45-172.01. Flood damaged acres; substitution of acres; definitions

220 words·~1 min read·/az/title-45/45-172-01

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

A. Notwithstanding section 45-172, a person who owns acres of land that may be irrigated may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same farm unit under common ownership if the owner notifies the director that both of the following apply:

1. The 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. The substitution of acres as prescribed in this section does not affect the person's existing or vested rights to the use of water, except as to place of use, and any water diverted or used after the substitution of acres shall not exceed the vested rights to water that exist at the time of substitution.

C. The director shall post the notice prescribed by this section on the department's website.

D. For the purposes of this section:

1. "Farm unit" means one or more farms that are contiguous or in close proximity to each other, that are operated on a unitary basis and that are served water from the same water source by a water distribution system common to the irrigated land.

2. "Floodwaters" means a temporary and erosive overflow of waters on lands that are not normally covered by water.