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A.R.S. § 45-491

Scope of article

Applied in 2 court decisions — leading case Town of Chino Valley v. City of Prescott (1981)

Most recently applied in Arizona Water Co. v. Arizona Department of Water Resources (November 1988)

A. In an active management area, a city, town, private water company or irrigation district may withdraw groundwater only pursuant to this article, except as provided by a grandfathered right and except as otherwise provided in this section.

B. An irrigation district engaged in generating, transmitting and distributing electricity on June 12, 1980 may withdraw groundwater pursuant to a groundwater withdrawal permit issued under article 7 of this chapter.

C. A city, town or private water company may withdraw groundwater pursuant to a poor quality groundwater withdrawal permit issued under section 45-516.

D. An irrigation district or a private water company organized primarily for irrigation purposes may withdraw groundwater pursuant to a drainage water withdrawal permit issued under section 45-519.

E. A city, town, private water company or irrigation district may withdraw groundwater pursuant to a hydrologic testing permit issued under section 45-519.01">45-519.01.

F. A city, town, private water company or irrigation district may use the groundwater withdrawn pursuant to a groundwater withdrawal permit only for the specific purpose for which the permit is issued. Any withdrawals of groundwater by a city, town, private water company or irrigation district pursuant to a groundwater withdrawal permit issued under article 7 of this chapter shall not give rise to any other right to withdraw groundwater under this chapter.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.