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REFERENCE TITLE: state lands; leases; renewal applications |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2249 |
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Introduced by Representative Griffin
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AN ACT
amending section 37‑291, Arizona Revised Statutes; relating to state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-291, Arizona Revised Statutes, is amended to read:
37-291. Preferred rights to renewal of lease; exceptions; notification
A. Upon on application to the state land department not less than thirty days nor more than one year before the expiration of a lease of state lands, the lessee, if a bona fide resident of the this state or legally authorized to transact business in this state, shall have a preferred right to renewal, bearing even date with the expiration of the old lease, for a term not longer than ten years, as determined by the department, at a reappraised rental.
B. The preferred right of renewal shall not extend to a lessee who that has not substantially complied with the terms of the lease or who that has not placed the land to the use prescribed in the lease during its term or within the time prescribed, unless for good cause the failure to perform was given written authorization by the department. If the department determines the continued leasing of the land is not in the best interest of the state trust, the lease shall not be renewed.
C. Not later than ninety days before the expiration of a lease, the department shall:
1. Notify the lessee by mail of the pending expiration, enclosing and enclose an application for the lessee to renew the lease.
2. Send a copy of the notice to any parties who that have registered with the department as mortgagees or other lienholders of the lessee's interest by certified mail, return receipt requested.
D. The department shall accept renewal applications by mail and may accept renewal applications electronically. The method by which the renewal application is submitted may not be a factor in the department's determination of whether to renew the lease.
D. E. If the existing lease is not renewed and the existing lessee is in substantial compliance with the terms of the lease and there is no not a new lessee or buyer for the land within ninety days after the lease termination, the commissioner must sign an agreement to reimburse the former lessee for the improvements on the lands as provided by section 37‑322.01.
Sec. 2. State land department; department of water resources; water storage facilities plan; report; delayed repeal
A. The state land commissioner and the director of water resources shall consult, use the resources of their respective departments and cooperate to do the following:
1. Develop a plan to create additional water storage in this state that includes preliminarily investigating acceptable sites to construct new water storage facilities on state trust land and identifying at least six of the most potentially acceptable sites. The new water storage facilities may be water storage facilities on the earth's surface or underground storage facilities as defined in section 45-802.01, Arizona Revised Statutes.
2. On or before December 31, 2021, submit a report regarding the departments' activities, findings and recommendations to the governor, the president of the senate, the speaker of the house of representatives, the members of the senate water and agriculture committee and the members of the house of representatives natural resources, energy and water committee and provide a copy of this report to the secretary of state.
B. This section is repealed from and after December 31, 2023.