Arizona Laws 45-437.02. Flood damaged acres; substitution of acres; definitions
A. In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same irrigation non-expansion area if the owner demonstrates to the director‘s satisfaction that all of the following apply:
Terms Used In Arizona Laws 45-437.02
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Irrigation non-expansion area: means a geographical area that has been designated pursuant to article 3 of this chapter as having insufficient groundwater to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of withdrawal. See Arizona Laws 45-402
- Irrigation use: 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, the use of groundwater on two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such terms are defined in section 3-1201. See Arizona Laws 45-402
- Person: means an individual, public or private corporation, company, partnership, firm, association, society, estate or trust, any other private organization or enterprise, the United States, any state, territory or country or a governmental entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state. See Arizona Laws 45-402
1. The legally 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. For purposes of this section:
1. "Floodwaters" means a temporary and erosive overflow of waters on lands not normally covered by water which occurred after January 1, 1975.
2. "Legally irrigated acres" means acres which may be irrigated pursuant to section 45-437.