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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
agricultural operations; water; protection; definition
Purpose
Requires, if the court determines that a party filed a nuisance action against an agricultural operation conducted on farmland to take or reduce the water used by the other party, the court to award reasonable costs and attorney fees to the other party.
Background
Agricultural
operations are all activities by the owner, lessee, agent, independent
contractor and supplier conducted on any facility for the production of crops,
livestock, poultry, livestock products or poultry products or for the purposes
of agritourism. Agritourism is any activity that allows members of the
general public, for recreational or educational purposes, to view, enjoy or
participate in rural activities, including farming, ranching, historical,
cultural,
u-pick, harvest-your-own produce or natural activities and attractions
occurring on property defined as agricultural real property if the activity is
conducted in connection with and directly related to a business whose primary
income is derived from producing livestock or agricultural commodities for
commercial purposes (A.R.S.
§ 3-111).
In a nuisance action against an agricultural operation conducted on farmland, the court must award reasonable costs and attorney fees to a party if the court determines that the other party filed a nuisance action under one of the following circumstances: 1) the action was not filed in good faith; 2) the action was not grounded in fact or based on law; or 3) the action was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party (A.R.S. § 3-112).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Includes, in the definition of agricultural operations, any water use by an owner, lessee, agent, independent contractor and supplier conducted on any facility for the production of crops, livestock, poultry, livestock products or poultry products or for the purposes of agritourism.
2. Requires, if the court determines that a party filed a nuisance action against an agricultural operation conducted on farmland to take or reduce the water used by the other party, the court to award reasonable costs and attorney fees to the other party.
3. Makes technical changes.
4. Becomes effective on the general effective date.
House Action
NREW 1/23/24 DP 5-4-0-0
3rd Read 2/6/24 31-24-2-0-3
Prepared by Senate Research
February 27, 2024
RA/slp