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. . , ' Groundwater Vithdrllwn from Outside an AKA There are no quantified groundwater rights outside of an AHA. Instead, a landowner simply has the right to pump water underlying the land. The groundwater ~t be withdrawn for 'reaao~ble and beneficial" use--a fairly loose standard- -but aside from this standard there are no limitations on the amount withdrawn or on the p'llice of use. If water is transported across basin or sub-basin boundaries, however, the transporter is liable for any damages to neighboring rightholders shown to be caused by the transport. The virtual absence of restrictions on the withdrawal and transport of groundwater from lands outside AHAs stimulates interest in purchasing these lands for water farms. Water farm purchasers often plan to avoid potential damage claims by other groundwater users in the basin by buying large amounts of irrigated acreage and limiting withdrawals to historic consump- tive use. (Consumptive use is the total amount of groundwater withdrawn minus the amount which recharges into the aquifer.) In addition to avoiding damage claims, buying entire farms outside of AHAs assures that the pur- chasers will still be entitled to large quantities of water if at some future date their land is includecl within an AHA. Groundwater Yithdr8wn from Yithin an AHA A landowner within an AHA is not automatically granted the right to withdraw groundwater. In most instances, groundwater users within AHAs must have one of the following rights or permits to withdraw groundwater: grandfathered rights, withdrawal permits, service area rights, or storage and recovery permits. The transferability of groundwater within an AHA depends on the type of right to which the groundwater is associated. Irri"ation Grandfathered Riehts IIGRs\ , IGRs are quantified based on historic patterns of use and may not be sold apart from the associated land; in other words, the right is appurtenant to the land. The groundwater withdrawn under this right may be used only to irrigate the land to which the right pertains. In order to apply an IGR to a non-irrigation use it first must be converted to a Type 1 right. Tvoe 1 Non-i~ri"ation Grandfathered Ri"hts, A Type 1 right allows the owner of land which was retired from agriculture in anticipation of a non- irrigation purpose to retain entitlement to use water. A new Type 1 right is created by retiring and cotrl1erting an irrigation grandfathered right; once converted to a Type 1 right, the land associated with the right may never be returned to irrigation. Yith few exceptions, the irrigated land being retired must be located outside the service area of a city, town, or private water company. The rules governing Type 1 rights are complex. The original owner of a Type 1 right may withdraw the groundwater from the associated retired farmland for use at any location, for any permissible non-irrigation purpose, subject to limitations if the land is within a service area, either on or off the ASsociated land. The original owner also may withdraw the groundwater from a well that is not located on the retired farmland; however, in this case the water can only be used on the retired farmland associated with right. .;2-