A. In an initial active management area, an irrigation district established pursuant to Title 48, Chapter 19 existing and engaged in the withdrawal, delivery and distribution of groundwater as of January 1, 1977 may add to the service area of the district acres of land which have irrigation grandfathered rights to replace other lands that have irrigation grandfathered rights of similar area for the purpose of maintaining the same acreage as of June 12, 1980, if both of the following apply:

Terms Used In Arizona Laws 45-494.01

  • Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • Effluent: means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to Title 49, Chapter 2. See Arizona Laws 45-101
  • Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
  • Irrigation district: means a political subdivision, however designated, established pursuant to Title 48, Chapter 17 or 19. See Arizona Laws 45-402
  • Private water company: means :

    (a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, any entity that distributes or sells groundwater, except a political subdivision or an entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. See Arizona Laws 45-402

  • Service area: means :

    (a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:

    (i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402

  • Surface water: means the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. See Arizona Laws 45-101
  • town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
  • Transportation: means the movement of groundwater from the point of withdrawal to the point of use. See Arizona Laws 45-402

1. The added and excluded acres are outside the exterior boundaries of the service area of an incorporated city or town.

2. The added and excluded acres are either within the franchised area of a private water company or are contiguous to the franchised area of a private water company designated as having an assured water supply pursuant to section 45-576, subsection D and the contiguous acres may, in the judgment of the director, be added without adversely affecting the assured water supply of the private water company.

B. No greater quantity of water may be transported annually to the added acres than the annual stored surface water allotment for that year. For purposes of this section, store surface water does not include central Arizona project allotment water. This section does not prohibit the transportation to the added acres of any quantity of floodwater or effluent available in addition to the stored surface water allotment.

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