REFERENCE TITLE: irrigation grandfathered rights; dust control |
State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1400 |
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Introduced by Senators Gray C, Aguirre, Pearce R; Representative Jones: Senators Allen S, Gould; Representative Mason
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AN ACT
amending title 45, chapter 2, article 5, Arizona Revised Statutes, by adding section 45-465.04; RELATING to the groundwater code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 45, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 45-465.04, to read:
45-465.04. Irrigation grandfathered right; water used for dust control
In an active management area, a person who holds a certificate of irrigation grandfathered right has the right to use groundwater in excess of the quantity determined pursuant to section 45-465 in order to comply with dust control requirements imposed pursuant to title 49, chapter 3 or any dust control requirements enforced by a county, whether pursuant to authority delegated by this state or pursuant to any independent authority asserted by the county. The amount of additional groundwater that may be used pursuant to this section shall be limited to the quantity required to comply with applicable dust control requirements and shall not be used to supplement the irrigation demands of the farm to which the groundwater is applied.