Terms Used In Arizona Laws > Title 11 > Chapter 1 > Article 4 - Change of County Seat

• Accounting period: means the calendar year, except such other twelve-month period as may be otherwise agreed on by the director and the owner of a farm or a district on behalf of its landowners. See Arizona Laws 45-402
• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal industry use: means the production, growing and feeding of livestock, range livestock or poultry, as such terms are defined in section 3-1201. See Arizona Laws 45-402
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Appropriator: means the person or persons initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest. See Arizona Laws 45-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Community water system: means a public water system that serves at least fifteen service connections used by year-round residents of the area served by the system or that regularly serves at least twenty-five year-round residents of the area served by the system. See Arizona Laws 45-341
• Conservation district: means a multi-county water conservation district established under Title 48, Chapter 22. See Arizona Laws 45-402
• Consumptive use: means , for any water user for any program year, the consumptive use as recorded in the final accounting for the most recent calendar year for which a final accounting is available, or if none is recorded, the amount of diversions so recorded. See Arizona Laws 45-331
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Date of the designation of the active management area: means :

  (a) With respect to an initial active management area, June 12, 1980. See Arizona Laws 45-402

• Dependent: A person dependent for support upon another.
• Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
• Domestic use: means a single appropriative water right serving a residence, or multiple residences up to a maximum of three residential connections, for household purposes with associated irrigation of lawns, gardens or landscape in an amount of not more than one-half acre per residence. See Arizona Laws 45-251
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Farm: means an area of irrigated land that is under the same ownership, that is served by a water distribution system common to the irrigated land and to which can be applied common conservation, water measurement and water accounting procedures. See Arizona Laws 45-402
• Farm unit: 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, one or more farms that are irrigated with groundwater and that are contiguous or in proximity to each other with similar soil conditions, crops and cropping patterns. See Arizona Laws 45-402

• Final accounting: means , for any calendar year, the United States bureau of reclamation's final compilation of records of Colorado river diversions, return flows and consumptive uses for the year, compiled pursuant to article V(b) of the decree of the United States supreme court in Arizona v. See Arizona Laws 45-331
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• General adjudication: means an action for the judicial determination or establishment of the extent and priority of the rights of all persons to use water in any river system and source. See Arizona Laws 45-251
• Grandfathered right: means a right to withdraw and use groundwater pursuant to article 5 of this chapter based on the fact of lawful withdrawals and use of groundwater before the date of the designation of an active management area. See Arizona Laws 45-402
• 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
• Groundwater basin: means an area that, as nearly as known facts allow as determined by the director pursuant to this chapter, may be designated so as to enclose a relatively hydrologically distinct body or related bodies of groundwater, which shall be described horizontally by surface description. See Arizona Laws 45-402
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Initial active management area: means the Phoenix, Prescott or Pinal active management area established by section 45-411, the Tucson active management area established by section 45-411 and modified by Section 45-411. See Arizona Laws 45-402
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Irrigation district: means a political subdivision, however designated, established pursuant to Title 48, Chapter 17 or 19. See Arizona Laws 45-402
• Irrigation grandfathered right: means a grandfathered right determined pursuant to section 45-465. See Arizona Laws 45-402
• 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

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Large community water system: means a community water system that serves water to more than one thousand eight hundred fifty persons. See Arizona Laws 45-341
• Law clerk: Assist judges with research and drafting of opinions.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member land: means real property that qualifies as a member land of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
• Member service area: means the service area of a city, town or private water company that qualifies as a member service area of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Non-irrigation grandfathered right: means a grandfathered right determined pursuant to section 45-463, 45-464, 45-469 or 45-472. See Arizona Laws 45-402
• Non-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, a use of groundwater other than an irrigation use. See Arizona Laws 45-402

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Person: means an individual, a partnership, a corporation, a municipal corporation, the state of Arizona or any political subdivision, the United States of America, an Indian tribe or a community or any other legal entity, public or private. See Arizona Laws 45-251
• person: means an individual, public or private corporation, company, partnership, firm, association, society, estate, 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 the United States, this state or any other state. See Arizona Laws 45-291
• 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 45-311
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Plumbing fixture: means a lavatory faucet, lavatory faucet replacement aerator, kitchen faucet, kitchen faucet replacement aerator, shower head, urinal, water closet, evaporative cooler or decorative fountain. See Arizona Laws 45-311
• Potential claimant: means all persons claiming water rights or on whose behalf claims to water rights are asserted. See Arizona Laws 45-251
• Prior decree: means any judgment or decree that is entered by a court of competent jurisdiction and that applies to the water right claim or use that is subject to adjudication. See Arizona Laws 45-251
• Prior filing: means a notice of appropriation recorded with the county recorder or the recorder's predecessor, an application to appropriate filed pursuant to section 45-152, a statement of claim filed pursuant to article 7 of this chapter or a claim of water right filed pursuant to article 10 of this chapter, any or all of which reasonably relate to the water right claim or use that is subject to adjudication. See Arizona Laws 45-251
• 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

• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• program: means the cooperative effort among agencies of the federal government and agencies and political subdivisions of the states of Arizona, California and Nevada and other local public and private parties with a common interest in the water and related resources of the lower Colorado river, including the historic floodplain and reservoirs to the full pool elevations, to provide the basis for compliance with sections 7 and 10(a)(1)(B) of the endangered species act of 1973 (P. See Arizona Laws 45-331
• Program year: means the twelve month period beginning October 1 of any calendar year and ending September 30 of the following calendar year. See Arizona Laws 45-331
• Property: includes both real and personal property. See Arizona Laws 1-215
• PSI: means pounds per square inch of water pressure. See Arizona Laws 45-311
• Public water system: means an entity that distributes or sells water and that qualifies as a public water system under section 49-352, subsection B. See Arizona Laws 45-341
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registered mail: includes certified mail. See Arizona Laws 1-215
• residential dwelling: means buildings used for temporary or permanent human habitation, including single family residences and accessory guest houses, multi-family dwellings, townhouses, condominiums, apartments, the sleeping quarters of hotels and motels, dormitories and group housing units. See Arizona Laws 45-311
• River system and source: means all water appropriable under section 45-141 and all water subject to claims based on federal law. See Arizona Laws 45-251
• 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

• Service of process: The service of writs or summonses to the appropriate party.
• Small community water system: means a community water system that does not qualify as a large community water system. See Arizona Laws 45-341
• Small water use claim: means any claim for a stockpond, stock watering use or water well that is identified in a statement of claimant filed in the adjudication pursuant to section 45-254 and the claim is for any of the following specific conditions:

  (a) A stockpond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife and that contains water that is appropriable under section 45-141, subsection A. See Arizona Laws 45-251

• Stock watering use: means the consumption of water by livestock and wildlife, either:

  (a) Directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream. See Arizona Laws 45-251

• Stockpond: means an on-channel or off-channel impoundment of any size that stores water that is appropriable under section 45-141, subsection A and that is for the sole purpose of watering livestock and wildlife. See Arizona Laws 45-251
• stockpond: means a pond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife. See Arizona Laws 45-271
• Stored water: means water that is stored underground for the purpose of recovery pursuant to a permit issued under chapter 3. See Arizona Laws 45-402
• Subsequent active management area: means an active management area established after June 12, 1980 pursuant to article 2 of this chapter. See Arizona Laws 45-402
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transportation: means the movement of groundwater from the point of withdrawal to the point of use. See Arizona Laws 45-402
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Urinal: means a fixture that consists of a water flushed bowl, and any associated flush valve, and that is used for the disposal of human urine. See Arizona Laws 45-311
• Water closet: means a fixture that consists of a water flushed bowl, and any associated flush valve, and that is used for the disposal of all wastes from the human body. See Arizona Laws 45-311
• Water district: means an active management area water district that is established under Title 48, Chapter 28 and that has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations as defined and used in Title 48, Chapter 28, Article 7. See Arizona Laws 45-402
• Water district member land: means real property that qualifies as water district member land of a water district as provided by Title 48, Chapter 28. See Arizona Laws 45-402
• Water district member service area: means the service area of the city, town or private water company that qualifies as a water district member service area of a water district as provided by title 48, chapter 28. See Arizona Laws 45-402
• Well: means a man-made opening in the earth through which water may be withdrawn or obtained from beneath the surface of the earth except as provided in Section 45-591. See Arizona Laws 45-402
• Writing: includes printing. See Arizona Laws 1-215