Form ADWR58-700 "Notification of Change of Ownership and/or Change in Point of Withdrawal for a Type 2 Non-irrigation Grandfathered Right" - Arizona

What Is Form ADWR58-700?

This is a legal form that was released by the Arizona Department of Water Resources - a government authority operating within Arizona. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2019;
  • The latest edition provided by the Arizona Department of Water Resources;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form ADWR58-700 by clicking the link below or browse more documents and templates provided by the Arizona Department of Water Resources.

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Download Form ADWR58-700 "Notification of Change of Ownership and/or Change in Point of Withdrawal for a Type 2 Non-irrigation Grandfathered Right" - Arizona

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ARIZONA DEPARTMENT OF WATER RESOURCES
ACTIVE MANAGEMENT AREA
P.O. BOX 36020 • PHOENIX, ARIZONA 85067-6020
PHONE: (602) 771-8585
NOTIFICATION OF CHANGE OF OWNERSHIP AND/OR CHANGE IN POINT OF WITHDRAWAL
FOR A TYPE 2 NON-IRRIGATION GRANDFATHERED RIGHT
INSTRUCTIONS AND REQUIRED ATTACHMENTS
COMPLETE PART I AND PART IV OF THIS FORM. IF YOU ARE REPORTING AN OWNERSHIP CHANGE, PART
II MUST BE COMPLETED ALSO. IF YOU ARE REQUESTING A CHANGE IN POINT OF WITHDRAWAL, PART III
MUST BE COMPLETED ALSO. OBTAIN ALL REQUIRED SIGNATURES. MAIL THE COMPLETED FORM TO THE
ABOVE ADDRESS OR HAND DELIVER IT TO ADWR AT 1110 W. WASHINGTON ST., SUITE 310 IN PHOENIX, AZ
85007.
ENCLOSE THE ORIGINAL CERTIFICATE OF GRANDFATHERED GROUNDWATER RIGHT. THIS DOCUMENT IS
AVAILABLE FROM THE SELLER/GRANTOR OR CURRENT OWNER. IF THE ORIGINAL CERTIFICATE HAS
BEEN LOST, A NOTARIZED STATEMENT TO THIS EFFECT MUST BE SUBMITTED.
THE FILING FEE FOR A NOTIFICATION OF CHANGE OF OWNERSHIP FOR A TYPE 2 NON-IRRIGATION
GRANDFATHERED RIGHT IS $500.00.
THE FILING FEE FOR A NOTIFICATION OF CHANGE IN POINT OF WITHDRAWAL FOR A TYPE 2 NON-
IRRIGATION GRANDFATHERED RIGHT IS $250.00
THE FILING FEE FOR RE-ISSUANCE OF A CERTIFICATE TO REFLECT A CHANGE IN FAMILY CIRCUMSTANCE
OR TRANSFER OF THE RIGHT TO OR FROM A TRUST IN WHICH THE RIGHTHOLDER IS A BENIFICIARY OR
FROM A TRUST TO A BENEFICIARY OF THE TRUST IS $120.00.
PAYMENT MAY BE MADE BY CASH, CHECK, OR CREDIT CARD (IF YOU WISH TO PAY BY CREDIT CARD,
PLEASE CONTACT THE ACTIVE MANAGEMENT AREA AT 602-771-8585). CHECKS SHOULD BE MADE
PAYABLE TO THE ARIZONA DEPARTMENT OF WATER RESOURCES. FAILURE TO ENCLOSE THE FILING FEE
WILL CAUSE THE NOTIFICATION TO BE RETURNED. FEES FOR THIS NOTIFICATION ARE AUTHORIZED BY
A.R.S. § 45-113 AND A.A.C. R12-15-103.
IF THE TYPE 2 RIGHT WILL BE LEASED IN FULL OR IN PART, A NOTIFICATION OF LEASE OF A TYPE 2 NON-
IRRIGATION GRANDFATHERED RIGHT (FORM 58-800) MUST BE FILED ALSO.
PURSUANT TO A.A.C. R12-15-401, IF YOU REQUEST A REVISED CERTIFICATE TO REFLECT NEW OR
ADDITIONAL POINTS OF WITHDRAWAL, THE DEPARTMENT WILL ISSUE A WRITTEN NOTICE GRANTING OR
DENYING YOUR APPLICATION WITHIN 180 DAYS AFTER RECEIPT OF THE APPLICATION. THE
DEPARTMENT WILL FIRST DETERMINE WHETHER THE APPLICATION IS ADMINISTRATIVELY COMPLETE
(ADMINISTRATIVE REVIEW PERIOD) AND THEN WHETHER THE APPLICATION MEETS THE SUBSTANTIVE
CRITERIA ESTABLISHED BY STATUTE OR RUL E (SUBSTANTIVE REVIEW PERIOD). THE TIME FRAME FOR
ADMINISTRATIVE COMPLETENESS REVIEW IS 4 5 DAYS. THE TIME FRAME FOR SUBSTANTIVE REVIEW IS
135 DAYS. THE OVERALL TIME FRAME OF 180 D AYS ENCOMPASSES BOTH THE ADMINISTRATIVE REVIEW
AND THE SUBSTANTIVE REVIEW TIME FRAMES. THESE TIME FRAMES MAY BE SUSPENDED IF THE
DEPARTMENT DETERMINES THAT THE APPLIC ATION IS NOT COMPLETE AND REQUESTS ADDITIONAL
INFORMATION IN WRITING.
IF YOU NEED ASSISTANCE PLEASE CONTACT T HE ACTIVE MANAGEMENT AREA AT 602-771-8585. THE
ADWR WEB SITE ADDRESS IS www.new.azwater.gov.
ADWR 58-700 (Revised 10/2019)
ARIZONA DEPARTMENT OF WATER RESOURCES
ACTIVE MANAGEMENT AREA
P.O. BOX 36020 • PHOENIX, ARIZONA 85067-6020
PHONE: (602) 771-8585
NOTIFICATION OF CHANGE OF OWNERSHIP AND/OR CHANGE IN POINT OF WITHDRAWAL
FOR A TYPE 2 NON-IRRIGATION GRANDFATHERED RIGHT
INSTRUCTIONS AND REQUIRED ATTACHMENTS
COMPLETE PART I AND PART IV OF THIS FORM. IF YOU ARE REPORTING AN OWNERSHIP CHANGE, PART
II MUST BE COMPLETED ALSO. IF YOU ARE REQUESTING A CHANGE IN POINT OF WITHDRAWAL, PART III
MUST BE COMPLETED ALSO. OBTAIN ALL REQUIRED SIGNATURES. MAIL THE COMPLETED FORM TO THE
ABOVE ADDRESS OR HAND DELIVER IT TO ADWR AT 1110 W. WASHINGTON ST., SUITE 310 IN PHOENIX, AZ
85007.
ENCLOSE THE ORIGINAL CERTIFICATE OF GRANDFATHERED GROUNDWATER RIGHT. THIS DOCUMENT IS
AVAILABLE FROM THE SELLER/GRANTOR OR CURRENT OWNER. IF THE ORIGINAL CERTIFICATE HAS
BEEN LOST, A NOTARIZED STATEMENT TO THIS EFFECT MUST BE SUBMITTED.
THE FILING FEE FOR A NOTIFICATION OF CHANGE OF OWNERSHIP FOR A TYPE 2 NON-IRRIGATION
GRANDFATHERED RIGHT IS $500.00.
THE FILING FEE FOR A NOTIFICATION OF CHANGE IN POINT OF WITHDRAWAL FOR A TYPE 2 NON-
IRRIGATION GRANDFATHERED RIGHT IS $250.00
THE FILING FEE FOR RE-ISSUANCE OF A CERTIFICATE TO REFLECT A CHANGE IN FAMILY CIRCUMSTANCE
OR TRANSFER OF THE RIGHT TO OR FROM A TRUST IN WHICH THE RIGHTHOLDER IS A BENIFICIARY OR
FROM A TRUST TO A BENEFICIARY OF THE TRUST IS $120.00.
PAYMENT MAY BE MADE BY CASH, CHECK, OR CREDIT CARD (IF YOU WISH TO PAY BY CREDIT CARD,
PLEASE CONTACT THE ACTIVE MANAGEMENT AREA AT 602-771-8585). CHECKS SHOULD BE MADE
PAYABLE TO THE ARIZONA DEPARTMENT OF WATER RESOURCES. FAILURE TO ENCLOSE THE FILING FEE
WILL CAUSE THE NOTIFICATION TO BE RETURNED. FEES FOR THIS NOTIFICATION ARE AUTHORIZED BY
A.R.S. § 45-113 AND A.A.C. R12-15-103.
IF THE TYPE 2 RIGHT WILL BE LEASED IN FULL OR IN PART, A NOTIFICATION OF LEASE OF A TYPE 2 NON-
IRRIGATION GRANDFATHERED RIGHT (FORM 58-800) MUST BE FILED ALSO.
PURSUANT TO A.A.C. R12-15-401, IF YOU REQUEST A REVISED CERTIFICATE TO REFLECT NEW OR
ADDITIONAL POINTS OF WITHDRAWAL, THE DEPARTMENT WILL ISSUE A WRITTEN NOTICE GRANTING OR
DENYING YOUR APPLICATION WITHIN 180 DAYS AFTER RECEIPT OF THE APPLICATION. THE
DEPARTMENT WILL FIRST DETERMINE WHETHER THE APPLICATION IS ADMINISTRATIVELY COMPLETE
(ADMINISTRATIVE REVIEW PERIOD) AND THEN WHETHER THE APPLICATION MEETS THE SUBSTANTIVE
CRITERIA ESTABLISHED BY STATUTE OR RUL E (SUBSTANTIVE REVIEW PERIOD). THE TIME FRAME FOR
ADMINISTRATIVE COMPLETENESS REVIEW IS 4 5 DAYS. THE TIME FRAME FOR SUBSTANTIVE REVIEW IS
135 DAYS. THE OVERALL TIME FRAME OF 180 D AYS ENCOMPASSES BOTH THE ADMINISTRATIVE REVIEW
AND THE SUBSTANTIVE REVIEW TIME FRAMES. THESE TIME FRAMES MAY BE SUSPENDED IF THE
DEPARTMENT DETERMINES THAT THE APPLIC ATION IS NOT COMPLETE AND REQUESTS ADDITIONAL
INFORMATION IN WRITING.
IF YOU NEED ASSISTANCE PLEASE CONTACT T HE ACTIVE MANAGEMENT AREA AT 602-771-8585. THE
ADWR WEB SITE ADDRESS IS www.new.azwater.gov.
ADWR 58-700 (Revised 10/2019)
NOTIFICATION OF CHANGE OF OWNERSHIP AND/OR CHANGE IN POINT OF WITHDRAWAL
FOR A TYPE 2 NON-IRRIGATION GRANDFATHERED RIGHT
PART I. GENERAL INFORMATION
1.
Certificate of Grandfathered Groundwater Right number: 58 - _________________ . __________
2.
Amount of right indicated on certificate: _____________ acre-feet annually.
3.
Active Management Area: ________________________
4.
Describe the intended non-irrigation use(s). (Note: In accordance with A.R.S. § 45-474(A), the owner of a Type 2 Non-
Irrigation Grandfathered Right that is issued for purposes of mineral extraction or processing, or for purposes of electrical
energy generation, may not convey the right for any other purpose.)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
PART II. NOTIFICATION OF CHANGE OF OWNERSHIP
In accordance with A.R.S. § 45-482(B), the undersigned parties hereby notify the Arizona Department of Water Resources of the
conveyance of this Type 2 Non-Irrigation Grandfathered Right:
1.
Please specify the effective date of this ownership change _____/_____/_____ and the quantity of groundwater withdrawn
between January 1 of that calendar year and the effective date: ______________ acre-feet.
PART III. REQUEST FOR CHANGE IN POINT OF WITHDRAWAL
In accordance with A.R.S. § 45-471(C), the undersigned parties hereby request the Arizona Department of Water Resources to issue a
revised certificate of Type 2 Non-irrigation Grandfathered Right to reflect different points of withdrawal or to remove all wells from this
certificate:
1.
Wells to be added to certificate (list by ADWR registration number; non-exempt wells only). If no new wells are to be added,
write “None”:
Twp Rng Sec
Quarters
Owner Name
Proposed Type 2 Withdrawals
160
40
10
55 - __________ ___ ___ ___ ___ ___ ___ ________________________________ ________ acre-feet annually
55 - __________ ___ ___ ___ ___ ___ ___ ________________________________ ________ acre-feet annually
55 - __________ ___ ___ ___ ___ ___ ___ ________________________________ ________ acre-feet annually
2.
Wells to be removed from certificate (list by ADWR registration number) and status of removed wells. If no wells are to be
removed, write “None”:
55 - __________
_____
not in use ______capped ______abandoned ______exempt
pump cap: ______gpm
55 - __________
_____
not in use ______capped ______abandoned ______exempt
pump cap: ______gpm
55 - __________
_____
not in use ______capped ______abandoned ______exempt
pump cap: ______gpm
ADWR 58-700 (Revised 10/2019)
PART IV. GRANTOR AND GRANTEE OR CURRENT OWNER INFORMATION
SELLER/GRANTOR
BUYER/GRANTEE
OR CURRENT OWNER
OR OTHER OWNERS
(Print or Type)
OF NEW POINTS OF WITHDRAWAL
(Print or Type)
NAME
______________________________________
NAME
______________________________________
______________________________________
______________________________________
ADDRESS ______________________________________
ADDRESS ______________________________________
______________________________________
______________________________________
TELEPHONE
(_
)__________________
TELEPHONE
(
)_____________________
_______________________________________________
_______________________________________________
SIGNATURE
DATE
SIGNATURE
DATE
NOTICE
A.R.S. § 41-1030(B), (D), (E) and (F) provide as follows:
B.
An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state
tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made
pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D.
This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees, damages
and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.
E.
A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the
agency’s adopted personnel policy.
F.
This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.
ADWR 58-700 (Revised 10/2019)
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