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Arizona State Legislature
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Forty-ninth Legislature - First Regular Session
 
 
Title 37 - Public Lands
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Chapter 1 STATE AGENCIES AND OFFICERS
Article 1 State Land Department
37-101 Definitions
37-102 State land department; powers and duties
37-103 Seal of state land department
37-104 Power to make and accept conveyances of real property
37-105 Inclusion of state lands under reclamation projects and irrigation districts; assessments and charges
37-106 Federal reclamation trust fund
37-106.01 Power to contract for central Arizona project water for use on state lands; payment of costs; selling unallocated water; disposition of revenue from sale of central Arizona project water and water rights
37-107 Classification and appraisal fees; deposit in state general fund
37-108 Fees; accounts
37-109 Alternative payment methods
37-110 Due diligence fund; exemption; reversion
Article 2 State Land Commissioner
37-131 State land commissioner; appointment; term; removal; compensation
37-132 Powers and duties
37-133 Decisions of commissioner; filing; notice to persons in interest
Chapter 1.2 RESOURCE ANALYSIS DIVISION
Article 1 General Provisions
37-171 Definitions
37-172 Resource analysis division; administrator; employees; compensation; state cartographer
37-173 Duties
37-174 Powers
37-175 Information; cost
37-176 Revolving fund; source of monies; claims
37-177 Arizona geographic information council
37-178 Geospatial data sharing
Chapter 2 ADMINISTRATION OF STATE AND OTHER PUBLIC LANDS
Article 1 Selection
37-201 Examination and selection duties of commissioner
37-202 Selection board; powers and duties; distribution of central Arizona project water to state trust lands
37-203 Selection of lands; designation of land to institution or purpose; credit of receipts to specific funds
37-204 Advances for survey; repayment
37-205 Due diligence costs related to disposition of land
Article 2 Investigation, Classification and Appraisal
37-211 Investigations of and experiments on state lands to determine possible uses; reclassification
37-212 Classification of lands selected; reclassification
37-213 Board of appeals
37-214 Board of appeals; approval of participation contracts; appeal
37-215 Appeal from decision of commissioner or board of appeals
Article 2.1 Sale and Lease of State Lands for Public Education
37-221 Sale or lease of state lands for public education purposes
Article 3 Sale of State Lands
37-231 State lands subject to sale; rights reserved in lands sold; state lands not subject to sale; development agreements
37-232 Application to purchase state lands or for reimbursement for improvements; deposit
37-233 Sale of state lands; restriction on sale of timber land; expense of sale
37-234 Sale of agricultural lands without application; limitation on sales of agricultural lands
37-235 Subdivision of state lands for sale; size and price limitations
37-236 Order by department of sale of lands; sale at auction; cancellation of sale; appeal
37-236.01 Sale of lands suitable for conservation purposes and other purposes at single auction
37-237 Notice required for sale of lands or lands and improvements; publication
37-238 Procedure for sale; report of sale
37-239 Participation contracts; planning and disposition proposals
37-240 Limitations on amount of land one person may purchase
37-241 Terms of sale of state land; payment; interest rate
37-243 Payment of rent in arrears; payment for use of land
37-244 Certificate of purchase; conditions
37-245 Rights conferred by certificate of purchase; recording of certificate
37-246 Sale of natural products of lands by purchaser under certificate of purchase; disposition of proceeds; violation; classification
37-247; Version 2 Purchaser's default; forfeiture and cancellation of certificate of purchase; extension of time for payments
37-247 Purchaser's default; forfeiture and cancellation of certificate of purchase; extension of time for payments
37-249 Actions to rescind sales
37-250 Replacement of lost or destroyed certificate of purchase
37-251 Issuance of patents for state lands
37-252 Taxation of lands sold
37-253 Report to assessor
37-254 Cancellation of tax assessment on lands reverting to state
37-255 Sale of or mortgage or other lien on interest of lessee or holder of certificate of purchase
37-256 Application of provisions; east half of dry bed of Colorado river
37-257 Application for sale
37-258 Sale of rights in dry riverbed
37-258.01 Sale of development rights
37-259 Application as offer to settle dispute
37-260 Selling and administrative expenses
37-261 Authority to auction reversion rights
Article 4 Lease of State Lands
37-281 Lease of state lands for certain purposes without advertising; terms and conditions
37-281.01 Lease of state lands for grazing purposes; notice
37-281.02 Leasing state lands for commercial purposes for more than ten years
37-281.03 Leasing land along Colorado river from United States; subleasing requirements; limitations
37-281.04 Default of lease of state land; assignment to cities and towns
37-282 Duty of lessees to cooperate with state land department in making classifications and appraisals
37-282.01 Mass appraisals; notice; procedure; definitions
37-283 Subleases by grazing lessee; limitation upon grazing use; sublease surcharge
37-284 Conflicting short‑term lease applications; preference rights
37-285 Rental rates for grazing and other lands; grazing land valuation commission; reclassification and reappraisal; definitions
37-286 Execution of leases by land department; covenants; assignment of lease by lessee
37-286.01 Duty to exclude unauthorized livestock bond; damages; injunction
37-287 Reservation of rights in state land leases
37-288 Forfeiture of leases; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage
37-288.01 Disposition of personal property abandoned by lessee at the end of the lease; definitions
37-289 Procedure on cancellation of lease; notice, default, hearing and appeal
37-290 Cancellation of lease by reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments
37-291 Preferred rights to renewal of lease; exceptions; notification
37-294 Recovery of lands unlawfully held
37-295 Disposition of long‑term commercial lease prepayments; prepayment fund
Article 4.1 Protesting Auctions
37-301 Procedure for protesting auctions
Article 4.2 Trust Lands Suitable for Conservation
37-311 Definitions
37-312 Nominating and classifying trust land as suitable for conservation purposes
37-312.01 Access to private lands
37-313 Conservation lease of trust lands suitable for conservation; definition
37-314 Conveyance of title to trust lands suitable for conservation purposes
37-315 Withdrawing trust lands suitable for conservation purposes by department without lease or sale
37-316 Conservation advisory committee
37-317 Subordination to constitution and enabling act
Article 5 Improvements on State Lands
37-321 Permission required for person other than holder of certificate of purchase to make improvements; forfeiture for failure to obtain permission; report of improvements
37-321.01 Rights to water used on state land; definition
37-322 Basis for appraisal of improvements; reimbursements; amortization; reimbursement for irrigation or district assessments and levies; limitation
37-322.01 Reimbursement by succeeding lessee of lands not subject to auction for nonremovable improvements; failure to pay; penalty
37-322.02 Payment by purchaser or succeeding lessee for improvements on auctioned land
37-322.03 Improvements on state lands; taxation; disposition on termination of lease; statement of improvements
37-322.04 Accounting for improvements which become property of state
37-323 Permission required for construction on floodplains; criteria
37-324 Development or secondary plan; effect
Article 5.1 Urban Lands Development
37-331 Definitions
37-331.01 Designation of state lands as urban lands on request
37-331.02 Urban land planning oversight committee
37-331.03 Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions
37-332 Urban lands; notice; hearing; requirements; classification; state general plan
37-334 Designation of lands; development or secondary plan; requirements; approval
37-334.01 Development plan for a master plan area
37-335 Sale or lease of state lands for development
37-335.01 Compensation and reimbursement of lessee upon cancellation of lease
37-335.02 Off‑site improvement of urban lands
37-335.03 Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement
37-335.04 Liens not liabilities of state
37-335.06 Agreements to fund, install and reimburse costs of infrastructure on trust lands
37-336 Rules; review and approval by legislature; duties of commissioner
37-338 Selection of application for development planning permit or secondary permit
Article 6 Reclamation of State Lands
37-341 Preliminary investigation of projects for reclamation of state lands
37-342 Acquisition by land department of rights necessary or advisable for reclamation or irrigation of state lands
37-343 Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state
Article 7 Payments to Local Governments
37-371 Definition of acquired entitlement land
37-372 Payments to local governments with respect to acquired entitlement lands
Article 8 Rights of Entrymen Upon Public Domain
37-411 Rights of entrymen under federal laws to possession and enjoyment of land
37-412 Limitation on claims; marking boundaries of claim; notice; recording of notice
Article 9 Use of State Lands by State Institutions
37-441 Taking by state of state lands and improvements; reimbursement of owners for improvements; lease by department or institution
37-442 Application by department or institution to take over state lands; approval by governor; compensation of lessee for improvements and damages resulting from termination
37-443 Improvements as state property
37-444 Offset against rent due from trust beneficiaries; substituting trust designations
Article 10 Rights of Way and Sites for Public Uses
37-461 Grants of rights‑of‑way and sites for public uses
Article 11 Disposition of Products of State Lands
37-481 Conservation and administration of products of state lands
37-482 Contracts for sale of timber; limitations; universities timber land account; composition; use
Article 12 Trespass on State Lands
37-501 Trespass on state lands; classification
37-502 Damages in civil action for trespass on state lands; seizure of products; report of trespasses
37-503 Disposition of personal property unlawfully abandoned on state land
Article 13 Segregation of Funds Derived from Lands
37-521; Version 2 Permanent state school fund; composition; use
37-521 Permanent state school fund; composition; use
37-522; Version 2 Universities land fund; composition; use
37-522 Universities land fund; composition; use
37-523; Version 2 Normal schools land fund; composition; use
37-523 Normal schools land fund; composition; use
37-524; Version 2 Agricultural and mechanical colleges land fund and school of mines land fund; composition; use
37-524 Agricultural and mechanical colleges land fund and school of mines land fund; composition; use
37-525; Version 2 Other land funds; composition; use
37-525 Other land funds; composition; use
37-526 Central Arizona project municipal and industrial repayment fund
37-527 Trust land management fund
Article 14 Exchange of Public Lands
37-601 Authorization to exchange
37-602 Notice
37-603 Method of exchange; appraisal
37-604 Exchange of state land; procedure; limitation and exceptions
37-604.01 Exchange of state subsurface rights and interests
37-605 Title; reservations, restrictions and encumbrances
37-606 Protest; public hearing; judicial review
37-607 Method of exchange; valuation
37-608 Supplemental authority
37-609 Exchange of sovereign lands
37-610 Disposition of surplus floodplain lands
Article 15 Acquisition of Lands by United States for Penal Purposes
37-611 Acquisition of lands by United States for penal purposes
37-612 Concurrent jurisdiction of the United States over lands acquired for penal purposes; termination of jurisdiction
37-613 Power of state to serve process upon land ceded United States for penal purposes
Article 16 Exchange of Road Rights-of-Way
37-615 Exchange of road rights‑of‑way on state land; procedure; limitation and exceptions
37-616 Protest; public hearing; judicial review
37-617 Method of exchange; valuation
37-618 Supplemental authority
Article 17 Concurrent Jurisdiction With United States Over Certain Lands and Areas
37-620 Vesting of concurrent criminal jurisdiction in the United States over certain lands and areas
37-620.01 Concurrent jurisdiction over veterans administration properties; acceptance
37-620.02 State consent to acquisition of land by the United States for exclusive jurisdiction
Article 18 Interstate Compact for Jurisdiction on the Colorado River
37-620.11 Enactment of compact
Article 19 Holistic Resource Management
37-620.21 Holistic resource management program
Chapter 2.1 FORESTS
Article 1 State Forester
37-621 State forester; qualifications
37-622 Duties of state forester; acceptance of federal law
37-623 Suppression of wildfires; powers and duties of state forester; entry on private lands
37-623.01 Forestry administrative districts; equipment and personnel
37-623.02 Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund
37-624 Cooperative forestry fund
Article 2 Community Protection Initiative
37-641 Community protection initiative fund
37-642 Community protection grants; eligibility
37-643 Management; categorical funding limits; annual report
37-644 Program termination
Chapter 3 ACTS OF CONGRESS RELATING TO STATE AND FEDERAL LANDS
Article 1 Carey Land Acts
37-701 Acceptance of Carey land acts; state agency
37-702 Application for selection of arid lands for irrigation projects or reclamation projects; proposal; deposit
37-703 Processing of proposal by land department; processing by director of water resources; approval or disapproval of application
37-704 Contract; contents; bond of contractor
37-705 Contract provisions as to beginning and completion dates; forfeiture for failure to prosecute work
37-706 Persons eligible to apply for entry; limitation on area; contents of application; price of lands; disposition of monies received
37-707 Procedure upon completion of project by settler; application for federal patent; grant of state patent to settler
37-708 Water rights appurtenant to lands; lien; foreclosure and redemption
37-709 Maps of project; right of easement reserved
37-710 Reservation of mineral rights in school lands sold
Article 2 Taylor Grazing Act
37-721 Acceptance of Taylor grazing act, amendment of enabling act and other federal laws relating to exchange of lands
37-722 Authority of land department and selection board to make exchanges of state owned for federally owned land
37-723 Distribution of money received from United States; appropriations to counties
37-724 Receipts from lease of public lands
37-725 Receipts from grazing district fees; district treasurer; duties
37-726 Expenditure of grazing fees of district; purposes authorized
Article 3 Federal Mineral, Oil and Gas Lease Act
37-741 Public roads and public education fund; purposes; approval of expenditures by legislature; distribution
Chapter 4 ACQUISITION OF PRIVATE REAL PROPERTY BY STATE OR POLITICAL SUBDIVISION
Article 1 In General
37-801 Duty to disclose names of persons having a beneficial interest in real property
37-802 Disposition of real property by state agency; alternative fuel delivery systems; definition
37-803 Disposition of real property by state agency
37-804 Payment of outstanding taxes, penalties and interest on acquiring property
Chapter 5 STATE CLAIMS TO PUBLIC LANDS
Article 1 General Provisions
37-901 Definitions
37-902 Public lands; public policy; state land department
37-903 State land commissioner; powers; duties
37-904 Public lands board of review; members; powers and duties; staff and officers; service of process
37-905 Appeal of commissioner's decision; board of review; procedures; decision; further appeal
37-906 Public lands; disposal; use; written authorization required
37-907 Federal lands acquired without legislative consent; placement on tax rolls
37-908 Powers and duties of attorney general
37-909 State payments to counties
Chapter 6 NATURAL RESOURCE CONSERVATION DISTRICTS
Article 1 General Provisions
37-1001 Declaration of policy
37-1002 Definitions
Article 2 Division of Natural Resource Conservation
37-1011 Division of natural resource conservation
37-1012 State natural resource conservation commissioner
37-1013 Powers and duties of commissioner
37-1014 State financial assistance; application; criteria
37-1015 Environmental special plate fund; distribution
Article 3 Formation, Change in Boundaries and Dissolution
37-1031 Petition for creation of district
37-1032 Hearing on petition; notice
37-1033 Determination by commissioner
37-1034 Referendum; election of supervisors
37-1035 Proclamation of result of referendum and election; terms of supervisors
37-1036 Proceedings to organize district; certificate of organization
37-1037 Addition of territory
37-1038 Dissolution of district
37-1039 Status following dissolution
37-1040 Change in boundaries; combination or division of districts; change in name of districts
Article 4 Administration
37-1051 District supervisors; term of office; biennial election
37-1052 Organization of supervisors; vacancies
37-1053 Powers and duties of supervisors
37-1054 Powers of district
37-1055 Limitation of powers
37-1056 Cooperation between districts
37-1057 Cooperation by state agencies
Chapter 7 STATE CLAIMS TO STREAMBEDS
Article 1 General Provisions
37-1101 Definitions
37-1102 Trust advocate
Article 2 Determining Navigability
37-1121 Arizona navigable stream adjudication commission
37-1122 General powers and duties of the commission
37-1123 Receiving and compiling evidence and records
37-1124 Compiling evidence and records by department
37-1126 Hearings; notice
37-1128 Determination of navigability
37-1129 Judicial review
37-1130 Title to bed of nonnavigable watercourse; appropriation of waters for public trust values
37-1131 Notice to landowners; quiet title action
37-1132 Refunds to record title owners
Article 3 Management of Public Trust Lands
37-1151 Petition to release public trust status
37-1152 Auction and sale of released public trust lands
37-1153 Permit to use public trust lands
37-1154 Public improvements in beds of navigable watercourses; definition
37-1155 Prior use of public trust lands
37-1156 Riparian trust fund; acquisition and management of riparian lands
Chapter 8 MILITARY AIRPORT LAND EXCHANGES
Article 1 General Provisions
37-1201 Declaration of policy
37-1202 Definitions
Article 2 Military Airport Land Exchange Section
37-1221 Military airport land exchange section; purpose; employees; compensation
37-1222 Military airport land exchange proposal application; agreement
37-1223 Powers and duties of the section; limitations
37-1224 Military airport land exchange fund