Summary
The Agricultural Conservation Program works to achieve reductions in withdrawls of groundwater in order to contribute to the goal of the respective Active Management Area (AMA) in which the agricultural water user operates.
Who are Agricultural Water Users?
An Agricultural Water User is someone who has a Certificate of Irrigation Grandfathered Right (IGFR) and is irrigating the land. Only land associated with an IGFR is able to legally irrigate with groundwater within an AMA (A.R.S. § 45-465). Specifically, to irrigate means that the water user is growing crops for sale, human consumption or livestock or poultry feed by applying water on two or more acres (A.R.S. § 45-402(18)).
How Did Certificates of Irrigation Grandfathered Right (IGFR) Get Issued?
IGFRs were issued by the Arizona Department of Water Resources (ADWR) based on irrigated acreage from 1975 to 1980. More specifically, this is land that was irrigated during the time of January 1, 1975 and January 1, 1980. The process for determining acreage and for calculating a groundwater allocation is specified in A.R.S. § 45-465.
Programs for Agricultural Water Users
The Arizona Department of Water Resources (ADWR) is required by statute to develop and administer an Agricultural Conservation Program for the Management Plans.
Irrigation Grandfathered Rights (IGFR) fall into the following conservation programs:
- Base Program
- Best Management Practices Program
- Historic Cropping Program
- Integrated Farm Program
To learn general information on what these programs entail, see the ‘Agricultural Conservation Programs’ section below or go to the AMA Management Plans page for detailed information on the programs in their respective AMA.
For data related to the Agricultural Program, see the AMA Data Page.
Agricultural conservation programs
Base Program
Each IGFR owner and any person entitled to use groundwater pursuant to the right is regulated under the Base Program unless an application for regulation under an alternative conservation program is approved by ADWR.
IGFR’s operating under the Base Program are assigned water duties and allotments based on crop type grown during 1975 to 1980.
ADWR maintains an operating flexibility account for each IGFR in the Base Program. This allows IGFRs to borrow or bank groundwater from year to year to allow for varying climatic and market conditions. Flexibility account credits can be used at any time in future years on the same farm unit and may be used to offset debits. Under certain conditions, IGFR owners regulated under the Base Program may transfer, convey, or acquire flexibility credits (A.R.S. § 45-467(O)).
Best Management Practices Program
The Best Management Practices (BMP) Program is an alternative conservation program designed to be at least as effective in achieving water conservation as the Base Program while providing greater flexibility to program participants.
The BMP Program is characterized by an IGFR owner’s commitment to implement specific agricultural conservation practices that involve on-farm irrigation system improvements and other improved methods for farm water management, referred to as Best Management Practices.
Under the BMP Program, it is possible to enroll multiple IGFRs under a single BMP farm as long as the IGFRs are either contiguous or in close proximity to each other and part of a single farm unit. Farms enrolled in the BMP Program are excused from their annual conservation allotment and have their flex accounts frozen so that neither flex credits are accrued nor debits subtracted.
ADWR, with the assistance of the agricultural community, develops a menu of approved BMPs listed in the Management Plans to ensure that individual farmers can select methods that provide the greatest opportunity for increased water savings and efficient operation of their farms. Best Management Practices (Appendix 4B) are listed in the Management Plans for each Active Management Area.
Historic Cropping Program
The Historic Cropping Program is an alternative conservation program developed by ADWR where accrued flexibility account credits are limited to 75 percent of the farm’s annual allotment. A negative flexibility account balance that exceeds 25 percent of the annual allotment constitutes a violation of the conservation requirement. Flexibility account credits can be used at any time in future years and may be used to offset debits. Participants in the Historic Cropping Program are not allowed to convey, sell or acquire flexibility account credits.
Integrated Farm Program
The Integrate Farm Program is an alternative conservation program created with input and feedback from the agricultural community. This conservation program allows the owner/operator of IGFRs to combine the allotments of those IGFRs and apply that water anywhere within the combined footprint of the IGFRs. The owner/operator is then able to file a single annual report for the combined footprint.
The maximum annual groundwater allotment will be calculated according to A.R.S. § 45-465. The total combined allotments are subject to a five percent cut to the aquifer, therefore the total allotment for the farm unit would be the sum of the individual allotments of the enrolled IGFRs minus five percent of that total.
Existing flexibility accounts would be frozen, and a new separate flexibility account would be created for the farm unit. Debits and credits would accrue according to the total allotment and would be limited to +/- 50% of the total allotment.
To participate in the program, IGFRs must all be owned or operated by the same individual and be located within the same irrigation district or within the same sub-basin, if outside of an irrigation district.
Irrigation districts
Irrigation Districts are municipal corporations and political subdivisions established as a special taxing district for either agricultural improvement or irrigation and conservation purposes. Irrigation Districts receive, pump, and distribute water to irrigated lands within their service area. There are currently 59 active irrigation districts operating within the boundaries of the AMAs.
Documents
Base Program
Change of Ownership
Annual Reports
Best Management Practices Program
Irrigation Districts
FAQs - General
How do I report my water use?
Visit our Annual Reporting page for a link to report your water use online or print out the forms. You will also find other helpful documents on annual reporting there.
Is there a Grandfathered Right associated with my property? Or - Which property is this Grandfathered Right associated with?
This information can be viewed using the Department’s Groundwater Rights Map. Using this map, you can search by address, county parcel number, or grandfathered right number to view location and right information associated with your search criteria.
I’m selling/purchasing a property which has an irrigation water right, what is required for compliance?
- Both the seller and buyer of an irrigation right are responsible for notifying the Department when a change of ownership occurs within 30 days of sale. This involves submitting a Notification of Change of Ownership of an Irrigation Grandfathered Right form (form 58-500).
- Previously submitted annual reports and conveyance documents can be viewed using our Imaged Records system, which can be found through the following link: https://infoshare.azwater.gov/docushare/dsweb/HomePage
What is an Irrigation Grandfathered Right (IGFR)?
An Irrigation Grandfathered Right is a groundwater right on a specific plot of land. These rights were given at the time a respective Active Management Area was established. The IGFR is specifically for irrigation use. Land without this status in an AMA cannot be irrigated. The IGFR continues to be in use until the owner of the right would like to change its status.
What does it mean to irrigate?
Irrigation is defined as the application of water to two or more acres of land to produce plants for sale or human consumption, or as feed for livestock.
What is non-appurtenant land?
Non-appurtenant land is land within the property lines of a property that has been issued an Irrigation Grandfathered Right, which was not irrigated between the years of 1975-1980. This land is not legally allowed to be irrigated.
What is an “Exempt” Irrigation Right?
- Pursuant to A.R.S. § 45-467, A person using groundwater pursuant to an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres is exempt from the reporting requirements of The Base Program unless one of the following applies:
- The land to which the irrigation grandfathered right is appurtenant is part of an integrated farming operation. (ex: Part of a farming operation with more than 10 irrigated acres.)
- Groundwater is withdrawn from the land to which the irrigation grandfathered right is appurtenant and delivered for use pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to section A.R.S § 45-563.02.
- Groundwater is withdrawn from land that is both owned by the owner of the irrigation grandfathered right and contiguous to the land to which the irrigation grandfathered right is appurtenant and delivered for use pursuant to either a service area right pursuant to article 6 of this chapter or a grandfathered groundwater right other than an irrigation grandfathered right that is appurtenant to irrigation acres that are exempt from irrigation water duties pursuant to A.R.S § 45-563.02
FAQs - Flexibility Account Credits
When can I buy a credit?
*Timing is important when buying a credit. A rightholder may only convey or buy credits that were added to a rightholder’s flexibility account prior to the current calendar year. The Department must be notified of the purchase within 30 days after the sale. The notice form to be submitted is linked here. If these requirements are not met, the Department will NOT honor the conveyances.
- For example, in 2019 rightholders were notified of their 2017 balances and credits accrued in 2017. These 2017 credits will be available for sale in 2019 to correct these overages.
*For more information on these requirements, please refer to A.R.S. § 45-467.
Who can sell a credit?
A rightholder that has a credit balance in their flexibility account may sell all or any portion of the credits registered to the account during the second calendar year following the year in which the credit was registered. Please note that an IGFRs flexibility account credits may not be sold unless the IGFRs appurtenant acres were capable of being irrigated at the end of the calendar year preceding the sale.
- For example, if the year is 2019, credits accrued in 2017 are eligible to be sold.
How many credits can be sold?
The maximum amount of credits that may be sold by an IGFR holder during the calendar year is limited to the amount of credits registered to the flexibility account of the IGFR from the previous two years.
- For example, if the year is 2019, the maximum amount of credits able to be sold are those accrued during the year 2017.
Is there a form to fill out in order to sell credits?
Yes. You must notify the Department with the linked document here. This MUST be completed WITHIN 30 DAYS AFTER THE SALE, or the transfer will not be processed. This form must be filled out to completion, which includes the signature of the IGFR’s owner, buyer’s signature, the document dated and notarized, a dated bill of sale, and the $250 fee.
How much does it cost to transfer credits?
A fee of $250 per conveyance (regardless of the number of credits conveyed) is required and must accompany the notification form. The Department does not regulate the pricing of credits sold.
If I sell too much, may I purchase flexibility credits?
Yes. This purchasing must be done per the statutory requirements outlined here:
*Timing is important when buying a credit. A rightholder may only convey or buy credits that were added to a rightholder’s flexibility account prior to the current calendar year. The Department must be notified of the purchase within 30 days after the sale. The notice form to be submitted is linked here. If these requirements are not met, the Department will NOT honor the conveyances.
- For example, rightholders in 2019 were notified of their 2017 balances and credits accrued in 2017. These 2017 credits will be available for sale in 2019 to correct these overages.
*For more information on these requirements, please refer to A.R.S. 45-467
How do I look up my flex credit balance?
You are able to look up your flex balance with this link.
Is there a list of who is buying and selling credits?
Flexibility account balances are public record. The list of the flexibility account credit balances for IGFRs in each irrigation district is sent to its respective irrigation district office. A complete list of credit balances is available for public review at the Department's office and the Department's website via live query. The Department does not market credits.
Does the Department guarantee my purchase will be credited to my account?
No. The Department will honor the earliest dated bill of sale if it is submitted with the 30 day deadline. If at any time the Department finds that the credits do not exist or the seller does not have a clear title to the credits, the transfer will be voided.
How many credits can be bought?
The total amount of credits that a person can buy or sell during a year is not limited to any certain amount, so long as the credits are transferred in accordance with the *statutory requirements regarding location, timing, and notice to the Department, as described in this notice.
*For more information on these requirements, please refer to § A.R.S. 45-467.