Surface Water Rights
Amendment of Assured Water Supply Rules to Allow the Restoration of Irrigation Grandfathered Rights Extinguished In 2005, 2006 and 2007 – In 2010, the Department received permission from the Governor’s Office to amend its Assured Water Supply Rules to address concerns raised by the agricultural and development communities regarding agricultural lands within active management areas for which the irrigation grandfathered rights (“IGFRs”) were extinguished during 2005, 2006 and 2007. The IGFRs were extinguished by the landowners in exchange for assured water supply extinguishment credits in anticipation of development occurring on the lands. Due to the economic recession, many of these lands have not been developed and are not anticipated to be developed in the near future. Because the lands no longer have an IGFR, they cannot be put into agricultural production, creating an economic hardship for the landowners. These idle, vacant lands also create dust control issues and negative aesthetic values for the communities where they are located. The Department conducted a rulemaking process to amend A.A.C. R12-15-723 to allow the owners of these lands to apply to the Department to have their extinguished IGFRs restored if certain conditions are met. The Governor’s Regulatory Review Council approved the proposed rule at its meeting on September 13, 2011, which became effective immediately. Click here to view a copy of the approved rules. Click here to view the application for Restoration of Extinguished IGFRs.