§ 45-480 — Review of applications; investigations; hearings; final determination; judicial review

Arizona § 45-480

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

Text

A. Except as provided in subsection F of this section, the director shall review each application for a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right and may conduct such investigations as deemed necessary to determine whether the information contained in the application is correct and sufficient to issue a certificate or grant restoration. Except as provided in section 45-476, subsection C, in appropriate cases, including cases in which a written objection has been filed, an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary to determine whether the information contained in the application is correct and sufficient to issue a certificate or grant restoration. Thirty days prior to the date of the hearing, the director shall give notice of the hearing to the applicant and any person who has filed an objection to the application.

B. If the director determines that the information contained in the application is correct and is sufficient to issue a certificate of grandfathered right or restore a retired irrigation grandfathered right, the director shall issue a certificate of grandfathered right pursuant to section 45-481 or restore a retired irrigation grandfathered right to the applicant. If the director determines that the information contained in the application is incorrect or is insufficient to issue a certificate or grant restoration, the director may return the application specifically stating the reasons for its return. The applicant may reapply within thirty days of receipt of the returned application. A reapplication relates back to the filing of the original application but otherwise shall be treated as a new application.

C. If, before an administrative hearing, the director determines that the applicant is not entitled to a certificate of grandfathered right or a restoration of a retired irrigation grandfathered right or determines that the amount of a grandfathered right or a retired irrigation grandfathered right is less than that requested in the application, the director shall provide the applicant with notice and an opportunity for an administrative hearing.

D. The applicant or any person entering a proper objection to the application may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court in the county in which the irrigated land or the non-irrigation use is located.

E. This section does not apply to late applications for certificates of grandfathered rights filed pursuant to section 45-476.01.

F. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to section 45-576.02, subsection A, paragraph 1, the director shall withhold review of an application for a certificate for a type 1 non-irrigation grandfathered right appurtenant to land located in the district unless at the time the application is filed:

1. The director has determined that the district's plan for operation is consistent with achieving the management goal, according to section 45-576.03, subsection E, and the designation has not expired.

2. The master replenishment account, as established in section 45-858.01, does not have a debit balance in an amount in excess of the amount allowed under section 45-576.01, subsection A, paragraph 3.

G. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the active management area in which the use is located.