45-542. Transportation between sub-basins or
away from an active management area; irrigation grandfathered
right; type 1 non-irrigation grandfathered right
A. Groundwater which is withdrawn pursuant to an irrigation grandfathered right may
be transported between sub-basins of an active management area or away from an active
management area, subject to the limitations on location of use in section 45-472.
B. Groundwater which is withdrawn pursuant to a type 1 non-irrigation grandfathered
right may be transported between sub-basins of an active management area or away from an
active management area, subject to the limitations on location of use in section 45-473,
except that groundwater withdrawn pursuant to a type 1 non-irrigation grandfathered right
may be transported away from an initial active management area only pursuant to any of
the following:
1. A type 1 non-irrigation grandfathered right acquired under section 45-463 and
appurtenant to land in the Tucson active management area, if the groundwater is used for
the extraction or processing of minerals in an adjacent active management area or
groundwater basin.
2. Section 45-469, subsection I.
C. Transportations of groundwater pursuant to this section are not subject to
payment of damages if the amount transported does not exceed three acre-feet per acre per
year withdrawn from retired irrigated land. Transportations of groundwater pursuant to an
irrigation grandfathered right in excess of three acre-feet per acre per year withdrawn
from retired irrigated land are subject to payment of damages.
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