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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
water; substitute acreage
Purpose
Allows a person with rights to use water to retire irrigation acres and substitute for other acres within the same farm unit, if the irrigated acres were damaged by floodwaters or are subject to a limiting condition.
Background
Surface water is subject to appropriation and beneficial use. Arizona's surface water rights are governed by the doctrine of prior appropriation, which means the water rights of the first person to put the water to beneficial use are senior to water rights that were appropriated later, or first in time, first in right (Clough v. Wing, 2 Ariz. 371 (1888)).
Statute prescribes a process for a person to sever a water right from the land that it is appurtenant to and, under certain conditions, transfer the water right for irrigation use, municipal, stock watering, power or mining purposes or to a political subdivision for recreation and wildlife purposes without losing priority of the water right (A.R.S. § 45-172).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person who owns acres of land that may be irrigated to permanently retire irrigation acres and substitute with the same number of acres in the same contiguous farm unit if the person notifies the Director of the Arizona Department of Water Resources (ADWR) that:
a) the irrigated acres were damaged by floodwaters after being irrigated; and
b) it is not economically feasible to restore the flood damaged acres to irrigation use.
2. Allows a person who owns acres of land that may be irrigated to permanently retire a portion of the irrigation acres and substitute with the same number of acres if the person notifies the Director of ADWR that:
a) a limiting condition associated with the retired irrigation acres substantially impedes the implementation of efficient irrigation practices on the irrigated acres;
b) the substitution will substantially reduce the limiting condition and will substantially facilitate the implementation of efficient irrigation practices;
c) the substitute acres are within the same farm unit as the irrigated acres that will not be retired;
d) the substitute acres are located within the same irrigation district, if the retired acres are within an irrigation district; and
e) the area of land within the substitute acres that is capable of irrigation does not exceed the area of retired acres that are capable of irrigation, at the time the notice is filed.
2. Specifies that the substitution of irrigation acres does not affect the person's existing or vested rights to the use of water, except as to the location of the use of water, and prohibits any water diverted or used after the substitution from exceeding the vested rights to water at the time of substitution.
3. Requires the Director of ADWR to post the notice of substituted irrigation acres on the ADWR website.
4. Defines farm unit as one or more farms that are contiguous or in close proximity to each other, that are operated on a unitary basis and that are served water from the same water sources by a water distribution system common to the irrigated land.
5. Defines floodwaters as a temporary and erosive overflow of waters on lands that are not normally covered by water.
6. Defines limiting condition as any condition that limits the achievement of efficient irrigation on the irrigated acres, including irregularly shaped irrigated acres and poor-quality soils.
7. Becomes effective on the general effective date.
House Action
NREW 2/2/21 DPA 7-3-0-0
3rd Read 2/11/21 34-24-1-1
Prepared by Senate Research
March 1, 2021
KN/gs