reglab/statecodes huggingface dataset:
2023 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.
2023 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provided in subsection B of this section,  in a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter,  a person or entity may withdraw more than one hundred acre-feet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per year for commercial or industrial purposes other than irrigation or residential use only if the groundwater is withdrawn as follows: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B. In a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter,  an electrical generating facility for which an application for a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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-465.04 - Use of groundwater to water plants in containers as non-irrigation use; right to use groundwater withdrawn pursuant to irrigation grandfathered right to water plants in containers; definition

45-465.04.
Use of groundwater to water plants in containers as non-irrigation use;  right to use groundwater withdrawn pursuant to irrigation grandfathered right to water plants in containers;  definition
A. The use of groundwater to water plants in containers on or above the surface of the ground is a non-irrigation use in an active management area.
B. Notwithstanding subsection A of this section,  in an initial active management area,  a person who holds a certificate of irrigation grandfathered right may withdraw groundwater pursuant to the right and use the groundwater to water plants in containers on or above the surface of the certificated acres if the plants are grown for sale or human consumption or for use as feed for livestock,  range livestock or poultry,  as those terms are defined in section 3-1201.
C. A person who holds a certificate of irrigation grandfathered right shall separately measure with a measuring device approved by the director pursuant to section 45-604 any groundwater used for watering plants in containers on or above the surface of the certificated acres and any groundwater used for an irrigation use on the certificated acres.
D. Except as provided in section 45-563.02,  if a person uses groundwater to water plants in containers pursuant to subsection B of this section,  the total amount of water used by the person for that purpose and for any irrigation uses on the certificated acres may not exceed the amount allowed by the irrigation water duty for the farm.
E. The director may not register credits to the flexibility account established pursuant to section 45-467 for a farm in any year in which the person who holds the certificate of irrigation grandfathered right for the farm uses groundwater to water plants in containers on or above the surface of the certificated acres pursuant to subsection B of this section.
F. On request by the owner of a certificate of irrigation grandfathered right,  the director shall separate the certificate into two certificates,  with one certificate for those certificated acres on which plants in containers are watered with groundwater pursuant to subsection B of this section and one certificate for those certificated acres on which groundwater is used for an irrigation use. If the director separates a certificate of irrigation grandfathered right into two certificates pursuant to this subsection,  the certificated acres associated with each certificate shall be considered a separate farm for purposes of subsection E of this section. The director may not separate a certificate of irrigation grandfathered right into two certificates pursuant to this subsection if it would result in the issuance of a certificate of irrigation grandfathered right with less than two certificated acres.
G. For the purposes of this section,  " certificated acres"  means the acres described on the certificate of irrigation grandfathered right.
2023 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.
2023 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.
2023 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.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-471 - Use of type 2 non-irrigation grandfathered right by owner

45-471.
Use of type 2 non-irrigation grandfathered right by owner
A. The owner of a type 2 non-irrigation grandfathered right pursuant to section 45-464 may use groundwater withdrawn pursuant to the right for any non-irrigation purpose at any location,  subject to the provisions governing transportation of groundwater in article 8 of this chapter,  except that,  if the right is based on withdrawals of groundwater:
1. For the extraction or processing of minerals,  the owner may use groundwater withdrawn pursuant to the right only for the purpose of mineral extraction or processing. For the purposes of this article,  mineral extraction and processing use of groundwater means all withdrawals and uses of groundwater related to a mining operation including compliance with applicable environmental controls.
2. For the generation of electrical energy,  the owner may use groundwater withdrawn pursuant to the right only for electrical energy generation.
B. The owner of a type 2 non-irrigation grandfathered right may withdraw groundwater pursuant to the right only from those wells listed on the certificate of grandfathered right.
C. The owner of a type 2 non-irrigation grandfathered right may request the director to issue a revised certificate to reflect new or additional points of withdrawal. If a proposed new or additional point of withdrawal is a well that was drilled pursuant to a permit or notice of intention to drill filed after June 12,  1980,  the owner shall demonstrate that the proposed withdrawals will not cause unreasonably increasing damage to surrounding land or other water users,  and in the Santa Cruz active management area,  that the proposed withdrawals will be consistent with the management plan for the active management area.
D. If a type 2 non-irrigation grandfathered right is leased,  the lessee may use groundwater withdrawn pursuant to the right subject to subsections A,  B and C of this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-473.01 - Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473

45-473.01.
Conditions on using groundwater withdrawn pursuant to rights acquired under sections 45-472 and 45-473
A person to whom an irrigation grandfathered right is conveyed for a non-irrigation use after the effective date of this section pursuant to section 45-472 or a person to whom a type 1 non-irrigation grandfathered right is conveyed after the effective date of this section pursuant to section 45-473 shall use the groundwater withdrawn pursuant to the right on the land to which the right is appurtenant or on any other land in the same active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-474 - Conveyance of type 2 non-irrigation grandfathered right; amount

45-474.
Conveyance of type 2 non-irrigation grandfathered right;  amount
A. The owner of a type 2 non-irrigation grandfathered right may convey the right for any non-irrigation use,  except that:
1. A type 2 non-irrigation grandfathered right that is used for purposes of mineral extraction or processing may be conveyed only for a mineral extraction or processing use.
2. A type 2 non-irrigation grandfathered right that is used for purposes of electrical energy generation may be conveyed only for an electrical energy generation use.
3. A type 2 non-irrigation grandfathered right in a subsequent active management area that is used for purposes of demonstrating and providing an assured water supply pursuant to section 45-576 in an initial active management area may be conveyed only for the same use and only with the approval of the director. The director shall not withhold approval of a conveyance under this paragraph if the right is no longer needed to provide the assured water supply that it was used to demonstrate.
B. A type 2 non-irrigation grandfathered right may not be conveyed for an irrigation use.
C. If a type 2 non-irrigation grandfathered right is conveyed,  the full amount of the right is conveyed.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-475 - Determination of exterior boundaries of service area for purposes of conveyances

45-475.
Determination of exterior boundaries of service area for purposes of conveyances
For purposes of conveyances of irrigation grandfathered rights and type 1 non-irrigation grandfathered rights,  whether land to which the right is appurtenant is within the exterior boundaries of the service area of a city,  town or private water company shall be determined as of the date of the closing of the conveyance transaction according to the most current map of the service area of the city,  town or private water company available for public inspection on that date as required by section 45-498:
1. In the city clerk's office for a city.
2. In the town clerk's office for a town.
3. In the appropriate county recorder's office for a private water company.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-476.01 - Late applications for certificates of grandfathered rights; definition

45-476.01.
Late applications for certificates of grandfathered rights;  definition
A. A person who claims the right to withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered right and who failed to file an application on or before July 1,  1983 as required by law may file a late application for a certificate of grandfathered right pursuant to this section on a form provided by the department.
B. A late application for a certificate of grandfathered right shall include the information required in section 45-476. The fee for filing a late application is one hundred dollars. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received under this subsection in the water resources fund established by section 45-117.
C. The director shall review each late application for a certificate of grandfathered right submitted pursuant to this section and may conduct such investigations as the director deems necessary to determine whether the information contained in the application is correct and sufficient to issue a certificate.
D. A person who files a late application for a certificate of grandfathered right pursuant to this section has the burden of establishing by clear and convincing evidence that the necessary statutory requirements for issuing the certificate of grandfathered right have been met.
E. The director's decision on a late application for a certificate of grandfathered right submitted pursuant to this section,  is subject to administrative review. A person aggrieved by the director's decision is not entitled to an administrative hearing. A final decision of the director approving or denying the application is not subject to judicial review.
F. If the director,  after reviewing a late application,  determines that the statutory requirements for issuing the certificate of grandfathered right have been met,  the director shall issue a certificate of grandfathered right to the applicant pursuant to section 45-481. A holder of a certificate of grandfathered right issued pursuant to this section has the same rights and duties as all other holders of certificates of grandfathered rights.
G. Notwithstanding section 41-1092.02,  subsection D,  this section is not subject to title 41,  chapter 6,  article 10.
H. For the purposes of this article,  " late application for a certificate of grandfathered right"  means an application that is filed after July 1,  1983 for a certificate of grandfathered right to withdraw or receive and use groundwater in an initial active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-477 - Right to withdraw, receive or use groundwater in an initial active management area

45-477.
Right to withdraw,  receive or use groundwater in an initial active management area
A person shall not withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered right unless the certificate of grandfathered right has been issued or the application for the certificate of grandfathered right has been filed and is the subject of administrative or judicial review.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-477.01 - Waiver and relinquishment of grandfathered rights in a subsequent active management area

45-477.01.
Waiver and relinquishment of grandfathered rights in a subsequent active management area
A person who claims the rights to withdraw or receive and use groundwater in a subsequent active management area pursuant to a grandfathered right but who fails to file an application for a certificate of grandfathered right as provided in this article is deemed to waive and relinquish any right to withdraw or receive and use groundwater pursuant to this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-478 - Notice of requirement to apply for certificate of grandfathered right

45-478.
Notice of requirement to apply for certificate of grandfathered right
A. Within ninety days of the date of the designation of an active management area,  the director shall give notice of the requirement to apply for a certificate of grandfathered right to the clerk of the board of supervisors of the county or counties in which the active management area is located and to the mayor of each city or town,  to each private water company and to the presiding officer of each political subdivision established pursuant to title 48,  chapter 17,  18,  19 or 20 located in the active management area.
B. The director shall mail by January 1,  following the date of the designation of the active management area,  a copy of a written notice of the requirement to apply for a certificate of grandfathered right to each owner of real property within the active management area listed on the tax rolls of the county,  except owners of real property located in vacant subdivisions or located within the service areas of cities,  towns and private water companies,  along with a declaration that it is the duty of the recipient to forward the notice to the beneficial owner of the property. The notice shall include a statement that a person who fails to apply for a certificate of grandfathered right within an active management area waives and relinquishes any right to withdraw or receive and use groundwater pursuant to a grandfathered right.
C. The director shall also notify owners of real property located within service areas of cities,  towns and private water companies and irrigation districts who utilize their own well,  according to the registration of the well pursuant to article 10 of this chapter. The director may extend for a reasonable time the deadline for applications under this subsection.
D. The director may also give written notice in any other manner which will carry out the purposes of this section.
E. The provisions of this section shall not apply to the Santa Cruz active management area.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-479 - Registry of applications; written objections; request for hearing

45-479.
Registry of applications;  written objections;  request for hearing
A. The director shall establish a registry of all applications received for a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right for each active management area. After the deadline for the filing of applications for a certificate of grandfathered right has passed,  the director shall notify all applicants for a certificate of grandfathered right that the registry is available in the offices of the department for public inspection during regular business hours.
B. Within one hundred eighty days of the date of the notice required by subsection A of this section,  any person residing in the active management area may file a written objection to any application for a certificate of grandfathered right and may request a hearing on the application. Objections may be made only on the basis that the information in the application is incorrect or is insufficient to issue a certificate.
C. This section does not apply to late applications for certificates of grandfathered rights filed pursuant to section 45-476.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-481 - Issuance of certificates; contents; recordation

45-481.
Issuance of certificates;  contents;  recordation
A certificate of grandfathered right shall be issued in recordable form and shall contain:
1. The name and mailing address of the person to whom the certificate is issued.
2. The active management area in which the withdrawal of groundwater is being or will be made.
3. The type of grandfathered right represented by the certificate.
4. If the certificate is for a type 1 non-irrigation grandfathered right,  the amount of the right and the legal description of the retired irrigated land to which the right is appurtenant.
5. If the certificate is for a type 2 non-irrigation grandfathered right,  the amount of the right.
6. If the certificate is for an irrigation grandfathered right,  the legal description of the irrigable land to which the right is appurtenant.
7. Where applicable,  the location of each well from which groundwater is being withdrawn pursuant to the right at the time the certificate is issued.
8. Such other pertinent information as the director may determine.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-482 - Registry of certificates of grandfathered right; reporting; definition

45-482.
Registry of certificates of grandfathered right;  reporting;  definition
A. The director shall establish and maintain a registry of certificates of grandfathered rights for each active management area. The registry shall include a copy of each certificate of grandfathered right in the active management area and such other pertinent information as the director determines is necessary.
B. Except as provided in subsection D of this section,  a person to whom a certificate of grandfathered right is issued shall notify the director of a change in name or mailing address or a conveyance of the grandfathered right pursuant to sections 45-472 through 45-474. Except as provided in subsection D of this section,  a person to whom a grandfathered right is conveyed shall notify the director of the conveyance and shall furnish information as required by the director to keep the registry current and accurate. The director shall have continuing jurisdiction and shall issue revised certificates as necessary.
C. The director may require holders of certificates of grandfathered rights to file additional information with the annual report required by section 45-632 as necessary to keep the registry current and accurate. For purposes of this article,  " holder"  means a person to whom a certificate of grandfathered right is issued or a person to whom a grandfathered right is conveyed.
D. A holder of a certificate of irrigation grandfathered right is exempt from a notification requirement in subsection B of this section for the irrigation grandfathered right if the irrigation grandfathered right was appurtenant to ten or fewer irrigation acres at the time of the event for which the notification is required unless one of the following applies:
1. The land to which the irrigation grandfathered right is appurtenant is part of an integrated farming operation.
2. Groundwater is withdrawn from the land to which the irrigation grandfathered right is appurtenant and delivered for use pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45-563.02.
3. Groundwater is withdrawn from land that is both owned by the holder of the certificate of irrigation grandfathered right and contiguous to the land to which the irrigation grandfathered right is appurtenant and delivered for use pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section 45-563.02.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-491 - Scope of article

45-491.
Scope of article
A. In an active management area,  a city,  town,  private water company or irrigation district may withdraw groundwater only pursuant to this article,  except as provided by a grandfathered right and except as otherwise provided in this section.
B. An irrigation district engaged in generating,  transmitting and distributing electricity on June 12,  1980 may withdraw groundwater pursuant to a groundwater withdrawal permit issued under article 7 of this chapter.
C. A city,  town or private water company may withdraw groundwater pursuant to a poor quality groundwater withdrawal permit issued under section 45-516.
D. An irrigation district or a private water company organized primarily for irrigation purposes may withdraw groundwater pursuant to a drainage water withdrawal permit issued under section 45-519.
E. A city,  town,  private water company or irrigation district may withdraw groundwater pursuant to a hydrologic testing permit issued under section 45-519.01.
F. A city,  town,  private water company or irrigation district may use the groundwater withdrawn pursuant to a groundwater withdrawal permit only for the specific purpose for which the permit is issued. Any withdrawals of groundwater by a city,  town,  private water company or irrigation district pursuant to a groundwater withdrawal permit issued under article 7 of this chapter shall not give rise to any other right to withdraw groundwater under this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-492 - Withdrawals by cities, towns and private water companies within service areas; contract to supply groundwater

45-492.
Withdrawals by cities,  towns and private water companies within service areas;  contract to supply groundwater
A. Except as provided in subsection D of this section,  in an active management area,  a city,  town or private water company shall have the right to withdraw and transport groundwater within its service area for the benefit of landowners and residents within its service area,  and the landowners and residents are entitled to use the groundwater delivered,  subject to:
1. Articles 8 and 8.1 of this chapter relating to transportation of groundwater.
2. Conservation requirements developed by the director pursuant to article 9 of this chapter.
3. Section 45-493,  subsection D.
B. Claims of landowners to irrigation grandfathered rights or type 1 or 2 non-irrigation grandfathered rights shall be subject to article 5 of this chapter.
C. A city,  town or private water company may contract to supply groundwater to a city,  town or private water company in the same active management area if it is consistent with the management plan for the active management area and section 45-576 and is approved by the director.
D. In an active management area,  a city,  town or private water company whose service area has qualified as a member service area under title 48,  chapter 22,  or as a water district member service area under title 48,  chapter 28,  has the right to withdraw and transport groundwater within its service area for the benefit of landowners and residents within its service area,  and the landowners and residents are entitled to use the groundwater delivered,  subject to subsection A of this section and,  to the extent the groundwater delivered is considered excess groundwater as defined and used in title 48,  chapter 22 or 28,  as applicable,  subject to the payment by the city,  town or private water company of the replenishment tax levied from time to time by a conservation district under title 48,  chapter 22,  or a water district under title 48,  chapter 28,  whichever is applicable. A city,  town or private water company shall be deemed to have failed to pay the replenishment tax only if the conservation district or the water district provides notice to the department of a delinquency in the payment of the replenishment tax pursuant to section 48-3781,  subsection G or section 48-4982,  subsection G,  as applicable.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-493 - Limitations on extensions of service areas; prohibition on formation of private water company for irrigation purpose; prohibition on service without payment of tax

45-493.
Limitations on extensions of service areas;  prohibition on formation of private water company for irrigation purpose;  prohibition on service without payment of tax
A. In an active management area,  the service area of a city,  town or private water company may not be extended primarily for any of the following purposes:
1. Including a well field within the service area.
2. Furnishing disproportionately large amounts of water to an industrial or any other large water user unless it is consistent with the management plan for the active management area and is approved by the director.
3. Including irrigation acres within the exterior boundaries of the service area to extinguish the right to convey irrigation grandfathered rights to a non-irrigation use.
B. Within an active management area,  a city,  town or private water company may not extend its service area for the purpose of withdrawing and distributing groundwater for irrigation purposes.
C. Subsequent to the date of the designation of the active management area,  a private water company may not be formed within an active management area to withdraw and distribute groundwater for irrigation purposes.
D. If a municipal provider whose service area has qualified as a member service area under title 48,  chapter 22 terminates water service to any portion of the service area and fails to pay the replenishment tax levied by a conservation district under title 48,  chapter 22 for that area,  another municipal provider shall not commence service of groundwater under section 45-492,  subsection A or D or section 45-494 to landowners and residents within that area without first making arrangements to pay all outstanding replenishment taxes to the conservation district. This subsection does not apply to the commencement of service of groundwater by an irrigation district to an industrial user under section 45-497. For the purposes of this subsection,  " municipal provider"  has the same meaning prescribed in section 45-561.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-494.01 - Addition and exclusion of area by irrigation districts in initial active management areas

45-494.01.
Addition and exclusion of area by irrigation districts in initial active management areas
A. In an initial active management area,  an irrigation district established pursuant to title 48,  chapter 19 existing and engaged in the withdrawal,  delivery and distribution of groundwater as of January 1,  1977 may add to the service area of the district acres of land which have irrigation grandfathered rights to replace other lands that have irrigation grandfathered rights of similar area for the purpose of maintaining the same acreage as of June 12,  1980,  if both of the following apply:
1. The added and excluded acres are outside the exterior boundaries of the service area of an incorporated city or town.
2. The added and excluded acres are either within the franchised area of a private water company or are contiguous to the franchised area of a private water company designated as having an assured water supply pursuant to section 45-576,  subsection D and the contiguous acres may,  in the judgment of the director,  be added without adversely affecting the assured water supply of the private water company.
B. No greater quantity of water may be transported annually to the added acres than the annual stored surface water allotment for that year. For purposes of this section,  store surface water does not include central Arizona project allotment water. This section does not prohibit the transportation to the added acres of any quantity of floodwater or effluent available in addition to the stored surface water allotment.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-495 - Withdrawals and transportations by irrigation districts within subsequent active management areas

45-495.
Withdrawals and transportations by irrigation districts within subsequent active management areas
In a subsequent active management area established pursuant to section 45-412:
1. An irrigation district existing and engaged in the withdrawal,  delivery and distribution of groundwater as of the date of the designation of the active management area shall have the right,  subject to section 45-496:
(a) To withdraw and transport groundwater within its service area for the benefit of landowners within its service area,  and the landowners are entitled to use the groundwater delivered,  provided claims of landowners to irrigation grandfathered rights or type 1 or 2 non-irrigation grandfathered rights shall be subject to the provisions of article 5 of this chapter.
(b) If legally withdrawing and transporting groundwater from outside its service area for use within its service area as of the date of designation of the active management area,  to continue to withdraw and transport the amount of groundwater legally being withdrawn as of the date of the designation of the active management area.
2. An irrigation district which was not engaged in the withdrawal,  delivery and distribution of groundwater as of the date of the designation of the active management area shall be limited to the right,  subject to section 45-496,  to:
(a) Contract for surface water and deliver and distribute such water within its service area for irrigation purposes.
(b) Contract to purchase,  deliver and distribute effluent within its service area for irrigation purposes.
(c) Withdraw,  deliver and distribute within its service area the amount of groundwater allowed by the current irrigation water duty of each member farm multiplied by the water duty acres in that farm,  less any portion of such amount withdrawn by individual members.
(d) Continue but not expand any non-irrigation water service being lawfully provided as of the date of the designation of the active management area,  except as provided in section 45-497,  subsection B.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-496 - Applicability of general transportation provisions and conservation requirements

45-496.
Applicability of general transportation provisions and conservation requirements
Withdrawals and transportation of groundwater by an irrigation district pursuant to this article are subject to:
1. The provisions of articles 8 and 8.1 of this chapter relating to transportation of groundwater.
2. Conservation requirements developed by the director pursuant to article 9 of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-497 - Withdrawal of groundwater by irrigation districts for municipal or industrial purposes

45-497.
Withdrawal of groundwater by irrigation districts for municipal or industrial purposes
A. This article shall not be construed to enlarge the authority of an irrigation district to withdraw and distribute groundwater for municipal or industrial purposes.
B. An industrial user may not obtain groundwater delivery service from an irrigation district in excess of the amount it was entitled to receive on the date of the designation of the active management area unless the industrial user has acquired a grandfathered right or has obtained a general industrial use permit pursuant to section 45-515. An industrial user that has been issued a general industrial use permit pursuant to section 45-515 may,  at any time,  elect to receive groundwater from an irrigation district in the amount specified in the permit if:
1. The director approves the delivery of such groundwater.
2. The irrigation district agrees to deliver such groundwater.
3. The industrial use is located within the exterior boundaries of the service area of the irrigation district.
4. The terms of the permit are modified pursuant to section 45-525.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-498 - Maps of service areas

45-498.
Maps of service areas
A. Each city,  town,  private water company and irrigation district in an active management area shall maintain a current map clearly delineating its service area and distribution system in the director's office and shall furnish such other related data as the director may require. In addition:
1. Each city and town shall maintain a current map of its service area and distribution system in its city or town clerk's office.
2. Each private water company and irrigation district shall maintain a current map of its service area and distribution system in its offices.
B. All maps required by this section shall be available for examination by the public at reasonable times.