A.R.S. § 37-132.01 — Arizona Code / Title 37 / Chapter 1 / Article 2 / Section 132.01
37-132.01 Performance and restoration account; agreements with public and private entities
Status: in_force

37-132.01. Performance and restoration account; agreements with public and private entities

A. The proceeds of any security imposed by the commissioner as a condition of sale pursuant to section 37-132, subsection A, paragraph 5 and the proceeds of a bond, collateral or security received pursuant to section 37-132, subsection B, paragraph 3 or section 37-335.06, subsection B shall be deposited in a separate account of the state land department fund that is designated as the performance and restoration account and that shall be used for the performance or restoration purposes for which the bond, collateral or security was acquired. The commissioner shall administer the account.

B. The commissioner may enter into an agreement with a private entity or an intergovernmental agreement pursuant to title 11, chapter 7, article 3 to coordinate the review and approval of plans for performance or restoration purposes and to perform the performance or restoration action, including:

1. Designating a lead agency for the performance or restoration action.

2. Issuing the lead agency or entity temporary rights of entry on, under and over state trust lands for the purpose of access for the performance or restoration action.  The temporary rights of entry shall be issued pursuant to applicable law.

3. Authorizing the lead agency or entity to use the proceeds of the bond, collateral or security for the performance or restoration action.
A.R.S. § 37-331.02 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 331.02
37-331.02 Urban land planning oversight committee
Status: in_force

37-331.02. Urban land planning oversight committee

A. The urban land planning oversight committee is established in the department consisting of the following members appointed by the governor pursuant to section 38-211:

1. One member with experience in drainage, hydrologic or infrastructure engineering.

2. One member with experience in urban and community planning.

3. One member with experience in contracting for planning studies related to residential, commercial or industrial real estate development.

4. One member with experience in open space or natural resource planning.

5. One public member.

B. The governor shall appoint the members to staggered terms of four years. A vacancy is created, and the governor shall appoint a replacement member to fill the unexpired term, if a member:

1. No longer resides in this state.

2. Is absent without excuse from three consecutive meetings of the committee.

3. Resigns or is unable to perform the duties as a committee member.

C. Each year the committee shall select a chairman from among the members. Members of the committee are eligible for compensation as provided by title 38, chapter 4, article 1. The committee shall meet on the call of the chairman.

D. The committee shall:

1. Recommend to the department procedures and strategies to efficiently create conceptual land use plans for urban state trust land and other state trust lands the commissioner considers to be appropriate, as provided by section 37-331.03, subsection A.

2. Provide advice on the types and extent of studies that are needed to create the plans.

3. Review and make recommendations for approval regarding the final conceptual land use plans and the final five year state trust land disposition plans for conformity with the adopted conceptual plans.
A.R.S. § 37-171 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 171
37-171 Definitions
Status: in_force

37-171. Definitions

In this chapter, unless the context otherwise requires:

1. "Administrator" means the administrator of the division.

2. "Geographic information system" means computer-based technologies for storing, manipulating and analyzing geospatial data.

3. "Geospatial data" means digital data using geographic or projected map coordinate values, identification codes and associated descriptive data to locate and describe boundaries or features on, above or below the surface of the earth or characteristics of the earth's inhabitants or its natural or human-constructed features.

4. "Public agency" means any agency or instrumentality of the United States, this state, another state, a regional council of governments in this state, an Indian tribe, nation, community or band, any political subdivision of this state or another state or any foreign country.

5. "Resource analysis division" or "division" means the resource analysis division of the state land department.
A.R.S. § 37-322.01 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 322.01
37-322.01 Reimbursement for nonremovable improvements by succeeding lessee of lands not subject to auction; failure to pay; penalty
Status: in_force

37-322.01. Reimbursement for nonremovable improvements by succeeding lessee of lands not subject to auction; failure to pay; penalty

A. A lessee of state lands that are not subject to lease by auction shall be reimbursed by a succeeding lessee for improvements placed on the lands which are not removable.

B. If the retiring lessee and the new lessee do not agree upon the value of the improvements, or if there is no amortized value established for the improvements, either party may file with the state land department an application for appraisal of the improvements. If a lease is granted pursuant to section 37-284, a request for an appraisal shall be made more than ninety days before the expiration of the lease. Thereafter an appraisal of the improvements shall be made pursuant to section 37-322.  For agricultural and grazing leases, the appraiser shall consider the following in determining the value of the improvements:

1. The impact to surrounding state land.

2. Replacement cost minus physical and functional obsolescence as it relates to agriculture and grazing.

3. Any other factors that the commissioner determines to be relevant.

C. Upon making the appraisal, the department shall give notice of the amount by certified mail to each person interested in the appraisal. The notice shall require that the new lessee pay to the department for the prior lessee the entire amount of the appraisal before issuance of the lease unless all parties agree to an extended payment schedule. If the improvements were placed on state lands subject to a commercial lease and if the commissioner determines that the value of the improvements is so great that it inhibits the commissioner's ability to lease the property at fair market value, the commissioner may require reimbursement of the improvements pursuant to a payment schedule of not more than five years.

D. If the improvements are not paid for as agreed in an extended payment schedule, the succeeding lessee shall not be permitted to sell, assign or transfer his lease nor sell, assign or remove any improvements whatever from the land until the entire amount of the appraised value of the improvements has been paid.  Upon default the succeeding lessee shall be subject to the same penalties and liabilities as provided by section 37-288 for failure to pay rents, including a cancellation of the lease.
A.R.S. § 37-525 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 525
37-525 Other land funds; composition; use
Status: in_force

37-525. Other land funds; composition; use

A. After any appropriation pursuant to section 37-527, the legislative, executive and judicial public buildings land fund, the penitentiary land fund, the Arizona state hospital land fund, the state charitable, penal and reformatory institutions land fund, the schools and asylum for the deaf, dumb and blind land fund, the miners' hospital for miners with disabilities land fund and the military institutes land fund shall separately consist of:

1. The proceeds of all lands granted to this state by the United States for the respective purposes named.

2. All property donated by individuals for like purposes, unless the terms of the donation otherwise provide.

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

B. The funds shall be and remain perpetual funds for the benefit and support of institutions corresponding to the purposes for which the funds are established, except as otherwise provided in the enabling act and section 37-295 and distributions from the funds pursuant to article X, section 7, Constitution of Arizona together with the monies derived from the rental of the lands and property shall be used. Monies in the state charitable, penal and reformatory institutions land fund are subject to legislative appropriation.
A.R.S. § 37-252 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 252
37-252 Taxation of lands sold
Status: in_force

37-252. Taxation of lands sold

A. All lands sold under the provisions of this article shall not be subject to taxation until the department issues a patent for such lands pursuant to section 37-251 or until seven years after the date of auction, whichever occurs first.

B. If a patent for such lands pursuant to section 37-251 has not been issued within seven years after the department issued a certificate of purchase for such lands under section 37-244, all lands sold under the provisions of this article shall be taxed, and the taxes assessed on those lands shall be collected and enforced as against other lands.  The department shall not issue a patent under section 37-251, subsection A or B until all taxes that are due on the lands have been paid. On payment of taxes on lands held under certificate of purchase, the county treasurer to whom the taxes are paid shall immediately furnish to the state land department a statement of the taxes paid. The statement shall be made on forms supplied for that purpose by the department.
A.R.S. § 37-241 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 241
37-241 Terms of sale of state land; payment; interest rate
Status: in_force

37-241. Terms of sale of state land; payment; interest rate

A. The terms of sale of state land are as follows:

1. At least ten percent, but not more than twenty-five percent, of the appraised value, as stated in the auction notice, which shall be applied to the principal and associated rights-of-way, together with the required fees prescribed pursuant to section 37-107, shall be paid by cashier's check or any other form of payment approved by the commissioner on announcement of the successful bidder.

2. If the amount bid for the land exceeds the appraised value, further payment shall be made within thirty days so that the total amount paid, including the amount paid on the date of sale, equals the percentage of the bid, as stated in the auction notice, which shall be allocated to the principal and associated rights-of-way, together with the required fees prescribed under section 37-107.

B. On payment of the amounts provided in subsection A of this section, on compliance by the purchaser with the requirements of this article and on payment of the fees under section 37-107, a certificate of purchase shall issue as provided in section 37-244.  On full payment for the entire tract of land sold within thirty days after the auction, the department shall issue a patent as provided in section 37-251.

C. If the purchaser fails to complete the payment of the percentage of the bid stated in the auction notice, together with the fees required pursuant to section 37-107, or to enter into a contract of sale within the time provided in the certificate of purchase offered by the department:

1. The purchaser forfeits all amounts paid, including:

(a) All payments made on the purchase price, which shall be deemed to be rental for the land.

(b) All amounts paid under section 37-107.

2. The commissioner may declare that the bid placed before the final bid accepted is the highest bid and that bidder has five business days after notification by the department to pay by cashier's check or any other form of payment approved by the commissioner all amounts due under this section and section 37-107.

D. The balance of the purchase price is payable as follows:

1. The commissioner shall establish before the notice of sale the length of the term over which the balance shall be paid and whether a variable or fixed interest rate is appropriate or whether the entire balance without interest is due and payable within thirty days after the auction. This determination shall be based on the nature of the land being sold and general market conditions in effect at the time.

2. After establishing the length of the term and whether a fixed or variable rate is appropriate, the commissioner shall notify the state treasurer to establish the interest rate after consideration of local prevailing prime interest rates and mortgage rates and the maximum amount of interest set by statute by this state, if any.

3. If a variable rate is established, the interest rate charged to a purchaser may vary from year to year. The department shall annually notify each purchaser of the interest rate specified by the state treasurer to be paid by the purchaser for the following year and the total amount of interest payable the following year with the purchaser's annual payment.

E. The commissioner shall establish before the notice of sale the length of the term over which the balance shall be paid. The term shall not exceed twenty-five years.

F. The length of term and interest rate and whether the rate is variable or fixed shall be considered terms of the sale to be included in the notice required by section 37-237.

G. The purchaser may discharge the entire debt at any time and be entitled to a patent for the land if the purchaser pays the entire purchase price, together with the applicable fees, and demonstrates that all terms and conditions of the certificate of purchase have been satisfied.
A.R.S. § 37-1382 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1382
37-1382 Deputy fire marshals and assistants; appointment; duties; recovery of costs
Status: in_force

37-1382. Deputy fire marshals and assistants; appointment; duties; recovery of costs

A. With the approval of the state forester, the assistant director of the office of the state fire marshal may:

1. Hire deputy fire marshals who shall have knowledge in the field of fire safety and hire such other assistants and employees as are necessary to properly discharge the duties imposed on the office of the state fire marshal pursuant to this article.

2. Appoint as assistant fire inspectors any of the fire chiefs of a city, town, county, volunteer fire company or protective district or an employee of a private fire service provider who meets the requirements of this section to act within their area of jurisdiction or area of service or on the recommendation of the fire chief appoint other assistant fire inspectors if needed to function within the jurisdiction.

3. Appoint other assistant fire inspectors who meet the requirements of this section as are necessary in areas that are not under the jurisdiction of a fire chief designated in paragraph 2 of this subsection and who may be employees of this state, the federal government or a private fire service provider.

B. Assistant fire inspectors appointed pursuant to subsection A of this section shall carry out their duties only within the geographic areas assigned by the assistant director of the office of the state fire marshal.  When designating assistant fire inspectors and when assigning geographic areas, the assistant director of the office of the state fire marshal shall give a preference to assigning assistant fire inspectors to the service area covered by the municipal or private fire service provider where the assistant fire inspector is employed.

C. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 of this section are not entitled to receive additional compensation for performing duties under this article, except that an employee of a public or private fire service provider who acts as an assistant fire inspector may charge fees to recover costs incurred in conducting inspections or for the review of plans and inspections of property. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 of this section or fire inspectors appointed pursuant to subsection E of this section shall have attended fire inspector training by an entity that meets nationally recognized standards and is approved by the office of the state fire marshal.

D. An assistant fire inspector who is appointed pursuant to subsection A of this section may inspect property, issue notices of violation and enforce the jurisdiction's fire code. An assistant fire inspector who is appointed pursuant to subsection A of this section shall report all actions taken to the assistant director of the office of the state fire marshal in a manner prescribed by the assistant director.

E. A city, town or county may appoint a fire inspector from one or more public or private fire service providers that service areas in the city, town or county to inspect property. City, town or county fire inspectors may issue notices of violation and enforce the fire code on behalf of the city, town or county within the respective service area of the public or private fire service provider. A fire inspector shall report all actions taken to the city, town or county manager. A fire inspector who is appointed pursuant to this subsection is not entitled to receive additional compensation for performing duties on behalf of the city, town or county, but may charge fees to recover the costs for review of plans and the inspection of public or private premises.

F. The assistant director of the office of the state fire marshal, deputy fire marshals, assistant fire inspectors or a fire inspector who is appointed pursuant to this section may inspect buildings and premises in response to an emergency call or at the request of the occupant of the public or private property.

G. The amount of the fees charged by a fire inspector or an assistant fire inspector shall be available at the office of the state fire marshal or the city, town or county where the property is located.
A.R.S. § 37-1386 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1386
37-1386 Construction of article; hazardous materials; electronic filing
Status: in_force

37-1386. Construction of article; hazardous materials; electronic filing

A. This article does not prohibit cities subject to this article, towns or volunteer fire districts from enacting ordinances, resolutions, rules or regulations with regard to fire protection or prevention pursuant to other provisions of law or charter, provided such ordinances, resolutions, rules or regulations are equal to or exceed minimum standards imposed pursuant to this article.

B. A facility that is located in a city or town with a population of seventy-five thousand persons or more, in conjunction with the local fire department or fire district, may deliver hazardous materials management plans and hazardous materials inventory statements electronically.

C. Nothing in this section prohibits a local fire department or fire district from requiring electronic filing of hazardous materials management plans and hazardous materials inventory statements.
A.R.S. § 37-287.01 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 287.01
37-287.01 Default on long-term lease; forfeiture and cancellation of lease; extension of time for payments; penalty and interest on delinquent rent
Status: in_force

37-287.01. Default on long-term lease; forfeiture and cancellation of lease; extension of time for payments; penalty and interest on delinquent rent

A. If a lessee of a lease in excess of ten years defaults in a payment of rent, as provided in the lease, or fails to comply with a condition, covenant or requirement of the lease, the lease and the lessee's rights under the lease are subject to forfeiture and cancellation as provided by this section and section 37-289. Within sixty days after default or failure the department shall notify the lessee of the default or failure by certified mail to the lessee's last known address of record with the department.

B. On the written request of a lessee of a lease in excess of ten years, the commissioner may extend the time for payment of the delinquent amount for a period of not more than five years on terms that the commissioner considers to be appropriate as follows:

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

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

3. If the department does not act on a request for extension within thirty days after receiving the request, the request is considered to be denied.

4. If the lessee fails during the period of the extension to complete all delinquent payments of rent, penalty and interest, the lease is subject to default and cancellation as provided by this section and section 37-289, except that if the last day of the last period of extension expires on the last day of the five-year period and all delinquent payments have not been paid by the last day of the five-year period, the lease is automatically canceled on the last day of the five-year period and shall be so noted on the records of the department.

5. If a payment of rent is made after the due date, payments must be made according to the extension granted by the commissioner under this subsection.

C. There shall be added to the delinquent rental a penalty and delinquent interest.  The rate of interest on delinquent rent shall be set by the state treasurer. The penalty shall be the greater of a minimum processing cost as determined by the commissioner or five per cent. The delinquent rent, penalty and interest shall be a lien on the improvements, crops and property on the land.
A.R.S. § 37-1304 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1304
37-1304 Forestry administrative districts; equipment and personnel
Status: in_force

37-1304. Forestry administrative districts; equipment and personnel

A. The state forester may establish state forestry administrative districts in all eligible areas of this state.

B. The state forester shall establish an equipment program in order to supply the forestry administrative districts. Equipment shall be supplied through both the federal excess property program and purchases of new equipment when warranted.

C. Subject to title 41, chapter 4, article 4, the state forester may hire personnel in each such district or other most practical area based upon need and workload.

D. The state forester may:

1. Hire personnel and rent equipment on a temporary basis in order to monitor and suppress wild land fires occurring on state and private lands within any of the forestry administrative districts.

2. Cooperate with other federal, state and local government agencies and any person to establish a reserve of personnel and equipment which may be utilized when needed to suppress wild land fires.

3. Adopt rules necessary to carry out the provisions of this subsection which shall be exempt from existing advertising and certification procedures.
A.R.S. § 37-1406 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1406
37-1406 Implementation; rulemaking; inspection of cigarettes; definitions
Status: in_force

37-1406. Implementation; rulemaking; inspection of cigarettes; definitions

(Conditionally Rpld.)

A. The office of the state fire marshal shall implement this article pursuant to the implementation and substance of the New York fire safety standards for cigarettes in section 156-c of the New York executive law and part 429 of title 19 of the New York Code of Rules and Regulations.

B. The office of the state fire marshal may adopt rules to enforce this article.

C. As authorized pursuant to section 42-3151, the department of revenue in the regular course of conducting inspections of distributors and retailers may inspect cigarettes to determine whether the cigarettes are marked as required by section 37-1404. If the cigarettes are not marked as required, the department of revenue shall notify the office of the state fire marshal.

D. An agent of the department of revenue who is also a law enforcement agent or investigator may conduct inspections pursuant to section 37-1405, subsection G.

E. For the purpose of this section, "cigarette", "distributor" and "retailer" have the same meanings prescribed in section 42-3001.
A.R.S. § 37-1402 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1402
37-1402 Test method and performance standard; civil penalty; reports
Status: in_force

37-1402. Test method and performance standard; civil penalty; reports

(Conditionally Rpld.)

A. Except as provided in subsection I of this section, cigarettes may not be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless both of the following occur:

1. The cigarettes are tested pursuant to the test method prescribed in this section and meet the performance standard prescribed in this section.

2. The manufacturer files a written certification with the office of the state fire marshal pursuant to section 37-1403 and marks the cigarettes pursuant to section 37-1404.

B. The tests prescribed in subsection A, paragraph 1 of this section shall conform to the following standards:

1. Testing of cigarettes shall be conducted pursuant to the American society of testing and materials standard E2187-04, "standard test method for measuring the ignition strength of cigarettes".

2. Testing shall be conducted on ten layers of filter paper.

3. Not more than twenty-five percent of the cigarettes tested in a test trial pursuant to this section shall exhibit full-length burns.  Forty replicate tests comprise a complete test trial for each cigarette tested.

4. The performance standard required by this subsection is applied only to a complete test trial.

5. Written certifications shall be based on testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization or another comparable accreditation standard required by the office of the state fire marshal.

6. Laboratories conducting testing pursuant to this subsection shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results.  The repeatability value shall not be greater than 0.19.

7. Additional testing is not required if cigarettes are tested consistent with this article for any other purpose.

8. Testing performed or sponsored by the office of the state fire marshal to determine a cigarette's compliance with the performance standard required by this subsection shall be conducted pursuant to this subsection.

C. Each cigarette listed in a certification submitted pursuant to section 37-1403 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard prescribed in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column.  At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.

D. A manufacturer of a cigarette that the office of the state fire marshal determines cannot be tested pursuant to the test method prescribed in subsection B, paragraph 1 of this section shall propose a test method and performance standard for the cigarette to the office of the state fire marshal. On approval of the proposed test method and a determination by the office of the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subsection B, paragraph 3 of this section, the manufacturer may employ that test method and performance standard to certify the cigarette pursuant to section 37-1403. If the office of the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those prescribed in this article, and the office of the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, the office of the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the office of the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted pursuant to this article. All other applicable requirements of this section apply to the manufacturer.

E. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for three years and shall make copies of these reports available to the office of the state fire marshal and the attorney general on written request. Any manufacturer that fails to make copies of these reports available within sixty days after receiving a written request is subject to a civil penalty of not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make the copies available.

F. The office of the state fire marshal may adopt a subsequent American society of testing and materials standard test method for measuring the ignition strength of cigarettes on a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette if compared to the percentage of full-length burns the same cigarette would exhibit if it were tested pursuant to the American society of testing and materials standard E2187-04 and the performance standard prescribed in subsection B, paragraph 3 of this section.

G. The office of the state fire marshal shall review the effectiveness of this section and report every three years to the legislature on the office of the state fire marshal's findings and any recommendations for legislation to improve the effectiveness of this section. The office of the state fire marshal shall submit the report and legislative recommendations on or before July 1 of each three-year period.

H. The office of the state fire marshal shall notify the governor, the speaker of the house of representatives and the president of the senate in writing immediately after a federal reduced cigarette ignition propensity standard that preempts the standard prescribed in this article becomes effective.

I. This section does not prohibit either of the following:

1. Wholesalers or retailers from selling their existing inventory of cigarettes on or after August 1, 2009 if the wholesaler or retailer can establish that state tax stamps were affixed to the cigarettes before August 1, 2009 and the wholesaler or retailer can establish that the inventory was purchased before August 1, 2009 in comparable quantity to the inventory purchased during the same period of the prior year.

2. The sale of cigarettes solely for the purpose of consumer testing. For the purposes of this paragraph, "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, using only the quantity of cigarettes that is reasonably necessary for such an assessment.
A.R.S. § 37-259 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 259
37-259 Application as offer to settle dispute
Status: in_force

37-259. Application as offer to settle dispute

Any application under section 37-257 and any payments made to this state pursuant thereto shall be deemed an offer by the applicant to compromise and settle a dispute with this state, and no applicant by filing such application shall be deemed to be admitting that title to the land applied for is owned by this state, nor shall such application or any payments thereunder be admissible in evidence in any action at law or equity with respect to such land, nor shall such sale by this state be an admission by this state that it does not own the bed of the present location of the Colorado river or any other bed not specifically covered by such sale.
A.R.S. § 37-104 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 104
37-104 Power to make and accept conveyances of real property
Status: in_force

37-104. Power to make and accept conveyances of real property

A. The state land department may accept conveyances to the state of real property or any interest therein whether by gift, in trust, or otherwise, and containing terms, conditions or requirements deemed proper by the department.

B. Conveyances may be accepted for the purposes, among others, of establishing and maintaining airports and landing fields, with uses necessary or incidental thereto, proving grounds, testing grounds, and in addition but without limitation, war projects necessary to state or national defense, upon terms and conditions reasonable or necessary. The department may enter into arrangements, agreements or leases for the establishment, operation or maintenance of such projects with agencies of the United States or with any person, firm or corporation.

C. The department may lease, dedicate, convey or otherwise transfer state lands unless otherwise leased, subject to constitutional limitations, to agencies of the United States or to any person, firm or corporation, upon terms and conditions necessary and proper, for the purpose of establishing, maintaining or conducting airports and landing fields and uses necessary or incidental thereto, proving grounds, testing grounds, and in addition but without limitation, war projects necessary to state or national defense.
A.R.S. § 37-290 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 290
37-290 Cancellation of lease on reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments
Status: in_force

37-290. Cancellation of lease on reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments

A. Upon reclassification of state lands, whether upon application for reclassification or upon initiation by the commissioner, notice of the decision shall be served upon all interested parties of record in the department.  If no appeal from the reclassification is taken as provided for by law, or if the decision of the commissioner is upheld on appeal, any lease upon the land reclassified shall be automatically cancelled on the issuance of a new lease or at the time of auction, whichever occurs first.

B. An applicant for renewal of a lease shall have a preferred right to lease the reclassified land at the reappraised rental thereof for a term not longer than ten years as determined by the department. The preferred right to lease does not extend to a lessee who has not substantially complied with the terms of the lease or who has not placed the land to the use prescribed in the lease during the term of the lease or within the time prescribed in the lease, except when that action was excused for good cause by written authorization by the department.

C. Upon cancellation of the lease of reclassified lands, if the land as reclassified is leased to a person other than the existing lessee or applicant for a renewal lease, the unused pro rata of an advance rental payment made by the existing lessee shall be refunded to such lessee, and the lessee shall be protected in improvements on the land owned by the lessee in the same manner as provided in section 37-322.01.
A.R.S. § 37-1153 — Arizona Code / Title 37 / Chapter 7 / Article 3 / Section 1153
37-1153 Permit to use public trust lands
Status: in_force

37-1153. Permit to use public trust lands

A. On application, the department may permit the use of public trust lands by a public entity or private person or entity if the department determines that such use will be consistent with, and in the best interests of, the public trust. The use may continue only as long as the lands are used for the purposes for which the permit is granted. The permit shall contain terms and conditions that are necessary or appropriate to assure protection of the public trust interests associated with the lands. The user shall pay due compensation to the department that shall be used for the purposes prescribed by this chapter.

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

C. The department may lease rights-of-way in public trust lands for nonexclusive uses for a term of not more than ten years without a public auction, if the conditions prescribed by subsection A are met.

D. The department shall adopt rules relating to granting the use permits and maintaining the public trust land that is subject to permit under this section.
A.R.S. § 37-343 — Arizona Code / Title 37 / Chapter 2 / Article 6 / Section 343
37-343 Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state
Status: in_force

37-343. Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state

A. The state land department may investigate and determine adverse claims to lands the title to which is held by the state, and in instances where title to other land is obtained in lieu of such land, the department may relinquish the claim of the state thereto. The determination of the department shall be final until set aside by a court of competent jurisdiction.

B. The department may investigate any appropriation of water or reservoir site for irrigation or livestock purposes made and maintained prior to reservation, for the benefit of the state, of the land on which the water appropriation is located, and protect the equities of the prior appropriator of water by the extension of a preference right to lease the land or by such other lawful means as the department may prescribe.
A.R.S. § 37-106.01 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 106.01
37-106.01 Power to contract for central Arizona project water for use on state lands; payment of costs; selling unallocated water; disposition of revenue from sale of central Arizona project water and water rights
Status: in_force

37-106.01. Power to contract for central Arizona project water for use on state lands; payment of costs; selling unallocated water; disposition of revenue from sale of central Arizona project water and water rights

A. The state land department, with the approval of the governor, may make contracts for and on behalf of the state with the United States or a multi-county water conservation district, organized under title 48, chapter 22, or both, for the purchase and delivery of water from the central Arizona project for use for municipal and industrial purposes on state lands within such district and to agree to pay therefor an amount equal to that paid by other municipal and industrial users under the project for comparable quantities.

B. The quantity of water for which the department is authorized to contract shall not exceed one hundred thousand acre-feet per annum diverted from the aqueduct system between the Colorado river and the Salt river, and one hundred thousand acre-feet per annum diverted from the system south of the Salt river.

C. All or any part of the rights to water acquired by the department under any such contract may be sold, assigned and transferred to any lessee or purchaser of any of the state lands on which such water has been or is to be used or to any provider of permanent municipal water service to those lands. The department shall not make the purchase or use of central Arizona project water by the lessee a condition to renewal of a lease of state land or by the purchaser or lessee in a sale or new lease where mining of groundwater from state lands will not be involved. The transferee of any rights to water under this subsection must have or obtain before the transfer a contract with either or both the United States or a multi-county water conservation district for service of central Arizona project water for municipal and industrial use. The transferee shall reimburse the department, on a pro rata basis, for all costs and charges, including capital costs and administrative expenses, incurred by the department, as of the time of transfer, under its contract for the purchase and delivery of central Arizona project water under subsection A of this section.

D. The cost of central Arizona project water shall be paid from revenues derived from the transfer of water rights acquired by the department under its contract and from revenues from the sale of central Arizona project municipal and industrial water or, in the event such revenues are not sufficient, such cost shall be a charge against the state, providing such contract does not violate article IX, section 5, Constitution of Arizona. Nothing in this section shall be construed as creating a lien upon state lands or against the interest of the state therein or as creating an obligation of the state to pay any charges, costs, assessments or debts other than those described in this section.

E. Before the selection board allocates central Arizona project water to specific state trust lands the department, with the board's approval, may enter into interim contracts to sell unallocated central Arizona project water for municipal and industrial uses on state or any other land subject to a determination by a multi-county water conservation district that the proposed action complies with the terms of the applicable subcontract and the central Arizona project master repayment contract and subject to approval of the director of the department of water resources.  Purchasers of water under this subsection shall reimburse the department, on a pro rata basis, for all costs and charges, including capital costs and administrative expenses, incurred by the department under its contract for the purchase and delivery of central Arizona project water under subsection A of this section.

F. The department, with the approval of the state selection board, may enter into contracts to undertake or authorize the storage of central Arizona project water for which the department has signed a municipal and industrial water service subcontract, but that the department has not otherwise allocated for use. A person with whom the department contracts shall pay to a multi-county water conservation district all applicable operation, maintenance and replacement charges established under the provisions of title 48, chapter 22 and associated with any water stored, but shall not be responsible for capital costs paid by the department pursuant to its contracts with the multi-county water conservation district. Each contract between the department and another person for water storage shall specify that the water storage permit holder for the stored water shall assign to the department a share of any long-term storage credits accrued pursuant to the permit and that the department's share of the long-term storage credits shall be negotiated based on the proportion of the costs incurred by the department in the water storage. The department may sell long-term storage credits for the benefit of the state trust land at the appraised fair market value of the credits. In undertaking water storage pursuant to this subsection, the department and the persons with whom it contracts shall comply with all of the provisions of title 45, chapter 3.1. For the purposes of this subsection, "water storage", "long-term storage credit" and "water storage permit" have the same meanings prescribed in section 45-802.01.

G. The department shall deposit, pursuant to sections 35-146 and 35-147, revenues from the transfer of water rights under subsection C of this section and from the sale of water under subsection E of this section, except for monies attributable to reimbursement of administrative expenses, in the central Arizona project municipal and industrial repayment fund established by section 37-526. Monies attributable to reimbursement of administrative expenses, under both subsections C and E of this section, shall be deposited in the state general fund pursuant to sections 35-146 and 35-147.
A.R.S. § 37-1131 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1131
37-1131 Notice to landowners; quiet title action
Status: in_force

37-1131. Notice to landowners; quiet title action

A. If the commission determines a watercourse to be navigable as provided in section 37-1128, the state land department shall do the following before it files any quiet title action regarding public trust property beneath or adjacent to the watercourse:

1. Collect information and perform land surveys that are necessary to determine the boundaries of the bed of the watercourse. The bed of the watercourse to which the state claim applies is the bed of the watercourse existing on the date of the commission's determination, unless the preponderance of the evidence establishes a different location.  Before making this determination, the department shall provide public notice and any opportunity for comment by the public.

2. Compile a complete description of each parcel of land lying wholly or partially in the bed of the watercourse, including record title ownership by any person, and a complete title search of each parcel to show how and when the lands were first conveyed in apparent violation of the public trust.

3. If the land was conveyed in apparent violation of the public trust by an agency of the United States, bring an action against the United States for damages and prosecute the action to final judgment. Any damages collected shall be placed in the riparian trust fund established by section 37-1156.

B. At least thirty days before entering onto any lands in or adjacent to the bed of a watercourse as required for purposes of this section, the department shall notify any record title owner of the property by certified mail of the intention to inspect the property.  The notice shall:

1. State the period during which the department or the department's consultant intends to inspect the property and that the inspection is required under subsection A of this section.

2. Describe the activities that the department or the department's consultant intends to perform on the property.

C. Within thirty days after compiling the parcel information pursuant to subsection A, paragraph 2 of this section the department shall notify each record owner or lessee of property that is located in the bed of the navigable watercourse and each person and entity that have an interest of record in the property of the commission's determination and that, by virtue of the determination, all or a portion of the property will be claimed as public trust land of this state in a quiet title action.  The notice shall include:

1. The name of the watercourse and the date of the determination of navigability pursuant to section 37-1128.

2. The legal description and acreage of the parcels that the department has determined to be in the bed of the watercourse.

3. A statement that record title owners, lessees and parties having an interest of record in the parcels have a right to appeal the department's determination of the parcel boundaries within thirty days after receiving the notice as provided by title 41, chapter 6, article 10.

D. The department shall not commence an action to quiet title to land under this article until the commission has issued a final determination regarding the navigability of the watercourse pursuant to section 37-1128 and that determination is subject to no further judicial review pursuant to section 37-1129.

E.  Venue for any action to quiet title under this section is proper only in the superior court in the county in which the affected lands are located, but the court may grant or deny requests for change of venue pursuant to title 12, chapter 4, article 1.

F.  The department shall join as parties to any action to quiet title under this section each record owner of, and each person or entity that has an interest of record in, any property in the county that may be affected by this state's claim to ownership of the bed of the affected watercourse, but this requirement does not constitute grounds for dismissing the action if the persons or entities not joined are not subject to the jurisdiction of the courts of this state.
A.R.S. § 37-286.01 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 286.01
37-286.01 Duty to exclude unauthorized livestock bond; damages; injunction
Status: in_force

37-286.01. Duty to exclude unauthorized livestock bond; damages; injunction

A. Notwithstanding the provisions of title 3, chapter 11, article 8, if the commissioner leases land located within the boundaries of a fenced range to a person other than the prior state grazing lessee, the new lessee shall exclude unauthorized livestock grazing by fencing the exterior boundary of the state land or by any other means that the commissioner considers to be suitable. The commissioner may require the new lessee to post a bond sufficient to cover the cost of the fence construction.

B. If the new lessee referred to in subsection A of this section fails to fence the exterior boundaries of the state land, or otherwise exclude unauthorized livestock from the state land, within the time for compliance with the fencing requirements set forth in the lease conditions prescribed by the department, the failure constitutes a default on the lease and the new lessee is subject to default proceedings pursuant to section 37-289 and, if a bond was required pursuant to subsection A of this section, the bond may be forfeited on cancellation of the lease.

C. The commissioner shall include the requirements imposed by this section in the terms of all new leases to which this section applies.

D. If the commissioner withdraws state land from lease pursuant to section 37-132, subsection A, paragraph 11, because the land may pose a threat to human health and cannot be used for livestock grazing, and the land is located within the boundaries of a fenced range, either the commissioner or the party responsible for causing the land to be withdrawn shall be responsible for excluding unauthorized livestock from grazing on the land. The lessee may not exercise the preferred right pursuant to section 37-291 to renew a lease on the land withdrawn.

E. Until livestock are excluded from the state land pursuant to this section, or during the pendency of the lease default for failure to exclude livestock pursuant to subsection B of this section, the unauthorized grazing of livestock on state land within the fenced range shall not constitute trespass pursuant to section 37-501 or wilful trespass pursuant to section 37-502, subsection A or B, but shall constitute prima facie evidence of casual or involuntary trespass pursuant to section 37-502, subsection A. The monetary damages for the unauthorized grazing of livestock under this subsection shall be limited to the greater of the carrying capacity of the state land for the period of unauthorized grazing as expressed in animal unit months or the actual animal unit months of unauthorized grazing actually determined to have occurred on the state land, multiplied by the grazing fee, as most recently determined by the state grazing land valuation commission pursuant to section 37-285, subsection E. The commissioner may seek to enjoin the unauthorized grazing of livestock, and the provisions of sections 37-501 and 37-502 apply on the occurrence of any of the following:

1. The number of unauthorized livestock exceeds the carrying capacity of the fenced range that includes the state land.

2. The owner of the unauthorized livestock does not agree to pay the monetary damages authorized by this subsection.

3. The lease is canceled pursuant to subsection B of this section and the owner of the unauthorized livestock fails to apply for the lease when requested by the commissioner or accept the offer by the commissioner for a lease on the state land.

4. The owner of unauthorized livestock intentionally hinders the fencing of state land pursuant to subsection A or D of this section.

F. Nothing in subsection E of this section shall limit the ability of the commissioner to enjoin unauthorized activities other than grazing that may damage or decrease the value of the state land or otherwise impede the management of the state land.
A.R.S. § 37-239 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 239
37-239 Participation contracts; planning and disposition proposals
Status: in_force

37-239. Participation contracts; planning and disposition proposals

A. The commissioner may enter into participation contracts and may charge a fee to an applicant to retain one or more consultants to assist in negotiating or preparing a participation contract. If the applicant is not the successful bidder, the commissioner shall refund the fee.

B. Before recommending any participation contract to the board of appeals, the commissioner shall consider and report on:

1. The methodology for determining any reimbursable infrastructure costs.

2. An analysis of the state trust revenue to be derived from the proposed participation contract.

3. The historical trends in land values in the area by types of proposed land uses.

4. An analysis of the financial feasibility of the planned development's proposed build-out schedule.

5. An evaluation of the potential economic risks and benefits to the trust arising from the participation contract.

6. An analysis of the economic and financial impact, and other factors determined by the commissioner, regarding alternative dispositions or no disposition of the lands.

C. Each participation contract shall:

1. Provide that subsequent sales or leases of state land that are subject to a participation contract shall be based on the criteria and the phasing and disposition plan included in the participation contract and the formula for determining the amount of revenue to the trust as a result of the subsequent sale or lease.

2. Prescribe rights and remedies in the case of default including rights to cure, forfeiture and other appropriate remedies.

D. This state's share of the revenues from the sale of land under a participation contract shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate perpetual fund.

E. A participation contract may be offered on lands that do not have a development plan approved by the commissioner or on land that may require the successful bidder to further plan and zone property after the auction.  Before auctioning a contract requiring planning and zoning, the commissioner may solicit planning and disposition proposals, through advertisement for at least five consecutive days in a newspaper of general circulation in the county in which the lands are located, or if there is no daily newspaper of general circulation in that county, the advertisement shall be published as many times within a thirty-day period as the newspaper is published but not more than five times. The commissioner may require information regarding the projected planning and zoning, the estimated costs of the planning and zoning and the financial feasibility of the proposal. The proposals shall also contain proposed participation payments. The commissioner may provide that some of the information that is contained in the proposals will remain confidential, if the information is proprietary, until the commissioner recommends a contract to the board of appeals. After the proposals are received, the commissioner may conduct preauction conferences regarding the proposals.  The commissioner may then auction a participation contract that, at the commissioner's option, may incorporate information that was acquired through the proposal process. A participation contract that is entered into pursuant to this subsection shall:

1. Require the successful bidder to pay a nonrefundable down payment of at least two and one-half per cent of the minimum bid for the property, plus the required fees prescribed pursuant to section 37-107 and, if the successful bidder did not pay the consultant fee pursuant to subsection A of this section, any fee charged pursuant to subsection A of this section, by cashier's check at the time of the auction. The down payment does not include participation payments.

2. Require an additional payment to be made within thirty days if the amount bid for the land exceeds the minimum bid, so that the total down payment, including the down payment paid on the date of the sale, will equal the required percentage down payment of the total amount bid. The additional payment does not include participation payments.

3. Require the successful bidder to post within thirty days after the auction a surety bond or another form of collateral that the commissioner considers to be sufficient to cover the costs of the required planning and zoning.

4. Provide for the forfeiture of the contract and any accompanying certificate of purchase or lease if the successful bidder fails to provide the required collateral.

5. Describe the land to be planned and zoned, which may include land that is retained by the department and not auctioned with the contract.

6. Contain guidelines for expected planning and zoning and time frames for the planning and zoning consistent with the guidelines.

7. Provide for the forfeiture of the contract and any accompanying certificate of purchase or lease if the successful bidder fails to accomplish the planning and zoning within the prescribed time, unless extended in writing by the commissioner based on good cause shown.

8. Require at least ten per cent of the total purchase price to be paid by the time the planning and zoning are completed, unless extended in writing by the commissioner based on good cause shown.

9. Provide for absolute approval authority by the commissioner of any planning and zoning actions.

10. Deny the successful bidder the right to physically develop the property, including grading or leveling, until at least ten per cent of the purchase price has been paid.

11. Deny the issuance of partial patents for the property until at least ten per cent of the purchase price has been paid and the requirements of section 37-251 have been met.

12. Contain such other terms that the commissioner considers to be necessary or appropriate.

F. After it is accepted by the commissioner, a planning and zoning proposal submitted to the local governing body by the successful bidder shall be administered as a state general plan or development plan as appropriate, according to the procedures described in article 5.1 of this chapter.
A.R.S. § 37-1383 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1383
37-1383 Powers and duties; construction plans and specifications; permit applications; arson investigators
Status: in_force

37-1383. Powers and duties; construction plans and specifications; permit applications; arson investigators

A. Under the authority and direction of the state forester, the assistant director of the office of the state fire marshal or a deputy fire marshal or an assistant fire inspector who is acting at the direction of the assistant director of the office of the state fire marshal shall:

1. Assist in the enforcement of state laws and ordinances of cities and counties relating to fire prevention and fire protection.

2. Adopt by rule a state fire code establishing minimum standards for:

(a) Safeguarding life and property from fire and fire hazards.

(b) The prevention of fires and alleviation of fire hazards.

(c) The storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials.

(d) The installation, maintenance and use of fire escapes, fire protection equipment, fire alarm systems, smoke detectors and fire extinguishing equipment.

(e) The means and adequacy of fire protection and exit in case of fire in places in which numbers of persons work, live or congregate, excluding family dwellings that have fewer than five residential dwelling units.

(f) Other matters relating to fire prevention and control that are considered necessary by the office of the state fire marshal.

3. Adopt rules and a schedule of fees for permits, plan submissions, plan reviews and reinspections that are payable by persons regulated under this article.

4. Adopt rules for the allocation of monies from the arson detection reward fund established by section 37-1387.  The rules shall be consistent with the purposes set forth in section 37-1387 and shall promote the effective and efficient use of the fund monies.

5. Enforce compliance with the fire code adopted pursuant to this subsection throughout this state except in any city with a population of one hundred thousand persons or more that has in effect a nationally recognized fire code, whether modified or unmodified, and that has enacted an ordinance to assume such jurisdiction from the office of the state fire marshal. Such cities do not have authority that supersedes and are not exempt from the state fire code adopted pursuant to paragraph 2 of this subsection in state or county owned buildings wherever located throughout this state.

6. Cooperate and coordinate with other state agencies in the administration of the state fire code.

7. Establish a regularly scheduled fire safety inspection program for all state and county owned public buildings and all public and private school buildings wherever located throughout this state, except for private school buildings in cities with a population of one hundred thousand or more persons.

8. Inspect as necessary all other occupancies located throughout this state, except family dwellings having fewer than five residential dwelling units and occupancies located in cities with a population of one hundred thousand or more persons.

9. At the written request of county or municipal authorities, make and provide to them a written report of the examination made by the office of the state fire marshal of any fire within their jurisdiction.

10. Administer the arson detection reward fund established by section 37-1387.

B. Except as provided in subsection G of this section, all plans and specifications for new construction, remodeling, alterations and additions for state, county and public school buildings and grounds shall be submitted to the state forester for review and approval by the assistant director of the office of the state fire marshal or as authorized to a deputy fire marshal or an assistant fire inspector acting at the direction of the assistant director of the office of the state fire marshal before construction. The state forester shall adopt rules to implement a one-phase and a two-phase construction, remodeling, alteration or addition permit.  A person may choose to submit either a one-phase or a two-phase permit application.

C. For a one-phase permit application, within sixty days after receiving a valid permit application, the state forester shall make a final determination to approve or deny the permit application.  Construction may not commence until the plans have been approved and a permit has been issued or unless the state forester has not taken action on a permit application within sixty days after receiving a valid application.

D. For a two-phase application, within thirty days after receiving a valid permit application, the state forester shall review the plans and specifications and make an initial determination to approve or deny the permit. Within sixty days after a valid submission, the state forester shall make a final determination to approve or deny the permit application. Construction shall not commence beyond the constraints of phase one until the plans have been approved and a permit has been issued or unless the state forester has not taken action on phase two of a permit application within sixty days after receiving a valid application.

E. Under the authority and direction of the state forester, the assistant director of the office of state fire marshal or a deputy fire marshal or an assistant fire inspector acting at the direction of the assistant director of the office of the state fire marshal may:

1. Conduct or participate in investigations of causes, origins and circumstances of fires, including cases of possible arson.

2. Prescribe a uniform system of reporting fires and their causes and effects.

3. Provide and coordinate training in firefighting and fire prevention and cooperate with educational institutions to provide and further such training.

4. Impound necessary evidence in conjunction with investigations of causes, origins and circumstances of fires if that evidence might be lost, destroyed or otherwise altered if not impounded.

5. Employ specialized testing services to evaluate evidence and conditions involved in fire investigations.

6. Designate certain members of the office of the state fire marshal's staff or a deputy fire marshal or an assistant fire inspector as arson investigators.

F. The primary duty of investigators designated pursuant to subsection E, paragraph 6 of this section is the investigation, detection and apprehension of persons who have violated or are suspected of violating any provision of title 13, chapter 17. A person designated as an arson investigator, while engaged in arson investigation in this state, possesses and may exercise law enforcement powers of peace officers of this state. This subsection does not grant any powers of peace officers of this state to arson investigators other than those necessary for the investigation, detection and apprehension authority granted by this subsection. Any individual designated as an arson investigator shall have law enforcement training under section 41-1822.

G. A city or town may allow all plans and specifications for new construction, remodeling, alterations and additions for municipal or private buildings and grounds to be submitted to the city or town for review and approval by a person designated by the city or town as knowledgeable of the state fire code. If the city or town adopts a process to approve construction permits pursuant to this subsection, the plans and specifications shall be reviewed and approved or disapproved within sixty days after submission. Construction shall not commence until the plans and specifications have been approved and a permit has been issued.
A.R.S. § 37-1423 — Arizona Code / Title 37 / Chapter 9 / Article 6 / Section 1423
37-1423 Registration; renewal
Status: in_force

37-1423. Registration; renewal

A. At least thirty days before operation an owner or operator of a trampoline court must register with and submit to the state forester all of the following:

1. An application for registration on a form prescribed by the state forester and the fee prescribed by section 37-1422.

2. Proof of insurance as required by this article.

3. A copy of an inspection certificate that is issued by an insurer or an inspector with whom the insurer has contracted.

4. A copy of the owner's or operator's business license.

B. A registrant must renew its registration annually by submitting an application for renewal as prescribed by the state forester and the renewal fee prescribed by section 37-1422.
A.R.S. § 37-175 — Arizona Code / Title 37 / Chapter 1.2 / Article 1 / Section 175
37-175 Information; cost
Status: in_force

37-175. Information; cost

The division shall make information available to any person requesting such information at a uniform rate adequate to cover the cost of providing such information.
A.R.S. § 37-237 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 237
37-237 Notice required for sale of lands or lands and improvements; publication; electronic means
Status: in_force

37-237. Notice required for sale of lands or lands and improvements; publication; electronic means

Notice of sales of state lands shall be by advertisement, stating the time, place and terms of the sale and a full description of the land. The notice shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state capital, and in a newspaper of like circulation regularly published nearest the location of the lands to be sold. If the notice is for the sale of lands and improvements, the advertisement shall also state the appraised value of the improvements, the name of the owner thereof and the terms on which compensation therefor shall be made. If the department accepts bids through electronic means, the department shall include in the notice a link or other instructions to access the electronic means through which a person can offer bids during the public auction.
A.R.S. § 37-321 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 321
37-321 Permission required for person other than holder of certificate of purchase to make improvements; forfeiture for failure to obtain permission; report of improvements
Status: in_force

37-321. Permission required for person other than holder of certificate of purchase to make improvements; forfeiture for failure to obtain permission; report of improvements

A. Except as otherwise provided in section 37-323, if a lessee, a permittee or other person having a legal interest in state lands, other than a holder of a certificate of purchase, desires to construct or make improvements upon the lands, he shall first file with the department an application for permission to construct or make the improvements unless improvement authorization is contained within the terms of the lease. The application shall be allowed or rejected as the best interest of the state requires as determined by the department. Unless permission is granted by the department, the applicant shall not be entitled to reimbursement or compensation for improvements placed upon the state lands. Upon expiration or cancellation of the lessee's lease or permit, improvements placed on the land without approval shall be forfeited and become the property of the state.

B. The owner of improvements placed upon state lands by a lessee, a permittee or any other person having a legal interest in state lands shall prior to December 31, 1965, unless such time is extended by the department, report to the department in writing the description of the improvements, their location and the actual current cash value thereof. The improvements reported as provided by this subsection shall be allowed or rejected as the best interest of the state requires as determined by the department.

C. Improvements placed on state land granted to the territory of Arizona by the act of Congress approved January 27, 1894, or placed on land to which the state gains title by any determination, by a person who is not a lessee or permittee may be reported to the department after the person becomes a lessee or permittee. The improvements shall be allowed or rejected as the best interests of the state require, as determined by the department.

D. The department may, from time to time, but not more frequently than once a year, require from any lessee or permittee or the person having a legal interest in state lands information concerning the improvements. Failure to make the report shall, in the discretion of the department, subject the improvements to forfeiture to the state.
A.R.S. § 37-620.21 — Arizona Code / Title 37 / Chapter 2 / Article 19 / Section 620.21
37-620.21 Holistic resource management program
Status: in_force

37-620.21. Holistic resource management program

A. The state land commissioner may coordinate the development of a process of using holistic resource management planning methods to incorporate the critical habitat requirements of plant and animal species with the resource use requirements of this state. If developed, this planning process shall be used as a model for developing specific area plans and developing conservation agreements with the United States fish and wildlife service to alleviate the need for critical habitat designations in this state. In developing the planning process the commissioner may consult with:

1. Holistic resource management practitioners and experts.

2. Federal and state land and wildlife management agencies.

3. Natural resources commodity groups.

B. The commissioner may test the holistic resource management planning process developed under subsection A by developing a plan for at least two areas that are currently proposed as critical habitat for one or more species of concern. The commissioner may develop the plan in conjunction with:

1. Affected land owning and land management entities.

2. Lessees or permittees of land in the planning area.

3. Known land use groups in the planning area.

4. Natural resource conservation districts.

5. Environmental organizations that are incorporated under the laws of this state or that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.

C. If a test plan is developed, the commissioner and entities that are identified under subsection B shall select planning areas based on at least the following factors:

1. The planning area must be large enough in size to represent a management unit for purposes of logging, grazing, mining or other land use activities.

2. The planning area must contain proposed or designated critical habitat of the species of concern.

D. The state land department is the central repository for all holistic resource management plans that are developed pursuant to this section.
A.R.S. § 37-1151 — Arizona Code / Title 37 / Chapter 7 / Article 3 / Section 1151
37-1151 Petition to release public trust status
Status: in_force

37-1151. Petition to release public trust status

A. In responding to a petition filed by a record title owner or lessee pursuant to section 37-1128, subsection D, paragraph 1 the department shall consider the extent to which the property that has been confirmed to the state's ownership in a quiet title action, either because of its nature or because of changes, is no longer of material use for protecting public trust values. If the department concludes that the property is not of material use for protecting public trust values, the department shall consider the extent to which a release of the trust is appropriate in light of the public benefit to be derived from alternate uses, and the equitable interests or hardships of the record title holder or lessee, including each of the following:

1. The year in which the property was acquired by the record owner or lessee.

2. The entity or person from whom the property was acquired by the record owner or lessee.

3. The manner in which the record owner or lessee acquired the property.

4. The purchase price or lease terms paid by the record owner or lessee.

5. The amount of property taxes paid each year since the record owner or lessee acquired the property.

6. The profit or benefit derived from the property by the record owner.

7. The extent to which the record owner on the date of acquisition knew or should have known that the property was potentially trust land.

8. All improvements made to the property since the record owner or lessee acquired the property.

9. The public trust values identified by the commission pursuant to section 37-1128, subsection B.

10. Whether any improvements on the property impair, obstruct, promote or destroy the value of the watercourse for public trust values.

11. The existing uses of the property, its reasonable highest and best use and whether such uses impair, obstruct, promote or destroy the value of the watercourse for public trust values.

12. Whether the physical condition of the watercourse has materially changed since February 14, 1912 adversely affecting the watercourse's capability of being navigated, including changes due to construction of dams, reservoirs, dikes, levees, canals and ditches that were constructed for water conservation or flood control purposes by public entities, municipal corporations or the United States.

13. Any diminution in value to the record owner's or lessee's contiguous property caused by this state's ownership.

14. The degree of effect of continuation of the current use or any proposed change in use of the property on public trust values.

15. The impact of continuation of the current use or any proposed change in use of the property on the public trust values.

16. The impact of continuation of the current use or any proposed change in use of the property when examined cumulatively in conjunction with existing authorized impediments to full use of the public trust values.

17. The impact of continuation of the current use or any proposed change in use of the property on the public trust values if those values are considered with respect to the primary purpose to which the property is now suited.

18. The degree to which continuation of the current use or any proposed change in use requires that broad public uses be set aside in favor of more limited and private uses.

B. At least thirty days before issuing a decision that land may be released from the public trust under this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested written notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment.
A.R.S. § 37-710 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 710
37-710 Reservation of mineral rights in school lands sold
Status: in_force

37-710. Reservation of mineral rights in school lands sold

A. The additional grant of numbered school sections, mineral in character, made to the state by the act of Congress approved January 25, 1927 is accepted.

B. All sales, grants, deeds or patents for any lands so granted shall be subject to and contain a reservation to the state of all minerals in the lands so sold, granted, deeded or patented, together with the right to explore for, mine and remove them.
A.R.S. § 37-441 — Arizona Code / Title 37 / Chapter 2 / Article 9 / Section 441
37-441 Taking by state of state lands and improvements; reimbursement of owners for improvements; lease by department or institution
Status: in_force

37-441. Taking by state of state lands and improvements; reimbursement of owners for improvements; lease by department or institution

The state may, when necessary for its uses or for the uses of any state department or institution, take over any state lands and the improvements thereon by reimbursing the owners for the improvements, and the department or institution so using the lands shall lease them and pay such rental as the state land department requires.
A.R.S. § 37-610 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 610
37-610 Disposition of surplus floodplain lands
Status: in_force

37-610. Disposition of surplus floodplain lands

A. If the department manages surplus floodplain lands acquired from the department of emergency and military affairs, the commissioner may transfer the land to an appropriate political subdivision of this state if the land will be used for public parks and recreation facilities.

B. The commissioner shall evaluate each request pursuant to this section and, if the commissioner determines that a transfer would serve the best interest of this state and the public in the area in which the surplus land is located, the commissioner shall recommend to the state selection board that the transfer be approved.

C. If the state selection board approves the transfer, the department shall offer a patent transferring the surplus land to the political subdivision.  Any patent offered under this subsection shall require that the land immediately revert to this state if the land is not used for the public purpose for which it was conveyed.
A.R.S. § 37-240 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 240
37-240 Limitations on amount of land one person may purchase
Status: in_force

37-240. Limitations on amount of land one person may purchase

A. No person may purchase more than six hundred forty acres of grazing land, or more than one hundred sixty acres of agricultural land.

B. No sales, leases or subleases of state lands shall be made to corporations or associations not qualified to transact business in the state.
A.R.S. § 37-804 — Arizona Code / Title 37 / Chapter 4 / Article 1 / Section 804
37-804 Payment of outstanding taxes, penalties and interest on acquiring property
Status: in_force

37-804. Payment of outstanding taxes, penalties and interest on acquiring property

A. If this state or any agency or instrumentality of this state acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the entity acquiring the title to the property may require the owner of subject property to provide sufficient funds to pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest, prorated to reflect the area of the acquisition.

B. The lien for unpaid delinquent taxes, penalties and interest on property acquired by this state:

1. Is not abated, extinguished, discharged or merged in the title to the property.

2. Is enforceable in the same manner as other delinquent tax liens.
A.R.S. § 37-1381 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1381
37-1381 Office of the state fire marshal; purpose; assistant director; qualifications
Status: in_force

37-1381. Office of the state fire marshal; purpose; assistant director; qualifications

To promote public health and safety and to reduce hazards to life, limb and property, the office of the state fire marshal is established within the Arizona department of forestry and fire management. The office shall perform its duties by performing inspections and fire investigations, by providing public education and by adopting fire protection codes. The person appointed as assistant director of the office of the state fire marshal shall have extensive experience in the field of fire prevention and fire protection, including administrative experience in such a capacity.
A.R.S. § 37-314 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 314
37-314 Conveyance of title to trust lands suitable for conservation purposes
Status: in_force

37-314. Conveyance of title to trust lands suitable for conservation purposes

A. The commissioner may sell or otherwise transfer title to trust lands suitable for conservation purposes when it is in the best interest of the trust.

B. A sale of trust land under this section shall be:

1. At public auction.

2. Based on one independent appraisal and one independent review appraisal, both of which may be reviewed by the department, of the fair market value of the trust land that is being offered. The appraisal shall not take into consideration the conditions or covenants which may be imposed under subsection C of this section in order to reduce the appraised value.

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

C. The terms of the sale may include the condition that the conveyance of title is subject to a covenant that runs with the land and that the land shall be used only for purposes that are consistent with the conservation of specifically named resources or public values.

D. The commissioner shall include the applicable conditions under subsection C of this section in any public notices relating to the sale under this section.

E. If the trust land is sold subject to a lease and the lease is canceled or modified due to a sale of land under this section and the purchaser and the existing lessee cannot agree on compensation, the commissioner shall determine the amount of reasonable compensation for damages sustained by the existing lessee after considering the following factors:

1. The time remaining in the term of the lease at the time that the lease is canceled or modified.

2. The actual use of the leased land.

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

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

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

F. The purchaser shall make payments for reimbursement or compensation, or both, as established in this section to the existing lessee at the time of sale. This section does not prevent the payment for reimbursement or compensation, or both, from being made in installments if the existing lessee and purchaser agree to installment payments.

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

H. At the time of application the applicant shall post a bond pursuant to section 37-107. The bond is forfeit to this state if no bidder bids at the auction for the sale of the land.
A.R.S. § 37-412 — Arizona Code / Title 37 / Chapter 2 / Article 8 / Section 412
37-412 Limitation on claims; marking boundaries of claim; notice; recording of notice
Status: in_force

37-412. Limitation on claims; marking boundaries of claim; notice; recording of notice

A. A person shall not hold more than one claim of the classes referred to in section 37-411 at the same time.

B. The claimant shall distinctly mark the boundaries of his claim so that it can be readily traced, and shall accurately describe it in a written notice under oath. The notice shall refer to the laws of the United States under which claimant intends to acquire title to the claim, and shall disclose the time when the location was made, and that it does not contain more than the maximum number of acres allowed by such laws.

C. The notice shall be recorded in the office of the county recorder wherein the lands are situated.
A.R.S. § 37-603 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 603
37-603 Method of exchange; appraisal
Status: in_force

37-603. Method of exchange; appraisal

The exchange shall be conducted without formalities, advertisements for bids or considerations of other offers by other persons, but the value of the respective parcels of land being so exchanged shall be substantially the same as determined by an appraisal to be made by a qualified appraiser to be appointed by the governing body of the county, city, town, or school district having control of the land to be exchanged, provided that in the event the value of the respective parcels of land are not substantially equal, the exchange may be made on payment by the governing body, owning the less valuable parcel of land, to the other governing body of an amount in cash substantially the same as the difference in value of the parcels of land.
A.R.S. § 37-133 — Arizona Code / Title 37 / Chapter 1 / Article 2 / Section 133
37-133 Decisions of commissioner; filing; notice to persons in interest
Status: in_force

37-133. Decisions of commissioner; filing; notice to persons in interest

A. Decisions rendered by the commissioner pursuant to the powers and duties conferred upon him by law, whether relating to the administration of state lands or other departments or agencies of state under his jurisdiction, shall be in writing and filed of record in his office.

B. Notice of the decisions shall be given by the commissioner to any person in interest of record in the department by notifying the person in interest by certified mail, return receipt requested, addressed to the last known post office address of record in the department.

C. If no appeal is taken by any person in interest as provided in title 41, chapter 6, article 10, the decision of the commissioner shall be final and conclusive.
A.R.S. § 37-1123 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1123
37-1123 Receiving and compiling evidence and records
Status: in_force

37-1123. Receiving and compiling evidence and records

A. The commission shall receive, review and consider all relevant historical and other evidence presented to the commission by the state land department and by other persons regarding the navigability or nonnavigability of watercourses in this state as of February 14, 1912, together with associated public trust values, except for evidence with respect to the Colorado river, and, after public hearings conducted pursuant to section 37-1126:

1. Based only on evidence of navigability or nonnavigability, determine which watercourses were not navigable as of February 14, 1912.

2. Based only on evidence of navigability or nonnavigability, determine which watercourses were navigable as of February 14, 1912.

3. In a separate, subsequent proceeding pursuant to section 37-1128, subsection B, consider evidence of public trust values and then identify and make a public report of any public trust values that are now associated with the navigable watercourses.

B. Before receiving, reviewing or considering any evidence pursuant to subsection A of this section for a particular watercourse, the commission shall publish notice once each week for three consecutive weeks in a newspaper of general circulation in each county in which the watercourse is located.  The notice shall include:

1. A statement of the intent to receive, review and consider evidence.

2. An address to which interested parties may submit evidence for the commission's review.

3. A date by which evidence must be submitted.

4. A general description of the procedures the commission will use to review the evidence.

C. Private citizens, clubs, organizations, corporations, partnerships, unincorporated associations, municipal corporations and public entities may present evidence to the commission at a hearing according to commission rules. The submission of evidence by any party pursuant to the commission's notice under subsection B of this section does not preclude that party from submitting additional evidence at any hearing before the commission.

D. The state land department shall consult and coordinate its efforts to gather evidence of navigability and public trust values with the department of water resources, the game and fish department, the state parks board and other interested persons and public and private entities.  The commission shall consider the information that those persons and entities have compiled regarding the navigability of watercourses.

E. After public notice, the commission shall set priorities for investigating and conduct hearings on the navigability of the watercourses in this state. In setting the priorities, the commission shall consider:

1. The number and value of parcels of real property that are affected by a state claim of sovereign ownership to the bed of the watercourse.

2. The degree of hardship to private parties and political subdivisions due to title uncertainties relating to the bed of the watercourse.

3. The significance of the public trust values associated with the watercourse and the degree to which those values are threatened.

4. The potential viability of this state's sovereign claims to the watercourse, giving higher priority consideration to more viable claims.

F. A person who is aggrieved by the undetermined navigability status of a watercourse may petition the commission to modify the priority set under subsection E of this section and grant expedited consideration for a particular watercourse. The commission shall grant the petition if justified by the factors listed in subsection E of this section.

G. No judicial action seeking a determination of navigability of a watercourse, to establish or obtain ownership of land within the bed and banks of a watercourse or to determine any public trust values associated with a watercourse may be commenced, continued or completed unless the commission has made a final determination with respect to the watercourse pursuant to section 37-1128. This subsection does not preclude the department from seeking a temporary restraining order or injunctive relief at any time to prevent loss or damage to public trust resources.

H. Notwithstanding subsection G of this section, any condemnation action by this state or a political subdivision of this state may proceed to trial and conclusion, including the payment of compensation, regardless of the potential claim of title by this state based on the navigability of the watercourse.  In any action commenced or continued pursuant to this subsection, the court shall not consider or decide the navigability of the watercourse.  Any judgment in any action commenced or continued pursuant to this subsection shall be subject to a potential claim of title by this state based on the navigability of the watercourse.
A.R.S. § 37-703 — Arizona Code / Title 37 / Chapter 3 / Article 1 / Section 703
37-703 Processing of proposal by land department; processing by director of water resources; approval or disapproval of application
Status: in_force

37-703. Processing of proposal by land department; processing by director of water resources; approval or disapproval of application

A. The state land department shall determine:

1. Whether the land applied for can be reclaimed by means of the proposed irrigation project.

2. Whether according to records of the department of water resources there are sufficient water rights vested in the applicant, or sufficient unappropriated water in the source of supply.

3. Whether the capacity of the project is adequate.

4. Whether the proposed cost of construction is reasonable, and the lands proposed to be irrigated are desert in character and may properly be set apart.

B. The application for selection of lands shall then be submitted to the director of water resources who shall make a written report and make recommendations upon the application to the land department. The director of water resources shall make a survey or examination to provide an accurate report if requested by the department to do so.

C. If the application is approved, the state land department shall file in the local land office a request for withdrawal from entry of the land described in the application. If disapproved, the parties shall be notified and given reasons for the disapproval. The parties shall have sixty days in which to submit another proposal, or further time if allowed by the department.
A.R.S. § 37-331 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 331
37-331 Definitions
Status: in_force

37-331. Definitions

In this article, unless the context otherwise requires:

1. "Conservation" has the same meaning prescribed in section 37-311.

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

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

(b) An existing lessee who continues to lease urban lands following classification as urban lands suitable for urban planning.

(c) A person who leases urban lands following classification as urban lands suitable for urban planning.

3. "Local planning authorities" means any city, town or county in which urban lands suitable for urban planning are located. When urban lands that are located in an unincorporated area of a county are designated as urban lands suitable for urban planning, a city or town whose corporate boundaries are three miles or less from these lands shall be considered to be a local planning authority, together with the governing body of the county in whose jurisdiction the lands are located.

4. "Planning contractor" means the person or persons who contract with the department to formulate a development or secondary plan for urban lands suitable for urban planning.

5. "State general plan" means a policy document that addresses appropriate uses for state lands, provides a general basis for a development plan and makes policy statements related to the use and management of state lands.
A.R.S. § 37-322.04 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 322.04
37-322.04 Accounting for improvements which become property of state
Status: in_force

37-322.04. Accounting for improvements which become property of state

When improvements on state lands become the property of the state, they shall be deemed to belong to the fund for the purpose of which the land was granted. Any monies subsequently received for the improvements shall be deposited in the fund in which the monies received from the sale or lease of the land are deposited. When any money has been paid from the general fund for the improvements such improvements shall not be deemed to belong to any special fund, and if the land is subsequently sold or leased, the purchaser or lessee shall reimburse the state for the improvements, and the amount paid from the general fund for the improvements shall be returned to that fund. Any surplus remaining after reimbursing the fund shall belong to the fund for the purpose for which the lands were granted.
A.R.S. § 37-286 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 286
37-286 Execution of leases by land department; covenants; assignment of lease by lessee
Status: in_force

37-286. Execution of leases by land department; covenants; assignment of lease by lessee

A. Leases shall be signed by the commissioner and sealed with the seal of the state land department, and shall contain covenants that the lessee will not permit any loss, cause any waste in or upon the land, or cut, waste or allow to be cut or wasted, any timber or standing trees thereon without written consent of the department, except for fuel for domestic uses, or for necessary improvements on the land, and that the lessee will surrender peaceable possession of the lands at the expiration of the lease. Nothing in this section shall be construed to permit the cutting of saw timber for any purpose without the written consent of the department.

B. A lessee of state lands who is not in default in rent, and who has kept and performed all the conditions of his lease, may, with the written consent of the department, assign the lease, but a lessee who assigns a holding lease shall pay to the department one-half of the consideration received for the assignment.
A.R.S. § 37-215 — Arizona Code / Title 37 / Chapter 2 / Article 2 / Section 215
37-215 Appeal from decision of commissioner or board of appeals
Status: in_force

37-215. Appeal from decision of commissioner or board of appeals

A. An appeal from a final decision of the state land commissioner relating to classification or appraisal of lands or improvements may be taken to the board of appeals by any person adversely affected by the decision. Appeals shall be taken by giving notice in writing to the commissioner within thirty days from the date notice of the decision is mailed to the last known post office address of the appellant by the commissioner.

B. As a condition for filing an appeal of an order regarding an appraisal conducted under section 37-285 or a reappraisal required by the terms of a lease, the appellant, with the notice of appeal, shall pay to the department all amounts of the billed rental during the pendency of the appeal.  The disputed amount shall be held by the state treasurer in an impound fund to be invested subject to the final disposition of the appeal, and the undisputed amount shall be credited to the appropriate trust.  If the appellant fails to pay any amount before the deadline for filing notice of the appeal and fails to provide proof of payment of the amount with the notice of appeal, any notice of appeal to the board of appeals or to superior court shall not be accepted for filing and the decision of the commissioner is final.  If billed rental becomes due during the pendency of an appeal and is not paid on or before the due date, the appeal shall be dismissed and the decision of the commissioner is final.  If the commissioner's decision is upheld on final disposition of the appeal, the monies in the impound fund, with interest, shall be paid to the appropriate trust.  If the commissioner's decision is not upheld on final disposition of the appeal, the monies in the impound fund, with interest, shall be credited first to the accrued rent determined to be due and the remainder shall be paid to the appellant.

C. The board of appeals, within one hundred twenty days from the date of the notice of appeal, shall conduct a hearing in the county in which the major portion of the land involved in the appeal is located, unless otherwise stipulated by the parties to the appeal.  The board shall render its decision upon the hearing within sixty days from the date of the hearing unless the parties to the appeal otherwise stipulate.  The board shall make its findings and decision in writing and shall furnish a copy to all parties to the appeal.  A majority of a quorum of the board may render the decision.

D. All records of the board of appeals shall be kept in the offices of the state land department.  The department shall provide clerical assistants to the board as necessary to perform its duties.

E. Except as provided in section 41-1092.08, subsection H, the commissioner or any person adversely affected by a final decision of the board of appeals may seek judicial review pursuant to title 12, chapter 7, article 6.

F. Any person adversely affected by a final decision of the commissioner not relating to the classification or appraisal of lands or improvements is entitled to a hearing pursuant to title 41, chapter 6, article 10.

G. If no appeal is taken, the decision of the commissioner or the board of appeals, as the case may be, is final and conclusive.
A.R.S. § 37-255 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 255
37-255 Sale of or mortgage or other lien on interest of lessee or holder of certificate of purchase
Status: in_force

37-255. Sale of or mortgage or other lien on interest of lessee or holder of certificate of purchase

A. The interest of the holder of any certificate of purchase of state land, or any lease or permit on state land, shall be subject to sale, mortgage or other lien to the same extent as patented land, without prejudice to the state.  A contract of sale, mortgage or other lien affecting any certificate of purchase, lease or permit on state land shall not become effective unless a copy of the document is filed with the state land department.  When filed, no assignment of the certificate of purchase, lease or permit affected shall be made without notice to and the consent of all parties.

B. Upon foreclosure of a contract of sale, mortgage or other lien filed with the department as provided in subsection A of this section, the department shall assign the instrument in question to the party entitled to the instrument, if all taxes, rent and assessment payments are current.

C. If a cancellation or assignment order is issued pursuant to section 37-247, 37-281.04 or 37-289, the cancellation or assignment order shall not become final until any foreclosure action by a party registered with the department as a mortgagee or other lienholder of the purchaser's interest or the lessee's interest is finally resolved, if the mortgagee or lienholder does both of the following:

1. Within thirty days of the date of issuance of a notice of default, files written notice with the department of its intent to proceed with a foreclosure action.

2. Within one hundred twenty days of the date of issuance of a notice of default, has commenced either a foreclosure action in court or a nonjudicial foreclosure of a deed of trust, and has provided the department with a certified copy of the complaint or other document that officially commences the foreclosure process, and thereafter prosecutes the foreclosure with reasonable diligence.

D. If a default notice has been sent to a purchaser pursuant to section 37-247, subsection A or to a lessee pursuant to section 37-289, subsection A, and the purchaser or lessee thereafter applies to assign the certificate of purchase or lease to a mortgagee or lienholder registered with the department, before the date a cancellation or assignment order becomes final and conclusive, the department shall approve the assignment if all taxes, purchase payments, rent and assessment payments are current and subject to the written consent of any other mortgagees or lienholders of record.

E. On proof that a lessee or purchaser has rejected a lease or certificate of purchase in a bankruptcy proceeding, the department shall issue a lease or certificate of purchase to the registered mortgagee or other lienholder in order of priority on application by the mortgagee or other lienholder within thirty days after the rejection if all taxes, purchase payments, rent and assessment payments are current.  Any lease or certificate of purchase that is issued pursuant to this subsection shall be for the remaining term and on the same conditions and priority as the rejected lease or certificate of purchase.
A.R.S. § 37-1101 — Arizona Code / Title 37 / Chapter 7 / Article 1 / Section 1101
37-1101 Definitions
Status: in_force

37-1101. Definitions

In this chapter, unless the context otherwise requires:

1. "Arizona navigable stream adjudication commission" or "commission" means the Arizona navigable stream adjudication commission established by section 37-1121.

2. "Bed" means the land lying between the ordinary high watermarks of a watercourse.

3. "Highway for commerce" means a corridor or conduit within which the exchange of goods, commodities or property or the transportation of persons may be conducted.

4. "Man-made water conveyance system" means:

(a) An irrigation or drainage canal, lateral canal, ditch or flume.

(b) A municipal, industrial, domestic, irrigation or drainage water system, including dams, reservoirs and diversion facilities.

(c) A channel or dike that is designed, dedicated and constructed solely for flood control purposes.

(d) A hydropower inlet and discharge facility.

(e) A canal, lateral canal, ditch or channel for transporting central Arizona project water.

5. "Navigable" or "navigable watercourse" means a watercourse that was in existence on February 14, 1912, and at that time was used or was susceptible to being used, in its ordinary and natural condition, as a highway for commerce, over which trade and travel were or could have been conducted in the customary modes of trade and travel on water.

6.  "Ordinary high watermark" means the line on the banks of a watercourse established by fluctuations of water and indicated by physical characteristics, such as a clear natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation or the presence of litter and debris, or by other appropriate means that consider the characteristics of the surrounding areas. Ordinary high watermark does not mean the line reached by unusual floods.

7. "Public entity" means the United States and its agents, this state, a county, city or town, a county flood control district or any other entity established under title 48.

8. "Public trust land" means the portion of the bed of a watercourse that is located in this state and that is determined to have been a navigable watercourse as of February 14, 1912. Public trust land does not include land held by this state pursuant to any other trust.

9. "Public trust purposes" or "public trust values" means commerce, navigation and fishing.

10. "Riparian area" means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water or effluent transportation, distribution, off-stream storage and collection systems.

11. "Watercourse" means the main body or a portion or reach of any lake, river, creek, stream, wash, arroyo, channel or other body of water. Watercourse does not include a man-made water conveyance system described in paragraph 4 of this section, except to the extent that the system encompasses lands that were part of a natural watercourse as of February 14, 1912.
A.R.S. § 37-741 — Arizona Code / Title 37 / Chapter 3 / Article 3 / Section 741
37-741 Public roads and public education fund; purposes; approval of expenditures by legislature; distribution
Status: in_force

37-741. Public roads and public education fund; purposes; approval of expenditures by legislature; distribution

A. There is created a special fund known as the state public roads and public education fund. There shall be deposited in the fund 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 February 25, 1920, chapter 85 (41 Stat. 437) and acts amendatory thereof, entitled, "an act to promote the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain".

B. No monies shall be expended from the fund created by subsection A of this section without prior approval therefor by an act of the legislature. The legislature may authorize expenditures from the fund for any of the following purposes:

1. The construction and maintenance of public roads.

2. The support of public schools or other public educational institutions.

C. At the beginning of each fiscal year, one-half of the balance in the state public roads and public education fund shall be transferred to the state highway fund to be expended for secondary roads and one-half shall be transferred to the permanent state school fund and shall be administered as provided by section 37-521.
A.R.S. § 37-901 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 901
37-901 Definitions
Status: in_force

37-901. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the public lands board of review.

2. "Public lands" means all lands within the exterior boundaries of this state except lands:

(a) To which title is held by any natural person, corporation, company, partnership, firm, association, society or any other entity.

(b) Which are owned or held in trust by this state or any political subdivision of this state, including leased school or university land.

(c) Lands which are located within and meet the standards and purposes of congressionally authorized national parks, monuments, national forests and wildlife refuges and such other lands acquired by purchase, exchange, gift or eminent domain consented to by the legislature.

(d) Which are controlled by the United States department of defense, department of energy or bureau of reclamation and which were acquired by consent of the legislature and which meet the standards and purposes for which control was authorized.

(e) Which are held in trust for Indian purposes or which are Indian reservations.
A.R.S. § 37-260 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 260
37-260 Selling and administrative expenses
Status: in_force

37-260. Selling and administrative expenses

Any application and any payment made to this state pursuant to sections 37-257 and 37-258 shall be exempt from the provisions of section 37-107.  If the commissioner determines that an appraisal is required on the improvements, the purchaser of the land shall pay the actual cost of such appraisal.
A.R.S. § 37-1426 — Arizona Code / Title 37 / Chapter 9 / Article 6 / Section 1426
37-1426 Trampoline court regulation; state preemption
Status: in_force

37-1426. Trampoline court regulation; state preemption

The regulation of trampoline courts is of statewide concern. The regulation of trampoline courts pursuant to this article is not subject to further regulation by a county, city, town or other political subdivision of this state.
A.R.S. § 37-1404 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1404
37-1404 Markings; requirements; office of the state fire marshal approval
Status: in_force

37-1404. Markings; requirements; office of the state fire marshal approval

(Conditionally Rpld.)

A. A manufacturer shall mark cigarettes that are certified pursuant to section 37-1403 to indicate compliance with section 37-1402.  The marking shall be in at least eight-point type and shall consist of either:

1. Modification of the product UPC code to include a visible mark printed at or around the area of the UPC code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed or printed in conjunction with the UPC code.

2. Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed on the cigarette package or cellophane wrap.

3. Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this section.

B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including packs, cartons and cases, and brands marketed by that manufacturer.

C. Before the certification of any cigarette, a manufacturer shall present its proposed marking to the office of the state fire marshal for approval. Proposed markings are deemed approved if the office of the state fire marshal fails to act within ten business days after receiving a request for approval. On receipt of the request, the office of the state fire marshal shall approve or disapprove the marking offered, except that the office of the state fire marshal shall approve either of the following:

1. Any marking in use and approved for sale in New York state pursuant to the New York fire safety standards for cigarettes in section 156-c of the New York executive law and part 429 of title 19 of the New York Code of Rules and Regulations.

2. The letters "FSC", which signify fire standards compliant, appearing in eight-point type or larger and are permanently printed, stamped, engraved or embossed on the package at or near the UPC code.

D. A manufacturer shall not modify its approved marking unless the modification has been approved by the office of the state fire marshal pursuant to this section.

E. Manufacturers certifying cigarettes pursuant to section 37-1403 shall provide a copy of the certifications to all wholesalers and agents to whom they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each retailer to whom the wholesalers or agents sell cigarettes. Wholesalers and agents shall provide a copy of these package markings received from manufacturers to all retailers to whom they sell cigarettes. Wholesalers, agents and retailers shall permit the office of the state fire marshal, the department of revenue or the attorney general, or their employees, to inspect markings of cigarette packaging marked pursuant to this section.
A.R.S. § 37-442 — Arizona Code / Title 37 / Chapter 2 / Article 9 / Section 442
37-442 Application by department or institution to take over state lands; approval by governor; compensation of lessee for improvements and damages resulting from termination
Status: in_force

37-442. Application by department or institution to take over state lands; approval by governor; compensation of lessee for improvements and damages resulting from termination

A. The governing board or officer of a state department or institution desiring to avail itself of the provisions of this article shall make application to the governor for taking the lands over, and, if the application is approved by the governor, it shall be transmitted to the state land department which shall appraise the improvements on the lands.

B. The existence of a permit or lease for the land desired shall not bar the state from taking the land, but the permittee or lessee shall be entitled, in addition to the appraised value of the improvements on the lands, to reasonable compensation for damages he may sustain by reason of the cancellation of the permit or lease prior to its termination. Such damages shall be determined as a part of the appraisal.

C. Upon surrender of the lands to the state, the owner of the improvements shall be paid in the manner provided by law the appraised value thereof and the amount of the damages. The owner of the improvements shall prior to payment file his claim, and certify that the possession of the lands and improvements has been surrendered to the state by all persons having lawful claims thereon.
A.R.S. § 37-1408 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1408
37-1408 Sale outside of state
Status: in_force

37-1408. Sale outside of state

(Conditionally Rpld.)

This article does not prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 37-1402 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside of the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons in this state.
A.R.S. § 37-372 — Arizona Code / Title 37 / Chapter 2 / Article 7 / Section 372
37-372 Payments to local governments with respect to acquired entitlement lands
Status: in_force

37-372. Payments to local governments with respect to acquired entitlement lands

A. Each fiscal year the commissioner shall pay to each county in which acquired entitlement land is located a payment from monies appropriated and available for such purpose in an amount determined under this section to be used by the county for any official purpose.

B. Subject to subsections C, D and E, the amount of the payment is equal to seventy-five cents for each acre of acquired entitlement land located in the county.

C. The amount of the annual payment shall be reduced by seventy-five cents for each acre of acquired entitlement land which has been patented by the state to private ownership.

D. If the legislature appropriates insufficient monies to make the full payment determined under this section for a fiscal year, the commissioner shall proportionately reduce the payments to all counties under this section according to the amount appropriated.

E. Payments described in this section shall be made only in those years in which the federal government provides funds under title 31 United States Code chapter 69.
A.R.S. § 37-1124 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1124
37-1124 Compiling evidence and records by department
Status: in_force

37-1124. Compiling evidence and records by department

A. Beginning on or about the date that the commission establishes priorities pursuant to section 37-1123, subsection E, but in no event later than January 2, 1993, the department shall begin the necessary investigation and inquiries to assemble the evidence relevant to finding navigability with respect to those watercourses given the highest priority by the commission. The department shall continue the investigations and inquiries as resources permit, in the order of priority set by the commission.

B. After collecting and documenting all reasonably available evidence regarding the condition and usage of a watercourse as of February 14, 1912, the present uses of the underlying land and the public trust values associated with the watercourse, if any, the department shall promptly transmit all of the evidence to the commission.

C. The department shall maintain a permanent record of the material assembled and transmitted to the commission.
A.R.S. § 37-524 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 524
37-524 Agricultural and mechanical colleges land fund and school of mines land fund; composition; use
Status: in_force

37-524. Agricultural and mechanical colleges land fund and school of mines land fund; composition; use

A. After any appropriation pursuant to section 37-527, the agricultural and mechanical colleges land fund, and the school of mines land fund, shall separately consist of the proceeds of:

1. All lands granted to the state by the United States for the respective purposes named.

2. All property donated by individuals for like purposes, unless the terms of the donation otherwise provide.

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

B. The funds provided for in this section shall be and remain perpetual funds for the benefit and support of the agricultural and mechanical colleges and the schools of mines at the universities and distributions from the funds pursuant to article X, section 7, Constitution of Arizona together with the money 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. § 37-212 — Arizona Code / Title 37 / Chapter 2 / Article 2 / Section 212
37-212 Classification of lands selected; reclassification
Status: in_force

37-212. Classification of lands selected; reclassification

A. The commissioner shall promptly classify all lands selected as provided in article 1 of this chapter.

B. In classifying state lands, the commissioner shall maintain in the offices of the department plats, maps or books containing the description of lands and disclosing:

1. Lands suitable for agricultural purposes.

2. Lands suitable for grazing purposes.

3. Lands suitable for homesite purposes.

4. Lands suitable for commercial purposes.

5. Lands within the boundaries of any school district which may, within the discretion of the governing board of the applicable school district within which the lands are located and within the discretion of the commissioner, become adaptable to public educational purposes, provided such lands shall not exceed sixty acres for school buildings and grounds.

6. Lands suitable for exchange.

7. Urban lands suitable for urban planning.

8. Urban lands consistent with a development or secondary plan.

9. Lands suitable for multipurpose use.

10. Trust lands suitable for conservation purposes pursuant to article 4.2 of this chapter.

C. The commissioner may reclassify lands if the commissioner determines that reclassification is in the best interest of the trust and of the state.

D. Classification of urban lands as suitable for urban planning or for self-contained community site planning shall not cause an existing lease to be terminated under section 37-290, and such classification shall be accomplished pursuant to the requirements of article 5.1 of this chapter.

E. Classification of trust lands suitable for conservation pursuant to subsection B, paragraph 10 of this section shall be accomplished pursuant to article 4.2 of this chapter and shall not cause an existing lease to be impaired or canceled under section 37-290.
A.R.S. § 37-1129 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1129
37-1129 Judicial review
Status: in_force

37-1129. Judicial review

A.  Beginning on the date the commission issues a determination under section 37-1128, subsection A and continuing through ninety days after the department issues a notice under either section 37-1128, subsection D, paragraph 1 or 2, the state land commissioner or any person who is aggrieved by the commission’s determination may seek judicial review in superior court in the county in which all or part of the watercourse that is directly affected by the determination is located.

B.  Except as otherwise provided in this chapter, judicial review shall be conducted pursuant to title 12, chapter 7, article 6.

C.  If separate actions are filed under this section with respect to the same watercourse or adjacent or proximate watercourses, on motion by any party to any such action or on its own initiative, the court may:

1.  Order a joint hearing or trial of any matter in the actions.

2.  Order all of the actions pending in any court to be consolidated.

3.  Issue such orders concerning proceedings in the actions as may tend to avoid unnecessary costs or delay or as may be necessary to avoid inconsistent results.
A.R.S. § 37-287 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 287
37-287 Reservation of rights in state land leases
Status: in_force

37-287. Reservation of rights in state land leases

A. Unless the rights and interests described in this section are specifically included in a particular lease, all leases of state lands shall expressly except and reserve to the state:

1. All oils, gases, geothermal resources, coal, ores, minerals, fertilizer and fossils of every kind, which may be in or upon the land leased.

2. Any legal claim existing or which may be established under the mineral land laws of the United States or the state.

3. The right to enter upon the land for the purpose of exploring for those commodities or extracting any or all of such commodities from the land.

4. The right to relinquish to the United States lands needed for irrigation works in connection with a government reclamation project, and to grant or dispose of rights-of-way and sites for canals, reservoirs, dams, power or irrigating plants or works, railroads, tramways, transmission lines or any other purpose or use on or over the land.

B. The reservations of rights required in subsection A do not apply to existing or future leases under article 5.1 of this chapter, except as required by the state constitution, the enabling act or the commissioner acting in the best interests of the state lands.

C. If the state reserves the rights described in subsection A, the lease shall provide for reasonable compensation to the lessee for any damage resulting from the exercise of those rights.
A.R.S. § 37-1425 — Arizona Code / Title 37 / Chapter 9 / Article 6 / Section 1425
37-1425 Enforcement
Status: in_force

37-1425. Enforcement

A. The state forester may determine compliance with this article, prohibit the operation of any trampoline court that is not in compliance with this article and institute an action in a court of competent jurisdiction to enforce this article.

B. On request, the owner or operator of a trampoline court shall provide the registration certificate, inspection certificate that is issued by an insurer or an inspector with whom the insurer has contracted and insurance certificate to the state forester. A copy of the documents may be provided instead of originals.
A.R.S. § 37-620.01 — Arizona Code / Title 37 / Chapter 2 / Article 17 / Section 620.01
37-620.01 Concurrent jurisdiction over veterans administration properties; acceptance
Status: in_force

37-620.01. Concurrent jurisdiction over veterans administration properties; acceptance

A. If the administrator of the veterans administration of the United States desires, on behalf of the United States, to relinquish to this state any legislative jurisdiction over lands or interests in lands under the administrator's supervision or control in order to establish concurrent jurisdiction between the United States and this state pursuant to title 38, section 1004(g) or 5007, United States code, the administrator may file with the governor a written notice to that effect. The notice shall state the nature and extent of such jurisdiction to be relinquished to the state by specifying the subjects upon which the state may legislate and the lands or interests in lands affected.

B. This state may accept such jurisdiction upon the governor's signing a joint resolution adopted by the legislature. The joint resolution shall state the nature and extent of the jurisdiction to be accepted by this state by specifying the subjects upon which the state may legislate and the lands or interests in lands affected.
A.R.S. § 37-371 — Arizona Code / Title 37 / Chapter 2 / Article 7 / Section 371
37-371 Definition of acquired entitlement land
Status: in_force

37-371. Definition of acquired entitlement land

In this article, unless the context otherwise requires, "acquired entitlement land" means land which this state acquired from the United States after December 31, 1985 and at the time it was acquired it was entitlement land under title 31 United States Code chapter 69 and the acquisition by the state resulted in a reduction of payments to the county under title 31 United States Code chapter 69.
A.R.S. § 37-283 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 283
37-283 Subleases by grazing lessee; limitation upon grazing use; sublease surcharge
Status: in_force

37-283. Subleases by grazing lessee; limitation upon grazing use; sublease surcharge

A. A grazing lessee shall not sublease his lease or sell or lease pasturage to lands included in his lease, without written permission from the state land department. A grazing lessee, his sublessee or users under pasturage agreement shall not graze, without written permission of the department, in excess of the carrying capacity as previously determined by the department, upon state lands under lease or being used by such persons, within the exterior boundaries of any one ranch unit or units in the same general locality jointly operated. If permission is granted for such excess, the department shall assess and collect the rental for the excess on the rental basis provided for in this article.

B. In addition to the annual rental on grazing lands established pursuant to section 37-285, grazing subleases are subject to a surcharge that is equal to twenty-five per cent of the annual rental on grazing land, multiplied by the number of animal unit months to be grazed on the subleased state trust land. The surcharge shall be assessed only for that period of time the state trust land is subleased. The surcharge shall be paid to the department when the annual rental is due, or upon receiving department permission to sublease if the sublease is approved after the annual rental is due.
A.R.S. § 37-281.04 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 281.04
37-281.04 Default of lease of state land; assignment to cities and towns
Status: in_force

37-281.04. Default of lease of state land; assignment to cities and towns

A. If a default of a lease of state land made pursuant to this article occurs during the first year of the lease agreement or within four years of the first anniversary date determined by the lease agreement, the lease may be assigned to a city or town by the commissioner pursuant to this section if the following conditions are met:

1. The state land is located either entirely within or adjacent to the city or town.

2. No portion of the state land is contained within any other city or town.

3. The city or town consents to be bound by all of the terms and conditions of the lease.

4. The commissioner determines that the assignment of the lease to the city or town is in the best interest of the state land trust.

B. If a notice of default has been sent to the lessee and the lessee's registered mortgagees or lienholders and the default has not been cured in accordance with the procedures and time periods in section 37-289, the commissioner, on written request of a city or town, may assign the lease to the city or town without the consent of the defaulting lessee if the city or town cures any outstanding default.  An assignment made pursuant to this subsection is an alternative to cancellation of the lease as provided in section 37-289, subsection B.  If the commissioner grants the written request of the city or town for assignment as provided in this subsection, the commissioner shall make a formal order assigning the lease to the city or town, and a copy of the order shall be mailed to the last known post office address of the defaulting lessee and the defaulting lessee's registered mortgagees and lienholders. The defaulting lessee shall be permitted to remove the defaulting lessee's improvements, if any, at any time within sixty days after the date of assignment.

C. The defaulting lessee and the defaulting lessee's registered mortgagees and lienholders may appeal an assignment order pursuant to title 12, chapter 7, article 6. If no appeal is made within the prescribed time or if no notice is filed with the department pursuant to section 37-255, subsection C, the order becomes final and the assignment shall be shown on the records of the department.

D. Nothing in this section authorizes a city, town, person or legal entity that has rights under this section to claim, represent, assert or imply any ownership interest or right of leasehold interest, present or future, in any negotiations with a state or federal agency without the consent of the private lessee before having been granted an assignment of a lease pursuant to subsection C of this section.
A.R.S. § 37-1201 — Arizona Code / Title 37 / Chapter 8 / Article 1 / Section 1201
37-1201 Declaration of policy
Status: in_force

37-1201. Declaration of policy

It is declared the policy of the legislature to promote the preservation of military airports in this state by facilitating the conservation of open space around military airports, and thereby to protect and enhance the irreplaceable economic benefit that military airports directly and indirectly contribute to the communities and citizens of this state.
A.R.S. § 37-481 — Arizona Code / Title 37 / Chapter 2 / Article 11 / Section 481
37-481 Conservation and administration of products of state lands
Status: in_force

37-481. Conservation and administration of products of state lands

The state land department shall conserve, sell or otherwise administer the timber products, stone, gravel and other products and property upon lands belonging to the state under rules not in conflict with the enabling act and the constitution.
A.R.S. § 37-522 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 522
37-522 Universities land fund; composition; use
Status: in_force

37-522. Universities land fund; composition; use

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

1. The proceeds of all lands granted to the state by the United States for university purposes.

2. All property donated by individuals for university purposes, unless the terms of the donation otherwise provide.

3. The sale of timber, mineral, gravel or other natural products or property from lands granted or given for university purposes.

B. The fund is and shall remain a perpetual fund for the benefit and support of the universities of this state and distributions from the fund pursuant to article X, section 7, Constitution of Arizona together with the monies derived from the sales of timber or timber products and 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. § 37-1128 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1128
37-1128 Determination of navigability
Status: in_force

37-1128. Determination of navigability

A. After the commission completes the public hearing with respect to a watercourse, the commission shall again review all available evidence and render its determination as to whether the particular watercourse was navigable as of February 14, 1912.  If the preponderance of the evidence establishes that the watercourse was navigable, the commission shall issue its determination confirming that the watercourse was navigable.  If the preponderance of the evidence fails to establish that the watercourse was navigable, the commission shall issue its determination confirming that the watercourse was nonnavigable.

B. With respect to those watercourses that the commission determines were navigable, the commission shall, in a separate, subsequent proceeding, identify and make a public report of any public trust values associated with the navigable watercourse.

C. The commission shall make its determinations under subsections A and B of this section in writing with sufficient documentation and detail to confirm the rationale and basis for the determination.  The determinations constitute final administrative determinations and are not subject to title 41, chapter 6, article 10.

D. The commission shall immediately notify the department of any watercourse that it determines to be navigable or nonnavigable under subsection A of this section.  Within one hundred eighty days after receiving notice that a watercourse is:

1. Navigable, the department shall send notice of that determination to each record owner of, and each person or entity that has an interest of record in, any property that may be affected by the determination and to each person or entity that has requested notification of any determination of navigability.  The department shall include a statement of whether the department intends to seek judicial review of the commission’s determination. Any time after the date of the notice under this paragraph, the record title owner or lessee of any affected property may petition the department in writing to disclaim, release, relinquish or dispose of the property from public trust land status as no longer necessary or materially useful for the purposes of the trust.

2. Nonnavigable, the department shall send notice of that determination to each person or entity that has requested notification of any determination of nonnavigability.  The department shall include a statement of whether the department intends to seek judicial review of the commission’s determination.

E. After the time for judicial review of the commission's determination with respect to any watercourse has expired, as provided in section 37-1129, the commission shall cause a record of its determination to be recorded in the office of the county recorder of each county in which any part of the watercourse affected by the determination is located.
A.R.S. § 37-249 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 249
37-249 Actions to rescind sales
Status: in_force

37-249. Actions to rescind sales

A.  The commissioner or any other person may rescind a sale based on fraud only by filing an action in the superior court. An action based on fraud shall be filed within three years after the date of the auction of that property. If the court voids the sale pursuant to this subsection because the buyer has committed fraud, the buyer at that sale shall not receive a refund of the monies paid for the fraudulent sale.

B. A person may rescind a sale based on failure to comply with the enabling act, the Constitution of Arizona or the statutes only by filing an action in the superior court. An action based on the failure to comply with the enabling act, the Constitution of Arizona or the statutes shall be filed within two years after the date of the auction of that property, unless a shorter period of limitations applies. If the court voids the sale pursuant to this subsection, the buyer at that sale shall reconvey the property to the state land department. The department shall refund the money paid thereon to the buyer at that sale, and make compensation to the buyer for the actual value of the improvements placed on the land by the purchaser. The value shall be determined by the department and paid from the general fund.

C. A person who files suit pursuant to this section shall record a notice of lis pendens in the county or counties in which the property is located. Suit shall not proceed to trial unless the court receives a copy of the recorded lis pendens.

D. This section does not apply to actions to protest auctions pursuant to section 37-301.
A.R.S. § 37-1152 — Arizona Code / Title 37 / Chapter 7 / Article 3 / Section 1152
37-1152 Auction and sale of released public trust lands
Status: in_force

37-1152. Auction and sale of released public trust lands

A. If the department determines that any portion or reach of a bed of a navigable watercourse may be released from the public trust, the department shall cause an appraisal of the property to be made to determine its fair market value. The property shall not be disposed of for an amount less than that appraised value.

B. At the same time, the department shall also cause an appraisal to be made of such reasonable improvements to the property as the record owner or lessee may have made in good faith. The amount of that appraised value of the improvements shall be credited and applied to the bid of the record owner or lessee at any sale or public auction of the land that the department conducts. If the record owner or lessee is not the successful bidder at the sale or auction, the successful bidder shall reimburse the owner or lessee by the amount of the appraised value of the improvements.

C. Sections 37-236, 37-237 and 37-238 apply to the sale of such lands at public auction.
A.R.S. § 37-906 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 906
37-906 Public lands; disposal; use; written authorization required
Status: in_force

37-906. Public lands; disposal; use; written authorization required

A. After January 1, 1980 no sale, conveyance or other disposal of public lands may be authorized by the commissioner unless specifically authorized by law by the legislature.

B. Except as authorized by this chapter or by the commissioner pursuant to law, any sale, lease, exchange, encumbrance or other disposal of any parcel of or interest in the public lands is void.

C. Any person who intends to perform or carry out any act with respect to the use, management or disposal of any public lands under any statute, ordinance, regulation, custom or usage of the United States or otherwise shall obtain written authorization from the commissioner confirming or approving the act. The commissioner shall give the written authorization only as permitted under this chapter.

D. Any person who does not obtain written authorization as required under subsection C may be enjoined in an action brought by the attorney general from performing or continuing to carry out any act respecting the use, management or disposal of any public lands.

E. Any person who receives any money or other consideration for any purported sale or other disposition of any public lands which was made in violation of this chapter is liable to this state for that money or the value of any other consideration. The money or value of any other consideration may be recovered for this state in an action brought by the attorney general.
A.R.S. § 37-1311 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1311
37-1311 Wildfire mitigation plan; hearing; rules; fees; definitions
Status: in_force

37-1311. Wildfire mitigation plan; hearing; rules; fees; definitions

A. The state forester shall review and approve a submitted wildfire mitigation plan if the state forester finds that the wildfire mitigation plan:

1. Complies with title 30, chapter 7, article 1 or title 40, chapter 8, article 1 and any other applicable rules.

2. Is reasonable considering the public power entity's or electric utility's size and resources.

3. Is in the public interest.

4. Meets the requirements of subsection H of this section.

5. Is designed to meet the specific conditions and risk of the public power entity's or electric utility's service area in which the public power entity or the electric utility operates.

B. The state forester shall provide public notice and an opportunity for public comment on a submitted wildfire mitigation plan. The state forester shall publish the notice on the Arizona department of forestry and fire management's website and in the Arizona administrative register.

C. Within fourteen days after receiving a submitted wildfire mitigation plan, the state forester shall:

1. Identify the counties and cities and towns that are located within the geographic region as described in the public power entity's or electric utility's wildfire mitigation plan.

2. Establish the time period and instructions for the affected counties and cities and towns to provide public comment.

3. Provide the information prescribed in paragraphs 1 and 2 of this subsection to the public power entity or electric utility.

D. Within ten days after receipt of the information prescribed in subsection C of this section, the public power entity or electric utility shall provide written notice to the identified counties and cities and towns of the opportunity to provide comment on the wildfire mitigation plan.

E. Within forty-five days after receipt of any wildfire mitigation plan, the state forester shall hold a public meeting to solicit comments on any proposed wildfire mitigation plan.  The state forester shall provide for remote attendance at the public meeting using telephonic or video conferencing.

F. The state forester may request additional information or request modification to the submitted wildfire mitigation plan within one hundred twenty days after the initial receipt of the wildfire mitigation plan by providing written notice to the public power entity or electric utility.  If the state forester does not request additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved after the one hundred twenty-day review period.

G. Within ninety days after receipt of the notice prescribed in subsection F of this section, the public power entity or electric utility shall respond to the state forester's request for information and, if necessary, may revise the wildfire mitigation plan.  The state forester shall have sixty days after receipt of the responses or a revised wildfire mitigation plan, whichever is later, to consider the approval or denial of the wildfire mitigation plan. If the state forester does not request further additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved at the expiration of sixty days.  The wildfire mitigation plan is deemed approved during the pendency of any judicial action pursuant to title 12, chapter 7, article 6 that seeks review of the state forester's approval or denial of the wildfire mitigation plan or any portion of the wildfire mitigation plan.

H. The wildfire mitigation plan shall do the following:

1. Identify Preventive actions, protective equipment and monitoring programs that the public power entity or electric utility will carry out, install, repair, replace or implement to minimize the risk of a wildfire.

2. Include:

(a) A description of areas within the geographic region where the public power entity's or electric utility's facilities may be subject to a heightened risk of wildfire.

(b) A description of the procedures, standards and time frames that the public power entity or electric utility will use to inspect and operate the public power entity's or electric utility's infrastructure to mitigate the risk of wildfires.

(c) A description of the key individuals or position titles of those persons who are responsible for implementing the wildfire mitigation plan.

(d) A description of the procedures for deenergizing power lines and disabling reclosers to mitigate potential wildfires or provide a public safety power shutoff plan.

(e) A description of the procedures, standards and time frames that the public power entity or electric utility will use to carry out vegetation management.

(f) A summary of the procedures the public power entity or electric utility intends to use to restore the public power entity's or electric utility's electrical system in the event of a wildfire.

(g) A description of community outreach and public awareness efforts.

(h) A description of potential participation, if applicable, with state or local wildfire protection efforts.

(i) A description of how the public power entity or electric utility will monitor compliance with the wildfire mitigation plan.

I. A public power entity or electric utility may reference procedures and standards that are not specifically enumerated in the wildfire mitigation plan in lieu of the requirements prescribed in subsection H of this section.  Referenced material shall be included as attachments to the wildfire mitigation plan submission.

J. During the pendency of any review and approval process by the state forester prescribed in this section, any wildfire mitigation plan previously approved by the state forester shall remain approved and in effect.

K. The state forester may adopt rules to implement this section.

L. Any action by the state forester pursuant to this section and any comments on the wildfire mitigation plan provided by any county, city, town or other governmental entity pursuant to this section are the exercise of an administrative function involving the determination of fundamental governmental policy as prescribed in section 12-820.01.

M. The state forester may charge reasonable fees to public power entities and electric utilities for the review and approval of wildfire mitigation plans as prescribed in this section.  In establishing the fees, the state forester may consider factors such as the time and materials necessary to review the wildfire mitigation plans with consideration given to the relative size, resources and service territory complexity of the public power entity or electric utility submitting a wildfire mitigation plan. The state forester shall deposit fees collected pursuant to this subsection in the cooperative forestry fund established by section 37-1306.

N. For the purposes of this section:

1. "Electric utility" has the same meaning prescribed in sections 30-901 and 40-1301.

2. "Public power entity" has the same meaning prescribed in sections 30-901 and 40-1301.

3. "Public safety power shutoff" means the intentional temporary shutoff of power during certain weather or environmental conditions to reduce the risk of wildfire.

4. "Wildfire" has the same meaning prescribed in sections 30-901 and 40-1301.

5. "Wildfire mitigation plan" has the same meaning prescribed in section 30-901 or 40-1301.
A.R.S. § 37-1223 — Arizona Code / Title 37 / Chapter 8 / Article 2 / Section 1223
37-1223 Powers and duties of the section; limitations
Status: in_force

37-1223. Powers and duties of the section; limitations

A. If the section agrees to assist a landowner pursuant to section 37-1222, subsection C, the section shall:

1. Charge the landowner a fee for each acre of the subject property. The section shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this paragraph in the military airport land exchange fund established by section 37-1224 and shall use the monies to hire staff and support the operations of the section.

2. Evaluate the suitability of the subject property for exchange with federal land.

3. Coordinate with federal agencies to identify federal lands that are available and suitable for exchange for the subject property.

4. Prepare an exchange proposal for the landowner's review.

B. The section may:

1. Request a landowner to advance or incur costs of evaluations and studies that may be needed to prepare an exchange proposal including legal land surveys, title reports, appraisals, environmental assessments and cultural and biological investigations.  The section shall deposit, pursuant to sections 35-146 and 35-147, the monies collected under this paragraph in a separate account of the military airport land exchange fund and shall use the monies to contract for the evaluations and studies that are needed to prepare an exchange proposal.

2. Accept and spend grants, gifts and contributions from individuals, businesses, cities, towns, counties, other political subdivisions of this state, other state agencies, federal agencies and any other sources to hire staff and support the operations of the section.

3. At the request of the landowner, present an exchange proposal to a federal agency.

4. Disburse monies in the military airport land exchange fund to a federal agency that agrees to an exchange proposed under this chapter to cover costs incurred by the agency in preparing the exchange.

C. The landowner shall be responsible for making all decisions and bearing all costs arising from an exchange proposed under this chapter. Neither the section nor the department shall be the landowner's agent. Assistance provided by the section to a landowner under this chapter is limited by the availability of monies in the military airport land exchange fund.  An agreement under section 37-1222, subsection C is not a guarantee or other assurance by the section, the department, this state or any agency of this state that a federal agency will exchange land with the landowner.
A.R.S. § 37-1130 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1130
37-1130 Title to bed of nonnavigable watercourse; appropriation of waters for public trust values
Status: in_force

37-1130. Title to bed of nonnavigable watercourse; appropriation of waters for public trust values

A. Subject to judicial review under section 37-1129, the commission’s determination that a watercourse is nonnavigable constitutes a waiver, relinquishment and disclaimer of this state's right, title or interest in the bed of the watercourse based on its navigability.

B. This state may obtain any water that is necessary to maintain and protect public trust values that are identified by the commission pursuant to section 37-1128, subsection B only by complying with the requirements of title 45.
A.R.S. § 37-1409 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1409
37-1409 State preemption
Status: in_force

37-1409. State preemption

The legislature finds that the safety standards prescribed in this article are of statewide concern.  This article preempts regulation by a political subdivision of this state regarding the cigarette ignition propensity safety standards prescribed in this article.
A.R.S. § 37-620.03 — Arizona Code / Title 37 / Chapter 2 / Article 17 / Section 620.03
37-620.03 National monuments; catalog; attorney general; litigation
Status: in_force

37-620.03. National monuments; catalog; attorney general; litigation

A. The department shall maintain a catalog of each existing or newly created national monument in this state. For each national monument, the department shall request from the federal government the following:

1. A detailed accounting of each individual item to be protected.

2. The precise global positioning system location of each item to be protected.

3. The square footage that each item to be protected occupies.

4. The total square footage of the parcel of land comprising the national monument.

5. A peer-reviewed justification for the protection of the object by the federal government.

B. The department shall determine whether the limits of a parcel comprising a national monument in this state are confined to the smallest area compatible with the proper care and management of the objects to be protected by the national monument.

C. If the department determines pursuant to subsection B of this section that the limits of a parcel comprising a national monument in this state are not confined to the smallest area compatible with the proper care and management of the objects to be protected by the national monument, the department shall notify the attorney general. On receipt of the notice, the attorney general may commence an action to confine the limits of the parcel comprising the national monument to the smallest area compatible with the proper care and management of the objects to be protected by the national monument.
A.R.S. § 37-281 — Arizona Code / Title 37 / Chapter 2 / Article 4 / Section 281
37-281 Lease of state lands for certain purposes without advertising; terms and conditions
Status: in_force

37-281. Lease of state lands for certain purposes without advertising; terms and conditions

A. All state lands are subject to lease as provided in this article for a term of not more than ten years for agricultural, commercial and homesite purposes, without advertising. The leases shall be granted according to the constitution, the law and the rules of the state land department.

B. No lease shall be granted as provided by this section without application. All applications for leases shall be made upon forms prepared and furnished by the department, shall be signed and sworn to by the applicant or his authorized agent or attorney and shall be filed with the department. In lieu of signing and swearing to the application before a notary public or other person authorized to take acknowledgments, the applicant may affix his signature to the application, accompanied by a certification, under penalty of perjury, that the information and statements made in the application are to the best of his knowledge and belief true, correct and complete, and the application shall be accepted as duly executed.

C. Any material false statement or concealment of facts made by an applicant, his authorized agent or his attorney in the application to lease, which, if known to the department, would have prevented issuance of the lease in the form or to the person issued, shall be grounds for cancellation of a lease issued upon such application.

D. No lessee shall use lands leased to him except for the purpose for which the lands are leased.

E. No lessee shall sublease lands leased to him without written permission of the state land department.
A.R.S. § 37-1309 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1309
37-1309 Nonnative vegetation species eradication fund; department duties; grants; annual report
Status: in_force

37-1309. Nonnative vegetation species eradication fund; department duties; grants; annual report

A. The nonnative vegetation species eradication fund is established consisting of legislative appropriations for specific nonnative vegetation invasive species eradication projects. Monies in the fund are continuously appropriated to the Arizona department of forestry and fire management for the purposes of this section and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the state forester, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.

B. The Arizona department of forestry and fire management shall:

1. Coordinate with the Arizona state land department on projects conducted on state trust land pursuant to this section.

2. Coordinate with the Arizona game and fish department on projects conducted pursuant to this section.

3. Monitor and oversee specific projects for which the legislature appropriates monies to the nonnative vegetation species eradication fund.

4. Provide grants to other state agencies, cities, towns, counties, Indian tribes and other political subdivisions of this state and to nonprofit organizations for nonnative vegetation invasive species eradication projects that will assist in preventing fire and flooding, conserving water, replacing nonnative vegetative species with native vegetative species and restoring habitat to wildlife. A grant recipient shall follow state and federal laws to preserve endangered species when implementing the nonnative vegetation invasive species eradication project.

5. Establish application procedures and qualification criteria for the grants.  Grants awarded pursuant to this section shall be awarded in accordance with title 41, chapter 24.

C. On or before September 1 of each year, the Arizona department of forestry and fire management shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting the total expenditures from the previous year for grants for nonnative vegetation species eradication projects. The report shall indicate each project's expenditures, the benefits of each project to the treated land, the status of each project and the projected timeline for completion of each project.
A.R.S. § 37-258 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 258
37-258 Sale of rights in dry riverbed
Status: in_force

37-258. Sale of rights in dry riverbed

A. Upon receipt of the appraisal and when it is in the best interests of this state and of the trust, the commissioner may cause rights of the state in any dry riverbed on the land described in the application to be put up for sale to the highest bidder. This sale may include the state's interest in oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, geothermal resources, coal, minerals, fossils and fertilizer of every name and description together with all uranium, thorium or other materials peculiarly essential to the production of fissionable materials.

B. The sale shall be held at the county seat of the county wherein the land was located immediately preceding the river movement which left the riverbed dry, and if such county cannot be determined by the commissioner, then the sale shall be held at the county seat of Maricopa county.

C. The sale is subject to all existing leases, covenants, conditions, restrictions, easements, encumbrances, rights and rights-of-way against the land described in the application. The state may sell its rights in an entire section in any one year. No sales shall be deemed to be agricultural land for purposes of section 37-234. At least ten per cent, but not more than twenty-five per cent, of the appraised value, as stated in the auction notice, which shall be applied to principal, together with the prescribed fee under section 37-107 shall be paid by cashier's check upon announcement of the successful bidder. The balance of the purchase price shall be paid by cashier's check within thirty days of the date of the sale and no interest shall be charged. In other respects, the sale shall be conducted as specified in this article. The minimum price at the sale shall be the value of Arizona's interest in the land as determined by the preceding appraisal, including the increased value resulting from the development or improvements made by the applicant and the applicant's predecessors in interest.

D. If the applicant is not the purchaser the applicant is entitled to receive from the proceeds of sale the amount of the increased value of the land, as determined by the appraisal, resulting from the development of or improvement of or on the land made by the applicant or the applicant's predecessors in interest. If the applicant is the purchaser the applicant is entitled to an offset against the purchase price in the amount of the increased value resulting from said developments and improvements.  The payment for these improvements shall be made in the manner specified in sections 37-322 and 37-322.02, except that obtaining the prior approval of the state for making the development or improvement shall not be a prerequisite to the applicant's recovery of the increased value of the land resulting therefrom and that the payment for the improvements may not be on installments.
A.R.S. § 37-604.01 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 604.01
37-604.01 Exchange of state subsurface rights and interests
Status: in_force

37-604.01. Exchange of state subsurface rights and interests

A. The department and selection board, for the purpose of consolidating surface and subsurface ownership, may exchange unleased or unclaimed subsurface rights and interests and leased oil and gas rights and interests, managed by the state land department for subsurface rights and interests owned by others.

B. Such exchanges shall be subject to the following requirements:

1. All subsurface rights and interests exchanged shall be of substantially equal value.

2. Exchanges of subsurface rights and interests leased for oil and gas shall only be made with the United States of America.

3. Leases for oil and gas on subsurface rights and interests exchanged pursuant to this article shall remain in full force and effect for the term of the lease.

4. Before any of the state subsurface rights and interests may be considered for exchange under the provisions of this article, they shall be classified as suitable for purposes in accordance with the provisions of section 37-212.

5. Prior to any exchange of subsurface rights and interests the state land department 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 exchange.

6. Subsurface rights and interests conveyed to the state under this article shall, upon the acceptance of title and records, be dedicated to the same purpose and administered under the same laws which the lands conveyed were subject to.

C. 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. 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 relevant to the proposed exchange. Notice of the public hearing shall be mailed to all protestants and published at least weekly during the thirty day period prior to the date of the hearing in a newspaper of general circulation in the county.

D. The state land department may promulgate rules and regulations governing application and procedures for exchanges of subsurface rights and interests.
A.R.S. § 37-244 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 244
37-244 Certificate of purchase; conditions
Status: in_force

37-244. Certificate of purchase; conditions

A. Upon compliance by a purchaser of state lands with the requirements of this article, the department shall make and deliver to the purchaser a certificate of purchase, which shall set forth:

1. The name of the purchaser.

2. A description of the entire tract of land purchased.

3. The amount paid.

4. The amount paid for improvements, if any.

5. The amount remaining due.

6. The date when each of the deferred payments falls due, the amount of each deferred payment and the rate of interest on the first deferred payment.

7. An agreement by the purchaser that he will pay taxes, water assessments and other charges which may be assessed against the land.

B. Each certificate of purchase shall be signed by the commissioner or his deputy and by the purchaser, and shall contain the following covenants in addition to any others imposed pursuant to section 37-132:

1. That the purchaser will not permit any loss or commit any waste to or upon the lands.

2. That any right to the use of water appurtenant to the lands shall be maintained to prevent the forfeiture or abandonment of the right.

3. That all taxes levied against the land and all construction and maintenance charges of a United States reclamation project from which the lands may receive water will be promptly paid.

4. That all things will be done to insure the acquisition and maintenance of the rights and the use of the water, except if the successful irrigation of lands susceptible to irrigation from works constructed or controlled by the United States government is not dependent upon the irrigation works it shall not be necessary to acquire and maintain water rights on such lands.

C. After sale of state land and issuance of a certificate of purchase, the department shall not issue a certificate of purchase that covers only a part of the entire tract of land sold for the purposes of obtaining a patent to part of the land.
A.R.S. § 37-336 — Arizona Code / Title 37 / Chapter 2 / Article 5.1 / Section 336
37-336 Rules; review and approval by legislature; duties of commissioner
Status: in_force

37-336. Rules; review and approval by legislature; duties of commissioner

A. The commissioner may adopt rules pursuant to title 41, chapter 6 to carry out this article. All rules adopted by the commissioner are subject to review and approval by the legislature.

B. Following the adoption of a rule, the commissioner shall immediately forward a certified copy to the speaker of the house of representatives and the president of the senate. The legislature may review and, by concurrent resolution, approve, disapprove or modify any rule submitted by the commissioner for review and approval. Each rule adopted by the commissioner as provided by law is effective pending legislative review. If a concurrent resolution is not passed by the legislature with respect to the rule within one year following receipt of a certified copy, the rule is deemed to have been approved by the legislature.

C. On disapproval by the legislature of a rule, the commissioner shall immediately discontinue the use of any procedure, action or proceeding authorized or required by the disapproved rule. On modification by the legislature of a rule, the commissioner shall immediately suspend the use of any procedure, action or proceeding authorized or required by the original rule until a modified rule has been adopted in accordance with title 41, chapter 6. Following the adoption of the modified rule, the commissioner shall conduct all subsequent proceedings in accordance with the modified version of the rule.
A.R.S. § 37-803 — Arizona Code / Title 37 / Chapter 4 / Article 1 / Section 803
37-803 Disposition of real property by state agency
Status: in_force

37-803. Disposition of real property by state agency

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

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 convey:

1. The real property to an agency of the federal government, to another agency of this state or to any county, municipality, school district or other political subdivision of this state or charter school in this state without the necessity of a public sale if the director or officer considers the conveyance to be in the public interest and if the real property will be used for a specific purpose in the public interest. The transferee agency shall pay the transferor agency for such a conveyance based on an appraisal prepared within the last one hundred eighty days by a certified real estate appraiser establishing the fair market value of the property to be conveyed.

2. Other marketable 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 or 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 not less than 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 convey any real property or interest in the real property to be conveyed under this section and may assess a fee for the costs of preparing and executing any conveyance under this section. The director or officer may insert in any deed or conveyance such conditions, covenants, exceptions and reservations as 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 conveyed pursuant to this section that the agency acted within its lawful authority in acquiring the property and that the agency 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. The agency may adopt rules for using licensed real estate brokers to assist in any disposition of property under this section. The director or other chief administrative officer of the state agency may pay a commission, from proceeds received under this section, to a broker who provides the purchaser unless the broker is the purchaser or lessee or the purchaser is another governmental agency.

G. 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.
A.R.S. § 37-1156 — Arizona Code / Title 37 / Chapter 7 / Article 3 / Section 1156
37-1156 Riparian trust fund; acquisition and management of riparian lands
Status: in_force

37-1156. Riparian trust fund; acquisition and management of riparian lands

A. The riparian trust fund is established consisting of monies received from the sale or use of sovereign streambed lands and resources under this chapter, damages collected from the United States pursuant to section 37-1131 and any other appropriations, gifts, grants or donations designated by the donor for that purpose. The state shall maintain the fund separate and apart from all other funds. On notice from the commissioner the state treasurer shall invest and divest monies in the riparian trust fund as provided by section 35-313, and monies earned from investment shall be credited to the riparian trust fund.

B. The state land commissioner shall use the income, other proceeds and not more than seventy-five per cent of any added principal of the fund in a fiscal year pursuant to this section:

1. To acquire, from willing sellers, land or interests in land located in riparian areas in this state for public purposes consistent with conservation of wildlife and recreation.

2. For such other expenditures as promote the purposes of the public trust.

C. The state land commissioner shall consult with and receive advice from the Arizona state parks board and the Arizona game and fish department regarding the acquisition and management of land and interests in land under this section.
A.R.S. § 37-1308 — Arizona Code / Title 37 / Chapter 9 / Article 1 / Section 1308
37-1308 Fire detection, prevention and suppression training for ranchers and landowners; immunity
Status: in_force

37-1308. Fire detection, prevention and suppression training for ranchers and landowners; immunity

A. To ensure that ranchers and landowners in this state are adequately equipped to protect their own property and neighboring property from forest and range fires, the Arizona department of forestry and fire management shall develop a program to train individual or groups of ranchers and landowners to detect, prevent and suppress forest and range fires within this state.

B. This state is not liable for any claim based on a rancher's or landowner's exercise or performance of, or failure to exercise or perform, any fire detection, prevention or suppression activity that the landowner or rancher was trained to exercise or perform under subsection A of this section.
A.R.S. § 37-521 — Arizona Code / Title 37 / Chapter 2 / Article 13 / Section 521
37-521 Permanent state school fund; composition; use
Status: in_force

37-521. Permanent state school fund; composition; use

(Caution:  1998 Prop. 105 applies)

A. After any appropriation pursuant to section 37-527, the permanent state school fund shall consist of:

1. The proceeds of all lands granted to this state by the United States for the support of common schools.

2. All property which accrues to this state by escheat or forfeiture.

3. All property donated for the benefit of the common schools, unless the terms of the donation otherwise provide.

4. All unclaimed shares and dividends of any corporation incorporated under the laws of this state.

5. The proceeds of sale of timber, mineral, gravel or other natural products or property from school lands and state lands other than those granted for specific purposes.

6. The residue of the lands granted for payment of the bonds and accrued interest issued by Maricopa, Pima, Yavapai and Coconino counties, after the purpose of the grant has been satisfied, and the five percent of the proceeds of sales of public lands lying within this state sold by the United States subsequent to admission of this state into the union, as granted by the enabling act.

B. The fund shall be and remain a perpetual fund and distributions from the fund pursuant to article X, section 7, Constitution of Arizona, plus monies derived from the rental of the lands and property, interest and accrued rent for that year credited pursuant to section 37-295 and interest paid on installment sales, shall be used as follows:

1. If there are outstanding state school facilities revenue bonds pursuant to title 41, chapter 56, article 6, outstanding qualified zone academy bonds pursuant to title 41, chapter 56, article 7 or outstanding state school trust revenue bonds issued to correct existing deficiencies, the state treasurer and the state land department shall annually transfer to the state school facilities revenue bond debt service fund established in section 41-5754, the state school improvement revenue bond debt service fund established in section 41-5784 and the state school trust revenue bond debt service fund the amount that is necessary to pay that fiscal year's debt service on outstanding state school facilities revenue bonds, qualified zone academy bonds and state school trust revenue bonds, before transferring amounts for any other uses.

2. If there are no outstanding state school facilities revenue bonds pursuant to title 41, chapter 56, article 6 or if the amount of monies available under this subsection exceeds the amount required under paragraph 1 of this subsection, the monies are subject to legislative appropriation to the new school facilities fund established by section 41-5741.

3. If the amount of monies available under this subsection exceeds the amount required under paragraphs 1 and 2 of this subsection, the legislature may annually appropriate an amount to be used as provided in section 15-971, subsection G, except that the amount appropriated may not exceed the amount appropriated from the permanent state school fund and from the rent and interest paid on installment sales for this purpose in fiscal year 2000-2001.

4. Notwithstanding paragraphs 1, 2 and 3 of this subsection, from and after June 30, 2001, any expendable earnings under this subsection that exceed the fiscal year 2000-2001 expendable earnings shall be deposited in the classroom site fund established by section 15-977.
A.R.S. § 37-245 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 245
37-245 Rights conferred by certificate of purchase; recording of certificate
Status: in_force

37-245. Rights conferred by certificate of purchase; recording of certificate

A. The certificate of purchase shall entitle the purchaser and his heirs, or in case of an assignment filed with and approved by the department, the assigns of the purchaser, to possession of the lands therein described, to maintain actions for injuries thereto or to recover possession thereof, unless the certificate has become void by forfeiture.

B. The certificate may be recorded as deeds of conveyance are recorded.
A.R.S. § 37-317 — Arizona Code / Title 37 / Chapter 2 / Article 4.2 / Section 317
37-317 Subordination to constitution and enabling act
Status: in_force

37-317. Subordination to constitution and enabling act

This article shall not be construed to replace or supersede the responsibilities and obligations of the state land department and the state land commissioner under article X, Constitution of Arizona, and section 28 of the enabling act of June 20, 1910.
A.R.S. § 37-321.01 — Arizona Code / Title 37 / Chapter 2 / Article 5 / Section 321.01
37-321.01 Rights to water used on state land; definition
Status: in_force

37-321.01. Rights to water used on state land; definition

A. A permit or certificate for the right to use water on state land for stock watering or stockpond purposes, or for domestic use on a ranch or farm, shall be issued in the name of the state of Arizona except as follows:

1. If the place of use is located on state land, but the point of diversion is located on patented land, the certificate or permit shall be issued to the owner of the patented land.

2. If the place of use is located on state land, but the point of diversion is located on land owned by the United States, the permit or certificate shall be issued to the lessee of the state land.

3. If the water right was perfected under the law applicable at the time that the right was initiated by the lessee or its predecessors in interest for use on land that was owned by the United States before that land was designated for transfer to the state of Arizona, the certificate or permit shall be issued to the lessee of the state land.

B. The commissioner and the person or persons asserting that a permit or certificate should be issued as prescribed by this section may stipulate as to the ownership of a water right. The stipulation or agreement shall be accepted by the department of water resources.

C. An application for a certificate to appropriate water for use on state land as provided in subsection A of this section shall not be approved nor shall a permit or certificate be issued pursuant to this section by the director of the department of water resources, until the commissioner has been given the opportunity to review and object to the permit or certificate. Section 45-164, subsection C applies to any objections made pursuant to this subsection.

D. No person shall have any legal interest in or the right to lease state land based solely upon ownership of a water right acquired or confirmed under this section or section 45-257, subsection C.

E. No water right for stock watering or stockpond purposes, or for domestic uses on a ranch or farm that is acquired by a lessee pursuant to subsection A, paragraph 3 of this section, may be severed from its place of use on state land and transferred for use on other land without prior written consent of the commissioner. The commissioner may withhold consent if the commissioner finds that the use of state land for grazing purposes is dependent upon the water right that is proposed to be transferred. A lessee's successor in interest or the state shall pay compensation to a lessee of state land who is entitled to a domestic, stock watering or stockpond water right pursuant to subsection A, paragraph 3 of this section, if the lessee is denied reasonable use of the water right because of a refusal by the commissioner to consent to the severance and transfer of the right from its place of use on state land. Compensation shall be determined by appraisal and may be reviewed by the state board of appeals by the procedure for appraising improvements on state land. On payment of the compensation, the department of water resources shall reissue the water right in the name of the person or entity making the payment.

F. For the purposes of this section, "certificate" includes certificates issued pursuant to title 45, chapter 1, article 5 or 10.
A.R.S. § 37-903 — Arizona Code / Title 37 / Chapter 5 / Article 1 / Section 903
37-903 State land commissioner; powers; duties
Status: in_force

37-903. State land commissioner; powers; duties

A. The commissioner may:

1. With the approval of the board, promulgate rules and regulations deemed necessary to manage the public lands in an orderly and beneficial manner according to this chapter.

2. Contract for or employ professional and clerical personnel deemed necessary to carry out his functions under this chapter.

3. Convey, lease or permit the use of public lands to the same extent or in the same manner as the public lands are conveyed, leased, licensed or permitted to be used by the federal government or any of its agencies.

B. The commissioner shall deposit, pursuant to sections 35-146 and 35-147, all fees, rents, royalties or other monies paid to this state for purposes of public lands, except for state trust lands, in the state general fund.
A.R.S. § 37-1388 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1388
37-1388 Fire protection systems; definitions
Status: in_force

37-1388. Fire protection systems; definitions

A. All backflow prevention equipment installed on class 1 and class 2 fire protection systems shall comply with state fire code standards.

B. Check valve assemblies installed on class 1 or class 2 fire protection systems as backflow protection equipment pursuant to this section shall be inspected and maintained in accordance with the state fire code.  Inspections of check valve assemblies installed on class 1 or class 2 fire protection systems shall be performed on an annual basis with records of the inspections provided to the local fire department and drinking water provider.

C. Any malfunction or abnormality with a check valve assembly installed on class 1 or class 2 fire protection systems shall be reported within twenty-four hours to the local fire department and drinking water provider.

D. A fire code authority may establish guidelines for the installation of backflow prevention equipment on a class 1 or class 2 fire protection system that exceeds the minimum standards established by the state fire code if the backflow prevention equipment is approved for use on class 1 or class 2 fire protection systems pursuant to the state fire code.

E. A fire code authority or a drinking water provider may require the installation of backflow prevention equipment on class 1 and class 2 fire protection systems that exceeds the minimum standards established by the state fire code if a special backflow condition is identified. The use of nonpotable pipe in a fire protection system does not by itself constitute a special backflow condition. The drinking water provider shall consult with the fire code authority and provide the fire code authority with an opportunity to comment before installing or requiring the installation of backflow equipment that exceeds the minimum standards established by the state fire code.

F. For the purposes of this section:

1. "Class 1 fire protection system" means a fire protection system that is directly connected to a public water main and on which all sprinkler drains discharge into the atmosphere, dry wells or other safe outlets.  Class 1 fire protection system does not include a system that has a connection with pumps, tanks, reservoirs or other water supplies, or a system that contains antifreeze or other additives.

2. "Class 2 fire protection system" means a class 1 fire protection system with booster pumps installed in the connections from the street mains.

3. "Fire code authority" means the assistant director of the office of the state fire marshal or the assistant director's designee, except that for an incorporated city or town with a population of at least one hundred thousand persons that has adopted an ordinance pursuant to section 37-1383, subsection A, fire code authority means the municipal fire chief or the fire chief's designee.

4. "Special backflow condition" means a condition that exists at the site of a class 1 or class 2 fire protection system and that may present a contamination hazard to the domestic water supply, including:

(a) Underground fire protection system lines that are parallel to and within six feet horizontally of sewer lines or other lines carrying toxic materials.

(b) The use, storage or handling of materials on a site by a property owner or occupant that could present a significant health hazard to the domestic water supply.

(c) The presence of unusually complex piping systems.

(d) Water supplied to a site or an area from either:

(i) Two or more services of a water utility.

(ii) Two different water utilities.

(iii) A supplemental water supply.
A.R.S. § 37-1403 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1403
37-1403 Certification; product change; fee
Status: in_force

37-1403. Certification; product change; fee

(Conditionally Rpld.)

A. Each manufacturer shall submit to the office of the state fire marshal a written certification attesting that each cigarette listed in the certification:

1. Has been tested pursuant to section 37-1402.

2. Meets the performance standards prescribed in section 37-1402.

B. The manufacturer shall describe each cigarette listed in the certification with the following information:

1. Brand or trade name on the package.

2. Style, such as light or ultra light.

3. Length in millimeters.

4. Circumference in millimeters.

5. Flavor, such as menthol or chocolate, if applicable.

6. Filter or nonfilter.

7. Package description, such as soft pack or box.

8. Marking approved pursuant to section 37-1404.

9. Name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test.

10. Date that the testing occurred.

C. A manufacturer shall recertify each cigarette certified under this section every three years.

D. A manufacturer shall make the certifications available to the attorney general for purposes consistent with this article and the department of revenue for the purposes of ensuring compliance with this section.

E. If a manufacturer has certified a cigarette pursuant to this section and after certification makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards prescribed by this article, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette pursuant to the testing standards prescribed in section 37-1402 and maintains records of that retesting as required by section 37-1402. Any altered cigarette that does not meet the performance standard prescribed in section 37-1402 may not be sold in this state.

F. The office of the state fire marshal may adopt rules requiring each manufacturer to pay to the office of the state fire marshal a fee of two hundred fifty dollars per brand family of cigarettes certified in compliance with this section. The fee applies to all cigarettes within the brand family certified and includes any new cigarette brand style within the brand family during the three-year certification period.
A.R.S. § 37-605 — Arizona Code / Title 37 / Chapter 2 / Article 14 / Section 605
37-605 Title; reservations, restrictions and encumbrances
Status: in_force

37-605. Title; reservations, restrictions and encumbrances

A. An exchange for state lands shall not be authorized, approved or made unless the owner of the lands to be traded for state land agrees to grant the state title in fee simple with appropriate title insurance as determined to be acceptable by the department.

B. The state shall grant to the owner of lands being exchanged pursuant to this article a patent to the state lands being exchanged, with any reservations, restrictions or encumbrances as previously agreed to by the parties in writing.

C. Either party to an exchange may reserve mineral estates, easements and rights of use consistent with such reservations.
A.R.S. § 37-1126 — Arizona Code / Title 37 / Chapter 7 / Article 2 / Section 1126
37-1126 Hearings; notice
Status: in_force

37-1126. Hearings; notice

A. The commission shall schedule public hearings to receive additional evidence and testimony relating to navigability or nonnavigability of each watercourse, and, if the commission finds a watercourse is navigable, the commission shall schedule public hearings to identify and make a public report of any public trust values associated with the watercourse.  The hearings shall be held at the commission's office or, in the case of a hearing concerning a watercourse located principally outside of Maricopa county, at the county seat of the county in which the predominant portion of the particular watercourse is located. The commission may schedule additional hearings at other locations at the commission's discretion.

B. At least thirty days before any public hearing under this section, the commission shall cause notice of the hearing to be published in two newspapers, one of statewide circulation and another of general circulation in the county where the hearing is to be held. In addition, the commission shall mail notice of the hearing to any person who has previously requested notice of hearings in writing from the commission.
A.R.S. § 37-1407 — Arizona Code / Title 37 / Chapter 9 / Article 5 / Section 1407
37-1407 Inspection
Status: in_force

37-1407. Inspection

(Conditionally Rpld.)

To enforce this article, the attorney general and the office of the state fire marshal under the authority and direction of the state forester, or their employees, may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Each person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale shall allow the attorney general and the office of the state fire marshal, or their employees, the means, facilities and opportunity for the examinations authorized by this section.
A.R.S. § 37-106 — Arizona Code / Title 37 / Chapter 1 / Article 1 / Section 106
37-106 Federal reclamation trust fund
Status: in_force

37-106. Federal reclamation trust fund

A. There shall be a federal reclamation trust fund of which the state treasurer shall be custodian. Payments made by the state land department for the assessments or charges authorized to be paid by the department under section 37-105, and payments received by him as reimbursements therefor, shall be drawn from and credited to the federal reclamation trust fund.

B. The fund shall not revert to the general fund, and shall not be subject to the provisions of title 35, chapter 1.
A.R.S. § 37-1385 — Arizona Code / Title 37 / Chapter 9 / Article 4 / Section 1385
37-1385 School protection; definition
Status: in_force

37-1385. School protection; definition

A. The assistant director of the office of the state fire marshal, deputy fire marshal or an assistant fire inspector shall enforce rules and regulations for establishing programs for evacuating school buildings and for instructing all students in public and private schools as to proper methods of fire prevention and control and of the importance thereof. Such rules, regulations and programs shall be transmitted to the department of education for distribution to those schools.

B. For the purposes of this article, "school" means an educational institution of any description, public or private, wherever situated in this state.
A.R.S. § 37-253 — Arizona Code / Title 37 / Chapter 2 / Article 3 / Section 253
37-253 Report to assessor
Status: in_force

37-253. Report to assessor

As soon as possible after a sale of state land and when a patent is issued, the state land department shall transmit to the assessor of the county in which the land is located a report of the sale and patent setting forth separately a description thereof, the name of the purchaser, the amount paid for the land and the improvements thereon.