45-473

45-473. Conveyance of type 1 non-irrigation
grandfathered right; use by new owner; appurtenancy; within service
area; outside service area; definition

A. The owner of a type 1 non-irrigation grandfathered right may convey the right
only for a non-irrigation use and only with the land to which it is appurtenant. For
purposes of this section, a type 1 non-irrigation grandfathered right means a
non-irrigation grandfathered right associated with retired irrigated land pursuant to
section 45-463 or 45-469 or an irrigation grandfathered right which was conveyed for a
non-irrigation use pursuant to section 45-472.

B. If a type 1 non-irrigation grandfathered right is conveyed, the full amount of
the right is conveyed.

C. If the land to which a type 1 non-irrigation grandfathered right is appurtenant
is within the exterior boundaries of the service area of a city, town or private water
company, the amount of groundwater conveyed pursuant to the right may be withdrawn by the
new owner of the right only from the land to which the right is appurtenant subject to
subsection F of this section. The groundwater may be used on the land to which the right
is appurtenant, but may not be used on other land unless the use on other land was
commenced prior to the date of the designation of the active management area or was
commenced by the original owner of the right pursuant to a development plan filed with
the director prior to the inclusion of the land within the exterior boundaries of the
service area of the city, town or private water company.

D. If the land to which the type 1 non-irrigation grandfathered right is
appurtenant is outside of the exterior boundaries of the service area of a city, town or
private water company, the amount of groundwater conveyed pursuant to the right may be
withdrawn by the new owner of the right only from the land to which the right is
appurtenant and used on that land or on any other land, subject to section 45-473.01 and
to the provisions of articles 8 and 8.1 of this chapter relating to transportation of
groundwater, and to subsection F of this section. If any portion of the amount of
groundwater conveyed is withdrawn by the new owner and used on other land, no additional
groundwater may be withdrawn for use on the land to which the right is appurtenant,
except that, if the new owner is an industry, it may withdraw a portion of the amount of
groundwater conveyed for use on other land and withdraw the remainder of the amount of
groundwater conveyed for municipal and industrial use on the land to which the right is
appurtenant for purposes directly related to the industry's industrial operation.

E. If groundwater was delivered by an irrigation district to the previous owner of
a type 1 non-irrigation grandfathered right, the irrigation district may continue to
deliver groundwater pursuant to the right to the new owner of the right.

F. The new owner of a type 1 non-irrigation grandfathered right pursuant to section
45-463 or 45-469 shall not withdraw or use groundwater pursuant to the portion of the
type 1 non-irrigation grandfathered right that is appurtenant to land which the new owner
may irrigate with effluent under section 45-452, subsection J.

G. For purposes of this section, "land to which the right is appurtenant" means the
acre or group of contiguous acres conveyed with a type 1 non-irrigation grandfathered
right.