§ 45-474 — Conveyance of type 2 non-irrigation grandfathered right; amount

Arizona § 45-474

• Jurisdiction: Arizona
• Title 45: Arizona Revised Statutes
• Ch. 2: GROUNDWATER CODE
• Art. 5: Grandfathered Groundwater Rights in Active Management Areas

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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.