reglab/housing_qa huggingface dataset:
AZ Rev Stat § 45-436 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-436 - Findings upon hearing; order for irrigation non-expansion area; publication

45-436.  Findings upon hearing;  order for irrigation non-expansion area;  publication A. Within thirty days after the hearing,  the director shall make and file in the director's office written findings with respect to matters considered during the hearing. If the director decides to declare an area an irrigation non-expansion area,  the director shall make and file an order designating the irrigation non-expansion area. B. The findings and order shall be published in the manner and for the length of time prescribed for the publication of notice of the public hearing,  and the order is effective when published for the final time. All factual data compiled by the director,  a transcript of the hearing,  a copy of the findings and a map identifying the lands included in the irrigation non-expansion area are public records of the department and shall be available for examination by the public during regular business hours. The findings and order of the director are subject to rehearing or review and to judicial review as provided in section 45-114,  subsection C. C. The director shall file a true copy of the map in the office of the county recorder of the county or counties in which the irrigation non-expansion area is located.
AZ Rev Stat § 45-437.01 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-437.01 - Substitution of irrigated acreage in an irrigation district; central Arizona project water

45-437.01.  Substitution of irrigated acreage in an irrigation district;  central Arizona project water In an irrigation non-expansion area,  a person who owns acres of land which may be irrigated pursuant to section 45-437 may apply to the director during the central Arizona project contracting period,  but no later than January 1,  1995,  to permanently retire all or a portion of such acres from irrigation and to irrigate conjunctively with central Arizona project water the same number of substitute acres. The director may approve the substitution of acres if the director determines that all of the following exist: 1. The acres to be retired from irrigation and the substitute acres are located outside of the exterior boundaries of the service area of a city,  town or private water company and such acres are located within the same irrigation district and the same sub-basin. 2. Central Arizona project water available to the irrigation district within which the acres are located will be adequate to supply the substitute acres.
AZ Rev Stat § 45-437.02 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-437.02 - Flood damaged acres; substitution of acres; definitions

45-437.02.  Flood damaged acres;  substitution of acres;  definitions A. In an irrigation non-expansion area,  a person who owns acres of land which may be irrigated pursuant to section 45-437 may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same irrigation non-expansion area if the owner demonstrates to the director's satisfaction that all of the following apply: 1. The legally irrigated acres were damaged by floodwaters after being irrigated. 2. It is not economically feasible to restore the flood damaged acres to irrigation use. B. For purposes of this section: 1. " Floodwaters"  means a temporary and erosive overflow of waters on lands not normally covered by water which occurred after January 1,  1975. 2. " Legally irrigated acres"  means acres which may be irrigated pursuant to section 45-437.
AZ Rev Stat § 45-437.03 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-437.03 - Impediments to efficient irrigation; substitution of acres; definitions

45-437.03.  Impediments to efficient irrigation;  substitution of acres;  definitions A. In an irrigation non-expansion area,  a person who owns acres of land which are contiguous and which may be irrigated pursuant to section 45-437 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres. The director may approve the substitution of acres if the owner demonstrates to the director's satisfaction that all of the following apply: 1. A limiting condition associated with the acres to be retired from irrigation substantially impedes the implementation of more efficient irrigation practices on the legally irrigated acres. 2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate the implementation of more efficient irrigation practices. 3. The substitute acres are within the same farm unit as the legally irrigated acres that will not be retired. 4. The substitution will not reduce the number of acres of land within the farm unit that are eligible to receive central Arizona project water. 5. If the acres to be retired are located within the exterior boundaries of an irrigation district,  the substitute acres will be located within the exterior boundaries of the same irrigation district. 6. The area of land within the substitute acres that is physically capable of being irrigated at the time the application for substitution of acres is filed does not exceed the area of land within the acres to be retired that is physically capable of being irrigated at the time the application for substitution of acres is filed. B. For purposes of this section: 1. " Legally irrigated acres"  means acres of land which are contiguous and which may be irrigated pursuant to section 45-437. 2. " Limiting condition"  means any condition that limits the achievement of more efficient irrigation on the legally irrigated acres,  including irregularly shaped legally irrigated acres and poor quality soils.
AZ Rev Stat § 45-438 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-438 - Review and modification of boundaries of irrigation non-expansion areas

45-438.  Review and modification of boundaries of irrigation non-expansion areas A. The director may review and modify the boundaries of an irrigation non-expansion area as conditions require and factual data justify. B. The director shall review the boundaries of an irrigation non-expansion area upon receipt of a petition signed by persons who together withdraw not less than one-fourth of the groundwater withdrawn in the irrigation non-expansion area. C. Before modifying the boundaries of an irrigation non-expansion area,  the director shall give notice of and hold a hearing on the proposed modifications pursuant to the procedures prescribed by section 45-435. After the hearing,  the director shall prepare written findings pursuant to section 45-436.
AZ Rev Stat § 45-439 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-439 - Conversion from irrigation non-expansion area to active management area; director; local initiation; procedures

45-439.  Conversion from irrigation non-expansion area to active management area;  director;  local initiation;  procedures A. The director may designate an irrigation non-expansion area as an active management area if the director determines that the irrigation non-expansion area meets any of the criteria for designating an active management area specified in section 45-412,  subsection A. B. Any action taken under this section is subject to the procedures for notice and hearing prescribed by sections 45-413 and 45-414. C. An irrigation non-expansion area may be designated an active management area upon petition and election pursuant to section 45-415 by the registered voters residing in the groundwater basin which is or includes the irrigation non-expansion area.
AZ Rev Stat § 45-440 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-440 - Subsequent irrigation non-expansion area; limitation on use of groundwater

45-440.  Subsequent irrigation non-expansion area;  limitation on use of groundwater A. Except as provided in subsection B of this section,  in a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter,  a person or entity may withdraw more than one hundred acre-feet of groundwater per year for commercial or industrial purposes other than irrigation or residential use only if the groundwater is withdrawn as follows: 1. From land that is eligible to be irrigated pursuant to section 45-437,  subsection B. 2. From a depth to one thousand feet at the site or sites of the proposed withdrawals. 3. At a rate that when added to the existing rate of withdrawals in the area does not cause the groundwater table at the site or sites of the withdrawals to decline more than ten feet per year. 4. In an amount per acre of land from which withdrawals are made that does not exceed: (a) Six acre-feet in any year. (b) Thirty acre-feet for any period of ten consecutive years computed in continuing progressive series beginning in the year that withdrawals begin. B. In a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter,  an electrical generating facility for which an application for a certificate of environmental compatibility was filed with the corporation commission pursuant to title 40,  chapter 2,  article 6.2 before January 1,  2000 may withdraw groundwater for electrical generation and related uses in an amount not to exceed sixty-two thousand five hundred acre-feet per ten year period as determined using a ten year rolling average beginning on the date the facility first begins withdrawing groundwater. C. This section shall not be construed to affect the rights of: 1. A political subdivision to transport groundwater withdrawn from an irrigation non-expansion area to an initial active management area pursuant to section 45-554. 2. Any person to store or recover water pursuant to chapter 3.1 of this title.
AZ Rev Stat § 45-451 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-451 - Groundwater rights and uses in active management areas

45-451.  Groundwater rights and uses in active management areas A. In an active management area,  a person may: 1. Withdraw and use groundwater only in accordance with the provisions of articles 5 through 12 of this chapter. 2. Store water in a storage facility,  as defined in section 45-802.01,  only in accordance with chapter 3.1 of this title. B. This chapter shall not be construed to affect decreed and appropriative water rights. Nothing in this chapter shall be construed to affect the definition of surface water in section 45-101 and the definition of water subject to appropriation in section 45-141 or the provisions of article 9 of chapter 1 of this title. C. Notwithstanding subsection B of this section,  solely in the Santa Cruz active management area: 1. The withdrawal of water,  other than stored water,  from a well and the distribution and use of water,  other than stored water,  withdrawn from a well shall be subject to any applicable conservation requirements established by the director in the management plans for the active management area pursuant to article 9 of this chapter. 2. The withdrawal of water from a well shall be subject to any applicable well location requirements contained in article 10 of this chapter.
AZ Rev Stat § 45-453 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-453 - Groundwater rights and uses in areas outside active management areas; amounts; transportation; irrigation non-expansion areas

45-453.  Groundwater rights and uses in areas outside active management areas;  amounts;  transportation;  irrigation non-expansion areas In areas outside of active management areas,  a person may: 1. Withdraw and use groundwater for reasonable and beneficial use,  except as provided in article 8.1 of this chapter. 2. Transport groundwater pursuant to articles 8 and 8.1 of this chapter. 3. Use groundwater for irrigation purposes within the exterior boundaries of an irrigation non-expansion area only pursuant to article 3 of this chapter.
AZ Rev Stat § 45-455 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-455 - Application to state lands

45-455.  Application to state lands This chapter applies to all lands owned by the state of Arizona and any of its political subdivisions.
AZ Rev Stat § 45-461 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-461 - Definitions

45-461.  Definitions In this article,  unless the context otherwise requires: 1. " Certificate of exemption"  means a certificate which was issued by the state land department or Arizona water commission under prior statutory law for the purpose of describing specific uses and amounts of water which could not be enjoined if found to constitute the transfer or transportation of groundwater. 2. " Development plan"  means a plan for the non-irrigation use of land in connection with which land has been or will be retired from irrigation for the bona fide purpose of conserving or using water for such non-irrigation use which would otherwise be used to irrigate the retired land. 3. " Owner"  means: (a) With respect to an irrigation grandfathered right or a type 1 non-irrigation grandfathered right,  the owner of the land to which the right is appurtenant. (b) With respect to a type 2 non-irrigation grandfathered right,  the holder of the certificate of type 2 non-irrigation grandfathered right. 4. " Protected farmland"  means land that has been designated by the director as protected farmland pursuant to section 45-483,  subsection A and for which the designation has not been revoked by the director pursuant to section 45-483,  subsection C. 5. " Same ownership"  means ownership by the same person or entity or by successor persons or entities as a result of succession to heirs and personal representatives,  corporate and partnership reorganizations,  mergers,  dissolutions,  divestitures,  partnerships,  partitions,  joint ventures,  foreclosures,  receivership or bankruptcy,  purchase of capital stock,  sale pursuant to United States Code,  title 11,  or similar succession,  but not by outright sale to a bona fide purchaser for value where no portion of or beneficial interest in the successor in interest is retained by the original owner,  its shareholders,  partners,  limited partners or beneficiaries. 6. " Water duty acres"  means the acres of land in a farm,  as determined pursuant to section 45-465,  subsection B,  which are used in calculating the maximum amount of groundwater which may be used pursuant to an irrigation grandfathered right.
AZ Rev Stat § 45-462 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-462 - Grandfathered groundwater rights; persons included; certificate of exemption amount is legal use

45-462.  Grandfathered groundwater rights;  persons included;  certificate of exemption amount is legal use A. In an active management area,  a person who was legally withdrawing and using groundwater as of the date of the designation of the active management area or who owns land legally entitled to be irrigated with groundwater as determined pursuant to this article has the right to withdraw or receive and use groundwater as determined by the director pursuant to this article. B. For purposes of determining grandfathered rights pursuant to this article,  a groundwater use shall not be determined to be illegal merely because the groundwater legally withdrawn is or has been transported. C. The amount of groundwater use described by an applicaton for a certificate of exemption is recognized as a legal use for purposes of determining grandfathered rights pursuant to section 45-464,  subject to any modification as a result of a finding on appeal of a factual mistake by the state land department or Arizona water commission in computing the amount of the authorized withdrawal. D. The right to withdraw or receive and use groundwater pursuant to this article is a grandfathered right. There are three categories of grandfathered rights as follows: 1. Non-irrigation grandfathered rights associated with retired irrigated land as determined pursuant to sections 45-463,  45-469 and 45-472. 2. Non-irrigation grandfathered rights not associated with retired irrigated land as determined pursuant to section 45-464. 3. Irrigation grandfathered rights as determined pursuant to section 45-465.
AZ Rev Stat § 45-465.01 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-465.01 - Flood damaged acres; substitution of acres; definition

45-465.01.  Flood damaged acres;  substitution of acres;  definition A. A person who owns acres of land within an initial active management area which were legally irrigated at any time during the five years preceding January 1,  1980 and which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 may permanently retire such acres from irrigation and substitute for such acres the same number of acres within the same sub-basin or a contiguous sub-basin of the same initial active management area which were not legally irrigated at any time during the five years preceding January 1,  1980,  and has the right to use groundwater for the irrigation of such substitute acres as determined pursuant to section 45-465 calculated on the basis of the acres which were legally irrigated,  if the owner demonstrates to the satisfaction of the director that all the following apply: 1. The acres which were irrigated during the five years preceding January 1,  1980 were damaged by floodwaters after being irrigated. 2. It is not economically feasible to restore the flood damaged acres to irrigation use. 3. The owner has received a certificate of grandfathered right for an irrigation use for the flood damaged acres. B. Any acres permanently retired from irrigation pursuant to this section relinquish their irrigation grandfathered rights and such rights are deemed to be appurtenant to the substitute acres. C. For purposes of this section,  " floodwaters"  means a temporary and erosive overflow of waters on lands not normally covered by water which occurred after January 1,  1975.
AZ Rev Stat § 45-466 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-466 - Limitations on use of irrigation water duty; deliveries of water in excess of irrigation water duty

45-466.  Limitations on use of irrigation water duty;  deliveries of water in excess of irrigation water duty A. The irrigation water duty shall be used to determine the maximum amount of groundwater which may be used pursuant to section 45-465,  subsection B and debits and credits to the flexibility account as set forth in section 45-467. Except as provided in subsection B of this section,  the irrigation water duty shall not be applied to diminish surface water delivered to lands pursuant to appropriative surface water rights or decreed surface water rights. B. In the Santa Cruz active management area,  the irrigation water duty shall be used to determine the maximum amount of water,  other than stored water,  withdrawn from a well which may be used to irrigate the irrigation acres in a farm.
AZ Rev Stat § 45-468 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-468 - Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses

45-468.  Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses A. A person delivering a combination of surface water or effluent,  or both,  and groundwater for irrigation uses shall prior to the beginning of each accounting period estimate the amount of groundwater that will be withdrawn and delivered during the next accounting period and shall make such estimate available to the director. The estimate may be modified from time to time as conditions warrant. B. Within ninety days following the end of each accounting period a person who delivers a combination of surface water or effluent,  or both,  and groundwater for uses by cities,  towns,  private water companies,  industries,  farms or other users shall provide the director with an accounting for water during the past accounting period which shows the following: 1. All surface water provided to each class of user and each farm. 2. All groundwater provided to each class of user and each farm. 3. All effluent provided to each class of user and each farm. C. If a person delivers water to a user through a delivery system that commingles groundwater with surface water or effluent,  or both,  the amount of groundwater charged to the user pursuant to the accounting in subsection B shall be computed as follows: 1. Determine the total amount of water delivered to the user through the system during the accounting period. 2. Determine the amount of surface water and effluent that would have been delivered to the user through the system during the accounting period if no groundwater had been delivered through the system. 3. Subtract the amount determined pursuant to paragraph 2 from the amount determined pursuant to paragraph 1.
AZ Rev Stat § 45-470 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-470 - Use of type 1 non-irrigation grandfathered right by original owner; definition

45-470.  Use of type 1 non-irrigation grandfathered right by original owner;  definition A. Except as provided in section 45-469,  subsection I,  or as provided in subsection B of this section,  the original owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 may: 1. Use groundwater withdrawn pursuant to the right for any non-irrigation use: (a) On the land to which the right is appurtenant. (b) On any other land,  subject to the provisions governing transportation of groundwater in articles 8 and 8.1 of this chapter,  except that,  if the land to which the right is appurtenant is included within the exterior boundaries of the service area of a city,  town or private water company,  use groundwater on other land only if the use on other land was commenced prior to the date of the designation of the active management area or is pursuant to a development plan filed with the director prior to the inclusion of the land within the exterior boundaries of the service area of the city,  town or private water company. 2. Pursuant to section 45-473,  convey retired irrigated land with the appurtenant type 1 non-irrigation grandfathered right. Any land not conveyed shall retain its appurtenant type 1 non-irrigation grandfathered right. B. The original owner of a type 1 non-irrigation grandfathered right pursuant to section 45-463 or 45-469 shall not withdraw or use groundwater pursuant to the portion of the type 1 non-irrigation grandfathered right that is appurtenant to land which the original owner may irrigate with effluent under section 45-452,  subsection J. C. For the purposes of this section,  " original owner"  means: 1. The person who acquired and retired land from irrigation prior to the date of the designation of the active management area pursuant to section 45-463 and any person or entity that holds such land under the same ownership as defined by section 45-461. 2. The person who retires legally irrigated land after the date of the designation of the active management area pursuant to section 45-469 and any person or entity that holds such land under the same ownership as defined by section 45-461.