"Application to Substitute Flood Damaged Acres Within an Active Management Area Pursuant to a.r.s. 45-465.01" - Arizona

Application to Substitute Flood Damaged Acres Within an Active Management Area Pursuant to a.r.s. 45-465.01 is a legal document that was released by the Arizona Department of Water Resources - a government authority operating within Arizona.

Form Details:

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

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

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ARIZONA DEPARTMENT OF WATER RESOURCES
ACTIVE MANAGEMENT AREA
P. O. Box 36020, Phoenix, Arizona 85067-6020
1110 W. Washington St. Suite 310, Phoenix, AZ 85007-2952
Phone: (602) 771-8585 ∙
www.new.azwater.gov
FOR DEPARTMENT USE ONLY
Original Certificate No.
APPLICATION TO SUBSTITUTE FLOOD DAMAGED
ACRES WITHIN AN ACTIVE MANAGEMENT AREA
New Certificate No.
PURSUANT TO A.R.S. § 45-465.01
New Certificate Issued On:
The initial fee for an Application to Substitute Flood Damages Acres is $1,000.
Total fees for this application are based upon an hourly billable rate, which can
be found on the ADWR web site at www.new.azwater.gov. If the costs of reviewing your application exceed $1,000,
you will be invoiced for the difference, up to a maximum total fee of $10,000. 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. In addition to the hourly application fee, the
applicant must pay any review-related costs associated with the application and the actual cost of mailing or
publishing any legal notice of the application or notice of a pre-decision administrative hearing on the application.
Review-related costs are: (1) costs associated with a pre-decision hearing on the application, such as court reporter
services and facility rentals for the hearing, and (2) mileage expenses for a site visit conducted before issuing a
decision on the application. Failure to enclose the initial application fee will cause the application to be returned.
Fees for an Application to Substitute Flood Damages Acres are authorized by A.R.S. § 45-113 and A.A.C. R12-15-103.
1.
Name and address of person filing this application (applicant must be the owner of the Irrigation Grandfathered
Right identified in item No. 2).
Last Name
First
Middle Initial
Last Name
First
Middle Initial
Mailing Address
City
State
Zip
(
)
(
)
Home Telephone number (with area code)
Work Telephone number (with area code)
2.
Irrigation Grandfathered Right Certificate No.: 58-
3.
Active Management Area:
4.
Number of acres to be retired:
Irrigation District affiliation :
5.
Number of acres to be substituted:
Irrigation District affiliation :
6.
Describe the location of the acres to be retired. (Attach map showing acres and any structures or roads located on
the acres).
Section
Township
Range
10ac
40ac
160ac
Section
Township
Range
10ac
40ac
160ac
7.
Describe the location of the acres you seek to substitute. (Attach Map)
Section
Township
Range
10ac
40ac
160ac
Section
Township
Range
10ac
40ac
160ac
8.
When did the flood damage
465.01 Flood Subst AMA Revised 10/2019
occur?
ARIZONA DEPARTMENT OF WATER RESOURCES
ACTIVE MANAGEMENT AREA
P. O. Box 36020, Phoenix, Arizona 85067-6020
1110 W. Washington St. Suite 310, Phoenix, AZ 85007-2952
Phone: (602) 771-8585 ∙
www.new.azwater.gov
FOR DEPARTMENT USE ONLY
Original Certificate No.
APPLICATION TO SUBSTITUTE FLOOD DAMAGED
ACRES WITHIN AN ACTIVE MANAGEMENT AREA
New Certificate No.
PURSUANT TO A.R.S. § 45-465.01
New Certificate Issued On:
The initial fee for an Application to Substitute Flood Damages Acres is $1,000.
Total fees for this application are based upon an hourly billable rate, which can
be found on the ADWR web site at www.new.azwater.gov. If the costs of reviewing your application exceed $1,000,
you will be invoiced for the difference, up to a maximum total fee of $10,000. 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. In addition to the hourly application fee, the
applicant must pay any review-related costs associated with the application and the actual cost of mailing or
publishing any legal notice of the application or notice of a pre-decision administrative hearing on the application.
Review-related costs are: (1) costs associated with a pre-decision hearing on the application, such as court reporter
services and facility rentals for the hearing, and (2) mileage expenses for a site visit conducted before issuing a
decision on the application. Failure to enclose the initial application fee will cause the application to be returned.
Fees for an Application to Substitute Flood Damages Acres are authorized by A.R.S. § 45-113 and A.A.C. R12-15-103.
1.
Name and address of person filing this application (applicant must be the owner of the Irrigation Grandfathered
Right identified in item No. 2).
Last Name
First
Middle Initial
Last Name
First
Middle Initial
Mailing Address
City
State
Zip
(
)
(
)
Home Telephone number (with area code)
Work Telephone number (with area code)
2.
Irrigation Grandfathered Right Certificate No.: 58-
3.
Active Management Area:
4.
Number of acres to be retired:
Irrigation District affiliation :
5.
Number of acres to be substituted:
Irrigation District affiliation :
6.
Describe the location of the acres to be retired. (Attach map showing acres and any structures or roads located on
the acres).
Section
Township
Range
10ac
40ac
160ac
Section
Township
Range
10ac
40ac
160ac
7.
Describe the location of the acres you seek to substitute. (Attach Map)
Section
Township
Range
10ac
40ac
160ac
Section
Township
Range
10ac
40ac
160ac
8.
When did the flood damage
465.01 Flood Subst AMA Revised 10/2019
occur?
9.
Please describe how it is not economically feasible to restore the flood damaged acres to irrigation use
(attach a separate page if you need additional space):
10. Please attach an estimate of the cost of restoring the flood damaged acres to irrigation use and an estimate
of the cost of bringing the new acres into cultivation. In the restoration costs, indicate the cost of protection
the flood damaged acres from a flood of the magnitude of the flood that caused the damage.
I (We),
the applicant(s) named in this application, do hereby certify
under the penalty of perjury, that the information contained and statements made herein are to the best of
my (our) knowledge and belief, true, correct and complete.
Dated this
day of
, 20
.
Signature of Owner or Authorized Agent
Printed Name
Corporation/Company Name
Title
Subscribed and sworn to before me this
day of
, 20
.
Notary Public
My Commission Expires:
Or
Authorized Personnel of the Department of Water Resources
465.01 Flood Subst AMA Revised 10/2019
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.
465.01 Flood Subst AMA Revised 10/2019
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