

37-1390. Safety standards in fire training

All training provided by the state forester shall comply with the safety standards prescribed by the national fire protection association and the occupational safety and health administration regulations of this state.
A.R.S. § 37-1155 — Arizona Code / Title 37 / Chapter 7 / Article 3 / Section 1155
37-1155 Prior use of public trust lands
Status: in_force

37-1155. Prior use of public trust lands

This state shall not claim compensation for any good faith use of public trust lands made before September 10, 1991 by the record owner or the record owner's lessee if all of the following conditions apply:

1. The landowner had record title to the land at the time of the use.

2. At the time of use, the record landowner did not have actual knowledge, nor did any recorded instrument disclose, that the state had a sovereign claim to the land.

3. The record landowner used the land in a reasonable manner.
A.R.S. § 37-1401 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1401
37-1401 Definitions
Status: in_force

37-1401. Definitions

(Conditionally Rpld.)

In this article, unless the context otherwise requires:

1. "Agent" means a person who is authorized by the department of revenue to purchase and affix stamps on packages of cigarettes.

2. "Cigarette" means any roll of tobacco or any substitute for tobacco wrapped in paper or any substance not containing tobacco.

3. "Manufacturer" means:

(a) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere and that the manufacturer intends to be sold in this state, including cigarettes that are intended to be sold in the United States through an importer.

(b) The first purchaser anywhere that intends to resell in the United States cigarettes that are manufactured anywhere and that the original manufacturer or maker does not intend to be sold in the United States.

(c) A successor entity to an entity described in subdivision (a) or (b) of this paragraph.

4. "Quality control and quality assurance program" means the laboratory procedures implemented to ensure:

(a) That operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing.

(b) That the testing repeatability remains within the required repeatability values prescribed in section  37-1402, subsection B, paragraph 6 for all test trials that are used to certify cigarettes pursuant to this article.

5. "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.

6. "Retailer" means any person, other than a manufacturer or wholesaler, who is engaged in selling cigarettes or tobacco products.

7. "Sale" means a transfer of title or possession, or both, or an exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement to transfer, exchange or barter.  Sale includes the giving of cigarettes as samples, prizes or gifts and the exchanging of cigarettes for any consideration other than money.

8. "Sell" means to sell or to offer or agree to sell.

9. "Wholesaler" means a person, other than a manufacturer, who sells cigarettes or tobacco products to retailers or other persons for resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or on premises owned or occupied by any other person.
A.R.S. § 37-294 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 294
37-294 Recovery of lands unlawfully held
Status: in_force

37-294. Recovery of lands unlawfully held

A. Nothing in this article shall confer any rights upon occupants or lessees of lands who have not executed and received a lease under the provisions of this article.

B. The state land department shall examine into the rights of all persons in possession of state lands, or improvements thereon, or claiming compensation for improvements on the lands. If it is determined that any person is unlawfully in possession of such lands, or is unlawfully claiming compensation for improvements, the department shall bring an action to recover possession of the lands and improvements, or otherwise establish the rights of the state.
A.R.S. § 37-611 — Arizona Code / Title 37 / Chapter 2 / Article 15 / Section 611
37-611 Acquisition of lands by United States for penal purposes
Status: in_force

37-611. Acquisition of lands by United States for penal purposes

The consent of the state may be given pursuant to section 37-620.02 in accordance with the seventeenth clause, eighth section, of the first article of the Constitution of the United States to the acquisition by the United States by purchase, lease, condemnation or otherwise of any land in the state required for erection of a penitentiary, prison, honor farm, detention center or any correctional institution of any kind and other needful buildings or for any other penal or correctional institutions of the government of the United States.
A.R.S. § 37-615 — Arizona Code / Title 37 / Chapter 2 / Article 16 / Section 615
37-615 Exchange of road rights-of-way on state land; procedure; limitation and exceptions
Status: in_force

37-615. Exchange of road rights-of-way on state land; procedure; limitation and exceptions

A. The state land department and selection board, for reasons of proper management, control, protection, or public use of state lands, may exchange road rights-of-way over state lands managed by the state land department for road rights-of-way over any other land within the state.  The exchange may be made for road rights-of-way over land owned or held by the United States or an agency thereof, other state agencies, counties or municipalities and privately owned lands.

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

1. The application shall include:

(a) The name, age and residence of the applicant.

(b) A description of all road rights-of-way sought to be exchanged.

(c) A list of permanent improvements on the road rights-of-way to be exchanged.

(d) Any leasehold interest in the land affected by the proposed exchange.

(e) Accompanying agreements, if any, with the leaseholder or owner of improvements on the land affected by the proposed exchange.

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

3. An application initiated by a private owner shall be accompanied by a deposit equal to the estimated cost of appraising the value of the road rights-of-way on any privately owned property to be exchanged.

4. Such additional requirements may be imposed as the state land department from time to time determines to be necessary.

C. The exchange of road rights-of-way over state lands shall be subject to the following requirements:

1. All road rights-of-way exchanged shall be of substantially equal value.

2. All road rights-of-way over state lands offered for trade pursuant to this section must be located in the same county as the road rights-of-way over lands offered to the state.

3. Prior to any exchange of road rights-of-way over state lands for road rights-of-way over privately owned lands, the state land department and selection board shall give thirty days' notice in writing to other interested state agencies, counties, municipalities, and leaseholders on such lands that are or may be affected by the trade.

4. Before any road rights-of-way over state land may be considered for exchange under the provisions of this article, the land shall be classified as suitable for such purposes in accordance with the provisions of section 37-212.

5. Any person adversely affected by such decision may appeal from the decision as provided in section 37-215.

D. Any person may, within ten days of the date of notice as provided herein, file a written protest of the exchange at the state land department offices at the state capitol upon forms provided by the state land department. Upon receipt of such a protest to a contemplated exchange pursuant to this section, the state land commissioner shall, not later than thirty days after receipt of the protest, hold a public hearing at the county seat of the county in which the state lands proposed to be exchanged are located to hear any and all matters properly subject to the proposed exchange. Notice of the public hearing shall be mailed to all protestants and published one time prior to the date of the hearing in a newspaper of general circulation in the county.
A.R.S. § 37-1421 — Arizona Code / Title 37 / Chapter 9 / Article 6 / Section 1421
37-1421 Definition of trampoline court
Status: in_force

37-1421. Definition of trampoline court

In this article, unless the context otherwise requires, "trampoline court":

1. Means a commercial facility with a defined area composed of one or more trampolines, a series of trampolines, a trampoline court foam pit or a series of trampoline court foam pits.

2. Does not include:

(a) Any playground operated by a school or local government.

(b) Inflatable rides, inflatable bounce houses, ball crawls and equipment used exclusively for exercise.

(c) A physical rehabilitation facility.

(d) A gymnastic training facility that derives a majority of its revenue from supervised instruction in the teaching of gymnastic skills and basics.
A.R.S. § 37-178 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 178
37-178 Geospatial data sharing
Status: in_force

37-178. Geospatial data sharing

A. A public agency that shares geospatial data with another public agency may:

1. Share geospatial data without entering into a written agreement with the other public agency.

2. Share geospatial data of which it is the custodian.

3. Retain custodial ownership of any geospatial data provided to other public agencies.

4. Prohibit shared data from being redistributed by recipient public agencies if notification of the prohibition is given.

B. A public agency that shares geospatial data may exempt the data from commercial use fees prescribed in section 39-121.03, subsection A, paragraph 3.

C. A public agency that shares geospatial data of which it is the custodian is not liable for errors, inaccuracies or omissions and shall be held harmless from and against all damage, loss or liability arising from any use of geospatial data that is shared.

D. A public agency that shares geospatial data or receives shared geospatial data may withhold the shared data from public disclosure if the data consist of critical infrastructure information as defined in section 41-1801.
A.R.S. § 37-601 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 601
37-601 Authorization to exchange
Status: in_force

37-601. Authorization to exchange

The governing body of any county, city, town or school district may exchange with each other any land owned by them but such exchange shall not be made of lands situated in different counties. The determination of the governing body having control of the land that such land should be exchanged shall be final.
A.R.S. § 37-1202 — Arizona Code / Title 37 / Chapter 8 / Article 1 / Section 1202
37-1202 Definitions
Status: in_force

37-1202. Definitions

In this chapter, unless the context otherwise requires:

1. "High noise or accident potential zone" has the same meaning prescribed in section 28-8461.

2. "Landowner" means any private person, firm or corporation holding title to any land that is wholly or partially in territory in the vicinity of a military airport.

3. "Manager" means the manager of the section.

4. "Military airport" has the same meaning prescribed in section 28-8461.

5. "Section" means the military airport land exchange section of the state land department.

6. "Subject property" means private land that is to be offered in a proposed exchange pursuant to this chapter.

7. "Territory in the vicinity of a military airport" has the same meaning prescribed in section 28-8461.
A.R.S. § 37-254 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 254
37-254 Cancellation of tax assessment on lands reverting to state
Status: in_force

37-254. Cancellation of tax assessment on lands reverting to state

If any lands sold revert to the state for any cause, the state land department shall at once notify the assessor and tax collector of the county in which the land is located, and upon receipt of the notice, the assessor shall cancel any assessment of the land, and the tax collector, the board of supervisors or other county official shall charge off all taxes levied against the land.
A.R.S. § 37-251 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 251
37-251 Issuance of patents for state lands
Status: in_force

37-251. Issuance of patents for state lands

A. On filing the certificate of purchase, together with evidence of full payment of principal and interest, for the entire tract of land sold, and evidence that all terms and conditions of the certificate of purchase have been satisfied, the department shall issue to the purchaser a patent under the seal of this state, signed by the governor and countersigned by the secretary of state.

B. On application by the purchaser, a patent for less than the entire tract may be issued to the purchaser if the commissioner finds that it is in the best interest of the applicable trust, subject to the following:

1. The parcel to be patented may consist of one or more pieces of land, described either by metes and bounds or by legal subdivision.

2. Before any parcel less than the entire tract is patented, the department shall determine that the remaining lands are of greater value than the unpaid balance of the certificate of purchase and that the remaining lands have development potential independent of the acreage that is being patented.  Before patenting, the commissioner shall require to be paid an amount, on the lands to be patented, in excess of the purchase price per acre of the entire tract until the total price of the entire tract has been paid. In establishing the amount to be paid for the partial patent, the commissioner shall take into account the amount of the down payment made on the entire tract.  This paragraph does not affect certificates of purchase issued before September 30, 1988.

3. When paid, the partial purchase price shall be credited on the total purchase price stated in the certificate of purchase. The department may issue a supplement to the certificate of purchase deleting the land patented and reducing the amount of each of the remaining annual installments to that amount which, when all installments are paid in full, will discharge the entire unpaid balance due on the original certificate of purchase.

C. Any land patented under this section is subject to existing valid rights-of-way.

D. If the purchaser has died and the land described has been sold and confirmed by order of court, the patent shall be issued to the purchaser to whom confirmation of sale was made.  If the estate of the deceased person is distributed by order of the court, the patent shall be issued to the heirs of the deceased person, or to the person to whom the lands are distributed.  Patents issued to a deceased person shall inure to the benefit of the heirs or assigns of the deceased person.

E. If an assignment of the certificate of purchase has been filed with and approved by the department, the patent shall be issued to the assignee, and if proper evidence of a transfer of the certificate by operation of law is filed with the department, the patent shall be issued to the transferee.

F. A record of all patents issued shall be kept in the records of the department.
A.R.S. § 37-608 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 608
37-608 Supplemental authority
Status: in_force

37-608. 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. § 37-702 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 702
37-702 Application for selection of arid lands for irrigation projects or reclamation projects; proposal; deposit
Status: in_force

37-702. Application for selection of arid lands for irrigation projects or reclamation projects; proposal; deposit

A. Any person desiring to construct irrigation works or to reclaim lands under the provisions of this article shall file with the state land department an application for selection of the lands to be reclaimed. The application shall be accompanied by a proposal for complete reclamation of the lands so designated.

B. The proposal shall state:

1. The source and right of the water supply acquired or to be acquired.

2. The location and layout of the works constructed, in process of construction or proposed.

3. The maximum price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed.

4. The maximum price per acre per annum for maintenance charges.

C. If the applicant is a corporation, the proposal shall state:

1. The purposes for which the corporation is organized.

2. The names and residences of its directors and officers.

3. The amount of its authorized and paid-up capital.

D. If applicant is not a corporation, the proposal shall set forth the names of the parties and such facts as will enable the commissioner to determine their financial ability to carry out the proposed enterprise.

E. A certified check in a reasonable sum required by the department, but not less than two hundred fifty dollars, shall accompany each proposal to be held as guaranty for the execution of the contract with the state in accordance with its terms, if the proposal is approved by the department.
A.R.S. § 37-1224 — Arizona Code / Title 37 / Chapter 8 / Article 2 / Section 1224
37-1224 Military airport land exchange fund
Status: in_force

37-1224. Military airport land exchange fund

A. A military airport land exchange fund is established consisting of monies appropriated by the legislature, fees deposited pursuant to section 37-1223, subsection A, paragraph 1 and monies deposited pursuant to section 37-1223, subsection B.  The commissioner shall administer the fund.

B. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the section.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 37-312.01 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 312.01
37-312.01 Access to and use and enjoyment of private lands
Status: in_force

37-312.01. Access to and use and enjoyment of private lands

Notwithstanding any other provision of this article, the reclassification of trust lands as suitable for conservation purposes shall not restrict or unreasonably limit access to or use or enjoyment of private lands. Any lease or sale of land pursuant to this article shall include a condition requiring that permanent access to and use and enjoyment of private lands be allowed.
A.R.S. § 37-1310 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1310
37-1310 Emergency medical services on federal lands; payment; requirements; definition
Status: in_force

37-1310. Emergency medical services on federal lands; payment; requirements; definition

A. Subject to legislative appropriation, the state forester shall process and pay to a fire district with a population of less than five thousand inhabitants claims for expenses incurred in responding to emergency medical services calls on federal lands as follows:

1. The fire district shall submit an itemized claim for payment within ninety days after the emergency medical services response.

2. Within thirty days after receiving a complete and correct claim for payment, the state forester shall complete the processing of the claim and pay the fire district.

B. For the purposes of this section, "expenses":

1. Includes personnel costs for personnel that directly respond to an emergency medical services call, fuel costs, costs for medical supplies and other costs the state forester determines are related to the response.

2. Does not include emergency medical services regulated pursuant to title 36, chapter 21.1.
A.R.S. § 37-707 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 707
37-707 Procedure upon completion of project by settler; application for federal patent; grant of state patent to settler
Status: in_force

37-707. Procedure upon completion of project by settler; application for federal patent; grant of state patent to settler

Upon completion of the project or any section thereof, the contractor shall notify the state land department that he is prepared to supply water to the land designated in his application, or any particular tract thereof, whereupon the department shall request the department of the interior that a patent to such land be issued to the state, and notice shall be given to each settler of that fact. Within three years thereafter, each settler shall appear before the state land department and make final proof of reclamation, settlement and occupation, and make final payment for the land entered upon by him. Upon final payment the state, through the state land department, shall issue to the settler a patent for the land entered upon.
A.R.S. § 37-322.02 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 322.02
37-322.02 Payment by purchaser or succeeding lessee for improvements on auctioned land
Status: in_force

37-322.02. Payment by purchaser or succeeding lessee for improvements on auctioned land

A. When state lands on which there are improvements for which the owner is entitled to be compensated are offered at an auction for sale or lease, and the purchaser or succeeding lessee is not the owner of the improvements, the purchaser or succeeding lessee shall pay the department at the time of the auction ten per cent of the appraised or remaining unamortized value of the improvements and the balance within thirty days thereafter. The department shall pay the owner of the improvements the payments collected.

B. If the department determines that the amount at which the improvements are appraised is so great that it hinders competitive bidding at an auction for the land, the department may sell the improvements on installments payable ten per cent upon announcement of the successful bidder, fifteen per cent thirty days thereafter and fifteen per cent annually thereafter for five years, together with six per cent interest on the balance remaining unpaid, which amount, until paid, shall be a lien upon the purchaser's or succeeding lessee's interest in the land.

C. The purchaser or succeeding lessee shall at all times keep the insurable improvements insured for the benefit of the owner of the improvements.

D. Payments shall be made at the time and in the manner prescribed for payments on the land or lease, and any default in the payments for improvements shall be deemed a forfeiture in the payments for the land or the lease and of all payments made.
A.R.S. § 37-201 — Arizona Code / Title 37 / Chapter 2 / Article 1 / Section 201
37-201 Examination and selection duties of commissioner
Status: in_force

37-201. Examination and selection duties of commissioner

A. The commissioner shall:

1. Examine the public lands within the state for the purpose of assisting the selection board in selecting the lands granted to the state in quantity, or as indemnity, by the enabling act.

2. Prepare all lists, forms and papers required in the selection of the lands and securing title thereto.

3. Maintain such records and perform such duties as necessary to protect the rights of the state in the lands.

B. The fees and expenses of selecting and securing title to the lands shall be paid from the general fund on claims approved by the commissioner.
A.R.S. § 37-311 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 311
37-311 Definitions
Status: in_force

37-311. Definitions

In this article, unless the context otherwise requires:

1. "Conservation" means protection of the natural assets of state trust lands for the long-term benefit of the land, the trust beneficiaries, lessees, the public and the unique resources that each area contains, such as open space, scenic beauty, protected plants, wildlife, archaeology and multiple use values.

2. "Existing lessee" means any of the following:

(a) The lessee who is entitled to the use of state lands at the time the lands are considered for classification and are classified as trust lands suitable for conservation purposes.

(b) An existing lessee who continues to lease the trust lands after classification as trust lands suitable for conservation purposes.

3. "Open space" means land that is generally free of land uses that would jeopardize the conservation and open space values of the land or development that would obstruct the scenic beauty of the land.

4. "Trust land" means any land that is owned or held in trust by this state.
A.R.S. § 37-172 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 172
37-172 Resource analysis division; administrator; employees; compensation; state cartographer
Status: in_force

37-172. Resource analysis division; administrator; employees; compensation; state cartographer

A. There is established within the state land department the resource analysis division.

B. The state land commissioner shall appoint an administrator of the division.

C. The administrator shall be responsible for the administrative functions of the division.

D. The administrator may employ, with the approval of the commissioner, the employees necessary to carry out the provisions of this chapter.

E. Compensation for the administrator and other employees of the division shall be established pursuant to section 38-611.

F. The office of state cartographer is established within the division. The commissioner is designated the state cartographer, but the commissioner may delegate the responsibilities and functions of the state cartographer under this chapter to an administrative officer of the division.
A.R.S. § 37-444 — Arizona Code / Title 37 / Chapter 2 / Article 9 / Section 444
37-444 Offset against rent due from trust beneficiaries; substituting trust designations
Status: in_force

37-444. Offset against rent due from trust beneficiaries; substituting trust designations

A. If a state agency or institution that leases a parcel of trust land is also a beneficiary of that trust, the department may offset trust proceeds to the agency against the rent due from the agency or institution. The amount of the offset shall be included in the agency's or institution's beneficiary account under the trust and shall be recorded by the department and the agency or institution in accordance with generally accepted accounting principles.

B. The commissioner, with the approval of the selection board, may transfer and substitute the designation of trust land parcels between land grant trusts if the parcels have substantially equal value and the substitution would permit an offset under subsection A against the rent due from a state agency or institution that leases one of the parcels.
A.R.S. § 37-606 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 606
37-606 Protest; public hearing; judicial review
Status: in_force

37-606. Protest; public hearing; judicial review

A. A person interested in the exchange of state lands may appear at any hearing and enter a written protest as provided in section 37-604.

B. The commissioner shall render a decision regarding any protest and serve notice of the decision pursuant to section 37-133.

C. Except as provided in section 41-1092.08, subsection H, final decisions of the commissioner are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 37-301 — Arizona Code / Title 37 / Chapter 2 / Article 4.1 / Section 301
37-301 Procedure for protesting auctions
Status: in_force

37-301. Procedure for protesting auctions

A. Any person who desires to protest any of the terms of a proposed auction for the sale of state land, the lease of state land, or the sale of natural products of state land shall file a written protest with the department within thirty days after the first day of publication of the terms of the proposed auction. All protests shall state specifically the term or terms of the auction to which objection is made and state specifically the reasons for each objection. An objection not specifically stated or timely made is deemed to be waived.

B. At his discretion, the commissioner, on ten days' notice, may order a hearing on any protest. Whether or not a hearing is held, the commissioner, not less than seven days before the auction date, shall enter a final order determining the validity of the protests. If the commissioner determines that a protest is correct, the pending auction shall be cancelled. If the commissioner determines that the grounds of protest are incorrect, the auction shall proceed at the time and place for which it was noticed.

C. Notwithstanding section 37-133, the commissioner's order granting or denying a protest is subject to review only through a special action to the court of appeals or supreme court, served on the department within twenty days after the commissioner's order is entered. Notwithstanding any law or rule applicable to other orders of the commissioner, no motion for rehearing is required before seeking review of an order of the commissioner rejecting a protest to the terms of an auction. Any rehearing motion shall be filed within ten days of the entry of the commissioner's order. Unless otherwise ordered by the commissioner, the filing of a motion for rehearing does not extend the time for seeking review of the commissioner's order granting or denying a protest. Unless the commissioner orders a rehearing within five days after the rehearing motion is filed, the rehearing motion is deemed denied. If a special action review is not sought within twenty days after the commissioner enters his order granting or denying a protest, or if the commissioner's order is sustained on special action review and the decision becomes final, no further action contesting the legality of the terms of the auction may be brought.
A.R.S. § 37-235 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 235
37-235 Subdivision of state lands for sale; size and price limitations
Status: in_force

37-235. Subdivision of state lands for sale; size and price limitations

A. If any one lessee holds more than one hundred sixty acres of state lands susceptible of irrigation, or when the state land department determines that it is desirable that the land held under one lease be subdivided and sold in separate tracts, there shall be a separate appraisal made of such portions of the entire holdings under the lease together with the improvements thereon in such tracts, and the tracts and improvements thereon shall be separately described in the advertisement of sale and shall be separately sold.

B. The department may subdivide any state land into small parcels not larger than ten acres each, or into town or city lots, record a map thereof in the county where the lands are located, and appraise and sell the lands in the manner provided in this article. A parcel of such land shall not be sold for less than ten dollars per acre and no town or city lot for less than ten dollars each, and for not less than the appraised value.
A.R.S. § 37-250 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 250
37-250 Replacement of lost or destroyed certificate of purchase
Status: in_force

37-250. Replacement of lost or destroyed certificate of purchase

When a certificate of purchase is lost, destroyed or wrongfully withheld by any person from the owner thereof, the state land department may receive evidence of the loss, destruction or wrongful withholding, and issue a new certificate of purchase, or patent, to the person entitled thereto.
A.R.S. § 37-1222 — Arizona Code / Title 37 / Chapter 8 / Article 2 / Section 1222
37-1222 Military airport land exchange proposal application; agreement
Status: in_force

37-1222. Military airport land exchange proposal application; agreement

A. A landowner may apply to the section for assistance in preparing a proposal to exchange the landowner's land for land owned by a federal agency if the landowner's land is wholly or partially in a high noise or accident potential zone or if all of the following apply:

1. The landowner's land is undeveloped land.

2. The landowner's land is zoned for uses that are not compatible with the operation of a military airport as determined by the local jurisdiction.

3. The landowner agrees to a rezoning of the landowner's land to uses that are compatible with the operation of a military airport as a condition of an exchange proposed pursuant to this chapter.

B. An application pursuant to subsection A of this section shall include all of the following:

1. The name and address of the landowner.

2. A description of the location of the subject property.

3. The size of the subject property in acres.

4. A copy of the county tax assessor's map showing the subject property.

5. A copy of the zoning ordinance that applies to the subject property.

6. A list of any improvements that are on the subject property.

7. The current use of the subject property and, to the extent known to the landowner, a history of past uses of the subject property.

8. The landowner's preference for the general location of federal lands to be offered in a proposed exchange.

C. The section shall evaluate each application that it receives pursuant to this section and give written notice to the applicant of acceptance or rejection of the application by the section.  If the section rejects an application, the notice shall state the reason or reasons for the rejection and that the rejection is an appealable agency action pursuant to title 41, chapter 6, article 10.  If the section accepts an application, the notice shall indicate that the section agrees to assist the landowner in preparing a proposal for the exchange of the landowner's land for federal land if the landowner pays the fee prescribed in section 37-1223, subsection A, paragraph 1.
A.R.S. § 37-617 — Arizona Code / Title 37 / Chapter 2 / Article 16 / Section 617
37-617 Method of exchange; valuation
Status: in_force

37-617. Method of exchange; valuation

A. Exchange of road rights-of-way over state lands managed by the state land department may be initiated by application of the owner of the road rights-of-way over other lands proposed to be exchanged upon forms provided by the state land department.

B. Upon the filing of an exchange application, the state land department shall immediately appraise the values of all road rights-of-way over lands described in the application to establish the full cash value thereof. The appraised value of road rights-of-way over state lands being exchanged shall, in the opinion of the state land department, be substantially the same as the appraised value of the road rights-of-way over land sought by the application to be exchanged for road rights-of-way over lands managed by the state land department.

C. The land department shall appraise the permanent improvements on the road rights-of-way over state lands offered in exchange in accordance with section 37-322 and the applicant shall pay the value thereof to the state land department upon demand, and the land department shall pay the same to the owner of said improvements on the effective date of the exchange or in lieu thereof the applicant shall submit an agreement between the owner of the improvements and the applicant relieving the state of Arizona and land department and commissioner of all duty to effect due compensation for such improvements to the owner thereof.
A.R.S. § 37-1102 — Arizona Code / Title 37 / Chapter 7 / Article 1 / Section 1102
37-1102 Trust advocate
Status: in_force

37-1102. Trust advocate

In all activities and proceedings under this chapter, the commissioner shall:

1. Act as an advocate for the public trust.

2. Act diligently to promote trust interests.

3. Challenge or defend commission decisions as the commissioner considers necessary to protect trust interests.
A.R.S. § 37-931 — Arizona Code / Title 37 / Chapter 5 / Article 2 / Section 931
37-931 Claims of right-of-way under revised statute 2477
Status: in_force

37-931. Claims of right-of-way under revised statute 2477

A. This state, on behalf of itself and its political subdivisions, asserts and claims rights-of-way across public lands under section 8 of the mining act of 1866, reenacted and recodified as Revised Statute 2477; 43 United States Code section 932, acquired from and after its effective date through October 21, 1976, the date of its repeal, by authority of the department of the interior and related agencies appropriations act, 1997, section 108, enacted by the omnibus consolidated appropriations act, 1997 (P.L. 104-208; 110 Stat. 3009). These rights-of-way across public lands may have been acquired in any manner authorized by the law of the United States, the Territory of Arizona or this state, including:

1. The use by this state or a political subdivision of this state with the intention of establishing a public highway over public lands.

2. The construction or maintenance of a public highway over public lands.

3. The inclusion of a legally described right-of-way across public lands in a state, county or municipal plat or map of public roads.

4. The expenditure of public monies on the highway.

5. The execution of a memorandum of understanding or other agreement with any agency of the United States government that recognizes the right or obligation of this state or a county, city or town of this state to widen or maintain a highway or a portion of a highway.

6. Any other affirmative act by this state or a county, city or town of this state, consistent with federal, territorial or state law, indicating acceptance of a right-of-way across public lands.

7. The use by the public for a period required by law.

B. This state does not recognize or consent, and has not consented, to the exchange, waiver or abandonment of any Revised Statute 2477 right-of-way across public lands unless by formal, written official action that was taken by the state, county or municipal agency or instrumentality that held the right-of-way across public lands and that was recorded in the office of the county recorder of the county in which the public lands are located. No officer, employee or agent of this state or a county, city or town of this state has or had authority to exchange, waive or abandon a Revised Statute 2477 right-of-way across public lands in violation of this subsection, and any such purported action was void when taken unless later ratified by official action in compliance with this subsection.

C. The failure to conduct mechanical maintenance of a Revised Statute 2477 right-of-way across public lands does not affect the status of the right-of-way across public lands as a highway for any purpose of Revised Statute 2477.

D. The omission of a Revised Statute 2477 right-of-way across public lands from any plat, description or map of public roads does not waive or constitute a failure to acquire a right-of-way across public lands under Revised Statute 2477.

E. For the purposes of this section:

1. The extent of a Revised Statute 2477 right-of-way across public lands is the dimension that is reasonable under the circumstance.

2. A Revised Statute 2477 right-of-way across public lands includes the right to:

(a) Widen the highway as necessary to accommodate increased public travel and traffic associated with all accepted uses.

(b) Change or modify the horizontal alignment or vertical profiles as required for public safety and contemporary design standards.

3. The public has the right to use a Revised Statute 2477 right-of-way across public lands to access public lands.

4. If privately owned land is completely surrounded by or adjacent to public lands, the landowner has the right to use a Revised Statute 2477 right-of-way across public lands to access that land.

5. A Revised Statute 2477 right-of-way across public lands shall be closed only by order of a court of competent jurisdiction or the proper completion of an administrative process established for the abandonment, maintenance, construction or vacation of a public right-of-way otherwise allowed by law.

F. This section does not affect the inclusion or exclusion of, or the obligation of maintaining, any highway, road, street or route in any system of state, county or municipal streets, roads or highways. The inclusion of any highway, road, street or route in the state, county or municipal system shall be solely in accordance with other law.

G. This section does not:

1. Apply to any Revised Statute 2477 right-of-way across private property.

2. Impair, modify or otherwise affect any private property rights in effect on July 3, 2015.  Any claim, determination or identification of a right-of-way across public lands pursuant to this section does not establish prior rights for determining financial or legal responsibility for taking any private property rights, in whole or in part.  All presumptions and interpretations of fact and law relating to a claim, determination or identification of a right-of-way across public lands pursuant to this section shall be in favor of preserving private property rights.
A.R.S. § 37-802 — Arizona Code / Title 37 / Chapter 4 / Article 1 / Section 802
37-802 Disposition of real property by state agency; alternative fuel delivery systems; definition
Status: in_force

37-802. Disposition of real property by state agency; alternative fuel delivery systems; definition

A. Unless another procedure is prescribed by law, the director or other chief administrative officer of a state agency may lease or convey real property or any right, title or interest in real property as prescribed by this section if the director or officer determines that it is no longer needed or used for public purposes.

B. Unless the property is subject to a right of reversion to a previous owner or the previous owner's successors in interest, the director or other chief administrative officer of a state agency may lease or convey:

1. Real property to another agency of this state, any county, municipality or other political subdivision or any school district of this state without the necessity of a public sale if the real property will be used for an alternative fuel delivery system. The transferee agency shall pay the transferor agency for a conveyance made pursuant to this section based on a current appraisal establishing the fair market value of the property.

2. Other marketable real property to the highest and most responsible bidder at a public auction or by direct sale or exchange after at least thirty days' notice in a newspaper of general circulation in the county in which the property is located. At least two independent appraisals are required for property that is offered, and the property shall not be offered or conveyed for less than the amount of the low appraisal. All purchase offers are public, and any person may submit a subsequent offer that matches or exceeds a previous purchase offer.

C. The sale shall be for cash or on terms of at least twenty percent down payment with the balance payable in annual amortized installments for ten years, the unpaid balance to bear interest at a rate determined by the director or other chief administrative officer of the state agency.

D. The director or other chief administrative officer of a state agency may execute all deeds or conveyances necessary to lease or convey any real property or interest in the real property to be leased or conveyed under this section and may assess a fee for the costs of preparing and executing any lease or conveyance under this section. The director or officer may insert in any deed or conveyance conditions, covenants, exceptions and reservations the director or officer considers to be in the public interest or may convey in fee simple absolute.

E. A conclusive presumption exists in favor of any purchaser for value and without notice of any real property or interest in the real property leased or conveyed pursuant to this section that the agency acted within its lawful authority in acquiring the property and that the director or other chief administrative officer of the state agency acted under lawful authority in executing any deed, conveyance or lease authorized by this section.

F. Subsection B of this section does not apply to any lease or sublease of state hospital lands or buildings that is executed by the director of the department of health services or the director's designee for the benefit of mentally ill persons in this state. The director of the department of health services or the director's designee shall ensure that the department receives the fair rental value for the leased property.

G. For the purposes of this section, "alternative fuel delivery system" means any facility that provides for the fueling of an alternative fuel vehicle.
A.R.S. § 37-706 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 706
37-706 Persons eligible to apply for entry; limitation on area; contents of application; price of lands; disposition of monies received
Status: in_force

37-706. Persons eligible to apply for entry; limitation on area; contents of application; price of lands; disposition of monies received

A. Any citizen of the United States, or any person who has declared his intention to become a citizen, over the age of eighteen years, may make application to enter any of the lands not exceeding one hundred sixty acres, under the regulations of the department of the interior and the state land department.

B. The application shall be accompanied by a certified copy of a contract for a perpetual water right, made by applicant with the person authorized to furnish water for reclamation of the lands, together with twenty-five cents per acre for the land applied for, to be returned if the application is not allowed, and the application shall contain the declaration that applicant will settle upon and improve the land. If the application is allowed, the applicant shall be issued a certificate of the location.

C. If the contractor fails to furnish water to any settler under the provisions of his contract, the state shall refund to the settler all payments he has made to the state.

D. The state land department shall dispose of all lands accepted by the state at a price not to exceed fifty cents per acre, twenty-five cents to be paid at the time of entry and the remainder at the time of making final proof by the settler. No settler shall be entitled to make more than one entry. Settlers shall also pay, at the time of making final proof, whatever additional amount per acre, if any, which the state may be required to pay to the United States for the land so entered.

E. All monies received for the sale of lands, except those required to be paid to the United States, shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate fund of the state.
A.R.S. § 37-233 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 233
37-233 Sale of state lands; restriction on sale of timber land; expense of sale
Status: in_force

37-233. Sale of state lands; restriction on sale of timber land; expense of sale

A.  On receiving an application, or on the commissioner's initiative, the state land department, under the rules of the department, may cause state lands to be sold if the sale of them is not prohibited by law.

B. Land containing timber of a value which in the opinion of the commissioner should be sold separately from the land shall not be subject to sale until after the timber is sold.

C. When an application is filed with the department for selection or sale of land under the laws of this state, and the department determines that the benefit to be derived from the selection or sale is less than the expense involved, the commissioner may accept from the applicant an amount of money sufficient to pay the expense incidental to the selection or sale. If the applicant fails to secure a lease after selection of land, or fails to purchase land after bidding for it, the successful lessee or purchaser shall reimburse the original applicant for all funds so advanced.
A.R.S. § 37-211 — Arizona Code / Title 37 / Chapter 2 / Article 2 / Section 211
37-211 Investigations of and experiments on state lands to determine possible uses; reclassification
Status: in_force

37-211. Investigations of and experiments on state lands to determine possible uses; reclassification

A. The state land commissioner may conduct investigations and experiments on the lands of the state to:

1. Determine which are suitable for agricultural purposes, or which may be suitable therefor by the development of water and otherwise.

2. Determine which are useful for grazing purposes only.

3. Ascertain the requirements of lands susceptible of agricultural development and the method or means best adapted to insure the development.

4. Determine which trust lands are suitable for conservation purposes pursuant to article 4.2 of this chapter.

5. Obtain other information and data which will aid in the leasing, sale and administration of lands belonging to the state.

B. If in the investigation the commissioner determines that lands have been erroneously classified, the classification shall be changed.
A.R.S. § 37-908 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 908
37-908 Powers and duties of attorney general
Status: in_force

37-908. Powers and duties of attorney general

The attorney general may initiate or defend an action commenced in any court to carry out or enforce this chapter or seek any appropriate judicial relief to protect the interests of this state. Enforcement of this chapter rests exclusively with the attorney general.
A.R.S. § 37-723 — Arizona Code / Title 37 / Chapter 3 / Article 2 / Section 723
37-723 Distribution of money received from United States; appropriations to counties
Status: in_force

37-723. Distribution of money received from United States; appropriations to counties

A. All monies received by the state as its distributive shares of the amounts collected by the United States government under the provisions of the act of Congress of June 28, 1934 known as the Taylor grazing act, and acts amendatory thereof, shall be deposited with the state treasurer.  The treasurer shall distribute the funds to the several counties of the state in which the public lands are located.

B. The state treasurer shall ascertain from the proper United States officers having the records of receipts from grazing permits and leased public lands the amount of receipts from sources in this state for each year for which money is received by the state. A separate account shall be kept of the amount received from each grazing district and lease of public lands, and the state treasurer shall pay the county in which the grazing district or leased public land is located. If the grazing district or leased land lies in more than one county, each county shall receive the proportional part of the amount as the area of the grazing district or leased public land included within the boundary of the county bears to the total area of the grazing district or lease.

C. For the purposes of this section the monies deposited with the state treasurer as provided by subsection A are appropriated to the several counties of the state in the proportions in which the counties are entitled thereto, as shown by the records of the United States officers and transmitted to the state treasurer.
A.R.S. § 37-177 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 177
37-177 Arizona geographic information council
Status: in_force

37-177. Arizona geographic information council

A. The Arizona geographic information council is established in the department consisting of the following members who are appointed by the governor:

1. Eighteen members representing state agencies and instrumentalities.

2. Six members representing federal governmental agencies.

3. One member representing a statewide association of county governments.

4. One member representing a statewide association of municipal governments.

5. Six members representing geographic information systems consortia or local governments.

6. One member representing an Arizona Indian tribal nation.

7. One member representing a professional geospatial organization.

8. One member representing the private sector.

B. The governor shall appoint members of the council for staggered three year terms of office, but the governor may remove a member for cause. Vacancies shall be filled for an unexpired term in the same manner as original appointments.  The council shall annually elect a chairperson, vice-chairperson and other officers it considers necessary.

C. Members of the council are not eligible to receive compensation, but, subject to the availability of monies, are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. The council shall:

1. Advise the Arizona state cartographer's office on matters related to geospatial data sharing and appropriate strategies to support a geospatial clearinghouse and statewide geographic information system.

2. Facilitate interagency coordination for the purpose of geospatial data sharing and supporting a geospatial clearinghouse, a statewide geographic information system and location-based services that enhance and support federal, state and local government business systems, including emergency preparedness and other disaster mitigation response systems.

3. Collect information on user requirements on matters related to geographic information systems, geospatial data, technologies, products, services, standards, programs and activities and prioritize those requirements to the Arizona state cartographer's office, the United States geological survey and other producers of geospatial data.

4. Serve as a forum to facilitate informational exchange between federal, state, tribal, regional and local governments, the private sector and professional associations.

5. Appoint technical committees as necessary.
A.R.S. § 37-282 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 282
37-282 Duty of lessees to cooperate with state land department in making classifications and appraisals
Status: in_force

37-282. Duty of lessees to cooperate with state land department in making classifications and appraisals

Lessees of state lands shall cooperate with the state land department in making classifications and appraisals. Lessees shall furnish information requested by the department pertaining to the use of the lands proposed by lessee and in connection with other property held by the lessee as part of a unit. Information furnished by lessee, except that pertaining to state lands, shall be confidential and shall not be subject to public inspection.
A.R.S. § 37-342 — Arizona Code / Title 37 / Chapter 2 / Article 6 / Section 342
37-342 Acquisition by land department of rights necessary or advisable for reclamation or irrigation of state lands
Status: in_force

37-342. Acquisition by land department of rights necessary or advisable for reclamation or irrigation of state lands

A. The state land department shall make and file locations, appropriations, and rights of way of waters, reservoir sites and dam and power sites whenever the location and filing is deemed advisable for the irrigation of state lands. The land department shall, for and on behalf of the state, acquire title to the water or the appropriation of water, reservoir, dam, power or other sites and rights of way, as necessary or advisable for the reclamation and irrigation of state lands.

B. The filing and locations shall be in the name of the state and the procedure therefor shall conform to that provided for the acquisition of such rights by private citizens.
A.R.S. § 37-1303 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1303
37-1303 Suppression of wildfires; powers and duties of state forester; entry on private lands; exemption
Status: in_force

37-1303. Suppression of wildfires; powers and duties of state forester; entry on private lands; exemption

A. The state forester shall have authority to prevent, manage or suppress any wildfires on state and private lands located outside incorporated municipalities and, if subject to cooperative agreements, on other lands located in this state or in other states, Mexico or Canada. If there is no cooperative agreement, the state forester may furnish wildfire suppression services on any lands in this state if the state forester determines that suppression services are in the best interests of this state and are immediately necessary to protect state lands.

B. In exercising the authority to prevent, manage or suppress wildfires, if the state forester declares a prohibition on fire-causing activities and fireworks, the state forester shall post a notice of the action on the state forester's website and provide a copy of the notice to the news media and the original declaration to the Arizona state library, archives and public records.  The notice shall clearly state the types of prohibited activities, where they are prohibited and whether permits that are issued by other governmental entities are affected by the action.

C. The state forester may request the governor to declare a wildland fire emergency pursuant to section 35-192. If liabilities are authorized under both sections 35-192 and 37-1305, the authorization under section 37-1305 must be exhausted before any liabilities may be incurred under section 35-192.

D. The state forester may enter into cooperative agreements with other state and federal agencies, departments and political subdivisions and any person for:

1. The prevention and suppression of wildfires.

2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states.

3. Activities pursuant to the wildfire suppression assistance act (P.L. 101-11; 103 Stat. 15; 42 United States Code sections 1856m through 1856o) in Mexico and Canada.

E. The state forester may enter private lands in performing the duties under this section.

F. The state forester may enter into agreements to use private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property.

G. The state forester is exempt from the provisions of title 3, chapter 7 relating to protected native plants in this state for the prevention, management or suppression of wildfires.

H. Within a wildfire management area, the state forester or the designated wildfire incident commander is not responsible for the safety or actions of any person or private entity contracted to provide wildfire protection services for private property.
A.R.S. § 37-331.01 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 331.01
37-331.01 Designation of state lands as urban lands on request
Status: in_force

37-331.01. Designation of state lands as urban lands on request

A. The governing body of a city, town or county may request that the commissioner designate as urban lands state lands that are located within:

1. One mile of the corporate boundaries of an incorporated city or town having a population of less than two hundred fifty thousand people.

2. Three miles of the corporate boundaries of an incorporated city or town having a population of two hundred fifty thousand people or more.

B. The commissioner shall provide notice of a request made pursuant to subsection A of this section to all local governing bodies within three miles of the land in question.

C. The commissioner shall designate as urban lands those state lands requested pursuant to subsection A of this section unless the commissioner determines that the designation is an inappropriate categorization of the lands. When the commissioner makes a designation, he shall provide notice of the designation of the lands as urban lands to all local governing bodies within three miles of the lands so designated. If the commissioner determines that the designation would be inappropriate, he shall state in writing his reasons, and shall provide a copy of this statement to the requesting local governing body. The local governing body may appeal this decision to the board of appeals as provided in section 37-215.
A.R.S. § 37-705 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 705
37-705 Contract provisions as to beginning and completion dates; forfeiture for failure to prosecute work
Status: in_force

37-705. Contract provisions as to beginning and completion dates; forfeiture for failure to prosecute work

A. The contract with the state shall provide that the work shall begin within six months from the date of the contract, and shall be prosecuted diligently and continuously to completion, and that cessation of work for a period of six months shall be a ground of forfeiture of all rights under the contract, upon which the state may obtain a judgment of forfeiture and recover the penal sum named in the bond. No property or right which was vested in the applicant or contractor at the date of the contract shall be forfeited. In such cases the forfeiture shall extend only to the portions of the system unconstructed at the time of default, and to the penalty of the bond.

B. Upon failure of the contractor to comply with any requirement of his contract, the state land department shall notify the contractor that, unless he complies with such requirements within sixty days from the date of the notice, the bond and contract shall be forfeited to the state, and, if not complied with, the department will advertise for proposals to complete the work, and may contract with the bidder who will pay the original contractor the highest amount for the works partially completed to complete the works as stated in the original contract. If no bid is received the department shall proceed to collect the bond.
A.R.S. § 37-1154 — Arizona Code / Title 37 / Chapter 7 / Article 3 / Section 1154
37-1154 Public improvements in beds of navigable watercourses; definition
Status: in_force

37-1154. Public improvements in beds of navigable watercourses; definition

A. A determination that a watercourse is navigable does not affect the right of a public entity to own, operate, maintain or repair a public improvement reasonably constructed in the bed of the watercourse under the public entity's powers if the improvement was constructed before the determination that the watercourse is navigable and does not materially impair the public trust. The public entity is considered to have obtained this state's consent to construct the public improvement and is not liable to pay compensation to this state for the land on which the public improvement is constructed if the improvement does not materially impair, obstruct or destroy the function of the watercourse for public trust purposes.

B. If the commissioner determines that the public improvement described in subsection A of this section does not, or will not if appropriate conditions are followed, materially impair the public trust uses, the department may require the public entity to obtain a permit for the improvement pursuant to section 37-1153 but shall not assess any fee for issuing the permit.

C. At least thirty days before issuing a decision under subsection D or E of this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment.

D. If the commissioner determines that the public improvement described in subsection A of this section destroys the function of the watercourse for public trust purposes and is not in furtherance of the public trust status of the land, the public entity may petition the department for release of public trust status pursuant to section 37-1151. In evaluating the petition, the department shall consider, in addition to the factors prescribed by section 37-1151, whether constructing the public improvement was undertaken pursuant to the public entity's authority and whether the public improvement continues to serve a public purpose.

E. If the commissioner determines that a release is appropriate under subsection D of this section, the public entity may purchase this state's interest in the land without a public auction by paying an amount to be determined by the department pursuant to section 37-1152 directly to this state pursuant to section 9-401, subsection A, section 11-251, paragraph 45 or section 48-3603, subsection C, paragraph 2, as applicable.  No cause of action or claim for reimbursement accrues for the benefit of any public entity that exercises its right to purchase this state's interest pursuant to this subsection.

F. For purposes of this section, "public improvement" includes any facility established, constructed or maintained by a public entity pursuant to law and those works described in section 37-1101, paragraph 4.
A.R.S. § 37-284 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 284
37-284 Conflicting short-term lease applications; preference rights
Status: in_force

37-284. Conflicting short-term lease applications; preference rights

A. A conflicting application for an existing lease for a term of not more than ten years shall be filed at least two hundred seventy days but not more than one year before the expiration date on the lease.  The conflicting application must be accompanied by a list of nonremovable improvements on the leased lands on file with the department, including fences.  The conflicting applicant must post a surety bond or other form of security in the amount of two thousand five hundred dollars or twenty per cent of the rental payments over the term of the current lease, whichever is greater.  The department shall calculate the amount of the security within thirty days after receiving the conflicting application, and the conflicting applicant must post the security within thirty days after the department determines the amount.  If the conflicting applicant is unsuccessful or withdraws the application, the department shall return the security to the applicant.  If the conflicting applicant is successful, the security shall be applied against the value of the nonremovable improvements.

B. When the department receives a conflicting application, the department shall give the existing lessee thirty days' notice to file an application for renewal pursuant to this section.

C. If two or more applicants apply to lease the same land for a term of not more than ten years, the department shall approve the application of the one who, after investigation or hearing, appears to have the best right and equity to the lease.  The order of filing shall not be a controlling factor in deciding who is entitled to the lease.  If it appears that none of the applicants has any right or equities superior to those of another that would outweigh an offer of additional rent, and if it is in the best interest of the trust, the department, at a stated time and after due notice to all applicants, may receive bids submitted in accordance with rules of the department.  If one of the competing applicants is the existing lessee who has a preferred right of renewal pursuant to section 37-291, the department shall extend the preferred right of renewal to the existing lessee if the existing lessee offers a bid matching the highest bid. The department shall approve the application of the bidder who in all respects is eligible to receive a lease upon the land and will pay the highest annual rental, or the department may reject all bids.

D. Before the department issues a lease to the successful bidder, the successful bidder shall pay one full year of rent and, unless all parties agree to an extended payment schedule, the appraised value of any nonremovable improvements pursuant to section 37-322.01.  If the successful bidder does not pay one full year of rent or the value of any nonremovable improvements within thirty days after the department requests payment, the department may offer the lease to the next best bidder.  A lease that is issued pursuant to this section shall require the lessee to pay annual rent that is equal to the amount of annual rent bid, unless a reappraisal or rental adjustment requires a higher amount.

E. Any person residing upon contiguous land for which the person has an allowed United States homestead entry or for which the person has received a patent from the United States upon a homestead entry, upon application, shall have a preferred right to lease the amount of contiguous state land necessary for personal use.

F. Any person lawfully occupying any lands, the title to which is acquired by the state by operation of law, shall have a preference right to lease the occupied land provided application to do so is made within thirty days from and after written notice by the department to such occupant of the acquisition of title.
A.R.S. § 37-616 — Arizona Code / Title 37 / Chapter 2 / Article 16 / Section 616
37-616 Protest; public hearing; judicial review
Status: in_force

37-616. Protest; public hearing; judicial review

A. A person interested in the exchange of any road rights-of-way may appear at any hearing on the exchange and enter a written protest as provided in section 37-604.

B. The state land commissioner shall render a decision regarding any such protest and serve notice of the decision in accordance with section 37-133.

C. Except as provided in section 41-1092.08, subsection H, final decisions of the commissioner are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 37-607 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 607
37-607 Method of exchange; valuation
Status: in_force

37-607. Method of exchange; valuation

A. Exchange of state lands managed by the state land department may be initiated by the owner of the other lands proposed to be exchanged on application forms provided by the department.

B. The department, on determining that the proposed exchange presents obvious benefits to the applicable trust, shall appraise the values of all lands described in the application to establish the fair market value. The appraised value of state lands being considered for exchange shall, in the opinion of the department, be substantially equal to or less than the appraised value of the land offered by the applicant.

C. After completion of the requirements of subsection B of this section, the commissioner shall analyze the long-term potential of all the lands proposed to be exchanged and report his findings to the selection board. The commissioner shall consider at least the following criteria:

1. Proximity to existing and proposed development.

2. Potential zoning and topography of those lands.

3. The impact of paragraphs 1 and 2 on the lands proposed for exchange. Based on this analysis, the commissioner shall recommend approval of the exchange only if he finds that the potential for appreciation in value of the other lands is equal to or greater than the state lands, or that special circumstances make the exchange in the long-term interest of the trust.

D. In lieu of a written agreement between the owner of the permanent improvements and the applicant relieving this state, the department and the commissioner of all duty to compensate the owner for those improvements, the department shall appraise the permanent improvements on the state lands being exchanged, pursuant to section 37-322, and the applicant shall pay the appraised amount to the department on demand. The department shall pay the appraised amount to the owner of the improvements on the effective date of the exchange.
A.R.S. § 37-501 — Arizona Code / Title 37 / Chapter 2 / Article 12 / Section 501
37-501 Trespass on state lands; classification
Status: in_force

37-501. Trespass on state lands; classification

A person is guilty of a class 2 misdemeanor who:

1. Knowingly commits a trespass upon state lands, either by cutting down or destroying timber or wood standing or growing thereon, by carrying away timber or wood therefrom, by mowing, cutting, or removing hay or grass thereon or therefrom, or by grazing livestock thereon, unless he has a lease or sublease approved by the department for the area being grazed.

2. Knowingly extracts or removes oil, gas, coal, mineral, earth, rock, fertilizer or fossils of any kind or description therefrom.

3. Knowingly without right injures or removes any building, fence or improvements on state lands, or unlawfully occupies, plows or cultivates any of the lands.

4. With criminal negligence exposes growing trees, shrubs or undergrowth standing on state lands to danger or destruction by fire.
A.R.S. § 37-722 — Arizona Code / Title 37 / Chapter 3 / Article 2 / Section 722
37-722 Authority of land department and selection board to make exchanges of state owned for federally owned land
Status: in_force

37-722. Authority of land department and selection board to make exchanges of state owned for federally owned land

The state land department and the selection board may effect exchanges of state owned land for federally owned land, and the department and the selection board may do all things necessary or required to be done by the state in order to comply with the provisions of the Taylor grazing act as amended, section 28 of the enabling act as amended, or any other act of Congress relating to the exchange of lands and any rules or regulations promulgated pursuant thereto. Such exchanges shall be made in the same manner and under the same rules and regulations as required for the selection of lands under the provisions of the enabling act, as amended, provided that if the federal government retains the mineral rights on the land it exchanges the state shall retain the mineral rights on the land it exchanges.
A.R.S. § 37-322.03 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 322.03
37-322.03 Improvements on state lands; taxation; disposition on termination of lease; statement of improvements
Status: in_force

37-322.03. Improvements on state lands; taxation; disposition on termination of lease; statement of improvements

A. A lessee of state land shall maintain all improvements that are pertinent to the lease in serviceable condition for the term of the lease and shall not remove any improvement without written authorization from the department except as provided by subsection B.  All improvements placed upon state land shall, until they become the property of the state, be subject to assessment for taxes in the name of the owner, as other property.

B. Within sixty days before or ninety days following the expiration of a lease of state land, the lessee may remove from the land the lessee's removable improvements, if the removal will not injure the land.  Wells, embankments or dams designed for development, storage or conservation of water shall not be taken away, destroyed or injured, but shall remain as appurtenant to the land and shall be removed, destroyed or altered only by authority of the department.

C. The retiring lessee may, with written authority from the department, and within the time for removal, sell the lessee's improvements to the succeeding lessee.

D. At the commissioner's request, a lessee shall file with the department a sworn statement setting forth the character of the improvements and their actual cash value.

E. If an improvement remains on the land after ninety days after the lease termination, the department may remove, destroy or otherwise dispose of the improvement if the department reasonably determines that any of the following apply to the condition of the improvement:

1. The improvement must be repaired before it can be used for the purpose for which it was placed on the land, and the cost of repairs would equal or exceed the value of the repaired improvement.

2. The improvement must be repaired before it can be used for the purpose for which it was placed on the land and the value of the improvement before repair is equal to or less than the cost of disposing of the improvement.

3. The existence of the improvement in its current condition is unsafe, poses an unreasonable risk of injury to persons or property, violates an applicable provision of law or is a nuisance.

4. The improvement is not authorized by the department and is not in the best interest of the trust.

F. Before disposing of an improvement pursuant to subsection E of this section, the department shall send written notice to the former lessee, by certified mail, return receipt requested and addressed to the lessee’s last address of record with the department, that:

1. The department intends to remove, destroy or otherwise dispose of the improvement at any time beginning thirty days after the lessee’s receipt of the notice.

2. The department’s determination pursuant to subsection E of this section is appealable pursuant to section 37-215.
A.R.S. § 37-281.03 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 281.03
37-281.03 Leasing land along Colorado river from United States; subleasing requirements; limitations
Status: in_force

37-281.03. Leasing land along Colorado river from United States; subleasing requirements; limitations

A. The state land department may lease from the United States or its authorized agencies, for park, recreational and wildlife purposes, lands under the jurisdiction of the bureau of reclamation, which are located along the Colorado river embracing the area from Davis dam to the international line, for such terms and under such conditions as the United States or its agencies may provide.

B. The state land department may sublease lands leased to the department, as provided in subsection A, for park, recreational and wildlife purposes to the state parks board, the game and fish commission or to any political subdivision of the state.

C. The provisions of section 41-511.05, paragraph 3, restricting the creation of a state park or monument or additions thereto to one hundred sixty acres, shall not apply to any land leased or acquired from the state land department for park and recreational purposes which are under the jurisdiction of the bureau of reclamation on lands located along the Colorado river embracing the area from Davis dam to the international line.

D. The provisions of sections 37-281 and 37-281.02 shall not apply to sublease of lands leased to the state under the provisions of subsection A of this section.

E. The state parks board, the game and fish commission or a political subdivision of the state which leases land from the state land department as provided by this section may sublease such lands according to the terms of the lease executed between the state land department and the state parks board, the game and fish commission or the political subdivision of the state.
A.R.S. § 37-801 — Arizona Code / Title 37 / Chapter 4 / Article 1 / Section 801
37-801 Duty to disclose names of persons having a beneficial interest in real property
Status: in_force

37-801. Duty to disclose names of persons having a beneficial interest in real property

When the state or any political subdivision thereof purchases or acquires an option to purchase real property, or takes official preliminary steps by resolution of an executive commission resolving to purchase or acquire an option to purchase real property or an easement thereon, or files an action to acquire title to real property or an easement thereon by condemnation, the full names and addresses of all persons having a beneficial interest in such real property shall be disclosed to the person in charge of such department or agency of the state or political subdivision thereof, acquiring or attempting to acquire title to such real property, or an option therefor, when requested in accordance with the provisions of this section. Upon receipt of a written demand therefor, signed by the person in charge of such department or agency of the state or political subdivision thereof, served in person by his authorized agent to which has been attached a certified copy of the resolution referred to in this section, any person serving as a fiduciary in relation to such real property for any or all of the persons having a beneficial interest in such real property or any person who holds such property in his name in trust or otherwise for the benefit of any or all of such persons having a beneficial interest in the real property shall, upon presentment of such demand, disclose the names and addresses of all persons having a beneficial interest in the real property to the person making such demand on behalf of the department or agency of the state or political subdivision thereof.
A.R.S. § 37-708 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 708
37-708 Water rights appurtenant to lands; lien; foreclosure and redemption
Status: in_force

37-708. Water rights appurtenant to lands; lien; foreclosure and redemption

A. The water rights shall attach and become appurtenant to the land when the title passes from the United States to the state. Any person furnishing water for any tract of land so acquired shall be entitled to receive directly, when due under the water contracts, all payments upon the land, and shall have a first lien on the water rights, which shall be prior to other liens created or attempted to be created by the owner or possessor of the land. The lien shall remain in force and effect until the last deferred payment for the water rights is fully paid and settled according to the terms of the contract under which the water rights were acquired. The contract for the water rights upon which the lien is founded shall be recorded in the office of the county recorder.

B. Upon default of any deferred payment secured by lien, the lienholder may foreclose the lien as mortgages are foreclosed, and the settler may within one year from the date of foreclosure redeem by paying the deferred payments, with interest at not to exceed ten per cent per annum, accrued interest and cost of maintenance.

C. The contractor shall have a like lien on and against the separate legal subdivisions of land reclaimed upon the interest therein of the settler for the actual cost and necessary expenses of reclamation, and interest thereon at the rate of six per cent per annum, from the date of reclamation.
A.R.S. § 37-523 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 523
37-523 Normal schools land fund; composition; use
Status: in_force

37-523. Normal schools land fund; composition; use

A. After any appropriation pursuant to section 37-527, the normal schools land fund shall consist of:

1. The proceeds of all lands granted to the state by the United States for normal schools for the purpose of training teachers.

2. All property donated for normal schools, teacher colleges or colleges of education for the purpose of training teachers, unless the terms of the donation otherwise provide.

3. The sale of timber, mineral, gravel or other natural products of property granted or donated for such purposes.

B. The fund shall be and remain a perpetual fund for the benefit and support equally of the universities for the purpose of training teachers and distributions from the fund pursuant to article X, section 7, Constitution of Arizona together with the monies derived from the rental of the lands and property, including interest and accrued rent for that year credited pursuant to section 37-295, shall be used.
A.R.S. § 37-1306 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1306
37-1306 Cooperative forestry fund; purpose; exemption
Status: in_force

37-1306. Cooperative forestry fund; purpose; exemption

A. The cooperative forestry fund is established. The state forester shall administer the fund.

B. Except as otherwise provided in this chapter, the state forester shall deposit, pursuant to sections 35-146 and 35-147, in this fund all monies appropriated to this fund and monies received from individuals, businesses, any public agency as defined in section 11-951, and any other sources.

C. Appropriations, grants, gifts and contributions hazardous vegetation removal received from any public or private source must be used for hazardous vegetation removal pursuant to section 37-483.

D. Monies deposited pursuant to an intergovernmental agreement or a memorandum of understanding entered into pursuant to section 37-483 must be used for the purposes outlined in the agreement or memorandum.

E. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the state forester.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 37-341 — Arizona Code / Title 37 / Chapter 2 / Article 6 / Section 341
37-341 Preliminary investigation of projects for reclamation of state lands
Status: in_force

37-341. Preliminary investigation of projects for reclamation of state lands

The state land department may make preliminary investigation of projects for the reclamation of state lands by the storage of flood waters, for the discovery and development of subterranean water for irrigation and domestic purposes, or the diversion of running streams adapted for development in cooperation with the United States or by the state independently, and report to the legislature the possibilities and physical requirements of the reclamation accompanied by recommendations for carrying the reclamation into effect.
A.R.S. § 37-335.06 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 335.06
37-335.06 Agreements to fund, install and reimburse costs of infrastructure on trust lands
Status: in_force

37-335.06. Agreements to fund, install and reimburse costs of infrastructure on trust lands

A. The commissioner may enter into agreements with any public or private party to permit the construction, operation and maintenance of infrastructure on urban lands, including a community identity package for urban lands with a plan that is approved pursuant to this article. The agreement:

1. May provide for reimbursement by subsequent purchasers or lessees of actual infrastructure related land acquisition and construction costs plus a reasonable rate of interest as determined by the commissioner.

2. Shall contain such limitations as deemed necessary by the commissioner to protect the marketability of the affected trust land.

3. Shall identify the type, quality and location of infrastructure, the schedule for installation, the method of computing the reimbursable costs and the methods for repayment.

4. Shall include requirements to maintain and repair the infrastructure and address the issue of liability for damage or accidents resulting from the design, construction, maintenance or repair of the infrastructure.

5. Shall state the procedure for amending the agreement.

6. Shall include rights and remedies for default under the agreement, including the right to cure.

B. A party to an agreement under this section may not delegate his obligations under the agreement without written approval of the commissioner. The commissioner may require performance and payment bonds or other sufficient security as a condition for his approval.

C. An agreement entered into under this section does not give rise to any preferred rights or other rights generally acquired by a lessee of state lands unless specifically stated in the agreement. Notwithstanding section 37-322.01 or 37-322.02 or any other statute, the right to reimbursement for infrastructure on urban lands is limited pursuant to subsection A, paragraph 1 of this section. The general provisions for default under state land leases or certificates of purchase do not apply to agreements under subsection A of this section.
A.R.S. § 37-202 — Arizona Code / Title 37 / Chapter 2 / Article 1 / Section 202
37-202 Selection board; powers and duties; distribution of central Arizona project water to state trust lands
Status: in_force

37-202. Selection board; powers and duties; distribution of central Arizona project water to state trust lands

A. There is established a selection board composed of the governor, the state treasurer exercising those powers of the surveyor-general with respect to the selection of lands as provided in this section and the attorney general.

B. The selection board shall do all things necessary to comply with the laws of the United States and of the state in securing title to the lands granted to the state in quantity or as indemnity by the enabling act, or to any other lands which may be granted to the state.

C. The board shall file upon and select, and cause to be withdrawn and surveyed for selection, lands the commissioner from time to time recommends for selection or for withdrawal and survey.

D. The selection board shall cancel, relinquish and release the claim of the state and reconvey to the United States any tract of land erroneously listed to the state or any tract upon which, at the time of selection or withdrawal, a bona fide claim has been initiated by an actual settler.

E. The board shall designate which of the lands selected shall be assigned to each specific fund designated in the grants made to the state by the United States. The selections shall be apportioned among the various grants so that each fund shall receive as nearly as possible its pro rata share of the different classes of land selected.

F. The board shall determine the distribution of all central Arizona project water allocated for the benefit of state trust lands. All allocations of central Arizona project water made by the selection board shall be used on state trust lands except that if state trust lands to which central Arizona project waters have been allocated are sold, then the central Arizona project water allocated to those lands may be used on those lands.  All allocations of central Arizona project water made by the selection board shall conform to the Arizona state water plan administered by the department of water resources. Allocations greater than ten per cent of the total amount of central Arizona project water available to the state for the benefit of state trust lands shall require legislative approval by concurrent resolution before such allocation is available for use.

G. If state land is included in a proposed corporate limit of a municipality, the selection board, at the commissioner’s request, may render a determination approving or rejecting the inclusion of the state land in the proposed corporate limit.
A.R.S. § 37-527 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 527
37-527 Trust land management fund
Status: in_force

37-527. Trust land management fund

A. The trust land management fund is established. The fund consists of up to ten percent of the annual proceeds of:

1. Each beneficiary's trust lands granted to this state by the United States.

2. All sales of timber, mineral, gravel or other natural products or property from each beneficiary's trust lands granted to this state by the United States.

B. The commissioner shall determine the percentage of trust land proceeds to be deposited in the fund each fiscal year.  The percentage shall be the same for all beneficiaries.  The commissioner shall notify the joint legislative budget committee and the governor's office of strategic planning and budgeting of the determination on or before September 1 of the preceding fiscal year.

C. The monies in the fund:

1. Are subject to legislative appropriation. The department may retain an amount of monies from the fund that is sufficient to pay the department's costs for contracting with a qualified third-party reviewer as prescribed in section 37-132, subsection A, paragraph 12.

2. Shall be used exclusively to manage trust lands as prescribed by law.

D. The commissioner shall administer the fund. On notice from the commissioner, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

E. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, but if the balance in the fund at the end of any fiscal year exceeds two times the budget of the department for the management of trust lands for the next fiscal year, the excess amount shall be credited proportionately to the several permanent funds based on the last fiscal year's deposits.

F. This section does not prevent the legislature from appropriating state general fund monies for the purposes described in this section.
A.R.S. § 37-1301 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1301
37-1301 Arizona department of forestry and fire management; state forester; appointment; qualifications
Status: in_force

37-1301. Arizona department of forestry and fire management; state forester; appointment; qualifications

A. The Arizona department of forestry and fire management is established to provide for land management and the prevention and suppression of wildland fires on state land and on private property located outside of cities and towns.

B. The governor shall appoint a state forester pursuant to section 38-211. The state forester serves at the pleasure of the governor. The state forester is responsible for the direction, operation and control of the Arizona department of forestry and fire management.

C. The qualifications of the state forester shall be either of the following:

1. Graduation from a full four-year college course with a bachelor's degree, with a major in forestry, including five years of technical experience in the forestry-land management field.

2. Ten years of successful and progressive technical experience in forestry and land management activities of such a nature as to enable the applicant to perform the duties of the state forester successfully at the professional level.
A.R.S. § 37-214 — Arizona Code / Title 37 / Chapter 2 / Article 2 / Section 214
37-214 Board of appeals; approval of participation contracts; appeal
Status: in_force

37-214. Board of appeals; approval of participation contracts; appeal

A. Before approving a participation contract, the board of appeals shall review the report submitted by the commissioner pursuant to section 37-239. A majority vote of a quorum of the board is required for the adoption of the report. Upon the adoption of the report the proposed participation contract may be approved. The board shall act within one hundred twenty days after receiving the report.

B. Land classified as suitable for commercial or homesite purposes after completing the planning process pursuant to article 5.1 of this chapter shall not be leased for a term greater than ten years unless the board determines that such lease will result in obtaining a higher benefit to the trust than would result if the land were sold. In making this determination, the board shall consider the sales price, the investment earnings potential, the property tax revenues obtainable once the land has been sold, the role of trust earnings in the financing of the activities of the beneficiaries, the potential earnings available through the lease or exchange of the lands in question, the potential long-term appreciation of the land and all other factors deemed relevant by the board.

C. A final decision of the board may be appealed by the commissioner or by any person adversely affected by the decision pursuant to title 41, chapter 6, article 10.
A.R.S. § 37-612 — Arizona Code / Title 37 / Chapter 2 / Article 15 / Section 612
37-612 Concurrent jurisdiction of the United States over lands acquired for penal purposes; termination of jurisdiction
Status: reserved

37-612. Concurrent jurisdiction of the United States over lands acquired for penal purposes; termination of jurisdiction

Concurrent jurisdiction over any land in the state heretofore or hereafter acquired by the United States for any of the purposes set forth in section 37-611 and over any public domain in the state reserved or used for penal purposes by the United States is ceded to the United States, but such jurisdiction shall continue no longer than the United States owns or leases the land or continues to reserve or use such public domain for penal purposes.
A.R.S. § 37-246 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 246
37-246 Sale of natural products of lands by purchaser under certificate of purchase; disposition of proceeds; violation; classification
Status: in_force

37-246. Sale of natural products of lands by purchaser under certificate of purchase; disposition of proceeds; violation; classification

A. If a purchaser of state land under a certificate of purchase sells or contracts to sell directly or indirectly any sand, gravel, stone or other natural product from the land described in the certificate, he shall file with the department within ten days after the sale or making the contract, a statement under oath on a form furnished by the department, of the kind and quantity of natural product sold, the terms of the sale, and the amount received or to be received therefor.

B. Upon receipt of any money from a sale or contract described in subsection A, the holder of the certificate shall promptly pay the money to the department. The money shall be applied by the department first to payment of the interest accrued under the certificate, and the remainder, if any, to payment of the principal amount owing on the land described in the certificate. If the payment is sufficient to discharge the total debt owing under the certificate, with accrued interest thereon, the department shall issue a patent to the purchaser as provided in this article.

C. The department shall cancel the certificate of purchase of a purchaser of state land who fails or refuses to make or knowingly makes any false statement in any statement required by subsection A, or who fails or refuses to pay to the department any money required to be paid by subsection B. The land described in the certificate, together with all improvements thereon, shall revert to the state, and all amounts theretofore paid for the land by the purchaser shall be forfeited to the state.

D. A person who violates a provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 37-236.01 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 236.01
37-236.01 Sale of lands suitable for conservation purposes and other purposes at single auction
Status: in_force

37-236.01. Sale of lands suitable for conservation purposes and other purposes at single auction

The department may offer for sale at a single auction trust land that has been classified as suitable for conservation purposes pursuant to article 4.2 of this chapter and land to be used for other purposes.
A.R.S. § 37-256 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 256
37-256 Application of provisions; east half of dry bed of Colorado river
Status: in_force

37-256. Application of provisions; east half of dry bed of Colorado river

The provisions of this section and sections 37-257, 37-258 and 37-259 shall apply to the following lands:

1. Lands owned by the state of Arizona which lands are located in the Palo Verde irrigation district in Riverside county, California, within three miles, measured in a true west direction, of any portion of the Colorado river between river points 13.00 and 13.19 as defined in the "interstate compact defining the boundary between the states of Arizona and California," (Laws 1963, chapter 77) and which lands, in the opinion of the state land commissioner, may have constituted the east half of a now dry bed of the Colorado river.

2. Lands owned by the state of Arizona other than lands referred to in paragraph 1 of this section, which other lands are located within three miles, measured in a true east or true west direction of any portion of the Colorado river as located in the interstate compact defining the boundary between the states of Arizona and California (Laws 1963, chapter 77) and which lands, in the opinion of the state land commissioner, may have constituted the east half of a now dry bed of the Colorado river, at such time that the attorney general of the state of Arizona is satisfied that an agency of the state of California is empowered to convey title to any west half of a now dry bed of the Colorado river which may be located within three miles measured in a true east direction of any portion of the Colorado river as above located.
A.R.S. § 37-704 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 704
37-704 Contract; contents; bond of contractor
Status: in_force

37-704. Contract; contents; bond of contractor

A. Upon approval of the application and withdrawal of the land by the department of the interior, the state land department shall enter into a contract with the applicant containing complete maps and specifications of the proposed project. The contract shall state:

1. The maximum price per acre at which perpetual water rights shall be sold to settlers.

2. The maximum cost per annum for maintenance charges.

3. The price and terms upon which the state is to dispose of the land to settlers.

B. The contract shall provide that the sale to a settler of a tract of land with a permanent water right shall include an interest in the project and any power plants that may be built equal to the proportion that the tract of land purchased by him bears to the entire tract to be reclaimed by the irrigation project, and that upon full payment of the purchase price of the land, capital stock of the corporation, representing the interest, shall be issued and delivered to the settler by the person constructing the project. The price and terms of water rights, maintenance charges, and land, shall be reasonable.

C. The contracting party may provide in the contract with the applicant for the land and permanent water right the amount of the annual water supply, and may provide rules and regulations for the use and distribution of the water, to be approved by the department.

D. The contractor shall make and deliver to the state a bond in a penal sum equal to five per cent of the estimated cost of the project but not exceeding fifty thousand dollars for the faithful performance of the contract.
A.R.S. § 37-173 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 173
37-173 Duties
Status: in_force

37-173. Duties

The division shall:

1. Establish a clearinghouse of information and a central repository for geospatial data and statewide geographic information system services.

2. Provide geographic information system services and geospatial data for the state land department and other public agencies in this state.

3. Facilitate the sharing of geospatial data and geographic information system services among all public agencies to address the needs of this state.

4. Prepare standards and specifications for developing, maintaining and sharing geospatial data and geographic information system services.

5. Function as the Arizona affiliate office for national geographic information systems and geospatial data coordination initiatives.

6. Establish a liaison relationship with the United States geological survey, federal geospatial organizations and other state and local government organizations in order to facilitate and coordinate sharing geospatial data, providing geographic information system services and using a clearinghouse.

7. Identify federal, state, regional, tribal and local government and private sector geospatial data and geographic information system services to include in the clearinghouse.

8. Coordinate the development and maintenance of a geospatial public land survey system and cadastral database with responsible federal, state and local agencies.
A.R.S. § 37-461 — Arizona Code / Title 37 / Chapter 2 / Article 10 / Section 461
37-461 Grants of rights-of-way and sites for public uses
Status: in_force

37-461. Grants of rights-of-way and sites for public uses

A. The department may grant rights-of-way for any purpose it deems necessary, and sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over state lands, subject to terms and conditions the department imposes. The department may make rules respecting the granting and maintenance of such rights-of-way and sites.

B. The department may grant rights-of-way for transportation purposes to federal agencies, state agencies or political subdivisions of this state for nonexclusive uses for a term exceeding ten years without a public auction.  If a grant of a right-of-way or site to any other entity amounts to the disposition of or conveys a perpetual right to use the surface of the land, the department shall grant the right-of-way or site at public auction to the highest and best bidder.

C. The department may grant rights-of-way to any person for nonexclusive uses for a term of not more than fifty years without a public auction.