FLOOD00213 - Laserfiche WebLink

Home Browse Search

. . Like an irrigation grandfathered right, a Type 1 right may be sold only with the land to which it is appurtenant. Once sold, a Type 1 right is more restricted; the new owner only can withdraw the water from the land to which the right is appurtenant, though the water withdrawn still can be used, under certain circumstances, either on~r off the associated land. The law regarding inter-basin transfe.r of water pumped pursuant to a Type 1 right recently was amended such that no one purchasing Type 1 rights may transport water pumped pursuant to those water rights out of that AHA if the rights were acquired after April 18, 1986. However, water pumped pursuant to IGRs acquired for the purpose of subsequently converting them to Type 1 rights under the "Development Plan" provisions of the law (ARS 45-469) still may be transported out of the AHA. Transportation of groundwater withdrawn under' a Type 1 right is not subject to payment of damages even if the pumping adversely affects adjacent groundwater users. The quantity of groundwater that can be pumped annually pursuant to a Type 1 right is fixed at the time of conversion from an IGR and is equal to either three acre-feet per acre or an estimate (using a particular formula) of the average water consumed before the land was retired, whichever is less. Tvoe 2 Non-irriEation Grandfathered RiEhts, A Type 2 right is based on historical pumping of groundwater for uses other than crop irrigation such as for livestock, golf course, or industrial purposes. Unlike an irrigation or Type 1 right, a Type 2 right is not appurtenant to any land and may be sold or leased for some non-irrigation purpose within the same AHA. The point of withdrawal may be changed as long as it remains within the same AHA. The whole Type 2 right or a portion of the right may be leased; if sold, however, the right must be sold in its entirety. Transportation of water withdrawn under a Type 2 right across basin or sub-basin boundaries is, unlike Type 1 rights, subject to the payment of damages. Service Area RiEhts. Service area rights permit cities, towns, private water companies, and irrigation districts to withdraw groundwater to serve their customers, The service area right is an unquantified right limited only by the ADWR management plans which contain specific water conservation requirements aimed at achieving the management goals established for the AMAs. Service area rights are transferable when, for example, a city purchases a private water company and pumps pursuant to the former water company's service area right. Groundwater withdrawn under a service area right may be transported to any point within the service area,though transport across basin or sub-basin boundaries is subject to the payment of damages. SURFACE WATER TRANSFERS Under Arizona law, surface water belongs to the public and is subject to private appropriation with the approval of the Director of the ADWR. Under Arizona's prior appropriation system, a permanent water right is granted to those who first appropriate surface waters. A surface water right is established and maintained by the diversion and application of water to a specific beneficial use. If appropriated surface water goes unused for five consecutive years the right may be forfeited and become available to new appropriators. ::3