45-465.02. Impediments to efficient irrigation; substitution of acres; definitions

A. A person who owns acres of land described on a certificate of irrigation grandfathered right which have not been retired from irrigation for a non-irrigation use under section 45-463 or 45-469 may apply to the director to permanently retire a portion of those acres from irrigation and substitute for those acres the same number of acres to which irrigation grandfathered rights are not appurtenant. The director may approve the substitution of acres if the owner demonstrates to the director's satisfaction that all of the following apply:

1. A limiting condition associated with the acres to be retired from irrigation substantially impedes the implementation of more efficient irrigation practices on the certificated acres.

2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitate the implementation of more efficient irrigation practices.

3. The substitute acres are within the same farm unit as the certificated acres that will not be retired.

4. The substitution will not reduce the number of acres of land within the farm unit that are eligible to receive central Arizona project water.

5. If the acres to be retired are located within the exterior boundaries of an irrigation district, the substitute acres will be located within the exterior boundaries of the same irrigation district.

6. The area of land within the substitute acres that is physically capable of being irrigated at the time the application for substitution of acres is filed does not exceed the area of land within the acres to be retired that is physically capable of being irrigated at the time the application for substitution of acres is filed.

B. Any acres permanently retired from irrigation pursuant to this section relinquish their irrigation grandfathered rights and such rights are deemed to be appurtenant to the substitute acres. The owner or lessee of the substitute acres has the right to use groundwater to irrigate the substitute acres as determined under section 45-465 calculated on the basis of the acres permanently retired from irrigation.

C. If the director approves a substitution of acres under this section, the director may modify an irrigation water duty established for the farm unit in which the certificated acres are located to reflect the removal of the limiting condition that is associated with the retired irrigation acres. The modification may be made without complying with section 45-572. The director shall give written notice of the modification to the owner of the certificated acres within thirty days after the modification. An aggrieved person may request an administrative review pursuant to section 45-575 or a variance pursuant to section 45-574. Unless a variance is obtained under section 45-574, the owner of the certificated acres and the person using groundwater on the certificated acres shall comply with the modified irrigation water duty no later than the compliance date specified in the modification notice which may be less than two years after the date of the notice.

D. For purposes of this section:

1. " Certificated acres" means the acres described on the certificate of irrigation grandfathered right.

2. " Limiting condition" means any condition that limits the achievement of more efficient irrigation on the certificated acres, including irregularly shaped certificated acres and poor quality soils.