Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
Unless the context
				  otherwise requires, a word, term, or phrase that is defined in A.R.S. Title 27,
				  Chapter 2 or Title 37 has the same meaning when used in this Chapter.
Except as otherwise
				  stated, the following definitions of words, terms, and phrases apply to this
				  Chapter.
1. "Best interest of the
				state" means best interest of the Trust.
2. "Common mineral materials and products"
				means cinders, sand, gravel and associated rock, fill-dirt, common clay,
				disintegrated granite, boulders and loose float rock, waste rock, and materials
				of similar occurrence commonly used as aggregate road material, rip-rap,
				ballast, borrow, or fill for general construction and similar
				purposes.
3. "Contiguous" means two
				parcels of land that have at least part of one side in common or have a corner
				touching.
4. "Grantee" means the
				holder of a right-of-way and includes the holder of an approved assignment of a
				right-of-way other than an assignment for the purpose of granting a security
				interest.
5.
				"Lease" means any validly executed document that entitles the lessee to surface
				or subsurface use or occupancy of State land excluding an assignment for the
				purposes of granting a security interest.
6. "Lessee" means the
				holder of a lease excluding an assignment for the purpose of granting a
				security interest.
7. "Lessor" means the Department.
8.
				"Natural product" means any material or substance occurring in its native state
				that when extracted, is subject to depletion and includes water, vegetation,
				common mineral products and materials that are severable from the land, except
				geothermal resources and those substances subject to the mineral exploration
				permit and mineral leasing laws of this State.
9. "Non-conflicted
				application" means an application for the use of State land that is not
				conflicted by one or more applications for the same use of the land filed
				within the time-frame for a conflicting application to be filed under A.R.S.
				§
									37-284.
10.
				"Party" means a person or agency named or admitted as a party in a proceeding
				or someone seeking to intervene and may include the Department.
11.
				"Permit" means any Department-issued document that entitles the permittee to
				surface or subsurface use or occupancy of State land, excluding an assignment
				for the purposes of granting a security interest.
12. "Permittee" means
				the holder of a permit excluding an assignment for the purpose of granting a
				security interest.
13. "Person" has the
				same meaning as prescribed in A.R.S. §
									1-215.
14.
				"Public Records" means the area designated by the Commissioner within the
				offices of the Department for the submission of all documents to be filed with
				the Department.
15. "Right-of-way"
				means a right of use and passage over, through, or beneath the surface of State
				land, for an express purpose and or to travel to a specific location.
16.
				"Special Land Use Permit" means a Department-issued document that entitles a
				permittee to occupy or use State lands for an express purpose, not otherwise
				expressly provided for by law, and for a specific duration.
17.
				"Sublease" means an agreement; approved by the Commissioner, except when it is
				not expressly required in a Lease to be pre-approved, between a lessee and a
				third person to lease the property where the lessee retains an interest in the
				lease.