45-172.02. Impediments to efficient irrigation; substitution of acres; definitions

355 words·~2 min read·/az/title-45/45-172-02

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 are contiguous and that may be irrigated may permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres if the owner notifies the director that all of the following apply:

1. A limiting condition associated with the acres to be retired from irrigation substantially impedes implementing efficient irrigation practices on the irrigated acres.

2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate implementing efficient irrigation practices.

3. The substitute acres are within the same farm unit under common ownership as the irrigated acres that will not be retired.

4. If the acres to be retired are located within the exterior boundaries of an irrigation district, the substitute acres must be located within the exterior boundaries of the same irrigation district.

5. The area of land within the substitute acres that is physically capable of being irrigated at the time the notice of 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 notice of substitution of acres is filed.

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. "Limiting condition" means any condition that limits the achievement of efficient irrigation on the irrigated acres, including irregularly shaped irrigated acres and poor quality soils.