45-474. Conveyance of type 2 non-irrigation
grandfathered right; amount
A. The owner of a type 2 non-irrigation grandfathered right may convey the right
for any non-irrigation use, except that:
1. A type 2 non-irrigation grandfathered right that is used for purposes of mineral
extraction or processing may be conveyed only for a mineral extraction or processing use.
2. A type 2 non-irrigation grandfathered right that is used for purposes of
electrical energy generation may be conveyed only for an electrical energy generation
use.
3. A type 2 non-irrigation grandfathered right in a subsequent active management
area that is used for purposes of demonstrating and providing an assured water supply
pursuant to section 45-576 in an initial active management area may be conveyed only for
the same use and only with the approval of the director. The director shall not withhold
approval of a conveyance under this paragraph if the right is no longer needed to provide
the assured water supply that it was used to demonstrate.
B. A type 2 non-irrigation grandfathered right may not be conveyed for an
irrigation use.
C. If a type 2 non-irrigation grandfathered right is conveyed, the full amount of
the right is conveyed.
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