45-1001. Definitions

224 words·~1 min read·/az/title-45/45-1001

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Unless the context otherwise requires, the terms defined in section 45-402 have the same meaning in this chapter and:

1. "Applicant" means a person who applies for a water exchange permit pursuant to section 45-1041.

2. "Holder" means a person to whom a water exchange permit is issued under section 45-1041 or a person to whom the permit is conveyed.

3. "Indian community" means an Indian community organized under section 16 or 17 of the Indian reorganization act (48 Stat. 984; 25 United States Code section 461 et seq.).

4. "Participant" means a person who participates in a water exchange subject to the water exchange notice provisions of article 4 of this chapter.

5. "Party" means a person or Indian community that has entered into a water exchange contract or that is a successor in interest to such a person or Indian community.

6. "Water exchange" means a trade between one or more persons, or between one or more persons and one or more Indian communities, of any water for any other water, if each party has a right or claim to use the water it gives in trade. This definition applies whether or not water is traded in equal amounts or other consideration is included in the trade.

7. "Water exchange contract" means a valid written or oral contract for a water exchange.