Arizona Administrative Code, 12 — Natural Resources

Partial collection: 1485 complete publisher documents are included. The complete current publisher inventory has not been verified. Dated Cornell/LII edition; all captured usable sections included. Unverified hierarchy pages prevent certification of the complete current inventory.

Chapter 1 Recodified

Article 4 RECODIFIED

Ariz. Admin. Code tit. 12, ch. 1, art. 4, tbl. 1 Recodified

History

• Table 1 made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Article 4, Table 1, recodified to 9 A.A.C. 7, Article 4, Table 1 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Chapter 15 DEPARTMENT OF WATER RESOURCES

Article 12 DAM SAFETY PROCEDURES

Ariz. Admin. Code tit. 12, ch. 15, art. 12, tbl. 2 Size Classification

| Category | Storage Capacity (acre-feet) | Height (feet) | | --- | --- | --- | | Small | 50 to 1,000 | 25 to 40 | | Intermediate | greater than 1,000 and not exceeding 50,000 | higher than 40 and not exceeding 100 | | Large | greater than 50,000 | higher than 100 |

History

• New Table adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code tit. 12, ch. 3 Reserved

Chapter 15 DEPARTMENT OF WATER RESOURCES

Article 12 DAM SAFETY PROCEDURES

Ariz. Admin. Code tit. 12, ch. 15, art. 12, tbl. 4 Inflow Design Flood

| Dam Hazard Class | Dam Size Classification | IDF Magnitude | | --- | --- | --- | | Very Low | All Sizes | 100-year | | Low | All Sizes | 0.25 PMF | | Significant | Small Intermediate Large | 0.25 PMF 0.5 PMF 0.5 PMF | | High* | All Sizes | * |

* For a high hazard potential dam, the applicant shall design the dam to withstand an inflow design flood that varies from .5 PMF to the full PMF, with size increasing based on persons at risk and potential for downstream damage. The applicant shall consider foreseeable future conditions.

History

• New Table adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code tit. 12, ch. 15, art. 5 RESERVED

Ariz. Admin. Code tit. 12, ch. 6 [REPEALED]

History

• Article 1, consisting of Sections R12-6-101 and R12-6-102, Article 2 consisting of Sections R12-6-201 through R12-6-206, Article 3 consisting of Sections R12-6-301 through R12-6-310, Article 4 consisting of Sections R12-6-401 through R12-6-418, Article 5 consisting of Sections R12-6-501 through R12-6-503, Article 6 consisting of Section R12-6-601, and Article 7 consisting of Sections R12-6-701 through R12-6-714, approved summary rules filed December 23, 1997; interim effective date of July 25, 1997, now the permanent effective date (Supp. 97-4). Article 1, consisting of Sections R12-6-101 and R12-6-102, Article 2 consisting of Sections R12-6-201 through R12-6-206, Article 3 consisting of Sections R12-6-301 through R12-6-310, Article 4 consisting of Sections R12-6-401 through R12-6-418, Article 5 consisting of Sections R12-6-501 through R12-6-503, Article 6 consisting of Section R12-6-601, and Article 7 consisting of Sections R12-6-701 through R12-6-714, repealed by summary action with an interim effective date of July 25, 1997; filed in the Office of the Secretary of State July 2, 1997 (Supp. 97-3). Article 1, consisting of Sections R12-6-101 and R12-6-102, Article 2 consisting of Sections R12-6-201 through R12-6-206, Article 3 consisting of Sections R12-6-301 through R12-6-310, Article 4 consisting of Sections R12-6-401 through R12-6-418, Article 5 consisting of Sections R12-6-501 through R12-6-503, Article 6 consisting of Section R12-6-601, Article 7 consisting of Sections R12-6-701 through R12-6-714, adopted effective October 8, 1985. Former Article 1 consisting of Section R12-6-101 repealed effective October 8, 1985.

Ariz. Admin. Code tit. 12, ch. 9 [REPEALED]

History

• This Chapter was repealed by operation of law. A.R.S. § 41-1001 excludes political subdivisions of the state from the definition of "agency." Therefore, the rules of the Maricopa County Parks and Recreation Commission are no longer certified by the Attorney General's Office nor are they filed in the Secretary of State's Office as specified in Attorney General opinion I93-002.

Ariz. Admin. Code tit. 12, ch. 10 [REPEALED]

History

• This Chapter was repealed by operation of law. A.R.S. § 41-1001 excludes political subdivisions of the state from the definition of "agency." Therefore, the rules of the Yavapai County Parks and Recreation Commission are no longer certified by the Attorney General's Office nor are they filed in the Secretary of State's Office as specified in Attorney General opinion I93-002.

Ariz. Admin. Code tit. 12, ch. 11 [REPEALED]

History

• This Chapter was repealed by operation of law. A.R.S. § 41-1001 excludes political subdivisions of the state from the definition of "agency." Therefore, the rules of the Parks Commission of Navajo County are no longer certified by the Attorney General's Office nor are they filed in the Secretary of State's Office as specified in Attorney General opinion I93-002.

Ariz. Admin. Code tit. 12, ch. 12 [REPEALED]

History

• This Chapter was repealed by operation of law. A.R.S. § 41-1001 excludes political subdivisions of the state from the definition of "agency." Therefore, the rules of the Pima County Parks and Recreation Commission are no longer certified by the Attorney General's Office nor are they filed in the Secretary of State's Office as specified in Attorney General opinion I93-002.

Ariz. Admin. Code tit. 12, ch. 13 Reserved

Chapter 5 STATE LAND DEPARTMENT

Ariz. Admin. Code tit. 12, ch. 5, art. 14 [REPEALED]

History

• The heading for Article 14 was repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code tit. 12, ch. 5, art. 15 [REPEALED]

History

• The heading for Article 15 was repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code tit. 12, ch. 16 [REPEALED]

History

• Title 12, Chapter 16 (Solar Energy Commission) was repealed by Laws 1987, Ch. 327, § 1, effective August 18, 1987, retroactively effective to July 1, 1987 (Supp. 00-3).

Chapter 5 STATE LAND DEPARTMENT

Ariz. Admin. Code tit. 12, ch. 5, art. 16.1 RENUMBERED

History

• Article 16.1, consisting of Sections R12-5-570 thru R12-5-576, renumbered to Article 16, Sections R12-5-1606 thru R12-5-1612 (Supp. 93-3).

Chapter 1 Recodified

Ariz. Admin. Code tit. 12, ch. 1, art. 18 RESERVED

Article 1 RECODIFIED

Ariz. Admin. Code tit. 12, ch. 1, art. 1, app A [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective August 10, 1994 (Supp. 94-3).

Article 2 RECODIFED

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4 [REPEALED]

History

• Appendix A, Form ARRA-4 adopted effective November 22, 1988 (Supp. 88-4). Appendix A, Form ARRA-4 repealed, new Form ARRA-4 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4IG [REPEALED]

History

• Form ARRA-4IG adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4IR [REPEALED]

History

• Form ARRA-4IR adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4PA [REPEALED]

History

• Form ARRA-4PA adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4PAR [REPEALED]

History

• Form ARRA-PAR adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4PAT [REPEALED]

History

• Form ARRA-4PAT adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4X [REPEALED]

History

• Form ARRA-4X adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-4XT [REPEALED]

History

• Form ARRA-4XT adopted effective April 17, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Article 4 RECODIFIED

Ariz. Admin. Code tit. 12, ch. 1, art. 4, ARRA-6 [REPEALED]

History

• Adopted effective February 25, 1985 (Supp. 85-1). Form repealed, new form adopted in Article 10 effective August 10, 1994 (Supp. 94-3).

Ariz. Admin. Code tit. 12, ch. 1, art. 4, ARRA-7 [REPEALED]

History

• Adopted effective February 25, 1985 (Supp. 85-1). Repealed effective August 10, 1994 (Supp. 94-3).

Ariz. Admin. Code tit. 12, ch. 1, art. 4, ARRA-8 [REPEALED]

History

• Adopted effective February 25, 1985 (Supp. 85-1). Repealed effective August 10, 1994 (Supp. 94-3).

Article 2 RECODIFED

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-13 [REPEALED]

History

• Form ARRA-13 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-1004 [REPEALED]

History

• Form ARRA-1004 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-1005 [REPEALED]

History

• Form ARRA-1005 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-1030 [REPEALED]

History

• Form ARRA-1030 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-1050 [REPEALED]

History

• Form ARRA-1050 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-1070 [REPEALED]

History

• Form ARRA-1070 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code tit. 12, ch. 1, art. 2, form ARRA-1090 [REPEALED]

History

• Form 1090 adopted effective April 17, 1996 (Supp. 96-2). Repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, (Supp. 01-2).

Article 1 RECODIFIED

Ariz. Admin. Code tit. 12, ch. 1, art. 1, app B [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective August 10, 1994 (Supp. 94-3).

Article 3 RECODIFED

Ariz. Admin. Code tit. 12, ch. 1, art. 3, exh. C Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Schedule C repealed; new Exhibit C renumbered from Exhibit D and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Article 3, Exhibit C, recodified to 9 A.A.C. 7, Article 3, Exhibit C at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code tit. 12, ch. 1, art. 3, exh. D Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Former Schedule D renumbered to Exhibit C; new Exhibit D renumbered from Schedule E and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Exhibit D amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Article 3, Exhibit D, recodified to 9 A.A.C. 7, Article 3, Exhibit D at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code tit. 12, ch. 1, art. 3, exh. E Recodified

History

• Adopted effective February 18, 1994 (Supp. 94-1). Former Schedule E renumbered to Exhibit D; new Exhibit adopted by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Article 3, Exhibit E, recodified to 9 A.A.C. 7, Article 3, Exhibit E at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 1 RECODIFIED

Ariz. Admin. Code § R12-1-101 Recodified

History

• Former Rule Section A.1; Former Section R12-1-101 repealed, new Section R12-1-101 adopted effective June 30, 1977 (Supp. 77-3). Amended effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rule-making at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-101 recodified to R9-7-101 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-102 Recodified

History

• Former Rule Section A.2. Former Section R12-1-102 repealed, new Section R12-1-102 adopted effective June 30, 1977 (Supp. 77-3). Amended effective November 19, 1982 (Supp. 82-6). Amended effective February 25, 1985 (Supp. 85-1). Amended by adding a new paragraph (31), subparagraph (w) and renumbering the former paragraph (31), subparagraphs (w) through (z) accordingly effective November 28, 1986 (Supp. 86-6). Amended by adding a new paragraph (34) and renumbering the former paragraphs (34) through (68) accordingly effective June 26, 1987 (Supp. 87-2). Amended effective April 2, 1990 (Supp. 90-2). Amended effective November 5, 1993 (Supp. 93-4). Amended effective February 18, 1994 (Supp. 94-1). Amended effective August 10, 1994 (Supp. 94-3). Amended effective January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-102 recodified to R9-7-102 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-103 Recodified

History

• Former Rule Section A.3; Former Section R12-1-103 repealed, new Section R12-1-103 adopted effective June 30, 1977 (Supp. 77-3). Amended effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rule-making at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-103 recodified to R9-7-103 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-104 Recodified

History

• Former Rule Section A.4; Former Section R12-1-104 repealed, new Section R12-1-104 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-104 repealed, new Section R12-1-104 renumbered from R12-1-112 and amended effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section R12-1-104 recodified to R9-7-104 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-105 Recodified

History

• Former Rule Section A.5; Former Section R12-1-105 repealed, new Section R12-1-105 adopted effective June 30, 1977 (Supp. 77-3). Section repealed effective April 2, 1990 (Supp. 90-2). New Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section R12-1-105 recodified to R9-7-105 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-106 Recodified

History

• Former Rule Section A.6; Former Section R12-1-1 -6 repealed, new Section R12-1-106 adopted effective June 30, 1977 (Supp. 77-3). Section repealed effective April 2, 1990 (Supp. 90-2). New Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section R12-1-106 recodified to R9-7-106 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-107 Recodified

History

• Former Rule Section A.7; Former Section R12-1-107 repealed, new Section R12-1-107 adopted effective June 30, 1977 (Supp. 77-3). Section repealed effective April 2, 1990 (Supp. 90-2). New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-107 recodified to R9-7-107 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-108 [REPEALED]

History

• Former Rule Section A.8; Former Section R12-1-108 repealed, new Section R12-1-108 adopted effective June 30, 1977 (Supp. 77-3). Change of address (Supp. 85-6). Section repealed effective April 2, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-1-109 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Section repealed effective April 2, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-1-110 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Section repealed effective April 2, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-1-111 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Section repealed effective April 2, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-1-112 Renumbered

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-112 renumbered to R12-1-104 effective April 2, 1990 (Supp. 90-2).

Article 2 RECODIFED

Ariz. Admin. Code § R12-1-201 Recodified

History

• Former Rule Section B.3. Former Section R12-1-203 repealed, new Section R12-1-203 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-201 repealed, former Section R12-1-203 renumbered as R12-1-201 and amended effective November 22, 1988 (Supp. 88-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-201 recodified to R9-7-201 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). R12-1-202. Recodified Former Rule Section B.4. Former Section R12-1-204 repealed, new Section R12-1-204 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-202 repealed, former Section R12-1-204 renumbered as R12-1-202 and amended effective November 22, 1988 (Supp. 88-4). Amended effective January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective June 11, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-202 recodified to R9-7-202 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-202 Recodified

History

• Former Rule Section B.4. Former Section R12-1-204 repealed, new Section R12-1-204 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-202 repealed, former Section R12-1-204 renumbered as R12-1-202 and amended effective November 22, 1988 (Supp. 88-4). Amended effective January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective June 11, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-202 recodified to R9-7-202 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-203 Recodified

History

• Former Rule Section B.5. Former Section R12-1-205 repealed, new Section R12-1-205 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-205 renumbered as R12-1-203 and amended effective November 22, 1988 (Supp 88-4). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-203 recodified to R9-7-203 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-204 Recodified

History

• Former Rule Section B.6. Former Section R12-1-206 repealed, new Section R12-1-206 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-206 renumbered as R12-1-204 and amended effective November 22, 1988 (Supp. 88-4). Amended effective January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Section R12-1-204 recodified to R9-7-204 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-205 Recodified

History

• Former Rule Section B.7. Former Section R12-1-207 repealed, new Section R12-1-207 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-207 renumbered as R12-1-205 and amended effective November 22, 1988 (Supp. 88-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-205 recodified to R9-7-205 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-206 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-209 renumbered as Section R12-1-206 and amended effective November 22, 1988 (Supp. 88-4). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, (Supp. 09-2). Section R12-1-206 recodified to R9-7-206 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-207 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-210 renumbered as Section R12-1-207 and amended effective November 22, 1988 (Supp. 88-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-207 recodified to R9-7-207 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-208 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective November 22, 1988 (Supp. 88-4). New Section adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Corrected subsection (1) by adding reference to R12-1-614(B)(1) and (2), which was inadvertently omitted in 03-3 rulemaking (Supp. 14-1). Section R12-1-208 recodified to R9-7-208 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-209 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-209 recodified to R9-7-209 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 3 RECODIFED

Ariz. Admin. Code § R12-1-301 Recodified

History

• Former Rule Section C.1. Former Section R12-1-301 repealed, new Section R12-1-301 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-301 renumbered to R12-1-322, new Section R12-1-301 adopted effective February 18, 1994 (Supp. 94-1). Former Section R12-1-301 repealed; new Section R12-1-301 renumbered from R12-1-302 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-301 recodified to R9-7-301 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-302 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Amended subsection (C) effective November 22, 1988 (Supp. 88-4). Former Section R12-1-302 renumbered to R12-1-303, new Section R12-1-302 renumbered from R12-1-301 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-302 renumbered to R12-1-301; new Section R12-1-302 renumbered from R12-1-303 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-302 recodified to R9-7-302 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-303 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-303 renumbered to R12-1-304, new Section R12-1-303 renumbered from R12-1-302 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-303 renumbered to R12-1-302; new Section R12-1-303 renumbered from R12-1-304 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-303 recodified to R9-7-303 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-304 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-304 renumbered to R12-1-305, new Section R12-1-304 renumbered from R12-1-303 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-304 renumbered to R12-1-303; new Section R12-1-304 renumbered from R12-1-305 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-304 recodified to R9-7-304 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-305 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-305 renumbered to R12-1-306, new Section R12-1-305 renumbered from R12-1-304 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-305 renumbered to R12-1-304; new Section R12-1-305 renumbered from R12-1-306 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Section R12-1-305 recodified to R9-7-305 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-306 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-306 renumbered to R12-1-307, new Section R12-1-306 renumbered from R12-1-305 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-306 renumbered to R12-1-305; new Section R12-1-306 renumbered from R12-1-307 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-306 recodified to R9-7-306 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-307 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective December 20, 1985 (Supp. 85-6). Former Section R12-1-307 re- numbered to R12-1-308, new Section R12-1-307 renumbered from R12-1-306 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-307 renumbered to R12-1-306; new Section R12-1-307 renumbered from R12-1-308 and repealed by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2).

Ariz. Admin. Code § R12-1-308 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-308 renumbered to R12-1-309, new Section R12-1-308 renumbered from R12-1-307 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-308 renumbered to R12-1-307; new Section R12-1-308 renumbered from R12-1-309 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-308 recodified to R9-7-308 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-309 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-309 renumbered to R12-1-310, new Section R12-1-309 renumbered from R12-1-308 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-309 renumbered to R12-1-308; new Section R12-1-309 renumbered from R12-1-310 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-309 recodified to R9-7-309 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-310 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Amended effective November 5, 1993 (Supp. 93-4). Former Section R12-1-310 renumbered to R12-1-311, new Section R12-1-310 renumbered from R12-1-309 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-310 renumbered to R12-1-309; new Section R12-1-310 renumbered from R12-1-311 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Section R12-1-310 recodified to R9-7-310 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-311 Recodified

History

• Former Rule Section C.101. Former Section R12-1-311 repealed, new Section R12-1-311 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-311 renumbered to R12-1-312, new Section R12-1-311 renumbered from R12-1-310 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-311 renumbered to R12-1-310; new Section R12-1-311 renumbered from R12-1-312 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016; correction made to subsection R12-1-311(D)(2) removing (a) and (b) to reflect renumbering scheme as submitted in Supp. 09-2 (Supp. 16-1). Section R12-1-311 recodified to R9-7-311 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-312 Recodified

History

• Former Rule Section C.102; Former Section R12-1-312 repealed, new Section R12-1-312 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-312 renumbered to R12-1-313, new Section R12-1-312 renumbered from R12-1-311 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-312 renumbered to R12-1-311; new Section R12-1-312 renumbered from R12-1-313 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-312 recodified to R9-7-312 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-313 Recodified

History

• Former Rule Section C.103; Former Section R12-1-313 repealed, new Section R12-1-313 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Amended effective June 20, 1990 (Supp. 90-2). Former Section R12-1-313 renumbered to R12-1-314, new Section R12-1-313 renumbered from R12-1-312 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-313 renumbered to R12-1-312; new Section R12-1-313 renumbered from R12-1-314 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-313 recodified to R9-7-313 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-314 Recodified

History

• Former Rule Section C.104; Former Section R12-1-314 repealed, new Section R12-1-314 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-314 renumbered to R12-1-315, new Section R12-1-314 renumbered from R12-1-313 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-314 renumbered to R12-1-313; new Section R12-1-314 renumbered from R12-1-315 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-314 recodified to R9-7-314 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-315 Recodified

History

• Former Rule Section C.105; Former Section R12-1-315 repealed, new Section R12-1-315 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-315 renumbered to R12-1-316, new Section R12-1-315 renumbered from R12-1-314 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-315 renumbered to R12-1-314; new Section R12-1-315 renumbered from R12-1-316 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-315 recodified to R9-7-315 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-316 Recodified

History

• Former Rule Section C.106; Former Section R12-1-316 repealed, new Section R12-1-316 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-316 renumbered to R12-1-317, new Section R12-1-316 renumbered from R12-1-315 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-316 renumbered to R12-1-315; new Section R12-1-316 renumbered from R12-1-317 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-316 recodified to R9-7-316 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-317 Recodified

History

• Former Rule Section C.107; Former Section R12-1-317 repealed, new Section R12-1-317 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-317 renumbered to R12-1-318, new Section R12-1-317 renumbered from R12-1-316 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-317 renumbered to R12-1-316; new Section R12-1-317 renumbered from R12-1-318 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-317 recodified to R9-7-317 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-318 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-318 renumbered to R12-1-319, new Section R12-1-318 renumbered from R12-1-317 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-318 renumbered to R12-1-317; new Section R12-1-318 renumbered from R12-1-319 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-318 recodified to R9-7-318 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-319 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-319 renumbered to R12-1-320, new Section R12-1-319 renumbered from R12-1-318 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-319 renumbered to R12-1-318; new Section R12-1-319 renumbered from R12-1-320 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-319 recodified to R9-7-319 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-320 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-320 renumbered to R12-1-321, new Section R12-1-320 renumbered from R12-1-319 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-320 renumbered to R12-1-319; new Section R12-1-320 renumbered from R12-1-321 and amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-320 recodified to R9-7-320 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-321 [REPEALED]

History

• Former Rule Section C.201; Former Section R12-1-321 repealed, new Section R12-1-321 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-321 renumbered to R12-1-322, new Section R12-1-321 renumbered from R12-1-320 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-321 renumbered to R12-1-320; new Section R12-1-321 renumbered from R12-1-322 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-1-322 Recodified

History

• Former Section R12-1-322 repealed effective June 30, 1977 (Supp. 77-3). New Section R12-1-322 renumbered from R12-1-321 effective February 18, 1994 (Supp. 94-1). Former Section R12-1-322 renumbered to R12-1-321; new Section R12-1-322 renumbered from R12-1-323 and amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-32 re-codified to R9-7-322 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-323 Recodified

History

• Former Section R12-1-323 repealed effective June 30, 1977 (Supp. 77-3). New Section R12-1-323 adopted effective February 18, 1994 (Supp. 94-1). Former Section R12-1-323 renumbered to R12-1-322; new Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-323 recodified to R9-7-323 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-324 Recodified

History

• Repealed effective June 30, 1977 (Supp. 77-3). New Section made by final rulemaking at 10 A.A.R. 4588, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-324 recodified to R9-7-324 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-325 Recodified

History

• Repealed effective June 30, 1977 (Supp. 77-3). New Section made by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-325 recodified to R9-7-325 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-326 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-327 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-328 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-329 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-330 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-331 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-332 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-333 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-334 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-335 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-336 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-337 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-338 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-339 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-340 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-341 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-342 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-343 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-344 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-345 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-346 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-347 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Ariz. Admin. Code § R12-1-348 [REPEALED]

History

• Repealed effective June 30, 1977 (Supp. 77-3).

Article 4 RECODIFIED

Ariz. Admin. Code § R12-1-401 Recodified

History

• Former Rule Section D.1; Former Section R12-1-401 repealed, new Section R12-1-401 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-401 recodified to R9-7-401 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-402 Recodified

History

• Former Rule Section D.2; Former Section R12-1-402 repealed, new Section R12-1-402 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended subsection (A) effective June 26, 1987 (Supp. 87-2). Section re- pealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-402 recodified to R9-7-402 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-403 Recodified

History

• Former Rule Section D.3, Former Section R12-1-403 repealed, new Section R12-1-403 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-403 recodified to R9-7-403 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-404 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-404 recodified to R9-7-404 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-405 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-405 recodified to R9-7-405 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-406 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-406 recodified to R9-7-406 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-407 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25. 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-407 recodified to R9-7-407 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-408 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, (Supp. 14-1). Section R12-1-408 recodified to R9-7-408 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-409 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-409 recodified to R9-7-409 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-410 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended effective June 20, 1990 (Supp. 90-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-410 recodified to R9-7-410 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). R12-1-411. Recodified Former Rule Section D.101; Former Section R12-1-411 repealed, new Section R12-1-411 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended subsection (F) effective June 26, 1987 (87-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-411 recodified to R9-7-411 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-411 Recodified

History

• Former Rule Section D.101; Former Section R12-1-411 repealed, new Section R12-1-411 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended subsection (F) effective June 26, 1987 (87-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-411 recodified to R9-7-411 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-412 Recodified

History

• Former Rule Section D.102; Former Section R12-1-412 repealed, new Section R12-1-412 adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-412 recodified to R9-7-412 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-413 Recodified

History

• Former Rule Section D.103. Former Section R12-1-413 repealed, new Section R12-1-413 adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-413 recodified to R9-7-413 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-414 Recodified

History

• Former Rule Section D. 104; Former Section R12-1-414 repealed, new Section R12-1-414 adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Section R12-1-414 recodified to R9-7-414 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-415 Recodified

History

• Former Rule Section D. 105; Former Section R12-1-415 repealed, new Section R12-1-415 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-415 recodified to R9-7-415 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-416 Recodified

History

• Former Rule Section D. 106; Former Section R12-1-416 repealed, new Section R12-1-416 adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-416 recodified to R9-7-416 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-417 Recodified

History

• Former Rule Section D. 107; Former Section R12-1-417 repealed, new Section R12-1-417 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-417 recodified to R9-7-417 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-418 Recodified

History

• Former Rule Section D. 108; Former Section R12-1-418 repealed, new Section R12-1-418 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rule-making at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-418 recodified to R9-7-418 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-419 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-419 recodified to R9-7-419 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-420 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-420 recodified to R9-7-420 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-421 Recodified

History

• Former Rule Section D.201; Former Section R12-1-421 repealed, new Section R12-1-421 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-421 recodified to R9-7-421 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-422 Recodified

History

• Former Rule Section D.202; Former Section R12-1-422 repealed, new Section R12-1-422 adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-422 recodified to R9-7-422 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-423 Recodified

History

• Former Rule Section D.203. Former Section R12-1-423 repealed, new Section R12-1-423 adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section R12-1-423 recodified to R9-7-423 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-424 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-424 recodified to R9-7-424 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-425 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-425 recodified to R9-7-425 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-426 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-426 recodified to R9-7-426 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-427 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-427 recodified to R9-7-427 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-428 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-428 repealed, new Section R12-1-428 adopted effective June 26, 1987 (Supp. 87-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-428 recodified to R9-7-428 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-429 Recodified

History

• Former Section R12-1-429 repealed effective June 30, 1977 (Supp. 77-3). New Section 12-1-429 adopted effective June 26, 1987 (Supp. 87-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-429 recodified to R9-7-429 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-430 Recodified

History

• Former Section R12-1-430 repealed effective June 30, 1977 (Supp. 77-3). New Section R12-1-430 adopted effective June 26, (Supp. 87-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-430 recodified to R9-7-430 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-431 Recodified

History

• Former Section R12-1-431 repealed effective June 30, 1977 (Supp. 77-3). New Section R12-1-431 adopted effective June 26, 1987 (Supp. 87-2). Amended effective November 5, 1993 (Supp. 93-4). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rule-making at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-431 recodified to R9-7-431 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-432 Recodified

History

• Repealed effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-432 recodified to R9-7-432 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-433 Recodified

History

• Repealed effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-433 recodified to R9-7-433 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-434 Recodified

History

• Repealed effective June 30, 1977 (Supp. 77-3). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-434 recodified to R9-7-434 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-435 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-435 recodified to R9-7-435 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-436 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-436 recodified to R9-7-436 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-437 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-437 recodified to R9-7-437 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-438 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-438 recodified to R9-7-438 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-438.01 Recodified

History

• Section R12-1-438.01 made by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-438.01 re-codified to R9-7-438.01 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-439 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-439 recodified to R9-7-439 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-440 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-440 recodified to R9-7-440 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-441 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-441 recodified to R9-7-441 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-442 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 5 A.A.R. 1812, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-442 recodified to R9-7-442 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-443 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-443 recodified to R9-7-443 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-444 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-444 recodified to R9-7-444 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-445 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-445 recodified to R9-7-445 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-446 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-446 recodified to R9-7-446 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-447 Recodified

History

• Adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-447 recodified to R9-7-447 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-448 Recodified

History

• Adopted effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-448 recodified to R9-7-448 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-449 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-449 recodified to R9-7-449 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-450 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-450 recodified to R9-7-450 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-451 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-451 recodified to R9-7-451 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-452 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-452 recodified to R9-7-452 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-453 Recodified

History

• New Section made by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-453 recodified to R9-7-453 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-454 Recodified

History

• New Section made by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-454 recodified to R9-7-454 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-455 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-455 recodified to R9-7-455 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 5 RECODIFIED

Ariz. Admin. Code § R12-1-501 Recodified

History

• Former Rule Section E.1; Former Section R12-1-501 repealed, new Section R12-1-501 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-501 repealed, new Section adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-501 recodified to R9-7-501 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-502 Recodified

History

• Former Rule Section E.2; Former Section R12-1-502 repealed, new Section R12-1-502 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-502 repealed, new Section adopted effective April 2, 1990 (Supp. 90-2). Section repealed, new Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-502 recodified to R9-7-502 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-503 Recodified

History

• Former Rule Section E.3; Former Section R12-1-503 repealed, new Section R12-1-503 adopted effective June 30, 1977 (Supp. 77-3). Amended effective December 20, 1985 (Supp. 85-6). Former Section R12-1-503 repealed, new Section adopted effective April 2, 1990 (Supp. 90-2). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-503 recodified to R9-7-503 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-504 Recodified

History

• Former Rule Section E.4; Former Section R12-1-504 repealed, new Section R12-1-504 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-504 repealed, new Section R12-1-504 adopted effective December 20, 1985 (Supp. 85-6). Former Section R12-1-504 repealed, new Section adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-504 recodified to R9-7-504 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-505 Recodified

History

• Former Rule Section E.5; Former Section R12-1-505 repealed, new Section R12-1-505 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-505 repealed, new Section R12-1-505 adopted effective December 20, 1985 (Supp. 85-6). Amended subsections (A), (F) and (G) effective May 2, 1988 (Supp. 88-2). Former Section R12-1-505 repealed, new Section adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-505 recodified to R9-7-505 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-506 Recodified

History

• Former Rule Section E.6; Former Section R12-1-506 repealed, new Section R12-1-506 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-506 repealed, new Section R12-1-506 adopted effective December 20, 1985 (Supp. 85-6). Amended subsection (A) effective May 2, 1988 (Supp. 88-2). Former Section R12-1-506 repealed, new Section adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-506 recodified to R9-7-506 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-507 Recodified

History

• Former Section R12-1-507 repealed effective December 20, 1985 (Supp. 85-6). New Section adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-507 recodified to R9-7-507 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-508 Recodified

History

• Former Section R12-1-508 repealed effective December 20, 1985 (Supp. 85-6). New Section adopted effective April 2, 1990 (Supp. 90-2). Heading amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-508 recodified to R9-7-508 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-509 Recodified

History

• Former Section R12-1-509 repealed effective December 20, 1985 (Supp. 85-6). New Section adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-509 recodified to R9-7-509 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-510 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section adopted effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-510 recodified to R9-7-510 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-511 [REPEALED]

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section adopted effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-1-512 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-512 recodified to R9-7-512 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-513 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-513 recodified to R9-7-513 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-514 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section R12-1-514 recodified to R9-7-514 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-515 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-515 recodified to R9-7-515 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-516 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-516 recodified to R9-7-516 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-517 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-517 recodified to R9-7-517 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-518 Recodified

History

• Repealed effective December 20, 1985 (Supp. 85-6). New Section made by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-518 recodified to R9-7-518 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-519 [REPEALED]

History

• Repealed effective December 20, 1985 (Supp. 85-6).

Ariz. Admin. Code § R12-1-520 [REPEALED]

History

• Repealed effective December 20, 1985 (Supp. 85-6).

Ariz. Admin. Code § R12-1-521 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-1-522 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-522 recodified to R9-7-522 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-523 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-523 recodified to R9-7-523 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-524 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-524 recodified to R9-7-524 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-525 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-525 recodified to R9-7-525 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-526 Reserved

Ariz. Admin. Code § R12-1-527 Reserved

Ariz. Admin. Code § R12-1-528 Reserved

Ariz. Admin. Code § R12-1-529 Reserved

Ariz. Admin. Code § R12-1-530 Reserved

Ariz. Admin. Code § R12-1-531 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-531 recodified to R9-7-531 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-532 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Section R12-1-532 recodified to R9-7-532 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-533 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-533 recodified to R9-7-533 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-534 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-1-535 Recodified

History

• New Section made by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section R12-1-535 recodified to R9-7-535 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-536 Reserved

Ariz. Admin. Code § R12-1-537 Reserved

Ariz. Admin. Code § R12-1-538 Reserved

Ariz. Admin. Code § R12-1-539 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-539 recodified to R9-7-539 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-540 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-540 recodified to R9-7-540 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-541 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective August 10, 1994 (Supp. 94-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section repealed by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (05-1).

Ariz. Admin. Code § R12-1-542 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective August 10, 1994 (Supp. 94-3). New Section made by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section repealed by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (05-1).

Ariz. Admin. Code § R12-1-543 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-543 recodified to R9-7-543 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 6 RECODIFIED

Ariz. Admin. Code § R12-1-601 [REPEALED]

History

• Former Rule Section F.1; Former Section R12-1-601 repealed, new Section R12-1-601 adopted effective June 30, 1977 (Supp. 77-3). Repealed effective August 8, 1986 (Supp. 86-4).

Ariz. Admin. Code § R12-1-602 Recodified

History

• Former Rule Section F.2; Former Section R12-1-602 repealed, new Section R12-1-602 adopted effective June 30, 1977 (Supp. 77-3). Amended effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-602 recodified to R9-7-602 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-603 Recodified

History

• Former Rule Section F.3; Former Section R12-1-603 repealed, new Section R12-1-603 adopted effective June 30, 1977 (Supp. 77-3). Amended effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-603 recodified to R9-7-603 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-604 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-604 recodified to R9-7-604 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-605 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended subsections (A) and (B) effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-605 and Tables I and II, recodified to R9-7-605, Tables I and II, at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-606 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-606 repealed, new Section R12-1-606 adopted effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-606 recodified to R9-7-606 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-607 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-607 repealed, new Section R12-1-607 adopted effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-607 recodified to R9-7-607 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-608 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended subsections (A) and (C) effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-608 recodified to R9-7-608 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-609 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended subsections (A) and (C) effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-609 recodified to R9-7-609 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-610 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective August 8, 1986 (Supp. 86-4). Amended January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-610 recodified to R9-7-610 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-610.01 Recodified

History

• New Section R12-1-610.01 made by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-610.01 recodified to R9-7-610.01 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-611 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-611 repealed, new Section R12-1-611 adopted effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-611 recodified to R9-7-611 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-611.01 Recodified

History

• New Section R12-1-611.01 made by final rulemaking at 20 A.A.R. 811, effective May 3, 2014 (Supp. 14-1). Section R12-1-611.01 recodified to R9-7-611.01 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-611.02 Recodified

History

• New Section R12-1-611.02 made by final rulemaking at 20 A.A.R. 811, effective May 3, 2014 (Supp. 14-1). Section R12-1-611.02 recodified to R9-7-611.02 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-612 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-612 repealed, new Section R12-1-612 adopted effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R.1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-612 recodified to R9-7-612 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-613 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended subsection (B) effective August 8, 1986 (Supp. 86-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-613 recodified to R9-7-613 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-614 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rule-making at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-614 recodified to R9-7-614 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-615 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Section repealed by final rulemaking at 9 A.A.C. 4302, effective November 14, 2003 (Supp. 03-3). New Section R12-1-615 made by final rulemaking at 19 A.A.R. 3882, effective January 4, 2014 (Supp. 13-4). Section R12-1-615 recodified to R9-7-615 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 7 RECODIFIED

Ariz. Admin. Code § R12-1-701 Recodified

History

• Former Rule Section G.1. Former Section R12-1-701 repealed, new Section R12-1-701 adopted effective June 30, 1977 (Supp. 77-3). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (07-1). Section R12-1-701 recodified to R9-7-701 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-702 Recodified

History

• Former Rule Section G.2; Former Section R12-1-702 repealed, new Section R12-1-702 adopted effective June 30, 1977 (Supp. 77-3). Former Section R121-702 renumbered and amended as Section R12-1-703, new Section R12-1-702 adopted effective December 20, 1985 (Supp. 85-6). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-702 recodified to R9-7-702 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-703 Recodified

History

• Former Rule Section G.3; Former Section R12-1-703 repealed, new Section R12-1-703 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-703 renumbered and amended as Section R12-1-704, former Section R12-1-702 renumbered and amended as Section R12-1-703 effective December 20, 1985 (Supp. 85-6). Section repealed and new Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-703 recodified to R9-7-703 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-704 Recodified

History

• Repealed effective June 30, 1977 (Supp. 77-3). Former Section R12-1-703 renumbered and amended as Section R12-1-704 effective December 20, 1985 (Supp. 85-6). Section repealed and new Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section repealed; new Section made by final rulemaking at A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-704 recodified to R9-7-704 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-705 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-705 recodified to R9-7-705 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-706 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-706 recodified to R9-7-706 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-707 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-707 recodified to R9-7-707 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-708 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-708 recodified to R9-7-708 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-709 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). New Section made by final rule-making at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-709 recodified to R9-7-709 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-710 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-710 recodified to R9-7-710 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-711 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-711 recodified to R9-7-711 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-712 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-712 recodified to R9-7-712 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-713 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-713 recodified to R9-7-713 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-714 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-714 recodified to R9-7-714 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-715 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). New Section made by final rule-making at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-715 recodified to R9-7-715 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-716 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-716 recodified to R9-7-716 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-717 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-717 recodified to R9-7-717 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-718 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-718 recodified to R9-7-718 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-719 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-719 recodified to R9-7-719 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-720 Recodified

History

• New Section made by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-720 recodified to R9-7-720 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-721 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-721 recodified to R9-7-721 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-722 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-722 recodified to R9-7-722 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-723 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-723 recodified to R9-7-723 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-724 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-724 recodified to R9-7-724 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-725 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-725 recodified to R9-7-725 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-726 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-726 recodified to R9-7-726 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-727 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-727 recodified to R9-7-727 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-728 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-728 recodified to R9-7-728 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-729 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-729 recodified to R9-7-729 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-730 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-730 recodified to R9-7-730 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-731 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-731 recodified to R9-7-731 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-732 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-732 recodified to R9-7-732 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-733 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-733 recodified to R9-7-733 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-734 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-734 recodified to R9-7-734 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-735 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-735 recodified to R9-7-735 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-736 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-736 recodified to R9-7-736 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-737 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-737 recodified to R9-7-737 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-738 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-738 recodified to R9-7-738 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-739 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-739 recodified to R9-7-739 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-740 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-740 recodified to R9-7-740 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-741 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-741 recodified to R9-7-741 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-742 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-742 recodified to R9-7-742 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-743 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-743 recodified to R9-7-743 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-744 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-744 recodified to R9-7-744 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-745 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-745 recodified to R9-7-745 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-746 Recodified

History

• New Section made by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-746 recodified to R9-7-746 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 8 RECODIFIED

Ariz. Admin. Code § R12-1-801 Recodified

History

• Former Rule Section H.1; Former Section R12-1-801 repealed, new Section R12-1-801 adopted effective June 30, 1977 (Supp. 77-3). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-801 recodified to R9-7-801 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-802 Recodified

History

• Former Rule Section H.2; Former Section R12-1-802 repealed, new Section R12-1-802 adopted effective June 30, 1977 (Supp. 77-3). Amended effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-802 recodified to R9-7-802 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-803 Recodified

History

• Former Rule Section H.3; Former Section R12-1-803 repealed, new Section R12-1-803 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-803 repealed, new Section R12-1-803 adopted effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-803 recodified to R9-7-803 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-804 Recodified

History

• Former Rule Section H.4; Former Section R12-1-804 repealed, new Section R12-1-804 adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-804 renumbered as Section R12-1-805 without change, new Section R12-1-804 adopted effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-804 recodified to R9-7-804 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-805 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Former Section R12-1-805 renumbered as Section R12-1-806 without change. Former Section R12-1-804 renumbered as Section R12-1-805 without change effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-805 recodified to R9-7-805 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-806 Recodified

History

• Former Section R12-1-805 renumbered as Section R12-1-806 without change effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-806 recodified to R9-7-806 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-807 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-807 recodified to R9-7-807 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-808 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-808 recodified to R9-7-808 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-809 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-809 recodified to R9-7-809 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 9 RECODIFIED

Ariz. Admin. Code § R12-1-901 Recodified

History

• Former Rule Section I.1; Former Section R12-1-901 repealed, new Section R12-1-901 adopted effective June 30, 1977 (Supp. 77-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Section R12-1-901 recodified to R9-7-901 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-902 Recodified

History

• Former Rule Section I.2; Former Section R12-1-902 repealed, new Section R12-1-902 adopted effective June 30, 1977 (Supp. 77-3). Amended effective June 13, 1997 (Supp. 97-2). Section repealed by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). New Section made by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-902 recodified to R9-7-902 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-903 Recodified

History

• Former Rule Section I.3; Former Section R12-1-903 repealed, new Section R12-1-903 adopted effective June 30, 1977 (Supp. 77-3). Amended effective Aug. 8, 1986 (Supp. 86-4). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-903 recodified to R9-7-903 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-904 Recodified

History

• Former Rule Section I.4; Former Section R12-1-904 repealed, new Section R12-1-904 adopted effective June 30, 1977 (Supp. 77-3). Amended effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-904 recodified to R9-7-904 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-905 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective August 8, 1986 (Supp. 86-4). New Section made by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-905 recodified to R9-7-905 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-906 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-906 recodified to R9-7-906 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-907 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended subsection (A) effective Aug. 8, 1986 (Supp. 86-4). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-907 recodified to R9-7-907 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-908 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-908 recodified to R9-7-908 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-909 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-909 recodified to R9-7-909 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-910 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended subsection (D) effective Aug. 8, 1986 (Supp. 86-4). Amended by final rule-making at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-910 recodified to R9-7-910 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-911 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective Aug. 8, 1986 (Supp. 86-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-911 recodified to R9-7-911 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-912 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective Aug. 8, 1986 (Supp. 86-4). Amended effective June 13, 1997 (Supp. 97-2). Section repealed by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-1-913 Recodified

History

• New Section made by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 13 A.A.R. 1217, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-913 recodified to R9-7-913 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-914 Recodified

History

• New Section made by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Section R12-1-914 recodified to R9-7-914 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 10 RECODIFIED

Ariz. Admin. Code § R12-1-1001 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1001 recodified to R9-7-1001 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1002 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1002 recodified to R9-7-1002 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1003 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Section R12-1-1003 recodified to R9-7-1003 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1004 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3) Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 20 A.A.R. 324, effective March 8, 2014 (Supp. 14-1). Section R12-1-1004 recodified to R9-7-1004 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1005 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1005 recodified to R9-7-1005 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1006 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1006 recodified to R9-7-1006 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1007 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1007 recodified to R9-7-1007 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1008 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Amended effective February 25, 1985 (Supp. 85-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). R12-1-1008 updated to reflect a corrected Arizona Revised Statute article number (Supp. 07-1). Section R12-1-1008 recodified to R9-7-1008 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 11 RECODIFIED

Ariz. Admin. Code § R12-1-1101 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective June 13, 1997 (Supp. 97-2).

Ariz. Admin. Code § R12-1-1102 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective June 13, 1997 (Supp. 9702). New Section made by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (Supp. 05-1). Section R12-1-1102 recodified to R9-7-1102 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1103 [REPEALED]

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective June 13, 1997 (Supp. 97-2).

Ariz. Admin. Code § R12-1-1104 Recodified

History

• Adopted effective June 30, 1977 (Supp. 77-3). Repealed effective June 13, 1997 (Supp. 97-2). New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1104 recodified to R9-7-1104 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1105 Reserved

Ariz. Admin. Code § R12-1-1106 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1106 recodified to R9-7-1106 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1107 Reserved

Ariz. Admin. Code § R12-1-1108 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1108 recodified to R9-7-1108 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1109 Reserved

Ariz. Admin. Code § R12-1-1110 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1110 recodified to R9-7-1110 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1111 Reserved

Ariz. Admin. Code § R12-1-1112 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1112 recodified to R9-7-1112 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1113 Reserved

Ariz. Admin. Code § R12-1-1114 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1114 recodified to R9-7-1114 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1115 Reserved

Ariz. Admin. Code § R12-1-1116 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1116 recodified to R9-7-1116 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1117 Reserved

Ariz. Admin. Code § R12-1-1118 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1118 recodified to R9-7-1118 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1119 Reserved

Ariz. Admin. Code § R12-1-1120 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1- 1120 recodified to R9-7-1120 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1121 Reserved

Ariz. Admin. Code § R12-1-1122 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1122 recodified to R9-7-1122 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1123 Reserved

Ariz. Admin. Code § R12-1-1124 Reserved

Ariz. Admin. Code § R12-1-1125 Reserved

Ariz. Admin. Code § R12-1-1126 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1126 recodified to R9-7-1126 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1127 Reserved

Ariz. Admin. Code § R12-1-1128 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1128 recodified to R9-7-1128 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1129 Reserved

Ariz. Admin. Code § R12-1-1130 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1130 recodified to R9-7-1130 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1131 Reserved

Ariz. Admin. Code § R12-1-1132 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1132 recodified to R9-7-1132 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1133 Reserved

Ariz. Admin. Code § R12-1-1134 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1134 recodified to R9-7-1134 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1135 Reserved

Ariz. Admin. Code § R12-1-1136 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1136 recodified to R9-7-1136 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1137 Reserved

Ariz. Admin. Code § R12-1-1138 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1- 1138 recodified to R9-7-1138 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1139 Reserved

Ariz. Admin. Code § R12-1-1140 Recodified

History

• New Section made by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (Supp. 05-1). Section R12-1-1140 recodified to R9-7-1140 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1141 Reserved

Ariz. Admin. Code § R12-1-1142 Recodified

History

• New Section made by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (Supp. 05-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1142 recodified to R9-7-1142 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1143 Reserved

Ariz. Admin. Code § R12-1-1144 Reserved

Ariz. Admin. Code § R12-1-1145 Reserved

Ariz. Admin. Code § R12-1-1146 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1146 recodified to R9-7-1146 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Appendix A. Recodified New Appendix A made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Article 11 Appendix A, recodified to 9 A.A.C. 7, Article 11, Appendix A, at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 12 RECODIFIED

Ariz. Admin. Code § R12-1-1201 Recodified

History

• Adopted effective June 23, 1983 (Supp. 83-3). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1201 recodified to R9-7-1201 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1202 Recodified

History

• Adopted effective June 23, 1983 (Supp. 83-3). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1202 recodified to R9-7-1202 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1203 Recodified

History

• Adopted effective June 23, 1983 (Supp. 83-3). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section R12-1-1203 recodified to R9-7-1203 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1204 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Section R12-1-1204 recodified to R9-7-1204 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1205 Recodified

History

• Adopted effective June 23, 1983 (Supp. 83-3). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1205 recodified to R9-7-1205 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1206 [REPEALED]

History

• Adopted effective January 2, 1996 (Supp. 96-1). Section repealed by final rulemaking at 9 A.A.R. 4302, effective November 14, (Supp. 03-3).

Ariz. Admin. Code § R12-1-1207 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1207 recodified to R9-7-1207 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1208 [REPEALED]

History

• Adopted effective January 2, 1996 (Supp. 96-1). Section repealed by final rulemaking at 9 A.A.R. 4302, effective November 14, (Supp. 03-3).

Ariz. Admin. Code § R12-1-1209 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 7 A.A.R. 2584, effective June 8, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1209 recodified to R9-7-1209 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1210 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1210 recodified to R9-7-1210 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1211 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1211 recodified to R9-7-1211 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1212 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1212 recodified to R9-7-1212 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1213 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-123 recodified to R9-7-123 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1214 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1214 recodified to R9-7-1214 at 24 A.A.R . 813, effective March 22, 2018 (Supp. 18-1)

Ariz. Admin. Code § R12-1-1215 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 15 A.A. R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 21 A.A.R. 289, effective April 6, 2015 (Supp. 15-1). Section R12-1-1215 recodified to R9-7-1215 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1216 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1216 recodified to R9-7-1216 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1217 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1217 recodified to R9-7-1217 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1218 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1218 recodified to R9-7-1218 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1219 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1219 recodified to R9-7-1219 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1220 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1220 recodified to R9-7-1220 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1221 Reserved

Ariz. Admin. Code § R12-1-1222 Recodified

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1222 recodified to R9-7-1222 at 24 A.A.R . 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1223 Recodified

History

• Adopted effective December 9, 1998 (Supp. 98-4). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, (Supp. 03-3). Section R12-1-1223 recodified to R9-7-1223 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 13 RECODIFICATION

Ariz. Admin. Code § R12-1-1301 Recodified

History

• Adopted effective November 19, 1982 (Supp. 82-6). Amended effective November 28, 1983 (Supp. 83-6). Amended subsection (B) and added a new subsection (C) effective November 28, 1986 (Supp. 86-6). Section repealed, new Section adopted effective November 5, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1301 recodified to R9-7-1301 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1302 Recodified

History

• Adopted effective November 19, 1982 (Supp. 82-6). Amended effective November 28, 1983 (Supp. 83-6). Section repealed, new Section adopted effective November 5, 1993 (Supp. 93-4). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rule-making at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (05-1). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by exempt rulemaking at 14 A.A.R. 4243, effective November 17, 2008 (Supp. 08-4). Amended by final rulemaking at 21 A.A.R. 289, effective April 6, 2015 (Supp. 15-1). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1302 recodified to R9-7-1302 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-1303 Recodified

History

• Adopted effective November 19, 1982 (Supp. 82-6). Amended effective November 28, 1983 (Supp. 83-6). Amended subsections (A), (C), and (D) effective November 28, 1986 (Supp. 86-6). Section repealed, new Section adopted effective November 5, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by exempt rule-making at 14 A.A.R. 4243, effective November 17, 2008 (Supp. 08-4). Section R12-1-1303 recodified to R9-7-1303 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1304 Recodified

History

• Adopted effective November 5, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by exempt rulemaking at 14 A.A.R. 4243, effective November 17, 2008 (Supp. 08-4). Section R12-1-1304 recodified to R9-7-1304 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1305 Recodified

History

• Adopted effective November 5, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1305 recodified to R9-7-1305 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1306 Recodified

History

• Amended effective November 5, 1993 (Supp. 93-4). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 12 A.A.R. 75, effective February 7, 2006 (Supp. 05-4). Amended by exempt rulemaking at 14 A.A.R. 4243, effective November 17, 2008 (Supp. 08-4). Amended by final rulemaking at 21 A.A.R. 289, effective April 6, 2015 (Supp. 15-1). Section R12-1-1306 recodified to R9-7-1306 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-1307 Recodified

History

• Adopted effective November 5, 1993 (Supp. 93-4). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by exempt rulemaking at 14 A.A.R. 4243, effective November 17, 2008 (Supp. 08-4). Section R12-1-1307 recodified to R9-7-1307 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1308 Recodified

History

• Adopted effective November 5, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by exempt rulemaking at 14 A.A.R. 4243, effective November 17, 2008 (Supp. 08-4). Section R12-1-1308 recodified to R9-7-1308 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1309 Recodified

History

• New Section adopted by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Section R12-1-1309 recodified to R9-7-1309 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 14 RECODIFIED

Ariz. Admin. Code § R12-1-1401 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1). New Section made by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1401 recodified to R9-7-1401 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1402 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (05-1). Section R12-1-1402 recodified to R9-7-1402 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1403 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1403 recodified to R9-7-1403 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1404 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1404 recodified to R9-7-1404 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1405 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1405 recodified to R9-7-1405 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1406 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1406 recodified to R9-7-1406 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1407 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1407 recodified to R9-7-1407 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1408 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1408 recodified to R9-7-1408 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1409 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1409 recodified to R9-7-1409 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1410 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1410 recodified to R9-7-1410 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1411 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Section repealed by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-1-1412 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1412 recodified to R9-7-1412 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1413 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1413 recodified to R9-7-1413 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1414 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1414 recodified to R9-7-1414 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1415 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1415 recodified to R9-7-1415 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1416 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1416 recodified to R9-7-1416 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1417 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section repealed by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1471 recodified to R9-7-1417 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1418 Recodified

History

• New Section made by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1418 recodified to R9-7-1418 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1419 Reserved

Ariz. Admin. Code § R12-1-1420 Reserved

Ariz. Admin. Code § R12-1-1421 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (Supp. 05-1). Section R12-1-1421 recodified to R9-7-1421 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1422 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Table referenced in subsection (A) was repealed effective January 2, 1996; Section amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1422 recodified to R9-7-1422 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1423 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1423 recodified to R9-7-1423 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1424 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-1-1425 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1425 recodified to R9-7-1425 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1426 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1426 recodified to R9-7-1426 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1427 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1427 recodified to R9-7-1427 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1428 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-1-1429 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1429 recodified to R9-7-1429 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1430 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-1-1431 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-1-1432 [REPEALED]

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-1-1433 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1433 recodified to R9-7-1433 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1434 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1434 recodified to R9-7-1434 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1435 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1435 recodified to R9-7-1435 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1436 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1); the tables previously referenced in subsection (A) were repealed effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1436 recodified to R9-7-1436 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1437 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1437 recodified to R9-7-1437 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1438 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1). New Section made by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (05-1). Amended by final rulemaking at 16 A.A.R. 1703, effective August 10, 2010; Manifest typographical errors corrected at the request of the Agency, filed August 31, 2010, file no. M10-342 (Supp. 10-3). Section R12-1-1438 recodified to R9-7-1438 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1438.01 Recodified

History

• New Section made by final rulemaking at 16 A.A.R. 1703, effective August 10, 2010 (Supp. 10-3). Section R12-1-1438.01 recodified to R9-7-1438.01 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1439 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 11 A.A.R. 978, effective April 3, 2005 (Supp. 05-1). Amended by final rulemaking at 16 A.A.R. 1703, effective August 10, 2010 (Supp. 10-3). Section R12-1-1439 recodified to R9-7-1439 at 24 A.A.R. 813, effective March 22, (Supp. 18-1).

Ariz. Admin. Code § R12-1-1440 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1440 recodified to R9-7-1440 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1441 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective January 2, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1441 recodified to R9-7-1441 at A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1442 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Repealed effective January 2, 1996 (Supp. 96-1). New Section made by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1442 recodified to R9-7-1442 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1443 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1443 recodified to R9-7-1443 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1444 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section heading amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 11 A.A.R. 61, effective February 5, 2005 (Supp. 04-4). Section R12-1-1444 recodified to R9-7-1444 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 15 RECODIFIED

Ariz. Admin. Code § R12-1-1501 Recodified

History

• New Section made by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Section R12-1-1501 recodified to R9-7-1501 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1502 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1502 recodified to R9-7-1502 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1503 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Repealed effective June 13, 1997 (Supp. 97-2). New Section made by final rule-making at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1503 recodified to R9-7-1503 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1504 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1504 recodified to R9-7-1504 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1505 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1505 recodified to R9-7-1505 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1506 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1506 recodified to R9-7-1506 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1507 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1507 recodified to R9-7-1507 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1508 Recodified

History

• Adopted effective December 20, 1985 (Supp. 85-6). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 1126, effective May 9, 2003 (Supp. 03-1). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1508 recodified to R9-7-1508 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1509 Recodified

History

• New Section made by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (Supp. 12-3). Section R12-1-1509 recodified to R9-7-1509 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1510 Recodified

History

• New Section made by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (12-3). Section R12-1-1510 recodified to R9-7-1510 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1511 Recodified

History

• New Section made by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1511 recodified to R9-7-1511 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1512 Recodified

History

• New Section made by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Amended by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1512 recodified to R9-7-1512 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1513 Recodified

History

• New Section made by final rulemaking at 18 A.A.R. 1895, effective September 10, 2012 (12-3). Section R12-1-1513 recodified to R9-7-1513 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1514 Reserved

Ariz. Admin. Code § R12-1-1515 Recodified

History

• New Section made by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1515 recodified to R9-7-1515 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 17 REPEALED

Ariz. Admin. Code § R12-1-1701 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1701 recodified to R9-7-1701 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1702 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1702 recodified to R9-7-1702 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1703 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1703 recodified to R9-7-1703 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1704 Reserved

Ariz. Admin. Code § R12-1-1705 Reserved

Ariz. Admin. Code § R12-1-1706 Reserved

Ariz. Admin. Code § R12-1-1707 Reserved

Ariz. Admin. Code § R12-1-1708 Reserved

Ariz. Admin. Code § R12-1-1709 Reserved

Ariz. Admin. Code § R12-1-1710 Reserved

Ariz. Admin. Code § R12-1-1711 Reserved

Ariz. Admin. Code § R12-1-1712 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1712 recodified to R9-7-1712 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1713 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 15 A.A.R. 1023, effective August 1, 2009 (Supp. 09-2). Section R12-1-1713 recodified to R9-7-1713 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1714 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1714 recodified to R9-7-1714 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1715 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1715 recodified to R9-7-1715 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1716 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-1716 recodified to R9-7-1716 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1717 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1717 recodified to R9-7-1717 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1718 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1718 recodified to R9-7-1718 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1719 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1719 recodified to R9-7-1719 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1720 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-1720 recodified to R9-7-1720 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1721 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-1721 recodified to R9-7-1721 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1722 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1722 recodified to R9-7-1722 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1723 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-1723 recodified to R9-7-1723 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1724 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1724 recodified to R9-7-1724 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1725 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1-1725 recodified to R9-7-1725 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1726 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1726 recodified to R9-7-1726 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1727 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1-1727 recodified to R9-7-1727 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1)

Ariz. Admin. Code § R12-1-1728 Recodified

History

• New Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04- 2). Section R12-1-1728 recodified to R9-7-1728 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1729 Reserved

Ariz. Admin. Code § R12-1-1730 Reserved

Ariz. Admin. Code § R12-1-1731 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1731 recodified to R9-7-1731 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1732 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Section R12-1-1732 recodified to R9-7-1732 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1733 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1733 recodified to R9-7-1733 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1734 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1734 recodified to R9-7-1734 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1735 Reserved

Ariz. Admin. Code § R12-1-1736 Reserved

Ariz. Admin. Code § R12-1-1737 Reserved

Ariz. Admin. Code § R12-1-1738 Reserved

Ariz. Admin. Code § R12-1-1739 Reserved

Ariz. Admin. Code § R12-1-1740 Reserved

Ariz. Admin. Code § R12-1-1741 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section R12-1-1741 recodified to R9-7-1741 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1742 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-1742 recodified to R9-7-1742 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1743 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Amended by final rulemaking at 10 A.A.R. 4458, effective December 4, 2004 (Supp. 04-4). Section R12-1-1743 recodified to R9-7-1743 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1744 Reserved

Ariz. Admin. Code § R12-1-1745 Reserved

Ariz. Admin. Code § R12-1-1746 Reserved

Ariz. Admin. Code § R12-1-1747 Reserved

Ariz. Admin. Code § R12-1-1748 Reserved

Ariz. Admin. Code § R12-1-1749 Reserved

Ariz. Admin. Code § R12-1-1750 Reserved

Ariz. Admin. Code § R12-1-1751 Recodified

History

• Adopted effective April 2, 1990 (Supp. 90-2). Amended effective June 13, 1997 (Supp. 97-2). Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2122, effective July 3, 2004 (Supp. 04-2). Section R12-1-1751 recodified to R9-7-1751 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Article 19 RECODIFIED

Ariz. Admin. Code § R12-1-1901 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1901 recodified to R9-7-1901 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1902 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1903 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1903 recodified to R9-7-1903 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1904 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1905 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1905 recodified to R9-7-1905 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1906 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1907 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1907 recodified to R9-7-1907 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1908 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1909 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1909 recodified to R9-7-1909 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1910 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1911 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1911 recodified to R9-7-1911 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1912 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1913 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1914 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1915 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1916 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1917 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1918 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1919 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1920 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1921 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1921 recodified to R9-7-1921 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1922 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1923 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1923 recodified to R9-7-1923 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1924 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1925 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1925 recodified to R9-7-1925 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1926 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1927 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1927 recodified to R9-7-1927 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1928 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1929 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1929 recodified to R9-7-1929 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1930 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1931 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1931 recodified to R9-7-1931 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1932 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1933 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1933 recodified to R9-7-1933 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1934 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1935 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1936 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1937 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1938 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1939 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1940 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1941 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1941 recodified to R9-7-1941 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1942 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1943 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1943 recodified to R9-7-1943 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1944 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1945 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1945 recodified to R9-7-1945 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1946 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1947 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1947 recodified to R9-7-1947 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1948 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1949 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1949 recodified to R9-7-1949 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1950 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1951 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1951 recodified to R9-7-1951 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1952 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1953 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1953 recodified to R9-7-1953 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1954 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1955 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1955 recodified to R9-7-1955 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1956 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1957 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1957 recodified to R9-7-1957 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1958 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1959 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1960 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1961 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1962 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1963 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1964 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1965 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1966 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1967 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1968 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1969 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1970 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1971 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1971 recodified to R9-7-1971 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1972 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1973 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1973 recodified to R9-7-1973 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1974 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1975 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1975 recodified to R9-7-1975 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1976 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1977 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1977 recodified to R9-7-1977 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1978 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1979 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1979 recodified to R9-7-1979 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1980 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1981 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-1981 recodified to R9-7-1981 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-1982 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1983 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1984 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1985 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1986 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1987 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1988 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1989 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1990 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1991 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1992 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1993 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1994 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1995 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1996 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1997 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1998 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-1999 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-19100 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-19101 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-19101 recodified to R9-7-19101 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-19102 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-19103 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-19103 recodified to R9-7-19103 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-19104 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-19105 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-19105 recodified to R9-7-19105 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-19106 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-19107 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-19107 recodified to R9-7-19107 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-1-19108 Reserved

History

• Section reserved at 22 A.A.R. 603 (Supp. 16-1).

Ariz. Admin. Code § R12-1-19109 Recodified

History

• New Section made by final rulemaking at 22 A.A.R. 603, effective February 2, 2016 (Supp. 16-1). Section R12-1-19109 recodified to R9-7-19109 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Chapter 2 STATE OF ARIZONA LIVESTOCK LOSS BOARD

Article 1 [Effective 4/13/2024] DEFINITIONS AND GENERAL PROVISIONS

Ariz. Admin. Code § R12-2-101 Definitions

In addition to the definition established under A.R.S. § 17-492, the following definitions are applicable to this Article:

"Board" means the State of Arizona Livestock Loss Board.

"Claim" means an application to the Board for compensation under this chapter.

"Claimant" means the landowner, lessee, or livestock operator who has filed a wolf predation claim for compensation.

"Compensation" means a cash payment, materials, or service.

"Guard dog" means dogs trained for the purpose of protecting livestock from attack by wildlife or for herding livestock.

"Livestock" means bison, cattle, goats, horses, llamas, mules and asses, sheep, and swine.

"Range rider" means a person who monitors, scouts for, and identifies signs of wolf activity in areas where livestock will graze.

"NFWF" means the National Fish and Wildlife Foundation.

"USDA Wildlife Field Representative" means a person who has successfully completed the training necessary to assist landowners in preventing or controlling problems caused by negative wildlife interactions.

"Wildlife interaction" means the interaction and the resultant damage between wildlife and livestock.

History

• New Section made by final rulemaking at 30 A.A.R. 430, effective 4/13/2024.

Ariz. Admin. Code § R12-2-102 Compensation for Mexican Wolf Depredation on Livestock; Eligibility; Application

A. The Board may compensate a landowner, lessee, or livestock operator for the loss of livestock caused by Mexican gray wolf depredation. Cash compensation for livestock losses from wolves shall not include damage to other real or personal property, including other vegetation or animals, consequential damages, or any other damages. The Board shall:

1. Consider claims in the order received, and

2. Award compensation until eligible funds are exhausted.

B. Landowners, lessees, and livestock operators should take care in operations so to reduce and, where possible, to avoid a circumstance that increases the potential for increasing Mexican wolf depredations. However, a landowner, lessee, or livestock operator whose livestock has been killed in an area in Arizona and who suspects the kill is from a wolf is eligible to submit a claim to the Board.

1. A claimant may pursue a claim for wolf depredations occurring no earlier than September 1, 2015.

2. A claimant who initiated a claim for compensation under the Board's interim policy is prohibited from seeking compensation for the same animal under this Section.

C. A landowner, lessee, or livestock operator who suspects a wolf depredation shall contact a USDA Wildlife Services Field Representative (Wildlife Field Representative) to report the suspected wolf depredation incident and request an investigation by the U.S. Department of Agriculture, Wildlife Services.

1. The landowner, lessee, or livestock operator shall provide access to the Wildlife Field Representatives or their agents to investigate the cause of death to eligible livestock or guard dogs and use reasonable measures to protect evidence at the depredation site.

2. A Wildlife Field Representative shall conduct a depredation investigation and provide a determination of the cause of death of the livestock in Arizona.

3. If the Wildlife Field Representative determines the cause of death was the result of Mexican wolf depredation, the Wildlife Field Representative shall provide the landowner, lessee, or livestock operator (claimant) with a Request for Depredation Compensation Form (form).

D. To receive compensation for the death of livestock, the claimant shall submit the form to the Board no less than seven days prior to its next regularly scheduled meeting. The claimant shall mail the form to the State of Arizona Livestock Loss Board at P.O. Box 74975, Phoenix, AZ, 85087. The claimant shall provide all of the information on the form, including:

1. The claimant's:

a. Name,

b. Mailing address,

c. Contact number, and

d. Email address.

2. The Board shall review claims submitted in compliance with subsection (D) during a regularly scheduled public meeting. The Board shall:

a. Notify the claimant if the claim is approved, and

b. Notify the NFWF, or other Board-approved payment agent, of the approved amount, authorizing payment to the claimant.

3. The payment of a claim included on the list maintained by the Board under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement.

E. The decision of the Board is not subject to reconsideration and shall be the final administrative decision.

1. Monetary compensation as determined by the Board using standardized methods and shall constitute full and final payment for a claim.

2. If the Board is unable to make a payment for livestock losses due to lack of funding, the claim shall be held over until the Board receives additional eligible funding.

3. Claims that are carried over shall have priority and receive payment before any new claims are paid.

History

• New Section made by final rulemaking at 30 A.A.R. 430, effective 4/13/2024.

Ariz. Admin. Code § R12-2-103 Compensation for Carcass Removal; Eligibility; Application

A. The Board may compensate a landowner, lessee, or livestock operator for removal of a livestock carcass from the areas where the landowner, lessee, or livestock operator maintains livestock to reduce the potential for Mexican wolves (wolf, wolves) to feed on the carcass and remain in the area proximate to additional livestock. The Board has established a compensation rate of $250 per carcass removed from wolf-occupied areas.

B. To receive compensation, the claimant shall submit an Obtaining Carcass Removal Program Compensation Request Form (form) to the Board no less than seven days prior to its next regularly scheduled meeting. The claimant shall mail the form to the Arizona Livestock Loss Board at P.O. Box 74975, Phoenix, AZ, 85087. The claimant shall provide all of the information on the form, including:

1. Producer name,

2. Producer mailing address,

3. Ranch/Allotment,

4. Photographic documentation and a description of the circumstances regarding the carcass and its removal from any area where the carcass is available to access by wolves, and

5. Manner of disposal:

a. Buried,

b. Disposed of at a landfill, or

c. Removed outside wolf occupied area. The claimant shall describe the location where the carcass was placed.

C. The Board shall review and consider the request at its next regularly scheduled public meeting.

D. The decision of the Board is not subject to reconsideration and shall be the final administrative decision.

History

• New Section made by final rulemaking at 30 A.A.R. 430, effective 4/13/2024.

Ariz. Admin. Code § R12-2-104 Livestock Depredation Prevention Compensation Funding; Eligibility

A. The Arizona Livestock Loss Board (Board), in its sole discretion, may make funds available to landowners, lessees, or livestock operators who implement livestock management techniques or nonlethal wolf deterrence techniques designed to prevent wolf and livestock interactions and reduce wolf depredations, which may include but is not limited to:

Fencing,

2. Guard dogs,

3. Range riders,

4. Reduction in livestock production, and

5. Transportation costs to relocate livestock.

B. The Board shall consider compensation applications in the order received, except that preference shall be given to applicants who:

1. Employ range rider strategies or other non-lethal conflict avoidance measures,

2. Projects on ranches that have experienced depredation or depredations, and

Projects on ranches where wolf packs are known to be present.

C. An applicant seeking funding shall submit to the Board an Application for Mexican Wolf Depredation Prevention Compensation Form (application form) no less than seven days prior to its next regularly scheduled meeting. The claimant shall mail the form to the State of Arizona Livestock Loss Board at, P.O. BOX 74975, Phoenix, AZ, 85087. An applicant who is applying for multiple projects shall submit a separate application for each project. The applicant shall provide all of the information on the application form, including:

1. The applicant's:

a. Name;

b. Mailing address;

c. Telephone number;

d. Fax number, if available;

e. Email address, if available;

2. Primary Contact's:

a. Name;

b. Mailing address;

c. Telephone number;

d. Fax number, if available; and

e. Email address, if available; and

3. Description of the project area shall be a map or a description of the project area to include the Township, Section, Range, and the Allotment Name, if available;

4. Livestock information:

a. Types of livestock being protected by the project;

b. Number of livestock owners within the project area;

c. Estimated number of livestock covered by the project;

5. A detailed description of the proposed depredation prevention measure or measures;

6. An itemized cost report showing how the applicant intends to use compensation funds (e.g. fencing, range riders, alternative ranges, guard dogs etc.).

7. Previous funded projects completed by the applicant that reduced wolf and livestock interactions, if applicable:

a. Compensation funds received for each project;

b. Total funding for each project;

c. Project start and end dates;

d. For a project exceeding one year, indicate the period estimated to complete the project;

e. For an existing project, provide the year the project began;

Total compensation funds requested;

9. Total matching funds, to include the total cash and non-cash match;

Affirmation that the information provided on the application is true and accurate; and

11. Signature and date. The person signing the application form shall have the authority to enter into agreements, accept funding, and fulfill the terms of the agreement on behalf of the applicant.

D. Submission of an application does not guarantee the Board will award compensation. The Board shall award compensation funding based upon available funds and whether the proposed project will effectively prevent wolf and livestock interactions and reduce wolf depredations.

1. The Board shall review each application for completeness, accuracy, and consistency with this Section.

2. Incomplete applications may be returned for correction or completion.

3. Applications not meeting the standards established in these rules may be denied.

E. The awarding of funding is within the Board's sole discretion and is based on the Board's determination of the proposed measures effectiveness at preventing wolf depredation. After reviewing all applications, the Board may make any one of the following decisions:

1. Approve funding for the full amount requested;

2. Approve funding of partial amount requested. In this instance, the Board may elect to fund a portion of the requested amount;

Defer request for further consideration based upon submission of additional information;

4. Deny request.

F. An applicant awarded compensation funding shall:

1. Provide an Arizona State W-9 to NFWF, or other Board-approved payment agent, before any funds may be dispersed, unless the person already has a W-9 on file with NFWF.

2. Provide approved dollar-for-dollar match in the form of cash, in-kind contributions, or third-party contributions on behalf of the applicant.

3. Surrender any unexpended livestock compensation funds to the Board.

G. The Applicant assumes all liabilities for actions implemented by the Livestock Depredation Prevention Compensation Funding.

H. The Board is not responsible for any injuries, taxes, fees, or other costs, resulting from a Livestock Depredation Compensation Funding.

History

• New Section made by final rulemaking at 30 A.A.R. 430, effective 4/13/2024.

Chapter 4 GAME AND FISH COMMISSION

Article 1 DEFINITIONS AND GENERAL PROVISIONS

Ariz. Admin. Code § R12-4-101 Definitions

A. In addition to the definitions provided under A.R.S. § 17-101, R12-4-301, R12-4-401, and R12-4-501, the following definitions apply to this Chapter, unless otherwise specified:

"Arizona Conservation Education" means the conservation education course provided by Arizona Game and Fish Department in hunting safety, responsibility, and conservation.

"Arizona Hunter Education" means the hunter education course provided by Arizona Game and Fish Department in hunting safety, responsibility, and conservation meeting Association of Fish and Wildlife agreed upon reciprocity standards along with Arizona-specific requirements.

"Attach" means to fasten or affix a tag to a legally harvested animal. An electronic tag is considered attached once the validation code is fastened to the legally harvested animal.

"Bobcat seal" means the tag a person is required to attach to the raw pelt or unskinned carcass of any bobcat taken by trapping in Arizona or exported out of Arizona regardless of the method of take.

"Bonus point" means a credit that authorizes the Department to issue an applicant an additional computer-generated random number.

"Bow" means a long bow, flat bow, recurve bow, or compound bow of which the bowstring is drawn and held under tension entirely by the physical power of the shooter through all points of the draw cycle until the shooter purposely acts to release the bowstring either by relaxing the tension of the toes, fingers, or mouth or by triggering the release of a hand-held release aid.

"Certificate of insurance" means an official document, issued by the sponsor's and sponsor's vendors, or subcontractors insurance carrier, providing insurance against claims for injury to persons or damage to property which may arise from, or in connection with, the solicitation or event as determined by the Department.

"Cervid" means a mammal classified as a Cervidae, which includes but is not limited to caribou, elk, moose, mule deer, reindeer, wapiti, and whitetail deer; as defined in the taxonomic classification from the Integrated Taxonomic Information System, available online at www.itis.gov.

"Commission Order" means a document adopted by the Commission that does one or more of the following:

Open, close, or alter seasons,

Open areas for taking wildlife,

Set bag or possession limits for wildlife,

Set the number of permits available for limited hunts, or

Specify wildlife that may or may not be taken.

"Crossbow" means a device consisting of a bow affixed on a stock having a trigger mechanism to release the bowstring.

"Day-long" means the 24-hour period from one midnight to the following midnight.

"Department property" means those buildings or real property and wildlife areas under the jurisdiction of the Arizona Game and Fish Commission.

"Electronic signature" means symbols or other data in digital form attached to an electronically transmitted document as verification of the sender's intent to sign the document. The electronic signature is used to indicate the person's intent to agree to payment, conditions, terms, etc. as applicable to an online application, form, report, etc.

"Electronic tag" means a tag that is provided by the Department through an electronic device that syncs with the Department's computer systems.

"Export" means to carry, send, or transport wildlife or wildlife parts out of Arizona to another state or country.

"Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun, or other weapon that will discharge, is designed to discharge, or may readily be converted to discharge a projectile by the action of an explosion caused by the burning of smokeless powder, black powder, or black powder substitute.

"Handgun" means a firearm designed and intended to be held, gripped, and fired by one or more hands, not intended to be fired from the shoulder, and that uses the energy from an explosive in a fixed cartridge to fire a single projectile through a barrel for each single pull of the trigger.

"Hunt area" means a management unit, portion of a management unit, or group of management units, or any portion of Arizona described in a Commission Order and not included in a management unit, opened to hunting.

"Hunt number" means the number assigned by Commission Order to any hunt area where a limited number of hunt permits are available.

"Hunt permits" means the number of hunt permit-tags made available to the public as a result of a Commission Order.

"Hunt permit-tag" means a tag for a hunt for which a Commission Order has assigned a hunt number.

"Identification number" means the number assigned to each applicant or license holder by the Department as established under R12-4-111.

"Import" means to bring, send, receive, or transport wildlife or wildlife parts into Arizona from another state or country.

"License dealer" means a business authorized to sell hunting, fishing, and other licenses as established under R12-4-105.

"Limited-entry permit-tag" means a permit made available for a limited-entry fishing or hunting season.

"Live baitfish" means any species of live freshwater fish designated by Commission Order as lawful for use in taking aquatic wildlife under R12-4-317.

"Management unit" means an area established by the Commission for management purposes.

"Nonpermit-tag" means a tag for a hunt for which a Commission Order does not assign a hunt number and the number of tags is not limited.

"Nonprofit organization" means an organization that is recognized under Section 501© of the U.S. Internal Revenue Code.

"Person" has the meaning as provided under A.R.S. § 1-215.

"Proof of purchase," for the purposes of A.R.S. § 17-331, means an original, or any authentic and verifiable form of the original, of any Department-issued license, permit, or stamp that establishes proof of actual purchase.

"Pursue" means to chase, tree, corner or hold wildlife at bay.

"Pursuit-only" means a person may pursue, but not kill, a bear, mountain lion, or raccoon on any management unit that is open to pursuit-only season, as defined under R12-4-318, by Commission Order.

"Pursuit-only permit" means a permit for a pursuit-only hunt for which a Commission Order does not assign a hunt number and the number of permits are not limited.

"Restricted nonpermit-tag" means a tag issued for a supplemental hunt as established under R12-4-115.

"Signature" means a notation that signifies an individual's acceptance of the terms and conditions applicable to the application or contract and is used to identify who is signing and what their intention is; includes electronic signatures.

"Solicitation" means any activity that may be considered or interpreted as promoting, selling, or transferring products, services, memberships, or causes, or participation in an event or activity of any kind, including organizational, educational, public affairs, or protest activities, including the distribution or posting of advertising, handbills, leaflets, circulars, posters, or other printed materials for these purposes.

"Solicitation material" means advertising, circulars, flyers, handbills, leaflets, posters, or other printed information.

"Sponsor" means the person or persons conducting a solicitation or event.

"Stamp" means a form of authorization in addition to a license that authorizes the license holder to take wildlife specified by the stamp.

"Tag" means the Department authorization a person is required to obtain before taking certain wildlife as established under A.R.S. Title 17 and 12 A.A.C. 4.

"Validation code" means the unique code provided by the Department and associated with an electronic tag.

"Waterdog" means the larval or metamorphosing stage of a salamander.

"Wildlife area" means an area established under 12 A.A.C. 4, Article 8.

B. If the following terms are used in a Commission Order, the following definitions apply:

"Antlered" means having an antler fully erupted through the skin and capable of being shed.

"Antlerless" means not having an antler, antlers, or any part of an antler erupted through the skin.

"Bearded turkey" means a turkey with a beard that extends beyond the contour feathers of the breast.

"Buck pronghorn" means a male pronghorn.

"Adult bull bison" means a male bison of any age or any bison designated by a Department employee during an adult bull bison hunt.

"Adult cow bison" means a female bison of any age or any bison designated by a Department employee during an adult cow bison hunt.

"Bull elk" means an antlered elk.

"Designated" means the gender, age, or species of wildlife or the specifically identified wildlife the Department authorizes to be taken and possessed with a valid tag.

"Ram" means any male bighorn sheep.

"Rooster" means a male pheasant.

"Yearling bison" means any bison less than three years of age or any bison designated by a Department employee during a yearling bison hunt.

History

• Amended effective May 3, 1976 (Supp. 76-3). Amended effective October 22, 1976 (Supp. 76-5). Amended effective June 29, 1978 (Supp. 78-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-01 renumbered as Section R12-4-101 without change effective August 13, 1981 (Supp. 81-4). Amended effective April 22, 1982 (Supp. 82-2). Amended subsection (A), paragraph (10) effective April 7, 1983 (Supp. 83-2). Amended effective June 4, 1987 (Supp. 87-2). Amended subsection (A) effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended subsection (A) effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective May 27, 1992 (Supp. 92-2). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 845, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 11 A.A.R. 991, effective April 2, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 27 A.A.R. 2966, effective 2/7/2022. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-102 License, Permit, Stamp, and Tag Fees

A. A person who purchases a license, tag, stamp, or permit listed in this Section shall pay at the time of purchase all applicable fees prescribed under this Section or the fees the Director authorizes under R12-4-115.

B. A person who applies to purchase a hunt permit-tag shall submit with the application all applicable fees using acceptable forms of payment as required under R12-4-104(F) and (G).

C. As authorized under A.R.S. § 17-345, the license fees in this Section include a $3 surcharge, except Youth and High Achievement Scout licenses.

D. A person desiring a replacement of a Migratory Bird Stamp shall repurchase the stamp.

| Hunting and Fishing License Fees | Resident | Nonresident | | --- | --- | --- | | General Fishing License | $37 | $55 | | General Hunting License | $37 | Not available | | Combination Hunting and Fishing License | $57 | $160 | | Youth Combination Hunting and Fishing License, fee applies until the applicant's 18th birthday. | $5 | $5 | | High Achievement Scout License, as authorized under A.R.S. § 17-333(C). Fee applies until the applicant's 21st birthday. | $5 | Not available | | Short-term Combination Hunting and Fishing License | $15 | $20 | | Youth Group Two-day Fishing License | $25 | Not available |

| Hunt Permit-tag Fees | Resident | Nonresident | | --- | --- | --- | | Bear | $25 | $150 | | Bighorn Sheep | $300 | $1,800 | | Bison | | | | Adult Bulls or any Bison | $1,100 | $5,400 | | Adult Cows | $650 | $3,250 | | Yearling | $350 | $1,750 | | Cow or Yearling | $650 | $3,250 | | Deer and Archery Deer | $45 | $300 | | Youth | $25 | $25 | | Elk | $135 | $650 | | Youth | $50 | $50 | | Javelina | $25 | $100 | | Youth | $15 | $15 | | Pheasant non-archery, non-falconry | Application fee only | Application fee only | | Pronghorn | $90 | $550 | | Raptor | Not applicable | $175 | | Sandhill Crane | $10 | $10 | | Turkey and Archery Turkey | $25 | $90 | | Youth | $10 | $10 |

| Nonpermit-tag and Restricted Nonpermit-tag Fees | Resident | Nonresident | | --- | --- | --- | | Bear | $25 | $150 | | Bison | | | | Adult Bulls or any Bison | $1,100 | $5,400 | | Adult Cows | $650 | $3,250 | | Yearling | $350 | $1,750 | | Cow or Yearling | $650 | $3,250 | | Deer | $45 | $300 | | Youth | $25 | $25 | | Elk | $135 | $650 | | Youth | $50 | $50 | | Javelina | $25 | $100 | | Youth | $15 | $15 | | Mountain Lion | $15 | $75 | | Pronghorn | $90 | $550 | | Sandhill Crane | $10 | $10 | | Raptor | Not applicable | $175 | | Turkey | $25 | $90 | | Youth | $10 | $10 |

| Stamps and Special Use Fees | Resident | Nonresident | | --- | --- | --- | | Bobcat Seal | $3 | $3 | | Limited-entry Permit | Application fee only | Application fee only | | State Migratory Bird Stamp | $5 | $5 |

| Other License Fees | Resident | Nonresident | | --- | --- | --- | | Challenged Hunter Access/Mobility Permit (CHAMP) | Application fee only | Application fee only | | Crossbow Permit | Application fee only | Application fee only | | Fur Dealer's License | $115 | $115 | | Reduced-fee Disabled Veteran's License, available to a resident disabled veteran who receives compensation from the U.S. government for a service-connected disability. This fee shall be equal to the fee required for the resident Combination Hunting and Fishing License, reduced by 25%, and then rounded up to the nearest even dollar. | $42 | Not available | | Reduced-fee Purple Heart Medal License, available to a resident who is a bona fide Purple Heart Medal recipient. This fee shall be equal to the fee required for the resident Combination Hunting and Fishing License, reduced by 50%, and then rounded down to the nearest even dollar. | $28 | Not available | | Guide License | $300 | $300 | | License Dealer's License | $100 | $100 | | License Dealer's Outlet License | $25 | $25 | | Pursuit-only Permit | $20 | $100 | | Taxidermist Registration | $100 | $100 | | Trapping License | $30 | $275 | | Youth | $10 | $10 |

| Administrative Fees | Resident | Nonresident | | --- | --- | --- | | Duplicate License Fee, in the event the Department is unable to verify the expiration date of the original license, the duplicate license shall expire on December 31 of the current year. | $8 | $8 | | Application Fee | $13 | $15 |

History

• Amended effective May 3, 1976 (Supp. 76-3). Amended effective March 31, 1977 (Supp. 77-2). Amended effective June 28, 1977 (Supp. 77-3). Amended effective October 20, 1977 (Supp. 77-5). Amended effective January 1, 1979 (Supp. 78-6). Amended effective June 4, 1979 (Supp. 79-3). Amended effective January 1, 1980 (Supp. 79-6). Amended paragraphs (1), (7) through (11), (13), (15), (29), (30), and (32) effective January 1, 1981 (Supp. 80-5). Former Section R12-4-30 renumbered as Section R12-4-102 without change effective August 13, 1981. Amended effective August 31, 1981 (Supp. 81-4). Amended effective September 15, 1982 unless otherwise noted in subsection (D) (Supp. 82-5). Amended effective January 1, 1984 (Supp. 83-4). Amended subsections (A) and (C) effective January 1, 1985 (Supp. 84-5). Amended effective January 1, 1986 (Supp. 85-5). Amended subsection (A), paragraphs (1), (2), (8) and (9) effective January 1, 1987; Amended by adding a new subsection (A), paragraph (31) and renumbering accordingly effective July 1, 1987. Both amendments filed November 5, 1986 (Supp. 86-6). Amended subsections (A) and (C) effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended subsections (A) and (C) filed December 30, 1988, effective January 1, 1989"; Amended subsection (C) effective April 28, 1989 (Supp. 89-2). Section R12-4-102 repealed, new Section R12-4-102 filed as adopted November 26, 1990, effective January 1, 1991 (Supp. 90-4). Amended effective September 1, 1992; filed August 7, 1992 (Supp. 92-3). Amended effective January 1, 1993; filed December 18, 1993 (Supp. 92-4). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended effective December 16, 1995 (Supp. 94-4). Amended effective January 1, 1997; filed in the Office of the Secretary of State November 14, 1995 (Supp. 95-4). Amended subsection (D), paragraph (4), and subsection (E), paragraph (10), effective October 1, 1996; filed in the Office of the Secretary of State July 12, 1996 (Supp. 96-3). Amended subsection (B), paragraph (6) and subsection (E) paragraph (4), effective January 1, 1997; filed with the Office of the Secretary of State November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 1146, effective July 1, 2000 or January 1, 2001, as designated within the text of the Section (Supp. 00-1). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 1157, effective May 1, 2004 (Supp. 04-1). Amended by final rulemaking at 10 A.A.R. 2823, effective August 13, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 12 A.A.R. 1391, effective June 4, 2006 (Supp. 06-2). Amended by final rulemaking at 13 A.A.R. 462, effective February 6, 2007 (Supp. 07-1). Amended by final rulemaking at 17 A.A.R. 1472, effective July 12, 2011 (Supp. 11-3). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 25 A.A.R. 1854, effective 7/2/2019. Amended by final rulemaking at 27 A.A.R. 400, effective 7/1/2021. Amended by final exempt rulemaking at 27 A.A.R. 1076, effective 8/21/2021. Amended by final exempt rulemaking at 27 A.A.R. 2907, effective 2/7/2022. Amended by final exempt rulemaking at 28 A.A.R. 3355, effective 9/26/2022. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-103 Duplicate Tags and Licenses

A. Under A.R.S. § 17-332(C), the Department and its license dealers may issue a duplicate license, tag, or electronic tag to an applicant who:

1. Pays the applicable fee prescribed under R12-4-102, and

2. Signs an affidavit. The affidavit is furnished by the Department and is available at any Department office or license dealer.

B. The applicant shall provide the following information on the affidavit:

1. The applicant's personal information:

a. Name;

b. Department identification number, when applicable;

c. Residency status and number of years of residency immediately preceding application, when applicable;

2. The original license or tag information:

a. Type of license, tag, or electronic tag;

b. Place of purchase;

c. Purchase date, when available; and

Disposition of the original tag for which a duplicate is being purchased:

a. The tag was not used and is lost, destroyed, mutilated, or otherwise unusable; or

b. The tag was attached to a harvested animal that was subsequently condemned and the carcass and all parts of the animal were surrendered to a Department employee as required under R12-4-112(B) and (C). An applicant applying for a duplicate tag under this subsection shall also submit the condemned meat duplicate tag authorization form issued by the Department.

C. In the event the Department is unable to verify the expiration date of the original license, the duplicate license shall expire on December 31 of the current year.

History

• Amended effective June 7, 1976 (Supp. 76-3). Amended effective October 20, 1977 (Supp. 77-5). Former Section R12-4-07 renumbered as Section R12-4-103 without change effective August 13, 1981 (Supp. 81-4). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 2966, effective 2/7/2022. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-104 Application Procedures for Issuance of Hunt Permit-tags by Computer Draw and Purchase of Bonus Points

A. For the purposes of this Section, "group" means all applicants who placed their names on a single application as part of the same application.

B. A person is eligible to apply for a:

1. Hunt permit-tag for big game if the person:

a. Is at least 10 years of age at the start of the hunt for which the person is applying;

b. Has successfully completed a Department-sanctioned hunter education course by the start date of the hunt for which the person is applying, when the person is between 9 and 14 years of age;

c. Has not reached the bag limit established under subsection (J) for that genus; and

d. Is not suspended or revoked in this state as a result of an action under A.R.S. §§ 17-340 or 17-502 at the time the person submits an application.

2. Bonus point for big game if the person:

a. Is at least 10 years of age by the application deadline date; and

b. Is not suspended or revoked in this state as a result of an action under A.R.S. §§ 17-340 or 17-502 at the time the person submits an application.

3. Bonus point for wildlife other than big game if the person is not suspended or revoked in this state as a result of an action under A.R.S. §§ 17-340 or 17-502 at the time the person submits an application.

C. An applicant shall apply at the times, locations, and in the manner and method established by the hunt permit-tag application schedule published by the Department and available at any Department office, on the Department's website, or a license dealer.

1. The Commission shall set application deadline dates for hunt permit-tag computer draw applications through the hunt permit-tag application schedule.

The Director has the authority to extend any application deadline date if a problem occurs that prevents the public from submitting a hunt permit-tag application within the deadlines set by the Commission.

3. The Commission, through the hunt permit-tag application schedule, shall designate the manner and method of submitting an application, which may require an applicant to apply online only. If the Commission requires applicants to use the online method, the Department shall accept paper applications only in the event of a Department systems failure.

D. An applicant for a hunt permit-tag or a bonus point shall complete and submit a Hunt Permit-tag Application. The application form is available from any Department office, a license dealer, or on the Department's website.

E. An applicant shall provide the following information on the Hunt Permit-tag Application:

1. The applicant's personal information:

a. Name;

b. Date of birth,

c. Social security number, as required under A.R.S. §§ 25-320(P) and 25-502(K);

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

2. If the applicant possesses a valid license authorizing the take of wildlife in this state, the number of the applicant's license;

3. If the applicant does not possess a valid license at the time of the application, the applicant shall purchase a license as established under subsection (K). The applicant shall provide all of the following information on the license application portion of the Hunt Permit-tag Application:

a. Physical description, to include the applicant's eye color, hair color, height, and weight;

b. Residency status and number of years of residency immediately preceding application, when applicable;

c. Type of license for which the person is applying; and

4. Certify the information provided on the application is true and accurate;

5. An applicant who is:

a. Under the age of 10 and is submitting an application for a hunt other than big game is not required to have a license under this Chapter. The applicant shall indicate "youth" in the space provided for the license number on the Hunt Permit-tag Application.

b. Age nine or older and is submitting an application for a big game hunt is required to purchase an appropriate license as required under this Section. The applicant shall either enter the appropriate license number in the space provided for the license number on the Hunt Permit-tag Application Form or purchase a license at the time of application, as applicable.

F. In addition to the information required under subsection (E), an applicant shall also submit all applicable fees established under R12-4-102, as follows:

When applying electronically:

a. The permit application fee; and

b. The license fee, when the applicant does not possess a valid license at the time of application. The applicant shall submit payment in U.S. currency using valid credit or debit card.

c. If an applicant is successful in the computer draw, the Department shall charge the hunt permit-tag fee using the credit or debit card furnished by the applicant.

2. When applying manually:

a. The fee for the applicable hunt permit-tag;

b. The permit application fee; and

c. The license fee if the applicant does not possess a valid license at the time of application. The applicant shall submit payment by certified check, cashier's check, or money order made payable in U.S. currency to the Arizona Game and Fish Department.

G. An applicant shall apply for a specific hunt or a bonus point by the current hunt number. If all hunts selected by the applicant are filled at the time the application is processed in the computer draw, the Department shall deem the application unsuccessful, unless the application is for a bonus point.

1. An applicant shall make all hunt choices for the same genus within one application.

2. An applicant shall not include applications for different genera of wildlife in the same envelope.

H. An applicant shall submit only one valid application per genus of wildlife for any calendar year, except:

1. If the bag limit is one per calendar year, an unsuccessful applicant may re-apply for remaining hunt permit-tags in unfilled hunt areas, as specified in the hunt permit-tag application schedule.

2. For genera that have multiple draws within a single calendar year, a person who successfully draws a hunt permit-tag during an earlier season may apply for a later season for the same genus if the person has not taken the bag limit for that genus during a preceding hunt in the same calendar year.

3. If the bag limit is more than one per calendar year, a person may apply for remaining hunt permit-tags in unfilled hunt areas as specified in the hunt permit-tag application schedule.

I. All members of a group shall apply for the same hunt numbers and in the same order of preference.

1. No more than four persons may apply as a group.

2. The Department shall not issue a hunt permit-tag to any group member unless sufficient hunt permit-tags are available for all group members.

J. A person shall not apply for a hunt permit-tag for:

1. Rocky Mountain or desert bighorn sheep if the person has met the lifetime bag limit for that sub-species.

2. Bison if the person has met the lifetime bag limit for that species.

3. Any species when the person has reached the bag limit for that species during the same calendar year for which the hunt permittag applies.

K. To participate in:

1. The computer draw system, an applicant shall possess an appropriate hunting license that shall be valid, either:

a. On the last day of the application deadline for that computer draw, as established by the hunt permit-tag application schedule published by the Department, or

b. On the last day of an extended deadline date, as authorized under subsection (C)(2).

c. If an applicant does not possess an appropriate hunting license that meets the requirements of this subsection, the applicant shall purchase the license at the time of application.

2. The bonus point system, an applicant shall comply with the requirements established under R12-4-107.

L. The Department shall reject as invalid a Hunt Permit-Tag Application not prepared or submitted in accordance with this Section or not prepared in a legible manner.

M. Any hunt permit-tag issued for an application that is subsequently found not to be in accordance with this Section is invalid.

N. The Department or its authorized agent shall deliver hunt permit-tags to successful applicants. The Department shall return application overpayments to the applicant designated "A" on the Hunt Permit-tag Application. The Department shall not refund:

1. A permit application fee.

2. A license fee submitted with a valid application for a hunt permit-tag or bonus point.

3. An overpayment of five dollars or less. The Department shall consider the overpayment to be a donation to the Arizona Game and Fish Fund.

O. The Department shall award a bonus point for the appropriate species to an applicant when the payment submitted is less than the required fees, but is sufficient to cover the application fee and, when applicable, license fee.

P. When the Department determines a Department error, as defined under subsection (P)(3), caused the rejection or denial of a valid application:

The Director may authorize either:

a. The issuance of an additional hunt permit-tag, provided the issuance of an additional hunt permit-tag will have no significant impact on the wildlife population to be hunted and the application for the hunt permit-tag would have otherwise been successful based on its random number, or

b. The awarding of a bonus point when a hunt permit-tag is not issued.

2. A person who is denied a hunt permit-tag or a bonus point under this subsection may appeal to the Commission as provided under A.R.S. Title 41, Chapter 6, Article 10.

3. For the purposes of this subsection, "Department error" means an internal processing error that:

a. Prevented a person from lawfully submitting an application for a hunt permit-tag,

b. Caused a person to submit an invalid application for a hunt permit-tag,

c. Caused the rejection of an application for a hunt permit-tag,

d. Failed to apply an applicant's bonus points to a valid application for a hunt permit-tag, or

e. Caused the denial of a hunt permit-tag.

History

• Amended effective May 3, 1976 (Supp. 76-3). Amended effective June 28, 1977 (Supp. 77-3). Amended effective July 24, 1978 (Supp. 78-4). Former Section R12-4-06 renumbered as Section R12-4-104 without change effective August 13, 1981. Amended subsections (N), (O), and (P) effective August 31, 1981 (Supp. 81-4). Former Section R12-4-104 repealed, new Section R12-4-104 adopted effective May 12, 1982 (Supp. 82-3). Amended subsection (D) as an emergency effective December 27, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-6). Emergency expired. Amended effective June 20, 1983 (Supp. 83-3). Amended subsection (F)(3) effective September 12, 1984. Amended subsection (F)(9) and added subsections (F)(10) and (G)(3) effective October 31, 1984 (Supp. 84-5). Amended effective May 5, 1986 (Supp. 86-3). Amended effective June 4, 1987 (Supp. 87-2). Section R12-4-104 repealed, new Section R12-4-104 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 845, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 11 A.A.R. 991, effective April 2, 2005; amended by final rulemaking at 11 A.A.R. 1177, effective May 2, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-105 License Dealer's License

A. For the purposes of this Section, unless the context otherwise requires:

"Dealer number" means the unique number assigned by the Department to a dealer outlet.

"Dealer outlet" means a specified location authorized to sell licenses under a license dealer's license.

"License" means any hunting or fishing license, permit, stamp, or tag that may be sold by a dealer or dealer outlet under this Section.

"License dealer" means a business licensed by the Department to sell licenses from one or more dealer outlets.

"License Dealer Portal" means the secure website provided by the Department for issuing licenses and permits and accessing a license dealer's account.

B. A person shall not sell or issue licenses without authorization from the Department. A license dealer's license authorizes a person to issue licenses on behalf of the Department. A person is eligible to apply for a license dealer's license, provided all of the following criteria are met:

1. The person's privilege to sell licenses for the Department has not been revoked or canceled under A.R.S. §§ 17-334, 17-338, or 17-339 within the two calendar years immediately preceding the date of application;

2. The person's credit record or assets assure the Department that the value of the licenses shall be adequately protected;

3. The person agrees to assume financial responsibility for licenses provided by the Department at the maximum value established under R12-4-102.

C. A person shall apply for a license dealer's license by submitting an application to any Department office. The application is furnished by the Department and is available at any Department office. A license dealer license applicant shall provide all of the following information on the application:

The principal business or corporation information:

a. Name,

b. Physical address, and

c. Telephone number;

d. If not a corporation, the applicant shall provide the information required under subsections (a), (b), and (c) for each owner;

2. The contact information for the person responsible for ensuring compliance with this Section:

a. Name,

b. Business address, and

c. Business telephone number;

3. Whether the applicant has previously sold licenses under A.R.S. § 17-334;

4. Whether the applicant is seeking renewal of an existing license dealer's license;

5. Credit references and a statement of assets and liabilities; and

Dealer outlet information:

a. Name,

b. Physical address,

c. Telephone number, and

d. Name of the person responsible for ensuring compliance with this Section at each dealer outlet.

D. A license dealer may request to add dealer outlets to the license dealer's license, at any time during the license year, by submitting the application form containing the information required under subsection (C) to the Department and paying the fee established under R12-4-102.

E. An applicant who is denied a license dealer's license under this Section may appeal to the Commission as provided under A.R.S. Title 41, Chapter 6, Article 10.

F. The Department shall:

1. Provide to the license dealer all licenses that the license dealer will make available to the public for sale,

2. Authorize the license dealer to use the dealer's own license stock, or

Authorize the license dealer to issue licenses and permits online via the Department's License Dealer Portal.

G. Upon receipt of licenses provided by the Department, the license dealer shall verify the licenses received are the licenses identified on the shipment inventory provided by the Department with the shipment.

1. Within five working days from receipt of shipment, the person performing the verification shall:

a. Clearly designate any discrepancies on the shipment inventory,

b. Sign and date the shipping inventory, and

c. Return the signed shipping inventory to the Department.

2. The Department shall verify any discrepancies identified by the license dealer and credit or debit the license dealer's inventory accordingly.

H. A license dealer shall maintain an inventory of licenses for sale to the public at each outlet.

I. A license dealer's license holder shall transmit to the Department all collected license or permit fees established under R12-4-102.

1. A license dealer's license holder may collect and retain a reasonable and commensurate fee for its services.

2. Each license dealer's license holder shall identify to the public the Department's license fees separately from any other costs.

I. J. A license dealer may request additional licenses in writing or verbally.

1. The request shall include:

a. The name of the license dealer,

b. The assigned dealer number,

c. A list of the licenses needed, and

d. The name of the person making the request.

Within 10 calendar days from receipt of a request, the Department shall provide the licenses requested, unless:

a. The license dealer failed to acknowledge licenses previously provided to the license dealer, as required under subsection (G);

b. The license dealer failed to transmit license fees, as required under subsection (J); or

c. The license dealer is not in compliance with this Section and all applicable statutes and rules.

J. K. A license dealer shall transmit to the Department all license fees collected by the tenth day of each month, prescribed under A.R.S. § 17-338(A). Failure to comply with the requirements of this subsection shall result in the cancellation of the license dealer's license, as authorized under A.R.S. § 17-338(A).

K. L. A license dealer shall submit a monthly report to the Department by the tenth day of each month, as prescribed under A.R.S. § 17-339.

1. The monthly report form is furnished by the Department.

2. A monthly report is required regardless of whether or not activities were performed.

3. Failure to submit the monthly report in compliance with this subsection shall be cause to cancel the license dealer's license.

4. The license dealer shall include in the monthly report all of the following information for each outlet:

a. Name of the dealer;

b. The assigned dealer number;

c. Reporting period;

d. Number of sales and dollar amount of sales for reporting period, by type of license sold;

e. Dollar amount of commission authorized under A.R.S. § 17-338(B) ;

f. e. Debit and credit adjustments for previous reporting periods, if any;

g. f. Number of affidavits received for which a duplicate license was issued under R12-4-103;

h. g. List of lost or missing licenses; and

i. h. Printed name and signature of the preparer.

5. In addition to the information required under subsection (L), the license dealer shall also provide the affidavit for each duplicate license issued by the dealer during the reporting period.

a. The affidavit is furnished by the Department and is included in the license book.

b. A license dealer who fails to submit the affidavit for a duplicate license issued by the license dealer shall remit to the Department the actual cash value of the original license replaced.

L. The Department shall provide written notice of suspension and demand the return of all inventory within five calendar days from any license dealer who:

1. Fails to transmit monies due the Department under A.R.S. §§ 17-338 by the deadline established under subsection (J);

2. Issues to the Department more than one check with insufficient funds during a calendar year; or

3. Otherwise fails to comply with this Section and all applicable statutes and rules.

M. As prescribed under A.R.S. § 17-338, the actual cash value of licenses not returned to the Department is due and payable to the Department within 15 working days from the date the Department provides written notice to the license dealer. This includes, but is not limited to:

1. Licenses not returned upon termination of business by a license dealer; or

2. Licenses reported by a dealer outlet or discovered by the Department to be lost, missing, stolen, or destroyed for any reason.

N. In addition to those violations that may result in revocation, suspension, or cancellation of a license dealer's license as prescribed under A.R.S. §§ 17-334, 17-338, and 17-339, the Commission may revoke a license dealer's license if the license dealer or an employee of the license dealer is convicted of counseling, aiding, or attempting to aid any person in obtaining a fraudulent license.

History

• Amended effective June 7, 1976 (Supp. 77-3). Former Section R12-4-08 renumbered as Section R12-4-105 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-105 repealed, new Section R12-4-105 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-105 repealed, new Section R12-4-105 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-106 Special Licenses Licensing Time-frames

A. For the purposes of this Section, the following definitions apply:

"Administrative review time-frame" has the same meaning as prescribed under A.R.S. § 41-1072(1)

. "License" means any permit or authorization issued by the Department and listed under subsection (H).

"Overall time-frame" has the same meaning as prescribed under A.R.S. § 41-1072(2).

"Substantive review time-frame" has the same meaning as prescribed under A.R.S. § 41-1072(3).

B. As required under A.R.S. § 41-1072 et seq., within the overall time-frames listed in the table below, the Department shall either:

1. Grant a license to an applicant after determining the applicant meets all of the criteria required by statute and the governing rule; or

2. Deny a license to an applicant when the Department determines the applicant does not meet all of the criteria required by statute and the governing rule.

a. The Department may deny a license at any point during the review process if the information provided by the applicant demonstrates the applicant is not eligible for the license as prescribed under statute or the governing rule.

b. The Department shall issue a written denial notice when it is determined that an applicant does not meet all of the criteria for the license.

c. The written denial notice shall provide:

i. The Department's justification for the denial, and

ii. When a hearing or appeal is authorized, an explanation of the applicant's right to a hearing or appeal.

C. During the overall time-frame:

1. The applicant and the Department may agree in writing to extend the overall time-frame.

2. The substantive review time-frame shall not be extended by more than 25% of the overall time-frame.

D. An applicant may withdraw an application at any time.

E. The administrative review time-frame shall begin upon the Department's receipt of an application.

1. During the administrative review time-frame, the Department may return to the applicant, without denial, an application that is missing any of the information required under R12-4-409 and the rule governing the specific license. The Department shall issue to the applicant a written notice that identifies all missing information and indicates the applicant has 30 days in which to provide the missing information.

2. The administrative review time-frame and the overall time-frame listed for the applicable license under this Section are suspended from the date on the notice until the date the Department receives the missing information.

3. If an applicant fails to respond to a request for missing information within 30 days, the Department shall consider the application withdrawn.

F. The substantive review time-frame shall begin when the Department determines an application is complete.

1. During the substantive review time-frame, the Department may make one comprehensive written request for additional information. The written notice shall:

a. Identify the additional information, and

b. Indicate the applicant has 30 days in which to submit the additional information.

c. The Department and the applicant may mutually agree in writing to allow the agency to submit supplemental requests for additional information.

d. If an applicant fails to respond to a request for additional information within 30 days, the Department shall consider the application withdrawn.

2. The substantive review time-frame and the overall time-frame listed for the applicable license under this Section are suspended from the date on the request until the date the Department receives the additional information.

G. If the last day of the time-frame period falls on a Saturday, Sunday, or an official State holiday, the Department shall consider the next business day the time-frame period's last day. All periods listed are:

1. Calendar days, and

2. Maximum time periods.

H. The Department may grant or deny a license in less time than specified in Table 1. Time-Frames.

Table 1. Time-Frames

| Name of Special License | Governing Rule | Administrative Review Time-frame | Substantive Review Time-frame | Overall Time-frame | | --- | --- | --- | --- | --- | | Aquatic Wildlife Stocking License | R12-4-410 | 10 days | 170 days | 180 days | | Authorization for Use of Drugs on Wildlife | R12-4-309 | 20 days | 70 days | 90 days | | Challenged Hunter Access/Mobility Permit | R12-4-217 | 1 day | 29 days | 30 days | | Crossbow Permit | R12-4-216 | 1 day | 29 days | 30 days | | Disabled Veteran's License | R12-4-202 | 1 day | 29 days | 30 days | | Fishing Permits | R12-4-310 | 10 days | 20 days | 30 days | | Game Bird License | R12-4-414 | 10 days | 20 days | 30 days | | Guide License | R12-4-208 | 10 days | 20 days | 30 days | | License Dealer's License | R12-4-105 | 10 days | 20 days | 30 days | | Live Bait Dealer's License | R12-4-411 | 10 days | 20 days | 30 days | | Pioneer License | R12-4-201 | 1 day | 29 days | 30 days | | Private Game Farm License | R12-4-413 | 10 days | 20 days | 30 days | | Scientific Activity License | R12-4-418 | 10 days | 20 days | 30 days | | Small Game Depredation Permit | R12-4-113 | 10 days | 20 days | 30 days | | Sport Falconry License | R12-4-422 | 10 days | 20 days | 30 days | | Taxidermy Registration | R12-4-204 | 10 days | 20 days | 30 days | | Watercraft Agents | R12-4-509 | 10 days | 20 days | 30 days | | White Amur Stocking License | R12-4-424 | 10 days | 20 days | 30 days | | Wildlife Holding License | R12-4-417 | 10 days | 20 days | 30 days | | Wildlife Rehabilitation License | R12-4-423 | 10 days | 50 days | 60 days | | Wildlife Service License | R12-4-421 | 10 days | 50 days | 60 days | | Zoo License | R12-4-420 | 10 days | 20 days | 30 days |

History

• Editorial correction subsections (F) through (G) (Supp. 78-5). Former Section R12-4-09 renumbered as Section R12-4-106 without change effective August 13, 1981 (Supp. 81-4). Repealed effective May 27, 1992 (Supp. 92-2). New Section adopted June 10, 1998 (Supp. 98-2). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 25 A.A.R. 1854, effective 7/2/2019. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-107 Bonus Point System

A. For the purpose of this Section, the following definitions apply:

"Bonus point hunt number" means the hunt number assigned in a Commission Order for use by an applicant who is applying for a bonus point only.

"Loyalty bonus point" means a bonus point awarded to a person who has submitted a valid application for a hunt permit-tag or a bonus point for a specific genus identified in subsection (B) at least once annually for a consecutive five-year period.

B. The bonus point system grants a person one random number entry in each computer draw for bear, bighorn sheep, bison, deer, elk, javelina, pronghorn, Sandhill crane, or turkey for each bonus point that person has accumulated under this Section.

Each bonus point random number entry is in addition to the entry normally granted under R12-4-104.

2. When processing a "group" application, as defined under R12-4-104, the Department shall use the average number of bonus points accumulated by all persons in the group, rounded to the nearest whole number. If the average number of bonus points is equal to or greater than .5, the total will be rounded to the next higher number.

3. The Department shall credit a bonus point under an applicant's Department identification number for the genus on the application.

4. The Department shall not transfer bonus points between persons or genera.

C. The Department shall award one bonus point to an applicant who submits a valid Hunt Permit-tag Application provided the following apply:

1. The application is unsuccessful in the computer draw or the application is for a bonus point only;

2. The application is unsuccessful in the computer draw:

a. The applicant is age 10 or younger, and is applying for a hunt for wildlife other than big game; or

b. The application is for a bonus point for wildlife other than big game only;

2.3. The application is not for a hunt permit-tag leftover after the computer draw and available on a first-come, first-served basis as established under R12-4-114; and

3.4. The applicant either provides the appropriate hunting license number on the application, or submits an application and fees for the applicable license with the Hunt Permit-tag Application Form, as applicable.

D. An applicant who purchases a bonus point only shall:

1. Submit a valid Hunt Permit-tag Application, as prescribed under R12-4-104 at the times, locations, and in the manner and method established by the schedule published by the Department and available at any Department office, on the Department's website, or a license dealer.

a. When the application is submitted for a hunt permit-tag or bonus point, the Department shall reject any application that:

i. Indicates the bonus point only hunt number as any choice other than the first-choice,

ii. Includes any other hunt number on the application,

iii. Includes more than one Hunt Permit-tag Application per genus per computer draw, or

iv. Is submitted after the application deadline for that specific computer draw.

2.b. When the application is submitted for a bonus point during the extended bonus point period, the Department shall reject any application that:

i. Includes more than one Hunt Permit-tag Application per genus, or

ii. Is submitted after the application deadline for that extended bonus point period.

3.2. Include the applicable fees:

a. Application fee, and

b. Applicable license fee, required when the applicant does not possess a valid license at the time of application and the applicant is applying for a hunt permit-tag.

E. With the exception of the conservation education and hunter education bonus points, each accumulated bonus point is valid only for the genus designated on the Hunt Permit-tag Application.

F. With the exception of a permanent bonus point awarded for conservation education or hunter education and a loyalty bonus point which is accrued and forfeited as established under subsection (L), a person's accumulated bonus points for a genus are expended if:

1. The person is issued a hunt permit-tag for that genus in a computer draw;

2. The person fails to submit a Hunt Permit-tag Application for that genus for five consecutive years; or

3. The person purchases a surrendered tag as prescribed under R12-4-118(F)(1), (2), or (3).

G. Notwithstanding subsection (F), the Department shall restore any expended bonus points to a person who surrenders or transfers a tag in compliance with R12-4-118 or R12-4-121.

H. An applicant issued a first-come, first-served hunt permit-tag under R12-4-114(C)(2)(e) after the computer draw does not expend bonus points for that genus.

I. An applicant who is unsuccessful for a first-come, first-served hunt permit-tag made available by the Department after the computer draw is not eligible to receive a bonus point.

J. The Department shall award one permanent bonus point for each genus upon a person's first graduation from either:

1. A Department-sanctioned Arizona Hunter Education Course completed after January 1, 1980, or

2. The Department's Arizona Conservation Education Course completed after January 1, 2021.

a. Course participants are required to provide the following information upon registration, the participants:

i. Name;

ii. Mailing address;

iii. Telephone number;

iv. E-mail address, when available;

v. Date of birth; and

vi. Department ID number, when applicable.

b. The Arizona Game and Fish Department-certified Instructor shall submit the course paperwork to the Department within 10 business days of course completion. Course paperwork must be received by the Department no less than 30 days before the computer draw application deadline, as specified in the hunt permit-tag application schedule in order for the Department to assign hunter education bonus points in the next computer draw.

c. Any person who is nine years of age or older may participate in a hunter education course or the Department's conservation education course. When the person is under 10 years of age, the hunter education completion card and certificate shall become valid on the person's 10th birthday.

d. The Department shall not award hunter education bonus points for any of the following specialized hunter education courses:

i. Bowhunter Education,

ii. Trapper Education, or

iii. Advanced Hunter Education.

K. The Department provides an applicant's total number of accumulated bonus points on the Department's application website or IVR telephone system.

1. If a person believes the total number of accumulated bonus points is incorrect, the person may request proof of compliance with this Section, from the Department, to prove Department error.

2. In the event of an error, the Department shall correct the person's record.

L. The following provisions apply to the loyalty bonus point program:

1. An applicant who submits a valid application at least once a year for a hunt permit-tag or a bonus point for a specific genus consecutively for a five-year period shall accrue a loyalty bonus point for that genus.

2. Except as established under subsection (N), once a loyalty bonus point is accrued, the applicant shall retain the loyalty bonus point provided the applicant annually submits an application, with funds sufficient to cover all application fees and applicable license fees for each applicant listed on the application, for a hunt permit-tag or a bonus point for the genus for which the loyalty bonus point was accrued.

3. An applicant who fails to apply in any calendar year for a hunt permit-tag or bonus point for the genus for which the loyalty bonus point was accrued shall forfeit the loyalty bonus point for that genus.

4. A loyalty bonus point is accrued in addition to all other bonus points.

M. It is unlawful for a person to purchase or accrue a bonus point by fraud or misrepresentation and any bonus point so obtained shall be removed from the person's Department record.

History

• Former Section R12-4-03 renumbered as Section R12-4-107 without change effective August 13, 1981 (Supp. 81-4). Section R12-4-107 repealed, new Section R12-4-107 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective July 29, 1992 (Supp. 92-3). Section R12-4-107 repealed, new Section R12-4-107 adopted effective January 1, 1999; filed with the Office of the Secretary of State February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 845, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 11 A.A.R. 991, effective April 2, 2005 (Supp. 05-1). Amended by final rulemaking at 11 A.A.R. 991, effective April 2, 2005; amended by final rulemaking at 11 A.A.R. 1177, effective May 2, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-108 Management Unit Boundaries

A. For the purpose of this Section, parentheses mean "also known as," and the following definitions shall apply:

"FH" means forest highway.

"FR" means forest road.

"Hwy" means Highway.

"I-8" means Interstate Highway 8.

"I-10" means Interstate Highway 10.

"I-15" means Interstate Highway 15.

"I-17" means Interstate Highway 17.

"I-19" means Interstate Highway 19.

"I-40" means Interstate Highway 40.

"mp" means "milepost."

B. The state is divided into units for the purpose of managing wildlife. Each unit is identified by a number, or a number and letter. For the purpose of this Section, Indian reservation land contained within any management unit is not under the jurisdiction of the Arizona Game and Fish Commission or the Arizona Game and Fish Department.

C. Management unit descriptions are as follows:

Unit 1 - Beginning at the New Mexico state line and U.S. Hwy 60; west on U.S. Hwy 60 to Vernon Junction; southerly on the Vernon-McNary RD. (FR 224) to the White Mountain Apache Indian Reservation boundary; east and south along the reservation boundary to Black River; east and north along Black River to the east fork of Black River; north along the east fork to Three Forks; and continuing north and east on the Three Forks-Williams Valley Alpine Rd. (FR 249) to U.S. Hwy 180; east on U.S. Hwy 180 to the New Mexico state line; north along the state line to U.S. Hwy 60.

Unit 2A - Beginning at St. Johns on U.S. Hwy 191 (AZ Hwy 61); north on U.S. Hwy 191 (AZ Hwy 61) to the Navajo Indian Reservation boundary; westerly along the reservation boundary to AZ Hwy 77; south on AZ Hwy 77 to Exit 292 on I-40; west on the westbound lane of I-40 to Exit 286; south on AZ Hwy 77 to U.S. Hwy 180; southeast on U.S. Hwy 180 to AZ Hwy 180A; south on AZ Hwy 180A to AZ Hwy 61; east on AZ Hwy 61 to U.S. Hwy 180 (AZ Hwy 61); east to U.S. Hwy 191 at St. Johns; except those portions that are sovereign tribal lands of the Zuni Tribe.

Unit 2B - Beginning at Springerville; east on U.S. Hwy 60 to the New Mexico state line; north along the state line to the Navajo Indian Reservation boundary; westerly along the reservation boundary to U.S. Hwy 191 (AZ Hwy 61); south on U.S. Hwy 191 (U.S. Hwy 180) to Springerville.

Unit 2C - Beginning at St. Johns on U.S. Hwy 191 (AZ Hwy 61); west on to AZ Hwy 61 Concho; southwest on AZ Hwy 61 to U.S. Hwy 60; east on U.S. Hwy 60 to U.S. Hwy 191 (U.S. Hwy 180); north on U.S. Hwy 191 (U.S. Hwy 180) to St. Johns.

Unit 3A - Beginning at the junction of U.S. Hwy 180 and AZ Hwy 77; south on AZ Hwy 77 to AZ Hwy 377; southwesterly on AZ Hwy 377 to AZ Hwy 277; easterly on AZ Hwy 277 to Snowflake; easterly on the Snowflake-Concho Rd. to U.S. Hwy 180A; north on U.S. Hwy 180A to U.S. Hwy 180; northwesterly on U.S. Hwy 180 to AZ Hwy 77.

Unit 3B - Beginning at Snowflake; southerly along AZ Hwy 77 to U.S. Hwy 60; southwesterly along U.S. Hwy 60 to the White Mountain Apache Indian Reservation boundary; easterly along the reservation boundary to the Vernon-McNary Rd. (FR 224); northerly along the Vernon-McNary Rd. to U.S. Hwy 60; west on U.S. Hwy 60 to AZ Hwy 61; northeasterly on AZ Hwy 61 to AZ Hwy 180A; northerly on AZ Hwy 180A to Concho-Snowflake Rd.; westerly on the Concho-Snowflake Rd. to Snowflake.

Unit 3C - Beginning at Snowflake; westerly on AZ Hwy 277 to AZ Hwy 260; westerly on AZ Hwy 260 to the Sitgreaves National Forest boundary with the Tonto National Forest; easterly along the Apache-Sitgreaves National Forest boundary to U.S. Hwy 60 (AZ Hwy 77); northeasterly on U.S. Hwy 60 (AZ Hwy 77) to Showlow; northerly along AZ Hwy 77 to Snowflake.

Unit 4A - Beginning on the boundary of the Apache-Sitgreaves National Forest with the Coconino National Forest at the Mogollon Rim; north along this boundary (Leonard Canyon) to East Clear Creek; northerly along East Clear Creek to AZ Hwy 99; north on AZ Hwy 99 to AZ Hwy 87; north on AZ Hwy 87 to Business I-40 (3rd St.); west on Business I-40 (3rd St.) to Hip-koe Dr.; northerly on Hipkoe Dr. to I-40; west on I-40 to mp 221.4; north to the southwest corner of the Navajo Indian Reservation boundary; east along the Navajo Indian Reservation boundary to the Little Colorado River; southerly along the Little Colorado River to Chevelon Creek; southerly along Chevelon Creek to Woods Canyon; westerly along Woods Canyon to Woods Canyon Lake Rd.; westerly and southerly along the Woods Canyon Lake Rd. to the Mogollon Rim; westerly along the Mogollon Rim to the boundary of the Apache-Sitgreaves National Forest with the Coconino National Forest.

Unit 4B - Beginning at AZ Hwy 260 and the Sitgreaves National Forest boundary with the Tonto National Forest; northeasterly on AZ Hwy 260 to AZ Hwy 277; northeasterly on AZ Hwy 277 to Hwy 377; northeasterly on AZ Hwy 377 to AZ Hwy 77; northeasterly on AZ Hwy 77 to I-40 Exit 286; northeasterly along the westbound lane of I-40 to Exit 292; north on AZ Hwy 77 to the Navajo Indian Reservation boundary; west along the reservation boundary to the Little Colorado River; southerly along the Little Colorado River to Chevelon Creek; southerly along Chevelon Creek to Woods Canyon; westerly along Woods Canyon to Woods Canyon Lake Rd. (FH 151); westerly and southerly along the Woods Canyon Lake Rd. (FH 151) to the Mogollon Rim; easterly along the Mogollon Rim to the intersection of AZ Hwy 260 and the Sitgreaves National Forest boundary with the Tonto National Forest.

Unit 5A - Beginning at the junction of the Sitgreaves National Forest boundary with the Coconino National Forest boundary at the Mogollon Rim; northerly along this boundary (Leonard Canyon) to East Clear Creek; northeasterly along East Clear Creek to AZ Hwy 99; north on AZ Hwy 99 to AZ Hwy 87; north on AZ Hwy 87 to Business I-40 (3rd St.); west on Business I-40 (3rd St.) to Hipkoe Dr.; north on Hipkoe Dr. to I-40; west on I-40 to the Meteor Crater Rd. (Exit 233); southerly on the Meteor Crater-Chavez Pass-Jack's Canyon Rd. (FR 69) to AZ Hwy 87; southwesterly along AZ Hwy 87 to the Coconino-Tonto National Forest boundary; easterly along the Coconino-Tonto National Forest boundary (Mogollon Rim) to the Sitgreaves National Forest boundary with the Coconino National Forest.

Unit 5B -- Beginning at Lake Mary-Clint's Well Rd. (FH3) and Walnut Canyon (mp 337.5 on FH3); southeasterly on FH3 to AZ Hwy 87; northeasterly on AZ Hwy 87 to FR 69; westerly and northerly on FR 69 to I-40 (Exit 233); west on I-40 to Walnut Canyon (mp 210.2); southwesterly along the bottom of Walnut Canyon to Walnut Canyon National Monument; southwesterly along the northern boundary of the Walnut Canyon National Monument to Walnut Canyon; southwesterly along the bottom of Walnut Canyon to FH3 (mp 337.5).

Unit 6A - Beginning at the junction of AZ Hwy 89A and FR 237; southwesterly on AZ Hwy 89A to the Verde River; southeasterly along the Verde River to the confluence with Fossil Creek; northeasterly along Fossil Creek to Fossil Springs; southeasterly on FS trail 18 (Fossil Spring Trail) to the top of the rim; northeasterly on the rim to Nash Point on the Tonto-Coconino National Forest boundary; easterly along this boundary to AZ Hwy 87; northeasterly on AZ Hwy 87 to Lake Mary-Clint's Well Rd. (FH3); northwesterly on FH3 to FR 132; southwesterly on FR 132 to FR 296; southwesterly on FR 296 to FR 296A; southwesterly on FR 296A to FR 132; northwesterly on FR 132 to FR 235; westerly on FR 235 to Priest Draw; southwesterly along the bottom of Priest Draw to FR 235; westerly on FR 235 to FR 235A; westerly on FR 235A to FR 235; southerly on FR 235 to FR 235K; northwesterly on FR 235K to FR 700; northerly on FR 700 to Mountainaire Rd.; west on Mountainaire Rd. to FR 237; westerly on FR 237 to AZ Hwy 89A except those portions that are sovereign tribal lands of the Yavapai-Apache Nation.

Unit 6B - Beginning at mp 188.5 on I-40 at a point just north of the east boundary of Camp Navajo; south along the eastern boundary of Camp Navajo to the southeastern corner of Camp Navajo; southeast approximately 1/3 mile through the forest to the forest road in section 33; southeast on the forest road to FR 231 (Woody Mountain Rd.); easterly on FR 231 to FR 533; southerly on FR 533 to AZ Hwy 89A; southerly on AZ Hwy 89A to the Verde River; northerly along the Verde River to Sycamore Creek; northeasterly along Sycamore Creek and Volunteer Canyon to the southwest corner of the Camp Navajo boundary; northerly along the western boundary of Camp Navajo to the northwest corner of Camp Navajo; continuing north to I-40 (mp 180.0); easterly along I-40 to mp 188.5.

Unit 7 - Beginning at the junction of AZ Hwy 64 and I-40 (in Williams); easterly on I-40 to FR 171 (mp 184.4 on I-40); northerly on FR 171 to the Transwestern Gas Pipeline; easterly along the Transwestern Gas Pipeline to FR 420 (Schultz Pass Rd.); northeasterly on FR 420 to U.S. Hwy 89; across U.S. Hwy 89 to FR 545; east on FR 545 to the Sunset Crater National Monument; easterly along the southern boundary of the Sunset Crater National Monument to FR 545; east on FR 545 to the 345 KV transmission lines 1 and 2; southeasterly along the power lines to I-40 (mp 212 on I-40); east on I-40 to mp 221.4; north to the southwest corner of the Navajo Indian Reservation boundary; northerly and westerly along the reservation boundary to the Four Corners Gas Line; southwesterly along the Four Corners Gas Line to U.S. Hwy 180; west on U.S. Hwy 180 to AZ Hwy 64; south on AZ Hwy 64 to I-40.

Unit 8 - Beginning at the junction of I-40 and AZ Hwy 89 (in Ash Fork, Exit 146); south on AZ Hwy 89 to the Verde River; easterly along the Verde River to Sycamore Creek; northerly along Sycamore Creek to Volunteer Canyon; northeasterly along Volunteer Canyon to the west boundary of Camp Navajo; north along the boundary to a point directly north of I-40; west on I-40 to AZ Hwy 89.

Unit 9 - Beginning where Cataract Creek enters the Havasupai Reservation; easterly and northerly along the Havasupai Reservation boundary to Grand Canyon National Park; easterly along the Grand Canyon National Park boundary to the Navajo Indian Reservation boundary; southerly along the reservation boundary to the Four Corners Gas Line; southwesterly along the Four Corners Gas Line to U.S. Hwy 180; westerly along U.S. Hwy 180 to AZ Hwy 64; south along AZ Hwy 64 to Airpark Rd.; west and north along Airpark Rd. to the Valle-Cataract Creek Rd.; westerly along the Valle-Cataract Creek Rd. to Cataract Creek at Island Tank; northwesterly along Cataract Creek to the Havasupai Reservation Boundary.

Unit 10 - Beginning at the junction of AZ Hwy 64 and I-40; westerly on I-40 to Crookton Rd. (AZ Hwy 66, Exit 139); westerly on AZ Hwy 66 to the Hualapai Indian Reservation boundary; northeasterly along the reservation boundary to Grand Canyon National Park; east along the park boundary to the Havasupai Indian Reservation; easterly and southerly along the reservation boundary to where Cataract Creek enters the reservation; southeasterly along Cataract Creek in Cataract Canyon to Island Tank; easterly on the Cataract Creek-Valle Rd. to Airpark Rd.; south and east along Airpark Rd. to AZ Hwy 64; south on AZ Hwy 64 to I-40.

Unit 11M - Beginning at the junction of Lake MaryClint's Well Rd (FH3) and Walnut Canyon (mp 337.5 on FH3); northeasterly along the bottom of Walnut Canyon to the Walnut Canyon National Monument boundary; northeasterly along the northern boundary of the Walnut Canyon National Monument to Walnut Canyon; northeasterly along the bottom of Walnut Canyon to I-40 (mp 210.2); east on I-40 to the 345 KV transmission lines 1&2 (mp 212 on I-40); north and northeasterly along the power line to FR 545 (Sunset Crater Rd); west along FR 545 to the Sunset Crater National Monument boundary; westerly along the southern boundary of the Sunset Crater National monument to FR 545; west on FR 545 to U.S. Hwy 89; across U.S. Hwy 89 to FR 420 (Schultz Pass Rd); southwesterly on FR 420 to the Transwestern Gas Pipeline; westerly along the Transwestern Gas Pipeline to FR 171; south on FR 171 to I-40 (mp 184.4 on I-40); east on I-40 to a point just north of the eastern boundary of the Navajo Army Depot (mp 188.5 on I-40); south along the eastern boundary of the Navajo Army Depot to the southeast corner of the Depot; southeast approximately 1/3 mile to forest road in section 33; southeasterly along that forest road to FR 231 (Woody Mountain Rd); easterly on FR 231 to FR 533; southerly on FR 533 to U.S. Hwy 89A; southerly on U.S. Hwy 89A to FR 237; northeasterly on FR 237 to Mountainaire Rd; easterly on Mountainaire Rd to FR 700; southerly on FR 700 to FR 235K; southeasterly on FR 235K to FR 235; northerly on FR 235 to FR 235A; easterly on FR 235A to FR 235; easterly on FR 235 to Priest Draw; northeasterly along the bottom of Priest Draw to FR 235; easterly on FR 235 to FR 132; southeasterly on FR 132 to FR 296A; northeasterly on FR 296A to FR 296; northeasterly on FR 296 to FR 132; northeasterly on FR 132 to FH 3; southeasterly on FH 3 to the south rim of Walnut Canyon (mp 337.5 on FH3).

Unit 12A - Beginning at the confluence of the Colorado River and South Canyon; southerly and westerly along the Colorado River to Kanab Creek; northerly along Kanab Creek to Snake Gulch; northerly, easterly, and southerly around the Kaibab National Forest boundary to South Canyon; northeasterly along South Canyon to the Colorado River.

Unit 12B - Beginning at U.S. Hwy 89A and the Kaibab National Forest boundary near mp 566; southerly and easterly along the forest boundary to Grand Canyon National Park; northeasterly along the park boundary to Glen Canyon National Recreation area; easterly along the recreation area boundary to the Colorado River; northeasterly along the Colorado River to the Arizona-Utah state line; westerly along the state line to Kanab Creek; southerly along Kanab Creek to the Kaibab National Forest boundary; northerly, easterly, and southerly along this boundary to U.S. Hwy 89A near mp 566; except those portions that are sovereign tribal lands of the Kaibab Band of Paiute Indians.

Unit 13A - Beginning on the western edge of the Hurricane Rim at the Utah state line; southerly along the western edge of the Hurricane Rim to Mohave County Rd. 5 (the Mt. Trumbull Rd.); west along Mohave County Rd. 5 to the town of Mt. Trumbull (Bundyville); south from the town of Mt. Trumbull (Bundyville) on Mohave County Rd. 257 to BLM Rd. 1045; south on BLM Rd. 1045 to where it crosses Cold Spring Wash near Cold Spring Wash Pond; south along the bottom of Cold Spring Wash to Whitmore Wash; southerly along the bottom of Whitmore Wash to the Colorado River; easterly along the Colorado River to Kanab Creek; northerly along Kanab Creek to the Utah state line; west along the Utah state line to the western edge of the Hurricane Rim; except those portions that are sovereign tribal lands of the Kaibab Band of Paiute Indians.

Unit 13B - Beginning on the western edge of the Hurricane Rim at the Utah state line; southerly along the western edge of the Hurricane Rim to Mohave County Rd. 5 (the Mt. Trumbull Rd.); west along Mohave County Rd. 5 to the town of Mt. Trumbull (Bundyville); south from the town of Mt. Trumbull (Bundyville) on Mohave County Rd. 257 to BLM Rd. 1045; south on BLM Rd. 1045 to where it crosses Cold Spring Wash near Cold Spring Wash Pond; south along the bottom of Cold Spring Wash to Whitmore Wash; southerly along the bottom of Whitmore Wash to the Colorado River; westerly along the Colorado River to the Nevada state line; north along the Nevada state line to the Utah state line; east along the Utah state line to the western edge of the Hurricane Rim.

Unit 15A - Beginning at Pearce Ferry on the Colorado River; southerly on the Pearce Ferry Rd. to Antares Rd.; southeasterly on Antares Rd. to AZ Hwy 66; easterly on AZ Hwy 66 to the Hualapai Indian Reservation; west and north along the west boundary of the reservation to the Colorado River; westerly along the Colorado River to Pearce Ferry; except those portions that are sovereign tribal lands of the Hualapai Indian Tribe.

Unit 15B - Beginning at Kingman on I-40 (Exit 48); northwesterly on U.S. Hwy 93 to Hoover Dam; north and east along the Colorado River to Pearce Ferry; southerly on the Pearce Ferry Rd. to Antares Rd.; southeasterly on Antares Rd. to AZ Hwy 66; easterly on AZ Hwy 66 to Hackberry Rd.; southerly on the Hackberry Rd. to I-40; west on I-40 to Kingman (Exit 48).

Unit 15C - Beginning at Hoover Dam; southerly along the Colorado River to AZ Hwy 68 and Davis Dam; easterly on AZ Hwy 68 to U.S. Hwy 93; northwesterly on U.S. Hwy 93 to Hoover Dam.

Unit 15D - Beginning at AZ Hwy 68 and Davis Dam; southerly along the Colorado River to I-40; east and north on I-40 to Kingman (Exit 48); northwest on U.S. Hwy 93 to AZ Hwy 68; west on AZ Hwy 68 to Davis Dam; except those portions that are sovereign tribal lands of the Fort Mohave Indian Tribe.

Unit 16A - Beginning at Kingman on I-40 (Exit 48); south and west on I-40 to U.S. Hwy 95 (Exit 9); southerly on U.S. Hwy 95 to the Bill Williams River; easterly along the Bill Williams and Santa Maria rivers to U.S. Hwy 93; north on U.S. Hwy 93 to I-40 (Exit 71); west on I-40 to Kingman (Exit 48).

Unit 16B - Beginning at I-40 on the Colorado River; southerly along the Arizona-California state line to the Bill Williams River; east along the Bill Williams River to U.S. Hwy 95; north on U.S. Hwy 95 to I-40 (Exit 9); west on I-40 to the Colorado River.

Unit 17A - Beginning at the junction of the Williamson Valley Rd. (County RD. 5) and the Camp Wood Rd. (FR 21); westerly on the Camp Wood Rd. to the west boundary of the Prescott National Forest; north along the forest boundary to the Baca Grant; east, north and west around the grant to the west boundary of the Prescott National Forest; north and east along the forest boundary to the Williamson Valley Rd. (County Rd. 5, FR 6); southerly on Williamson Valley Rd. (County Rd. 5, FR 6) to the Camp Wood Rd.

Unit 17B - Beginning at the junction of Iron Springs Rd. (County Rd. 10) and Williamson Valley Rd. (County RD. 5) in Prescott; westerly on the Prescott-Skull Valley-Hillside-Bagdad Rd. to Bagdad; northeast on the Bagdad-Camp Wood Rd. (FR 21) to the Williamson Valley Rd. (County Rd. 5, FR 6); south on the Williamson Valley Rd. (County Rd. 5, FR 6) to the Iron Springs Rd.

Unit 18A - Beginning at Seligman; westerly on AZ Hwy 66 to the Hualapai Indian Reservation; southwest and west along the reservation boundary to AZ Hwy 66; southwest on AZ Hwy 66 to the Hackberry Rd.; south on the Hackberry Rd. to I-40; west along I-40 to U.S. Hwy 93; south on U.S. Hwy 93 to Cane Springs Wash; easterly along Cane Springs Wash to the Big Sandy River; northerly along the Big Sandy River to Trout Creek; northeast along Trout Creek to the Davis Dam-Prescott power line; southeasterly along the power line to the west boundary of the Prescott National Forest; north and east along the forest boundary to the Williamson Valley Rd. (County Rd. 5, FR 6); northerly on the Williamson Valley Rd. (County Rd. 5, FR 6) to Seligman and AZ Hwy 66; except those portions that are sovereign tribal lands of the Hualapai Indian Tribe.

Unit 18B - Beginning at Bagdad; southeast on AZ Hwy 96 to the Santa Maria River; southwest along the Santa Maria River to U.S. Hwy 93; northerly on U.S. Hwy 93 to Cane Springs Wash; easterly along Cane Springs Wash to the Big Sandy River; northerly along the Big Sandy River to Trout Creek; northeasterly along Trout Creek to the Davis Dam-Prescott power line; southeasterly along the power line to the west boundary of the Prescott National Forest; south along the forest boundary to the Baca Grant; east, south and west along the forest boundary; south along the west boundary of the Prescott National Forest; to the Camp Wood-Bagdad Rd.; southwesterly on the Camp Wood-Bagdad Rd. to Bagdad; except those portions that are sovereign tribal lands of the Hualapai Indian Tribe.

Unit 19A - Beginning at AZ Hwy 69 and AZ Hwy 89 (in Prescott); northerly on AZ Hwy 89 to the Verde River; easterly along the Verde River to I-17; southwesterly on the southbound lane of I-17 to AZ Hwy 69; northwesterly on AZ Hwy 69 to AZ Hwy 89; except those portions that are sovereign tribal lands of the Yavapai-Prescott Tribe and the Yavapai-Apache Nation.

Unit 19B - Beginning at the intersection of AZ Hwy 89 and AZ Hwy 69, west on Gurley St. to Grove Ave.; north on the Grove Ave. to Miller Valley Rd.; northwest on the Miller Valley Rd. to Iron Springs Rd.; northwest on the Iron Springs Rd. to the junction of Williamson Valley Rd. and Iron Springs Rd.; northerly on the Williamson Valley-Prescott-Seligman Rd. (FR 6, Williamson Valley Rd.) to AZ Hwy 66 at Seligman; east on Crookton Rd. (AZ Hwy 66) to I-40 (Exit 139); east on I-40 to AZ Hwy 89; south on AZ Hwy 89 to the junction with AZ Hwy 69; except those portions that are sovereign tribal lands of the Yavapai-Prescott Tribe.

Unit 20A - Beginning at the intersection of AZ Hwy 89 and AZ Hwy 69; west on Gurley St. to Grove Ave.; north on Grove Ave. to Miller Valley Rd., northwest on Miller Valley Rd. to Iron Springs Rd., west and south on Iron Springs Rd. (County RD. 10) to Kirkland; southeast on Kirkland Junction RD. (AZ Hwy 89, County Rd. 15) to Kirkland Junction (AZ Hwy 89); south on AZ Hwy 89 to Wagoner Rd. (County Rd. 60); southeasterly along Wagoner Rd. to Wagoner (confluence of Hassayampa River and Blind Indian Creek); from Wagoner easterly along Wagoner Rd. (County RD. 60, FR 362) to Senator Highway (FR 52); easterly along Senator Highway to Crown King Rd. (County RD. 59, FR 529); easterly along Crown King to Antelope Creek Rd. cutoff (County RD. 179S); northeasterly along Antelope Creek Rd. cutoff to intersection of Antelope Creek Rd. (County RD. 179); northeasterly on Antelope Creek Rd. to Cordes; east on Bloody Basin Rd. to I-17 (Exit 259); north on the southbound lane of I-17 to AZ Hwy 69; northwest on AZ Hwy 69 to junction of AZ Hwy 89 at Prescott; except those portions that are sovereign tribal lands of the Yavapai-Prescott Tribe.

Unit 20B - Beginning at the Hassayampa River and U.S. Hwy 60/93 (at Wickenburg), northeasterly along the Hassayampa River to Wagoner (confluence of Hassayampa River and Blind Indian Creek); from Wagoner easterly along Wagoner Rd. (County RD. 60, FR 362) to Senator Highway (FR 52); easterly along Senator Highway (FR 52) to Crown Kind Rd. (County Rd. 59, FR 259); easterly along Crown King Rd. (County RD. 59, FR 259) to Antelope Creek Rd. cutoff (County RD. 179S); northeasterly along Antelope Creek Rd. cutoff to intersection of Antelope Creek Rd. (County RD. 179); northeasterly on Antelope Creek Rd. to Cordes; east on Bloody Basin Rd. (County RD. 73) to I-17 (Exit 259); south on the southbound lane of I-17 to New River RD. (Exit 232); west on New River RD. to AZ Hwy 74; west on AZ Hwy 74 to junction of U.S. Hwy 60/93; northwesterly on U.S. Hwy 60/93 to the Hassayampa River (at Wickenburg).

Unit 20C - Beginning at U.S. Hwy 60/93 and the Santa Maria River; northeasterly along the Santa Maria River to AZ Hwy 96; easterly on AZ Hwy 96 to Kirkland; southeast on Kirkland Junction Rd. (AZ. Hwy 96, County Rd. 15) to Kirkland Junction (U.S. Hwy 89); southeasterly along Wagoner Rd. (County RD. 60) to Wagoner (confluence of Hassayampa River and Blind Indian Creek)); from Wagoner southwesterly along the Has-sayampa River to U.S. Hwy 60/93; northwesterly on U.S. Hwy 60/93 to the Santa Maria River.

Unit 21 - Beginning on I-17 at the Verde River; southerly on the southbound lane of I-17 to the New River RD. (Exit 232); east on New River RD. to Fig Springs RD.; northeasterly on Fig Springs RD. to Mingus Rd.; Mingus Rd. to the Tonto National Forest boundary; southeasterly along this boundary to the Verde River; north along the Verde River to I-17.

Unit 22 - Beginning at the junction of the Salt and Verde Rivers; north along the Verde River to the confluence with Fossil Creek; northeasterly along Fossil Creek to Fossil Springs; southeasterly on FS trail 18 (Fossil Spring Trail) to the top of the rim; northeasterly on the rim to Nash Point on the Tonto-Coconino National Forest boundary along the Mogollon Rim; easterly along this boundary to Tonto Creek; southerly along the east fork of Tonto Creek to the spring box, north of the Tonto Creek Hatchery, and continuing southerly along Tonto Creek to the Salt River; westerly along the Salt River to the Verde River; except those portions that are sovereign tribal lands of the Tonto Apache Tribe and the Fort McDowell Yavapai Nation.

Unit 23 - Beginning at the confluence of Tonto Creek and the Salt River; northerly along Tonto Creek to the spring box, north of the Tonto Creek Hatchery, on Tonto Creek; northeasterly along the east fork of Tonto Creek to the Tonto-Sitgreaves National Forest boundary along the Mogollon Rim; east along this boundary to the White Mountain Apache Indian Reservation boundary; southerly along the reservation boundary to the Salt River; westerly along the Salt River to Tonto Creek.

Unit 24A - Beginning on AZ Hwy 177 in Superior; southeasterly on AZ Hwy 177 to the Gila River; northeasterly along the Gila River to the San Carlos Indian Reservation boundary; easterly, westerly and northerly along the reservation boundary to the Salt River; southwesterly along the Salt River to AZ Hwy 288; southerly on AZ Hwys 288 and 188 to U.S. Hwy 60; southwesterly on U.S. Hwy 60 to AZ Hwy 177.

Unit 24B - Beginning on U.S. Hwy 60 in Superior; northeasterly on U.S. Hwy 60 to AZ Hwy 188; northerly on AZ Hwys 188 and 288 to the Salt River; westerly along the Salt River to the Tonto National Forest boundary near Granite Reef Dam; southeasterly along Forest boundary to Forest Route 77 (Peralta Rd.); southwesterly on Forest Route 77 (Peralta Rd.) to U.S. Hwy 60; easterly on U.S. Hwy 60 to Superior.

Unit 25M - Beginning at the junction of 51st Ave. and I-10; west on I-10 to AZ Loop 303, northeasterly on AZ Loop 303 to I-17; north on I-17 to Carefree Hwy; east on Carefree Hwy to Cave Creek Rd.; northeasterly on Cave Creek Rd. to the Tonto National Forest boundary; easterly and southerly along the Tonto National Forest boundary to Fort McDowell Yavapai Nation boundary; northeasterly along the Fort McDowell Yavapai Nation boundary to the Verde River; southerly along the Verde River to the Salt River; southwesterly along the Salt River to the Tonto National Forest boundary; southerly along the Tonto National Forest boundary to Bush Hwy/Power Rd.; southerly on Bush Hwy/Power Rd. to AZ Loop 202; easterly, southerly, and westerly on AZ Loop 202 to the intersection of Pecos Rd. at I-10; west on Pecos Rd. to the Gila River Indian Community boundary; northwesterly along the Gila River Indian Community boundary to 51st Ave; northerly on 51st Ave to I-10; except those portions that are sovereign tribal lands.

Unit 26M - Beginning at the junction of I-17 and New River Rd. (Exit 232); southwesterly on New River Rd. to AZ Hwy 74; westerly on AZ Hwy 74 to U.S. Hwy 93; southeasterly on U.S. Hwy 93 to the Beardsley Canal; southwesterly on the Beardsley Canal to Indian School Rd.; west on Indian School Rd. to Jackrabbit Trail; south on Jackrabbit Trail to I-10 (Exit 121); west on I-10 to Oglesby Rd. (Exit 112); south on Oglesby Rd. to AZ Hwy 85; south on AZ Hwy 85 to the Gila River; northeasterly along the Gila River to the Gila River Indian Community boundary; southeasterly along the Gila River Indian Community boundary to AZ Hwy 347 (John Wayne Parkway); south on AZ Hwy 347 (John Wayne Parkway) to AZ Hwy 84; east on AZ Hwy 84 to Stanfield; south on the Stanfield-Cocklebur Rd. to the Tohono O'odham Nation boundary; easterly along the Tohono O'odham Nation boundary to Battaglia Rd.; east on Battaglia Rd. to Toltec Rd.; north on Toltec Rd. to I-10 (Exit 203); southeasterly on I-10 to AZ Hwy 87 (Exit 211); north on AZ Hwy 87 to AZ Hwy 287 north of Coolidge; east on AZ Hwy 287 to AZ Hwy 79; north on AZ Hwy 79 to U.S. Hwy 60; northwesterly on U.S. Highway 60 to Peralta Rd.; northeasterly along Peralta Rd. to the Tonto National Forest boundary; northwesterly along the Tonto National Forest boundary to the Salt River; northeasterly along the Salt River to the Verde River; northerly along the Verde River to the Tonto National Forest boundary; northwesterly along the Tonto National Forest boundary to Mingus Rd.; Mingus Rd. to Fig Springs Rd.; southwesterly on Fig Springs Rd. to New River Rd.; west on New River Rd. to I-17 (Exit 232); except Unit 25M and those portions that are sovereign tribal lands.

Unit 27 - Beginning at the New Mexico state line and AZ Hwy 78; southwest on AZ Hwy 78 to U.S. Hwy 191; north on U.S. Hwy 191 to Lower Eagle Creek Rd. (Pump Station Rd.); west on the Lower Eagle Creek Rd. (Pump Station Rd.) to Eagle Creek; north along Eagle Creek to the San Carlos Apache Indian Reservation boundary; north along the San Carlos Apache Indian Reservation boundary to Black River; northeast along Black River to the East Fork of Black River; northeast along the East Fork of Black River to Three Forks-Williams Valley-Alpine Rd. (FR 249); easterly along Three Forks-Williams Valley-Alpine Rd. to U.S. Hwy 180; southeast on U.S. Hwy 180 to the New Mexico state line; south along the New Mexico state line to AZ Hwy 78.

Unit 28 - Beginning at I-10 and the New Mexico state line; north along the state line to AZ Hwy 78; southwest on AZ Hwy 78 to U.S. Hwy 191; northwest on U.S. Hwy 191 to Clifton; westerly on the Lower Eagle Creek Rd. (Pump Station Rd.) to Eagle Creek; northerly along Eagle Creek to the San Carlos Indian Reservation boundary; southerly and west along the reservation boundary to U.S. Hwy 70; southeast on U.S. Hwy 70 to U.S. Hwy 191; south on U.S. Hwy 191 to I-10 Exit 352; easterly on I-10 to the New Mexico state line.

Unit 29 - Beginning on I-10 at the New Mexico state line; westerly on I-10 to the Bowie-Apache Pass Rd.; southerly on the Bowie-Apache Pass Rd. to AZ Hwy 186; southeast on AZ Hwy 186 to AZ Hwy 181; south on AZ Hwy 181 to the West Turkey Creek-Kuykendall cutoff road; southerly on the Kuykendall cutoff road to Rucker Canyon Rd.; easterly on the Rucker Canyon Rd. to Tex Canyon Rd.; southerly on Tex Canyon Rd. to U.S. Hwy 80; northeast on U.S. Hwy 80 to the New Mexico state line; north along the state line to I-10.

Unit 30A - Beginning at the junction of the New Mexico state line and U.S. Hwy 80; south along the state line to the U.S.-Mex-ico border; west along the border to U.S. Hwy 191; northerly on U.S. Hwy 191 to I-10 Exit 331; northeasterly on I-10 to the Bowie-Apache Pass Rd.; southerly on the Bowie-Apache Pass Rd. to AZ Hwy 186; southeasterly on AZ Hwy 186 to AZ Hwy 181; south on AZ Hwy 181 to the West Turkey Creek - Kuykendall cutoff road; southerly on the Kuykendall cutoff road to Rucker Canyon Rd.; easterly on Rucker Canyon Rd. to the Tex Canyon Rd.; southerly on Tex Canyon Rd. to U.S. Hwy 80; northeast on U.S. Hwy 80 to the New Mexico state line.

Unit 30B - Beginning at U.S. Hwy 191 and the U.S.-Mexico border; west along the border to the San Pedro River; north along the San Pedro River to I-10; northeasterly on I-10 to U.S. Hwy 191; southerly on U.S. Hwy 191 to the U.S.-Mexico border.

Unit 31 - Beginning at Willcox Exit 340 on I-10; north on Fort Grant Rd. to Brookerson Rd.; north on Brookerson Rd. to Ash Creek Rd.; west on Ash Creek Rd. to Fort Grant Rd.; north on Fort Grant Rd. to Bonita; northerly on the Bonita-Klondyke Rd. to the junction with Aravaipa Creek; west along Aravaipa Creek to AZ Hwy 77; northerly along AZ Hwy 77 to the Gila River; northeast along the Gila River to the San Carlos Indian Reservation boundary; south then east and north along the reservation boundary to U.S. Hwy 70; southeast on U.S. Hwy 70 to U.S. Hwy 191; south on U.S. Hwy 191 to the 352 exit on I-10; southwest on I-10 to Exit 340.

Unit 32 - Beginning at Willcox Exit 340 on I-10; north on Fort Grant Rd. to Brookerson Rd.; north on Brookerson Rd. to Ash Creek Rd.; west on Ash Creek Rd. to Fort Grant Rd.; north on Fort Grant Rd. to Bonita; northerly on the Bonita-Klondyke Rd. to the junction with Aravaipa Creek; west along Aravaipa Creek to AZ Hwy 77; southerly along AZ Hwy 77 to the San Pedro River; southerly along the San Pedro River to I-10; northeast on I-10 to Willcox Exit 340.

Unit 33 - Beginning at Tangerine Rd. and AZ Hwy 77; north and northeast on AZ Hwy 77 to the San Pedro River; southeast along the San Pedro River to I-10 at Benson; west on I-10 to Marsh Station Rd. (Exit 291); northwest on the Marsh Station Rd. to the Agua Verde Rd.; north on the Agua Verde Rd. to its terminus then north 1/2 mile to the Coronado National Forest boundary; north and west along the National Forest boundary; then west, north, and east along the Saguaro National Park boundary; continuing north and west along the Coronado National Forest boundary to the southern boundary of Catalina State Park; west along the southern boundary of Catalina State Park to AZ Hwy 77; north on AZ Hwy 77 to Tangerine Rd.

Unit 34A - Beginning in Nogales at I-19 and Compound St.; northeast on Grand Avenue to AZ Hwy 82; northeast on AZ Hwy 82 to AZ Hwy 83; northerly on AZ Hwy 83 to the Sahuarita Rd. alignment; west along the Sahuarita Rd. alignment to I-19 Exit 75; south on I-19 to Grand Avenue (U.S. Hwy 89).

Unit 34B - Beginning at AZ Hwy 83 and I-10 Exit 281; easterly on I-10 to the San Pedro River; south along the San Pedro River to AZ Hwy 82; westerly on AZ Hwy 82 to AZ Hwy 83; northerly on AZ Hwy 83 to I-10 Exit 281. Unit 35A - Beginning on the U.S.-Mexico border at the San Pedro River; west along the border to Lochiel Rd.; north on Lochiel Rd. to Patagonia San Rafael Rd.; north on the Patagonia San Rafael Rd. to San Rafael Valley-FS 58 Rd.; north on the San Rafael Valley-FS 58 Rd. to Christian Ln.; north on the Christian Ln. to Ranch Rd.; east and north on the Ranch Rd. to FR 799-Canelo Pass Rd.; northeasterly on the FR 799-Canelo Pass Rd. to AZ Hwy 83; northwesterly on the AZ Hwy 83 to Elgin Canelo Rd.; northeasterly on the Elgin-Canelo Rd. to Upper Elgin Rd.; north on the Upper Elgin Rd. to AZ Hwy 82; easterly on AZ Hwy 82 to the San Pedro River; south along the San Pedro River to the U.S.-Mexico border.

Unit 35B - Beginning at Grand Avenue Hwy 89 at the U.S.-Mexico border in Nogales; east along the U.S.-Mexico border to Lochiel Rd.; north on the Lochiel Rd. to Patagonia San Rafael Rd.; north on the Patagonia San Rafael Rd. to San Rafael Valley-FS 58 Rd.; north on the San Rafael Valley-FS 58 Rd. to Christian Ln.; north on the Christian Ln. to Ranch Rd.; east and north on the Ranch Rd. to FR 799-Canelo Pass Rd.; northeasterly on FR 799-Canelo Pass Rd. to AZ Hwy 83; northwesterly on the AZ Hwy 83 to Elgin Canelo Rd.; north on the Elgin Canelo Rd. to Upper Elgin Rd.; north on the Upper Elgin Rd. to AZ Hwy 82; southwest on AZ Hwy 82 to Grand Avenue; southwest on Grand Avenue to the U.S.-Mexico border.

Unit 36A - Beginning at the junction of Sandario Rd. and AZ Hwy 86; southwesterly on AZ Hwy 86 to AZ Hwy 286; southerly on AZ Hwy 286 to the Arivaca-Sasabe Rd.; southeasterly on the Arivaca-Sasabe Rd. to the town of Arivaca; from the town of Arivaca northeasterly on the Arivaca Rd. to I-19; north on I-19 to the southern boundary of the San Xavier Indian Reservation boundary; westerly and northerly along the reservation boundary to the Sandario RD. alignment; north on Sandario Rd. to AZ Hwy 86.

Unit 36B - Beginning at I-19 and Compound St.; southeasterly on Compound St. to Sonoita Ave.; north on Sonoita Ave. to Crawford St.; southeasterly on Crawford St. to Grand Avenue in Nogales; southwest on Grand Avenue to the U.S.-Mexico border; west along the U.S.-Mexico border to AZ Hwy 286; north on AZ Hwy 286 to the Arivaca-Sasabe Rd.; southeasterly on the Arivaca-Sasabe Rd. to the town of Arivaca; from the town of Arivaca northeasterly on the Arivaca Rd. to I-19; south on I-19 to Grand Avenue.

Unit 36C - Beginning at the junction of AZ Hwy 86 and AZ Hwy 286; southerly on AZ Hwy 286 to the U.S.-Mexico border; westerly along the border to the east boundary of the Tohono O'odham (Papago) Indian Reservation; northerly along the reservation boundary to AZ Hwy 86; easterly on AZ Hwy 86 to AZ Hwy 286.

Unit 37A - Beginning at the junction of I-10 and Tangerine Rd. (Exit 240); southeast on I-10 to Avra Valley Rd. (Exit 242); west on Avra Valley Rd. to Sandario Rd.; south on Sandario Rd. to AZ Hwy 86; southwest on AZ Hwy 86 to the Tohono O'odham Nation boundary; north, east, and west along this boundary to Battaglia Rd.; east on Battaglia Rd. to Toltec Rd.; north on Toltec Rd. to I-10 (Exit 203); southeast on I-10 to AZ Hwy 87 (Exit 211); north on AZ Hwy 87 to AZ Hwy 287; east on AZ Hwy 287 to AZ Hwy 79 at Florence; southeast on AZ Hwy 79 to its junction with AZ Hwy 77; south on AZ Hwy 77 to Tangerine Rd.; west on Tangerine Rd. to I-10.

Unit 37B - Beginning at the junction of AZ Hwy 79 and AZ Hwy 77; northwest on AZ Hwy 79 to U.S. Hwy 60; east on U.S. Hwy 60 to AZ Hwy 177; southeast on AZ Hwy 177 to AZ Hwy 77; southeast and southwest on AZ Hwy 77 to AZ Hwy 79.

Unit 38M - Beginning at the junction of I-10 and Tangerine Rd. (Exit 240); southeast on I-10 to Avra Valley Rd. (Exit 242); west on Avra Valley Rd. to Sandario Rd.; south on Sandario Rd. to the San Xavier Indian Reservation boundary; south and east along the reservation boundary to I-19; south on I-19 to Sahuarita Rd. (Exit 75); east on Sahuarita Rd. to AZ Hwy 83; north on AZ Hwy 83 to I-10 (Exit 281); east on I-10 to Marsh Station Rd. (Exit 291); northwest on Marsh Station Rd. to the Agua Verde Rd.; north on the Agua Verde Rd. to its terminus, then north 1/2 mile to the Coronado National Forest boundary; north and west along the National Forest boundary, then west, north, and east along the Saguaro National Park boundary; continuing north and west along the Coronado National Forest boundary to the southern boundary of Catalina State Park; west along the southern boundary of Catalina State Park to AZ Hwy 77; north on AZ Hwy 77 to Tangerine Rd.; west on Tangerine Rd. to I-10.

Unit 39 - Beginning at AZ Hwy 85 and the Gila River; east along the Gila River to the western boundary of the Gila River Indian Community; southeasterly along this boundary to AZ Hwy 347 (John Wayne Parkway); south on AZ Hwy 347 (John Wayne Parkway) to AZ Hwy 84; east on AZ Hwy 84 to Stanfield; south on the Stanfield-Cocklebur Rd. to I-8; westerly on I-8 to Exit 87; northerly on the Agua Caliente Rd. to the Hyder Rd.; northeasterly on Hyder Rd. to 555th Ave.; north on 555th Ave. to Lahman Rd.; east on Lahman Rd., which becomes Agua Caliente Rd.; northeasterly on Agua Caliente Rd. to Old Hwy 80; northeasterly on Old Hwy 80 to Arizona Hwy 85; southerly on AZ Hwy 85 to the Gila River; except those portions that are sovereign tribal lands of the Tohono O'odham Nation and the Ak-Chin Indian Community.

Unit 40A - Beginning at Ajo; southeasterly on AZ Hwy 85 to Why; southeasterly on AZ Hwy 86 to the Tohono O'odham (Papago) Indian Reservation; northerly and easterly along the reservation boundary to the Cocklebur-Stanfield Rd.; north on the Cocklebur-Stanfield Rd. to I-8; westerly on I-8 to AZ Hwy 85; southerly on AZ Hwy 85 to Ajo.

Unit 40B - Beginning at Gila Bend; westerly on I-8 to the Colorado River; southerly along the Colorado River to the Mexican border at San Luis; southeasterly along the border to the Cabeza Prieta National Wildlife Refuge; northerly, easterly and southerly around the refuge boundary to the Mexican border; southeast along the border to the Tohono O'odham (Papago) Indian Reservation; northerly along the reservation boundary to AZ Hwy 86; northwesterly on AZ Hwy 86 to AZ Hwy 85; north on AZ Hwy 85 to Gila Bend; except those portions that are sovereign tribal lands of the Cocopah Tribe.

Unit 41 - Beginning at I-8 and U.S. Hwy 95 (in Yuma); easterly on I-8 to exit 87; northerly on the Agua Caliente Rd. to the Hyder Rd.; northeasterly on Hyder Rd. to 555th Ave.; north on 555th Ave. to Lahman Rd.; east on Lahman Rd., which becomes Agua Caliente Rd.; northeasterly on Agua Caliente Rd. to Old Hwy 80; northeasterly on Old Hwy 80 to Arizona Hwy 85; northerly on AZ Hwy 85 to Oglesby Rd.; north on Oglesby Rd. to I-10; westerly on I-10 to Exit 45; southerly on Vicksburg-Kofa National Wildlife Refuge Rd. to the Refuge boundary; easterly, southerly, westerly, and northerly along the boundary to the Castle Dome Rd.; southwesterly on the Castle Dome Rd. to U.S. Hwy 95; southerly on U.S. Hwy 95 to I-8.

Unit 42 - Beginning at the junction of the Beardsley Canal and U.S. Hwy 93 (AZ 89, U.S. 60); northwesterly on U.S. Hwy 93 to AZ Hwy 71; southwesterly on AZ Hwy 71 to U.S. Hwy 60; westerly on U.S. Hwy 60 to Aguila; south on the Eagle Eye Rd. to the Salome-Hassayampa Rd.; southeasterly on the Salome-Hassayampa Rd. to I-10 (Exit 81); easterly on I-10 to Jackrabbit Trail (Exit 121); north along Jackrabbit Trail to the Indian School RD.; east along Indian School Rd. to the Beardsley Canal; northeasterly along the Beardsley Canal to U.S. Hwy 93.

Unit 43A - Beginning at U.S. Hwy 95 and the Bill Williams River; west along the Bill Williams River to the Arizona-California state line; southerly to the south end of Cibola Lake; northerly and easterly on the Cibola Lake Rd. to U.S. Hwy 95; south on U.S. Hwy 95 to the Stone Cabin-King Valley Rd. (King Rd.); east along the Stone Cabin-King Valley Rd. (King Rd.) to the west boundary of the Kofa National Wildlife Refuge; northerly along the refuge boundary to the Crystal Hill Rd. (Blevens Rd.); northwesterly on the Crystal Hill Rd. (Blevens Rd.) to U.S. Hwy 95; northerly on U.S. Hwy 95 to the Bill Williams River; except those portions that are sovereign tribal lands of the Colorado River Indian Tribes.

Unit 43B - Beginning at the south end of Cibola Lake; southerly along the Arizona-California state line to I-8; southeasterly on I-8 to U.S. Hwy 95; easterly and northerly on U.S. Hwy 95 to the Castle Dome RD.; northeast on the Castle Dome Rd. to the Kofa National Wildlife Refuge boundary; north along the refuge boundary to the Stone Cabin-King Valley Rd. (King Rd.); west along the Stone Cabin-King Valley Rd. (King Rd.) to U.S. Hwy 95; north on U.S. Hwy 95 to the Cibola Lake Rd.; west and south on the Cibola Lake Rd. to the south end of Cibola Lake; except those portions that are sovereign tribal lands of the Quec-han Tribe.

Unit 44A - Beginning at U.S. Hwy 95 and the Bill Williams River; south along U.S. Hwy 95 to AZ Hwy 72; southeasterly on AZ Hwy 72 to Vicksburg; south on the Vicksburg-Kofa National Wildlife Refuge Rd. to I-10; easterly on I-10 to the Salome-Hassayampa Rd. (Exit 81); northwesterly on the Salome-Hassayampa Rd. to Eagle Eye Rd.; northeasterly on Eagle Eye Rd. to Aguila; east on U.S. Hwy 60 to AZ Hwy 71; northeasterly on AZ Hwy 71 to U.S. Hwy 93; northwesterly on U.S. Hwy 93 to the Santa Maria River; westerly along the Santa Maria and Bill Williams rivers to U.S. Hwy 95; except those portions that are sovereign tribal lands of the Colorado River Indian Tribes.

Unit 44B - Beginning at Quartzsite; south on U.S. Hwy 95 to the Crystal Hill Rd. (Blevens Rd.); east on the Crystal Hill Rd. (Blevens Rd.) to the Kofa National Wildlife Refuge; north and east along the refuge boundary to the Vicksburg-Kofa National Wildlife Refuge Rd.; north on the Vicksburg-Kofa National Wildlife Refuge Rd. to AZ Hwy 72; northwest on AZ Hwy 72 to U.S. Hwy 95; south on U.S. Hwy 95 to Quartzsite.

Unit 45A - Beginning at the junction of the Stone Cabin-King Valley Rd. (King Rd.) and Kofa National Wildlife Refuge boundary; east on the Stone Cabin-King Valley Rd. (King Rd.) to O-O Junction; north from O-O Junction on the Kofa Mine Rd. to the Evening Star Mine; north on a line over Polaris Mountain to Midwell-Alamo Spring-Kofa Cabin Rd. (Wilbanks Rd.); north on the Midwell-Alamo Spring-Kofa Cabin Rd. (Wilbanks Rd.) to the El Paso Natural Gas Pipeline Rd.; north on a line from the junction to the north boundary of the Kofa National Wildlife Refuge; west and south on the boundary line to Stone Cabin-King Valley Rd. (King Rd.).

Unit 45B - Beginning at O-O Junction; north from O-O Junction on the Kofa Mine Rd. to the Evening Star Mine; north on a line over Polaris Mountain to Midwell-Alamo Spring-Kofa Cabin Rd. (Wilbanks Rd.); north on the Midwell-Alamo Spring-Kofa Cabin Rd. (Wilbanks Rd.) to the El Paso Natural Gas Pipeline Rd.; north on a line from the junction to the north Kofa National Wildlife Refuge boundary; east to the east refuge boundary; south and west along the Kofa National Wildlife Refuge boundary to the Stone Cabin-King Valley Rd. (Wellton-Kofa Rd./Ave 40E); north and west on the Stone Cabin-King Valley Rd. (Wellton-Kofa Rd./Ave 40E) to O-O Junction.

Unit 45C - Beginning at the junction of the Stone Cabin-King Valley Rd. (King Rd.) and Kofa National Wildlife Refuge; south, east, and north along the refuge boundary to the Stone Cabin-King Valley Rd. (King Rd.); north and west on the Stone CabinKing Valley Rd. (King Rd.) to the junction of the Stone Cabin-King Valley Rd. (King Rd.) and Kofa National Wildlife Refuge boundary.

Unit 46A - That portion of the Cabeza Prieta National Wildlife Refuge east of the Yuma-Pima County line.

Unit 46B - That portion of the Cabeza Prieta National Wildlife Refuge west of the Yuma-Pima County line.

History

• Amended as an emergency effective April 10, 1975 (Supp. 75-1). Amended effective March 5, 1976 (Supp. 76-2). Amended effective May 17, 1977 (Supp. 77-3). Amended effective September 7, 1978 (Supp. 78-5). Amended effective June 4, 1979 (Supp. 79-3). Former Section R12-4-10 renumbered as Section R12-4-108 without change effective August 13, 1981 (Supp. 81-4). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective February 4, 1993 (Supp. 93-1). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 1146, effective July 1, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 865, effective July 1, 2001 (Supp. 01-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 18 A.A.R. 1458, effective January 1, 2013 (Supp. 12-2). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-109 Approved Trapping Education Course Fee

Under A.R.S. § 17-333.02(A), the provider of an approved educational course of instruction in responsible trapping and environmental ethics may collect a fee from each participant that:

1. Is reasonable and commensurate for the course, and

2. Does not exceed $ 75.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-110 Posting and Access to State Land

A. For the purpose of this Section:

1. "Corrals," "feed lots," or "holding pens" mean completely fenced areas used to contain livestock for purposes other than grazing.

2. "Existing road" means any maintained or unmaintained road, way, highway, trail, or path that has been used for motorized vehicular travel, and clearly shows or has a history of established vehicle use, and is not currently closed by the Commission.

3. "State lands" means all land owned or held in trust by the state that is managed by the State Land Department and lands that are owned or managed by the Game and Fish Commission.

B. In addition to the prohibition against posting proscribed under A.R.S. § 17-304, a person shall not lock a gate, construct a fence, place an obstacle, or otherwise commit an act that denies legally available access to or use of any existing road upon state lands by persons lawfully taking or retrieving wildlife or conducting any activities that are within the scope of and take place while lawfully hunting or fishing.

1. A person in violation of this Section shall take immediate corrective action to remove any lock, fence, or other obstacle unlawfully preventing access to state lands.

2. If immediate corrective action is not taken, a representative of the Department may remove any unlawful posting and remove any lock, fence, or other obstacle that unlawfully prevents access to state lands.

3. In addition, the Department may take appropriate legal action to recover expenses incurred in the removal of any unlawful posting or obstacle that prevented access to state land.

C. The provisions of this Section do not allow any person to trespass upon private land to gain access to any state land.

D. A person may post state lands as closed to hunting, fishing, or trapping without further action by the Commission when the state land is within one-quarter mile of any:

1. Occupied residence, cabin, lodge, or other building; or

2. Corrals, feed lots, or holding pens containing concentrations of livestock other than for grazing purposes.

3. Subsection (D) does not authorize any person to deny lawful access to state land in any way.

E. The Commission may grant permission to lock, tear down, or remove a gate or close a road or trail that provides legally available access to state lands for persons lawfully taking wildlife or conducting any activities that are within the scope of and take place while lawfully hunting or fishing if access to such lands is provided by a reasonable alternate route.

Under R12-4-610, the Director may grant a permit to a state land lessee to temporarily lock a gate or close an existing road that provides access to state lands if the taking of wildlife will cause unreasonable interference during a critical livestock or commercial operation. This permit shall not exceed 30 days.

2. Applications for permits for more than 30 days shall be submitted to the Commission for approval.

3. If a permit is issued to temporarily close a road or gate, a copy of the permit shall be posted at the point of the closure during the period of the closure.

F. A person may post state lands other than those referenced under subsection (D) as closed to hunting, fishing, or trapping, provided the person has obtained a permit from the Commission authorizing the closure. A person possessing a permit authorizing the closure of state lands shall post signs in compliance with A.R.S. 17-304(C). The Commission may permit the closure of state land when it is necessary:

1. Because the taking of wildlife constitutes an unusual hazard to permitted users;

2. To prevent unreasonable destruction of plant life or habitat; or

3. For proper resource conservation, use, or protection, including but not limited to high fire danger, excessive interference with mineral development, developed agricultural land, or timber or livestock operations.

G. A person shall submit an application for posting state land to prohibit hunting, fishing, or trapping under subsection (F), or to close an existing road under subsection (E), as required under R12-4-610. If an application to close state land to hunting, fishing, or trapping is made by a person other than the state land lessee, the Department shall provide notice to the lessee and the State Land Commissioner before the Commission considers the application. The state land lessee or the State Land Commissioner shall file any objections with the Department, in writing, within 30 days after receipt of notice, after which the matter shall be submitted to the Commission for determination.

H. A person may use a vehicle on or off a road to pick up lawfully taken big game.

I. The closing of state land to hunting, fishing, or trapping shall not restrict any other permitted use of the land.

J. State trust land may be posted with signs that read "State Land No Trespassing," but such posting shall not prohibit access to such land by any person lawfully taking or retrieving wildlife or conducting any activities that are within the scope of and take place while lawfully hunting or fishing.

K. When hunting, fishing, or trapping on state land, a license holder shall not:

Break or remove any lock or cut any fence to gain access to state land;

2. Open and not immediately close a gate;

3. Intentionally or wantonly destroy, deface, injure, remove, or disturb any building, sign, equipment, marker, or other property;

4. Harvest or remove any vegetative or mineral resources or object of archaeological, historic, or scientific interest;

5. Appropriate, mutilate, deface, or destroy any natural feature, object of natural beauty, antiquity, or other public or private property;

6. Dig, remove, or destroy any tree or shrub;

7. Gather or collect renewable or non-renewable resources for the purpose of sale or barter unless specifically permitted or authorized by law;

8. Frighten or chase domestic livestock or wildlife, or endanger the lives or safety of others when using a motorized vehicle or other means; or

Operate a motor vehicle off road or on any road closed to the public by the Commission or landowner, except to retrieve a lawfully taken big game.

History

• Adopted effective June 1, 1977 (Supp. 77-3). Editorial correction subsection (F) (Supp. 78-5). Former Section R12-4-13 renumbered as Section R12-4-110 without change effective August 13, 1981 (Supp. 81-4). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-111 [Repealed]

History

• Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-05 renumbered as Section R12-4-111 without change effective August 13, 1981 (Supp. 81-4). Section R12-4-111 repealed effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). New Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Repealed by final rulemaking at 27 A.A.R. 1368, effective 1/1/2022.

Ariz. Admin. Code § R12-4-112 Diseased, Injured, or Chemically-immobilized Wildlife

A. The Director may authorize Department employees to condemn the carcass of lawfully taken and lawfully possessed diseased, injured, or chemically immobilized wildlife taken under any permit tag that is, in the opinion of the employee, unfit for human consumption, if the individual who took the wildlife requests it and this condition was not created by the actions of the individual who took the wildlife. A Department employee may condemn wildlife that has been chemically immobilized if the wildlife was taken during the established withdrawal period of that immobilizing drug.

B. The individual who took the wildlife shall surrender the entire condemned wildlife carcass and any parts thereof to the Department employee.

C. After condemnation and surrender of the wildlife, the Department employee shall provide written authorization to the individual who took the wildlife to purchase and use a duplicate tag. The license holder may purchase the tag from any dealer where the tag is available. The license dealer shall forward the written authorization to the Department with the report of the tag sale.

A. A person who lawfully takes and possesses wildlife believed to be diseased, injured, or chemically-immobilized may request an inspection of the wildlife carcass provided:

1. The wildlife was lawfully taken and possessed under a valid hunt permit- or nonpermit-tag, and

2. The person who took the wildlife did not create the condition.

B. The Department, after inspection, may condemn the carcass if it is determined the wildlife is unfit for human consumption. The Department shall condemn chemically-immobilized wildlife only when the wildlife was taken during the immobilizing drug's established withdrawal period.

C. The person shall surrender the entire condemned wildlife carcass and any parts thereof to the Department.

1. Upon surrender of the condemned wildlife, the Department shall provide to the person written authorization allowing the person to purchase a duplicate hunt permit- or nonpermit-tag.

2. The person may purchase a duplicate tag from any Department office or license dealer where the permit-tag is available.

D. If the duplicate tag is issued by a license dealer, the license dealer shall forward the written authorization to the Department with the report required under R12-4-105(K).

History

• Former Section R12-4-04 renumbered as Section R12-4-112 without change effective August 13, 1981 (Supp. 81-4). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016.

Ariz. Admin. Code § R12-4-113 Small Game Depredation Permit

A. The Department shall issue a small game depredation permit authorizing the take of small game and the allowable methods of take only after the Department has determined all other remedies prescribed under A.R.S. § 17-239(A), (B), and (C) have been exhausted and the take of the small game is necessary to alleviate the property damage. A small game depredation permit is:

1. A complimentary permit.

2. Not valid for the take of migratory birds unless the permit holder:

a. Obtains and possesses a federal special purpose permit under 50 CFR 21.41, revised October 1, 2014, which is incorporated by reference; or

b. Is exempt from permitting requirements under 50 CFR 21.43, revised October 1, 2014, which is incorporated by reference.

c. For subsections (A)(2)(a) and (b), the incorporated material is available at any Department office, online at www.gpoaccess.gov, or it may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by reference does not include any later amendments or editions of the incorporated material.

B. A person desiring a small game depredation permit shall submit to the Department an application requesting the permit. The application form is furnished by the Department and is available at any Department office and on the Department's website. The person shall provide all of the following information on the form:

1. Full name or, when submitted by a municipality, the name of the agency and agency contact;

2. Mailing address;

3. Telephone number or, when submitted by a municipality, agency contact number;

4. E-mail address, when available, or, when submitted by a municipality, agency contact e-mail address;

5. Description of property damage suffered;

6. Species of wildlife causing the property damage; and

Area the permit would be valid for.

C. Within 30 days of completion of the activities authorized by the small game depredation permit, the permit holder shall submit a report to the Department providing all of the following.

1. The number of individuals removed;

2. The location the individuals were removed from;

The date of the removal; and

4. The method of removal.

History

• Adopted effective August 5, 1976 (Supp. 76-4). Former Section R12-4-12 renumbered as Section R12-4-113 without change effective August 13, 1981 (Supp. 81-4). Amended as an emergency effective September 20, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-5). Amended effective May 5, 1986 (Supp. 86-3). Section R12-4-113 repealed, new Section R12-4-113 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-114 Issuance of Nonpermit-tags and Hunt Permit-tags

A. The Department provides numbered tags for sale to the public. The Department shall ensure each tag:

1. Includes a transportation and shipping permit as prescribed under A.R.S. §§ 17-332 and 17-371, and

2. Clearly identifies the wildlife for which the tag is valid.

B. If the Commission establishes a big game season for which a hunt number is not assigned, the Department or its authorized agent, or both, shall sell nonpermit-tags.

1. A person purchasing a nonpermit-tag shall provide all of the following information to a Department office or license dealer at the time of purchase; the applicant's:

a. Name,

b. Mailing address, and

c. Department identification number.

2. An applicant shall not obtain nonpermit-tags in excess of the bag limit established by Commission Order when it established the season for which the nonpermit-tags are valid.

C. If the number of hunt permits for a species in a particular hunt area must be limited, a Commission Order establishes a hunt number for that hunt area and a hunt permit-tag is required to take the species in that hunt area.

1. A person applying for a hunt permit-tag shall submit an application as described under R12-4-104.

2. The Department shall determine whether a hunt permit-tag will be issued to an applicant as follows:

a. The Department shall reserve a maximum of 20% of the hunt permit-tags for each hunt number, except as established under subsection (C)(2)(b), for bear, deer, elk, javelina, pronghorn, Sandhill crane, and turkey and reserve a maximum of 20% of the hunt permit-tags for all hunt numbers combined statewide for bighorn sheep and bison to issue to persons who have bonus points and shall issue the hunt permit-tags as established under subsection (C)(2)(c).

b. For bear, deer, elk, javelina, pronghorn, Sandhill crane, and turkey, the Department shall reserve one hunt permit-tag for any hunt number with fewer than five, but more than one, hunt permit-tags and shall issue the tag as established under subsection (C)(2)(c). When this occurs, the Department shall adjust the number of available hunt permit-tags in order to ensure the total number of hunt permit-tags available does not exceed the 20% maximum specified in subsection (C)(2)(a).

c. The Department shall issue the reserved hunt permit-tags for hunt numbers that eligible applicants designate as their first or second choices. The Department shall issue the reserved hunt permit-tags by random selection:

i. First, to eligible applicants with the highest number of bonus points for that genus;

ii. Next, if there are reserved hunt permit-tags remaining, to eligible applicants with the next highest number of bonus points for that genus; and

iii. If there are still tags remaining, to the next eligible applicants with the next highest number of bonus points; continuing in the same manner until all of the reserved tags have been issued or until there are no more applicants for that hunt number who have bonus points.

d. The Department shall ensure that all unreserved hunt permit-tags are issued by random selection:

i. First, to hunt numbers designated by eligible applicants as their first or second choices; and

ii. Next, to hunt numbers designated by eligible applicants as their third, fourth, or fifth choices.

e. Before each of the three passes listed under (C)(2)(c)(i), (ii), and (iii), each application is processed through the Department's random number generator program. A random number is assigned to each application; an additional random number is assigned to each application for each group bonus point, including the Education and Loyalty bonus points. Only the lowest random number generated for an application is used in the computer draw process. A new random number is generated for each application for each pass of the computer draw.

f. If the bag limit is more than one per calendar year, or if there are unissued hunt permit-tags remaining after the random computer draw, the Department shall ensure these hunt permit-tags are available on a first-come, first-served basis as specified in the annual hunt permit-tag application schedule.

D. A person may purchase hunt permit-tags equal to the bag limit for a genus.

1. A person shall not exceed the established bag limit for that genus.

2. A person shall not apply for any additional hunt-permit-tags if the person has reached the bag limit for that genus during the same calendar year.

3. A person who surrenders a tag in compliance with R12-4-118 is eligible to apply for another hunt permit-tag for the same genus during the same calendar year, provided the person has not reached the bag limit for that genus.

E. The Department shall make available to nonresidents:

1. For bighorn sheep and bison, no more than one hunt permit-tag or 10% of the total hunt permit-tags, whichever is greater, for bighorn sheep or bison in any computer draw. The Department shall not make available more than 50% nor more than two bighorn sheep or bison hunt permit-tags of the total in any hunt number.

2. For antlered deer, bull elk, pronghorn, Sandhill crane, or turkey, no more than 10%, rounded down to the next lowest number, of the total hunt permit-tags in any hunt number. If a hunt number for antlered deer, bull elk, pronghorn, Sandhill crane, or turkey has 10 or fewer hunt permit-tags, no more than one hunt permit-tag will be made available unless the hunt number has only one hunt permit-tag, then that tag shall only be available to a resident.

F. The Commission may, at a public meeting, increase the number of hunt permit-tags issued to nonresidents in a computer draw when necessary to meet management objectives.

G. The Department shall not issue under subsection (C)(2)(c), more than half of the hunt permit-tags made available to nonresidents under subsection (E).

H. A nonresident cap established under this Section applies to:

1. Hunt permit-tags issued by computer draw under subsections (C)(2)(c) and (d), and

2. Archery deer nonpermit-tags.

a. The number of archery deer nonpermit-tags made available to nonresidents shall be set annually at 10% of the average total archery deer nonpermit-tag sales for the preceding five years, rounded down to the nearest increment of five.

b. The Commission, through the nonpermit-tag first-come schedule published by the Department, shall designate the manner and method of purchasing a nonresident archery deer nonpermit-tag, which may require an applicant to apply online only.

c. If the Commission requires applicants to use the online method, the Department shall accept paper applications only in the event of a Department systems failure. The Director has the authority to extend the nonpermit-tag first-come schedule if a problem occurs that prevents the public from purchasing a nonpermit-tag within the deadlines set by the Commission.

History

• Adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended effective January 1, 1997; filed with the Office of the Secretary of State November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 11 A.A.R. 1183, effective May 2, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 3360, effective 11/26/2022.

Ariz. Admin. Code § R12-4-115 Restricted Nonpermit-Tags; Supplemental Hunts and Hunter Pool

A. For the purposes of this Section, the following definitions apply:

"Companion tag" means a restricted nonpermit-tag valid for a supplemental hunt prescribed by Commission Order that exactly matches the season dates and open areas of another big game hunt, for which a hunt number is assigned and hunt permit-tags are issued through the computer draw.

"Emergency season" means a season established for reasons constituting an immediate threat to the health, safety or management of wildlife or its habitat, or public health or safety.

"Management objectives" means goals, recommendations, or guidelines contained in Department or Commission-approved wildlife management plans, which include hunt guidelines, operational plans, or hunt recommendations.

"Hunter pool" means all persons who have submitted an application for a supplemental hunt.

"Restricted nonpermit-tag" means a permit limited to a season for a supplemental hunt established by the Commission for the following purposes:

Take of depredating wildlife as authorized under A.R.S. § 17-239;

Take of wildlife under an Emergency Season; or

Take of wildlife under a population management hunt if the Commission has prescribed nonpermit-tags by Commission Order for the purpose of meeting management objectives because regular seasons are not, have not been, or will not be sufficient or effective to achieve management objectives.

B. The Commission shall, by Commission Order, open a season or seasons and prescribe a maximum number of restricted nonpermittags to be made available under this Section.

C. The Department shall implement a population management hunt under the open season or seasons established under subsection (B) if the Department determines the:

1. Regular seasons have not met or will not meet management objectives;

2. Take of wildlife is necessary to meet management objectives; and

3. Issuance of a specific number of restricted nonpermit-tags is likely to meet management objectives.

D. To implement a population management hunt established by Commission Order, the Department shall:

1. Select season dates, within the range of dates listed in the Commission Order;

2. Select specific hunt areas, within the range of hunt areas listed in the Commission Order;

3. Select the legal wildlife that may be taken from the list of legal wildlife identified in the Commission Order;

4. Determine the number of restricted nonpermit-tags that will be issued from the maximum number of tags authorized in the Commission Order.

a. The Department shall not issue more restricted nonpermit-tags than the maximum number prescribed by Commission Order.

b. A restricted nonpermit-tag is valid only for the supplemental hunt for which it is issued.

E. The provisions of R12-4-104, R12-4-107, R12-4-114, and R12-4-609 do not apply to a supplemental hunt.

F. If the Department anticipates the normal fee structure will not generate adequate participation, then the Department may reduce restricted nonpermit-tag fees up to 75%, as authorized under A.R.S. § 17-239(D).

G. An applicant for a supplemental hunt shall apply at the times, locations, and in the manner and method established by the hunt permittag application schedule published by the Department and available at any Department office, on the Department's website, or a license dealer. A supplemental hunt application submitted in accordance with this Section does not invalidate any other application submitted by the person for a hunt permit-tag.

1. The Department shall not accept a group application, as defined under R12-4-104, for a restricted nonpermit-tag.

2. An applicant shall not apply for or obtain a restricted nonpermit-tag to take wildlife in excess of the bag limit established by Commission Order.

3. The issuance of a restricted nonpermit-tag does not authorize a person to exceed the bag limit established by Commission Order.

H. To participate in a supplemental hunt, a person shall:

Obtain a restricted nonpermit-tag as prescribed under this Section, and

2. Possess a valid hunting license. If the applicant does not possess a valid license or the license will expire before the supplemental hunt, the applicant shall purchase an appropriate license.

I. The Department or its authorized agent shall maintain a hunter pool for supplemental hunts other than companion tag hunts.

1. The Department shall purge and renew the hunter pool on an annual basis.

An applicant for a restricted nonpermit-tag under this subsection shall submit a hunt permit-tag application to the Department for each desired species. The application is available at any Department office, an authorized agent, or on the Department's website. The applicant shall provide all of the following information on the application:

a. The applicant's:

i. Name;

ii. Department identification number, when applicable;

iii. Mailing address;

iv. Number of years of residency immediately preceding application;

v. Date of birth;

vi. Social Security Number, as required under A.R.S. §§ 25-320(P) and 25-502(K); and

vii. Daytime and evening telephone numbers,

b. The species that the applicant would like to hunt, if selected, and

c. The applicant's hunting license number.

3. In addition to the requirements established under subsection (I)(2), at the time of application the applicant shall submit the application fee required under R12-4-102. A separate application and application fee is required for each species the applicant submits an application for.

4. When issuing a restricted nonpermit-tag, the Department or its authorized agent shall randomly select applicants from the hunter pool.

a. The Department or its authorized agent shall attempt to contact each randomly-selected applicant at least three times within a 24-hour period.

b. If an applicant cannot be contacted or is unable to participate in the supplemental hunt, the Department or its authorized agent shall return the application to the hunter pool and draw another application.

c. In compliance with subsection (D)(4), the Department or its authorized agent shall select no more applications after the number of restricted nonpermit-tags establish by Commission Order are issued.

5. The Department shall reserve a restricted nonpermit-tag for an applicant only for the period specified by the Department when contact is made with the applicant. If an applicant fails to purchase the nonpermit-tag within the specified period, the Department or its authorized agent shall:

a. Remove the person's application from the hunter pool, and

b. Offer that restricted nonpermit-tag to another person whose application is drawn from the hunter pool as established under this Section.

6. A person who participates in a supplemental hunt through the hunter pool shall be removed from the supplemental hunter pool for the genus for which the person participated. A hunter pool applicant who is selected and who wishes to participate in a supplemental hunt shall submit the following to the Department to obtain a restricted nonpermit-tag:

a. The fee for the tag as established under R12-4-102 or subsection (F) if the fee has been reduced, and

b. The applicant's hunting license number. The applicant shall possess an appropriate license that is valid at the time of the supplemental hunt. The applicant shall purchase a license at the time of application when:

i. The applicant does not possess a valid license, or

ii. The applicant's license will expire before the supplemental hunt.

7. A person who participates in a supplemental hunt shall not reapply for the hunter pool for that genus until the hunter pool is renewed.

J. The Department shall only make a companion tag available to a person who possesses a matching hunt permit-tag and not a person from the hunter pool. Authorization to issue a companion tag occurs when the Commission establishes a hunt in Commission Order under subsection (B).

1. The requirements of subsection (D) are not applicable to a companion tag issued under this subsection.

2. To obtain a companion tag under this subsection, an applicant shall submit a hunt permit-tag application to the Department. The application is available at any Department office and on the Department's website. The applicant shall provide all of the following information on the application, the applicant's:

a. Name,

b. Mailing address,

c. Department identification number, and

d. Hunt permit-tag number, to include the hunt number and permit number, corresponding with the season dates and open areas of the supplemental hunt.

3. In addition to the requirements established under subsection (J)(2), at the time of application the applicant shall:

a. Provide verification that the applicant lawfully obtained the hunt permit-tag for the hunt described under this subsection by presenting the hunt permit-tag to a Department office for verification, and

b. Submit all applicable fees required under R12-4-102.

History

• Adopted effective June 13, 1977 (Supp. 77-3). Former Section R12-4-14 renumbered as Section R12-4-115 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-115 renumbered as Section R12-4-607 without change effective December 22, 1987 (Supp. 87-4). New Section R12-4-115 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 11 A.A.R. 991, effective April 2, 2005; amended by final rulemaking at 11 A.A.R. 1177, effective May 2, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-116 Issuance of Limited-Entry Permit-tag

A. Subject to the restrictions prescribed under A.R.S. § 17-315, a person may claim a reward from the Department when the person provides information that leads to an arrest through the Operation Game Thief Program. The person who reports the unlawful activity will then become eligible to receive a reward as established under subsections (C) and (D), provided funds are available in the Wildlife Theft Prevention Fund and:

1. The person who reported the violation provides the Operation Game Thief control number issued by Department law enforcement personnel, as established under subsection (B);

2. The information provided relates to a violation of any provisions of A.R.S. Title 17, A.A.C. Title 12, Chapter 4, or federal wildlife laws enforced by and under the jurisdiction of the Department, but not on Indian Reservations;

3. The person did not first provide information during a criminal investigation or judicial proceeding; and

4. The person who reports the violation is not:

a. The person who committed the violation,

b. A peace,

c. A Department employee, or

d. An immediate family member of a Department employee.

B. The Department shall inform the person providing information regarding a wildlife violation of the procedure for claiming a reward if the information results in an arrest. The Department shall also provide the person with the control number assigned to the reported violation.

C. Reward payments for information that results in an arrest for the reported violation are as follows:

1. For cases that involve antelope, eagles, bear, bighorn sheep, buffalo, deer, elk, javelina, mountain lion, turkey, or endangered or threatened wildlife as defined under R12-4-401, $500;

2. For cases that involve wildlife that are not listed under subsection (C)(1), a minimum of $50, not to exceed $150; and

3. For cases that involve any wildlife, an additional $1,000 may be made available based on:

a. The value of the information;

b. The unusual value of the wildlife;

c. The number of individual animals taken;

d. Whether or not the person who committed the unlawful act was arrested for commercialization of wildlife; and

e. Whether or not the person who committed the unlawful act is a repeat offender.

D. If more than one person independently provides information or evidence that leads to an arrest for a violation, the Department may divide the reward payment among the persons who provided the information if the total amount of the reward payment does not exceed the maximum amount of a monetary reward established under subsections (C) or (E);

E. Notwithstanding subsection (C), the Department may offer and pay a reward up to the minimum civil damage value of the wildlife unlawfully taken, wounded or killed, or unlawfully possessed as prescribed under A.R.S. § 17-314, if the Department believes that an enhanced reward offer is merited due to the specific circumstances of the case.

A. For the purposes of this Section, limited-entry permit-tags may be for terrestrial or aquatics species, or specific areas for terrestrial or aquatic species.

B. The Commission may, by Commission Order, open a limited-entry season or seasons and prescribe a maximum number of limited-entry permit-tags to be made available under this Section.

C. The Department may implement limited-entry permit-tags under the open season or seasons established in subsection (B) if the Department determines:

1. A season for a specific terrestrial or aquatic wildlife species, or specific area of the state, is in high demand;

Issuance of a specific number of limited-entry permit-tags will not adversely affect management objectives for a species or area;

3. Surrendered hunt permit-tags, already approved by Commission Order, are available from hunts with high demand.

D. To implement a limited-entry season established by Commission Order, the Department shall:

1. Select season dates, within the range of dates listed in the Commission Order;

2. Select specific areas, within the range of areas listed in the Commission Order;

3. Select the legal wildlife that may be taken from the list of legal wildlife identified in the Commission Order;

4. Determine the number of limited-entry permit-tags that will be issued from the maximum number authorized in the Commission Order.

a. The Department shall not issue more limited-entry permit-tags than the maximum number prescribed by Commission Order.

b. A limited-entry permit-tag is valid only for the limited-entry season for which it is issued.

E. The provisions of R12-4-104, R12-4-107, R12-4-114, and R12-4-609 do not apply to limited-entry seasons.

F. A limited-entry permit-tag application submitted in accordance with this Section does not invalidate any other application submitted by the person for a hunt permit-tag.

G. The Department shall not accept a group application, as defined under R12-4-104, for a limited-entry season.

H. To participate in a limited-entry season, a person shall:

Obtain a limited-entry permit-tag as prescribed under this Section, and

2. Possess a valid hunting, fishing or combination license at the time the limited-entry permit-tag is awarded. If the applicant does not possess a valid license or the license will expire before the limited-entry season, the applicant shall purchase an appropriate license. A valid hunting, fishing or combination license is not required at the time of application.

I. A limited-entry permit-tag is valid only for the person named on the permit-tag, for the season dates on the permit-tag, and the species for which the permit-tag is issued.

1. Possession of a limited-entry permit-tag shall not invalidate any other hunt permit-tag for that species.

2. Big game taken under the authority of this limited-entry permit-tag shall not count towards the established bag limit for that species.

J. The Department shall maintain the applications submitted for limited-entry permit-tags.

1. An applicant for a limited-entry season under this subsection shall submit a limited-entry permit-tag application to the Department for each limited-entry season established. The application is available at any Department office and on the Department's website. The applicant shall provide all of the following information on the application:

a. The applicant's personal information:

i. Name,

ii. Date of birth,

iii. Social security number, as required under A.R.S. §§ 25-320(P) and 25-502(K), when applicable;

iv. Department identification number, when applicable;

v. Residency status and number of years of residency immediately preceding application, when applicable;

vi. Mailing address, when applicable;

vii. Physical address;

viii. Telephone number, when available; and

ix. Email address, when available;

b. The limited-entry season the applicant would like to participate in, and

c. Certify the information provided on the application is true and accurate.

2. In addition to the requirements established under subsection (J)(1), at the time of application the applicant shall submit the application fee required under R12-4-102. A separate application and application fee are required for each limited-entry season an applicant submits an application for.

3. When issuing a limited-entry permit-tag for a terrestrial or aquatic wildlife species, the Department shall randomly select applicants for each designated limited-entry season.

4. When issuing a limited-entry permit-tag for a particular water, the Department shall randomly select applicants for each date limited-entry permit-tags are available until no more are available for that date.

5. In compliance with subsection (D)(4), the Department shall select no more applications after the number of limited-entry permits establish by Commission Order are issued.

History

• Adopted effective January 10, 1979 (Supp. 79-1). Former Section R12-4-15 renumbered as Section R12-4-116 without change effective August 13, 1981 (Supp. 81-4). Amended effective December 18, 1985 (Supp. 85-6). Section R12-4-116 repealed, new Section R12-4-116 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-117 Indian Reservations

A state license, permit, or tag is not required to hunt or fish on any Indian reservation in this State. Wildlife lawfully taken on an Indian reservation may be transported or processed anywhere in the State if it can be identified as to species and legality as provided in A.R.S. § 17-309(A)(19). All wildlife transported anywhere in this State is subject to inspection under the provisions of A.R.S. § 17-211(E)(4).

History

• Former Section R12-4-02 renumbered as Section R12-4-117 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-117 repealed, new Section R12-4-117 adopted effective April 10, 1984 (Supp. 84-2). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by exempt rulemaking at 21 A.A.R. 2630, effective 1/2/2016.

Ariz. Admin. Code § R12-4-118 Hunt Permit-tag Surrender

A. The Commission authorizes the Department to implement a tag surrender program if the Director finds:

1. The Department has the administrative capacity to implement the program;

2. There is public interest in such a program; or

3. The tag surrender program is likely to meet the Department's revenue objectives.

B. The tag surrender program is limited to a person who has a valid and active membership in a Department membership program.

1. The Department may establish a membership program that offers a person various products and services.

2. The Department may establish different membership levels based on the type of products and services offered and set prices for each level.

a. The lowest membership level may include the option to surrender one hunt permit-tag during the membership period.

b. A higher membership level may include the option to surrender more than one hunt permit-tag during the membership period.

3. The Department may establish terms and conditions for the membership program in addition to the following:

a. Products and services to be included with each membership level.

b. Membership enrollment is available online only and requires a person to create a portal account.

c. Membership is not transferable.

d. No refund shall be made for the purchase of a membership, unless an internal processing error resulted in the collection of erroneous fees.

C. The tag surrender program is restricted to the surrender of an original, unused hunt permit-tag obtained through a computer draw.

1. A person must have a valid and active membership in the Department's membership program with at least one unredeemed tag surrender that was valid:

a. On the application deadline date for the computer draw in which the hunt permit-tag being surrendered was drawn, and

b. At the time of tag surrender.

2. A person who chooses to surrender an original, unused hunt permit-tag shall do so prior to the close of business the day before the hunt begins for which the tag is valid.

3. A person may surrender an unused hunt permit-tag for a specific species only once before any bonus points accrued for that species must be expended.

D. A person who wants to surrender an original, unused hunt permit-tag or an authorized nonprofit organization that wants to return a donated original, unused hunt permit-tag shall comply with all of the following conditions:

1. Submit a completed application form to any Department office. The application form is available at any Department office and on the Department's website. The applicant shall provide all of the following information on the application form:

a. The applicant's:

i. Name,

ii. Mailing address,

iii. Department identification number,

iv. Membership number,

b. Applicable hunt number,

c. Applicable hunt permit-tag number, and

d. Any other information required by the Department.

2. A person shall surrender the original, unused hunt permit-tag as required under subsection (C) in the manner described by the Department as indicated on the application form.

E. Upon receipt of an original, unused hunt permit-tag surrendered in compliance with this Section, the Department shall:

1. Restore the person's bonus points that were expended for the surrendered tag, and

2. Award the bonus point the person would have accrued had the person been unsuccessful in the computer draw for the surrendered tag.

3. Not refund any fees the person paid for the surrendered tag, as prohibited under A.R.S. § 17-332(E).

F. The Department may, at its sole discretion, re-issue or destroy the surrendered original, unused hunt permit-tag. When re-issuing a tag, the Department may use any of the following methods in no order of preference:

Re-issuing the surrendered tag, beginning with the highest membership level in the Department's membership program, to a person who has a valid and active membership in that membership level and who would have been next to receive a tag for that hunt number, as evidenced by the random numbers assigned during the Department's computer draw process;

2. Re-issuing the surrendered tag to a person who has a valid and active membership in any tier of the Department's membership program with a tag surrender option and who would have been next to receive a tag for that hunt number, as evidenced by the random numbers assigned during the Department's computer draw process;

3. Re-issuing the surrendered tag to an eligible person who would have been next to receive a tag for that hunt number, as evidenced by the random numbers assigned during the Department's computer draw process; or

4. Offering the surrendered tag through the first-come, first-served process.

G. For subsections (F)(1), (2), and (3); if the Department cannot contact a person qualified to receive a tag or the person declines to purchase the surrendered tag, the Department shall make a reasonable attempt to contact and offer the surrendered tag to the next person qualified to receive a tag for that hunt number based on the assigned random number during the Department's computer draw process. This process will continue until the surrendered tag is either purchased or the number of persons qualified is exhausted. For the purposes of subsections (G) and (H), the term "qualified" means a person who satisfies the conditions for re-issuing a surrendered tag as provided under the selected re-issuing method.

H. When the re-issuance of a surrendered tag involves a group application and one or more members of the group is qualified under the particular method for re-issuing the surrendered tag, the Department shall offer the surrendered tag first to the applicant designated "A" if qualified to receive a surrendered tag.

1. If applicant "A" chooses not to purchase the surrendered tag or is not qualified, the Department shall offer the surrendered tag to the applicant designated "B" if qualified to receive a surrendered tag.

2. This process shall continue with applicants "C" and then "D" until the surrendered tag is either purchased or all qualified members of the group application choose not to purchase the surrendered tag.

I. A person who receives a surrendered tag shall submit the applicable tag fee as established under R12-4-102 and provide their valid hunting license number.

1. A person receiving the surrendered tag as established under subsections (F)(1), (2), and (3) shall expend all bonus points accrued for that genus, except any accrued Education and loyalty bonus points.

2. The applicant shall possess a valid hunting license at the time of purchasing the surrendered tag and at the time of the hunt for which the surrendered tag is valid. If the person does not possess a valid license at the time the surrendered tag is offered, the applicant shall purchase a license in compliance with R12-4-104.

3. The issuance of a surrendered tag does not authorize a person to exceed the bag limit established by Commission Order.

4. It is unlawful for a person to purchase a surrendered tag when the person has reached the bag limit for that genus during the same calendar year.

J. A person is not eligible to petition the Commission under R12-4-611 for reinstatement of any expended bonus points, except as authorized under R12-4-107(M).

K. For the purposes of this Section and R12-4-121, "valid and active membership" means a paid and unexpired membership in any level of the Department's membership program.

History

• Adopted effective April 8, 1983 (Supp. 83-2). Section R12-4-118 repealed effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-119 Arizona Game and Fish Department Reserve

A. The Commission shall establish an Arizona Game and Fish Department Reserve under A.R.S. § 17-214, consisting of commissioned reserve officers and noncommissioned reserve volunteers.

B. Commissioned reserve officers shall:

1. Meet and maintain the minimum qualifications and training requirements necessary for peace officer certification by the Arizona Peace Officer Standards and Training Board as prescribed under 13 A.A.C. 4, and

2. Assist with wildlife enforcement patrols, boating enforcement patrols, off-highway vehicle enforcement patrols, special investigations, and other enforcement and related non-enforcement duties as the Director designates.

C. Noncommissioned reserve volunteers shall:

Meet qualifications that the Director determines are related to the services to be performed by the volunteer and the success or safety of the program mission, and

2. Perform any non-enforcement duties designated by the Director for the purposes of conservation and education to maximize paid staff time.

History

• Adopted effective September 29, 1983 (Supp. 83-5). Section R12-4-119 repealed, new Section R12-4-119 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 8 A.A.R. 1702, effective March 11, 2002 (Supp. 02-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016.

Ariz. Admin. Code § R12-4-120 Issuance, Sale, and Transfer of Special Big Game Tags

A. An incorporated nonprofit organization that is tax exempt under section 501(c) seeking special big game tags as authorized under A.R.S. § 17-346 shall submit a proposal to the Director of the Arizona Game and Fish Department from March 1 through May 31 preceding the year when the tags may be legally used. The proposal shall include all of the following information for each member of the organization coordinating the proposal:

1. The name of the organization making the proposal and the:

a. Name;

b. Mailing address;

c. E-mail address, when available; and

d. Telephone number;

2. Organization's previous involvement with wildlife management;

3. Organization's conservation objectives;

4. Number of special big game tags and the species requested;

5. Purpose to be served by the issuance of these tags;

6. Method or methods by which the tags will be marketed and sold;

7. Proposed fund raising plan;

8. Estimated amount of money to be raised and the rationale for that estimate;

9. Any special needs or particulars relevant to the marketing of the tags;

10. A copy of the organization's articles of incorporation and evidence that the organization has tax-exempt status under Section 501(c) of the Internal Revenue Code, unless a current and correct copy is already on file with the Department;

11. Statement that the person or organization submitting the proposal agrees to the conditions established under A.R.S. § 17-346 and this Section;

12. Printed name and signature of the president and secretary-treasurer of the organization or their equivalent; and

13. Date of signing.

B. The Director shall return to the organization any proposal that does not comply with the requirements established under A.R.S. § 17346 and this Section. Because proposals are reviewed for compliance after the May 31 deadline, an organization that receives a returned proposal cannot resubmit a corrected proposal, but may submit a proposal that complies with the requirements established under A.R.S. § 17-346 and this Section the following year.

C. The Director shall submit all timely and valid proposals to the Commission for consideration.

1. In selecting an organization, the Commission shall consider the:

a. Written proposal;

b. Proposed uses for tag proceeds;

c. Qualifications of the organization as a fund raiser;

d. Proposed fund raising plan;

e. Organization's previous involvement with wildlife management; and

f. Organization's conservation objectives.

2. The Commission may accept any proposal in whole or in part and may reject any proposal if it is in the best interest of wildlife to do so.

3. Commission approval and issuance of any special big game license-tag is contingent upon compliance with this Section.

D. A successful organization shall agree in writing to all of the following:

1. To underwrite all promotional and administrative costs to sell and transfer each special big game license-tag;

2. To transfer all proceeds to the Department within 90 days of the date that the organization sells or awards the tag;

3. To sell and transfer each special big game license-tag as described in the proposal; and

4. To provide the Department with the name, address, and physical description of each person to whom a special big game licensetag is to be issued within 60 days of the sale.

E. The Department and the successful organization shall coordinate on:

1. The specific projects or purposes identified in the proposal;

2. The arrangements for the deposit of the proceeds, the accounting procedures, and final audit; and

3. The dates when the wildlife project or purpose will be accomplished.

F. The Department shall dedicate all proceeds generated by the sale or transfer of a special big game license-tag to the management of the species for which the tag was issued.

1. A special license-tag shall not be issued until the Department receives all proceeds from the sale of tags.

2. The Department shall not refund proceeds.

G. A special big game license-tag is valid only for the person named on the tag, for the season dates on the tag, and for the species for which the tag was issued.

1. A hunting license is required for the tag to be valid.

2. Possession of a special big game license-tag shall not invalidate any other big game tag or application for any other big game tag.

3. Wildlife taken under the authority of a special big game license-tag shall not count towards the established bag limit for that species.

H. A person who wins the special big game license-tag through auction or raffle is prohibited from selling the special big game license tag to another person.

History

• Adopted effective September 22, 1983 (Supp. 83-5). Amended effective April 7, 1987 (Supp. 87-2). Correction, balance of language in subsection (I) is deleted as certified effective April 7, 1987 (Supp. 87-4). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-121 Tag Transfer

A. For the purposes of this Section:

"Authorized nonprofit organization" means a nonprofit organization approved by the Department to receive donated unused tags.

"Unused tag" means a hunt permit-tag, limited-entry permit-tag, nonpermit-tag, or special license tag that has not been attached to any wildlife.

B. A parent, grandparent, or guardian issued a hunt permit-tag, limited-entry permit-tag, nonpermit-tag, or special license tag may transfer the unused tag to the parent's, grandparent's, or guardian's minor child or grandchild.

1. A parent, grandparent, or guardian issued a tag may transfer the unused tag to a minor child or grandchild at any time prior to the end of the season for which the unused tag was issued.

2. A parent, grandparent, or guardian may transfer the unused tag by providing all of the following documentation in person at any Department office:

a. Proof of ownership of the unused tag to be transferred,

b. The unused tag, and

c. The minor's valid hunting license.

3. If a parent, grandparent, or legal guardian is deceased, the personal representative of the person's estate may transfer an unused tag to an eligible minor. The person acting as the personal representative shall present:

a. The deceased person's death certificate, and

b. Proof of the person's authority to act as the personal representative of the deceased person's estate.

4. To be eligible to receive an unused tag from a parent, grandparent, or legal guardian, the minor child shall meet the criteria established under subsection (D).

5. A minor child or grandchild receiving an unused tag from a parent, grandparent, or legal guardian shall be accompanied into the field by any grandparent, parent, or legal guardian of the minor child.

C. A person issued a tag or the person's legal representative may donate the unused tag to an authorized nonprofit organization for use by a minor child or a veteran of the Armed Forces of the United States as prescribed under A.R.S. § 17-332(D)(1).

1. The person or legal representative who donates the unused tag shall provide the authorized nonprofit organization with a written statement indicating the unused tag is voluntarily donated to the organization.

2. An authorized nonprofit organization receiving a donated tag under this subsection may transfer the unused tag to an eligible minor child or veteran by contacting any Department office.

a. To obtain a transfer, the nonprofit organization shall:

i. Provide proof of donation of the unused tag to be transferred;

ii. Provide the unused tag;

iii. Provide proof of the minor child's or veteran's valid hunting license.

b. To be eligible to receive a donated unused tag from an authorized nonprofit organization, a minor child shall meet the criteria established under subsection (D).

3. A person who donates an original, unused hunt permit-tag issued in a computer drawing to an authorized nonprofit organization may submit a request to the Department for the reinstatement of the bonus points expended for that unused tag, provided all of the following conditions are met:

a. The person has a valid and active membership in the Department's membership program with at least one unredeemed tag surrender on the application deadline date, for the computer draw in which the hunt permit-tag being surrendered was drawn, and at the time of tag surrender.

b. The person submits a completed application form as described under R12-4-118;

c. The person provides acceptable proof to the Department that the tag was transferred to an authorized nonprofit organization; and

d. The person submits the request to the Department:

i. No later than 60 days after the date on which the tag was donated to an authorized nonprofit organization; and

ii. No less than 30 days prior to the computer draw application deadline for that genus, as specified in the hunt permit-tag application schedule.

D. To receive an unused tag authorized under subsections (B) or (C), an eligible minor child shall meet the following criteria:

1. Possess a valid hunting license,

2. Has not reached the applicable annual or lifetime bag limit for that genus, and

3. Is 10 to 17 years of age on the date of the transfer. A minor child under the age of 14 shall have satisfactorily completed a Department-sanctioned hunter education course before the beginning date of the hunt.

E. To receive an unused tag authorized under subsection (C), an eligible veteran of the Armed Forces of the United States with a service-connected disability shall meet the following criteria:

1. Possess a valid hunting license, and

2. Has not reached the applicable annual or lifetime bag limit for that genus.

F. A person who is eligible to receive an unused tag under this Section may receive any number of unused tags in a calendar year provided the person:

1. Has not reached the applicable annual or lifetime bag limit for that genus; and

2. Does not possess a valid permit tag for that genus.

F. G. A nonprofit organization is eligible to apply for authorization to receive a donated unused tag, provided the nonprofit organization:

1. Is qualified under section 501(c)(3) of the United States Internal Revenue Code, and

2. Affords opportunities and experiences to:

a. Children with life-threatening medical conditions or physical disabilities;

b. Children whose parent was killed in action while serving in the U.S. Armed Forces, in the course and scope of employment as a peace officer; or in the course and scope of employment as a professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department; or

c. Veterans with service-connected disabilities.

3. This authorization shall remain in effect unless revoked by the Department for noncompliance with the requirements established under A.R.S. § 17-332 or this Section.

4. A nonprofit organization shall apply for authorization by submitting an application to any Department office. The application form is furnished by the Department and is available at any Department office. A nonprofit organization shall provide all of the following information on the application:

a. Nonprofit organization's information:

i. Name,

ii. Physical address,

iii. Telephone number;

b. Contact information for the person responsible for ensuring compliance with this Section:

i. Name,

ii. Address,

iii. Telephone number;

c. Signature of the president and secretary-treasurer of the organization or their equivalents; and

d. Date of signing.

5. In addition to the application, a nonprofit organization shall provide all of the following:

a. A copy of the organization's articles of incorporation and evidence that the organization has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, unless a current and correct copy is already on file with the Department;

b. Document identifying the organization's mission;

c. A letter stating how the organization will participate in the Big Game Tag Transfer program; and

d. A statement that the person or organization submitting the application agrees to the conditions established under A.R.S. § 17-332 and this Section.

6. An applicant who is denied authorization to receive donated tags under this Section may appeal to the Commission as provided under A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted effective October 10, 1986, filed September 25, 1986 (Supp. 86-5). Rule expired one year from effective date of October 10, 1986. Rule readopted without change for one year effective January 22, 1988, filed January 7, 1988 (Supp. 88-1). Rule expired effective January 22, 1989 (Supp. 89-1). New Section R12-4-121 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Repealed effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). New Section made by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 18 A.A.R. 1195, effective June 30, 2012 (Supp. 12-2). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Ariz. Admin. Code § R12-4-122 Handling, Transporting, Processing, and Storing of Game Meat Given to Public Institutions and Charitable Organizations

A. Under A.R.S. § 17-240 and this Section, the Department may donate the following wildlife, except that the Department shall not donate any portion of wildlife killed in a collision with a motor vehicle or wildlife that died subsequent to immobilization by any chemical agent:

1. Big game;

2. Upland game birds;

3. Migratory game birds;

4. Game fish.

B. The Director shall not authorize an employee to handle game meat for the purpose of this Section until the employee has satisfactorily completed a course designed to give the employee the expertise necessary to protect game meat recipients from diseased or unwholesome meat products. A Department employee shall complete a course that is either conducted or approved by the State Veterinarian. The employee shall provide a copy of a certificate that demonstrates satisfactory completion of the course to the Director.

C. Only an employee authorized by the Director shall determine if game meat is safe and appropriate for donation. An authorized Department employee shall inspect and field dress each donated carcass before transporting it. The Department shall not retain the game meat in storage for more than 48 continuous hours before transporting it, and shall reinspect the game meat for wholesomeness before final delivery to the recipient.

D. Final processing and storage is the responsibility of the recipient.

History

• Adopted effective August 6, 1991 (Supp. 91-3). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-123 Expenditure of Funds

A. The Director may expend funds available through appropriations, licenses, gifts, or other sources, in compliance with applicable laws and rules, and:

1. For purposes designated by lawful Commission agreements and Department guidelines;

2. In agreement with budgets approved by the Commission;

3. In agreement with budgets appropriated by the legislature;

4. With regard to a gift, for purposes designated by the donor, the Director shall expend undesignated donations for a public purpose in furtherance of the Department's responsibilities and duties.

B. The Director shall ensure that the Department implements internal management controls to comply with subsection (A) and to deter unlawful use or expenditure of funds.

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1).

Ariz. Admin. Code § R12-4-124 Proof of Domicile

A. An applicant may be required to present acceptable proof of domicile in Arizona to the Department upon request. For the purposes of this rule, "current address" means the address an applicant inhabits at the time of application for any license, permit, stamp, or tag offered by the Department.

B. Acceptable proof of domicile establishes a person's true, fixed, and permanent home and principal residence. Acceptable proof to aid in establishing a person's domicile in Arizona may include, but is not limited to, one or more of the following lawfully obtained documents:

1. Arizona Driver's License displaying a current address;

2. Arizona Resident State Income Tax Return filing;

3. Arizona school records containing satisfactory proof of identity and relationship of the parent or guardian to the minor child, when applicable;

4. Arizona Voter Registration Card displaying a current address;

5. Certified copy of an Arizona court order such as an order of probation, parole, or mandatory release;

6. 5. Selective Service Registration Acknowledgement Card displaying a current address in Arizona;

7. 6. Social Security Administration document indicating an address in Arizona; or

8. 7. Current document or order issued by the U.S. military to an active-duty military service member identifying Arizona as state of legal residence or duty station.

C. In the event one of the documents listed under subsection (B) alone is not sufficient proof of domicile, additional documents may be required.

History

• Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-125 Public Solicitation or Event on Department Property

A. In addition to the definitions provided under A.R.S. § 17-101, the following definitions apply to this Section, unless otherwise specified:

"Applicant" means a person who submits to the Department an application to conduct a solicitation or event on Department property.

"Certificate of insurance" means an official document issued by the solicitor's or event organizer's insurance carrier providing coverage for the solicitor or event organizer for general commercial, professional, workers compensation, auto, real, and personal property liability coverage determined by the Department as adequate for the solicitation or event activities.

"Department property" means those buildings or grounds under the jurisdiction of the Arizona Game and Fish Commission.

"Person" has the meaning as provided under A.R.S. § 1-215 .

"Solicitation" means any activity that may be considered or interpreted as promoting, selling, or transferring products, services, memberships, or causes, or for participation in an event or activity of any kind, including organizational, educational, public affairs, or protest activities, including the distribution or posting of advertising, handbills, leaflets, circulars, posters, or other printed materials for these purposes.

"Solicitation material" means advertising, circulars, flyers, handbills, leaflets, posters, or other printed information.

"Solicitor" means the person or persons conducting a solicitation or event.

"Work-site" means any location on Department property where employees conduct the daily business of the Department, including eating areas and break rooms.

B. A. All Department buildings, properties, and wildlife areas are designated non-public forums and are closed to all solicitations and events unless permitted by the Department.

1. Conduct partisan political activity on Department property or in Department work-sites.

2. Post solicitation material on Department property without express written permission from the Department.

3. Schedule or conduct a solicitation or event on state property without express written permission from the Department.

B. A solicitation or event on Department property shall not:

1. Conflict with the Department's mission; or

2. Constitute partisan political activity, the activity of a political campaign, or influence in any way an election or the results thereof.

C. A request for permission to conduct a solicitation or event on Department property shall be directed to the responsible Regional Supervisor or Branch Chief who shall initially determine whether an application is required for the solicitation or event.

C. D. If it is determined that an application is required, the person may apply for a solicitation or event permit by submitting a completed solicitation or event application to any Department office or Department Headquarters, Director's Office, at 5000 W. Carefree Hwy, Phoenix, AZ 85086. The application form is furnished by the Department and available at all Department offices.

1. An applicant shall submit an application:

a. Not more than six months prior to the solicitation or event; and

a. b. Not less than 14 days prior to the desired date of the solicitation or event for solicitations other than the posting of advertising, handbills, leaflets, circulars, posters, or other printed materials; or

b. c. Not less than 10 days prior to the desired date of the solicitation or event for solicitations involving only the posting of advertising, handbills, leaflets, circulars, posters, or other printed materials.

3. 2. An applicant shall provide all of the following information on the application:

a. Sponsor's name, address, and telephone number;

b. Sponsor's e-mail address, when available;

c. Contact person's name and telephone number, when the sponsor is an organization;

d. Proposed date of the solicitation or event;

e. Specific, proposed location for the solicitation or event;

f. Starting and approximate concluding times;

g. General description of the solicitation or event's purpose;

h. Anticipated number of attendees, when applicable;

i. Amount of fees to be charged to attendees, when applicable;

j. Detailed description of any activity that will occur at the solicitation or event, including a detailed map of the solicitation or event and any equipment that will be used, e.g., tents, tables, etc.;

k. Copies of any solicitation materials to be distributed to the public or to be posted on Department property;

l. Copy of a current and valid license issued by the Arizona Department of Liquor Licenses and Control, required when the applicant intends to sell alcohol at the solicitation or event; and

m. The contact person's signature and date. The person's signature on the application certifies that the sponsor:

a. i. Assumes risk of injury to persons or property;

b. ii. Agrees to hold harmless the state of Arizona, its officials, Departments, employees, and agents against all claims arising from the use of Department facilities;

c. iii. Assumes responsibility for any damages or clean-up costs due to the solicitation or event, solicitation or event cleanup, or solicitation or event damage repair; and

d.

iv. Agrees to surrender the premises in a clean and orderly condition.

5. An applicant who is required to provide insurance for a solicitation or event shall list the state of Arizona and the Arizona Game and Fish Department as additional insured entities.

D. E. The Department may take any of the following actions to the extent necessary and in the best interest of the State:

1. Require the sponsor to furnish all necessary labor, material, and equipment for the solicitation or event;

1. 2. Require the sponsor to post a deposit against damage and cleanup expense;

Require indemnification of the state of Arizona, its Departments, agencies, officers, and employees;

2. 4. Require the sponsor to carry adequate insurance and provide certificates of insurance to the Department not less than ten business days before the solicitation or event. A certificate of insurance for a solicitation or event shall name the state of Arizona, its Departments, agencies, boards, commissions, officers, agents, and employees as additional insureds;

5. Require the sponsor to enter into written agreements with any vendors and subcontractors and require vendors and subcontractors to provide certificates of insurance to the Department not less than ten business days before the solicitation or event. A certificate of insurance for a solicitation or event shall name the state of Arizona, its Departments, agencies, boards, commissions, officers, agents, and employees as additional insureds;

3. 6. Require the sponsor to provide medical support, security, and sanitary services, including public restrooms; and

4. 7. Impose additional conditions not otherwise specified under this Section on the conduct of the solicitation or event.

E. F. The Department may consider the following criteria when determining whether any of the actions in subsection (E) are necessary and in the best interest of the state:

1. Previous experience with similar solicitations or events;

2. Deposits required for similar solicitations or events in Arizona;

3. Risk data; and

4. Medical, sanitary, and security services required for similar solicitations or events in Arizona and the cost of those services

5. The applicant's ability to pay a deposit, an insurance premium, or a service provider.

F. The Department shall not provide insurance or guarantee against damage to equipment or personal property of any person using Department property for a solicitation or event.

G. The Department shall designate the hours of use for Department property.

H. The Department shall inspect the solicitation or event site at the conclusion of activities and document any damage or cleanup costs incurred because of the solicitation or event. The sponsor shall be responsible for any cleanup or damage costs associated with the solicitation or event.

I. The sponsor shall not allow, without the express written permission of the Department, the possession, use, or consumption of alcoholic beverages at the solicitation or event site. When the Department provides written permission for the possession, use, or consumption of alcoholic beverages at the solicitation or event site, the sponsor shall provide to the Department:

1. A copy of a current and valid license issued by the Arizona Department of Liquor Licenses and Control to the sponsor and vendor, required when the applicant intends to sell alcohol at the solicitation or event; and

2. A liquor liability rider, included with the insurance certificate required under subsection (E)(4).

J. The sponsor shall not allow unlawful possession or use of drugs at the solicitation or event site.

J. K. The Department shall deny an application for any of the following reasons:

1. The solicitation or event interferes with the work of an employee or the daily business of the Department;

2. The solicitation or event conflicts with the time, place, manner, or duration of other approved or pending solicitations or events;

3. The content of the solicitation or event conflicts with or is unrelated to the Department's activities or its mission;

4. The solicitation or event presents a risk of injury or illness to persons or risk of damage to property;

5. The sponsor cannot demonstrate adequate compliance with applicable local, state, or federal laws, ordinances, codes, or regulations, or

5. 6. The sponsor has not complied with the requirements of the application process or this Section.

L. At all times, the Department reserves the right to immediately remove or cause to be removed all obstructions or other hazards of the solicitation or event that could damage state property, inhibit egress, or poses a safety risk. The Department also reserves the right to immediately remove or cause to be removed any person damaging state property, inhibiting egress, or posing a threat to public health and safety.

K. M. The Department may revoke approval of a solicitation or event due to emergency circumstances or for failure to comply with this Section.

L. N. The Department shall send written notice of the denial or revocation of an approved permit. The notice shall contain

1. the reason for the denial or revocation

2. The applicant's right to seek a hearing under A.R.S. § 41-1092 et seq.

M. O. A sponsor:

1. Is liable to the Department for damage to Department property and any expense arising out of the sponsor's use of Department property.

N. 2. Shall post solicitation material only in designated posting areas.

O. A solicitor or event organizer is liable to the Department for damage to Department property and any expense arising out of the solicitor's or event organizer's use of Department property.

P. 3. Shall ensure that a solicitation or event on Department property causes the minimum infringement of use to the public and government operation.

4. Shall modify or terminate a solicitation or event, upon request by the Department, if the Department determines that the solicitation or event unacceptably infringes on the Department's operations or causes an unacceptable risk of liability exposure to the State.

Q. P. When conducting an event on Department property, a sponsor shall:

1. Park or direct vehicles in designated parking areas.

2. Obey all posted requirements and restrictions.

Designate one person to act as a monitor for every 50 persons anticipated to attend the solicitation or event. The monitor shall act as a contact person for the Department for the purposes of the solicitation or event.

4. Ensure that all safety standards, guidelines, and requirements are followed.

5. Implement additional safety requirements upon request by the Department.

Ensure all obstructions and hazards are eliminated.

7. Ensure trash and waste is properly disposed of throughout the solicitation or event.

R. At all times, the Department reserves the right to immediately remove or cause to be removed all items of the solicitation or event that could damage state property, inhibit egress, or poses a safety issue. The Department also reserves the right to immediately remove or cause to be removed all solicitors, event organizers, or attendees damaging state property, inhibiting egress, or posing a threat to public health and safety.

S. Q. The Department shall revoke or terminate the solicitation or event if a sponsor fails to comply with a Department request or any one of the following minimum safety requirements:

1. All solicitation or event activities shall comply with all applicable federal, state, and local laws, ordinances, codes, statues, rules, and regulations.

2. The layout of the solicitation or event shall ensure that emergency vehicles will have access at all times.

3. The Department may conduct periodic safety checks throughout the solicitation or event.

T. R. This Section does not apply to government agencies.

History

• New Section made by emergency rulemaking at 10 A.A.R. 4777, effective November 4, 2004 for 180 days (Supp. 04-4). Emergency expired (05-2). Amended and Renumbered from R12-4-804 by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016.

Ariz. Admin. Code § R12-4-126 Reward Payments

A. Subject to the restrictions prescribed under A.R.S. § 17-315, a person may claim a reward from the Department when the person provides information that leads to an arrest through the Operation Game Thief Program. The person who reports the unlawful activity will then become eligible to receive a reward as established under subsections (C) and (D), provided funds are available in the Wildlife Theft Prevention Fund and:

1. The person who reported the violation provides the Operation Game Thief control number issued by Department law enforcement personnel, as established under subsection (B);

2. The information provided relates to a violation of any provisions of A.R.S. Title 17, A.A.C. Title 12, Chapter 4, or federal wildlife laws enforced by and under the jurisdiction of the Department, but not on Indian Reservations;

The person did not first provide information during a criminal investigation or judicial proceeding; and

4. The person who reports the violation is not:

a. The person who committed the violation;

b. A peace officer, including wildlife managers and game rangers;

c. A Department employee; or

d. An immediate family member of a Department employee.

B. The Department shall inform the person providing information regarding a wildlife violation of the procedure for claiming a reward if the information results in an arrest. The Department shall also provide the person with the control number assigned to the reported violation.

C. Reward payments for information that results in an arrest for the reported violation are as follows:

1. For cases that involve eagles, bear, bighorn sheep, bison, deer, elk, javelina, mountain lion, pronghorn, turkey, or endangered or threatened wildlife as defined under R12-4-401, $500, to be increased by an additional amount of at least $50, but not to exceed $500, when vandalism impacting recreational access or wildlife habitat is also involved;

2. For cases that involve wildlife that are not listed under subsection (C)(1), a minimum of $50, not to exceed $150, to be increased by an additional amount of at least $50, but not to exceed $500, when vandalism impacting recreational access or wildlife habitat is also involved; and

For cases that involve any wildlife and damage to wildlife habitat, an additional $1,000 may be made available based on:

a. The value of the information;

b. The unusual value of the wildlife;

c. The number of individuals taken;

d. Whether or not the person who committed the unlawful act was arrested for commercialization of wildlife; and

e. Whether or not the person who committed the unlawful act is a repeat offender.

D. If more than one person independently provides information or evidence that leads to an arrest for a violation, the Department may divide the reward payment among the persons who provided the information if the total amount of the reward payment does not exceed the maximum amount of a monetary reward established under subsections (C) or (E);

E. Notwithstanding subsection (C), the Department may offer and pay a reward up to the minimum civil damage value of the wildlife unlawfully taken, wounded or killed, or unlawfully possessed as prescribed under A.R.S. § 17-314, if the Department believes that an enhanced reward offer is merited due to the specific circumstances of the case.

History

• Renumbered from R12-4-116 as final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-127 Civil Liability for Loss of Wildlife

A. In order to compensate the state for the value of lost or injured wildlife, the Commission may, pursuant to A.R.S. § 17-314, impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing wildlife. Any civil penalties so imposed shall be equal to or greater than the applicable statutory-minimum sums found in A.R.S. § 17-314(A). The Commission may impose a civil penalty above the statutory-minimum sums where it has determined that the value of the lost or injured wildlife exceeds the statutory-minimum sums.

B. The Commission shall annually establish the value of lost or injured wildlife using objective and measurable economic criteria. When doing so, the Commission may consider objective economic criteria recommended by the Department or any other person.

C. The Department shall recommend the value of lost or injured wildlife to the Commission by aggregating the following objective and measurable economic factors:

1. The average dollar amount spent by an individual hunter in pursuit of the same species. This amount shall be calculated using information from the most recent National Survey of Fishing, Hunting and Wildlife-Associated Recreation conducted by the U.S. Fish and Wildlife Service and measures hunting and fishing expenditures, in combination with hunter harvest data gathered by the Department. This information shall be available on the Department's website.

2. The average dollar amount spent by an individual in an effort to view wildlife. This amount shall be calculated using information from the most recent National Survey of Fishing, Hunting and Wildlife-Associated Recreation conducted by the U.S. Fish and Wildlife Service and measures wildlife viewing expenditures, in combination with hunter harvest data gathered by the Department. This information shall be available on the Department's website.

3. The average body weight in pounds of meat for the unlawfully taken or possessed species multiplied by the average price per pound of ground meat for that same species or a similar species. Average body weight in pounds of meat shall be calculated using the average body weight for the wildlife taken, minus 30% of the average weight to account for the weight of the head, hide, offal, and bone.

4. When new data is not available, the Department may use Consumer Price Index (CPI) calculations to update the above factors in terms of U.S. dollars.

D. The Department shall recommend the value of lost aquatic wildlife to the Commission by aggregating the following objective and measurable economic factors:

The average dollar amount spent by an individual angler in pursuit of the same species. This amount shall be calculated using information from the most recent Arizona Anglers' Expenditures and the Economic Impact of Fishing in the State which measures fishing expenditures, in combination with angler harvest data gathered by the Department. This information shall be available on the Department's website.

2. The average body weight in pounds of aquatic meat for the unlawfully taken or possessed species multiplied by the average price per pound of aquatic meat for that same species or a similar species. Average body weight in pounds of aquatic meat shall be calculated using the average body weight for the wildlife taken, minus 40% of the average weight to account for the weight of the head, entrails, and fins.

3. Recommended values based on current market to cover hatchery expenses per fish, which includes the cost to purchase, raise, feed, transport and release wildlife.

D. E. The most recent wildlife values established by the Commission shall be available on the Department's website.

History

• Adopted by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 31 A.A.R. 1442, effective 6/9/2025.

Article 2 LICENSES; PERMITS; STAMPS; TAGS

Ariz. Admin. Code § R12-4-201 Pioneer License

A. A pioneer license grants all of the hunting and fishing privileges of a combination hunting and fishing license. The pioneer license is only available at a Department office.

B. The pioneer license is a complimentary license and is valid for the license holder's lifetime. The license remains valid if the licensee subsequently resides outside of this state.

1. A licensee who resides outside of Arizona shall submit the nonresident fee to purchase any required hunt permit-tag, nonpermittag, or stamp to hunt and fish in this state.

2. Limits established under R12-4-114 for nonresident hunt permit-tags and nonpermit-tags do not apply to a pioneer license holder.

C. A person who is age 70 or older and has been a resident of Arizona for at least 25 consecutive years immediately preceding application may apply for a pioneer license by submitting an application to the Department. The application form is furnished by the Department and is available at any Department office and on the Department's website. A pioneer license applicant shall provide all of the following information on the application:

The applicant's personal information:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

Affirmation that:

a. The applicant is 70 years of age or older and has been a resident of this state for 25 or more consecutive years immediately preceding application for the license; and

b. The information provided on the application is true and accurate.

3. Applicant's signature and date.

D. In addition to the requirements listed under subsection (C), an applicant for a pioneer license shall also submit a copy of any one of the following documents at the time of application:

1. Valid U.S. passport;

2. Applicant's birth certificate;

3. Valid government-issued driver's license; or

4. Valid government-issued identification card.

E. All information and documentation provided by the applicant is subject to Department verification.

F. The Department shall deny a pioneer license when the applicant:

1. Fails to meet the criteria prescribed under A.R.S. § 17-336(A)(1),

2. Fails to comply with this Section, or

3. Provides false information on the application.

G. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Ch 6, Article 10.

H. A pioneer license holder may request a no-fee duplicate of the paper license provided:

1. The license was lost or destroyed;

2. The license holder submits a written request to the Department for a no-fee duplicate paper license; and

3. The Department's records indicate a pioneer license was previously issued to that person.

I. A person issued a pioneer license prior to January 1, 2014 shall be entitled to the privileges established under subsection (A).

History

• Former Section R12-4-31 renumbered as Section R12-4-201 without change effective August 13, 1981. New Section R12-4-201 amended effective August 31, 1981 (Supp. 81-4). Amended subsection (B) effective December 9, 1985 (Supp. 85-6). Amended subsections (D) and (E), and changed application for a Pioneer License effective September 24, 1986 (Supp. 86-5). Former Section repealed, new Section adopted effective December 22, 1989 (Supp. 89-4). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 3360, effective 11/26/2022.

Ariz. Admin. Code § R12-4-202 Complimentary and Reduced-fee Disabled Veteran's License; Reduced-fee Purple Heart Medal License

A. The complimentary and reduced-fee disabled veteran's licenses and Purple Heart Medal license grant all of the hunting and fishing privileges of a combination hunting and fishing license. The disabled veteran's and Purple Heart Medal license are only available at a Department office.

B. The Department offers three types of veteran's licenses:

1. A complimentary license to a disabled veteran who receives compensation from the U.S. government for a permanent service-connected disability rated as 100% disabling.

a. The complimentary license is valid for either a three-year period from the issue date or the license holder's lifetime.

b. If the certification or benefits letter required under subsection (D)(1) indicate the applicant's disability rating of 100% is permanent and:

i. Will not be reevaluated, the disabled veteran's license shall be valid for the license holder's lifetime.

ii. Will be reevaluated in three years, the disabled veteran's license will expire three years from the date of issuance.

b. c. Eligibility for the complimentary disabled veteran's license is based on the disability rating, not on the compensation received by the veteran.

c. d. An applicant for a complimentary disabled veteran's license shall have been a resident of Arizona for at least one year immediately preceding application.

2. A reduced-fee license to a disabled veteran who is a resident as defined under A.R.S. § 17-101 and who is receiving compensation from the U.S. government for a service-connected disability.

a. The reduced-fee license is valid for one year from the date of purchase or selected start date provided the date selected is no more than 60 calendar days from and after the date of purchase.

b. The applicant shall pay the fee required under R12-4-102.

3. A reduced-fee license to a person who submits satisfactory proof to the Department that the person is a bona fide Purple Heart Medal recipient.

a. The reduced-fee license is valid for one year from the date of purchase or selected start date provided the date selected is no more than 60 calendar days from and after the date of purchase.

b. An applicant for a reduced-fee Purple Heart Medal license shall have been a resident of Arizona for at least one year immediately preceding application.

C. A person applying for a disabled veteran's or Purple Heart Medal license shall submit an application to the Department. The application form is furnished by the Department and available at any Department office and on the Department's website. The applicant shall provide all of the following information on the application:

1. The applicant's personal information:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

Affirmation that:

a. The applicant meets the eligibility requirements prescribed under A.R.S. § 17-333(C)(2), (C)(3), or (C)(4),

b. The applicant has been a resident of this state for at least one year immediately preceding application for the license,

c. The applicant is a veteran of the Armed Forces of the U.S. and meets the resident requirements prescribed under A.R.S. § 17-101, as applicable, and

d. c. The information provided on the application is true and accurate.

3. Applicant's signature and date.

D. In addition to the requirements established under subsection (B), an applicant for a veteran's license shall, at the time of application, certify eligibility for the license by submitting:

1. For a complimentary or reduced-fee disabled veterans license issued under A.R.S. § 17-333(C)(2) or (C)(3) respectively, an original or facsimile DD-214, certification form, or a benefits letter issued by the U.S. Department of Veteran's Affairs (DVA) or obtained from the DVA website that meets the requirements specified in subsections (B)(1) and (B)(2). The certification form is furnished by the Department and is available at any Department office and on the Department's website. The certification shall be completed and signed by an agent of the U.S. Department of Veteran's Affairs.

2. For a Purple Heart Medal license issued under A.R.S. § 17-333(C)(4), an original or facsimile DD-214 or DD-215, service records showing the award, military orders of the award, or other military discharge document such as WD AGO Form. The actual Purple Heart Medal or a certificate of award will not suffice alone for verification purposes.

E. If the certification or benefits letter required under subsection (D)(1) indicate the applicant's disability rating of 100% is permanent and:

1. Will not be reevaluated, the disabled veteran's license shall be valid for the license holder's lifetime.

2. Will be reevaluated in three years, the disabled veteran's license will expire three years from the date of issuance.

F. E. All information and documentation provided by the applicant is subject to Department verification. The Department shall return the original or certified copy of a document to the applicant after verification.

G. F. The Department shall deny a disabled veteran's or Purple Heart Medal license when the applicant:

1. Fails to meet the criteria prescribed under A.R.S. § 17-333(C)(2), (C)(3), or (C)(4),

2. Fails to comply with the requirements of this Section, or

3. Provides false information during the application process.

H. G. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. H. A complimentary disabled veteran's license holder may request a no-fee duplicate paper license provided:

1. The license was lost or destroyed,

2. The license holder submits a written request to the Department for a duplicate license, and

3. The Department's records indicate a disabled veteran's license was previously issued to that person.

J. I. A person issued a disabled veteran's license prior to January 1, 2014 shall be entitled to the privileges established under subsection (A).

K. J. For the purposes of this Section:

1. "Disabled veteran" means a veteran of the armed forces of the U.S. with a service connected disability.

2. "Veteran" means a person who has served in the U.S. armed forces.

History

• Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 21 A.A.R. 2550, effective 12/5/2015. Amended by final exempt rulemaking at 27 A.A.R. 1076, effective 8/21/2021. Amended by final exempt rulemaking at 28 A.A.R. 3355, effective 9/26/2022.

Ariz. Admin. Code § R12-4-203 National Harvest Information Program (HIP); State Waterfowl and Migratory Bird Stamp

A All state fish and wildlife agencies are required to obtain data to assess the harvest of migratory game birds in compliance with the federally mandated National Harvest Information Program administered by the United States Fish and Wildlife Service in accordance with 50 C.F.R. Part 20 .

1. If the individual is taking ducks, geese, or swans, the individual shall possess an Arizona state waterfowl stamp, as prescribed in R12-4-101, and a current, valid federal waterfowl stamp that accompanies a valid Arizona hunting license. The state waterfowl stamp expires on June 30 of each year, except for stamps purchased under Class M and N licenses, which expire on December 31 of each year.

2. If the individual is taking doves, band-tailed pigeons, snipe, coots, or common moorhen, the individual shall possess an Arizona state migratory bird stamp as prescribed in R12-4-101, that accompanies a valid Arizona hunting license. The state migratory bird stamp expires on June 30 of each year, except for stamps purchased under Class M and N licenses, which expire on December 31 of each year.

B In compliance with the National Harvest Information Program, the Department requires a person to possess a migratory bird stamp or authorization number, which may be affixed to or written on the appropriate license, and a current, valid federal waterfowl stamp. The migratory bird stamp and authorization number are required to take band-tailed pigeons, moorhen, coots, doves, ducks, geese, snipe, or swans.

1 The state migratory bird stamp expires on June 30 of each year. To obtain a state migratory bird stamp, a person shall submit:

a The fee required under R12-4-102, and

b A completed state migratory bird registration form to a license dealer or a Department office.

1. 2 The person shall provide on the state migratory bird registration form the person's :

a Name,

b Mailing address,

c Date of birth, and

d Information on past and anticipated hunting activity.

2. 3 The youth combination hunting and fishing license includes the state migratory bird stamp privileges. A youth hunter who possesses a valid combination hunting and fishing license shall obtain:

a A Federal waterfowl stamp when the youth hunter is 16 years of age or older and is taking ducks, geese, swans, coots, gallinules; or

b A permit-tag when the youth hunter is taking sandhill crane.

CA license dealer shall submit state migratory bird registration forms for all state migratory bird stamps sold with the monthly report required under A.R.S. § 17-338.

History

• Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014.

Ariz. Admin. Code § R12-4-204 Taxidermy Registration; Register

A. A person shall register with the Department before engaging in the business of taxidermy for hire. A taxidermy registration authorizes a person to mount, refurbish, maintain, restore, or preserve wildlife as defined under A.R.S. § 17-101.

B. A taxidermy registration expires on December 31 of each year.

C. The Department shall deny a taxidermy registration when the applicant:

1. Fails to meet the requirements established under this Section;

2. Provides false information during the application process; or

3. Provides false information in the register required under A.R.S. § 17-363(B).

D. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

E. A person may apply for a taxidermy registration by paying the applicable fee and submitting an application to the Department. The application form is available on the Department's website. A taxidermy registration applicant shall provide all of the following information:

1. The applicant's information:

a. Name;

b. Date of birth;

c. Department identification number, when applicable;

d. Mailing address, when applicable;

e. Physical address;

f. Telephone number, when available;

g. Email address, when available; and

2. The applicant's business information:

a. Name;

b. Mailing address;

c. Email address;

d. Website URL address, if available;

e. Business telephone number, when applicable;

f. Calendar year for which the application is made; and

g. Whether the applicant is seeking renewal of an existing taxidermy registration.

3. Affirmation that the information provided on the application is true and accurate; and

4. Applicant's signature and date.

F. A registered taxidermist may submit an application for renewal of a taxidermy registration after December 1 of the year it was issued.

G. A registered taxidermist shall maintain a register of all persons who furnish raw and unmounted wildlife specimens for taxidermy service using the form available on the Department's website.

1. This register shall be:

a. Maintained for a period of five years after the date the raw and unmounted wildlife specimens were received;

b. Provided upon request to an employee of the Department; and

c. Filed with the Department on or before January 31 of each year.

2. This register shall contain all of the following information, as applicable:

a. The registered taxidermist's information:

i. Name;

ii. Taxidermy registration number;

iii. Email address, when available; and

b. The customer's or potential customer's:

i. Name;

ii. Address;

iii. Taker's tag or license number;

iv. Species and number of wildlife received;

v. Date wildlife received; and

c. A signed affirmation from the registered taxidermist that the information provided in the register is true and accurate.

3. The taxidermy renewal registration becomes invalid if the register is not submitted to the Department by January 31 of the year following registration.

H. As authorized under A.R.S. § 17-363(C), the Commission may revoke or suspend the taxidermy registration of a person convicted of violating any provision of A.R.S. § 17-363 or requirement established under this Section.

History

• Repealed by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Adopted by final rulemaking at 25 A.A.R. 1854, effective 7/2/2019.

Ariz. Admin. Code § R12-4-205 High Achievement Scout License

A. A high achievement scout license is offered to a resident who is:

1. Eligible for a combination hunting and fishing license,

2. Under 21 years of age, and

3. A member of the Boy Scouts of the United States of America and has attained the rank of Eagle Scout, or

4. A member of the Girl Scouts of the United States of America and has attained the Gold Award.

B. The high achievement scout license grants all of the hunting and fishing privileges of the youth combination hunting and fishing license and is only available at Department offices.

1. The license is valid for one year from the date of purchase or selected start date provided the date selected is no more than 60 calendar days from and after the date of purchase.

2. A valid hunt permit-tag, nonpermit-tag, or stamp is required to validate the high achievement scout license for the take of big game animals, migratory game birds, or other wildlife authorized by an applicable tag or stamp.

C. An applicant for a high achievement scout license shall apply on an application form available from any Department office and on the Department's web site. The applicant shall provide all of the following information on the application:

The applicant's:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

Affirmation that the information provided on the application is true and accurate; and

3. Applicant's signature and date.

D. In addition to the application, an eligible applicant shall present with the application:

1. For an applicant who is a member of the Boy Scouts of the United States of America, any one of the following original documents:

a. A certification letter from the Boy Scouts of the United States of America stating that the applicant has attained the rank of Eagle Scout,

b. A Boy Scouts of the United States of America Eagle Scout Award Certificate, or

c. A Boy Scouts of the United States of America Eagle Scout wallet card.

2. For an applicant who is a member of the Girl Scouts of the United States of America, any one of the following original documents:

a. A certification letter from the Girl Scouts of the United States of America stating that the applicant has completed the award,

b. A Girl Scouts of the United States of America Gold Award Certificate, or

c. A Girl Scouts Gold Award Certificate from the local council.

E. The Department shall deny a high achievement scout license to an applicant who:

1. Is not eligible for the license;

2. Fails to comply with the requirements of this Section; or

3. Provides false information during the application process.

F. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

History

• Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-206 General Hunting License; Exemption

A. A general hunting license is valid for the taking of small game, fur-bearing animals, predatory animals, nongame animals, and upland game birds. A valid hunt permit-tag, nonpermit-tag, or stamp is required to validate the general hunting license for the take of big game animals, migratory game birds, or other wildlife authorized by an applicable tag or stamp.

B. The general hunting license is valid for one-year from:

The date of purchase when a person purchases the hunting license from a License Dealer, as defined under R12-4-101;

2. On the last day of the application deadline for that draw, as established by the hunt permit-tag application schedule published by the Department;

3. On the last day of an extended deadline date, as authorized under subsection R12-4-104(C). If an applicant does not possess an appropriate license that meets the requirements of this subsection, the applicant shall purchase the license at the time of application; or

4. The selected start date when a person purchases the hunting license from a Department office or online. A person may select the start date for the hunting license provided the date selected is no more than 60 calendar days from and after the date of purchase.

C. A resident may apply for a general hunting license by submitting an application to the Department, a License Dealer as defined under R12-4-101, or on the Department's website. The application is furnished by the Department and is available at any Department office, License Dealer, and on the Department's website. A general hunting license applicant shall provide the following information on the application:

The applicant's:

a. Name;

b. Date of birth,

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available; and

Affirmation that the information provided on the application is true and accurate; and

3. Applicant's signature and date.

D. In addition to the requirements listed under subsection (C), at the time of application an applicant who is applying for a general hunting license:

1. In person shall pay the applicable fee required under R12-4-102.

2. Online shall electronically pay the fee required under R12-4-102 and print the new license. A person applying online shall affirm, or provide permission for another person to affirm, the information provided on the online application is true and accurate.

E. A person who is under 10 years of age may hunt wildlife other than big game without a hunting license when accompanied by a properly licensed person who is 18 years of age or older.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-207 General Fishing License; Exemption

A. A general fishing license is valid for the taking of all aquatic wildlife and allows the license holder to engage in simultaneous fishing as defined under R12-4-301. The general fishing license is valid:

State-wide including Mittry Lake and Topock Marsh and the Arizona shoreline of Lake Mead, Lake Mohave and Lake Havasu, and Commission-designated community waters. The list of Commission-designated community waters is available at any License Dealer, Department office, and on the Department's website.

2. On that portion of the Colorado River that forms the common boundary between Arizona and Nevada and Arizona and California and connected adjacent water, provided Arizona has an agreement with California and Nevada that recognizes a general fishing license as valid for taking aquatic wildlife on any portion of the Colorado River that forms the common boundary between Arizona and Nevada and Arizona and California.

B. The general fishing license is valid for one-year from:

1. The date of purchase when a person purchases the fishing license from a License Dealer, as defined under R12-4-101; or

2. The selected start date when a person purchases the fishing license from a Department office or online. A person may select the start date for the fishing license provided the date selected is no more than 60 calendar days from and after the date of purchase.

C. A resident or nonresident may apply for a general fishing license by submitting an application to the Department, a License Dealer as defined under R12-4-101, or on the Department's website. The application is furnished by the Department and is available at any Department office, icense Dealer, and on the Department's website. A general fishing license applicant shall provide the following information on the application:

The applicant's:

a. Name;

b. Date of birth,

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available; and

Affirmation that the information provided on the application is true and accurate; and

3. Applicant's signature and date.

D. In addition to the requirements listed under subsection (C), an applicant who is applying for a general fishing license:

1. In person shall pay the applicable fee required under R12-4-102.

2. Online shall electronically pay the fee required under R12-4-102 and print the new license. A person applying online shall affirm, or provide permission for another person to affirm, the information provided on the online application is true and accurate.

E. In addition to the exemption prescribed under A.R.S. § 17-335, a person who is under 10 years of age may fish without a fishing license.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-208 Guide License

A. A guide, as defined under A.R.S. § 17-101, is a person who does any one of the following:

Advertises for guiding services.

Is presented to the public for hire as a guide.

3. Is employed by a commercial enterprise as a guide.

4. Accepts compensation in any form commensurate with the market value in this state for guiding services in exchange for aiding, assisting, directing, leading, or instructing a person in the field to locate and take wildlife.

5. Is not a landowner or lessee who, without full fair market compensation, allows access to the landowner's or lessee's property and directs and advises a person in taking wildlife.

B. A person shall not act as a guide unless the person holds one of the following guide licenses:

1. A hunting guide license, which authorizes the license holder to act as a guide for the lawful taking of wildlife other than aquatic wildlife as defined under A.R.S. § 17-101.

2. A fishing guide license, which authorizes the license holder to act as a guide for the lawful taking of aquatic wildlife.

3. A hunting and fishing guide license, which authorizes the license holder to act as a guide for the lawful taking of wildlife.

C. A guide license shall expire on December 31 of each year.

D. A person is not eligible to apply for an original or renewal guide license when any one of the following conditions apply:

1. The applicant was convicted of a felony violation of any federal wildlife law, within five years immediately preceding the date of application;

2. The applicant was convicted of a violation listed under A.R.S. § 17-309(D), within five years immediately preceding the date of application;

3. The applicant was convicted of a violation of a federal or state wildlife law for which a license to take wildlife may be revoked or suspended within five years immediately preceding the date of application; or

4. The applicant's privilege to take or possess wildlife or to guide or act as a guide is currently suspended or revoked anywhere in the U.S. for violation of a federal or state wildlife law.

E. Notwithstanding subsection (D), a person who was convicted of a misdemeanor violation of any wildlife law within one year preceding the date of application may apply for a guide license provided the person immediately and voluntarily reported the violation to the Department after committing the violation.

F. An applicant for a guide license shall:

1. Be 18 years of age or older, and

2. Possess the required Department-issued license, as applicable:

a. A current Arizona hunting license when applying for a hunting guide license;

b. A current Arizona fishing license when applying for a fishing guide license;

c. A current Arizona combination hunting and fishing license when applying for a hunting and fishing guide license;

G. The guide license does not exempt the license holder from any applicable method of take or licensing requirement. The guide license holder shall comply with all applicable Commission rules, including, but not limited to, rules governing:

1. Lawful methods of take,

2. Lawful devices, and

3. License requirements.

H. Unless otherwise provided under this Section, a person shall successfully complete the Department administered examination, and answer at least 80% of the questions correctly, prior to applying for a guide license. Guide examinations are:

1. Provided at a Department office.

2. Valid until December 31 of the year in which it was taken.

4. A person interested in taking the guide examination shall contact a Department office to obtain scheduling information.

I. The examination is based on the type of guide license the person is seeking.

1. Before taking the examination, the applicant shall provide their:

a. Name;

b. Date of birth; and

c. Driver license number and issuing state.

2. The examination may include questions regarding any of the following topics:

a. A.R.S. Title 17 Game and Fish statutes and Commission rules regarding the taking and handling of terrestrial and aquatic wildlife;

b. A.R.S. Title 28, Ch 3, Article 20 Off-highway Vehicles statutes and rule regarding the use of off-highway vehicles;

c. A.R.S. Title 5, Ch 3, Boating and Water Sports statutes and Commission rules on boating;

d. Requirements for guiding on federal lands;

e. Identification of aquatic wildlife species;

f. Identification of wildlife;

g. Special state and federal laws regarding certain species;

h. General knowledge of fair chase, hunter ethics, and conservation in Arizona;

h. i. General knowledge of species habitat and wildlife that may occur in the same habitat;

i. j. General knowledge of the types of habitat within the State; and

j. k. General knowledge of special or concurrent jurisdictions within the State.

3. An applicant who fails the examination may retake the examination as agreed upon by the applicant and the examination administrator.

J. In addition to the guide examination requirement under subsection (H), a guide license holder shall take the Department administered examination when:

1. The applicant currently holds a hunting or fishing guide license and is applying for a combination hunting and fishing guide license;

2. The applicant for a hunting guide license was convicted of a violation of A.R.S. Title 17 or Game and Fish Commission rule governing the taking and handling of terrestrial wildlife within one year preceding the date of application;

3. The applicant for a fishing guide license was convicted of a violation of A.R.S. Title 17 or Game and Fish Commission rule governing the taking and handling of aquatic wildlife within one year preceding the date of application;

4. The applicant failed to submit a renewal application postmarked before the expiration date of the guide license; or

5. The applicant failed to submit the annual report for the preceding license year by January 10 of the following license year.

K. A person may apply for a guide license by submitting an application to the Department. The application form is furnished by the Department and is available at any Department office and on the Department's website. A guide license applicant shall provide all of the following information on the application:

The applicant's personal information:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Social Security Number;

e. Current hunting, fishing, or combination hunting and fishing license number;

e. f. Residency status;

f. g. Mailing address, when applicable;

g. h. Physical address;

h. i. Telephone number, when available;

i. j. E-mail address, when available;

j. k. Type of guide license sought; and

k. l. Calendar year for which the application is made;

2. The outfitting or guide:

a. Business name; and

b. Business address, as applicable;

3. Responses to questions relating to criminal violations;

Affirmation that:

a. The applicant meets the eligibility requirements prescribed under this Section; and

b. The information provided on the application is true and accurate;

5. Applicant's signature and date.

L. In addition to the requirements listed under subsection (K), an applicant for a guide license shall also submit

1. Proof of the successful completion of the guide examination required under subsection (H). The applicant must successfully complete the examination within the twelve months immediately preceding the date of application.

2. a copy of any one of the following as proof of the applicant's identity:

a. 1. Valid U.S. passport;

b. 2. Applicant's birth certificate;

c. 3. Valid government-issued driver's license; or

d. 4. Valid government-issued identification card.

M. All information and documentation provided by the guide license applicant is subject to Department verification.

N. An applicant for a guide license shall pay all applicable fees required under R12-4-102 upon approval of an initial or renewal application for a guide license.

O. The Department shall deny a guide license when the applicant:

Fails to meet the criteria prescribed under A.R.S. § 17-362,

2. Fails to comply with the requirements of this Section,

3. Provides false information during the application process,

4. Fails to provide the annual report required under subsection (R) by January 10, or

5. Provides false information in the annual report required under subsection (R) within three years immediately preceding the date of application.

P. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

Q. A guide license holder may submit an application for renewal of a guide license after December 1 of the year it was issued. The Department shall not start the substantive review, as defined under A.R.S. § 41-1072, before January 10 of the following license year, unless the Department receives the annual report prior to the date established under subsection (R). The current guide license shall remain valid pending a Department decision on the application for renewal, provided:

1. The application for renewal is submitted to the Department by December 31, and

2. The Department receives the annual report submitted in compliance with subsection (R).

R. A guide license holder shall submit to the Department the annual report required under A.R.S. § 17-362(C) for the previous calendar year before January 10 of the following license year. The report form is furnished by the Department and is available at any Department office or on the Department's website.

1. A report is required whether or not the license holder performed any guiding activities.

2. The annual report shall include all of the following information, as applicable:

a. License holder's personal information:

i. Name;

ii. Guide license number; and

iii. E-mail address, when available; and

b. Client's personal information:

i. Name;

ii. Mailing address; and

iii. Arizona license, tag and permit numbers, and

c. Dates guiding activities were conducted;

d. Number and species of wildlife taken by the clients;

e. Game management unit or body of water where guiding activities took place;

f. Affirmation that the information provided in the annual report is true and accurate; and

g. License holder's signature and date.

3. The Department shall not renew a guide license if the annual report is not submitted to the Department by January 10 of the following license year.

S. The date of receipt for the items required under subsections (K), (L), (Q), and (R) shall be as follows:

1. The date a person presents the items to a Department office;

2. The date a private express mail carrier receives the package containing the items as indicated on the shipping package; or

3. The date of the United States Postal Service postmark stamped on the envelope containing the items.

T. A guide license holder shall:

1. Complete a Department-sanctioned continuing education course at least once every five-years.

2. While performing guide activities or providing guide services:

1. a. Possess a valid guide license.

2. b. Possess a valid Arizona hunting, fishing, or combination hunting and fishing license, as applicable under subsection (F)(2).

3. c. Present the license for inspection upon the request of any peace officer, including wildlifemanagers and game rangers.

4. d. Report any violation of a federal or state wildlife regulation, law, or rule personally witnessed by the guide license holder.

U. A guide license holder shall not:

1. Use, or allow another person to use, any method or device prohibited under any federal or state wildlife regulation, law, or rule while taking wildlife.

2. Aid, counsel, agree to aid, or attempt to aid another person in planning or engaging in conduct that results in a violation of any federal or state wildlife regulation, law, or rule while taking wildlife.

3. Pursue any wildlife or hold at bay any wildlife for a person unless that person is present during the pursuit to take the wildlife.

a. The person shall be continuously present during the entire pursuit of that specific target animal.

b. If dogs are used, the person shall be present when the dogs are released on a specific target animal and shall be continuously present for the remainder of the pursuit.

4. Hold wildlife at bay other than during daylight hours, unless a Commission Order authorizes the take of the species at night.

V. As authorized under A.R.S. § 17-362(A), the Commission may revoke or suspend a guide license when any one or more of the following actions occur:

1. The guide license holder failed to comply with the requirements of A.R.S. Title 17 or was convicted of violating any provision of A.R.S. Title 17;

2. The guide license holder was convicted of a felony violation of any federal wildlife law;

3. The guide license holder was convicted of a violation listed under A.R.S. § 17-309(D);

4. The guide license holder was convicted of a violation of a federal or state wildlife law for which a license to take wildlife may be revoked or suspended; or

5. The guide license holder's privilege to take or possess wildlife is suspended or revoked by any jurisdiction for violation of a federal or state wildlife law.

History

• Amended effective March 7, 1979 (Supp. 79-2). Former Section R12-4-40 renumbered as Section R12-4-208 without change effective August 13, 1981 (Supp. 81-4). Former rule repealed, new Section R12-4-208 adopted effective December 22, 1989 (Supp. 89-4). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-209 [Repealed]

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Repealed by final rulemaking at 27 A.A.R. 1368, effective 1/1/2022.

Ariz. Admin. Code § R12-4-210 Combination Hunting and Fishing License; Exemption

A. A combination hunting and fishing license is valid for the taking of small game, fur-bearing animals, predatory animals, nongame animals, and upland game birds.

B. A combination hunting and fishing license is valid for the taking of all aquatic wildlife and allows the license holder to engage in simultaneous fishing as defined under R12-4-101. The combination hunting and fishing license is valid:

1. State-wide including Mittry Lake and Topock Marsh and the Arizona shoreline of Lake Mead, Lake Mohave and Lake Havasu, and Commission-designated community waters. The list of Commission-designated community waters is available at any License Dealer, Department office, and on the Department's website.

2. On that portion of the Colorado River that forms the common boundary between Arizona and Nevada and Arizona and California and connected adjacent water, provided Arizona has an agreement with California and Nevada that recognizes a combination hunting and fishing license as valid for taking aquatic wildlife on any portion of the Colorado River that forms the common boundary between Arizona and Nevada and Arizona and California.

C. The Department offers three combination hunting and fishing licenses:

1. A short-term combination hunting and fishing license, valid for one 24-hour period from midnight to midnight.

a. The short-term combination hunting and fishing license is not valid for the take of big game animals.

b. The short-term combination hunting and fishing license is valid for the take of migratory game birds and waterfowl, provided the person possesses the applicable State Migratory Bird stamp and Federal Waterfowl stamp.

c. The Department does not limit the number of short-term combination hunting and fishing licenses a resident or nonresident may purchase.

2. A combination hunting and fishing license for a person age 18 and over.

a. The combination hunting and fishing license is valid for one-year from:

i. The date of purchase when a person purchases the combination hunting and fishing license from a License Dealer, as defined under R12-4-101;

ii. On the last day of the application deadline for that draw, as established by the hunt permit-tag application schedule published by the Department;

iii. On the last day of an extended deadline date, as authorized under subsection R12-4-104(C). If an applicant does not possess an appropriate license that meets the requirements of this subsection, the applicant shall purchase the license at the time of application; or

iv. The selected start date when a person purchases the combination hunting and fishing license from a Department office or online. A person may select the start date for the combination hunting and fishing license provided the date selected is no more than 60 calendar days from and after the date of purchase.

b. A valid hunt permit-tag, nonpermit-tag, or stamp is required to validate the combination hunting and fishing license for the take of big game animals, migratory game birds, or other wildlife authorized by an applicable tag or stamp.

3. A youth combination hunting and fishing license for a person through age 17.

a. The combination hunting and fishing license is valid for one-year from:

i. The date of purchase when a person purchases the combination hunting and fishing license from aLicense Dealer, as defined under R12-4-101;

ii. On the last day of the application deadline for that draw, as established by the hunt permit-tag application schedule published by the Department;

iii. On the last day of an extended deadline date, as authorized under subsection R12-4-104(C). If an applicant does not possess an appropriate license that meets the requirements of this subsection, the applicant shall purchase the license at the time of application; or

iv. The selected start date when a person purchases the combination hunting and fishing license from a Department office or online. A person may select the start date for the combination hunting and fishing license provided the date selected is no more than 60 calendar days from and after the date of purchase.

b. A valid hunt permit-tag, nonpermit-tag, or stamp is required to validate the combination hunting and fishing license for the take of big game animals, migratory game birds, or other wildlife authorized by an applicable tag or stamp.

D. A resident or nonresident may apply for a combination hunting and fishing license by submitting an application to the Department, a License Dealer as defined under R12-4-101, or on the Department's website. The application is furnished by the Department and is available at any Department office, License Dealer, and on the Department's website. A combination hunting and fishing license applicant shall provide the following information on the application:

1. The applicant's:

a. Name;

b. Date of birth,

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available; and

Affirmation that the information provided on the application is true and accurate; and

3. Applicant's signature and date.

E. In addition to the requirements listed under subsection (C), an applicant who is applying for a combination hunting and fishing license:

1. In person shall pay the applicable fee required under R12-4-102.

2. Online shall electronically pay the fee required under R12-4-102 and print the new license. A person applying online shall affirm, or provide permission for another person to affirm, the information provided on the online application is true and accurate.

F. Exemptions authorized under R12-4-206(E) and R12-4-207(E) also apply to this Section, as applicable.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-211 Lifetime License; Benefactor License

A. The Department offers the following lifetime licenses:

1. A lifetime hunting license includes the privileges established under R12-4-206(A).

2. A lifetime fishing license includes the privileges established under R12-4-207(A).

3. A lifetime combination hunting and fishing license includes the privileges established under R12-4-210(A) and (B).

4. A benefactor lifetime combination hunting and fishing license includes the privileges established under R12-4-210(A) and (B).

B. A valid hunt permit-tag, nonpermit-tag, or stamp is required to validate lifetime hunting or combination hunting and fishing license for the take of big game animals, migratory game birds, or other wildlife authorized by an applicable tag or stamp.

C. The lifetime licenses identified under subsection (A) do not expire and remain valid if the licensee subsequently resides outside of this state.

1. A licensee who resides outside of Arizona shall submit the nonresident fee to purchase any required hunt permit-tag, nonpermittag, or stamp to hunt and fish in this state.

2. Limits established under R12-4-114 for nonresident hunt permit-tags and nonpermit-tags do not apply to a lifetime license holder.

D. A resident may apply for a lifetime license by submitting an application to the Department and paying the applicable fee required under subsection (E). The application is furnished by the Department and is available at any Department office and on the Department's website. A lifetime license applicant shall provide the following information on the application:

1. The applicant's:

a. Name;

b. Date of birth,

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Social Security Number, when required under A.R.S. §§ 25-320(P) and 25-502(K);

e. Department identification number, when applicable;

f. Residency status and number of years of residency immediately preceding application, when applicable;

g. Mailing address, when applicable;

h. Physical address;

i. Telephone number, when available; and

j. E-mail address, when available; and

Affirmation that the information provided on the application is true and accurate; and

3. Applicant's signature and date.

E. The fees for resident lifetime licenses listed under (A)(1) through (A)(3) are determined by the age of the applicant as follows:

1. Age 0 through 13 years is 17 times the fee established under R12-4-102 for the equivalent one-year license.

2. Age 14 through 29 years is 18 times the fee established under R12-4-102 for the equivalent one-year license.

3. Age 30 through 44 years is 16 times the fee established under R12-4-102 for the equivalent one-year license.

4. Age 45 through 61 years is 15 times the fee established under R12-4-102 for the equivalent one-year license.

5. Age 62 and older is 8 times the fee established under R12-4-102 for the equivalent one-year license.

6. For the purposes of this subsection, when the applicant is under the age of 18, the fee for the lifetime license is based on the full priced license fee, not the youth license fee.

F. The fee for the benefactor license listed under (A)(4) is $1,500. The difference between $1,500 and the license fee for a resident lifetime combination hunting and fishing license established under subsection (E):

1. Is a donation to the State for continued management, protection, and conservation of the State's wildlife.

2. Shall be credited to the wildlife endowment fund established under A.R.S. § 17-271.

3. May be tax deductible to the extent allowed by federal and state income tax statutes for contributions to qualifying tax-exempt organizations.

G. A lifetime license may be denied or suspended pursuant to, and for the offenses described under, A.R.S. § 17-340.

H. A person issued a lifetime license prior to the effective date of this Section shall be entitled to the privileges established under subsection (A)(1), (A)(2), (A)(3), or (A)(4), as applicable, for the equivalent lifetime license.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 3360, effective 11/26/2022.

Ariz. Admin. Code § R12-4-212 [Repealed]

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Repealed by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-213 Hunt Permit-tags and Nonpermit-tags

A. A valid hunt permit-tag or nonpermit-tag is required to validate a license to take a big game animal or other wildlife requiring a valid tag. Before a person may take a big game animal or other wildlife requiring a tag, the person shall apply for and obtain the appropriate tag required for the take of that big game animal or other wildlife.

B. A person may apply for a hunt permit-tag in accordance with R12-4-104 and at the times, locations, and in the manner established by the hunt permit-tag application schedule that the Department publishes and is available at any Department office, on the Department's website, or a License Dealer as defined under R12-4-101.

C. A person applying for a nonpermit-tag shall apply in accordance with R12-4-114 and pay the required fee established under R12-4-102.

D. Under A.R.S. § 17-332(C), the Department and its license dealers may issue a duplicate tag to a person whose tag was not used and is lost, destroyed, mutilated, or otherwise unusable; or placed on a harvested animal that was subsequently condemned and the carcass and all parts of the animal were surrendered to a Department employee as required under R12-4-112(B) and (C). The person shall complete and sign the affidavit furnished by the Department. The affidavit is available at any Department office or license dealer. The person shall provide the following information on the affidavit:

1. The applicant's personal information:

a. Name;

b. Department identification number, when applicable;

c. Residency status and number of years of residency immediately preceding application, when applicable;

2. The original license or tag information:

a. Type of license or tag;

b. Place of purchase;

c. Purchase date, when available;

3. Disposition of the original tag for which a duplicate is being purchased.

4. A person applying for a duplicate tag after a harvested animal that was subsequently condemned as described under subsection (D) shall also submit the condemned meat duplicate tag authorization form issued by the Department.

E. The person shall pay the applicable duplicate fee prescribed under R12-4-102.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-214 [Repealed]

History

• Former Section R12-4-67 renumbered as Section R12-4-214 without change effective August 13, 1981 (Supp. 81-4). Repealed effective December 22, 1989 (Supp. 89-4). New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Repealed by final rulemaking at 27 A.A.R. 1368, effective 1/1/2022.

Ariz. Admin. Code § R12-4-215 Youth Group Two-day Fishing License

AA youth group two-day fishing license authorizes a nonprofit organization or governmental entity as defined under subsection (C) that sponsors adult supervised activities for youth to take up to 25 youths fishing. The youth group two-day fishing license is only available from a Department office. The youth group two-day fishing license is valid for:

1 Two consecutive days,

2 The take of all aquatic wildlife, and

3 All privileges established under R12-4-207(A).

BA nonprofit organization or governmental entity may apply for a youth group two-day fishing license at any Department office. An applicant for a youth group two-day fishing license shall be a resident. The applicant shall pay the fee required under R12-4-102 and provide the following information at the time of application:

1 The nonprofit organization's or governmental entity's:

a Name;

b Mailing address; and

c Telephone number, when available;

2 The applicant's:

a Name;

b Date of birth,

c Physical description, to include the applicant's eye color, hair color, height, and weight;

d Department identification number, when applicable;

e Mailing address, when applicable;

f Physical address;

g Telephone number, when available; and

h E-mail address, when available;

3 The dates on which the nonprofit organization intends to conduct the youth group fishing activity.

4 The approximate number of youth participating in the group fishing activity.

CFor the purpose of this Section, "governmental entity" means any town, city, county, municipality, or other political subdivision of this state or any department, agency, board, commission, authority, division, office, public school, public charter school, public corporation, or other public entity of this state or any department agency bureau, or office of the federal government that is physically located within this state.

History

• New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014.

Ariz. Admin. Code § R12-4-216 Crossbow Permit

A. For the purposes of this Section, "healthcare provider" means a person who is licensed to practice by the federal government, any state, or U.S. territory with one of the following credentials:

1. Medical Doctor,

2. Doctor of Osteopathy,

3. Doctor of Chiropractic,

4. Nurse Practitioner, or

5. Physician Assistant.

B. When authorized under R12-4-304 as lawful for the species hunted:

1. A person who possesses a valid crossbow permit may use any of the following during an archery-only season as prescribed under R12-4-318:

a. A crossbow, as defined under R12-4-101, using a single bowstring, capable of firing only a single arrow or bolt with each loading and cocking action; or

b. Any bow to be drawn and held with an assisting device.

2. A person who possesses both a valid crossbow permit and CHAMP, issued under R12-4-217, may use any of the following during an archery-only season as prescribed under R12-4-318:

a. A crossbow, as defined under R12-4-101, using a single bowstring, capable of firing only a single arrow or bolt with each loading and cocking action;

b. Any bow to be drawn and held with an assisting device; or

c. Pre-charged pneumatic weapon, as defined under R12-4-301, using arrows or bolts and capable of firing only a single arrow or bolt at a time.

C. The crossbow permit does not exempt the permit holder from any other applicable method of take or licensing requirement. The permit holder shall be responsible for compliance with all applicable regulatory requirements.

D. The crossbow permit does not expire, unless:

1. The medical certification portion of the application indicates the person has a temporary physical disability; then the crossbow permit shall be valid for a period of one year from the date the medical certification portion of the application was signed by the healthcare provider,

2. The permit holder no longer meets the criteria for obtaining the crossbow permit, or

3. The Commission revokes the person's hunting privileges under A.R.S. § 17-340. A person whose crossbow permit is revoked by the Commission may petition the Commission for a rehearing as established under R12-4-607.

E. An applicant for a crossbow permit shall apply by submitting an application to the Department. The application form is furnished by the Department and is available at any Department office and online at www.azgfd.gov. A crossbow permit applicant shall provide all of the following information on the application:

1. The applicant's:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

Affirmation that:

a. The applicant meets the requirements of this Section, and

b. The information provided on the application is true and accurate, and

3. Applicant's signature and date.

4. The certification portion of the application shall be completed by a healthcare provider. The healthcare provider shall:

a. Certify the applicant has one or more of the following physical limitations:

i. An amputation involving body extremities required for stable function to use conventional archery equipment;

ii. A spinal cord injury resulting in a disability to the lower extremities, leaving the applicant non ambulatory;

iii. A wheelchair restriction;

iv. A neuromuscular condition that prevents the applicant from drawing and holding a bow;

v. A failed manual muscle test involving the grading of shoulder and elbow flexion and extension or an impaired range-of-motion test involving the shoulder or elbow; or

vi. A combination of comparable physical disabilities resulting in the applicant's inability to draw and hold a bow;

vii. A failed functional draw test that equals 30 pounds of resistance and involves holding it for four seconds. The functional draw test may not be used to determine eligibility for the permit when it is not associated with a disability.

b. Indicate whether the disability is temporary or permanent and, when temporary, specify the expected duration of the physical limitation; and

c. Provide the healthcare provider's:

i. Typed or printed name,

ii. License number,

iii. Business address,

iv. Telephone number, and

v. Signature and date;

5. A person who holds a valid Challenged Hunter Access/Mobility Permit (CHAMP) and who is applying for a crossbow permit is exempt from the requirements of subsection (E)(4) and shall indicate "CHAMP" in the space provided for the medical certification on the crossbow permit application.

F. In addition to the requirements listed above, at the time of application an applicant who is applying for a crossbow permit shall pay the applicable fee required under R12-4-102.

G. All information and documentation provided by the applicant is subject to Department verification.

H. The Department shall deny a crossbow permit when the applicant:

1. Fails to meet the criteria prescribed under this Section,

2. Fails to comply with the requirements of this Section, or

3. Provides false information during the application process.

I. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

J. The applicant claiming a temporary or permanent disability is responsible for all costs associated with obtaining the medical documentation, re-evaluation of the information, or a second medical opinion.

K. When acting under the authority of a crossbow permit, the crossbow permit holder shall possess the permit, and exhibit the permit upon request to any peace officer, including wildlife managers and game rangers.

L. A crossbow permit holder shall not:

1. Transfer the permit to another person, or

Allow another person to use or possess the permit.

History

• Adopted effective April 7, 1983 (Supp. 83-2). Repealed effective January 1, 1993; filed December 18, 1993 (Supp. 92-4). New Section adopted effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-217 Challenged Hunter Access/Mobility Permit (CHAMP)

A. For the purposes of this Section, the following definitions apply:

"Healthcare provider" means a person who is licensed to practice by the federal government, any state, or U.S. territory with one of the following credentials:

Medical Doctor,

Doctor of Osteopathy,

Doctor of Chiropractic,

Nurse Practitioner, or

Physician Assistant.

"Severe permanent disability" means one or more permanent physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, intellectual disability, muscular dystrophy, musculoskeletal disorders, neurological disorders, paraplegia, pulmonary disorders, quadriplegia and other spinal cord conditions, sickle cell anemia, and end stage renal disease or a combination of permanent disabilities resulting in comparable substantial functional limitations.

B. The Challenged Hunter Access/Mobility Permit (CHAMP) allows a person with a severe permanent disability to perform one or more of the following activities:

1. Discharge a firearm or other legal hunting device from a motor vehicle if, under existing conditions:

a. The discharge is otherwise lawful;

b. The motor vehicle is not in motion;

c. The motor vehicle is not on any road, as defined under A.R.S. § 17-101; and

d. The motor vehicle's engine is turned off.

Discharge a firearm or other legal hunting device from a watercraft, as defined under R12-4-501; provided the motor is turned off, the sail furled, or both; and progress has ceased.

a. The watercraft may be drifting as a result of current or wind, beached, moored, resting at anchor, or propelled by paddle, oars, or pole.

b. A person may use a watercraft under power to retrieve dead or wounded wildlife.

c. For the purposes of this subsection, "watercraft" does not include a sinkbox.

3. Use off-road locations in a motor vehicle if use is not in conflict with federal or state statutes or regulations or local ordinances or regulations and the motor vehicle is used as a place to wait for game. A person shall not use a motor vehicle to chase or pursue game

4. Designate an assistant to track and dispatch a wounded animal, and to retrieve the animal, in accordance with the requirements of this Section.

C. The CHAMP holder shall comply with all applicable regulatory requirements. A CHAMP does not exempt the permit holder from any other applicable method of take or licensing requirement.

D. The CHAMP does not expire, unless:

1. The permit holder no longer meets the criteria for obtaining the CHAMP, or

2. The Commission revokes the person's hunting privileges under A.R.S. § 17-340. A person whose CHAMP is revoked by the Commission may petition the Commission for a rehearing as established under R12-4-607.

E. An applicant for a CHAMP shall apply by submitting an application to the Department. The application form is furnished by the Department and is available from any Department office on the Department's website. The CHAMP applicant shall provide all of the following information on the application

1 The applicant's:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status;

f Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

Affirmation that:

a. The applicant meets the requirements of this Section, and

b. The information provided on the application is true and accurate, and

3. Applicant's signature and date.

4. The certification portion of the application shall be completed by a healthcare provider The healthcare provider shall:

a. Certify the applicant is a person with a severe permanent disability as defined under subsection (A), and

b. Provide the healthcare provider's:

i. Typed or printed name,

ii. Business address,

iii. Telephone number, and

iv. Signature and date;

F. In addition to the requirements listed above, at the time of application an applicant who is applying for a CHAMP shall pay the applicable fee required under R12-4-102.

F. G. All information and documentation provided by the applicant is subject to Department verification.

G. H. The applicant claiming a seve associated with obtaining the medical documentation, re-evaluation of the information, or a second medical opinion.

H. I. The Department shall deny a CHAMP when the applicant:

1. Fails to meet the criteria prescribed under this Section,

2. Fails to comply with the requirements of this Section, or

3. Provides false information during the application process.

I. J. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed in A.R.S. Title 41, Chapter 6, Article 10.

J. K. When acting under the authority of the CHAMP, the permit holder shall possess and exhibit the permit upon request to any peace officer, including wildlife managers and game rangers.

K. L. The CHAMP holder shall ensure the CHAMP vehicle placard, issued with the CHAMP, is visibly displayed on the motor vehicle or watercraft when in use.

L. M. The Department shall provide a CHAMP holder with a dispatch permit that allows the CHAMP holder to designate a licensed hunter as an assistant to:

1. Dispatch and retrieve an animal wounded by the CHAMP holder, or

2. Retrieve wildlife killed by the CHAMP holder

M. N. The CHAMP holder shall:

1. Designate an assistant only after the animal is wounded or killed.

Ensure the designation on the dispatch permit is in ink and includes:

a. A description of the animal,

b. The assistant's name and valid Arizona hunting license number,

c. The date and time the animal was wounded or killed, and

3. Ensure compliance with all of the following requirements:

a. The site where the animal is wounded and the location from which tracking begins are marked so they can be identified later

b. The assistant possesses the dispatch permit and a valid hunting license while tracking and dispatching the wounded animal. When acting under the authority of the dispatch permit, the assistant shall possess and exhibit the dispatch permit and hunting license upon request to any peace officer, including wildlife managers and game rangers.

c. The CHAMP holder is in the field while the assistant is tracking and dispatching the wounded animal.

d. The assistant does not transfer the dispatch permit to anyone except that the dispatch permit may be transferred back to the CHAMP holder.

e. Dispatch is made by a method that is lawful for the take of the particular animal in the particular season in accordance with requirements established under R12-4-304 and R12-4-318.

f. The assistant attaches the dispatch permit to the carcass of the animal and returns the carcass to the CHAMP holder, and the tag of the CHAMP holder is affixed to the carcass.

g. If the assistant is unsuccessful in locating and dispatching the wounded animal, the assistant returns the dispatch permit to the CHAMP holder. The CHAMP holder shall strike the name and authorization of the assistant from the dispatch permit.

N. O. A dispatch permit may not be reused when all spaces for designation of an assistant are filled or the dispatch permit is attached to a carcass. The CHAMP holder may request another dispatch permit from the Department if:

1. All spaces for assistants are filled,

2. The dispatch permit is lost, or

3. When the CHAMP holder needs another dispatch permit for another big game hunt.

O. P. A CHAMP holder shall not:

1. Transfer the permit to another person, or

2. Allow another person to use or possess the permit.

History

• Adopted effective October 9, 1980 (Supp. 80-5). Former Section R12-4-59 renumbered as Section R12-4-310 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-310 renumbered as R12-4-217 and amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-310 renumbered as R12-4-217 and amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Section repealed, new Section adopted effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.

Ariz. Admin. Code § R12-4-218 [REPEALED]

History

• Adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Repealed effective November 7, 1996 (Supp. 96-4).

Ariz. Admin. Code § R12-4-219 Renumbered

History

• Adopted as an emergency effective July 5, 1988 pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-3). Correction, Historical Note, Supp. 88-3, should read, "Adopted as an emergency effective July 15, 1988..."; readopted and amended as an emergency effective October 13, 1988 pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted without change as an emergency effective January 24, 1989 pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Former Section R12-4-219 amended and adopted as a permanent rule and renumbered as Section R12-4-424 effective April 28, 1989 (Supp. 89-2).

Ariz. Admin. Code § R12-4-220 [REPEALED]

History

• Adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Repealed effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4).

Article 3 TAKING AND HANDLING OF WILDLIFE

Ariz. Admin. Code § R12-4-301 Definitions

In addition to the definitions provided under A.R.S. § 17-101 and R12-4-101, the following definitions apply to this Article unless otherwise specified:

"Administer" means to apply a drug directly to wildlife by injection, inhalation, ingestion, or any other means.

"Aircraft" means any contrivance used for flight in the air or any lighter-than-air contrivance, including unmanned aircraft systems also known as drones.

"Artificial flies and lures" means man-made devices intended as visual attractants to catch fish. Artificial flies and lures does not include living or dead organisms or edible parts of those organisms, natural or prepared food stuffs, or chemicals or organic materials intended to create a scent, flavor, or chemical stimulant to the device regardless of whether it is added or applied during or after the manufacturing process.

"Atlatl" means a rod or narrow board-like device used to launch, through a throwing motion of the arm, a dart.

"Audio location device" means any device that captures broad spectrum, high definition sound and airwaves that is not held or manually operated by a person and is used to identify and locate wildlife.

"Barbless hook" means any fish hook manufactured without barbs or on which the barbs have been completely closed or removed.

"Body-gripping trap" means a device designed to capture an animal by gripping the animal's body.

"Confinement trap" means a device designed to capture wildlife alive and hold it without harm.

"Crayfish net" means a net that does not exceed 36 inches on a side or in diameter and is retrieved by means of a hand-held line.

"Deadly weapon" has the same meaning as provided under A.R.S. § 13-3101.

"Device" has the same meaning as provided under A.R.S. § 17-101.

"Dip net" means any net, excluding the handle, that is no greater than three feet in the greatest dimension, that is hand-held, nonmotorized, and the motion of the net is caused by the physical effort of the person.

"Drug" means any chemical substance, other than food or mineral supplements, that affects the structure or biological function of wildlife.

"Edible portions of game meat" means, for:

Upland game birds, migratory game birds and wild turkey: breast.

Bear, bighorn sheep, bison, deer, elk, javelina, mountain lion, and pronghorn antelope: front quarters, hind quarters, loins (backstraps), neck meat, and tenderloins.

Game fish: fillets of the fish.

"Evidence of legality" means the wildlife is accompanied by the applicable license, tag, stamp, or permit required by law and is identifiable as the "legal wildlife" prescribed by Commission Order, which may include evidence of species, gender, antler or horn growth, maturity, and size.

"Foothold trap" means a device designed to capture an animal by the leg or foot.

"Handgun" means a firearm designed and intended to be held, gripped, and fired by one or more hands, not intended to be fired from the shoulder, and that uses the energy from an explosive in a fixed cartridge to fire a single projectile through a barrel for each single pull of the trigger.

"Harvest limit" means an identified limit or threshold on the number of any one species permitted to be taken, during a specified time period, in a management unit or portion of a management unit, which when met closes the season for the remainder of the specified time period.

"Hybrid device" means a device with a combination of components from two or more lawful devices and is used for the take of wildlife, such as but not limited to a firearm, pneumatic weapon, or slingshot that shoots arrows or bolts.

"Instant kill trap" means a device designed to render an animal unconscious and insensitive to pain quickly with inevitable subsidence into death without recovery of consciousness.

"Land set" means any trap used on land rather than in water.

"Minnow trap" means a trap with dimensions that do not exceed 12 inches in depth, 12 inches in width, and 24 inches in length. "Muzzleloading handgun" means a firearm intended to be fired from the hand, incapable of firing fixed ammunition, and loaded with black powder or synthetic black powder and a single projectile.

"Muzzleloading rifle" means a firearm intended to be fired from the shoulder, incapable of firing fixed ammunition, having a single barrel, and using black powder or synthetic black powder, and loaded through the muzzle with a single projectile.

"Muzzleloading shotgun" means a firearm intended to be fired from the shoulder, incapable of firing fixed ammunition, having a single or double smooth barrel and using black powder or synthetic black powder, and loaded through the muzzle with ball shot as a projectile.

"Paste-type bait" means a partially liquefied substance used as a lure for animals.

"Pneumatic weapon" means a device that fires a projectile by means of air pressure or compressed gas. This does not include tools that are common in the construction and art trade such as, but not limited to, nail and rivet guns.

"Pre-charged pneumatic weapon" means an air gun or pneumatic weapon that is charged from a high compression source such as an air compressor, air tank, or internal or external hand pump.

"Prohibited possessor" has the same meaning as provided under A.R.S. § 13-3101.

"Prohibited weapon" has the same meaning as provided under A.R.S. § 13-3101.

"Rifle" means a firearm intended to be fired from the shoulder that uses the energy from an explosive in a fixed cartridge to fire a single projectile through a rifled bore for each single pull of the trigger. This does not include a pre-charged pneumatic weapon.

"Shotgun" means a firearm intended to be fired from the shoulder and that uses the energy from an explosive in a fixed shotgun shell to fire either ball shot or a single projectile through a smooth bore or rifled barrel for each pull of the trigger.

"Sight-exposed bait" means a carcass, or parts of a carcass, lying openly on the ground or suspended in a manner so that it can be seen from above by a bird. This does not include a trap flag, dried or bleached bone with no attached tissue, or less than two ounces of paste-type bait.

"Simultaneous fishing" means taking fish by using only two lines at one time and not more than two hooks or two artificial flies or lures per line.

"Single-point barbless hook" means a fishhook with a single point, manufactured without barbs, or on which the barbs have been completely closed or removed. This does not include a treble fishhook.

"Sinkbox" means a low-floating device with a depression that affords a hunter a means of concealment beneath the surface of the water.

"Smart device" means any device equipped with a target-tracking system or an electronically-controlled, electronically-assisted, or computer-linked trigger or release. This includes but is not limited to smart rifles.

"Trail Camera" means any device that is not held or manually operated by a person and is used to capture images, video, or location, time, or date data of wildlife.

"Trap flag" means an attractant made from materials other than animal parts that is suspended at least three feet above the ground.

"Water set" means any trap used and anchored in water rather than on land.

History

• Amended as an emergency effective April 10, 1975 (Supp. 75-1). Amended effective May 3, 1976, Amended effective June 7, 1976 (Supp. 76-3). Amended effective May 26, 1978 (Supp. 78-3). Editorial correction subsection (D) (Supp. 78-5). Amended effective June 4, 1979 (Supp. 79-3). Former Section R12-4-50 renumbered as Section R12-4-301 without change effective August 13, 1981 (Supp. 81-4). Amended subsection (A) effective May 12, 1982 (Supp. 82-3). Amended effective July 3, 1984 (Supp. 84-4). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Former R12-4-301 renumbered to R12-4-321; new Section made by final rulemaking at 18 A.A.R. 1458, effective January 1, 2013 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 1368, effective 1/1/2022. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-302 Use of Tags

A. In addition to meeting requirements prescribed under A.R.S. § 17-331, a person who takes wildlife shall have in possession any tag required for the particular season or hunt area.

B. A tag obtained in violation of statute or rule is invalid and shall not be used to take, transport, or possess wildlife.

C. A person who lawfully possesses both a nonpermit-tag and a hunt permit-tag shall not take a genus or species in excess of the bag limit established by Commission Order for that genus or species.

D. A person shall:

1. Take and tag only the wildlife identified on the tag.

2. Use a tag only in the season and hunt for which the tag is valid as specified by Commission Order.

E. Except as permitted under R12-4-217, a person shall not:

1. Allow their tag to be attached to wildlife killed by another person,

2. Allow their tag to be possessed by another person while taking wildlife,

Allow wildlife killed by that person to be tagged with another person's tag,

4. Attach their tag to wildlife killed by another person, or

5. Possess a tag issued to another person while taking wildlife.

Subsections (2) and (5) do not apply to a tag issued to a person under 18 years of age.

F. Except as permitted under R12-4-217, immediately after a person kills wildlife, the person shall attach:

1. The tag to the wildlife carcass in the manner indicated on the tag, or

The validation code to the wildlife carcass in the manner indicated by the Department through the person's electronic device.

G. A person who authorizes another person to possess, transport, or ship a portion of their lawfully taken animal shall complete the transportation and shipping portion of the tag in the manner indicated on the tag or by the Department through the person's electronic device, as applicable.

H. a tag is no longer valid for the take of wildlife if:

1. The tag is mutilated or the Transportation and Shipping Permit portion of the tag is signed or filled out, or

2. The validation code is attached to a carcass.

History

• Former Section R12-4-51 renumbered as Section R12-4-302 without change effective August 13, 1981 (Supp. 81-4). Amended subsections (A), (D), (E), and repealed subsection (G) effective May 12, 1982 (Supp. 82-3). Amended effective March 23, 1983 (Supp. 83-2). Amended subsection (F) effective October 31, 1984 (Supp. 84-5). Amended subsections (A), (D), (F) and (G) and added a new Section (H) effective June 4, 1987 (Supp. 87-2). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Section R12-4-302 repealed, new Section R12-4-302 adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Section repealed, new Section adopted effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 12 A.A.R. 683, effective April 8, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 2966, effective 2/7/2022.

Ariz. Admin. Code § R12-4-303 Unlawful Activities, Ammunition, Devices, and Methods

A. In addition to the prohibitions prescribed under A.R.S. §§ 17-301 and 17-309, the following activities, ammunition, devices, and methods are unlawful in this state:

1. A person shall not use any of the following to take wildlife:

a. Fully automatic firearms, including firearms capable of selective automatic fire.

b. Tracer or armor-piercing ammunition designed for military use.

c. Any smart device as defined under R12-4-301.

d. Any self-guided projectiles.

2. A person shall not take big game using full-jacketed or total-jacketed bullets that are not designed to expand upon impact,

3. A person shall not use or possess any of the following while taking wildlife:

a. Poisoned projectiles or projectiles that contain explosives or a secondary propellant.

b. Pitfalls of greater than 5-gallon size, explosives, poisons, or stupefying substances, except as permitted under A.R.S. § 17239 or as allowed by a scientific collecting permit issued under A.R.S. § 17-238.

c. Any lure, attractant, or cover scent containing any cervid urine.

d. Electronic night vision equipment, electronically enhanced light-gathering devices, thermal imaging devices or laser sights projecting a visible light; except for devices such as laser range finders projecting a non-visible light, scopes with self-illuminating reticles, and fiber optic sights with self-illuminating sights or pins that do not project a visible light onto an animal.

4. A person shall not by any means:

a. Hold wildlife at bay other than during daylight hours, unless authorized by Commission Order.

b. Injure, confine, place, or use a tracking device in or on wildlife for the purpose of taking or aiding in the take of wildlife.

c. Place any substance, device, or object in, on, or by any water source to prevent wildlife from using that water source.

d. Place any substance in a manner intended to attract bears.

e. Use a manual or powered jacking or prying device to take reptiles or amphibians.

f. Use dogs to pursue, tree, corner or hold at bay any wildlife for a hunter, unless that hunter is present for the entire hunt.

g. Take migratory game birds, except Eurasian collared-doves:

i. Using a shotgun larger than 10 gauge, a shotgun of any description capable of holding more than three shells unless it is plugged with a one-piece filler that cannot be removed without disassembling the shotgun so that its total capacity does not exceed three shells.

ii. Using electronically amplified bird calls or baits.

iii. By means or aid of any motor driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird.

iv. Activities described under subsections (A)(4)(g)(i) through (A)(4)(g)(iii) are prohibited under 50 C.F.R. 20.21, revised October 1, 2015. The material incorporated by reference in this Section does not include any later amendments or editions. The incorporated material is available at any Department office, online from the Government Printing Office website www.gpoaccess.gov, or may be ordered from the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

h. Use or discharge any of the following devices while taking wildlife within one-fourth mile (440 yards) of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident:

i. Arrow or bolt;

ii. Atlatl throwing dart;

ii.iii. Hybrid device; or

iii.iv. Pneumatic weapon .35 caliber or larger.

i. Participate in, organize, promote, sponsor, or solicit participation in a contest where a participant uses or intends to use any device or implement to capture or kill predatory animals or fur-bearing animals as defined under A.R.S. § 17-101. For the purposes of this subsection, "contest" means a competition among participants where participants must register or record entry and pay a fee, and prizes or cash are awarded to winning or successful participants.

5. A person shall not place, maintain, or use a trail camera, or images, video, to include location, time, or data from a trail camera, for the purpose of taking or aiding in the take of wildlife or locating wildlife for the purpose of taking or aiding in the take of wildlife.

6. A person shall not use images of wildlife produced or transmitted from a satellite or other device that orbits the earth for the purpose of:

a. Taking or aiding in the take of wildlife, or

b. Locating wildlife for the purpose of taking or aiding in the take of wildlife.

c. This subsection does not prohibit the use of mapping systems or programs.

7. A person shall not use edible or ingestible substances to aid in taking big game. The use of edible or ingestible substances to aid in taking big game is unlawful when:

a. A person places edible or ingestible substances for the purpose of attracting or taking big game, or

b. A person knowingly takes big game with the aid of edible or ingestible substances placed for the purpose of attracting wildlife to a specific location.

8. Subsection (A)(7) does not limit Department employees or Department agents in the performance of their official duties.

9.8. For the purposes of subsection (A)(7), edible or ingestible substances do not include any of the following:

a. Water.

b. Salt.

c. Salt-based materials produced and manufactured for the livestock industry.

d. Nutritional supplements produced and manufactured for the livestock industry and placed during the course of livestock or agricultural operations.

9. A person shall not place, maintain, or use an audio location device for the purpose of taking or aiding in the take of terrestrial wildlife or locating wildlife for the purpose of taking or aiding in the take of terrestrial wildlife.

10. A person shall not aid, assist, direct, lead or instruct a person in the field to locate or take wildlife, if the person's privilege to guide is currently revoked pursuant to A.R.S. §§ 17-340 or 17-362 and the original revocation period was for five or more years.

B. It is unlawful for a person who is a prohibited possessor to take wildlife with a deadly weapon or prohibited weapon.

C. Wildlife taken in violation of this Section is unlawfully taken.

D. This Section does not apply to any activity allowed under A.R.S. § 17-302, to a person acting within the scope of their official duties as an employee of the state or United States, or as authorized by the Department.

History

• Amended effective May 3, 1976 (Supp. 76-3). Amended effective April 29, 1977 (Supp. 77-2). Amended effective September 7, 1978 (Supp. 78-5). Former Section R12-4-52 renumbered as Section R12-4-303 without change effective August 13, 1981 (Supp. 81-4). Amended effective March 28, 1983 (Supp. 83-2). Amended subsections (A) and (C) effective October 31, 1984 (Supp. 84-5). Amended effective June 4, 1987 (Supp. 87-2). Former Section R12-4-303 repealed, new Section R12-4-303 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-303 repealed, new Section R12-4-303 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 25 A.A.R. 2473, effective 11/3/2019. Amended by final rulemaking at 27 A.A.R. 1368, effective 1/1/2022. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-304 Lawful Methods for Taking Wild Mammals, Birds, and Reptiles

A. A hybrid device is lawful for the take of wildlife provided all components of the device are authorized for the take of that species under this Section.

B. A person may only use the following methods to take big game when authorized by Commission Order and subject to the restrictions under R12-4-303 and R12-4-318.

1. To take bear:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs, only;

g. Pre-charged pneumatic weapons .35 caliber or larger;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges;

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(1)(i) to be drawn and held with an assisting device; and

k. Pursuit with dogs only between August 1 and December 31, provided the person shall immediately kill or release the bear after it is treed, cornered, or held at bay. For the purpose of this subsection, "release" means the person removes the dogs from the area so the bear can escape on its own after it is treed, cornered, or held at bay.

2. To take bighorn sheep:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs, only;

g. Pre-charged pneumatic weapons .35 caliber or larger;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges; and

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(2)(i) to be drawn and held with an assisting device.

3. To take bison:

a. Statewide, except for the management units identified under subsection (B)(3)(b):

i.a. Centerfire rifles;

ii.b. Muzzleloading rifles;

iii.c. All other rifles using black powder or synthetic black powder;

d. Shotguns shooting slugs, only;

iv.e. Centerfire handguns no less than .41 Magnum or centerfire handguns with an overall cartridge length of no less than two inches;

v.f. Pre-charged pneumatic weapons .40 caliber or larger and capable of firing a minimum of 500 foot pounds of energy;

vi.g. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second; and

vii.h. Bows with a standard pull of 40 or more pounds, using arrows with broadheads of no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges;

viii.i. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(3)(h) to be drawn and held with an assisting device.

b. In Management Units 5A and 5B:

i. Centerfire rifles,

ii. Muzzleloading rifles, and

iii. All other rifles using black powder or synthetic black powder.

4. To take deer:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs, only;

g. Pre-charged pneumatic weapons .35 caliber or larger;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges; and

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(4)(i) to be drawn and held with an assisting device.

5. To take elk:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs, only;

g. Pre-charged pneumatic weapons .40 caliber or larger and capable of firing a minimum of 500 foot pounds of energy;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges; and

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(5)(i) to be drawn and held with an assisting device.

6. To take javelina:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs, only;

g. Pre-charged pneumatic weapons .35 caliber or larger;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges;

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(6)(i) to be drawn and held with an assisting device;

k. .22 rimfire magnum rifles; and

l. 5 mm rimfire magnum rifles.

m. Atlatl throwing dart no less than five feet in length and no more than eight feet in length, equipped with a sharpened head having a blade no less than 7/16 inch cutting radius from the center of the shaft with metal, ceramic-coated metal, or ceramic cutting edges.

7. To take mountain lion:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs or shot;

g. Pre-charged pneumatic weapons .35 caliber or larger;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges;

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(7)(i) to be drawn and held with an assisting device;

k. Artificial light, during seasons with day-long hours, provided the light is not attached to or operated from a motor vehicle, motorized watercraft, watercraft under sail, or floating object towed by a motorized watercraft or a watercraft under sail; and

l. Pursuit with dogs, provided the person shall immediately kill or release the mountain lion after it is treed, cornered, or held at bay. For the purpose of this subsection, "release" means the person removes the dogs from the area so the mountain lion can escape on its own after it is treed, cornered, or held at bay.

8. To take pronghorn antelope:

a. Centerfire rifles;

b. Muzzleloading rifles;

c. All other rifles using black powder or synthetic black powder;

d. Centerfire handguns;

e. Muzzleloading handguns;

f. Shotguns shooting slugs, only;

g. Pre-charged pneumatic weapons .35 caliber or larger;

h. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

i. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges; and

j. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(8)(i) to be drawn and held with an assisting device.

9. To take turkey:

a. Shotguns shooting shot;

b. Bows with a standard pull of 30 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges;

c. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (B)(9)(b) to be drawn and held with an assisting device;

d. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second; and

e. Atlatl throwing dart no less than five feet in length and no more than eight feet in length, equipped with a sharpened head having a blade no less than 7/16 inch cutting radius from the center of the shaft with metal, ceramic-coated metal, or ceramic cutting edges.

C. A person may only use the following methods to take small game when authorized by Commission Order and subject to the restrictions under R12-4-303, R12-4-318, and R12-4-422.

1. To take cottontail rabbits and tree squirrels:

a. Firearms,

b. Bow and arrow,

c. Crossbow,

d. Pneumatic weapons,

e. Slingshots,

f. Hand-held projectiles,

g. Falconry, and

h. Dogs.

2. To take all upland game birds and Eurasian collared-dove:

a. Bow and arrow;

b. Falconry;

c. Pneumatic weapons;

d. Shotguns shooting shot, only;

e. Handguns shooting shot, only;

f. Crossbow;

g. Slingshot;

h. Hand-held projectiles; and

i. Dogs.

3. To take migratory game birds, except Eurasian collared-dove:

a. Bow and arrow;

b. Crossbow;

c. Falconry;

d. Dogs;

e. Shotguns shooting shot:

i. Ten gauge or smaller, except that lead shot shall not be used or possessed while taking ducks, geese, swans, mergansers, gallinules, or coots; and

ii. Incapable of holding more than a total of three shells as prescribed under 50 C.F.R. 20.21, published October 1, 2015. The material incorporated by reference in this subsection does not include any later amendments or editions. The material is available at any Department office, online from the Government Printing Office website www.gpoaccess.gov, or may be ordered from the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

D. A person may take waterfowl from any watercraft, except a sinkbox, subject to the following conditions:

1. The motor is shut off, the sail is furled, as applicable, and any progress from a motor or sail has ceased;

2. The watercraft may be:

a. Adrift as a result of current or wind action;

b. Beached;

c. Moored;

d. Resting at anchor; or

e. Propelled by paddle, oars, or pole; and

3. The person may only use the watercraft under power to retrieve dead or crippled waterfowl; shooting is prohibited while the watercraft is under power.

E. A person may only use the following methods to take predatory and fur-bearing animals when authorized by Commission Order and subject to the restrictions under R12-4-303 and R12-4-318:

1. Firearms;

2. Pre-charged pneumatic weapons .22 caliber or larger;

3. Bow and arrow;

4. Crossbow;

5. Traps not prohibited under R12-4-307;

6. Artificial light while taking raccoon provided the light is not attached to or operated from a motor vehicle, motorized watercraft, watercraft under sail, or floating object towed by a motorized watercraft or a watercraft under sail;

7. Artificial light while taking coyote during seasons with day-long hours, provided the light is not attached to or operated from a motor vehicle, motorized watercraft, watercraft under sail, or floating object towed by a motorized watercraft or a watercraft under sail; and

8. Dogs.

F. A person may take nongame mammals and birds by any method authorized by Commission Order and not prohibited under R12-4-303, R12-4-318, and R12-4-422, subject to the following restrictions. A person:

Shall not take nongame mammals and birds using foothold traps;

2. Shall check pitfall traps of any size daily, release non-target species, remove pitfalls when no longer in use, and fill any holes;

3. Shall not use firearms at night; and

4. May use artificial light while taking nongame mammals and birds, if the light is not attached to or operated from a motor vehicle, motorized watercraft, watercraft under sail, or floating object towed by a motorized watercraft or a watercraft under sail.

G. A person may only use the following methods to take hooved nongame mammals when authorized by Commission Order and subject to the restrictions under R12-4-303 and R12-4-318:

1. Centerfire rifles;

2. Muzzleloading rifles;

3. All other rifles using black powder or synthetic black powder;

Centerfire handguns;

Muzzleloading handguns;

6. Shotguns shooting slugs, only;

Pre-charged pneumatic weapons .40 caliber or larger and capable of firing a minimum of 500 foot pounds of energy;

8. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second;

9. Bows with a standard pull of 40 or more pounds, using arrows with broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges; and

10. Crossbows with a minimum draw weight of 125 pounds, using bolts with a minimum length of 16 inches and broadheads no less than 7/8 inch in width with metal, ceramic-coated metal, or ceramic cutting edges or bows as described in subsection (G)(9) to be drawn and held with an assisting device.

G. H. A person may take reptiles by any method not prohibited under R12-4-303 or R12-4-318 subject to the following restrictions. A person:

1. Shall check pitfall traps of any size daily, release non-target species, remove pitfalls when no longer in use, and fill any holes;

2. Shall not use firearms at night; and

3. May use artificial light while taking reptiles provided the light is not attached to or operated from a motor vehicle, motorized watercraft, watercraft under sail, or floating object towed by a motorized watercraft or a watercraft under sail.

History

• Amended effective May 21, 1975 (Supp. 75-1). Amended effective May 3, 1976 (Supp. 76-3). Amended effective October 20, 1977 (Supp. 77-5). Amended effective January 11, 1978 (Supp. 78-1). Amended effective September 7, 1978 (Supp. 78-5). Amended effective November 14, 1979 (Supp. 79-6). Amended effective July 22, 1980 (Supp. 80-4). Former Section R12-4-53 renumbered as Section R12-4-304 without change effective August 13, 1981 (Supp. 81-4). Amended effective May 12, 1982 (Supp. 82-3). Amended effective April 7, 1983 (Supp. 83-2). Amended subsection (I) effective June 7, 1984 (Supp. 84-3). Amended effective February 28, 1985 (Supp. 85-1). Amended effective September 16, 1985 (Supp. 85-5). Amended effective June 4, 1987 (Supp. 87-2). Former Section R12-4-304 repealed, new Section R12-4-304 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-304 repealed, new Section R12-4-304 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Former Section R12-4-304 repealed, new Section R12-4-304 adopted effective February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 8 A.A.R. 1702, effective March 11, 2002 (Supp. 02-1). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by exempt rulemaking at 17 A.A.R. 2629, effective December 9, 2011 (Supp. 11-4). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-305 Possessing, Transporting, Importing, Exporting, and Selling Carcasses or Parts of Wildlife

A. A person shall ensure that evidence of legality remains with the carcass or parts of a carcass of any wildlife that the person possesses, transports, or imports until arrival at the person's permanent abode, a commercial processing plant, or the place where the wildlife is to be consumed.

B. In addition to the requirement under subsection (A), a person possessing or transporting the following wildlife shall ensure each:

1. Big game animal and sandhill crane has the required valid tag attached in the manner indicated on the tag, as indicated by the Department through the person's electronic device, or as permitted under R12-4-302(E)(6), as applicable;

2. Migratory game bird, except sandhill cranes, has one fully feathered wing attached;

3. Sandhill crane and Eurasian-collared dove has either the fully feathered head or one fully feathered wing attached;

4. Quail has attached a fully feathered head, or a fully feathered wing, or a leg with foot attached; and

5. Freshwater fish has the head, tail, or skin attached so the species can be identified and the total number and required length determined.

C. A person who has lawfully taken wildlife that requires a valid tag when prescribed by the Commission may authorize its transportation or shipment by completing and signing the Transportation and Shipping Permit portion of the valid tag or as indicated by the Department through the person's electronic device, as applicable, for that animal. A separate Transportation and Shipping Permit issued by the Department is necessary to transport or ship to another state or country any big game taken with a resident license. Under A.R.S. § 17-372(B), a person may ship other lawfully taken wildlife by common carrier after obtaining a valid Transportation and Shipping Permit issued by the Department. The person shall provide the following information:

Number and description of the wildlife to be transported or shipped;

2. Name, address, license number, and license class of the person who took the wildlife;

3. Tag number;

4. Name and address of the person receiving a portion of the carcass of the wildlife as authorized under subsection (D), if applicable;

5. Address of destination where the wildlife is to be transported or shipped; and

6. Name and address of transporter or shipper.

D. A person who lawfully takes wildlife under a tag may authorize another individual to possess the head or carcass of the wildlife as prescribed under R12-4-302.

E. A person who receives a portion of the wildlife shall provide the identity of the person who took and gave the portion of the wildlife upon request to any peace officer, wildlife manager, or game ranger.

F. A person shall not possess the horns of a bighorn sheep, taken by a hunter in this state, unless the horns are marked or sealed as established under R12-4-308.

G. Except as provided under R12-4-307, before a person may sell, offer for sale, or export the raw pelt or unskinned carcass of a bobcat taken in this state, the person shall:

Present the bobcat for inspection at any Department office, and

2. Purchase a bobcat seal by paying the fee established under R12-4-102 at any Department office or other location as determined and published by the Department. Department personnel or an authorized agent shall attach and lock the bobcat seal only to a pelt or unskinned carcass presented with a validated transportation tag.

H. A person who takes bear or mountain lion under A.R.S. § 17-302 may retain the carcass of the wildlife if the person has a valid hunting license and the carcass is immediately tagged with a nonpermit-tag, valid hunt permit-tag, or electronic tag as required under R12-4-114 and R12-4-302, provided the person has not reached the applicable bag limit for that big game animal. An animal retained under this subsection shall count toward the applicable bag limit for bear or mountain lion as authorized by Commission Order. The person shall comply with inspection and reporting requirements established under R12-4-308.

I. A person may possess, transport, or import only the following portions of a cervid lawfully taken in another state, country, or designated CWD Management Zone:

1. Boneless portions of meat, or meat that has been cut and packaged either personally or commercially.

2. Quarters or other portions of meat with no part of the head, brain tissue, or spinal column attached, except as required for proof of legality provided the cervid quarters and portions are being transported directly to a licensed meat processor located within this State.

2.3. Clean hides and capes with no head, brain tissue, or spinal column attached, except as required for proof of legality.

3.4. Clean skulls and skull plates with or without hard antlers with no brain tissue or spinal column attached,. This includes antlers in the velvet stage, provided they are attached to a clean skull or skull plate with no brain or spinal tissue attached and are being transported directly to a licensed taxidermist located within this State.

4.5. Finished taxidermy mounts or products.

5.6. Upper canine teeth with no meat or tissue attached.

Edible organs, such as heart, liver, and kidneys, that have been removed from the cervid's body cavity.

8. For the purposes of this Section, "CWD Management Zone" means the geographic area that surrounds the area where CWD is initially detected. A CWD Management Zone is established to control access to and from the designated area to ensure the appropriate sanitary disposal of cervid carcasses or parts.

J. For a cervid taken in another state or country, or in a designated CWD Management Zone, the cervid parts identified in Subsection (I) may be transported in Arizona, however, a person is:

1. Prohibited from disposing of any remaining unused tissue that is a byproduct of processing on public or private property, and

2. Shall ensure the unused tissue is placed in a domestic or commercial trash receptacle designated for disposal at a commercial landfill or incinerator.

J. K. A private game farm license holder may transport a cervid lawfully killed or slaughtered at the license holder's game farm to a licensed meat processor.

K. L. A person may possess or transport only the following portions of a cervid lawfully killed or slaughtered at a private game farm authorized under R12-4-413:

1. Quarters or other portions of meat with no part of the head, brain tissue, or spinal column attached, except as required for proof of legality;

2. Clean hides and capes with no head, brain tissue, or spinal column attached, except as required for proof of legality;

3. Clean skulls and skull plates with antlers with no brain tissue or spinal column attached, including antlers in the velvet stage;

4. Finished taxidermy mounts or products;

5. Upper canine teeth with no meat or tissue attached; and

6. Edible organs, such as heart, liver, and kidneys, that have been removed from the cervid's body cavity.

L. M. A person who obtains bison meat as authorized under R12-4-306 may sell the meat.

M. N. Except for cervids, which are subject to requirements established under subsections N. (I) through (L), a person may import into this state the carcasses or parts of wildlife, including aquatic wildlife, lawfully taken in another state or country if transported and exported in accordance with the laws of the state or country of origin.

N. O. A person shall not transport live crayfish from the site where taken, except as permitted under R12-4-314.

O. P. A person in possession of a common carp ( Cyprinus carpio ), buffalofish ( Ictiobus spp.), or crayfish (families Astacidae, Cambaridae , and Parastacidae ) carcass taken under Commission Order may sell the carcass.

History

• Amended effective May 3, 1976 (Supp. 76-3). Former Section R12-4-54 renumbered as Section R12-4-305 without change effective August 13, 1981 (Supp. 81-4). Amended effective May 12, 1982 (Supp. 82-3). Amended effective June 14, 1983 (Supp. 83-3). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Section repealed, new Section adopted effective April 1, 1997; filed in the Office of the Secretary of State July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 12 A.A.R. 683, effective April 8, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 2966, effective 2/7/2022. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-306 Bison Hunt Requirements

A. When authorized by Commission Order, the Department shall conduct a hunt to harvest bison from the state's bison herds.

B. A hunter with a bison permit-tag, valid nonpermit-tag, or electronic tag for the House Rock Wildlife Area or Raymond Wildlife Area herd shall:

1. Attend a hunter orientation meeting, which may include requiring the hunter to:

2.a. Hunt in the order scheduled.

b. Hunt in the assigned hunt area.

3.2. Allow a Department employee to:

a. Designate the bison to be harvested to achieve management objectives, and

b. Assist in taking the bison if the hunter fails to dispatch a wounded bison within a reasonable period of time.

4. Take only the bison designated by the Department employee.

3. Provide a signed written acknowledgment that the hunter received, read, understands, and agrees to comply with the requirements of this Section.

C. Failure to comply with the requirements of subsection (B) shall result in the invalidation of the hunter's permit-tag, nonpermit-tag, or electronic tag, consistent with the written acknowledgment signed and agreed to by the hunter.

C. D. A hunter issued a bison permit-tag, valid nonpermit-tag, or electronic tag shall check out using the Department's online hunter questionnaire no more than three days after the end of the hunt, regardless of whether the hunter harvested a bison or did not participate in the bison hunt.

1. House Rock Herd (Units 12A, 12B, and 13A): a hunter may check out either in person, electronically, or by telephone with the Department's Flagstaff regional office or Jacob Lake Check station, when open during deer season.

2. Raymond Herd (Units 5A and 5B):

a. A hunter may check out either in person, electronically, or by telephone with the Department's Flagstaff regional office, or when required, with the Raymond Wildlife Area headquarters.

b. A hunter may be required to present the harvested bison to the Department for the purpose of gathering biological data when the bison was taken in Units 5A or 5B and a Department employee did not accompany the hunter during the bison hunt.

3. At the time of check out, the hunter shall provide all of the following information:

a. Hunter's name,

b. Hunter's contact number,

c. Tag number,

d. Sex of bison taken,

e. Age of the bison taken: adult or yearling,

f. Number of days hunted, and

g. Number of bison seen while hunting.

4. An shall conduct the check out at the end of the hunt.

D. E. A hunter who harvests a bison may be required to submit a biological sample, such as teeth, blood samples, or parts of the carcass when required by Commission Order.

History

• Former Section R12-4-55 renumbered as Section R12-4-306 without change effective August 13, 1981 (Supp. 81-4). Amended subsections (A), (B), and (D) effective May 12, 1982 (Supp. 82-3). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-307 Trapping Regulations, Licensing; Methods; Tagging of Bobcat Pelts

A. An Arizona trapping license permits a person to trap predatory and fur-bearing animals.

B. A trapping license is required for any person 10 years of age and older. A person under the age of 10 is not required to purchase a trapping license, but shall apply for and obtain a registration number. The trapper registration number is not transferable.

C. A person born on or after January 1, 1967 shall successfully complete a Department-approved trapping education course before applying for a trapping license.

D. A person applying for a trapping registration number or trapping license shall pay the applicable fees established under R12-4-102.

E. A person applying for a trapping registration number or trapping license shall apply using a form furnished by the Department. The form is available at any Department office and online at www.azgfd.gov. The person shall provide all of the following information on the form:

1. Applicant's:

a. Full name, address, and telephone number;

b. Date of birth and physical description;

2. Identification number assigned by the Department;

1. The applicant's personal information:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number;

e. Residency status and number of years of residency immediately preceding application, when applicable;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

3. 2. Category of license:

a. Resident,

b. Nonresident, or

c. Youth, and

4. 3. The applicant's signature and date.

F. A trapper may only trap predatory and fur-bearing animals during trapping seasons established by Commission Order.

G. A trapper shall:

1. Inspect traps daily;

2. Kill or release all predatory and fur-bearing animals;

3. Possess a choke restraint device that enables the trapper to release a javelina from a trap when trapping in a javelina hunt unit as designated by Commission Order;

4. Possess a device that is designed or manufactured to restrain a trapped animal while it is being removed from a trap when its release is required under this Section; and

5. Release, without additional injury, all animals that cannot lawfully be taken by trap.

6. Subsections (G)(3) and (G)(4) do not apply when the trapper is using a confinement trap.

H. A trapper shall not:

1. Bait a confinement trap with:

a. A live animal;

b. Any edible parts of small game, big game, or game fish; or

c. Any part of any game bird or nongame bird.

2. Set any trap within:

a. One-half mile (880 yards) of any of the following areas developed for public use:

i. Boat ramp or launching area,

ii. Camping area,

iii. Picnic area,

iv. Roadside rest area, or

v. Developed wildlife viewing platform.

b. One-half mile of any occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.

c. One-hundred yards of an interstate highway or any other highway maintained by the Arizona Department of Transportation.

d. Fifty feet of any trail maintained for public use by a government agency.

e. Seventy-five feet of any other road as defined under A.R.S. § 17-101.

f. Subsections (H)(2)(b), (H)(2)(c), (H)(2)(d), and (H)(2)(e) do not apply when the trapper is using a confinement trap.

3. Set a foothold trap within 30 feet of sight-exposed bait.

4. Use any:

a. Body-gripping or other instant kill trap with an open jaw spread that exceeds 5 inches for any land set or 10 inches for any water set;

b. Foothold trap with an open jaw spread that exceeds 7 1/2 inches for any water set;

c. Snare, unless authorized under subsection (I);

d. Trap with an open jaw spread that exceeds 6 1/2 inches for any land set; or

e. Trap with teeth.

I. A trapper who uses a foothold trap to take wildlife with a land set shall use commercially manufactured traps that meet the following specifications:

1. A padded or rubber-jawed trap or an unpadded trap with jaws permanently offset to a minimum of 3/16 inch and a device that allows for pan tension adjustment;

2. A foothold trap that captures wildlife by means of an enclosed bar or spring designed to prevent the capture of non-targeted wildlife or domestic animals; or

3. A powered cable device with an inside frame hinge width no wider than 6 inches, a cable loop stop size of at least 2 inches in diameter to prevent capture of small non-target species, and a device that allows for a pan tension adjustment.

J. A trapper who uses a foothold trap to take wildlife with a land set shall ensure that the trap has an anchor chain equipped with at least two swivels as follows:

1. An anchor chain 12 inches or less in length shall have a swivel attached at each end.

2. An anchor chain greater than 12 inches in length shall have one swivel attached at the trap and one swivel attached within 12 inches of the trap. The anchor chain shall be equipped with a shock-absorbing spring that requires less than 40 pounds of force to extend or open the spring.

K. A trapper shall ensure that each trap has either the name and address or the registration number of the trapper marked on a metal tag attached to the trap. The registration number assigned by the Department is the only acceptable registration number.

L. A trapper shall immediately attach a valid bobcat transportation tag to the pelt or unskinned carcass of a bobcat taken in this state. The trapper shall validate the transportation tag by providing all of the following information on the bobcat transportation tag:

1. Current trapping license number,

2. Management unit where the bobcat was taken,

3. Sex of the bobcat, and

4. Method by which the bobcat was taken.

M. The Department shall provide transportation tags with each trapping license. Additional transportation tags are available at any Department office at no charge.

N. A trapper shall ensure that all bobcats taken in this state have a bobcat seal attached and locked either through the mouth and an eye opening or through both eye openings no later than April 1 of each year.

1. When available, bobcat seals are issued on a first-come, first-served basis at Department offices and other locations at those times and places as determined and published by the Department.

2. The trapper shall pay the bobcat seal fee established under R12-4-102.

3. Department personnel or an authorized agent shall attach and lock a bobcat seal only to a pelt or unskinned carcass presented with a validated transportation tag and a complete lower jaw identified with labels provided with the transportation tag. Department personnel or authorized agents shall collect the transportation tags and jaws before attaching the bobcat seal.

O. Department personnel shall attach a bobcat seal to a bobcat pelt seized under A.R.S. § 17-211(E)(4) before disposal by the Department to the public.

P. A licensed trapper shall file the annual report prescribed under A.R.S. § 17-361(D). The report form is available at any Department office and online at www.azgfd.gov.

1. The trapper shall submit the report to Arizona Game and Fish Department, Terrestrial Wildlife Branch, 5000 W. Carefree Highway, Phoenix, AZ 85086 by April 1 of each year.

2. A report is required even when trapping activities were not conducted.

The Department shall deny a trapping license to any trapper who fails to submit an annual report until the trapper complies with reporting requirements.

Q. Persons suffering property loss or damage due to wildlife and who take responsive measures as permitted under A.R.S. §§ 17-239 and 17-302 are exempt from this Section. This exemption does not authorize any form of trapping prohibited under A.R.S. § 17-301.

History

• Repealed effective May 3, 1976 (Supp. 76-3). New Section R12-4-56 adopted effective September 2, 1977 (Supp. 77-5). Amended effective December 27, 1979 (Supp. 79-6). Former Section R12-4-56 renumbered as Section R12-4-307 without change effective August 13, 1981. New Section R12-4-307 amended effective August 31, 1981 (Supp. 81-4). Amended effective August 4, 1982 (Supp. 82-4). Correction, Former Section R12-4-56 renumbered as Section R12-4-307 without change effective August 13, 1981 should read "effective August 31, 1981." Amended as an emergency effective March 29, 1983 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-2). Amended subsections (B), (C)(6), (7), and (8) and added subsection (I)(5) as a permanent rule effective August 27, 1984 (Supp. 84-4). Amended subsection (C), paragraph (4), subsection (D), subsection (H), paragraph (1), subsection (I), paragraphs (3), (4) and (5) effective September 12, 1986 (Supp. 86-5). Amended effective March 1, 1994; filed in the Office of the Secretary of State November 23, 1993; Exhibit A - "Trapping Report" Form 2050, repealed from Section R12-4-307 (Supp. 93-4). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Corrected mislabeled subsection "C" to subsection "D" as per the Commission's request July 22, 1997 (Supp. 97-2). Amended effective February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 8 A.A.R. 1702, effective March 11, 2002 (Supp. 02-1). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-308 Wildlife Inspections; Check Stations; Roadblocks; Harvest Reporting; Hunt Surveys

A. The Department has the authority to establish mandatory wildlife check stations.

1. The Department shall publish in the Commission Order establishing the season the:

a. Location,

b. Check in requirements, and

c. Check out requirements for that specific season.

2. The Department shall ensure a wildlife check station with a published:

a. Check in requirement is open:

i. 8:00 a.m. the day before the season until 8:00 p.m. the first day of the season, and

ii. 8:00 a.m. to 8:00 p.m. during each day of the season.

b. Check out requirement is open:

i. 8:00 a.m. to 8:00 p.m. during each day of the season, and

ii. Until 12:00 p.m. on the day after the close of the season.

3. A hunter shall:

a. Check in at a wildlife check station in person before hunting when the Department includes a check in requirement in the Commission Order for that season;

b. Check out at a wildlife check station in person after hunting when the Department includes a check out requirement in the Commission Order for that season and shall:

i. Present for inspection any wildlife taken; and

ii. Display any license, tag, or permit required for taking or transporting wildlife.

B. The Department may conduct inspections of lawfully taken wildlife at the Department's Phoenix and regional offices or designated locations during the posted business hours.

1. A bighorn sheep hunter shall check out either in person or by designee within three days after the close of the season. The hunter or designee shall submit the intact horns and skull for inspection and photographing. A Department representative shall affix a mark or seal to one horn of each bighorn sheep lawfully taken under Commission Order. It is unlawful for any person to remove, alter, or obliterate the mark or seal.

2. A hunter who harvests a bear or mountain lion shall:

a. Report information about the kill to the Department either in person or by telephone within 48 hours of taking the wildlife. The report shall include the:

i. Name of the hunter;

ii. Hunter's hunting license number;

iii. Sex of the wildlife taken;

iv. Management unit where the wildlife was taken;

v. Hunter's email address, when available;

v.vi. Telephone number where the hunter can be reached for additional information; and

vi.vii. Any additional information required by the Department.

b. Present either in person or by designee the skull, hide, and attached proof of sex for inspection within 10 days of taking the wildlife. If a hunter freezes the skull or hide before presenting it for inspection, the hunter shall prop the jaw open to allow access to the teeth and ensure that the attached proof of sex is identifiable and accessible.

3.C. For seasons other than bear, bighorn sheep, or mountain lion, a hunter who harvests wildlife for which a harvest limit is established shall report information about the kill either in person, by telephone, or through the person's electronic device, as applicable, within 48 hours of taking the wildlife. The report shall include the information required under subsection (B)(2)(a).

D. When required by Commission Order:

1. A hunter who is issued a permit-tag, nonpermit-tag, or electronic tag shall submit to the Department a completed hunter survey within 30 days following the close of the season.

2. A hunter who harvests wildlife may be required to submit a biological sample, such as teeth or parts of the carcass, within 10 days of taking the wildlife.

C. E. The Director may establish vehicle roadblocks at specific locations when necessary to ensure compliance with applicable wildlife laws. Any occupant of a vehicle at a roadblock shall, upon request, present for inspection all wildlife in possession, and provide evidence of legality as defined under R12-4-301.

F. It is unlawful for any person to submit a false report under this Section.

D. G. This Section does not limit the game ranger or wildlife manager's authority to conduct stops, searches, and inspections authorized under A.R.S. §§ 17-211(E), 17-250(A)(4), and 17-331, or to establish voluntary wildlife survey stations to gather biological information.

History

• Amended effective June 29, 1978 (Supp. 78-3). Former Section R12-4-57 renumbered as Section R12-4-308 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-308 repealed, new Section R12-4-308 adopted effective May 12, 1982 (Supp. 82-3). Amended subsections (B), (D), and (F), and added subsection (G) effective July 3, 1984 (Supp. 84-4). Former Section R12-4-308 repealed, new Section R12-4-308 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-308 repealed, new Section R12-4-308 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective July 12, 1996 (Supp. 96-3). Amended effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 12 A.A.R. 683, effective April 8, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-309 Authorization for Use of Drugs on Wildlife

A. A person shall not administer any drug to any wildlife under the jurisdiction of the state, including but not limited to drugs used for fertility control, disease prevention or treatment, immobilization, or growth stimulation without written authorization from the Department or as otherwise provided under subsection (E). This authorization does not:

1. Exempt a person from any state or federal statute, rule, or regulation, or any municipal or county code or ordinance; or

2. Authorize a person to engage in any activity using federally protected wildlife.

B. A person requesting written authorization for the use of drugs on wildlife shall submit the request in writing to the Department at 5000 W. Carefree Highway, Phoenix, AZ 85086 and at least 120 days before the anticipated start date of the activity. The written request shall include all of the following:

1. A plan that includes:

a. The purpose and need for the proposed activity;

b. A clear statement of the objectives; for fertility control the statement shall include the target wildlife population goals or densities and the anticipated time-frame for meeting these objectives;

c. A description of the agent, drug, or method and any mandated labeling restrictions or limitations designed to reduce or minimize detrimental effects to wildlife and humans;

d. Required approvals, including, but not limited to, any federal or state agency approvals for specific use;

e. d. Citations of published scientific literature documenting field studies on the efficacy and safety for both target and non-target species, including predators, scavengers, and humans;

f. e. A description of the activity area;

g. f. A description of the target species population and current status;

h. g. A description of the field methodology for delivery that includes the following, as applicable:

i. Timing,

ii. Sex and number of animals to be treated,

iii. Percentage of the population to be treated,

iv. Calculated population effect, and

v. Short and long term monitoring and evaluation procedures.

2. Documentation regarding the experience and credentials of the applicant or the applicant's agents as it applies to the requested activity;

3. Written endorsement from the agency or institution; required when the applicant is a government agency, university, or other institution; and

4. 3. Written permission from landowners or lessees in all locations where the drug will be administered; and

4. Written endorsement from the agency or institution; required when the applicant is a government agency, university, or other institution. The person signing the written endorsement shall have the authority to execute the written endorsement on behalf of the agency or institution.

C. The Department shall notify the applicant of the Department's decision to grant or deny the request within 90 days. The Department has the authority to place conditions on the written authorization regarding:

1. Locations and time-frames,

2. Drugs and methodology,

Limitations,

4. Reporting requirements, and

5. Any other conditions deemed necessary by the Department.

D. A person with authorization shall:

1. Carry written authorization while engaged in the activity and exhibit it upon request to any peace officer, wildlife manager, or game ranger;

2. Allow Department personnel to be present to monitor activities for compliance, public safety, and proper treatment of animals;

3. Adhere to all drug label restrictions and precautions;

4. Provide an annual and final report:

a. The annual report shall include the number of animals treated, the level of treatment effect obtained to date, and any problems including mortalities or morbidities of target animals. The person shall submit the annual report to the Department by January 31 of each year or as otherwise specified in the written authorization.

b. The final report shall include the end results, including the number of wildlife treated and treatment effects on target and non-target wildlife, including mortalities, morbidities, and reproductive rate changes. The person shall submit the final report to the Department no later than 90 days after the completion of the project for which the permit was issued.

5. Comply with all conditions and requirements set forth in the written authorization.

E. This Section does not prohibit the treatment of wildlife by a licensed veterinarian or holder of a special license in accordance with R12-4-407(B)(2) and (8), R12-4-413(K)(5), R12-4-420(J)(3), activities as authorized under R12-4-418, R12-4-420, R12-4-421, and R12-4-423, a person exempt from special licensing under R12-4-407(A)(4) and (5), or reasonable lethal removal activities for wildlife control as authorized under A.R.S. § 17-239(A).

F. This Section does not limit:

1. Department employees or Department agents in the performance of their official duties related to wildlife management,

2. The practices of aquaculture facilities administered by the U.S. Fish and Wildlife Service, and commercial aquaculture facilities operating under a valid license from the Arizona Department of Agriculture, or

3. The use of supplements or drugs as a part of conventional livestock operations where those supplements may incidentally be consumed by wildlife.

G. The Department shall take possession of and dispose of any remaining wildlife drugs administered in violation of this Section and any devices and paraphernalia used to administer those drugs as authorized under A.R.S. §§ 17-211(E), 17-231(A), and 17-240(B).

H. Require the person with authorization to indemnify the Department against any injury or damage resulting from the use of animal drugs.

History

• Amended effective May 21, 1975 (Supp. 75-1). Amended effective May 3, 1976 (Supp. 76-3). Amended effective March 7, 1979 (Supp. 79-2). Former Section R12-4-58 renumbered as Section R12-4-309 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-309 repealed, new Section R12-4-309 adopted effective May 12, 1982 (Supp. 82-3). Amended subsection (A) effective July 3, 1984 (Supp. 84-4). Former Section R12-4-309 repealed, new Section R12-4-309 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-309 repealed, new Section R12-4-309 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective January 1, 1997; filed with the Office of the Secretary of State November 7, 1996 (Supp. 96-4). Amended effective January 1, 1999; filed with the Office of the Secretary of State December 4, 1998 (Supp. 98-4). Section repealed by final rulemaking at 8 A.A.R. 1702, effective March 11, 2002 (Supp. 02-1). New Section made by final rulemaking at 16 A.A.R. 1460, effective September 11, 2010 (Supp. 10-3). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-310 Fishing Permits

A. The Department may issue a fishing permit to state, county, or municipal agencies or departments and to nonprofit organizations whose primary purpose is to provide treatment and care for persons with physical, developmental, or mental disabilities.

B. The permit:

1. Is valid for any two days within a 30 day period;

2. Authorizes persons with physical, developmental, or mental disabilities to fish without a fishing license upon any public waters except that fishing in the waters of the Colorado River is restricted to fishing from the Arizona shoreline only, unless the persons fishing under the authority of the permit also possess a valid Colorado River stamp from the adjacent state; and

3. Does not exempt persons fishing under the authority of the permit from compliance with other statutes, Commission Orders, and rules not contained in this Section.

C. An applicant for a fishing permit shall submit a properly completed application to the Department. The application is furnished by the Department and is available from any Department office and online at www.azgfd.gov.

1. The applicant shall provide all of the following information:

a. The name, address, and telephone number of the agency, department, or nonprofit organization requesting the permit;

b. The name, position title, and telephone number of the persons responsible for supervising the persons fishing under the authority of the permit;

c. The total number of persons who will be fishing under the authority of the permit;

d. The dates for which the permit will be used; and

e. The location for which the permit will be valid.

2. In addition to the information required under subsection (C)(1), nonprofit organizations shall also submit:

a. A copy of the organization's articles of incorporation and evidence that the organization has tax-exempt status under Section 501(c) of the Internal Revenue Code, unless a current and correct copy is already on file with the Department; and

b. Document identifying the organization's mission.

D. The Department shall either grant or deny the fishing permit within the applicable overall time-frame established under R12-4-106.

E. The fishing permit holder shall provide instruction on fish identification, fishing ethics, safety, and techniques to the persons who will be fishing under authority of the permit the curriculum outline provided by the Department.

F. Each person fishing under the sole authority of the fishing permit may take only one-half the regular bag limit established by Commission Order for any species, unless the regular bag limit is one, in which case the permit authorizes the regular bag limit.

G. The permit holder shall submit a report to the Department no later than 30 days after the end of the authorized fishing dates. The report form is furnished by the Department and is available at any Department office. The permit holder shall report all of the following information on the form:

1. The fishing permit number and the information contained in the permit;

2. The total number of persons who fished and total hours fished;

3. The total number of fish caught, kept, and released, by species.

H. The Department may deny future fishing permits to a permit holder who failed to submit the report required under subsection (G) until the permit holder complies with reporting requirements.

History

• Adopted effective October 9, 1980 (Supp. 80-5). Former Section R12-4-59 renumbered as Section R12-4-310 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-310 renumbered as R12-4-217 and amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-310 renumbered as R12-4-217 and amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). New Section adopted November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-311 Exemptions from Requirement to Possess an Arizona Fishing License or Hunting License While Taking Wildlife

In addition to the exemptions prescribed under A.R.S. § 17-335, R12-4-206(E), and R12-4-207(E) and provided the person's fishing, hunting, or trapping license privileges are not currently revoked by the Commission:

A fishing license is not required when a person is:

a. Fishing from artificial ponds, tanks, and lakes contained entirely on private lands that are not:

i. Open to the public, and

ii. Managed by the Department.

b. Taking from private property crayfish and other nonnative crustaceans and terrestrial mollusks considered to be garden pests, such as but not limited to brown garden snails ( Helix aspersa ) and decollate snails ( Rumina decollata ), pillbugs (Armadillidium vulgare), and woodlice (Armadillidium nasatum).

c. Fishing in Arizona on any designated Saturday occurring during National Fishing and Boating Week, except in waters of the Colorado River forming the common boundaries between Arizona and California, Nevada, or Utah where fishing without a license is limited to the shoreline, unless the state with concurrent jurisdiction removes licensing requirements on the same day.

d. Participating in an introductory fishing education program sanctioned by the Department, during scheduled program hours, only. A sanctioned program shall have a Department employee, or authorized volunteer instructor present during scheduled program hours. For the purposes of this subsection, "authorized volunteer instructor" means a person who has successfully passed the Department's required background check, or provided documentation of the person's application for a fingerprint clearance card, and sport fishing education workshop.

2. A hunting license is not required when a person is participating in an introductory hunting event organized, sanctioned, or sponsored by the Department. The person may hunt small game, fur-bearing, predator, and designated mammals during scheduled event hours, only. To hunt migratory game birds, the person shall have any stamps required by federal regulation. The introductory hunting event shall have a Department employee, certified hunter education instructor, or authorized volunteer present during scheduled hunting hours. For the purposes of this subsection, "authorized volunteer" means a person who has successfully passed the Department's required background check, or provided documentation of the person's application for a fingerprint clearance card, and Department event best practices training. This subsection does not apply to any event that requires a participant to obtain a permit-tag or nonpermit-tag.

History

• Amended as an emergency effective April 10, 1975 (Supp. 75-1). Amended effective May 3, 1976 (Supp. 76-3). Amended effective May 26, 1978 (Supp. 78-3). Amended effective May 31, 1979. Amended effective June 4, 1979 (Supp. 79-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-60 renumbered as Section R12-4-311 without change effective August 13, 1981 (Supp. 81-4). Amended subsections (A), (B), and (D) and added subsections (F) and (G) effective December 17, 1981 (Supp. 81-6). Amended as an emergency effective May 12, 1982, pursuant to A.R.S. § 41-1003, valid for 90 days (Supp. 82-3). Emergency certification expired. Amended subsections (A) through (E) effective December 7, 1982 (Supp. 82-6). Amended subsections (C) and (D) effective February 9, 1984 (Supp. 84-1). Amended effective December 13, 1985 (Supp. 85-6). Amended subsections (A) and (D) effective December 16, 1986 (Supp. 86-6). Former Section R12-4-311 repealed, new Section R12-4-311 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-322 repealed, new Section R12-4-311 adopted effective January 1, 1989, filed effective December 30, 1988" (Supp. 89-2). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-312 [REPEALED]

History

• Amended effective June 4, 1979 (Supp. 79-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-61 renumbered as Section R12-4-312 without change effective August 13, 1981 (Supp. 81-4). Amended subsections (B), (E) and (F) effective December 17, 1981 (Supp. 81-6). Amended subsections (A), (C), (D), (E), and added subsection (G) effective December 9, 1982 (Supp. 82-6). Amended subsection (A), paragraph (1) effective November 27, 1984 (Supp. 84-6). Amended effective December 13, 1985 (Supp. 85-6). Former Section R12-4-312 repealed, new Section R12-4-312 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-312 repealed, new Section R12-4-312 adopted effective January 1, 1989, filed December 30, 1988 (Supp. 89-2). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Repealed by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014.

Ariz. Admin. Code § R12-4-313 Lawful Methods of Take and Season for Aquatic Wildlife

A. Subject to the restrictions of this Section, a person may take aquatic wildlife during the day or night using artificial light as prescribed under A.R.S. § 17-301. When a fish die-off is imminent or when otherwise deemed appropriate, the Commission may designate a special season by Commission Order to allow fish to be taken by hand or by any hand-held, non-motorized implement that does not discharge a projectile.

B. A person who possesses a valid Arizona fishing license may take aquatic wildlife by angling or simultaneous fishing as defined under R12-4-301 with any bait, artificial fly, or lure subject to the following restrictions:

1. Except for sunfish of the genus Lepomis , the flesh of game fish may not be used as bait.

2. Live baitfish, as defined under R12-4-101, may only be used in designated areas prescribed by Commission Order and designated areas may subsequently be closed or restricted by Commission Order.

3. Waterdogs may not be used as live bait in that portion of Santa Cruz County lying east and south of State Highway 82 or that portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

4. Shall not use more than two lines at any one time.

5. The Commission may further restrict the lawful methods of take on particular waters by designating one or more of the following special seasons by Commission Order:

a. An "artificial flies and lures" season in which only artificial flies and lures may be used in designated areas,

b. A "barbless hooks" season in which only the use of barbless or single-point barbless hooks may be used in designated areas,

c. An "immediate kill or release" season in which a person must kill and retain the designated species as part of the person's bag limit or immediately release the wildlife,

d. A "catch and immediate release" in which a person must immediately release the designated species,

e. An "immediate kill" season in which a person must immediately kill and retain the designated species as part of the person's bag limit, or

f. A "limited-entry" season in which a limited number of permits is made available to the public for a designated species, a particular water, or both.

C. In addition to angling, a person who possesses a valid Arizona fishing license may also take the following aquatic wildlife using the following methods:

1. A hybrid device is lawful for the take of aquatic wildlife provided all components of the device are authorized for the take of that species under this subsection.

2. Carp ( Cyprinus carpio ), buffalofish, mullet, tilapia, goldfish, and shad may be taken by:

a. Bow and arrow,

b. Crossbow,

c. Snare,

d. Gig,

e. Spear or spear gun, or

f. Snagging.

3. A person shall not use any of the methods of take listed under subsection (C)(2) within 200 yards of a designated swimming area as indicated by way of posted signs or notices.

4. Except for snagging, a person shall not use any of the methods of take listed under subsection (C)(2) within 200 yards of any boat dock or fishing pier.

5. Striped bass may be taken by spear or spear gun in waters designated by Commission Order.

6. Catfish may be taken by bow and arrow or crossbow in waters designated by Commission Order.

7. Amphibians, soft-shelled turtles, mollusks, and crustaceans may be taken by minnow trap, crayfish net, hand, or with any handheld, non-motorized implement that does not discharge a projectile, unless otherwise permitted under this Section.

8. In addition to the methods described under subsection (C)(7), bullfrogs may be taken by:

a. Bow and arrow,

b. Crossbow,

c. Pneumatic weapon, or

d. Slingshot.

9. Live baitfish may be taken for personal use as bait by:

a. A cast net not to exceed a radius of 4 feet measured from the horn to the leadline;

b. A minnow trap, as defined under R12-4-301;

c. A seine net not to exceed 10 feet in length and 4 feet in width; or

d. A dip net.

10. In addition to the methods described under subsection (C)(7), crayfish may be taken with the following devices:

a. A trap not more than 3 feet in the greatest dimension,

b. A dip net as defined under R12-4-301, or

c. A seine net not larger than 10 feet in length and 4 feet in width.

11. The Commission may further specify the lawful methods of take on particular waters and for particular species by designating one or more of the following special seasons by Commission Order:

a. A "snagging" season in which a person may use this method only at times and locations designated by Commission Order, or

b. A "spear or spear gun" season in which a person may use this method only at times and locations designated by Commission Order.

D. Aquatic wildlife taken in violation of this Section is unlawfully taken.

History

• Amended as an emergency effective April 10, 1975 (Supp. 75-1). Amended effective May 17, 1977 (Supp. 77-3). Amended effective June 29, 1978 (Supp. 78-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-62 renumbered as Section R12-4-313 without change effective August 13, 1981 (Supp. 81-4). Amended effective December 7, 1982 (Supp. 82-6). Amended subsection (A)(7) and added subsection (E)(3) effective November 27, 1984 (Supp. 84-6). Amended subsections (A) and (E) effective December 9, 1985 (Supp. 85-6). Amended subsections (A) and (E). effective December 16, 1986 (Supp. 86-6). Former Section R12-4-313 repealed, new Section R12-4-313 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-313 repealed, new Section R12-4-313 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective October 14, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-314 Possession, Transportation, or Importation of Aquatic Wildlife

A. The Commission may prescribe legal sizes for possession of aquatic wildlife through Commission Order.

B. A person who possesses a valid Arizona fishing license may possess live aquatic wildlife lawfully taken on the waters where taken, but the person shall not transport the aquatic wildlife alive from the waters where taken except that:

1. A person may transport live baitfish listed in subsection C(1);

2. A person may transport live waterdogs except in the portion of Santa Cruz County lying east and south of State Highway 82 or the portion of Cochise County lying west of the San Pedro River and south of State Highway 82; and

3. Any crayfish taken on waters within Yuma or La Paz Counties may be transported alive for use as live bait in that portion of La Paz County west of Highway 95 and south of Interstate 10, Yuma County, and on the Colorado River from the Palo Verde Diversion Dam downstream to the Southern international boundary with Mexico.

C. A person who possesses a valid Arizona fishing license may import, transport, or possess live baitfish, crayfish, or waterdogs for personal use as live bait only as follows:

1. A person may possess or transport only the following live baitfish for personal use as live bait:

a. Fathead minnow (Pimephales promelas),

b. Golden shiners (Notemigonus crysoleucas),

b. Goldfish (Carassius auratus),

c. Longfin Dace (Agosia chrysogaster)

d. Sonora Sucker (Catostomus insignis),

e. Speckled Dace (Rhynicthys osculus), and

f. Desert Sucker (Catostomus clarki).

2. A person may import for personal use live baitfish listed in subsection (C)(1) from:

a. California or Nevada, or

b. From any other state with accompanying documentation certifying that the fish are free of Furunculosis.

A person may import, transport, or possess live waterdogs for personal use as bait, except in the portion of Santa Cruz County lying east and south of State Highway 82 or the portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

4. A person shall not import, transport, or move live crayfish between waters for personal use as live bait except as allowed in 12 A.A.C. 4, Article 4, or except as allowed in subsection (B)(3).

D. A person shall attach water-resistant identification to any unattended live boxes or stringers holding fish and ensure the identification bears the person's:

1. Name,

2. Address, and

3. Fishing license number.

E. A person who uses a crayfish net or a minnow trap shall raise and empty the trap daily and shall attach water-resistant identification to any unattended traps and ensure the identification bears the person's:

Name,

2. Address, and

3. Fishing license number.

F. A person shall not knowingly disturb the crayfish net, live box, minnow trap, or stringer of another unless authorized to do so by the owner.

History

• Amended effective May 3, 1976 (Supp. 76-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-63 renumbered as Section R12-4-314 without change effective August 13, 1981 (Supp. 81-4). Amended subsection (B) effective December 31, 1984 (Supp. 84-6). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Section repealed by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-315 [Repealed]

History

• Former Section R12-4-64 renumbered as Section R12-4-315 without change effective August 13, 1981 (Supp. 81-4). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-316 [Repealed]

History

• Amended effective May 3, 1976 (Supp. 76-3). Amended effective June 4, 1979 (Supp. 79-3). Amended subsections (A), (B), (C), and (D) effective December 29, 1980 (Supp. 80-6). Former Section R12-4-65 renumbered as Section R12-4-316 without change effective August 13, 1981 (Supp. 81-4). Amended subsections (B), (C) and (F) effective February 9, 1984 (Supp. 84-1). Amended effective December 31, 1984 (Supp. 84-6). Former Section R12-4-316 repealed, new Section R12-4-316 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-316 repealed, new Section R12-4-316 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 2147, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-317 [Repealed]

History

• Renumbered, then repealed and readopted as Section R12-4-43 effective February 20, 1981 (Supp. 81-1). Former Section R12-4-66 renumbered as Section R12-4-317 without change effective August 13, 1981 (Supp. 81-4). Correction, Section R12-4-317 formerly shown as repealed should have read reserved. Former Historical Note erroneous, see R12-4-202. Section R12-4-317 adopted effective June 20, 1984 (Supp. 84-3). Repealed effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Repealed effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). New Section made by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-318 Seasons for Lawfully Taking Wild Mammals, Birds, and Reptiles

A. Methods of lawfully taking wild mammals, birds, and reptiles during seasons designated by Commission Order as "general" seasons are designated under R12-4-304.

1. Lawful devices are defined under R12-4-101 and R12-4-301.

2. Lawful devices are listed under this Section by the range of effectiveness, from greatest range to least range.

3. A hybrid device may be used in a general season, provided:

a. All components of the hybrid device are designated as lawful for a given species under R12-4-304, and

b. No components are prohibited under R12-4-303.

B. Methods of lawfully taking big game during seasons designated by Commission Order as "special" are designated under R12-4-304. "Special" seasons are open only to a person who possesses a special big game license tag authorized under A.R.S. § 17-346 and R12-4-120.

C. When designated by Commission Order, the following seasons have specific requirements and lawful methods of take more restrictive than those for general and special seasons, as established under this Section. While taking the species authorized by the season, a person participating in:

1. A "CHAMP" season shall be a challenged hunter access/mobility permit holder as established under R12-4-217.

2. A "pioneer one-horned ram" season shall be a pioneer license holder as established under R12-4-201 and the legal animal defined under R12-4-101.

2.3. A "youth-only hunt" shall be under the age of 18. A youth hunter whose 18th birthday occurs during a "youth-only hunt" for which the youth hunter has a valid permit or tag may continue to participate for the duration of that "youth-only hunt."

3.4. A "pursuit-only" season may use dogs to pursue bears, mountain lions, or raccoons as designated by Commission Order, but shall not kill or capture the quarry.

a. A person participating in a "pursuit-only" season shall possess and, at the request of Department personnel, produce an appropriate and valid hunting license and any required tag or pursuit-only permit for the wildlife pursued, even though there shall be no kill.

b. Pursuit is allowed regardless of whether a person has met the bag limit established under R12-4-104(J) for that genus.

c. A person does not commit an offense under A.R.S. § 17-309 where the person causes or allows a dog to pursue a bear, mountain lion, or raccoon when all of the following apply:

i. A pursuit-only season for the wildlife pursued is authorized by Commission Order;

ii. The person possesses a valid hunting license and tag;

iii. The bear, mountain lion, or raccoon is not injured or killed in the course of the pursuit.

4.5. A "restricted season" may use any lawful method authorized for a specific species under R12-4-304, except dogs may not be used to pursue the wildlife for which the season was established.

5.6. An "archery-only" season shall not use any other weapons, including crossbows or bows with a device that holds the bow in a drawn position except as authorized under R12-4-216. A person participating in an "archery-only" season may use one or more of the following methods or devices if authorized under R12-4-304 as lawful for the species hunted:

a. Bows and arrows;

b. Falconry; and

c. Atlatl throwing dart no less than five feet in length and no more than eight feet in length, equipped with a sharpened head having a blade no less than 7/16 inch cutting radius from the center of the shaft with metal, ceramic-coated metal, or ceramic cutting edges.

6.7. A "handgun, archery, and muzzleloader (HAM)" season may use one or more of the following methods or devices if authorized under R12-4-304 as lawful for the species hunted:

a. Muzzleloading rifles;

b. Handguns without a vertical foregrip or any form of fixed, detachable, or collapsible buttstock, or any apparatus or extension capable of being used to steady the handgun against the body while firing;

c. Muzzleloading handguns;

d. Bows and arrows;

e. Crossbows or bows to be drawn and held with an assisting device;

f. Pre-charged pneumatic weapons capable of holding and discharging a single projectile .35 caliber or larger;

g. Pre-charged pneumatic weapons using arrows or bolts with broadheads no less than 7/8 inch in width with metal, ceramic- coated metal, or ceramic cutting edges and capable of firing a minimum of 250 feet per second; and.

h. Atlatl throwing dart no less than five feet in length and no more than eight feet in length, equipped with a sharpened head having a blade no less than 7/16 inch cutting radius from the center of the shaft with metal, ceramic-coated metal, or ceramic cutting edges.

7.8. A "muzzleloader" season may use one or more of the following methods or devices if authorized under R12-4-304 as lawful for the species hunted:

a. Muzzleloading rifles or muzzleloading handguns

b. Bows and arrows, and

c. Crossbows or bows to be drawn and held with an assisting device.

8.9. A "limited weapon" season may use one or more of the following methods or devices for taking wildlife, if authorized under R12-4-304 as lawful for the species hunted:

a. Bows and arrows,

b. Crossbows or bows to be drawn and held with an assisting device,

c. Pneumatic weapons capable of holding and discharging a single projectile .25 caliber or smaller,

d. Hand-propelled projectiles,

e. Any trap except foothold traps,

f. Slingshots,

g. Dogs,

h. Falconry,

i. Nets, or

j. Capture by hand.

9.10. A "limited weapon hand or hand-held implement" season may use one or more of the following methods or devices for taking wildlife, if authorized under R12-4-304 as lawful for the species hunted:

a. Catch-pole,

b. Hand,

c. Snake hook, or

d. Snake tongs.

10.11. A "limited weapon-pneumatic" season may use one or more of the following methods or devices for taking wildlife, if authorized under R12-4-304 as lawful for the species hunted:

a. Pneumatic weapons discharging a single projectile .25 caliber or smaller,

b. Hand-propelled projectiles,

c. Slingshots,

d. Dogs,

e. Falconry,

f. Nets, or

g. Capture by hand.

11.12. A "limited weapon-rimfire" season may use one or more of the following methods or devices for taking wildlife, if authorized under R12-4-304 as lawful for the species hunted:

a. Rifled firearms using rimfire cartridges,

b. Shotgun shooting shot or slug,

c. Bows and arrows,

d. Crossbows or bows to be drawn and held with an assisting device,

e. Pneumatic weapons,

f. Hand-propelled projectiles,

g. Any trap except foothold traps,

h. Slingshots,

i. Dogs,

j. Falconry,

k. Nets, or

l. Capture by hand.

12.13. A "limited weapon-shotgun" season may use one or more of the following methods or devices for taking wildlife, if authorized under R12-4-304 as lawful for the species hunted:

a. Shotgun shooting shot or slug,

b. Muzzleloading shotgun,

c. Bows and arrows,

d. Crossbows or bows to be drawn and held with an assisting device,

e. Pneumatic weapons,

f. Hand-propelled projectiles,

g. Any trap except foothold traps,

h. Slingshots,

i. Dogs,

j. Falconry,

k. Nets, or

l. Capture by hand.

13.14. A "limited weapon-shotgun shooting shot" season may use one or more of the following methods or devices for taking wildlife, if authorized under R12-4-304 as lawful for the species hunted:

a. Shotgun shooting shot,

b. Muzzleloading shotgun shooting shot,

c. Bows and arrows,

d. Crossbows or bows to be drawn and held with an assisting device,

e. Pneumatic weapons,

f. Hand-propelled projectiles,

g. Any trap except foothold traps,

h. Slingshots,

i. Dogs,

j. Falconry,

k. Nets, or

l. Capture by hand.

14.15. A "falconry-only" season shall be a falconer licensed under R12-4-422 unless exempt under A.R.S. § 17-236(C) or R12-4-407. A falconer participating in a "falconry-only" season shall use no other method of take except falconry.

15.16. A "raptor capture" season shall be a falconer licensed under R12-4-422 unless exempt under R12-4-407.

16.17. A "limited-entry" season means any hunting opportunity for which a limited number of permits is made available to the public.

History

• Adopted effective June 4, 1987 (Supp. 87-2). Amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended effective January 1, 1997; filed in the Office of the Secretary of State July 12, 1996 (Supp. 96-3). Amended effective January 1, 1998; filed in the Office of the Secretary of State November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 16 A.A.R. 1460, effective September 11, 2010 (Supp. 10-3). Amended by final rulemaking at 18 A.A.R. 1458, effective January 1, 2013 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-319 Use of Aircraft to Take or Locate Wildlife

A. A person shall not take, or assist in taking wildlife from or with the aid of aircraft, including drones.

B. Except in hunt units with Commission-ordered special seasons under R12-4-115 and R12-4-120 and hunt units with seasons only for mountain lion and no other concurrent big game season, a person shall not knowingly locate or assist in locating wildlife from or with the aid of an aircraft, including drones, in a hunt unit with an open big game season. This restriction begins 48 hours before the opening of a big game season in a hunt unit and extends until the close of the big game season for that hunt unit.

C. A person who possesses a special big game license tag for a special season under R12-4-115 or R12-4-120 or a person who assists or will assist such a licensee shall not knowingly locate or assist in locating wildlife from or with the aid of an aircraft, including drones, within 48 hours before and during a Commission-ordered special season.

D. This Section does not apply to any person acting within the scope of official duties as an employee or authorized agent of the state or the United States to manage or protect or aid in the management or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops.

E. For the purposes of this Section, " locate " means any act or activity that does not take or harass wildlife and is directed at finding wildlife in a hunt area.

History

• Amended effective May 21, 1975 (Supp. 75-1). Amended effective May 3, 1976 (Supp. 76-3). Amended effective June 12, 1979 (Supp. 79-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-68 renumbered as Section R12-4-319 without change effective August 13, 1981 (Supp. 81-4). Repealed effective April 28, 1989 (Supp. 89-2). New Section R12-4-319 adopted an as emergency effective October 18, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-4). Emergency expired. New Section adopted by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-320 Harassment of Wildlife

A. In addition to the provisions established under A.R.S. § 17-301, it is unlawful to harass, molest, chase, rally, concentrate, herd, intercept, torment, or drive wildlife with or from any aircraft, including drones, as defined under R12-4-301, or with or from any motorized terrestrial or aquatic vehicle.

B. This Section does not apply to person's acting:

1. In accordance with the provisions established under A.R.S. § 17-239; or

2. Within the scope of official duties as an employee or authorized agent of the state or the United States to manage or protect or aid in the management or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops.

History

• New Section made by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-321 Restrictions for Taking Wildlife in City, County, or Town Parks and Preserves

A. All city, county, and town parks and preserves are closed to hunting and trapping, unless open by Commission Order.

B. Unless otherwise provided under Commission Order or rule, a city, county, or town may:

1. Limit or prohibit any person from hunting within one-fourth mile (440) yards) or trapping within one half mile (880 yards) of any:

a. Developed picnic area,

b. Developed campground,

c. Developed trailhead,

d. Developed wildlife viewing platform,

c e. Boat ramp,

d f. Shooting range,

e g. Occupied structure, or

f h. Golf course.

2. Require a person entering a city, county, or town park or preserve, for the purpose of hunting, to declare the person's intent to hunt within the park or preserve, if the park or preserve has a check in process established.

3. Allow a person to take wildlife in a city, county, or town park or preserve only during the posted park or preserve hours.

C. The requirements of subsection (B)(1) do not apply to a reptile and amphibian limited weapon hand or hand-held implement season established by Commission Order.

History

• New Section R12-4-321 renumbered from R12-4-301 and amended by final rulemaking at 18 A.A.R. 1458, effective January 1, 2013 (Supp. 12-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019.

Ariz. Admin. Code § R12-4-322 Pickup and Possession of Wildlife Carcasses or Parts

A. For the purposes of this Section, the following definitions apply:

1. "Fresh" means the majority of the wildlife carcass or part is not exposed dry bone and is comprised mainly of hair, hide, or flesh.

2. "Not fresh" means the majority of the wildlife carcass or part is exposed dry bone due to natural processes such as scavenging, decomposition, or weathering.

B. If not contrary to federal law or regulation, a person may pick up and possess naturally shed antlers or horns or other wildlife parts that are not fresh without a permit or inspection by a Department law enforcement officer.

C. Except for wildlife carcasses for which a big game salvage permit is issued under A.R.S. § 17-319, a person may only pick up and possess a fresh wildlife carcass or its parts under this Section if the person notifies the Department prior to pick up and possession and:

1. The Department's first report or knowledge of the carcass or its parts is voluntarily provided by the person wanting to possess the carcass or its parts;

2. A Department law enforcement officer or an authorized Department employee or agent is able to observe the carcass or its parts at the site where the animal was found in the same condition and location as when the animal was originally found by the person wanting to possess the carcass or its parts; and

3. A Department law enforcement officer, using the officer's education, training, and experience, determines the animal died from natural causes. The Department may require the person to take the officer to the site where the animal carcass or parts were found when an adequate description or location cannot be provided to the officer.

D. If a Department law enforcement officer determines that the person wanting to possess the carcass or its parts is authorized to do so under subsection (C), the officer may authorize possession of the carcass or its parts.

E. Wildlife parts picked up and possessed from areas under control of jurisdictions that prohibit such activity, such as other states, reservations, or national parks, are illegal to possess in this state.

F. This Section does not authorize the pickup and possession of a threatened or endangered species carcass or its parts.

History

• New Section made by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Article 4 LIVE WILDLIFE

Ariz. Admin. Code § R12-4-401 Live Wildlife Definitions

In addition to definitions provided under A.R.S. § 17-101, and for the purposes of this Article, the following definitions apply:

"Adoption" means the transfer of custody of live wildlife to a member of the public, initiated by either the Department or its authorized agent, when no special license is required.

"Agent" means the person identified on a special license and who assists a special license holder in performing activities authorized by the special license to achieve the objectives for which the license was issued. "Agent" has the same meaning as "sublicensee" and "subpermittee" as these terms are used for the purpose of federal permits.

"Aquarium trade" means the commercial industry and its customers who lawfully trade in aquatic live wildlife.

"Aversion training" means behavioral training in which an aversive stimulus is paired with an undesirable behavior in order to reduce or eliminate that behavior.

"Captive live wildlife" means live wildlife held in captivity, physically restrained, confined, impaired, or deterred to prevent it from escaping to the wild or moving freely in the wild.

"Captive-reared" means wildlife born, bred, raised, or held in captivity.

"Cervid" means a mammal classified as a Cervidae or member of the deer family found anywhere in the world, as defined in the tax-onomic classification from the Integrated Taxonomic Information System, available online at.

"Circus" means a scheduled event where a variety of entertainment is the principal business, primary purpose, and attraction. "Circus" does not include animal displays or exhibits held as an attraction for a secondary commercial endeavor.

"Commercial purpose" means the bartering, buying, leasing, loaning, offering to sell, selling, trading, exporting or importing of wildlife or their parts for monetary gain.

"Domestic" means an animal species that does not exist in the wild, and includes animal species that have only become feral after they were released by humans who held them in captivity or individuals or populations that escaped from human captivity.

"Educational display" means a display of captive live wildlife to increase public understanding of wildlife biology, conservation, and management which may or may not include soliciting payment from an audience or an event sponsor with the intent to recover costs incurred in providing the educational display. For the purposes of this Article, "to display for educational purposes" refers to display as part of an educational display.

"Educational institution" means any entity that provides instructional services or education-related services to persons.

"Endangered or threatened wildlife" means wildlife listed under 50 CFR 17.11, revised October 1, 2019, which is incorporated by reference. A copy of the list is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by reference does not include any later amendments or editions of the incorporated material.

"Evidence of lawful possession" means any license or permit authorizing possession of a specific live wildlife species or individual, or other documentation establishing lawful possession. Other forms of documentation may include, but are not limited to, a statement issued by the country or state of origin verifying a license or permit for that specific live wildlife species or individual is not required.

"Exhibit" means to display captive live wildlife in public or to allow photography of captive live wildlife for any commercial purpose.

"Exotic" means wildlife or offspring of wildlife not native to North America.

"Fish farm" means a commercial operation designed and operated for propagating, rearing, or selling aquatic wildlife for any purpose.

"Game farm" means a commercial operation designed and operated for the purpose of propagating, rearing, or selling wildlife for any purpose stated under R12-4-413.

"Health certificate" means a certificate of an inspection completed by a licensed veterinarian or federal- or state-certified inspector verifying the animal examined appears to be healthy and free of infectious, contagious, and communicable diseases.

"Hybrid wildlife" means an offspring from two different wildlife species or genera. Offspring from a wildlife species and a domestic animal species are not considered wildlife. This definition does not apply to bird hybrids as defined under the Migratory Bird Treaty Act, under 50 CFR 21.3, revised October 1, 2019.

"Live baitfish" means any species of live freshwater fish designated by Commission Order as lawful for use in taking aquatic wildlife under R12-4-313 and R12-4-314.

"Live bait" means aquatic live wildlife used or intended for use in taking aquatic wildlife.

"Migratory birds" mean all species listed under 50 CFR 10.13 revised October 1, 2019, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

"Noncommercial purpose" means the use of products or services developed using wildlife for which no compensation or monetary value is received.

"Nonhuman primate" means any nonhuman member of the order Primate of mammals including prosimians, monkeys, and apes.

"Nonnative" means wildlife or its offspring that did not occur naturally within the present boundaries of Arizona before European settlement.

"Person" has the same meaning as defined under A.R.S. § 1-215 .

"Photography" means any process that creates durable images of wildlife or parts of wildlife by recording light or other electromagnetic radiation, either chemically by means of a light-sensitive material or electronically by means of an image sensor.

"Rehabilitated wildlife" means live wildlife that is injured, orphaned, sick, or otherwise debilitated and is provided care to restore it to a healthy condition suitable for release to the wild or for lawful captive use.

"Research facility" means any association, institution, organization, school, except an elementary or secondary school, or society that uses or intends to use live animals in research.

"Restricted live wildlife" means wildlife that cannot be imported, exported, or possessed without a special license or lawful exemption.

"Shooting preserve" means any operation where live wildlife is released for the purpose of hunting.

"Special license" means any license issued under this Article, including any additional stipulations placed on the license authorizing specific activities normally prohibited under A.R.S. § 17-306 and R12-4-402.

"Species of greatest conservation need" means any species listed in the Department's Arizona's State Wildlife Action Plan list Tier 1a and 1b published by the Arizona Game and Fish Department. The material is available for inspection at any Department office and the Department's website.

"Stock" and "stocking" means to release live aquatic wildlife into public or private waters other than the waters where taken.

"Taxa" means groups of animals within specific classes of wildlife occurring in the state with common characteristics that establish relatively similar requirements for habitat, food, and other ecological, genetic, or behavioral factors.

"Unique identifier" means a permanent marking made of alphanumeric characters that identifies an individual animal, which may include, but is not limited to, a tattoo or microchip.

"USFWS" means the United States Fish and Wildlife Service.

"Volunteer" means a person who:

Assists a special license holder in conducting activities authorized under the special license,

Is under the direct supervision of the license holder at the premises described on the license,

Is not designated as an agent, and

Receives no compensation.

"Wildlife disease" means any disease that poses a health risk to wildlife in Arizona.

"Zoo" means any facility licensed by the Arizona Game and Fish Department under R12-4-420 or, for facilities located outside of Arizona, licensed or recognized by the applicable governing agency.

"Zoonotic" means a disease that can be transmitted from animals to humans or, more specifically, a disease that normally exists in animals but that can infect humans.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 25 A.A.R. 1048, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-402 Live Wildlife: Unlawful Acts

A. A person shall not perform any of the following activities with live wildlife unless authorized by a federal license or permit, this Chapter, or A.R.S. Title 3, Chapter 16:

1. Import any live wildlife into the state;

2. Export any live wildlife from the state;

3. Conduct any of the following activities with live wildlife within the state:

a. Display,

b. Exhibit,

c. Give away,

d. Lease,

e. Offer for sale,

f. Possess,

g. Propagate,

h. Purchase,

i. Release,

j. Rent,

k. Sell,

l. Sell as live bait,

m. Stock,

n. Trade,

o. Transport; or

4. Kill any captive live wildlife.

B. The Department may seize, quarantine, hold, or euthanize any lawfully possessed wildlife held in a manner that poses an actual or potential threat to the wildlife, other wildlife, or the safety, health, or welfare of the public. The Department shall make reasonable efforts to find suitable placement for any animal prior to euthanizing it.

C. A person who does not lawfully possess wildlife in accordance with this Article shall be responsible for all costs associated with the care and keeping of the wildlife.

D. Performing activities authorized under a federal license or permit does not exempt a federal agency or its employees from complying with state permit requirements.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 23 A.A.R. 492, effective 4/8/2017.

Ariz. Admin. Code § R12-4-403 Escaped or Released Live Wildlife

A. The Department may seize, quarantine, or euthanize any live wildlife that has been released, has escaped, or is likely to escape if the wildlife poses an actual or potential threat to:

1. Native wildlife;

2. Wildlife habitat; or

3. Public health, safety, or welfare; or

4. Property.

B. A person shall not release live wildlife, unless specifically directed to do so by the Department or authorized under this Article.

C. The person releasing or allowing the escape of wildlife shall be responsible for all costs incurred by the Department associated with seizing or quarantining the wildlife.

D. All special license holders shall be subject to the requirements of this Section.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-404 Possession of Live Wildlife Taken under an Arizona Hunting or Fishing License

A. A person may take live wildlife from the wild under a valid Arizona hunting or fishing license provided the current Commission Order authorizes a live bag and possession limit for that wildlife and the individual possesses the appropriate hunting or fishing license and special license, when applicable.

B. Except for live baitfish which may only be possessed and transported as established under R12-4-316, a person may conduct any of the following activities with wildlife taken under an Arizona hunting or fishing license provided the activity is for a noncommercial purpose:

1. Export,

2. Kill,

3. Place on educational display,

4. Possess,

5. Propagate, and

6. Transport.

B. C. A person possessing wildlife or offspring of wildlife taken under this Section shall dispose of the wildlife or offspring of wildlife using any one or more of the following methods:

1. Giving the wildlife as a gift,

2. Exporting the wildlife to another state or jurisdiction, or

3. Disposing of the wildlife as directed by the Department.

D. A person shall not use wildlife or offspring of wildlife taken under this Section for commercial purposes.

E. A person exporting live wildlife for a noncommercial purpose shall verify exported live wildlife and offspring of wildlife shall not be:

1. Bartered,

2. Leased,

3. Offered for sale,

4. Purchased,

5. Rented,

6. Sold, or

7. Used for any commercial purpose.

F. A person may temporarily hold and release live wildlife possessed under this Section into the wild, provided the person did not remove the wildlife from the immediate area where it was taken.

C. G. A person shall not exceed the possession limit of live wildlife established by Commission Order for that species.

1. Offspring of wildlife possessed under this Section shall count towards the established possession limit.

2. A person may possess offspring of amphibians or reptiles in excess of the possession limit for no more than 12 months from the date of birth or hatching.

3. On or before the day the offspring reach 12 months of age, the person possessing them shall dispose of them as prescribed under subsection (C).

A person is prohibited from releasing offspring of propagated wildlife into the wild.

D. H. A person may use reptiles and amphibians taken under a valid Arizona hunting license for the purpose of providing aversion or avoidance training when the current Commission Order authorizes a live bag and possession limit for that reptile or amphibian.

I. A person may sell photographs of wildlife taken under a valid hunting or fishing license.

E. J. A person who possesses live wildlife or offspring of wildlife taken under this Section shall comply with the requirements prescribed under R12-4-425 if the wildlife becomes listed as restricted wildlife under R12-4-406.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015.

Ariz. Admin. Code § R12-4-405 Importing, Purchasing, and Transporting Live Wildlife Without an Arizona License or Permit

A. A person may import mammals, birds, amphibians, and reptiles not listed as restricted wildlife under R12-4-406 without a special license required under this Article, provided the animals are:

1. Lawfully possessed under a:

a. Lawful exemption; or

b. Valid license, permit, or other form of authorization from another state, the United States, or another country; and

Accompanied by the health certificate required under 3 A.A.C. 2, Article 6, and this Article, when applicable.

B. A person may import live aquatic wildlife not listed as restricted wildlife under R12-4-406 without a special license under the following conditions:

1. The aquatic wildlife is lawfully possessed under a lawful exemption, valid license, permit, or other form of authorization from another state, the United States, or another country; and

2. The aquatic wildlife is used only for restaurants or markets that are licensed to sell food to the public and the wildlife is killed before it is transported from the restaurant or market, or, if transported alive from the market, is conveyed directly to its final destination for preparation as food; or

3. The aquatic wildlife is used only for the aquarium trade or a fish farm and is accompanied by a valid license or permit issued by another state or the United States that allows the wildlife to be transported into this state.

a. A person in the aquarium trade shall:

i. Only use aquatic wildlife used in the aquarium trade as a pet or in an educational display, and

ii. Keep aquatic wildlife used in the aquarium trade in an aquarium or enclosed pond that does not allow the wildlife to leave the aquarium or pond and does not allow other live aquatic wildlife to enter the aquarium or pond.

b. A person in the aquarium trade shall not use or possess aquatic wildlife listed as restricted live wildlife under R12-4-406.

C. A person shall obtain the appropriate special license listed under R12-4-409(A) before importing aquatic live wildlife for any purpose not stated under subsection (B), unless exempt under this Chapter.

D. A person may purchase, possess, exhibit, transport, propagate, trade, rent, lease, give away, sell, offer for sale, export, or kill wildlife or aquatic wildlife or its offspring without an Arizona license or permit if the wildlife is lawfully imported and possessed as prescribed under subsections (A) or (B).

E. An individual shall use and dispose of wildlife that is taken under an Arizona hunting or fishing license as prescribed by R12-4-404, or R12-4-417 and this Article, as applicable.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-406 Restricted Live Wildlife

A. In order to lawfully possess wildlife listed as restricted under this Section, for any activity prohibited under A.R.S. §§ 17-255.02, 17-306, R12-4-902, or this Article, a person shall possess:

All applicable federal licenses and permits; and

2. The appropriate special license listed under R12-4-409(A); or

3. Act under a lawful exemption authorized under A.R.S. § 17-255.04, R12-4-316, R12-4-404, R12-4-405, R12-4-407, R12-4-425, R12-4-427, and R12-4-430.

B. The Commission recognizes the online taxonomic classification from the Integrated Taxonomic Information System as the authority in determining the designations of restricted live mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks referenced under this Article. The Integrated Taxonomic Information System is available at any Department office and at www.itis.gov.

C. All of the following are considered restricted live wildlife and are subject to the requirements of this Article, unless otherwise specified:

1. Hybrid wildlife, as defined under R12-4-401, resulting from the interbreeding of at least one parent species of wildlife that is listed as restricted under this Section. Hybrid wildlife that is the progeny of a restricted wildlife species and a nonrestricted wildlife species is considered restricted wildlife.

2. Transgenic species, unless otherwise specified under this Article. For the purposes of this Section, "transgenic species" means any organism that has had genes from another organism put into its genome through direct human manipulation of that genome. Transgenic species do not include natural hybrids or individuals that have had their chromosome number altered to induce sterility. A transgenic animal is considered wildlife if the genetic material originated from a restricted wildlife species.

D. Domestic animals, as defined under R12-4-401, are not subject to restrictions under A.R.S. Title 17, 12 A.A.C. 4, or Commission Orders.

E. For subsections (F) through (M), the common names are provided as examples only and are not all-inclusive of the order, family, or genus.

E. F. Unless otherwise specified, all mammals listed below are considered restricted live wildlife:

1. All species of the order Afrosoricida . Common names include: golden moles and tenrecs and.

2. All species of the following families of the order Artiodactyla . Common name: even-toed ungulates:

a. The family Antilocapridae . Common name: pronghorns.

b. The family Bovidae . Common names include: antelopes, bison, buffalo, cattle, duikers, gazelles, goats, oxen, and sheep. Except the following genera which are not restricted:

i. The genus Bubalus . Common name: water buffalo.

ii. The genus Bison . Common name: American bison, bison, or buffalo.

c. The family Cervidae . Common names include: cervid, deer, elk, moose, red deer, and wapiti.

d. The family Tayassuidae . Common name: peccaries.

3. All species of the order Carnivora . Common names include: bears, foxes, ocelot, raccoons, ser-vals, skunks, wolves, and weasels.

4. All species of the order Chiroptera . Common name: bats.

5. All species of the genus Didelphis . Common name: American opossums.

6. All species of the order Erinaceomorpha . Common names include: European hedgehogs, gymnures, and moonrats. Except members of the genus Atelerix , which are not restricted. Common name: longeared and pygmy hedgehogs.

7. All species of the order Lagomorpha . Common names include: hares, pikas, and rabbits. Except for members of the genus Oryctolagus containing domestic rabbits, which are not wildlife and are not restricted.

8. All nonhuman primates. Common names include: chimpanzees, gorillas, macaques, orangutans, and spider monkeys.

9. All species of the following families of the order Rodentia . Common name: rodents:

a. The family Capromyidae . Common name: hutias.

b. The family Castoridae . Common name: beavers.

c. The family Dipodidae . Common name: jumping mouse.

c. d. The family Echimyidae . Common names include: coypus and nutrias.

d. e. The family Erethizontidae . Common name: new world porcupines.

e. f. The family Geomyidae . Common name: pocket gophers.

f. g. The family Sciuridae . Common names include: chipmunks, marmots, prairie dogs, squirrels, and woodchucks.

10. All species of the order Soricomorpha . Common names include: desmans, moles, shrews, and shrew-moles.

11. All species of the order Xenarthra . Common names include: anteaters, armadillos, and edentates, or sloths,.

F. G. Birds listed below are considered restricted live wildlife:

The following species within the family Phasianidae . Common names: grouse, pheasants, partridges, quail, and turkeys:

a. Alectoris chukar . Common name: chukar.

a. b. Callipepla gambelii . Common name: Gambel's quail.

b. c. Callipepla squamata . Common name: scaled quail.

c. d. Colinus virginianus . Common name: northern bobwhite. Restricted only in game management units 36A, 36B, and 36C as prescribed under R12-4-108.

d. e. Cyrtonyx montezumae . Common name: harlequin, Mearn's, or Montezuma quail.

e. f. Dendragapus obscurus . Common name: dusky grouse.

g. Mealagris gallopavo gallopavo, M. g. intermedia, M. g. merriami, M. g. mexicana, M. g. osceola, B. g. silvestris, and M. ocellata . Common name: wild turkey.

2. All species listed under the Migratory Bird Treaty Act listed under 50 CFR 10.13 revised October 1, 2019, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

G. H. Reptiles listed below are considered restricted live wildlife:

1. All species of the order Crocodilia . Common names include: alligators, caimans, crocodiles, and gavials.

2. All species of the following families or genera of the order Squamata :

a. The family Atractaspididae . Common name: burrowing asps.

b. The following species and genera of the family Colubridae :

i. Boiga irregularis . Common name: brown tree snake.

ii. Dispholidus typus . Common name: boomslang.

iii. Rhabdophis . Common name: keelback.

iv. Thelotornis kirtlandii . Common names include: bird snake or twig snake.

c. The family Elapidae . Common names include: Australian elapids, cobras, coral snakes, kraits, mambas, and sea snakes.

d. The family Helodermatidae . Common names include: Gila monster and Mexican beaded lizard.

e. The family Viperidae . Common names include: pit and true vipers, including rattlesnakes.

3. The following species of the order Testudines :

a. All species of the family Chelydridae . Common name: snapping turtles.

b. All species of the genus Gopherus . Common names include: gopher tortoises, including the desert tortoise.

H.I. Amphibians listed below are considered restricted live wildlife. The following species within the order Anura , common names frogs and toads:

1. The species Bufo horribilis , Bufo marinus , Bufo schneideri . Common names include: giant or marine toads.

2. All species of the genus Rana . Common names include: bullfrogs and leopard frogs. Except bullfrogs possessed under A.R.S. § 17-102.

3. All species of the genus Xenopus . Common name: clawed frogs.

I. J. Fish listed below are considered restricted live wildlife:

1. All species of the family Acipenseridae . Common name: sturgeon.

2. The species Amia calva . Common name: bowfin.

3. The species Aplodinotus grunniens . Common name: freshwater drum.

4. The species Arapaima gigas . Common name: bony tongue.

5. All species of the genus Astyanax . Common name: tetra.

6. The species Belonesox belizanus . Common name: pike topminnow.

7. All species, both marine and freshwater, of the orders Carcharhiniformes, Heterodontiformes, Hexanchiformes, Lamniformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, and except for all species of the families Brachaeluridae, Hemiscylliidae, Orectolobidae , and Triakidae ; genera of the family Scyliorhinidae , including Aulohalaelusrus, Halaelurus, Haploblepharus, Poroderma , and Scyliorhinus ; and genera of the family Parascylliidae , including Cirrhoscyllium and Parascyllium . Common name: sharks.

8. All species of the family Centrarchidae . Common name: sunfish.

9. All species of the family Cetopsidae and Trichomycteridae . Common name: South American catfish.

10. All species of the family Channidae . Common name: snakehead.

11. All of the species Cirrhinus mrigala, Gibelion catla , and Labeo rohita . Common name: Indian carp.

12. All species of the family Clariidae . Common names include: airbreathing catfish or labyrinth.

13. All species of the family Clupeidae except threadfin shad, species Dorosoma petenense . Common names include: herring and shad.

14. The species Ctenopharyngodon idella . Common names include: white amur or grass carp.

15. The species Cyprinella lutrensis . Common name: red shiner.

16. The species Electrophorus electricus . Common name: electric eel.

17. All species of the family Esocidae . Common names include: pickerels and pike.

18. All species of the family Hiodontidae . Common names include: goldeye and mooneye.

19. The species Hoplias malabaricus . Common name: tiger fish.

20. The species Hypophthalmichthys molitrix . Common name: silver carp.

21. The species Hypophthalmichthys nobilis . Common name: bighead carp.

22. All species of the family Ictaluridae . Common name: catfish.

23. All species of the genus Lates and Luciolates . Common name: nile perch.

24. All species of the family Lepisosteidae . Common name: gar.

25. The species Leuciscus idus . Common names include: ide and whitefish.

26. The species Malapterurus electricus . Common name: electric catfish.

27. All species of the family Moronidae . Common name: temperate bass.

28. The species Mylopharyngodon piceus . Common name: black carp.

29. All species of the family Percidae . Common names include: pike and walleye perches.

30. All species of the family Petromyzontidae . Common name: lamprey.

31. The species Polyodon spathula . Common name: American Paddlefish.

32. All species of the family Potamotrygonidae . Common name: stingray.

33. All species of the genera Pygocentrus, Pygopristis , and Serrasalmus . Common name: piranha.

34. All species of the family Salmonidae . Common names include: salmon and trout.

35. The species Scardinius erythrophthalmus . Common name: rudd.

36. All species of the family Serranidae . Common name: bass.

37. The following species, and hybrid forms, of the Genus Tilapia : O. aureus , O. mossambica ; O. niloticus , O. urolepis hornorumand T. zilli . Common name: tilapia.

38. The species Thymallus arcticus . Common name: Arctic grayling.

J. K. Crustaceans listed below are considered restricted live wildlife:

1. All freshwater species within the families Astacidae , Cambaridae , and Parastacidae . Common name: crayfish.

2. The species Eriocheir sinensis. Common name: Chinese mitten crab.

K. L. Mollusks listed below are considered restricted live wildlife:

1. The species Corbicula fluminea . Common name: Asian clam.

2. All species of the family Dreissenidae . Common names include: quagga and zebra mussel.

3. The species Euglandina rosea . Common name: rosy wolfsnail.

4. The species Mytilopsis leucophaeata . Common names include: Conrad's false dark mussel or false mussel.

5. All species of the genus Pomacea . Common names include: apple snail or Chinese mystery snail.

6. The species Potamopyrgus antipodarum . Common name: New Zealand mud snail.

L. M. All wildlife listed within Aquatic Invasive Species Director's Order #1.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 18 A.A.R. 196, effective January 10, 2012 (Supp. 12-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-407 Exemptions from Special License Requirements for Restricted Live Wildlife

A. All live cervids may only be imported, possessed, or transported as authorized under R12-4-430.

B. A person is not required to possess a special license to lawfully possess restricted live wildlife under the following circumstances:

1. A person may possess, transport, or give away a desert tortoise ( Gopherus morafkai ) or the progeny of a desert tortoise provided the person lawfully possessed the desert tortoise prior to April 28, 1989 or obtained the tortoise through a Department authorized adoption program. A person who receives a desert tortoise that is given away under this Section is also exempt from special license requirements.

a. A person shall not:

i. Export a live desert tortoise from this state unless authorized in writing by the Department's special license administrator. A person may only export a live desert tortoise to an education or research institution or zoo located in another state.

a. ii. Possess desert tortoise in excess of the bag limit established under Commission Order 43.

iii. Propagate lawfully possessed desert tortoises or their progeny unless authorized in writing by the Department's special license administrator.

iv. Release a desert tortoise into the wild.

b. Export a live desert tortoise from this state unless authorized in writing by the Department.

b. A person who possesses a desert tortoise and is moving out-of-state shall gift the desert tortoise to an Arizona resident or to the Department's Tortoise Adoption Program.

2. A licensed veterinarian may possess restricted wildlife while providing medical care to the wildlife and may release rehabilitated wildlife as directed in writing by the Department, provided:

a. The veterinarian keeps records of restricted live wildlife as required by the Veterinary Medical Examining Board, and makes the records available for inspection by the Department.

b. The Department assumes no financial responsibility for any care the veterinarian provides, except care that is specifically authorized by the Department.

3. A person may transport restricted live wildlife through this state provided the person:

a. Transports the wildlife through the state within 72 continuous and consecutive hours;

b. Ensures at least one person is continually present with, and accountable for, the wildlife while in this state;

c. Ensures the wildlife is neither transferred nor sold to another person;

d. Ensures the wildlife is accompanied by evidence of lawful possession, as defined under R12-4-401;

e. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable; and

f. Ensures the carcasses of any wildlife that die while in transport through this state are disposed of only as directed by the Department.

4. A person may exhibit, export, import, possess, and transport restricted live wildlife for a circus, temporary animal exhibit, or government-authorized state or county fair, provided the person:

a. Possesses evidence of lawful possession as defined under R12-4-401, for the wildlife;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable;

d. Ensures the wildlife does not come into physical contact with the public;

e. Keeps the wildlife under complete control by safe and humane means; and

f. Ensures the wildlife is not in this state for more than 60 consecutive days.

5. A person may export, import, possess, and transport restricted live wildlife for the purpose of commercial photography, provided the person:

a. Possesses evidence of lawful possession as defined under R12-4-401 for the wildlife;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable;

d. Ensures the wildlife does not come into physical contact with the public;

e. Keeps the wildlife under complete control by safe and humane means; and

f. Ensures the wildlife is not in this state for more than 60 consecutive days.

6. A person may exhibit, import, possess, and transport restricted live wildlife for advertising purposes other than photography, provided the person:

a. Ensures the wildlife is accompanied by evidence of lawful possession as defined under R12-4-401;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable;

d. Maintains the wildlife under complete control by safe and humane means;

e. Prevents the wildlife from coming into contact with the public or being photographed with the public;

f. Does not charge the public a fee to view the wildlife; and

g. Exports the wildlife from the state within 10 days of importation.

7. A person may export restricted live wildlife, provided the person:

a. Ensures the wildlife is accompanied by evidence of lawful possession as defined under R12-4-401;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Maintains the wildlife under complete control by safe and humane means;

d. Prevents the wildlife from coming into contact with the public or being photographed with the public;

e. Does not charge the public a fee to view the wildlife; and

f. Exports the wildlife from the state within 10 days of importation.

8. A person may possess restricted live wildlife taken alive under R12-4-404, R12-4-405, and R12-4-427, provided the person possesses the wildlife in compliance with those Sections.

9. A person who holds a falconry license issued by another state or country is exempt from obtaining an Arizona Sport Falconry License under R12-4-422, unless remaining in this State for more than 180 consecutive days.

a. The falconer licensed in another state or country shall present a copy of the out-of-state or out-of-country falconry license, or its equivalent, to the Department upon request.

b. A falconer licensed in another state or country and who remains in this State for more than the 180-day period shall apply for an Arizona Sport Falconry License in order to continue practicing sport falconry in this state.

10. A person may export, give away, import, kill, possess, propagate, purchase, trade, and transport restricted live wildlife provided the person is doing so for a medical or scientific research facility registered with the United States Department of Agriculture under 9 CFR Subpart C 2.30 revised January 1, 2019, which is incorporated by reference in this Section. The incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by reference contains no future editions or amendments.

11. A person may import and transport restricted live game fish, crayfish, and the following species, and hybrid forms, of the Genus Tilapia, O. aureus O. mossambica ; O. niloticus , O. urolepis hornorum and T. zilli directly to restaurants or markets licensed to sell food to the public, when accompanied by a current valid transporter license issued under A.A.C. R3-2-1007.

12. A person operating a restaurant or market licensed to sell food to the public may exhibit, offer for sale, possess, and sell restricted live game fish or crayfish, provided the live game fish and crayfish are killed before being transported from the restaurant or market.

13. A person may export, giveaway, import, kill, possess, propagate, purchase, and trade transgenic animals provided the person is doing so for a medical or scientific research facility.

C. An exemption granted under this Section is not valid for any wildlife protected by federal law nor does it allow the take of wildlife from the wild.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-408 Holding Wildlife for the Department

A. A game ranger may authorize a person to possess or transport live wildlife on behalf of the Department if the wildlife is needed as evidence in a pending civil or criminal proceeding.

B. With the exception of live cervids, the Department has the authority to allow a person to possess and transport captive live wildlife for up to 72 hours or as otherwise directed by the Department.

C. The Director has the authority to allow a person to hold a live cervid on behalf of the Department.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015.

Ariz. Admin. Code § R12-4-409 General Provisions and Penalties for Special Licenses

A. A special license is required when a person intends to conduct any activity using restricted live wildlife. Special licenses are listed as follows:

1. Aquatic wildlife stocking license, established under R12-4-410;

2. Game bird license, established under R12-4-414;

3. Live bait dealer's license, established under R12-4-411;

4. Private game farm license, established under R12-4-413;

5. Scientific activity license, established under R12-4-418;

6. Sport falconry license, established under R12-4-422;

7. White amur stocking and restocking license, established under R12-4-424;

8. Wildlife holding license, established under R12-4-417;

9. Wildlife rehabilitation license, established under R12-4-423;

10. Wildlife service license, established under R12-4-421; and

11. Zoo license, established under R12-4-420.

B. An applicant for a special license listed under subsection (A) shall:

a. 1. Submit an application to the Department meeting the specific application requirements established under the applicable governing Section.

i. a. Applications for special licenses are furnished by the Department and are available at any Department office and on the Department's website.

ii. b. An application is required upon initial application for a special license and when renewing a special license. A renewal application is appropriate where there are no changes to the:

i. Licensed facility location,

ii. Species of wildlife held under the special license, or

iii. Staff conducting the wildlife activities under the license.

2. Be at least 18 years of age, unless applying for a Game Bird Field Training or Sport Falconry license.

b. 3. Pay all applicable fees required under R12-4-412.

C. At the time of application, the person shall certify:

1. The information provided on the application is true and correct to the applicant's knowledge;

2. The applicant shall comply with any municipal, county, state or federal code, ordinance, statute, regulation, or rule applicable to the license held; and

3. The applicant's live wildlife privileges are not currently suspended or revoked in this state, any other state or territory, or by the United States.

D. A special license obtained by fraud or misrepresentation is invalid from the date of issuance.

E. The Department shall either grant or deny a special license within the applicable overall time-frame established for that special license under R12-4-106.

F. In addition to the criteria prescribed under the applicable governing Section, the Department shall deny a special license when:

1. When it is in the best interest of public health or safety or the welfare of the wildlife;

1. 2. The applicant's live wildlife privileges are revoked or suspended in this state, any other state, or by the United States;

2. 3. The applicant was convicted of illegally holding or possessing live wildlife within five years preceding the date of application for the special license;

3. 4. The applicant knowingly provides false information on an application;

4. 5. The person fails to meet the requirements established under the applicable governing Section or this Section. The Department shall provide a written notice to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

G. A special license holder may only engage in activities using federally-protected wildlife when the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license. A special license issued by the Department does not:

1. Exempt the license holder from any municipal, county, state or federal code, ordinance, statute, regulation, or rule; or

2. Authorize the license holder to engage in any activity using wildlife that is protected by federal regulation.

H. The Department may place additional stipulations on a special license whenever it is determined necessary to:

1. Conserve wildlife populations,

2. Prevent the introduction and proliferation of wildlife diseases,

3. Prevent wildlife from escaping,

4. Protect public health or safety, or

5. Ensure humane care and treatment of wildlife.

I. A special license holder shall keep live wildlife in a facility according to the captivity standards prescribed under R12-4-428 and as otherwise required under this Article. The captivity standards prescribed under R12-4-428 are not applicable to a special license holder licensed under R12-4-410, R12-4-411, R12-4-422, and R12-4-424.

J. The Department may inspect a facility to verify compliance with all applicable requirements established under this Article.

K. J. A special license holder shall keep records in compliance with the requirements established under the governing Section for a period of at least five years and shall make the records available for inspection to the Department upon request.

L. K. The Department may conduct an inspection of an applicant's or license holder's facility at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

M. L. Upon determining a disease or other emergency condition exists that poses an immediate threat to the public or the welfare of any wildlife, the Department may immediately order a cessation of operations under the special license and, if necessary, order the humane disposition or quarantine of any exposed, contaminated or affected wildlife.

1. When directed by the Department, a special license holder shall:

a. Perform disease testing,

b. Submit biological samples to the Department or its designee,

c. Surrender the wildlife to the Department;

d. Quarantine the wildlife, or

e. Humanely euthanize the wildlife.

2. The license holder shall:

a. Ensure any disease or other emergency condition under this subsection is diagnosed by a person professionally certified to make the diagnosis.

b. Be responsible for all costs associated with the testing and treatment of the contaminated and affected wildlife.

N. M. If a condition exists, including disease or any violation of this Article, that poses a threat to the public or the welfare of any wildlife, but the threat does not constitute an emergency, the Department may issue a written notice of the condition to the special license holder specifying a reasonable period of time for the license holder to remedy the noticed condition. The notice of condition shall be delivered to the special license holder by certified mail or personal service.

1. Failure of the license holder to remedy the noticed condition within the time specified by the Department is a violation under subsection (N).

2. If a licensee receives three notices under this subsection for the same condition within a two-year period, the Department shall treat the third notice as a failure to remedy.

O. N. A special license holder shall not:

1. Violate any provision of the governing Section or this Section;

2. Violate any provision of the special license that the person possesses, including any stipulations specified on the special license;

3. Violate A.R.S. § 13-2908, relating to criminal nuisance;

Violate A.R.S. § 13-2910, relating to cruelty to animals; or

5. Refuse to allow the inspection of facilities, wildlife, or required records.

P. O. The Department may take one or more of the following actions when a special license holder is convicted of a criminal offense involving cruelty to animals, violates subsection (N), or fails to comply with any requirement established under the governing Section or this Section:

1. File criminal charges,

2. Suspend or revoke a special license,

3. Humanely dispose of the wildlife,

4. Seize or seize in place any wildlife held under a special license.

5. A person may appeal to the Commission any Department action listed under this subsection as prescribed under A.R.S. Title 41, Chapter 6, Article 10, except the filing of criminal charges.

Q. P. A special license holder who wishes to continue conducting activities authorized under the special license shall submit a renewal application to the Department on or before the special license expiration date.

1. The current license will remain valid until the Department grants or denies the new special license.

2. If the Department denies the renewal application and the license holder appeals the denial to the Commission as prescribed under subsection (F)(4), the license holder may continue to hold the wildlife until:

a. The date on which the Commission makes its final decision on the appeal, or

b. The final date on which a person may request judicial review of the decision.

3. A special license holder who fails to submit a renewal application to the Department before the date the license expires, cannot lawfully possess any live wildlife currently possessed under the license.

Q. A special license holder who no longer wishes to continue conducting activities authorized under the special license shall notify the Department in writing of this decision no less than 30 days prior to ceasing wildlife related activities. This notice shall include the proposed disposition of all wildlife held under the special license.

R. If required by the governing Section, a special license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The special license becomes invalid if the special license holder fails to submit the annual report by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. When the license holder is acting as a representative of an institution, organization, or agency for the purposes of the special license, the license holder shall submit the report required under subsection this Section:

a. By January 31 of each year the license holder is affiliated with the institution, organization, or agency; or

b. Within 30 days of the date of termination of the license holder's affiliation with the institution, organization, or agency.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-410 Aquatic Wildlife Stocking License; Restocking License

A. An aquatic wildlife stocking or restocking license allows a person to import, possess, purchase, stock, and transport any restricted species designated on the license at the location specified on the license.

B. The aquatic wildlife stocking or restocking license is valid for no more than 20 consecutive days, except that an aquatic wildlife stocking or restocking license is valid for one calendar year when issued to a political subdivision of the state for the purpose of vector control.

C. In addition to the requirements established under this Section, an aquatic wildlife stocking or restocking license holder shall comply with the special license requirements established under R12-4-409.

D. The aquatic wildlife stocking and restocking license holder shall be responsible for compliance with all applicable regulatory requirements. The licenses do not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

E. The Department shall deny an aquatic wildlife stocking or restocking license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny an aquatic wildlife stocking license when:

1. The Department determines that issuance of the license will result in a negative impact to native wildlife; or

The applicant proposes to use aquatic wildlife that is not compatible with, or poses a threat to, any wildlife within the river drainage or the area where the stocking is to occur.

F. An applicant for an aquatic wildlife stocking or restocking license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and the Department's website. An applicant shall provide the following on the application:

1. The applicant's information:

a. Name;

b. Mailing address; and

c. Department ID number, when applicable;

2. When the applicant proposes to use the aquatic wildlife for a commercial purpose the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number;

3. Aquatic wildlife species information:

a. Common name of the aquatic wildlife species;

b. Number of animals for each species; and

c. Approximate size of the aquatic wildlife that will be used under the license;

4. The purpose for introducing the aquatic wildlife species;

5. For each location where the aquatic wildlife will be stocked, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location of the stocking site, to include river drainage and the Global Positioning System location;

6. A detailed description or diagram of the facilities where the applicant will stock the aquatic wildlife, which includes:

a. Size of waterbody proposed for stocking aquatic wildlife;

b. Nearest river, stream, or other freshwater system;

c. Points where water enters each waterbody, when applicable;

d. Points where water leaves each waterbody, when applicable; and

e. Location of fish containment barriers;

7. For each supplier from whom the applicant will obtain aquatic wildlife, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number;

8. The dates on which the person will stock aquatic wildlife;

9. Any other information required by the Department; and

10. The certification required under R12-4-409(C).

G. In addition to the requirements listed under subsection (F), when an applicant wishes to stock an aquatic species in an area where that species has not yet been introduced, is not currently established, or there is potential for conflict with Department efforts to conserve wildlife, the applicant shall also submit a written proposal to the Department at the time of application. The written proposal shall contain all of the following information:

1. Anticipated benefits resulting from the introduction of the aquatic live wildlife species;

2. Potential adverse economic impacts;

3. Potential dangers the introduced aquatic species may possibly create for native aquatic species and game fish, to include all of the following:

a. Determination of whether or not the introduced aquatic species is compatible with native aquatic species or game fish;

b. Potential ecological problems created by the introduced aquatic species;

c. Anticipated hybridization concerns with introducing the aquatic species; and,

d. Future plans designed to evaluate the status and impact of the species after it is introduced.

4. Assessment of probable impacts to sensitive species in the area using the list generated by the Department's Online Environmental Review Tool, which is available the Department's website. The proposal must address each species listed.

H. An application for an aquatic restocking license is considered to be a renewal of the license when there are no changes to the:

1. Aquatic wildlife species,

2. The purpose for introducing the aquatic wildlife species, and

3. The facilities where the applicant stocked the aquatic wildlife.

H. I. An applicant for an aquatic wildlife stocking or restocking license shall pay all applicable fees required under R12-4-412.

I. J. An aquatic wildlife stocking or restocking license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Obtain all aquatic wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm operator or a private noncommercial fish pond certified to be free of diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the fish farm or pond where the aquatic wildlife or biological material is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to stocking.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any stocking activities.

Maintain records associated with the license for a period of five years following the date of disposition.

3. 4. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

4. 5. Possess the license or legible copy of the license while conducting any activities authorized under the aquatic stocking license and presents it for inspection upon the request of any Department employee or agent.

5. 6. Dispose of wildlife only as authorized under this Section or as directed in writing by the Department.

J. K. An aquatic wildlife stocking or restocking license holder shall comply with the requirements established under R12-4-409.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-411 Live Bait Dealer's License

A. A live bait dealer's license allows a person to perform any of the following activities using the aquatic live wildlife listed under subsection (B): exhibit for sale, export, import, kill, offer for sale, possess, purchase, sell, trade, or transport.

B. A live bait dealer's license allows a person to perform any of the activities listed under subsection (A) with any or all of the following aquatic live wildlife:

1. Desert Sucker, Catostomus clarkii ;

1. 2. Fathead minnow, Pimephales promelas ;

2. 3. Golden shiner, Notemigonus crysoleucas ;

3. 4. Goldfish, Carassius auratus ;

4. Mosquito fish, Gambusia affinis;

5. Longfin Dace, Agosia chrysogaster ;

6. Speckled Dace, Rhynichthys osculus ; and

6. 7. Waterdogs, Ambystoma tigrinum , except in that portion of Santa Cruz County lying east and south of State Highway 82, or that portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

C. A live bait dealer's license expires on the last day of the third December from the date of issuance.

D. In addition to the requirements established under this Section, a live bait dealer license holder shall comply with the special license requirements established under R12-4-409.

E. The live bait dealer's license holder shall be responsible for compliance with all applicable regulatory requirements. The license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a live bait dealer's license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

G. An applicant for a live bait dealer's license shall submit an application to the Department. The application is available from any Department office and the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. The applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number of the applicant's business;

3. Wildlife species information:

a. Common name of all wildlife species; and

b. The number of animals for each species that will be sold under the license.

4. For each location where the wildlife will be used, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

5. A detailed description or diagram of the facilities where the applicant will hold the wildlife;

6. For each supplier from whom the applicant will obtain wildlife, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address;

d. c. Telephone number;

7. Any other information required by the Department; and

8. The certification required under R12-4-409(C).

H. An applicant for a live bait dealer's license shall pay all applicable fees required under R12-4-412.

I. A live bait dealer's license holder shall:

Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Obtain live baitfish from a facility certified free of the diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the facility where the wildlife is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to shipping.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any activities authorized under the license.

d. The live bait dealer's license holder shall include a copy of the certification in each shipment.

3. Maintain records associated with the license for a period of five years following the date of disposition.

3. 4. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

4. 5. Possess the license or legible copy of the license while conducting activities authorized under the live bait dealers license and presents it for inspection upon the request of any Department employee or agent.

5. 6. Dispose of aquatic wildlife only as authorized under this Section or as directed by the Department.

J. A live bait dealer's license holder shall comply with the requirements established under R12-4-428 .

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-412 Special License Fees

A. A person who applies for a special license authorized under this Article shall pay all applicable fees at the time of application. The fees listed below include a $20 application processing fee.

B. An initial license fee is required upon initial application or when an applicant fails to renew a special license before the license expires.

C. A renewal license fee is required when an applicant submits an application to renew the special license before the license expires and provided there are no changes to any of the following:

1. Licensed facility location,

2. Species of wildlife held under the special license, and

3. Staff conducting the wildlife activities under the license.

| Short-term Special License Fees | Initial License | Valid For | | --- | --- | --- | | Aquatic Wildlife Stocking License | $100 | 20-days | | Aquatic Wildlife Restocking License | $20 | 20-days | | Aquatic Wildlife Stocking License issued to a political subdivision of the state | no fee | 365-days | | Aquatic Wildlife Restocking License issued to a political subdivision of the state | no fee | 365-days | | Game Bird Field Trial License | $45 | 10-days | | White Amur Stocking License | $270 | 20-days | | White Amur Restocking License | $120 | 20-days |

| Three-year Special License Fees | Initial License | Renewal License | | --- | --- | --- | | Game Bird Field Training License | $95 | $45 | | Game Bird Hobby License | $80 | $40 | | Game Bird Shooting Preserve License | $425 | $155 | | Live Bait Dealer's License | $125 | $35 | | Private Game Farm License | $395 | $145 | | Scientific Activity License | $70 | $70 | | Sport Falconry License, validates an Arizona hunting or combination hunting and fishing license for hunting or taking quarry with a trained raptor. | $145 | $145 | | Wildlife Holding License | $20 | $20 | | Wildlife Rehabilitation License | $20 | $20 | | Wildlife Service License | $245 | $95 | | Zoo License | $425 | $155 |

History

• Adopted effective April 28, 1989 (Supp. 89-2). Repealed effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). New Section adopted effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Section repealed by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). New section made by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 400, effective 7/1/2021.

Ariz. Admin. Code § R12-4-413 Private Game Farm License

A. A private game farm license authorizes a person to commercially farm and sell captive pen-reared game birds as specified on the license at the location designated on the license.

1. A private game farm license allows the license holder to

a. display for sale, give away, import, offer for sale, possess, propagate and rear, purchase, rent or lease, sell, trade, or transport captive pen-reared game birds carcasses or parts

b. Propagate and rear wildlife.

2. The Private Game Farm License expires on the last day of the third December from the date of issuance.

B. Private game farm captive pen-reared game birds may be killed or slaughtered, but a person shall not kill or allow the captive pen-reared game birds to be killed by hunting or in a manner that could be perceived as hunting or recreational sport harvest while under the care and control of the private game farm license holder.

C. Private game farm captive pen-reared game birds shall not be killed by a person who pays a fee to the owner of the private game farm for killing the captive pen-reared game birds, nor shall the game farm owner accept a fee for killing the captive pen-reared game birds, except as authorized under R12-4-414.

D. A private game farm licenses authorizes the use of only the following captive-reared game birds:

1. Captive-reared game birds:.

a. 1. Alectoris chukar , Chukar;

Anas platyrhynchos , Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

b. 3. Callipepla californica , California or valley quail;

c. 4. Callipepla gambelii , Gambel's quail;

d. 5. Callipepla squamata , Scaled quail;

e. 6. Colinus virginianus , Northern bobwhite;

f. 7. Cyrtonyx montezumae , Montezuma or Mearns' quail;

g. 8. Dendragapus obscurus , Dusky grouse;

Oreortyx pictus , Mountain Quail; and

h. 10. Phasianus colchicus, Ringneck and whitewing pheasant;

2. Mammals listed as restricted live wildlife under R12-4-406, provided:

a. The same species does not exist in the wild in this state;

b. The applicant submits proof of a valid license issued by the United States Department of Agriculture under 9 CFR 25.30 at the time of application;

c. The applicant submits a written proposal at the time of application, which includes all of the following information:

i. Species to be possessed,

ii. Purpose of possession,

iii. Purpose of propagation, when applicable,

iv. Methods designed to prevent wildlife from escaping,

v. Methods designed to prevent threat to native wildlife,

vi. Methods designed to ensure public safety; and

vii. Methods for disposal of the wildlife, which may include export from this state, or transfer to an eligible game farml icensed under this Section, a zoo licensed under R12-4-420, or a medical or scientific research facility exempted under R12-4-407 .

11. For subsection (D)(2), the incorporated by material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

This incorporation by reference does not include any later amendments or editions of the incorporated material.

E. The Department shall deny an application for:

1. A new private game farm license for mammals. The Department may accept a renewal application for a private game farm license holder currently permitted to possess mammals, provided the license holder is in compliance with all applicable requirements under R12-4-409, R12-4-428, R12-4-430, and this Section.

2. A private game farm license for Northern bobwhite, Colinus virginianus , in game management units 36A, 36B, and 36C, as prescribed under R12-4-108.

F. In addition to the requirements established under this Section, a private game farm holder shall comply with the special license requirements established under R12-4-409.

G. The private game farm license holder shall be responsible for compliance with all applicable regulatory requirements. The license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

H. The Department shall deny a private game farm license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as An applicant person applying for a private game farm license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use captive pen-reared game birds. The application is furnished by the Department and is available at any Department office and the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. The applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number;

3. For captive pen-reared game birds to be used under the license:

a. Common name of the captive pen-reared game birds species;

b. Number of birds for each species; and

c. When the applicant is renewing the private game farm license, the species and number of captive pen-reared game birds for each species currently held in captivity under the license;

For each location where the applicant proposes to use the captive pen-reared game birds will be used, the land owner's:

a. Name;

b. Mailing address;

d. Telephone number; and

e. Physical address or general location description and Global Positioning System location;

5. A detailed description or diagram of the facilities where the applicant will hold the captive pen-reared game birds, and a description of how the facilities comply with the requirements established under R12-4-428 and any other captivity standards established under this Section;

6. For each wildlife supplier from whom the special license applicant will obtain wildlife, the supplier's;

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number;

7. Any other information required by the Department; and

8. The certification required under R12-4-409(C).

J. An applicant for a private game farm license shall pay all applicable fees required under R12-4-412.

K. A private game farm license holder shall:

Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Ensure each shipment of live captive pen-reared game birds imported into the state is accompanied by a health certificate or other similar form that indicates the captive pen-reared game birds identified on the form appears to be healthy and free of infectious, contagious, and communicable diseases.

a. The certificate or other similar form shall be issued no more than 30 days prior to the date on which the captive pen-reared game birds shipped.

b. A copy of the certificate shall be submitted to the Department prior to importation.

3. Ensure the following documentation accompanies each shipment of captive pen-reared game birds made by the game farm:

a. Name of the private game farm license holder,

b. Private game farm license number,

c. Date captive pen-reared game birds were shipped,

d. Number of captive pen-reared game birds, by species, included in the shipment,

e. Name of the person or common carrier transporting the shipment, and

f. Name of the person receiving the shipment.

4. Provide each person who transports a captive pen-reared game birds carcass from the site of the game farm with a receipt that includes all of the following:

a. Date the captive pen-reared game birds were purchased, traded, or given as a gift;

b. Name of the game farm; and

c. Number of captive pen-reared game birds carcasses, by species, being transported.

5. Ensure each facility is inspected by the attending veterinarian at least once every year.

6. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

7. Maintain records of all captive pen-reared game birds possessed under the license for a period of three years. In addition to the information required under subsections (M)(4)(a) through (M)(4)(e), the records shall also include:

a. The private game farm license holder's:

i. Name;

ii. Mailing address;

iii. Telephone number; and

iv. Special license number;

b. Copies of all federal, state, and local licenses, permits, and authorizations required for the lawful operation of the private game farm;

c. Copies of the annual report required under subsection (M);

d. Number of all captive pen-reared game birds, by species and the date it was obtained;

e. Source of all captive pen-reared game birds and the date it was obtained;

f. Number of offspring propagated by all captive pen-reared game birds; and

g. For all captive pen-reared game birds disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Manner of disposition to include the names and addresses of persons to whom the captive pen-reared game birds were bartered, given, or sold, when authorized.

8. Immediately report to the Department any mortality event that results in the loss of 10% or more of the adult captive pen-reared game birds held on the facility within any seven day period and allow the Department to collect samples from the affected game birds for disease testing purposes as prescribed under A.R.S. § 17-250.

L. A private game farm license holder shall not:

1. Propagate hybrid wildlife or domestic birds with captive pen-reared game birds; or

2. Possess domestic species under the special license.

M. A private game farm license holder shall submit an annual report to the Department before January 31 of each year for activities performed under the license for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The private game farm license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. Number of captive pen-reared game birds, by species;

b. Source of all captive pen-reared game birds that the license holder obtained or propagated;

c. Date on which the captive pen-reared game birds was obtained or propagated;

d. Date on which the captive pen-reared game birds was disposed of and the manner of disposition; and

e. Name of person who received captive pen-reared game birds disposed of by barter, given as a gift, or sale.

N. Except for cervids which shall be disposed of only as established under R12-4-430, a private game farm license holder who no longer uses the captive pen-reared game birds for a commercial purpose shall dispose of the captive pen-reared game birds as follows:

Export,

2. Transfer to another private game farm licensed under this Section,

3. Transfer to a zoo licensed under R12-4-420,

4. Transfer to a medical or scientific research facility exempt under R12-4-407,

5. As directed by the Department, or

6. As otherwise authorized under this Section.

O. A private game farm license holder shall comply with the requirements established under R12-4-428 and R12-4-430.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 12/5/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-414 Game Bird License

A. A game bird license authorizes a person to conduct certain activities with the captive pen-reared game birds specified on the license and only at the location or locations specified on the license, as described below:

1. Game Bird Hobby:

a. Authorizes a license holder to:

i. Possess no more than 50 captive pen-reared game birds at any one time;

ii. Export, import, kill, possess, propagate, purchase, and transport the captive pen-reared game birds specified on the license for personal, noncommercial purposes only; and

iii. Gift a captive pen-reared game bird to another special license holder who is authorized to possess the game bird species.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Hobby license holder:

i. Alectoris chukar , Chukar;

ii. Callipepla californica , California or valley quail;

iii. Callipepla gambelii , Gambel's quail;

iv. Callipepla squamata , Scaled quail;

v. Colinus virginianus , Northern bobwhite, subject to the restriction specified under subsection (D);

vi. Cyrtonyx montezumae , Montezuma or Mearn's quail; and

vii. Dendragapus obscurus , Dusky grouse.

c. The license holder shall immediately report to the Department any mortality event that results in the loss of 10% or more of the adult game birds held on the facility and allow the Department to collect samples from the affected game birds for disease testing purposes as prescribed under A.R.S. § 17-250.

c. d. The Game Bird Hobby license expires on the last day of the third December from the date of issuance.

Game Bird Shooting Preserve:

a. Authorizes a license holder to:

i. Release captive pen-reared game birds for the purpose of hunting or shooting.

ii. Export, display, gift, import, kill, offer for sale, possess, propagate, purchase, trade, and transport the captive pen-reared game birds specified on the license.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Shooting Preserve license holder:

i. Alectoris chukar , Chukar;

ii. Anas platyrhynchos , Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

iii. Colinus virginianus , Northern bobwhite, subject to the restriction specified under subsection (D); and

iv. Phasianus colchicus , Ringneck and Whitewing pheasant.

c. The license holder shall :

i. Restrict the release and take of the live captive pen-reared game birds on private lands to an area not more than 1,000 acres.

ii. Immediately report to the Department any mortality event that results in the loss of 10% or more of the adult game birds held on the facility and allow the Department to collect samples from the affected game birds for disease testing purposes as prescribed under A.R.S. § 17-250.

d. The license holder may charge a fee to allow persons to take captive pen-reared game birds on the shooting preserve.

e. A person is not required to possess a hunting license when taking a captive pen-reared game bird released under the provisions of this Section.

f. A captive pen-reared game bird released under a Game Bird Shooting Preserve license may be taken with any method designated under R12-4-304.

g. The Game Bird Shooting Preserve license expires on the last day of the third December from the date of issuance.

3. Game Bird Field Trial:

a. Authorizes a license holder to:

i. Release and take captive pen-reared game birds for the purpose of conducting a competition to test the performance of hunting dogs in one field trial event;

ii. Import, kill, possess, purchase within the State, and transport the captive pen-reared game birds specified on the license for one field trial event; and

iii. Export, gift, kill, or transport any captive pen-reared game bird held after the field trial event.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Field Trial license holder:

i. Alectoris chukar , Chukar;

ii. Anas platyrhynchos , Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

iii. Colinus virginianus , Northern bobwhite, subject to the restriction specified under subsection (D);

iv. Phasianus colchicus , Ringneck and Whitewing pheasant.

c. A person is not required to possess a hunting license in order to participate in a field trial event held under the provisions of this Section.

d. A captive pen-reared game bird released under a Game Bird Field Trial license may be taken with any method designated under R12-4-304.

e. The Game Bird Field Trial license is valid for no more than ten consecutive days.

4. Game Bird Field Training:

a. Authorizes a license holder to:

i. Release and take released live captive pen-reared game birds specified on the license for the purpose of training a dog or raptor to hunt game birds; and

ii. Import, possess, purchase within the State, and transport the captive pen-reared game birds specified on the license; and

iii. Export, gift, kill, or transport any captive pen-reared game bird possessed under the license.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Field Training license holder:

i. Alectoris chukar , Chukar;

ii. Anas platyrhynchos , Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

iii. Colinus virginianus , Northern bobwhite, subject to the restriction specified under subsection (D)(2)(b);

iv. Phasianus colchicus , Ringneck and Whitewing pheasant.

c. A person is not required to possess a hunting license when taking a captive pen-reared game bird released under the provisions of this Section.

d. A captive pen-reared game bird released under a Game Bird Field Training license may be taken with any method designated under R12-4-304.

e. The Game Bird Field Training license expires on the last day of the third December from the date of issuance.

5. For subsections (A)(2)(b)(ii), (A)(3)(b)(ii), and (A)(4)(b)(ii), the incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by reference does not include any later amendments or editions of the incorporated material.

B. In addition to the requirements established under this Section, a game bird license holder shall comply with the special license requirements established under R12-4-409.

C. The game bird license holder shall be responsible for compliance with all applicable regulatory requirements. The license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

D. The Department shall deny a game bird license to a person who fails to meet the requirements under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department may deny a game bird license when:

1. The applicant proposes to release captive pen-reared game birds:

a. At a location where an established wild population of the same species exists.

b. During nesting periods of upland game birds or waterfowl that nest in the area.

2. The applicant requests a license:

a. For the sole purpose described under subsection (A)(1) and proposes to possess more than 50 captive pen-reared game birds at any one time.

b. To possess Northern bobwhites, Colinus virginianus , in any one of the following game management units, as described under R12-4-108; 36A, 36B, and 36C.

3. The Department determines the:

a. Authorized activity listed under this Section may pose a threat to native wildlife, wildlife habitat, or public health or safety.

b. Escape of any species listed on the application may pose a threat to native wildlife or public health or safety.

c. Release of captive pen-reared game birds may interfere with a wildlife or habitat restoration program.

E. An applicant for a game bird license shall submit an application to the Department. A person applying for multiple Game Bird Field Trial licenses shall submit a separate application for each date and location where a competition will occur. The application is furnished by the Department and is available at any Department office and on the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address, when applicable;

c. Physical address;

d. Telephone number; and

e. Department ID number, when applicable;

2. For captive pen-reared game birds to be used under the license:

a. Common name of game bird species;

b. Number of animals for each species; and

c. When the applicant is renewing a Game Bird Hobby or Shooting Preserve license, the species and number of animals for each species currently held in captivity under the license;

The type of game bird license:

a. Game Bird Hobby;

b. Game Bird Shooting Preserve;

c. Game Bird Field Trial; or

d. Game Bird Field Training;

4. For each location where captive pen-reared game birds will be held, the owner's:

a. Name;

b. Mailing address, when applicable;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location, when available;

5. For each location where captive pen-reared game birds will be released, the land owner's or agency's:

a. Name;

b. Mailing address, when applicable;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location, when available; and

6. For each captive pen-reared game bird supplier from whom the applicant will obtain game birds, the supplier's:

a. Name;

b. Mailing address; and

c. Telephone number;

7. An applicant who is applying for a Game Bird Shooting Preserve or Field Trial license and intends to use the captive pen-reared game birds for a commercial purpose shall also provide the applicant's business:

a. Name;

b. Mailing address; and

c. Telephone number;

8. An applicant who intends to use the captive pen-reared game birds for an activity affiliated with a sponsoring organization shall also provide the organization's:

a. Name;

b. Mailing address; and

c. Telephone number of the organization chair or local chapter;

9. An applicant who is applying for a Game Bird Field Trial license shall also specify the range of dates within which the field trial event will take place, not to exceed a 10-day period;

An applicant who is applying for a Game Bird Hobby or Game Bird Shooting Preserve license shall also provide a detailed description or diagram of the facilities where the applicant will hold captive pen-reared game birds and a description of how the facilities comply with the requirements established under R12-4-428 and any other captivity standards established under this Section;

11. Any other information required by the Department; and

The certification required under R12-4-409(B).

F. An applicant for a game bird license shall pay all applicable fees required under R12-4-412.

G. A game bird license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

3. Possess the license or legible copy of the license while conducting any activity authorized under the game bird license and present it for inspection upon the request of any Department employee or agent.

4. Ensure each shipment of captive pen-reared game birds imported into the state is accompanied by a health certificate.

a. The certificate shall be issued no more than 30 days prior to the date on which the game birds are shipped.

b. A copy of the certificate shall be submitted to the Department prior to importation.

5. Provide each person who transports captive pen-reared game birds taken under the game bird license with documentation that includes all of the following:

a. Name of the game bird license holder;

b. Game bird license number;

c. Date the captive pen-reared game bird was obtained;

d. Number of captive pen-reared game birds, by species; and

e. When the captive pen-reared game birds are being shipped:

i. Name of the person or common carrier transporting the shipment, and

ii. Name of the person receiving the shipment.

Maintain records of all captive pen-reared game birds possessed under the license for a period of five years. In addition to the information required under subsections (G)(5)(a) through (G)(5)(b), the records shall also include:

a. The game bird license holder's:

i. Name;

ii. Mailing address;

iii. Telephone number; and

iv. Special license number;

b. Copies of the annual report required under subsection (H);

7. Dispose of captive pen-reared game birds only as authorized under this Section or as directed by the Department.

8. Conduct license activities solely at the locations and within the timeframes approved by the Department. A Game Bird License holder may request permission to amend the license to conduct activities authorized under the license at an additional location by submitting the application required under subsection (E) to the Department.

H. A game bird license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The game bird license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department shall not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. Number of all captive pen-reared game birds, by species and the date obtained;

b. Source of all captive pen-reared game birds and the date obtained;

c. Number of offspring propagated by all captive pen-reared game birds; and

d. For all captive pen-reared game birds disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Manner of disposition to include the names and addresses of persons to whom the wildlife was bartered, given, or sold, when authorized.

I. A game bird license holder shall comply with the requirements established under R12-4-428.

J. A game bird released under a game bird license and found outside of the location specified on the license shall become property of the State and is subject to the requirements prescribed under A.R.S. Title 17 and 12 A.A.C. 4, Article 3.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 23 A.A.R. 2525, effective 9/6/2017. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-415 [REPEALED]

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Repealed by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015.

Ariz. Admin. Code § R12-4-416 [REPEALED]

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Repealed by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015.

Ariz. Admin. Code § R12-4-417 Wildlife Holding License

A. A wildlife holding license authorizes a person to display for educational purposes, euthanize, export, give away, import, photograph for commercial purposes, possess, propagate, purchase, or transport, restricted and nonrestricted live wildlife lawfully:

1. Held under a valid hunting or fishing license for a purpose listed under subsection (C),

2. Collected under a valid scientific activity license issued under R12-4-418,

3. Obtained under a valid wildlife rehabilitation license issued under R12-4-423,

4. Or as otherwise authorized by the Department.

B. A wildlife holding license expires on the last day of the third December from the date of issuance, or, if the license holder is a representative of an institution, organization, or agency described under subsection (C)(4), upon termination of the license holder's affiliation with that entity, whichever comes first.

C. A wildlife holding license is valid for the following purposes, only:

1. Advancement of science;

2. Lawfully possess restricted or nonrestricted live wildlife when it is:

a. Necessary to give humane treatment to live wildlife that is declared unsuitable for release by a licensed veterinarian, and is therefore unable to meet its own needs in the wild; or

b. Previously possessed under another special license and the primary purpose for that special license no longer exists;

3. Promotion of public health or welfare;

4. Provide education under the following conditions:

a. The applicant is an educator affiliated or partnered with an educational institution; and

b. The educational institution permits the use of live wildlife.

5. Photograph for a commercial purpose live wildlife provided:

a. The wildlife will be photographed without posing a threat to other wildlife or the public, and

b. The photography will not adversely impact other affected wildlife in this state, or

6. Wildlife management.

D. The Department shall deny an application for a wildlife holding license for the possession of cervids.

E. In addition to the requirements established under this Section, a wildlife holding license holder shall comply with the special license requirements established under R12-4-409.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements. The wildlife holding license does not:

1. Exempt the license holder or their agent from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder or their agent to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

G. The Department shall deny a wildlife holding license to a person who fails to meet the requirements established under R12-4-409 or this Section, or when the person's wildlife holding privileges are suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a wildlife holding when:

1. It is in the best interest of public health or safety or the welfare of the wildlife; or

2. The issuance of the license will adversely impact other wildlife or their habitat in the state.

H. An applicant for a wildlife holding license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and the Department's website. The applicant shall provide the following information:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. If the applicant will use the wildlife for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number;

3. If the applicant will use wildlife for activities authorized by a scientific institution that employs, contracts, or is similarly affiliated with the applicant, the institution's:

a. Name;

b. Mailing address; and

c. Telephone number;

4. For wildlife to be used under the license:

a. Common name of the wildlife species;

b. Number of animals for each species;

c. When the application is for the use of multiple species, the applicant shall list each species and the number of animals for each species; and

d. When the applicant is renewing the wildlife holding license, the species and number of animals for each species currently held in captivity under the license;

5. For wildlife to be used for educational purposes:

a. The affiliated educational institution's:

i. Name;

ii. Federal Tax Identification Number;

iii. ii. Mailing address; and

iv. iii. Telephone number of the educational institution;

b. A copy of the established curriculum utilizing sound educational objectives; and

c. A plan for how the applicant will address any safety concerns associated with the use of live wildlife in a public setting.

6. For each location where the applicant proposes to hold the wildlife, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

7. A detailed description and diagram, or photographs, of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428, and any other captivity standards that may be established under this Section;

8. The dates that the applicant will begin and end holding wildlife;

9. A clear description of how the applicant intends to dispose of the wildlife once the proposed activity for which the license was issued ends;

10. Any other information required by the Department; and

11. The certification required under R12-4-409(C).

12. For subsection (H)(7), the Department may, at its discretion, accept documented current certification or approval by the applicant's institutional animal care and use committee or similar committee in lieu of the description, diagram, and photographs of the facilities.

I. In addition to the requirements listed under subsection (H), at the time of application, an applicant for a wildlife holding license shall also submit:

1. Evidence of lawful possession, as defined under R12-4-401;

2. A statement of the applicant's experience in handling and providing care for the wildlife to be held or experience relevant to handling or providing care for wildlife;

3. A written proposal that contains all of the following information:

a. A detailed description of the activity the applicant intends to perform under the license;

b. Purpose for the proposed activity;

c. The contribution the proposed activity will make to one or more of the primary purposes listed under subsection (C).

d. For an applicant who wishes to possess restricted or nonrestricted live wildlife for the purpose of providing humane treatment, a written explanation stating why the wildlife is unable to meet its own needs in the wild and the following information for the licensed veterinarian who will provide care for the wildlife:

i. Name;

ii. Mailing address; and

iii. Telephone number;

J. An applicant for a wildlife holding license shall pay all applicable fees required under R12-4-412.

K. A wildlife holding license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Maintain records associated with the license for a period of five years following the date of disposition.

2. 3. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

3. 4. Possess the license or legible copy of the license while conducting any activity authorized under the wildlife holding license and presents it for inspection upon the request of any Department employee or agent.

4. 5. Permanently mark any restricted live wildlife used for lawful activities under the authority of the license, when required by the Department.

5. 6. Ensure that a copy of the license accompanies any transportation or shipment of wildlife made under the authority of the license.

6. 7. Surrender wildlife held under the license to the Department upon request.

L. A wildlife holding license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year or as indicated under subsection (O). The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife holding license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. A list of animals held during the year, the list shall be by species and include the source and date on which the wildlife was acquired.

b. The permanent mark or identifier of the wildlife, such as name, number, or another identifier for each animal held during the year, when required by the Department. This designation or identifier shall be provided with other relevant reported details for the holding or disposition of the individual animal;

c. Whether the wildlife is alive or dead.

d. The current location of the wildlife.

e. A list of all educational displays where the wildlife was utilized to include the date, location, institution or audience, approximate attendance, and wildlife used.

M. A wildlife holding license holder may authorize an agent to assist the license holder in conducting activities authorized under the wildlife holding license, provided the agent's wildlife privileges are not suspended or revoked in any state.

1. The license holder shall obtain written authorization from the Department before allowing a person to act as an agent.

2. The license holder shall notify the Department in writing within 10 calendar days of terminating any agent.

3. The Department may suspend or revoke the license holder's license if an agent violates any requirement of this Section or Article or any stipulations placed upon the license.

4. An agent may possess wildlife for the purposes outlined under subsection (C), under the following conditions;

a. The agent shall possess evidence of lawful possession, as defined under R12-4-401, for all wildlife possessed by the agent;

b. The agent shall return the wildlife to the primary license holder's facility within two days of receiving the wildlife.

N. A wildlife holding license holder or their agent shall not barter, give as a gift, loan for commercial activities, offer for sale, sell, trade, or dispose of any restricted or nonrestricted live wildlife, offspring of restricted or nonrestricted live wildlife, or their parts except as stipulated on the wildlife holding license or as directed in writing by the Department.

O. A wildlife holding license is no longer valid once the primary purpose for which the license was issued, as prescribed in subsection (C), no longer exists. When this occurs, the wildlife holding license holder shall immediately submit the annual report required under (L) to the Department.

P. A wildlife license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-418 Scientific Activity License

A. A scientific activity license allows a person to conduct any of the following activities with wildlife when specified on the license:

1. Capture, hold, and release wildlife as directed by the Department,

Collection of dead wildlife,

1. 3. Display,

2. 4. Photograph for noncommercial purposes,

3. 5. Possess,

4. 6. Propagate,

5. 7. Take of live wildlife,

6. 8. Transport, and

7. 9. Use for educational purposes.

B. The Department issues five types of scientific collecting licenses:

1. Academic institution,

2. Consultant, and

3. 2. Government agency,.

Non-governmental organization,

Nonprofit organization, and

Personal.

C. A person may apply for a scientific activity license only when the license is requested for:

1. The purpose of wildlife management, gathering information valuable to the maintenance of wild populations, education, the advancement of science, or promotion of the public health or welfare;

2. A purpose that is in the best interest of the wildlife or the species, will not adversely impact other affected wildlife in this state, and may be authorized without posing a threat to wildlife or public safety; and

3. A purpose that does not unnecessarily duplicate previously documented projects.

D. A scientific activity license expires on December 31 of each year.

E. For the protection of wildlife or public safety, the Department has the authority to take any one or more of the following actions:

1. Rescind or modify any method of take authorized by the license;

Restrict the number of animals for each species or other taxa the license holder may take under the license;

3. Restrict the age, condition, or location of wildlife the license holder may take under the license; or

4. Deny or substitute the number of specimens and taxa requested on an application.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements. The scientific activity license does not:

1. Exempt the license holder or their agent from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder or their agent to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

G. The Department may deny a scientific activity license to a person who fails to meet the requirements established under R12-4-409 or this Section, or when the person's scientific activity privileges are suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a scientific activity license when:

1. It is in the best interest of the wildlife.

2. The issuance of the license will adversely impact other wildlife or their habitat in the state; or

3. It is in the best interest of public health or safety.

H. An applicant for a scientific activity license shall submit an application to the Department. The application is furnished by the Department and is available from any Department office, and on the Department's website. A person applying for a scientific activity license shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number; when applicable;

2. If the applicant will use wildlife for activities supported by a scientific, educational, or government institution, nonprofit organization, or agency that employs, contracts, or is similarly affiliated with the applicant, the applicant shall provide the institution's:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address;

d. c. Telephone number of the institution; and

e. d. The applicant's title or a description of the nature of affiliation with the institution or nonprofit organization;

3. When the applicant is renewing the scientific activity license, the species and number of animals for each species currently held in captivity;

4. For each location where the live wildlife will be held, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

5. A detailed description and diagram, photographs, or documented current certification or approval by the applicant's institutional animal care and use committee or similar committee of the facilities of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428, and any other captivity standards that may be established under this Section;

6. List of activities the applicant intends to perform under the license;

7. Purpose and justification for the use of wildlife as established under subsection (B);

8. When the applicant intends to use wildlife for educational purposes, the proposal shall also include the:

a. Minimum number of presentations the applicant anticipates to provide under the license;

b. Name, title, address, and telephone number of persons whom the applicant has contacted to offer educational presentations; and

c. Number of specimens the applicant already possesses for any species requested on the application;

Applicant's relevant qualifications and experience in handling and, when applicable, providing care for the wildlife to be held under the license;

10. Methods of take that the applicant will use, to include:

a. Justification for using the method, and

b. Proposed method of disposing wildlife taken under the license and any subsequent offspring, when applicable;

6. 11. Any other information required by the Department; and

7. 12. The certification required under R12-4-409(C).

8. For subsection (H)(5), the Department may, at its discretion, accept documented current certification or approval by the applicant's institutional animal care and use committee or similar committee in lieu of the description, diagram, and photographs of the facilities.

I. In addition to the requirements listed under subsection (H), at the time of application, an applicant for a scientific collecting license shall also submit a written proposal. The written proposal shall contain all of the following information:

1. List of activities the applicant intends to perform under the license;

2. Purpose for the use of wildlife as established under subsection (C);

3. When the applicant intends to use wildlife for educational purposes, the proposal shall also include the:

a. Minimum number of presentations the applicant anticipates to provide under the license

b. Name, title, address, and telephone number of persons whom the applicant has contacted to offer educational presentations; and

c. Number of specimens the applicant already possesses for any species requested on the application;

4. Applicant's relevant qualifications and experience in handling and, when applicable, providing care for the wildlife to be held under the license;

5. Methods of take that the applicant will use, to include:

a. Justification for using the method, and

b. Proposed method of disposing wildlife taken under the license and any subsequent offspring, when applicable;

6. Number of animals for each species that will be used under the license;

7. Locations where collection will take place;

8. Names and addresses of any agents who will assist the applicant in carrying out the activities described in the proposal.

9. Project completion date; and

10. Whether the applicant intends to publish the project or its findings.

J. An applicant for a scientific activity license shall pay all applicable fees required under R12-4-412.

K. A scientific activity license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Possess the license or legible copy of the license while conducting any activity authorized under the scientific activity license and presents it for inspection upon the request of any Department employee or agent.

3. Notify the Department in writing within 10 calendar days of terminating any agent.

4. Use the most humane and practical method possible prescribed under R12-4-304, R12-4-313, or as directed by the Department in writing.

5. Conduct activities authorized under the scientific activity license only at the locations and time periods specified on the scientific activity license.

6. Dispose of wildlife, wildlife parts, or offspring, only as directed by the Department.

7. Maintain records associated with the license for a period of five years following the date of disposition.

L. A scientific activity license holder shall not exhibit

Exhibit any wildlife held under the license, unless the person also possesses a zoo license authorized under R12-4-420.

2. Administer any drug to any wildlife during the term of the scientific activity license without advance written authorization from the Department, unless the drug is administered in the course of treatment by a licensed veterinarian.

M. A scientific activity license holder may request authorization to allow an agent to assist the license holder in carrying out activities authorized under the scientific activity license by submitting a written request to the Department.

1. An applicant may request the ability to allow a person to act as an agent on the applicant's behalf, provided:

a. An employment or supervisory relationship exists between the applicant and the agent, and

b. The agent's privilege to take or possess live wildlife is not suspended or revoked in any state.

2. The license holder shall obtain approval from the Department prior to allowing the agent assist in any activities.

3. The license holder is liable for all acts the agent performs under the authority of this Section.

4. The Department, acting on behalf of the Commission, may suspend or revoke a license for violation of this Section by an agent.

5. The license holder shall ensure the agent possesses a legible copy of the license while conducting any activity authorized under the scientific activity license and presents it for inspection upon the request of any Department employee or agent.

N. A scientific activity license holder may submit to the Department a written request to amend the license to add or delete an agent, location, project, or other component documented on the license at any time during the license period.

O. A scientific activity license holder shall submit an annual report to the Department before January 31 of each year. The report form is furnished by the Department.

A report is required regardless of whether or not activities were performed during the previous year.

2. The scientific activity license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The Department may stipulate submission of additional interim reports upon license application or renewal.

P. A scientific activity license holder who wishes to permanently hold wildlife species collected under the license in Arizona that will no longer be used for activities authorized under the license shall apply for and obtain a wildlife holding license in compliance with R12-4-417 or another appropriate special license.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-419 [REPEALED]

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Repealed by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015.

Ariz. Admin. Code § R12-4-420 Zoo License

A. A zoo license allows a person to exhibit, export, euthanize, display for educational purposes, give away, import, offer for sale, possess, propagate, purchase, sell, or transport any lawfully possessed restricted and nonrestricted live wildlife.

B. A person may apply for a zoo license only for a commercial facility open to the public where the principal business is holding wildlife in captivity for exhibition purposes and for one or more of the following purposes:

Advancement of science or wildlife management,

2. Promotion of public health or welfare;

3. Public education; or

4. Wildlife conservation.

C. A zoo license expires on the last day of the third December from the date of issuance.

D. In addition to the requirements established under this Section, a zoo license holder shall comply with the special license requirements established under R12-4-409.

E. The zoo license holder shall be responsible for compliance with all applicable regulatory requirements; the license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a zoo license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a zoo license when:

1. It is in the best interest of the wildlife; or

2. The issuance of the license will adversely impact other wildlife or their habitat in the state;

G. An applicant for a zoo license shall submit an application to the Department. The application is furnished by the Department and is available from any Department office, and the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number;

d. Federal Tax Identification Number; and

e. d. Department ID number, when applicable;

2. If the applicant is employed by, contracted with, or affiliated with an educational or scientific institution, the applicant shall provide the institution's:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address;

d. c. Telephone number;

3. Wildlife species to be held under the license;

a. Common and current scientific name of the wildlife species; and

b. Number of individuals for each species;

4. If the applicant is renewing the zoo license, the number of animals of each species that are currently in captivity, and evidence of lawful possession as defined under R12-4-401;

5. For each location where the wildlife will be exhibited, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

6. A detailed description and diagram of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428;

7. A description of how the facility or operation meets the definition of a zoo, as defined under A.R.S. § 17-101(A)(26);

8. The purpose of the license, as described under subsection (B);

7. 9. Any other information required by the Department; and

8. 10. The certification required under R12-4-409(C).

H. In addition to the requirements listed under subsection (G), an applicant for a zoo license shall also submit at the time of application:

1. A written proposal that contains the following:

a. A description of how the facility or operation meets the definition of a zoo, as defined under A.R.S. § 17-101 ; and

b. The purpose of the license, as established under subsection (B);

2.

1. Proof of current licensing by the United States Department of Agriculture under 9 CFR Subpart A, Animal Welfare;

3. 2. Photographs of the facility when the zoo is not accredited by the Association of Zoos and Aquariums or Zoological Association of America.

4. 3. For subsection, (H)(1), 9 CFR Subpart A, Animal Welfare revised January 1, 2019, and no later amendments or editions, which is incorporated by reference. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

I. An applicant for a zoo license shall pay all applicable fees required under R12-4-412.

J. A zoo license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

3. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. Hold all wildlife in such a manner designed to prevent wildlife from escaping from the facility specified on the license.

5. Hold all wildlife in a manner designed to prevent the entry of unauthorized persons or other wildlife.

6. Hold all wildlife lawfully possessed under the zoo license in the facility specified on the license, except when transporting the wildlife:

a. To or from a temporary exhibit;

b. For medical treatment; or

c. Other activities approved by the Department in writing.

7. Ensure a temporary exhibit shall not exceed 60 consecutive days at any one location, unless approved by the Department in writing.

8. Clearly display a sign at the facility's main entrance that states the days of the week and hours when the facility is open for viewing by the general public.

9. Ensure all wildlife held under the license that has the potential to come into contact with the public is tested for zoonotic diseases appropriate to the species no more than 12 months prior to importation or display. Any wildlife that tests positive for a zoonotic disease shall not be imported into this state without review and approval by the Department in writing.

10. Dispose of the following wildlife only as directed by the Department:

a. Wildlife obtained under a scientific activity license; or

b. Wildlife loaned to the zoo by the Department.

11. Maintain records of all wildlife possessed under the license for a period of five years following the date of disposition. In addition to the information required under subsections (H)(1) through (H)(3), the records shall also include:

a. Number of all restricted live wildlife, by species and the date it was obtained;

b. Source of all restricted live wildlife and the date it was obtained;

c. Number of offspring propagated by all restricted live wildlife; and

d. For all restricted live wildlife disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Method of disposition.

K. A zoo license holder shall not:

1. Accept any wildlife that is donated, purchased, or otherwise obtained without accompanying evidence of lawful possession.

2. Import into this state any wildlife that may come into contact with the public and tests positive for zoonotic disease, as established under subsection (J)(9).

L. A zoo license holder shall dispose of restricted live wildlife in this state by:

1. Giving, selling, or trading the wildlife to:

a. Another zoo licensed under this Section;

b. An appropriate special license holder or appropriately licensed or permitted facility in another state or country authorized to possess the wildlife being disposed;

2. Giving selling, or donating the wildlife to a medical or scientific research facility exempt from special license requirements under R12-4-407;

3. Exporting the wildlife to a zoo certified by the Association of Zoos and Aquariums or Zoological Association of America; or

4. As otherwise directed by the Department.

M. A zoo license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The zoo license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The report shall summarize the current species inventory, and acquisition and disposition of all wildlife held under the license.

N. A zoo license holder shall request the authority to possess a new species of restricted live wildlife by submitting a written request to the Department prior to acquisition, unless the wildlife was:

1. Held under the previous year's zoo license and included in the previous annual report, or

2. Authorized in advance by the Department in writing.

O. A zoo license holder shall comply with the requirements established under R12-4-409, R12-4-426, R12-4-428, and R12-4-430, as applicable.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-421 Wildlife Service License

A. A wildlife service license authorizes a person to provide, advertise, or offer assistance in removing the live wildlife listed below to the general public. For the purposes of this Section, the following wildlife, as defined under A.R.S. § 17-101(B), are designated live wildlife:

1. Furbearing animals;

2. Javelina ( Pecari tajacu );

3. Nongame animals;

4. Predatory animals; and

5. Small game.

B. A wildlife service license is not required when conducting pest control removal services authorized under A.R.S. § Title 3, Chapter 20 for the following wildlife not protected under federal regulation:

1. Rodents, except those in the family Sciuridae;

2. European starlings ( Sturnus vulgaris );

3. Rosy-faced lovebirds ( Agapornis roseicollis );

4. House sparrows ( Passer domesticus );

5. Eurasian collared-doves ( Streptopelia decaocto );

6. Rock pigeons ( Columba livia ); and

6. 7. Any other non-native wildlife species.

C. A wildlife service license allows a person to conduct activities that facilitate the removal and relocation of live wildlife listed under subsection (A) when the wildlife causes property damage, poses a threat to public health or safety, or if the health or well-being of the wildlife is threatened by its immediate environment. Authorized activities include, but are not limited to, capture, removal, transportation, and relocation.

D. The wildlife service license expires on the last day of the third December from the date of issuance.

E. An employee of a governmental public safety agency is not required to possess a wildlife service license when the employee is acting within the scope of the employee's official duties.

F. In addition to the requirements established under this Section, a wildlife service license holder shall comply with the special license requirements established under R12-4-409.

G. The wildlife service license holder shall be responsible for compliance with all applicable regulatory requirements; the license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

H. The Department shall deny a wildlife service license to a person who fails to meet the requirements established under R12-4-409 or this Section or when the person's wildlife service privileges are suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. An applicant for a wildlife service license shall submit an application to the Department. The application is furnished by the Department and is available from any Department office and on the Department's website. An applicant shall provide the following information on the application:

The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number;

d. Physical description, to include the applicant's eye color, hair color, height, and weight; and;

e. Department ID number, when applicable;

2. If the applicant will perform license activities for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address;

d. c. Telephone number; and

e. d. Hours and days of the week the applicant will be available for service;

3. The designated wildlife species or groups of species listed under subsection (A) that will be removed under the license;

4. The methods that the wildlife license holder will use to perform authorized activities;

5. The general geographic area where services will be performed;

6. Any other information required by the Department; and

7. The certification required under R12-4-409(C).

J. In addition to the requirements listed under subsection (I), at the time of application, an applicant for a wildlife service license shall also submit:

1. Proof the applicant has a minimum of six months full-time employment or volunteer experience handling wildlife of the species or groups designated on the application; and

2. A written proposal that contains all of the following information:

a. Applicant's experience in the capture, handling, and removal of wildlife;

b. Specific species the applicant has experience capturing, handling, or removing;

c. General location and dates when the activities were performed;

d. Methods used to carry out the activities;

e. The methods used to dispose of the wildlife.

K. When renewing a license without change to the species or species groups authorized under the current license, the wildlife service license holder may reference supporting materials previously submitted in compliance with subsection (J).

L. An applicant for a wildlife service license shall pay all applicable fees required under R12-4-412.

M. A wildlife service license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Facilitate the removal and relocation of designated wildlife in a manner that:

a. Is least likely to cause injury to the wildlife; and

b. Will prevent the wildlife from coming into contact with the general public.

3. Obtain special authorization from the Department regional office that has jurisdiction over the area where the activities will be conducted when performing any activities involving javelina.

4. Release captured designated wildlife only as follows:

a. Without immediate threat to the animal or potentially injurious contact with humans;

b. During an ecologically appropriate time of year;

c. Into a suitable habitat;

d. In the same geographic area as the animal was originally captured, except that birds may be released at any location statewide within the normal range of that species in an ecological suitable habitat; and

e. In an area designated by the Department regional office that has jurisdiction over the area where it was captured.

5. Euthanize the wildlife using the safest, quickest, and most humane method available.

6. Dispose of all wildlife that is euthanized or that otherwise dies while possessed under the license by burial or incineration within 30 days of death, unless otherwise directed by the Department.

Possess the license or legible copy of the license while conducting any wildlife service activity and presents it for inspection upon the request of any Department employee or agent.

8. Inform the Department in writing within five working days of any change in telephone number, area of service, or business hours or days.

9. Maintain records associated with the license for a period of five years following the date of disposition.

N. A wildlife service license holder may submit to the Department a written request to amend the license to add or delete authority to control and release designated species of wildlife, provided the request meets the requirements of this Section.

O. A wildlife service license holder shall not:

1. Exhibit wildlife or parts of wildlife possessed under the license.

2. Possess designated wildlife beyond the period necessary to transport and relocate or euthanize the wildlife.

3. Retain any parts of wildlife.

P. A wildlife service license holder may:

1. Euthanize designated wildlife only when authorized by the Department.

2. Give injured or orphaned wildlife to a wildlife rehabilitation license holder.

Q. A wildlife service license holder shall submit an annual report to the Department before January 31 of each year on activities performed under the license for the previous calendar year. The report form is furnished by the Department.

A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife service license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall provide a list of all services performed under the license to include:

a. The date and location of service;

b. The number and species of wildlife removed, and

c. The method of disposition for each animal removed, including the location and date of release.

R. A wildlife service license holder shall comply with the requirements established under R12-4-409 and R12-4-428.

History

• Adopted effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-422 Sport Falconry License

A. In addition to the definitions provided under A.R.S. § 17-101, R12-4-101, and R12-4-401, and for the purposes of this Section, the following definitions apply:

"Abatement" means the use of a trained raptor to scare, flush, or haze wildlife to manage depredation or other damage, including threats to human health and safety, caused by the wildlife.

"Abatement services" means the use of raptors possessed under a falconry permit for the control of nuisance species.

"Captive-bred raptor" means a raptor hatched in captivity.

"Hack" means the temporary release of a raptor into the wild to condition the raptor for use in falconry.

"Hybrid" has the same meaning as prescribed under 50 CFR 21.3, revised October 1, 2019. This incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

"Imping" means using a molted feather to replace or repair a damaged or broken feather.

"Imprint" has the same meaning as prescribed under 50 CFR 21.3, revised October 1, 2019. This incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

"Retrices" means a raptor's tail feathers.

"Sponsor" means a licensed General or Master falconer with a valid Arizona Sport Falconry license who has committed to mentoring an Apprentice falconer.

"Suitable perch" means a perch that is of the appropriate size and texture for the species of raptor using the perch.

"Wild raptor" means a raptor taken from the wild, regardless of how long the raptor is held in captivity or whether the raptor is transferred to another licensed falconer or other permit type.

B. An Arizona Sport Falconry license permits a person to capture, possess, train, and transport a raptor for the purpose of sport falconry in compliance with the Migratory Bird Treaty Act and the Endangered Species Act of 1973.

1. The sport falconry license validates the appropriate license for hunting or taking quarry with a trained raptor. When taking quarry using a raptor, a person must possess a valid:

a. Sport falconry license, and

b. Appropriate hunting license.

2. The sport falconry license is valid until the third December from the date of issuance.

3. A licensed falconer may capture, possess, train, or transport wild, captive-bred, or hybrid raptors, subject to the limitations established under subsections (H)(1), (H)(2), and (H)(3), as applicable.

C. The Department shall comply with the licensing time-frame established under R12-4-106.

D. A resident who possesses or intends to possess a raptor for the purpose of sport falconry shall hold an Arizona Sport Falconry license, unless the person is exempt under A.R.S. § 17-236(C) or possesses only raptors not listed under 50 CFR Part 10.13, revised October 1, 2019, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

E. In addition to the requirements established under this Section, a licensed falconer shall also comply with special license requirements established under R12-4-409.

F. The sport falconry license holder shall be responsible for compliance with all applicable regulatory requirements; the license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations;

Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license; or

Authorize a licensed falconer to capture or release a raptor or practice falconry on public lands where prohibited or on private property without permission from the land owner or land management agency.

G. The Department shall deny a sport falconry license to a person who fails to meet the requirements established under R12-4-409, or this Section. The Department shall provide a written notice to an applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

H. The Department may issue a Sport Falconry license for the following levels to an eligible person:

1. Apprentice level license:

a. An Apprentice falconer shall:

i. Be at least 12 years of age; and

ii. Have a written statement from a sponsor who is a licensed Master Falconer or a General Falconer while practicing falconry as an apprentice. The written statement shall meet the requirements established under subsection (K)(3)(a)(vi). When a sponsorship is terminated, the apprentice is prohibited from practicing falconry until a new sponsor is acquired. After acquiring a new sponsor, an apprentice shall submit a written statement from the new sponsor to the Department within 30 days. The written statement shall meet the requirements established under subsection (K)(3)(a)(vi).

b. An Apprentice falconer may possess only one raptor at a time for use in falconry.

c. An Apprentice falconer is prohibited from possessing any:

i. Species listed under 50 CFR 17.11, revised October 1, 2019, and subspecies,

ii. Raptor taken from the wild as a nestling,

iii. Raptor that has imprinted on humans,

iv. Bald eagle ( Haliaeetus leucocephalus ),

v. White-tailed eagle ( Haliaeetus albicilla ),

vi. Steller's sea-eagle ( Haliaeetus pelagicus ), or

vii. Golden eagle ( Aquila chrysaetos ).

viii. For the purposes of subsection (H)(1)(c)(i), this incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

2. General level license:

a. A General falconer shall:

i. Be at least 16 years of age; and

ii. Have submit a written statement provided by the Apprentice Falconer's sponsor, stating that the General falconer practiced falconry as an apprentice falconer for at least two years, including maintaining, training, flying, and hunting with a raptor for at least four months in each year. An applicant cannot substitute any falconry school program or education to shorten the two-year Apprentice period.

b. A General falconer may possess:

i. Up to three raptors at a time for use in falconry; and

ii. Up to the total number of federally permitted or sub-permitted raptors as indicated on the Master falconer's respective federal abatement or propagation permit.

c. A General falconer is prohibited from possessing a:

i. Bald eagle,

ii. White-tailed eagle,

iii. Steller's sea-eagle, or

iv. Golden eagle.

3. Master level license:

a. A Master falconer shall have practiced falconry as a General falconer for at least five years using raptors possessed by that falconer.

b. A Master falconer may possess:

i. Any species of wild, captive-bred, or hybrid raptor.

ii. Any number of captive-bred raptors provided they are trained and used in the pursuit of wild game;

iii. Up to three of the following species, provided the requirements established under subsection (H)(3)(d) are met: Golden eagle, White-tailed eagle, or Steller's Sea eagle; and

iv. Up to the total number of federally permitted abatement or propagation raptors as indicated on the Master falconer's respective federal abatement or propagation permit.

c. A Master falconer is prohibited from possessing:

i. More than three eagles

ii. A bald eagle, or

iii. More than five wild caught raptors.

d. A Master falconer who wishes to possess an eagle shall apply for and receive approval from the Department before possessing an eagle for use in falconry. The licensed falconer shall submit the following documentation to the Department before a request may be considered:

i. Proof the licensed falconer has experience in handling large raptors such as, but not limited to, ferruginous hawks ( Buteo regalis ) and goshawks ( Accipter gentilis );

ii. Information regarding the raptor species, to include the type and duration of the activity in which the experience was gained; and

iii. Written statements of reference from two persons who have experience handling or flying large raptors such as, but not limited to, eagles, ferruginous hawks, and goshawks. Each written statement shall contain a concise history of the author's experience with large raptors, and an assessment of the applicant's ability to care for and fly an eagle in falconry.

I. A sponsor shall:

1. Be at least 18 years of age.

2. Have practiced falconry as a Master or General falconer for at least two years.

3. Sponsor no more than three apprentices at any one time.

4. Notify the Department within 30 consecutive days after a sponsorship is terminated.

5. Determine the appropriate species of raptor for possession by an apprentice.

6. Provide instruction to the Apprentice falconer pertaining to:

a. Husbandry, training, and trapping of raptors held for falconry;

b. Hunting with a raptor; and

c. Relevant wildlife laws and regulations.

J. A falconer licensed in another state or country is exempt from obtaining an Arizona Sport Falconry license under R12-4-407(B)(9), unless the falconer remains in Arizona for more than 180 consecutive days. A falconer licensed in another state or country and who remains in this state for more than the 180-day period shall apply for an Arizona Sport Falconry license in order to continue practicing sport falconry in this state. The falconer licensed in another state or country shall present a copy of the out-of-state or out-of-country falconry license, or its equivalent, to the Department upon request.

1. A falconer licensed in another state shall:

a. Comply with all applicable state and federal falconry regulations,

b. Possess only those raptors authorized under the out-of-state sport falconry license, and

c. Provide a health certificate for each raptor possessed under the out-of-state sport falconry license when the raptor is present in this state for more than 30 consecutive days. The health certificate may be issued after the date of the interstate importation, but shall have been issued no more than 30 consecutive days prior to the interstate importation.

2. A falconer licensed in another country may possess, train, and use for falconry only those raptors authorized under the out-of-country sport falconry license, provided the import of that species into the United States is not prohibited. This subsection does not prohibit the falconer from flying or training a raptor lawfully possessed by any other licensed falconer.

3. A falconer licensed in another country is prohibited from leaving an imported raptor in this state, unless authorized under federal permit. The falconer shall report the death or escape of a raptor possessed by that falconer to the Department as established under subsection (O)(1) or prior to leaving the state, whichever occurs first.

4. A falconer licensed in another country shall:

a. Comply with all applicable state and federal falconry regulations;

b. Comply with falconry licensing requirements prescribed by the country of licensure not in conflict with federal or state law;

c. Notify the Department no less than 30 consecutive days prior to importing a raptor into this state;

d. Provide a health certificate, issued no earlier than 30 consecutive days prior to the date of importation, for each raptor imported into this state; and

e. Attach two functioning radio transmitters to any raptor imported into this country by the falconer while flown free in this state by any falconer.

K. An applicant for a Sport Falconry license shall pass the examination required under subsection (N), ensure their raptor housing facility is inspected and meets the requirements established under subsection (M), and submit an application to the Department. The application is furnished by the Department and is available at any Department office and the Department's website.

1. An applicant shall provide the following information on the application:

a. Falconry level desired;

b. Name;

c. Date of birth;

d. Mailing address;

e. Telephone number, when available;

f. Department I.D. number;

g. Applicant's physical description, to include the applicant's eye color, hair color, height, and weight;

h. Arizona hunting license number, when available;

i. Number of years of experience as a falconer;

j. Current Falconry license level;

k. Physical address of a housing facility when the raptor is kept at another location, when applicable;

l. Information documenting all raptors possessed by the applicant at the time of application, to include:

i. Species;

ii. Subspecies, when applicable;

iii. Age;

iv. Sex;

v. Band or microchip number, as applicable;

vi. Date and source of acquisition; and

m. The certification required under R12-4-409(C);

n. Parent or legal guardian's signature, when the applicant is under the age of 18;

o. Date of application; and

p. Any other information required by the Department.

2. An applicant shall certify that the applicant has read and is familiar with applicable state laws, rules, and the regulations under 50 CFR Part 13 and the other applicable parts in 50 CFR Chapter I, Subchapter B and that the information submitted is complete and accurate to the best of their knowledge and belief.

3. In addition to the information required under subsection (K)(1), a person applying for:

a. An Apprentice level license shall also provide the sponsor's:

i. Name,

ii. Date of birth,

iii. Mailing address,

iv. Department I.D. number,

v. Telephone number, and

vi. A written statement from the sponsor stating that the falconer agrees to sponsor the applicant.

b. A General level license shall also provide:

i. Information documenting the applicant's experience in maintaining falconry raptors, to include the species and period of time each raptor was possessed while licensed as an Apprentice falconer; and

ii. A written statement from the sponsor certifying that the applicant has practiced falconry at the Apprentice falconer level for at least two years, and maintained, trained, flown, and hunted with a raptor for at least four months in each year.

c. A Master level license shall certify that the falconer has practiced falconry as a General falconer with his or her own raptors for at least five years.

L. An applicant for any level Sport Falconry license shall pay all applicable fees required under R12-4-412.

M. The Department shall inspect the applicant's raptor housing facilities, materials, and equipment to verify compliance with the requirements established under R12-4-409(I), and this Section before issuing a Sport Falconry license. The applicant or licensed falconer shall ensure all raptors currently possessed by the falconer and kept in the housing facility are present at the time of inspection.

1. The Department may inspect a housing facility, equipment, raptors, or records:

a. At any time before or during the license period to determine compliance with this Section,

a. b. After a change of location, when the Department cannot verify the housing facility is the same facility as the one approved by a previous inspection, or

b. c. Prior to the acquisition of a new species or addition of another raptor when the previous inspection does not indicate the housing facilities can accommodate a new species or additional raptor.

d. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

2. A licensed falconer shall notify the Department no more than five business days after changing the location of a housing facility.

When a housing facility is located on property not owned by the licensed falconer, the falconer shall provide a written statement signed and dated by the property owner at the time of inspection. The written statement shall specify that the licensed falconer has permission to keep a raptor on the property and the property owner permits the Department to inspect the falconry housing facility at any reasonable time of day and in the presence of the licensed falconer.

4. A licensed falconer shall ensure the housing facility:

a. Provides a healthy and safe environment,

b. Is designed to keep predators and domestic animals out,

c. Is designed to avoid injury to the raptor,

d. Is easy to access,

e. Is easy to clean, and

f. Provides access to fresh water and sunlight.

5. In addition to the requirements established under R12-4-409(I):

a. A licensed falconer shall ensure housing facilities where raptors are held:

i. Has a suitable perch that is protected from extreme temperatures, wind, and excessive disturbance for each raptor;

ii. Has at least one opening for sunlight; and

iii. Has walls that are solid, constructed of vertical bars spaced narrower than the width of the body of the smallest raptor housed therein, or any other suitable materials approved by the Department. A nestling may be kept in any suitable container or enclosure until it is capable of flight.

b. A licensed falconer shall possess all of the following equipment:

i. At least one flexible, weather-resistant leash;

ii. One swivel appropriate to the raptor being flown;

iii. At least one water container, available to each raptor kept in the housing facility, that is at least two inches deep and wider than the length of the largest raptor using the container;

iv. A reliable scale or balance suitable for weighing raptors, graduated in increments of not more than 15 grams;

v. Suitable equipment that protects the raptor from extreme temperatures, wind, and excessive disturbance while transporting or housing a raptor when away from the permanent housing facility where the raptor is kept, and

vi. At least one pair of jesses constructed of suitable material or Alymeri jesses consisting of an anklet, grommet, and removable strap that attaches the anklet and grommet to a swivel. The falconer may use a one-piece jess only when the raptor is not being flown.

6. A licensed falconer may keep a falconry raptor inside the falconer's residence provided a suitable perch is supplied. The falconer shall ensure all flighted raptors kept inside a residence are tethered or otherwise restrained at all times, unless the falconer is moving the raptor into or out of the residence. This subsection does not apply to nestlings, which do not need to be tethered or otherwise restrained.

7. A licensed falconer may keep multiple raptors together in one enclosure untethered only when the raptors are compatible with each other.

8. A licensed falconer may keep a raptor temporarily outdoors in the open provided the raptor is continually under observation by the falconer or an individual designated by the falconer.

9. A licensed falconer may keep a raptor in a temporary housing facility that the Department has inspected and approved for no more than 120 consecutive days.

10. A licensed falconer may keep a raptor in a temporary housing facility that the Department has not inspected or approved for no more than 30 consecutive days. The falconer shall notify the Department of the temporary housing facility prior to the end of the 30-day period. The Department may inspect a temporary housing facility as established under R12-4-409(J).

N. Prior to the issuance of a Sport Falconry license, an applicant shall:

1. Present proof of a previously held state-issued sport falconry license, or

2. Correctly answer at least 80% of the questions on the Department administered written examination.

a. A person whose Sport Falconry license is expired more than five years shall take the examination. The Department shall issue to an eligible applicant a license for the sport falconry license type previously held by the applicant after the applicant correctly answers at least 80% of the questions on the written examination and presents proof of the previous Sport Falconry license.

b. A person who holds a falconry license issued in another country shall correctly answer at least 80% of the questions on the written examination. The Department shall determine the level of license issued based upon the applicant's documentation.

O. A licensed falconer shall:

1. Submit a paper copy of the 3-186A form to report any of the following raptor possession changes to the Department no more than 10 business days after the occurrence:

a. Acquisition,

b. Banding,

c. Escape into the wild without recovery after 30 consecutive days have passed,

d. Death,

e. Microchipping,

f. Rebanding,

g. Release,

h. Take, or

i. Transfer.

2. Submit a copy of the falconer's federal propagation report, when applicable.

3. Submit a copy of the falconer's federal abatement report, when applicable.

2. 4. Upon discovering the theft of a raptor, the falconer shall immediately report the theft of a raptor to the Department and USFWS by:

a. Contacting the Department's regional office within 48 hours; and

b. Submitting the electronic 3-186A form within 10 days.

P. A licensed falconer shall print and maintain copies of all required 3-186A form and associated documents for each abatement, falconry, and propagation raptor possessed by the falconer, as applicable. The falconer shall retain copies of all required documents for a period of five years from the date on which the raptor left the falconer's possession.

Q. A licensed falconer or a person with a valid falconry license, or its equivalent, issued by any state meeting federal falconry standards may capture a raptor for the purpose of falconry only when authorized by Commission Order.

1. A falconer attempting to capture a raptor shall possess:

a. A valid Arizona Sport Falconry license or valid falconry license, or its equivalent, issued by another state, and

b. Any required Arizona hunt permit-tag issued to the licensed falconer for take of the authorized raptor, and

c. A valid Arizona hunting or combination license. A short-term combination hunting and fishing license is not valid for capturing a raptor under this subsection.

2. An Apprentice falconer may take from the wild:

a. Any raptor not prohibited under subsection (H)(1)(c) that is less than one year of age, except nestlings or

b. An adult raptor.

3. A General or Master falconer may take from the wild:

a. A raptor of any age, including nestlings, provided at least one nestling remains in the nest; or

b. An adult raptor.

4. A licensed falconer shall take no more than two raptors from the wild for use in falconry each calendar year. For the purpose of take limits, a raptor is counted towards the licensed falconer's take limit by the falconer who originally captured the raptor.

5. A falconer attempting to capture a raptor shall:

a. Not use stupefying substances;

b. Use a trap or bird net that is not likely to cause injury to the raptor;

c. Ensure that each trap or net the falconer is using is continually attended; and

d. Ensure that each trap used for the purpose of capturing a raptor is marked with the falconer's name, address, and license number.

6. A licensed falconer shall report the injury of any raptor injured due to capture techniques to the Department. The falconer shall transport the injured raptor to a veterinarian or licensed rehabilitator and pay for the cost of the injured raptor's care and rehabilitation. After the initial medical treatment is completed, the licensed falconer shall either:

a. Keep the raptor and the raptor shall count towards the falconer's take and possession limit, or

b. Transfer the raptor to a permitted wildlife rehabilitator and the raptor shall not count against the falconer's take or possession limit.

7. When a licensed falconer takes a raptor from the wild and transfers the raptor to another falconer who is present at a capture site, the falconer receiving the raptor is responsible for reporting the take of the raptor.

8. A General or Master falconer may capture a raptor that will be transferred to another licensed falconer who is not present at the capture site. The falconer who captured the raptor shall report the take of the raptor and the capture shall count towards the General or Master falconer's take limit. The General or Master falconer may then transfer the raptor to another falconer.

9. A General or Master falconer may capture a raptor for another licensed falconer who cannot attend the capture due to a long-term or permanent physical impairment. The licensed falconer with the physical impairment is responsible for reporting the take of the raptor and the raptor shall count against their take and possession limits.

10. A licensed falconer may capture any raptor displaying a seamless metal band, or any other item identifying it as a falconry raptor, regardless of whether the falconer is prohibited from possessing the raptor. The capturing falconer shall return the recaptured raptor to the falconer of record. The raptor shall not count towards the capturing falconer's take or possession limits, provided the capturing falconer reports the temporary possession of the raptor to the Department no more than five consecutive days after capturing the raptor.

a. When the falconer of record cannot or does not wish to possess the raptor, the falconer who captured the raptor may keep the raptor, provided the falconer is eligible to possess the species and may do so without violating any requirement established under this Section.

b. When the falconer of record cannot be located, the Department shall determine the disposition of the recaptured raptor.

11. A licensed falconer may capture and shall report the capture of any raptor wearing a transmitter to the Department no more than five business days after the capture. The falconer shall attempt to contact the researcher or licensed falconer who applied the transmitter and facilitate the replacement or retrieval of the transmitter and raptor. The falconer may possess the raptor for no more than 30 consecutive days while waiting for the researcher or falconer to retrieve the transmitter and raptor. The raptor shall not count towards the falconer's take or possession limits, provided the falconer reports the temporary possession of the raptor to the Department no more than five consecutive days after capturing the raptor. The Department shall determine the disposition of a raptor when the researcher or falconer does not replace the transmitter or retrieve the raptor within the initial 30-day period.

12. A licensed falconer may capture any raptor displaying a federal Bird Banding Laboratory (BBL) aluminum research band or tag, except a peregrine falcon ( Falco peregrinus ). A licensed falconer who captures a raptor wearing a research band or tag shall report the following information to BBL and the Department:

a. Species,

b. Band or tag number,

c. Location of the capture, and

d. Date of capture.

e. A person can report the capture of a raptor wearing a research band or tag to BBL by submitting information regarding the capture online at the BBL website.

13. A licensed falconer may recapture a falconer's lost or any escaped falconry raptor at any time. The Department does not consider the recapture of a wild falconry raptor as taking a raptor from the wild.

14. When attempting to trap a raptor in Cochise, Graham, Pima, Pinal, or Santa Cruz counties, a licensed falconer shall:

a. Not begin trapping while a northern aplomado falcon ( Falco femoralis septentrionalis ) is observed in the vicinity of the trapping location.

b. Suspend trapping when a northern aplomado falcon arrives in the vicinity of the trapping location.

15. In addition to the requirements in subsection (Q)(14), an apprentice falconer shall be accompanied by a General or Master falconer when attempting to capture a raptor in Cochise, Graham, Pima, Pinal, or Santa Cruz counties.

16. A licensed Master falconer may take up to two golden eagles from the wild only as authorized under 50 CFR Parts 21 and 22. The Master falconer may:

a. Capture a golden eagle or an immature or sub-adult golden eagle during the time a livestock depredation area and associated depredation permit or depredation control order are in effect as declared by USDA Wildlife Services and permitted under 50 CFR 22.23, or upon the request of the Arizona Governor pursuant to 50 CFR 22.31 and 22.32.

b. Take a nestling from its nest or a nesting adult golden eagle in a livestock depredation area if a biologist representing the agency responsible for declaring the depredation area determines the adult eagle is preying on livestock or wildlife and that any nestling of the adult will be taken by a falconer authorized to possess it or by the biologist and transferred to a person authorized to possess it.

c. The falconer shall inform the Department of the capture plans in person, in writing, or by telephone at least three business days before trapping is initiated. The falconer may send written notification to the Arizona Game and Fish Department's Law Enforcement Programs Coordinator at 5000 West Carefree Highway, Phoenix, Arizona 85086.

17. A licensed falconer shall ensure any falconry activities the falconer is conducting do not cause unlawful take under the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or the Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668 through 668d. The Department or USFWS may provide information regarding where take is likely to occur. The falconer shall report the take of any federally listed threatened or endangered species or bald or golden eagle to the USFWS Arizona Ecological Services Field Office.

R. A licensed falconer shall comply with all of the following banding requirements:

1. A licensed falconer shall ensure the following raptors are banded after capture:

a. Northern Goshawk,

b. Harris's hawk ( Parabuteo unicinctus ), and

c. Peregrine falcon.

2. The falconer shall request a band no more than five consecutive days after the capture of a raptor by contacting the Department. A Department representative or a General or Master licensed falconer may attach the USFWS leg band to the raptor.

3. A licensed falconer shall not use a counterfeit, altered, or defaced band.

4. A falconer holding a federal propagation permit shall ensure a raptor bred in captivity wears a seamless metal band furnished by USFWS, as prescribed under 50 CFR 21.30.

5. A licensed falconer may remove the rear tab on a band and smooth any imperfections on the surface, provided doing so does not affect the band's integrity or numbering.

6. A licensed falconer shall report the loss of a band to the Department no more than five business days after discovering the loss. The falconer shall reband the raptor with a new USFWS leg band furnished by the Department.

S. A licensed falconer may request Department authorization to implant an ISO-compliant [134.2 kHz] microchip in lieu of a band into a captive-bred raptor or raptor listed under subsection (R)(1).

1. The falconer shall submit a written request to the Department.

2. The falconer shall retain a copy of the Department's written authorization and any associated documentation for a period of five years from the date the raptor permanently leaves the falconer's possession.

3. The falconer is responsible for the cost of implanting the microchip and any associated veterinary fees.

T. A licensed falconer may allow a falconry raptor to feed on any species of wildlife incidentally killed by the raptor for which there is no open season or for which the season is closed, but shall not take such wildlife into possession.

U. A General or Master falconer may hack a falconry raptor. Any raptor the falconer is hacking shall count towards the falconer's possession limit during hacking.

1. A falconer is prohibited from hacking a raptor near the nesting area of a federally threatened or endangered species or in any other location where the raptor is likely to disturb or harm a federally listed threatened or endangered species. The Department may provide information regarding where this is likely to occur.

2. A licensed falconer shall ensure any hybrid raptor flown free or hacked by the falconer is equipped with at least two functioning radio transmitters.

V. A licensed falconer may release:

1. A wild-caught raptor permanently into the wild under the following circumstances:

a. The raptor is native to Arizona,

b. The falconer removes the raptor's falconry band and any other falconry equipment prior to release, and

c. The falconer releases the raptor in a suitable habitat and under suitable seasonal conditions.

A captive-bred raptor permanently into the wild only when the raptor is native to Arizona and the Department approves the release of the raptor. The falconer shall request permission to release the captive-bred raptor by contacting the Department. When permitted by the Department and before releasing the captive-bred raptor, the General or Master falconer shall hack the captive-bred raptor in a suitable habitat and the appropriate season.

3. A licensed falconer is prohibited from intentionally releasing any hybrid or non-native raptor permanently into the wild.

W. A Master falconer may conduct and receive payment for abatement conducted with a falconry raptor or federally permitted abatement raptor. The falconer shall apply for and obtain all required federal permits prior to conducting any abatement activities. The falconer shall comply with the reporting requirement under subsection (O). A General falconer may conduct abatement activities only when authorized under the federal permit held by the Master falconer.

X. A person other than a licensed falconer may temporarily care for a falconry raptor for no more than 45 consecutive days, unless approved by the Department. The raptor under temporary care shall remain in the falconer's facility. The raptor shall continue to count towards the falconer's possession limit. An unlicensed caretaker shall not fly the raptor. The falconer may request an extension from the Department to the temporary possession period if extenuating circumstances occur. The Department shall evaluate extension requests on a case-by-case basis.

Y. A licensed falconer may serve as a caretaker for another licensed falconer's raptor for no more than 120 consecutive days, unless approved by the Department. The falconer shall provide the temporary caretaker with a signed and dated statement authorizing the temporary possession of each raptor and a copy of USFWS form 3-186A that shows that the licensed falconer is the possessor of each raptor. The statement shall also include the temporary possession period and activities the caretaker may conduct with the raptor. a The raptor under temporary care shall not count toward the caretakers possession limit. The temporary caretaker may fly or train the raptor when permitted by the falconer in writing. The falconer may request an extension from the Department to the temporary possession period if extenuating circumstances occur. The Department shall evaluate extension requests on a case-by-case basis.

Z. A General or Master falconer may assist any federally licensed wildlife rehabilitator in conditioning a raptor the licensed falconer is authorized to possess in preparation for the raptor's release to the wild. The falconer may temporarily remove the raptor from the rehabilitation facilities while conditioning the raptor. The raptor shall remain under the rehabilitator's license and shall not count towards the falconer's possession limit. The rehabilitator shall provide the licensed falconer with a written statement authorizing the falconer to assist the rehabilitator. The written statement shall also identify the raptor by species, type of injury, and band number, when available. The licensed falconer shall return the raptor to the rehabilitator within the 180-day period established under R12-4-423(T), unless the raptor is:

Released into the wild in coordination with the rehabilitator and as authorized under this subsection,

2. Allowed to remain with the rehabilitator for a longer period of time as authorized under R12-4-423(U), or

Transferred permanently to the falconer, provided the falconer may legally possess the raptor and the Department approves the transfer. The raptor shall count towards the falconer's possession limit.

AA. A licensed falconer may use a raptor possessed for falconry in captive propagation, when permitted by USFWS. A licensed falconer is not required to transfer a raptor from a Sport Falconry license to another license when the raptor is used for captive propagation less than eight months in a year.

BB. A General or Master licensed falconer may use a lawfully possessed raptor in a conservation education program presented in a public venue. An Apprentice falconer, under the direct supervision of a General or Master falconer, may use a lawfully possessed raptor in a conservation education program presented in a public venue. The primary use for a raptor is falconry; a licensed falconer shall not possess a raptor solely for the purpose of providing a conservation education program. The falconer shall ensure the focus of the conservation education program is to provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds. The falconer may charge a fee for presenting a conservation education program; however, the fee shall not exceed the amount required to recoup the falconer's costs for providing the program. As a condition of the Sport Falconry License, the licensed falconer agrees to indemnify the Department, its officers, and employees. The falconer is liable for any damages associated with the conservation education activities.

CC. A licensed falconer may allow the photography, filming, or similar uses of a falconry raptor possessed by the licensed falconer, provided:

1. The falconer is not compensated for these activities; and

2. The final product from these activities:

a. Promotes the practice of falconry;

b. Provides information about the biology, ecological roles, and conservation needs of raptors and other migratory birds;

c. Endorses a nonprofit falconry organization or association, products, or other endeavors related to falconry; or

d. Is used in scientific research or science publications.

DD. A licensed falconer may use or dispose of lawfully possessed falconry raptor feathers. A falconer shall not buy, sell, or barter falconry raptor feathers. A falconer may possess feathers for imping from each species of raptor that the falconer currently possesses or has possessed.

1. The licensed falconer may transfer or receive feathers for imping from:

a. Another licensed falconer,

b. A licensed wildlife rehabilitator, or

c. Any licensed propagator located in the United States.

2. A licensed falconer may donate falconry raptor feathers, except bald and golden eagle feathers, to:

a. Any person or institution permitted to possess falconry raptor feathers,

b. Any person or institution exempt from the permit requirement under 50 CFR 21.12, or

c. A non-eagle feather repository. The Department may provide information regarding the submittal of falconry raptor feathers to a non-eagle feather repository.

3. A licensed falconer shall gather primary and secondary flight feathers or retrices that are molted or otherwise lost from a golden eagle and either retain the feathers for imping purposes or submit the feathers to the U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022.

4. A falconer whose license is either revoked or expired shall dispose of all falconry raptor feathers in the falconer's possession.

EE. Arizona licensed falconers importing raptors into Arizona shall have a health certificate issued no more than 30 consecutive days:

1. Prior to the international importation, or

Prior to or after the inter-state importation.

FF. A licensed falconer may conduct any of the following activities with any captive-bred raptor provided the raptor is wearing a seamless band and the person receiving the raptor possesses an appropriate special license:

Barter,

2. Offer for barter,

3. Gift,

4. Purchase,

5. Sell,

6. Offer for sale, or

7. Transfer.

GG. A licensed falconer is prohibited from conducting any of the following activities with any wild-caught raptor protected under the Migratory Bird Treaty Act:

1. Barter,

2. Offer for barter,

3. Purchase,

4. Sell, or

5. Offer for sale.

HH. A licensed falconer may transfer:

1. Any wild-caught falconry raptor lawfully captured in Arizona with or without a permit tag to another Arizona Sport Falconry License holder at any time.

a. The raptor shall count towards the take limit for that calendar year for the falconer taking the raptor from the wild.

b. The raptor shall not count against the take limit of the falconer receiving the raptor.

2. Any wild-caught falconry raptor to another license or permit type under this Article or federal law, provided the raptor has been used in the sport of falconry for at least two years preceding the transfer.

3. A wild-caught falconry sharp-shinned hawk ( Accipiter striatus ), Cooper's hawk ( Accipiter cooperii) , merlin ( Falco columbar-ius ), or American kestrel ( Falco sparverius ) to another license or permit type under this Article or federal law, provided the raptor has been used in the sport of falconry for at least one-year preceding the transfer.

4. Any hybrid or captive-bred raptor to another licensed falconer or permit type under this Article or federal law at any time.

5. Any falconry raptor that is no longer capable of being flown, as determined by a veterinarian, to another permit type at any time. The licensed falconer shall provide a copy of the documentation from the veterinarian stating that the raptor is not useable in falconry to the Federal Migratory Bird Permits office that administers the other permit type.

II. A licensed falconer shall not transfer a wild-caught raptor species to a licensed falconer in another state for at least one year from the date of capture if either resident or nonresident take is managed through Commission Order by way of a permit-tag, nonpermit-tag, or annual harvest quota system. However, a licensed falconer may transfer a wild-caught raptor that is not managed through Commission Order by way of a permit-tag, nonpermit-tag, or annual harvest quota system to a licensed falconer in another state at any time.

JJ. A surviving spouse, executor, administrator, or other legal representative of a deceased or incapacitated licensed falconer shall transfer any raptor held by the licensed falconer to another licensed falconer no more than 90 consecutive days after the death of the falconer. The Department shall determine the disposition of any raptor not transferred prior to the end of the 90-day period.

KK. A licensed falconer shall conduct the following activities, as applicable, no more than 10 business days after either the death of a falconry raptor or the final examination of a deceased raptor by a veterinarian:

1. Dispose of any raptor suspected or confirmed with West Nile Virus or poisoning, except for lead poisoning, by incineration.

1. 2. For a bald or golden eagle, send the entire body, including all feathers, talons, and other parts, to the National Eagle Repository;

2. 3. For any euthanized non-eagle raptor, to prevent secondary poisoning of other wildlife, the falconer shall either submit the carcass to a non-eagle repository or burn, bury, or otherwise destroy the carcass;

3. 4. For all other species:

a. Submit the carcass to a non-eagle repository;

b. Submit the carcass to the Department for submission to a non-eagle repository;

c. Donate the body or feathers to any person or institution exempt under 50 CFR 21.12 or authorized by USFWS to acquire and possess such parts or feathers;

d. Retain the carcass or feathers for imping purposes as established under subsection (DD);

e. Burn, bury, or otherwise destroy the carcass; or

f. Mount the raptor carcass. The falconer shall ensure any microchip implanted in the raptor is not removed and any band attached to the raptor remains on the mount. The falconer may use the mount for a conservation education program. The falconer shall ensure copies of the license and all relevant 3-186A forms are retained with the mount. The mount shall not count towards the falconer's possession limit.

5. A license holder submitting a carcass or parts of a carcass of any raptor that has been euthanized shall ensure a tag indicating the raptor was euthanized is attached to the carcass or parts of the carcass before submitting it to the National Eagle Repository or non-eagle repository, as applicable.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended effective April 4, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Amended by final rulemaking at 18 A.A.R. 958, effective January 1, 2013 (Supp. 12-2). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-423 Wildlife Rehabilitation License

A. For the purposes of this Section, "volunteer" means a person who: Is not designated as an agent, as defined under R12-4-401, Assists a wildlife rehabilitation license holder without compensation, and Is under the direct supervision of the license holder at the location specified on the wildlife rehabilitation license.

B. A wildlife rehabilitation license is issued for the sole purpose of restoring and returning wildlife to the wild through rehabilitative services. The license allows a person 18 years of age or older to conduct any of the following activities with live injured, disabled, orphaned or otherwise debilitated wildlife specified on the rehabilitation license:

1. Capture;

2. Euthanize;

3. Export to a licensed zoo, when authorized by the Department;

4. Receive from the public;

4. 5. Rehabilitate;

5. 6. Release;

6. 7. Temporarily possess;

7. 8. Transport; or

8. 9. Transfer to one of the following:

a. Licensed veterinarian for treatment or euthanasia;

b. Another appropriately licensed special license holder;

c. Licensed zoo, when authorized by the Department; or

9. 10. As otherwise directed in writing by the Department.

C. A wildlife rehabilitation license authorizes the possession of the following taxa or species:

1. Amphibians;

2. Reptiles;

3. Birds:

a. Non-passerines, birds in any order other than those named in subsections (b) through (e);

b. Birds in the orders Falconiformes or Strigiformes , raptors;

c. Birds in the order, Galliformes quails and turkeys;

d. Birds in the order Columbiformes , doves;

e. Birds in the order Trochiliformes , hummingbirds; and

f. Birds in the order Passeriformes , passerines;

4. Mammals:

a. Nongame mammals;

b. Bats;

c. Big game mammals other than cervids: bighorn sheep, bison, black bear, javelina, mountain lion, pronghorn;

d. Carnivores: bobcat, coati, coyote, foxes, raccoons, ringtail, skunks, and weasels; and

e. Small game mammals.

D. A wildlife rehabilitation license authorizes the possession of the following taxa or species only when specifically requested at the time of application:

1. Eagles;

2. Species listed under 50 CFR 17.11, revised October 1, 2019; and

3. The Department's Tier 1 Species of Greatest Conservation Need, as defined under R12-4-401.

4. For the purposes of subsection (D)(2), this incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

E. All wildlife held under the license is the property of the state and shall be surrendered to the Department upon request.

F. The wildlife rehabilitation license expires on the last day of the third December from the date of issuance.

G. In addition to the requirements established under this Section, a wildlife rehabilitation license holder shall comply with the special license requirements established under R12-4-409.

H. The Department shall deny a wildlife rehabilitation license to a person who fails to meet the requirements and criteria established under R12-4-409, R12-4-428, or this Section or when the person's wildlife rehabilitation license is suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409 to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. The wildlife rehabilitation license holder shall be responsible for compliance with all applicable regulatory requirements; the license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations;

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license; or

3. Authorize the license holder to conduct any activities that constitutes the practice of veterinary medicine as prescribed under A.R.S. § 32-2231 whether or not a fee, compensation, or reward is directly or indirectly promised, offered, expected, received or accepted, unless the license holder is currently licensed to practice veterinary medicine in the state of Arizona.

J. Before applying for a wildlife rehabilitation license, a person shall correctly answer at least 80% of the questions on the Department administered written examination. The Department shall consider only those parts of the examination that are applicable to the taxa of wildlife for which the license is sought in establishing the qualifications of the applicant.

1. Examinations are provided by appointment, only.

2. An applicant may request a verbal or written examination.

The examination shall include questions regarding:

a. Wildlife rehabilitation;

b. Safe handling of wildlife;

c. Transporting wildlife;

d. Humane treatment;

e. Nutritional requirements;

f. Behavioral requirements;

g. Developmental requirements;

h. Ecological requirements;

i. Habitat requirements;

j. Captivity standards established under R12-4-428;

k. Human and wildlife safety considerations;

l. State statutes, rules, and regulations regarding wildlife rehabilitation; and

m. National Wildlife Rehabilitation Association minimum standards for wildlife rehabilitation.

4. The applicant must successfully complete the examination within three years prior to the date on which the initial application for the license is submitted to the Department.

K. An applicant for a wildlife rehabilitation license shall submit an application to the Department. The application is furnished by the Department and is available at any Department office and the Department's website. The applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Date of birth;

c. Mailing address;

d. Telephone number;

e. Housing facility address, if different from mailing address;

f. Physical address or general location description and Global Positioning System location; and;

g. Department ID number, when applicable;

2. The wildlife taxa or species listed under subsection (C) that will be possessed under the license;

3. For each location where the applicant proposes to use wildlife, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

4. A detailed description, diagram, and photographs of the housing facility where the applicant will hold the wildlife, and a description of how the housing facility complies with the captivity standards established under this Section;

5. Any other information required by the Department; and

6. The certification required under R12-4-409(C).

L. In addition to the requirements listed under subsection (K), at the time of application, an applicant for a wildlife rehabilitation license shall also submit:

Any one or more of the following:

a. A valid, current license issued by a state veterinary medical examination authority that authorizes the applicant to practice as a veterinarian;

b. Proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week for the taxa or species of animal listed on the application; or

c. A current and valid license, permit, or other form of authorization issued by another state or the federal government that allows the applicant to perform wildlife rehabilitation;

2. Proof the applicant successfully completed the examination required under subsection (J) no more than three years prior to submitting the initial application;

3. An affidavit signed by the applicant affirming either of the following:

a. The applicant is a licensed veterinarian; or

b. A licensed veterinarian is reasonably available to provide veterinary services as necessary to facilitate rehabilitation of wildlife.

4. A written statement describing:

a. The applicant's preferred method of disposing of non-releasable live wildlife as listed under subsection (B); and

b. The applicant's training and experience in handling, capturing, rehabilitating, and caring for the taxa or species when the applicant is applying for a license to perform authorized activities with taxa or species of wildlife listed under subsection (C).

M. A wildlife rehabilitation license holder who wishes to continue activities authorized under the license shall renew the license before it expires.

1. When renewing a license without change to the species, location, or design of the facility where wildlife is held as authorized under the current license, the license holder may reference supporting materials previously submitted in compliance with subsection (K).

2. A license holder applying for a renewal of the license shall successfully complete the examination at the time of renewal when the annual report submitted under subsection (Z) indicates the license holder did not perform any rehabilitative activities under the license.

3. A license holder applying for a renewal of the license shall submit proof the license holder has completed the continuing education requirement established under subsection (N).

N. During the license period a wildlife rehabilitation license holder shall complete eight or more hours of continuing education sessions on wildlife rehabilitation or veterinary medicine. Acceptable continuing education sessions may be obtained from:

1. An accredited university or college;

2. The National Wildlife Rehabilitators Association, 2625 Clearwater Rd. Suite 110, St. Cloud, MN 56301;

3. The International Wildlife Rehabilitation Council, PO Box 3197, Eugene, OR 97403; or

4. Other applicable training opportunities approved by the Department in writing. A license holder who wishes to use other applicable training to meet the eight hour continuing education requirement shall request approval of the other applicable training prior to participating in the education session.

O. At the time of application, a wildlife rehabilitation license holder may request authorization to allow an agent to assist the license holder in carrying out activities authorized under the wildlife rehabilitation license by submitting a written request to the Department.

1. An applicant may request the ability to allow a person to act as an agent on the applicant's behalf, provided:

a. An employment or supervisory relationship exists between the applicant and the agent,

b. The agent submits proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week, and

b. c. The agent's privilege to take or possess live wildlife is not suspended or revoked in any state.

d. An agent shall allow the Department to conduct inspections of an agent's facility when the agent intends to possess wildlife for more than 48 hours. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

2. The license holder shall obtain approval from the Department prior to allowing the agent assist in any activities.

3. The license holder is liable for all acts the agent performs under the authority of this Section.

4. The Department, acting on behalf of the Commission, may suspend or revoke a license for violation of this Section by an agent.

5. The license holder shall ensure the agent possesses a legible copy of the license while conducting any activity authorized under the wildlife rehabilitation license and presents it for inspection upon the request of any Department employee or agent.

P. At any time during the license period, a wildlife rehabilitation license holder may request permission to amend the license to add or delete an agent or a location where wildlife is held; or to obtain authority to rehabilitate additional taxa of wildlife. To request an amendment, the license holder shall submit the following information to the Department, as applicable:

1. To add or delete an agent, the information stated in subsections (K)(1) through (K)(4) (L)(2) as applicable to the agent, and proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week;

2. To add or delete a location, the information stated in subsection (K)(1) through (K)(5); and

3. To obtain authority to rehabilitate additional taxa or wildlife, the information stated in subsection (K)(1) through (K)(5) and (L)(1) through (L)(4).

Q. A wildlife rehabilitation license holder authorized to rehabilitate wildlife species listed under subsection (C)(3)(c), (C)(4)(c) and (C)(4)(d) or (D) shall contact the Department within 24 hours of receiving the individual animal to obtain instructions in handling or transferring that animal. While awaiting instructions, the license holder shall ensure that emergency veterinary care is provided as necessary.

R. A wildlife rehabilitation license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Maintain records associated with the license for a period of five years following the date of disposition.

2. 3. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

3. 4. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. 5. Capture, remove, transport, and release wildlife held under the requirements of this Section in a manner that is least likely to cause injury to the affected wildlife.

5. 6. Conduct rehabilitation only at the location listed on the license

6. 7. Be responsible for all expenses incurred, including veterinary expenses, and all actions taken under the license, including all actions or omissions of all agents and volunteers when performing activities under the license.

7. 8. Immediately surrender wildlife held under the license to the Department upon request.

8. 9. Dispose of all wildlife that is euthanized or that otherwise dies within 30 days of death either by burial, incineration, or transfer to a scientific research institution, except that the license holder shall transfer all carcasses of endangered or threatened species, species listed under the Department's Tier 1 Species of Greatest Conservation Need, or eagles as directed by the Department.

9. 10. Maintain a current log that records the information specified under subsection (Z).

10. 11. Possess the license or legible copy of the license at each authorized location and while conducting any rehabilitation activities and presents it for inspection upon the request of any Department employee or agent.

11. 12. Ensure a copy of the wildlife rehabilitation license accompanies each transfer or shipment of wildlife.

Dispose of any raptor suspected or confirmed with West Nile Virus or poisoning, except for lead poisoning, by incineration.

14. Except as specified under subsection (R)(12), transfer the carcass or parts of the carcass of a deceased raptor as follows:

a. For a bald or golden eagle, send the entire body, including all feathers, talons, and other parts, to the National Eagle Repository, see https://www.fws.gov/eaglerepository/factsheets.php;

b. For any euthanized non-eagle raptor, to prevent secondary poisoning of other wildlife, either submit the carcass to a non-eagle repository or burn, bury, or otherwise destroy the carcass;

c. For all other species:

i. Submit the carcass to a non-eagle repository;

ii. Submit the carcass to the Department for submission to a non-eagle repository.

S. A wildlife rehabilitation license holder shall not:

1. Display for educational purposes any wildlife held under the license.

Exhibit any wildlife held under the license.

3. Permanently possess any wildlife held under the license.

T. A wildlife rehabilitation license holder may possess

1. all wildlife for no more than 90 days

2. Except a bird may be possessed for no more than 180 days, unless the Department has authorized possession for a longer period of time.

U. A license holder may request permission to possess wildlife for a longer period of time than specified in subsection (T) by submitting a written request to the Department.

1. The Department shall approve or deny the request within ten days of receiving the request.

2. For requests made due to a medical necessity, the Department may require the license holder to provide a written statement listing the medical reasons for the extension, signed by a licensed veterinarian.

3. The license holder may continue to hold the specified wildlife while the Department considers the request.

4. If the request is denied, the Department shall send a written notice to the license holder which shall include specific, time-dated directions for the surrender or disposition of the animal.

V. A wildlife rehabilitation license holder who also possesses a federal rehabilitator license may allow a licensed falconer to assist in conditioning a raptor in preparation for the raptor's release to the wild.

1. The license holder may allow the licensed falconer to temporarily remove the raptor from the license holder's facility while conditioning the raptor.

The license holder shall provide the licensed falconer with a written statement authorizing the falconer to assist the license holder.

3. The written statement shall identify the raptor by species, type of injury, and band number, when available.

4. The license holder shall ensure the licensed falconer returns the raptor to the license holder within the 180-day period established under subsection (T).

W. A wildlife rehabilitation license holder may hold wildlife under the license after the wildlife reaches a state of restored health only for the amount of time reasonably necessary to prepare the wildlife for release. Rehabilitated wildlife shall be released:

1. In an area without immediate threat to the wildlife or contact with humans;

During an ecologically appropriate time of year and time of day; and

3. Into a suitable habitat in the same geographic area where the animal was originally obtained; or

4. In an area designated by the Department.

X. Wildlife that is not releasable after the time-frames specified in subsection (T) shall be transferred, disposed of, or euthanized as determined by the Department.

Y. To permanently hold rehabilitated wildlife declared unsuitable for release by a licensed veterinarian, a wildlife rehabilitation license holder shall apply for and obtain a wildlife holding license in compliance with under R12-4-417.

Z. A wildlife rehabilitation license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife rehabilitation license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall contain the following information:

a. The license holder's:

i. Name;

ii. Mailing address; and

iii. Telephone number;

b. Each agent's:

i. Name;

ii. Mailing address; and

iii. Telephone number;

c. The permit or license number of any federal permits or licenses that relate to any rehabilitative function performed by the license holder;

d. For activities related to federally-protected wildlife, a copy of the rehabilitator's federal permit report of activities related to federally-protected wildlife; and

d. e. An itemized list of each animal held under the license during the calendar year for which activity is being reported. For each animal held by the license holder or agent, the itemization shall include:

i. Species;

ii. Condition that required rehabilitation;

iii. Date of acquisition;

iv. Source of acquisition;

v. Location of acquisition;

vi. Age class at acquisition, when reasonably determinable;

vii. Status at disposition or end-of-year in relation to the condition requiring rehabilitation;

viii. Method of disposition;

ix. Location of disposition; and

x. Date of disposition.

e. For activities related to federally-protected wildlife, a copy of the rehabilitator's federal permit report of activities related to federally-protected wildlife satisfies the reporting requirement established under subsection (Z)(4)(c) for federally protected wildlife.

AA. A wildlife rehabilitation license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430, as applicable.

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 12/5/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-424 White Amur Stocking License; Restocking License

A. For the purposes of this Section:

"Closed aquatic system" means any body of water, water system, canal system, or series of lakes, canals, or ponds where triploid white amur are prevented from entering or exiting the system by any natural or man-made barrier, as determined by the Department.

"Triploid" means a species having three homologous sets of chromosomes that renders the individuals sterile.

B. A white amur stocking or restocking license allows a person to import, possess, stock in a closed aquatic system, and transport triploid white amur ( Ctenopharyngodon idella ).

C. The white amur stocking or restocking license is valid for no more than 20 consecutive days.

D. In addition to the requirements established under this Section, a white amur stocking or restocking license holder shall comply with the special license requirements established under R12-4-409.

E. The white amur stocking or restocking license holder shall be responsible for compliance with all applicable regulatory requirements; the licenses do not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a white amur stocking or restocking license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a white amur stocking or restocking license when it determines the issuance of the license may result in a negative impact on native wildlife.

G. An applicant for a white amur stocking or restocking license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to stock white amur. The application is furnished by the Department and is available from any Department office and on the Department's website. The applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and;

d. Department ID number, when applicable;

2. If the applicant will use the wildlife for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

3. 2. For each location where the white amur will be held, stocked, or restocked, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

e. For the purposes of this subsection, the following systems may qualify as separate locations, as determined by the Department:

i. Each closed aquatic system;

ii. Each separately managed portion of a closed aquatic system; or

iii. Multiple separate closed aquatic systems owned, controlled, or legally held by the same applicant where stocking is to occur;

4. 3. A detailed description and diagram of each enclosed aquatic system where the applicant will stock and hold the white amur, as prescribed under A.R.S. § 17-317, which shall include the following information, as applicable:

a. A description of how the system meets the definition of a "closed aquatic system" in subsection (A);

b. Size of waterbody proposed for stocking;

c. Nearest river, stream, or other freshwater system;

d. Points where water enters into each water body;

e. Points where water leaves each water body; and

f. Location of fish containment barriers;

5. 4. For each wildlife supplier from whom the applicant will obtain white amur, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. b. Mailing address; and

d. c. Telephone number;

6. 5. The number and average length of white amur to be stocked;

7. 6. The dates white amur will be stocked, or restocked;

8. 7. Any other information required by the Department; and

9. 8. The certification required under R12-4-409(C).

H. When the Department determines an applicant proposes to stock white amur in a watershed in a manner that conflicts with the Department's efforts to conserve wildlife, in addition to the requirements listed under subsection (G), the applicant shall also submit a written proposal to the Department at the time of application. The written proposal shall contain all of the following:

1. Anticipated benefits from introducing white amur;

2. Potential risks introducing white amur may create for wildlife, including:

a. Whether white amur are compatible with native aquatic species or game fish; and

b. Method for evaluating the potential impact introducing white amur will have on wildlife;

3. Assessment of probable impacts to sensitive species in the area using the list generated by the Department's Online Environmental Review Tool, which is available on the Department's website. The proposal must address each species listed.

I. A person may apply for a white amur restocking license provided there are no changes to the closed aquatic system. The restocking application license application must include the inspection certification from the supplier of white amur as required under subsection (K)(2).

I. J. A person applying for a white amur stocking or restocking license shall pay all applicable fees as prescribed under R12-4-412.

J. K. A white amur stocking and restocking license holder shall comply with the requirements established under R12-4-409.

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Obtain all aquatic wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm operator or a private noncommercial fish pond certified free of the diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the fish farm or pond where the aquatic wildlife or biological material is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to stocking.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any stocking activities.

Maintain records associated with the license for a period of five years following the date of disposition.

3. 4. Allow the Department to conduct inspections of an applicant's or license holder's facility, records, and any waters proposed for stocking at any time before or during the license period to determine compliance with the requirements of this Article and to determine the appropriate number of white amur to be stocked. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

4. 5. Ensure all shipments of white amur are accompanied by a USFWS, or similar agent, certificate confirming the white amur are triploid.

5. 6. Possess the license or legible copy of the license while conducting any activities authorized under the white amur stocking or restocking license and presents it for inspection upon the request of any Department employee or agent.

K. L. A white amur stocking or restocking license holder shall comply with the requirements established under R12-4-409.

History

• Adopted as an emergency effective July 5, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-3). Correction, Historical Note, Supp. 88-3, should read, "Adopted as an emergency effective July 15, 1988..."; readopted and amended as an emergency effective October 13, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted as an emergency effective January 24, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Former Section R12-4-219 amended and adopted as a permanent rule and renumbered as Section R12-4-424 effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-425 Restricted Live Wildlife Lawfully Possessed without License or Permit Before the Effective Date of Article 4 or Any Subsequent Amendments

A. A person who lawfully possessed restricted live wildlife without a license or permit from the Department before the effective date of this Section or any subsequent amendments to R12-4-406, this Section, or this Article may continue to possess the wildlife and to use it for any purpose that was lawful, except propagation, before the effective date of R12-4-406, this Section, or this Article or any subsequent amendments, provided the person complies with the requirements established under subsections (A)(1) or (A)(2).

1. The person submits written notification to the Department's regional office in which the restricted live wildlife is held. The person shall submit the written notification to the regional office within 30 calendar days of the effective date of any subsequent amendments to this Section, R12-4-406, or this Article. The written notification shall include all of the following information:

a. The number of individuals of each species,

b. The purpose for which it is possessed, and

c. The unique identifier for each individual wildlife possessed by the person, as established under subsection (F); or

2. The person maintains documentation of the restricted live wildlife held. The documentation shall include:

a. The number of individuals of each species,

b. Proof the individuals were legally acquired before the effective date of the amendment causing the wildlife to be restricted,

c. The purpose for which it is used, and

d. The unique identifier for each wildlife possessed by the person, as established under subsection (F).

3. The person shall report the birth or hatching of any progeny conceived before and born after the effective date of this Section, R12-4-406, or this Article to the Department and comply with the requirements established under subsection (F).

B. The person shall ensure the written notification described under subsection (A)(1) and (A)(2) includes the person's name, address, and the location where the wildlife is held. A person who maintains their own documentation under subsection (A)(2) shall make it available to the Department upon request.

C. The person shall retain the documentation required under subsections (A)(1) and (A)(2) until the person disposes of the wildlife as described under subsection (D).

C. D. A person who possesses wildlife under this Section shall dispose of it using any one of the following methods:

1. Exportation;

2. Euthanasia;

3. Transfer to an Arizona special license holder, provided the special license authorizes possession of the species involved; or

4. As otherwise directed by the Department in writing.

D. E. If a person transfers restricted live wildlife possessed under this Section to a special license holder:

1. The exemption for that wildlife under this Section expires, and

2. The special license holder shall use, possess, and report the wildlife in compliance with this Article and any stipulations applicable to that special license.

E. F. A person who exports wildlife held under this Section shall not import the wildlife back into this state unless the person obtains a special license prior to importing the wildlife back into this state.

F. G. A person who possesses wildlife under this Section shall permanently and uniquely mark the wildlife with a unique identifier as follows:

1. Within 30 calendar days of the effective date of this Section, R12-4-406, or this Article if the person has notified the Department as provided under subsection (A)(1); or

2. Within 30 calendar days of receiving written notice from the Department directing the person to permanently mark the wildlife.

G. H. A person possessing a desert tortoise ( Gopherus agassizii ) is not subject to the requirements of this Section and shall comply with requirements established under R12-4-404 and R12-4-407.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-426 Possession of Nonhuman Primates

A. For the purposes of this Section, the following definitions apply:

1. "Primate" means a nonhuman animal in the order Primate not listed in R12-4-406(G)(4) .

2. "Infant" means an animal weighing less than 50% of the weight of an adult as identified in "The Pictorial Guide to Living Primates," Pogonias Press 1996, and not including any later edition. This material is incorporated by reference and is available from all Department regional offices and from Pogonias Press, 1411 Shannock Rd., Charlestown, RI 02813-3278.

B. A. A person is prohibited from possessing a nonhuman primate, unless authorized under a special license or lawful exemption.

C. B. A person shall not import a nonhuman primate into this state unless:

1. A person lawfully possessing a nonhuman primate shall ensure the primate is tested and reported to be free of any zoonotic disease that poses a serious health risk as determined by the Department. Zoo-notic diseases that pose a serious health risk include, but are not limited to:

a. Tuberculosis;

b. Simian Herpes B virus;

c. Simian Immunodeficiency Virus;

d. Simian T Lymphotropic Virus; and

e. Gastrointestinal pathogens such as, but not limited to, Shigella, Salmonella, E. coli, and Giardia.

2. A qualified person, as determined by the Department, performs the test and provides the test results; and

3. The tests required under subsection (B)(1) are:

a. Conducted no more than 30 days before the person imports the nonhuman primate; and

b. The person submits the results to the Department prior to importation.

D. C. A person lawfully possessing the nonhuman primate shall contain the primate within the confines of the person's private property or licensed facility.

D. A person possessing a nonhuman primate may only transport the primate by way of a secure cage, crate, or carrier. A person possessing a primate shall only transport the primate to the following locations:

1. To or from a licensed veterinarian;

2. Into or out of the state for lawful purposes.

E. A person lawfully possessing a nonhuman primate that bit, scratched, or otherwise exposed a human to pathogenic organisms, as determined by the Department, shall ensure the primate is examined and laboratory tested for the presence of pathogens as follows:

1. The Department shall prescribe examinations and laboratory testing for the presence of pathogens.

2. The person shall have the non-human primate examined by a state licensed veterinarian who shall perform any examinations or laboratory tests as directed by the Department.

a. The licensed veterinarian shall provide the laboratory results to the Department within 24 hours of receiving the results.

b. The Department shall notify the exposed person and the Department of Health Services, Vector Borne and Zoo-notic Disease Section within 10 days of receiving notice of the test results.

3. The person possessing the nonhuman primate shall pay all costs associated with the examination, laboratory testing, and maintenance of the primate.

F. A person lawfully possessing a nonhuman primate shall ensure a primate that tests positive for a zoonotic disease that poses a serious health risk to humans, or is involved in more than one incident of biting, scratching, or otherwise exposing a human to pathogenic organisms, is maintained in captivity or disposed of as directed in writing by the Department.

G. A zoo license holder or a person using nonhuman primates at a research facility, as defined under R12-4-401, possessing a primate that bit, scratched, or otherwise exposed a human to pathogenic organisms shall quarantine and test the primate in accordance with procedures approved by the Department.

H. A person lawfully possessing a nonhuman primate is subject to the requirements established under R12-4-428.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Rule expired December 31, 1989; text rescinded (Supp. 93-2). New Section adopted by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Section R12-4-426(C) corrected to include subsection (C)(1), under A.R.S. § 41-1011 and A.A.C. R1-1-108, Office File No. M11-77, filed March 4, 2011 (Supp. 10-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015.

Ariz. Admin. Code § R12-4-427 Exemptions from Requirements to Possess a Wildlife Rehabilitation License

A. A person may possess, provide rehabilitative care to, and release to the wild any live wildlife listed below that is injured, orphaned, or otherwise debilitated:

1. The order Passeriformes : non-Migratory Bird Treaty Act listed passerine birds;

2. The order Columbiformes : non-Migratory Bird Treaty Act listed doves;

3. The family Phasianidae : quail, pheasant, and chukars;

The order Rodentia : rodents; and

5. The order Lagomorpha : hares and rabbits.

B. This Section does not:

1. Exempt the person from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

Authorize the person to engage in authorized activities using federally-protected wildlife, unless the person possesses a valid license, permit, or other form of documentation issued by the United States that authorizes the license holder to use that wildlife in a manner consistent with the special license.

C. This Section does not authorize the possession of any of the following:

1. Eggs of wildlife;

2. Wildlife listed as Species of Greatest Conservation Need, as defined under R12-4-401;

3. Migratory birds, as defined under R12-4-101, or

3. 4. More than 25 animals at the same time.

D. A person taking and caring for wildlife listed under this Section is not required to possess a hunting license.

E. A person shall only take wildlife listed under subsection (A) by hand or by a hand-held implement.

F. A person shall not possess wildlife lawfully held under this Section for more than 60 days.

G. The exemptions granted under this Section shall not apply to any person who, by their own action, has unlawfully injured, orphaned, or otherwise debilitated the wildlife.

H. If the wildlife is rehabilitated and suitable for release, the person who possesses the wildlife shall release it within the 60-day period established under subsection (C):

1. Into a habitat that is suitable to sustain the wildlife, or

2. As close as possible to the same geographic area from where it was taken.

I. If the wildlife is not rehabilitated within the 60-day period or the wildlife requires care normally provided by a veterinarian, the person who possesses it shall:

1. Transfer it to a wildlife rehabilitation license holder or veterinarian;

Euthanize it; or

3. Obtain a wildlife holding permit as established under R12-4-417.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-428 Captivity Standards

A. For the purposes of this Section, "animal" means any wildlife possessed under a special license, unless otherwise indicated.

B. A person possessing wildlife under a special license authorized under this Article shall comply with the minimum standards for the humane treatment of animals established under this Section.

C. A person possessing wildlife under an authority granted under this Article shall ensure all facilities meet the following minimum standards:

1. The facility shall be:

a. Constructed of material of sufficient strength to resist any force the animal may be capable of exerting against it.

b. Constructed in a manner designed to reasonably prevent the animal's escape or the entry of unauthorized persons, wildlife, or domestic animals.

c. Constructed and maintained in good condition to protect animals from injury, disease, or death and to enable the humane practices established under this Section.

2. If electricity is required to comply with related requirements established under this Section, each facility shall be equipped with safe, reliable and adequate electric power.

a. All electric wiring shall be constructed and maintained in accordance with all applicable governmental building codes.

b. Electrical construction and maintenance shall be sufficient to ensure that no animal has direct contact with any electrical wiring or electrical apparatus, and the animal is fully protected from any possibility of injury, shock, or electrocution.

3. Each animal shall be supplied with sufficient potable water to meet its needs.

a. All water receptacles shall be kept in clean and sanitary condition.

b. Water shall be readily available and monitored at least once daily or more often when the needs of the animal or environmental conditions dictate.

c. If potable water is not accessible to the animal at all times, it shall be provided as often as necessary for the health and comfort of the animal.

4. Food shall be suitable, wholesome, palatable, free from contamination, and of sufficient appeal, quantity, and nutritive value to maintain the good health of each animal held in the facility.

a. Each animal's diet shall be prepared based upon the nutritional needs and preferences of the animal with consideration for the animal's age, species, condition, size, and all veterinary directions or recommendations in regard to diet.

b. Each animal shall be fed as often as its needs dictate, taking into consideration behavioral adaptations, veterinary treatment or recommendations, normal fasts, or other professionally accepted humane practices.

c. The amount of available food for each animal shall be monitored at least once daily, except for those periods of time when species specific fasting protocols dictate that the animal should not consume any food during the entire day.

d. Food and food receptacles, when used, shall be sufficient in quantity and accessible to all animals in the facility and shall be placed to minimize potential contamination and conflict between animals using the receptacles.

e. Food receptacles shall be kept clean and sanitary at all times.

f. Any self-feeding food receptacles shall function properly and the food they provide shall be monitored at least once daily and shall not be subject to deterioration, contamination, molding, caking, or any other process that would render the food unsafe or unpalatable for the animal.

g. An appropriate means of refrigeration shall be provided for supplies of perishable animal foods.

5. The facility shall be kept sanitary and regularly cleaned as the nature of the animal requires:

a. Adequate provision shall be made for the removal and disposal of animal waste, food waste, unusable bedding materials, trash, debris and dead animals not intended for food.

b. The facility shall be maintained to minimize the potential of parasite, pest, and vermin infestation, disease, and unseemly odors.

c. Excreta shall be removed from the primary enclosure facility as often as necessary to prevent contamination, minimize hazard of disease, and reduce unseemly odors.

d. The sanitary condition of the facility shall be monitored at least once daily.

e. When the facility is cleaned by hosing, flushing, or the introduction of any chemical substances, adequate measures shall be taken to ensure the animal has no direct contact with any chemical substance and is not directly sprayed with water, steam, or chemical substances or otherwise wetted involuntarily.

6. A sanitary and humane method shall be provided to rapidly eliminate excess water from the facility. If drains are utilized, they shall be:

a. Properly constructed.

b. Kept in good condition to avoid foul odors or parasite, pest, or vermin infestation.

c. Installed in a manner that prevents the backup or accumulation of debris or sewage.

7. No animal shall be exposed to any human activity or environment that may have an inhumane or harmful effect upon the animal or that is inconsistent with the purpose of the special license.

8. Facilities shall not be constructed or maintained in proximity to any physical condition which may pose any health threat or unnecessary stress to the animal.

9. Persons caring for the animals shall conduct themselves in a manner that prevents the spread of disease, minimizes stress, and does not threaten the health of the animal.

10. All animals housed in the same facility or within the same enclosed area shall be compatible and shall not pose a substantial threat to the health, life or well-being of any other animal in the same facility or enclosure, whether or not the other animals are held under a special license. This subsection shall not apply to live animals utilized as food items in the enclosures.

Facilities for the enclosure of animals shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement to make normal postural and social adjustments.

a. The facility area shall be large enough and constructed in a manner to allow the animal proper and adequate exercise as is characteristic to each animal's natural behavior and physical needs.

b. Facilities for digging or burrowing animals shall have secure safe floors below materials supplied for digging or burrowing activity.

c. Animals that naturally climb or perch shall be provided with safe and adequate climbing or perching apparatus.

d. Animals that naturally live in an aquatic environment shall be supplied with sufficient access to safe water so as to meet their aquatic behavioral needs.

e. The facility and holding environment shall be structured to reasonably promote the physical and psychological well-being of any animal held in the facility.

12. A special license holder shall ensure that a sufficient number of properly trained personnel are utilized to meet all the humane husbandry practices established under this Section. The license holder shall be responsible for the actions of all animal care personnel and all other persons that come in contact with the animals.

13. The special license holder shall designate a veterinarian licensed to practice in this state as the primary treating veterinarian for each species of animal to be held.

a. The license holder shall ensure that all animals in their care receive proper, adequate, and humane veterinary care as the needs of each animal dictate.

b. Each animal held for more than one year shall be inspected by the attending veterinarian at least once every year. The inspection report shall demonstrate the veterinarian inspected the health of the animal and the condition of its enclosure.

c. Every animal shall promptly receive licensed veterinary care whenever it appears that the animal is injured, sick, wounded, diseased, infected by parasites, or behaving in a substantially abnormal manner, including but not limited to exhibiting loss of appetite, abnormal weight loss or lethargy.

d. All medications, treatments and other directions prescribed by the attending veterinarian shall be properly administered by the license holder, authorized agent, or volunteer. A license holder, authorized agent, or volunteer shall not administer prescription medicine, unless under the direction of a veterinarian.

14. Any animal that is suspected of or diagnosed as harboring any infectious or transmissible disease, whether or not the animal is held under a special license, shall be isolated immediately upon suspicion or diagnosis.

a. The isolated animal shall continue to be kept in a humane manner as required under this Section.

b. When there is an animal with an infectious or transmissible disease in any animal facility, whether or not the animal is held under a special license, the facility shall be sanitized so as to reasonably eliminate the chance of other animals being exposed to infection. Sanitation procedures may include, but are not limited to:

i. Washing facilities or animal-related materials with appropriate disinfectants, soaps or detergents;

ii. Appropriate application of hot water or steam under pressure; and

iii. Replacement of gravel, dirt, sand, water, or food.

vi. All residue of chemical agents utilized in the sanitation process shall be reasonably eliminated from the facility before any animal is returned to the facility.

c. Parasites, pests, and vermin shall be controlled and eliminated so as to ensure the continued health and well-being of all animals.

D. In addition the standards established under subsection (C), a person shall ensure all indoor facilities meet the following minimum standards:

1. Heating and cooling equipment shall be sufficient to regulate the temperature of the facility to the optimal temperature zone of the species being held to provide a healthy, comfortable, and humane living environment.

2. Indoor facilities shall be adequately ventilated with fresh air to provide for the healthy, comfortable, and humane keeping of any animal and to minimize drafts, odors, and moisture condensation.

3. Indoor facilities shall have lighting of a quality, distribution, and duration as is appropriate for the biological needs of the animals held and to facilitate the inspection and maintenance of the facility.

a. Artificial lighting, when used, shall be utilized in regular cycles as the animal's needs dictate.

b. Lighting shall be designed to protect the animals from excessive or otherwise harmful aspects of illumination.

E. In addition the standards established under subsection (C), a person shall ensure that all outdoor facilities meet the following minimum standards:

Sufficient shade to prevent the overheating or discomfort of any animal shall be provided.

2. Sufficient shelter appropriate to protect animals from normal climatic conditions throughout the year.

3. Each animal shall be acclimated to outdoor climatic conditions before they are housed in any outdoor facility or otherwise exposed to the extremes of climate.

F. A person who handles an animal shall ensure the animal is handled in an expeditious and careful manner to ensure no unnecessary discomfort, behavioral stress, or physical harm to the animal.

a. 1. An animal shall be transported in a secure, expeditious, careful, temperature appropriate, and humane manner. An animal shall not be transported in any manner that poses a substantial threat to the life, health, or behavioral well-being of the animal.

b. 2. An animal placed on public exhibit or educational display shall be handled in a manner that minimizes the risk of harm to members of the public and to the animal, which includes but is not limited to providing and maintaining a sufficient distance or barrier between the animal and the viewing public.

c. 3. Any restraint or equipment used on an animal shall not cause physical harm or unnecessary discomfort.

G. The Department may impose additional requirements on facilities that hold animals to meet the needs of the particular animal and ensure public health and safety.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Ariz. Admin. Code § R12-4-429 Expired

History

• New Section made by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 3127, effective July 1, 2002 for a period of 180 days (Supp. 02-3). Emergency rulemaking renewed under A.R.S. § 41-1026(D) for an additional 180-day period at 9 A.A.R. 132, effective December 27, 2002 (Supp. 02-4). Section expired effective June 24, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-4-430 Importation, Handling, and Possession of Cervids

A. The Department shall not issue a new special license authorizing the possession of a live cervid, except as provided under R12-4-418 and R12-4-420.

B. A person shall not import a live cervid into Arizona, except a zoo license holder may import any live nonnative cervid for exhibit, educational display, or propagation provided the nonnative cervid is quarantined for 30 days upon arrival and is procured from a facility that meets all of the following requirements:

1. The exporting facility has a disease surveillance program and no history of chronic wasting disease or other wildlife disease that pose a serious health risk to wildlife or humans and there is accompanying documentation from the facility certifying there is no history of disease at the facility or within 50 miles of the facility;

2. The nonnative cervid is accompanied by a health certificate, issued no more than 30 days prior to importation by a licensed veterinarian in the jurisdiction of origin; and

3. The nonnative cervid is accompanied by evidence of lawful possession, as defined under R12-4-401.

C. A person shall not transport a live cervid within Arizona, except to:

1. Export the live cervid from Arizona for a lawful purpose;

2. Transport the live cervid to a facility for the purpose of slaughter, when the slaughter will take place within five days of the date of transport;

3. Transport the live cervid to or from a licensed veterinarian for medical care;

4. Transport the live cervid to a new holding facility owned by, or under the control of, the cervid owner, when all of the following apply:

a. The current holding facility has been sold or closed;

b. Ownership, possession, custody, or control of the cervid will not be transferred to another person; and

c. The owner of the cervid has prior written approval from the Department; or

5. Transport the live nonnative cervid within Arizona for the purpose of procurement or propagation when all of the following apply:

a. The nonnative cervid is transported to or from a zoo licensed under R12-4-420;

b. The nonnative cervid is quarantined for 30 days upon arrival at its destination;

c. The nonnative cervid is procured from a facility that meets all of the requirements established under subsection (B)(1) though (B)(3).

D. A person who lawfully possesses a live cervid, except any cervid held under a private game farm or zoo license, shall comply with the requirements established under R12-4-425.

E. A person shall comply with the requirements established under R12-4-305 when transporting a cervid carcass, or its parts, from a licensed private game farm.

F. In addition to the recordkeeping requirements of R12-4-413 and R12-4-420, a person who possesses a live cervid under a private game farm or zoo license shall:

1. Permanently mark each live cervid with either an individually identifiable microchip or tattoo within 30 days of acquisition or birth of the cervid and ensure each cervid is marked with an ear tag that identifies the farm of origin in a manner that is clearly visible from a distance of 100 feet;

2. Report the death of any cervid to the Department within seven calendar days of finding the cervid,

2. 3. Include in the annual report submitted to the Department before January 31 of each year, the following for each native cervid in the license holder's possession:

a. Name of the license holder,

b. License holder's mailing address,

c. License holder's telephone number,

d. Number and species of live cervids held,

e. The microchip or tattoo number of each live native cervid held,

f. The disposition of all cervids that were moved or died during the current reporting period,

g. The results of chronic wasting disease testing for all cervids one year of age and older that die during the current reporting period,

h. The license holder shall also submit copies of all veterinary care records that occurred during the previous year. and

h. i. Any other information required by the Department to ensure compliance with this Section.

G. The holder of a private game farm, scientific activity, zoo license, or a person possessing a cervid under R12-4-425, shall ensure that the retropharyngeal lymph nodes or obex from the head of a cervid over one year of age that dies while held under the special licenses is collected by either a licensed veterinarian or the Department and submitted within 72 hours of the time of death to an Animal and Plant Health Inspection Service certified veterinary diagnostic laboratory for chronic wasting disease analysis. A list of approved laboratories is available at any Department office and on the Department's website or www.aphis.usda.gov. The license holder shall:

1. Ensure the shipment of the deceased animal's tissues is made by a common, private, or contract carrier that utilizes a tracking number system to track the shipment.

2. Include all of the following information with the shipment of the deceased animal's tissues, the license holder's:

a. Name,

b. Mailing address, and

c. Telephone number.

3. Designate, on the sample submission form, test results shall be sent to the Department within 10 days of completing the analysis. The sample submission form is furnished by the diagnostic laboratory providing the test.

4. Be responsible for all costs associated with the laboratory analysis.

5. Notify the Department within 72 hours of receiving a suspect or positive result.

H. A person who possesses a cervid shall comply with all procedures for:

Tuberculosis control and eradication for cervids as prescribed under the United States Department of Agriculture publication "Bovine Tuberculosis Eradication: Uniform Methods and Rules" USDA APHIS 91-45-011, revised January 1, 2005, which is incorporated by reference in this Section.

2. Prevention, control, and eradication of Brucellosis in cervids as prescribed under the United States Department of Agriculture publication "Brucellosis in Cervidae: Uniform Methods and Rules" U.S.D.A. A.P.H.I.S. 91-45-16, effective September 30, 2003.

3. The incorporated material is available at any Department office, online at www.aphis.usda.gov, or may be ordered from the USDA APHIS Veterinary Services, Cattle Disease and Surveillance Staff, P. O. Box 96464, Washington D.C. 20090-6464.

4. The material incorporated by reference in this Section does not include any later amendments or editions.

I. A person who possesses a cervid shall maintain records required under this Section for a period of at least five years and shall make the records available for inspection to the Department upon request.

I. J. The Department has the authority to seize, euthanize, and dispose of any cervid possessed in violation of this Section, at the owner's expense.

History

• New Section made by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 12/5/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.

Article 5 BOATING AND WATER SPORTS

Ariz. Admin. Code § R12-4-501 Boating and Water Sports Definitions

In addition to the definitions provided under A.R.S. § 5-301, the following definitions apply to this Article unless otherwise specified: "Abandoned watercraft" means any watercraft that has remained:

On private property without the consent of the private property owner;

Unattended for more than 48 hours on a highway, public street, or other public property;

Unattended for more than 72 hours on state or federal lands; or

Unattended for more than 14 days on state or federal waterways, unless in a designated mooring or anchorage area.

"Aids to navigation" means buoys, beacons, or other fixed objects placed on, in, or near the water to mark obstructions to navigation or to direct navigation through channels or on a safe course.

"Authorized third-party provider" means an entity that has been awarded a written agreement with the Department, pursuant to a competitive bid process, to perform limited or specific services on behalf of the Department.

"AZ number" means the Department-assigned identification number with the prefix "AZ."

"Bill of sale" means a written agreement transferring ownership of a watercraft that includes all of the following information:

Name of buyer;

Name of seller;

Manufacturer of the watercraft, when known;

Hull identification number, unless exempt under R12-4-505;

Purchase price and sales tax paid, when applicable; and

Signature of seller.

"Boats keep out" in reference to a regulatory marker means the operator or user of a watercraft, or a person being towed by a watercraft on water skis, an inflatable device, or similar equipment shall not enter.

"Certificate of number" means the Department-issued document that is proof that a motorized watercraft is registered in the name of the owner.

"Certificate of origin" means a document provided by the manufacturer of a new watercraft or its distributor, its franchised new watercraft dealer, or the original purchaser establishing the initial chain of ownership for a watercraft, such as but not limited to:

Manufacturer's certificate of origin (MCO);

Manufacturer's statement of origin (MSO):

Importer's certificate of origin (ICO);

Importer's statement of origin (ISO); or

Builder's certification (Form CG-1261).

"Controlled-use marker" means an anchored or fixed marker on the water, shore, or a bridge that controls the operation of watercraft, water skis, surfboards, or similar devices or equipment.

"Dealer" means any person who engages in whole or in part in the business of buying, selling, or exchanging new or used watercraft, or both, either outright or on conditional sale, consignment, or lease.

"Homemade watercraft" means a watercraft that is not fabricated or manufactured for resale and to which a manufacturer has not attached a hull identification number. If a watercraft is assembled from a kit or constructed from an unfinished manufactured hull and does not have a manufacturer assigned hull identification number it is a "homemade watercraft."

"Hull identification number" means a number assigned to a specific watercraft by the manufacturer or by a government jurisdiction as prescribed by the U.S. Coast Guard.

"Issuing authority" means either a State that has an approved numbering system or the U.S. Coast Guard when a State does not have an approved numbering system.

"Junk watercraft" means any hulk, derelict, wreck, or parts of any watercraft in an unseaworthy or dilapidated condition that cannot be profitably dismantled or salvaged for parts or profitably restored.

"Letter of gift" means a document transferring ownership of a watercraft that includes all of the following information:

Name of previous owner;

Name of new owner;

Manufacturer of the watercraft, when known;

Hull identification number, unless exempt under R12-4-505;

A statement that the watercraft is a gift; and

Signature of previous owner.

"Livery" means a business authorized to rent or lease watercraft with or without an operator for recreational, non-commercial use as prescribed under A.R.S. § 5-371.

"Manufacturer" means any person engaged in the business of manufacturing or importing new watercraft for the purpose of sale or trade.

"Motorized watercraft" means any watercraft propelled by machinery and powered by electricity, fossil fuel, or steam.

"No ski" in reference to a regulatory marker means a person shall not be towed on water skis, an inflatable device, or similar equipment.

"No wake" in reference to a regulatory marker has the same meaning as "wakeless speed" as defined under A.R.S. § 5-301.

"Operate" in reference to a watercraft means use, navigate, or employ.

"Owner" in reference to a watercraft means a person who claims lawful possession of a watercraft by virtue of legal title or equitable interest that entitles the person to possession.

"Personal flotation device" means a U.S. Coast Guard approved wearable or throwable device for use on any watercraft, as prescribed under A.R.S. §§ 5-331, 5-350(A), and R12-4-511.

"Regatta" means an organized water event of limited duration affecting the public use of waterways, for which a lawful jurisdiction has issued a permit.

"Registered owner" means the person or persons to whom a watercraft is currently registered by any jurisdiction.

"Registration decal" means the Department-issued decal that is proof of watercraft registration.

"Regulatory marker" means a waterway marker placed on, in, or near the water to convey general information or indicate the presence of:

A danger, or

A restricted or controlled-use area.

"Release of interest" means a statement surrendering or abandoning unconditionally any claim or right of ownership or use in a watercraft.

"Secured party" means a lender, seller, or other person who holds a security interest in a watercraft under applicable law.

"Secured interest" means an interest that is reserved or created by an agreement under applicable law and that secures payment or the performance of an obligation.

"Sound level" means the noise level measured in decibels on the A-weighted scale of a sound level instrument that conforms to recognized industry standards and is maintained according to the manufacturer's instructions.

"Staggered registration" means the system of renewing watercraft registrations in accordance with the schedule provided under R12-4-504.

"State of principal operation" means the state in whose waters the watercraft is used or will be operated most during the calendar year.

"Throwable personal flotation device" means a U.S. Coast Guard approved Type IV device for use on any watercraft such as, but not limited to, a buoyant cushion, ring buoy, or horseshoe buoy.

"Titling authority" means a State whose vessel titling system has been certified by the Commandant under 33 C.F.R. 187.303 Subpart D.

"Unreleased watercraft" means a watercraft for which there is no written release of interest from the registered owner.

"Watercraft" means a boat or other floating device of rigid or inflatable construction designed to carry people or cargo on the water and propelled by machinery, oars, paddles, or wind action on a sail. Exceptions are sea-planes, makeshift contrivances constructed of inner tubes or other floatable materials that are not propelled by machinery, personal flotation devices worn or held in hand, and other objects used as floating or swimming aids.

"Watercraft agent" means a person authorized by the Department to collect applicable fees for the registration and numbering of watercraft.

"Watercraft registration" means the validated certificate of number and validating decals issued by the Department.

"Wearable personal flotation device" means a U.S. Coast Guard approved Type I, Type II, Type III, or Type V device for use on any watercraft such as, but not limited to, an off-shore lifejacket, near-shore buoyant vest, special-use wearable device, or flotation aid.

History

• Editorial correction subsection (A) (Supp. 78-5). Former Section R12-4-83 renumbered as Section R12-4-501 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-501 renumbered to R12-4-515, new Section R12-4-501 adopted effective May 27, 1992 (Supp. 92-2). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.

Ariz. Admin. Code § R12-4-502 Application for Watercraft Registration

A. Only motorized watercraft as defined under R12-4-501 are subject to watercraft registration.

B. A person shall apply for watercraft registration under A.R.S. § 5-321 using a form furnished by the Department and available at any Department office or on the Department's website. The applicant shall provide the following information for registration of all motorized watercraft except homemade watercraft, which are addressed under subsection (C):

1. Arizona residency certification statement, signed by the watercraft owner;

2. Type of watercraft;

3. Propulsion type;

4. Engine drive type;

5. Overall length of watercraft;

6. Make and model of watercraft, if known;

7. Year built or model year, if known;

8. Hull identification number;

9. Hull material;

10. Fuel type;

11. Category of use;

12. Watercraft or AZ number previously issued for the watercraft, if any;

State of principal operation; and

14. For watercraft:

a. Owned by a person:

i. Legal name;

ii. Mailing address;

iii. Date of birth; and

iv. Signature of each applicant.

b. Owned by a business:

i. Name of business:

ii. Business address;

iii. Tax Identification Number; and

iv. Signature and title of authorized representative on behalf of the business.

c. Held in a trust:

i. Name of trust;

ii. Primary trustee's address;

iii. Tax Identification Number, required when the trust is held by two or more persons;

iv. Date of trust; and

iv v. Signature of each trustee, unless the trust instrument authorizes the signature of one trustee to bind the trust.

15. When ownership of the watercraft is in more than one name, the applicant shall indicate ownership designation by use of one of the following methods:

a. Where ownership is joint tenancy with right of survivorship, the applicant shall use "and/or" between the names of the owners. To transfer registration of the watercraft, each owner shall provide a signature. Upon legal proof of the death or incompetency of either owner, the remaining owner may transfer registration of the watercraft.

b. Where ownership is a tenancy in common the applicant shall use "and" between the names of the owners. To transfer registration of the watercraft, each owner shall provide a signature. In the event of the death or incompetency of any owner, the disposition of the watercraft shall be handled through appropriate legal proceedings.

c. Where the ownership is joint tenancy or is community property with an express intent that either of the owners has full authority to transfer registration, the applicant shall use "or" between the names of the owners. Each owner shall sign the application for registration. To transfer registration, either owner's signature is sufficient for transfer.

C. The builder, owner, or owners of a homemade watercraft shall present the watercraft for inspection at a Department office. The applicant shall provide the following information for registration of homemade watercraft, using the same ownership designations specified in subsection (A)(15):

1. Type of watercraft;

2. Propulsion type;

3. Engine drive type;

4. Overall length of watercraft;

5. Year built;

6. Hull material;

7. Fuel type;

8. Category of use;

9. Each owner's:

a. Name,

b. Mailing address, and

c. Date of birth;

10. State of principal operation;

11. Whether the watercraft was assembled from a kit or rebuilt from a factory or manufacturer's hull;

12. Hull identification number, if assigned; and

13. Signature of the applicant, acknowledged before a Notary Public or witnessed by a Department employee.

D. As prescribed under A.R.S. § 5-321, the applicant shall submit a use tax receipt issued by the Arizona Department of Revenue with the application for registration unless any one of the following conditions apply:

1. The applicant is exempt from use tax as provided under 15 A.A.C. Chapter 5,

2. The applicant is transferring the watercraft from another jurisdiction to Arizona without changing ownership,

3. The applicant submits a bill of sale or receipt showing the sales or use tax was paid at the time of purchase, or

4. The applicant submits a notarized affidavit of exemption stating that the acquisition of the watercraft was for rental or resale purposes.

E. An applicant for a watercraft dealer registration authorized under A.R.S. § 5-322(F), shall be a business offering watercraft for sale or a watercraft manufacturer registered by the U.S. Coast Guard. A person shall display dealer registration for watercraft demonstration purposes only. For the purposes of this Section, "demonstration" means to operate a watercraft on the water for the purpose of selling, trading, negotiating, or attempting to negotiate the sale or exchange of interest in new watercraft, and includes operation by a manufacturer for purposes of testing a watercraft. Demonstration does not include operation of a watercraft for personal purposes by a dealer or manufacturer or an employee, family member, or an associate of a dealer or manufacturer. The watercraft dealer registration is subject to invalidation pursuant to R12-4-506 if a watercraft with displayed dealer registration is used for purposes other than those authorized under A.R.S. § 5-322(F) or this Section. A watercraft dealer registration applicant shall submit an application to the Department. The application is furnished by the Department and is available at any Department office. The applicant shall provide the following information on the application:

1. All business names used for the sale or manufacture of watercraft in Arizona;

2. Mailing address and telephone number for each business for which a watercraft dealer registration is requested;

3. Tax privilege license number;

4. U.S. Coast Guard manufacturer identification code, when applicable;

5. Total number of certificates of number and decals requested; and

6. The business owner's or manager's:

a. Name,

b. Business address,

c. Telephone number, and

d. Signature.

F. In addition to submitting the application form and any other information required under this Section, the applicant for watercraft registration shall submit one or more of the following additional forms of documentation:

1. Original title if the watercraft is titled in another state;

2. Original registration if the watercraft is from a non-titling state;

3. Bill of sale as defined under R12-4-501 if the watercraft has never been registered or titled in any state;

4. Letter of gift as defined under R12-4-501 if the watercraft was received as a gift and was never registered or titled in any state;

5. Court order or other legal documentation establishing lawful transfer of ownership;

6. Certificate of documentation or letter of deletion issued by the U.S. Coast Guard;

7. Statement of facts form furnished by the Department and available from any Department office when none of the documentation identified under subsections (F)(1) through (F)(6) exists either in the possession of the watercraft owner or in the records of any jurisdiction responsible for registering or titling watercraft. An applicant for watercraft registration under a statement of facts shall present the watercraft for inspection at a Department office. The statement of facts form shall include the following information:

a. Hull identification number,

b. Certification that the watercraft meets one of the following conditions:

i. The watercraft was manufactured prior to 1972, is 12 feet in length or less, and is not propelled by an inboard engine;

ii. The watercraft is owned by the applicant and has never been registered or titled;

iii. The watercraft was owned in a state that required registration, but was never registered or titled; or

iv. The watercraft was purchased, received as a gift, or received as a trade and has not been registered, titled, or otherwise documented in the past five years.

c. Signature of the applicant, acknowledged before a Notary Public or witnessed by a Department employee.

8. An original certificate of origin when all of the following conditions apply:

a. The watercraft was purchased as new,

b. The applicant is applying for watercraft registration within a year of purchasing the watercraft, and

c. The certificate of origin is not held by a lien holder.

G. If the watercraft is being transferred to a person other than the original listed owner, the applicant for a watercraft registration shall submit a release of interest. The Department may require the applicant to provide a release of interest that is acknowledged before a Notary Public or witnessed by a Department employee when the Department is unable to verify the signature on the release of interest.

H. If the original title is held by a lien holder, the applicant for a watercraft registration shall submit a form furnished by the Department and available from any Department office along with a copy of the title. The applicant shall comply with the following requirements when submitting the form:

1. The applicant shall provide the following information on the form:

a. Applicant's name,

b. Applicant's mailing address,

c. Make and model of watercraft, and

d. Watercraft hull identification number.

2. The applicant shall ensure the lien holder provides the following information on the form:

a. Lien holder's name,

b. Lien holder's mailing address,

c. Name of person completing the form on behalf of the lien holder,

d. Title of person completing the form on behalf of the lien holder, and

e. Signature of the person completing the form on behalf of the lien holder, acknowledged before a Notary Public or witnessed by a Department employee.

I. If the watercraft's original title or registration is lost, the Department shall register a watercraft upon receipt of one of the following:

1. A letter or printout from any jurisdiction responsible for registering or titling watercraft that verifies the owner of record for that specific watercraft;

2. A printout of the Vessel Identification System for that specific watercraft from the U.S. Coast Guard and verification from the appropriate state agency that the information regarding the owner of record for that specific watercraft is correct and current;

3. A statement of facts by the applicant as described under subsection (F)(7) if the watercraft has not been registered, titled, or otherwise documented in the past five years; or

4. The abandoned or unreleased watercraft approval letter issued by the Department, as established under R12-4-507(I).

J. The Department shall issue a watercraft registration within 30 calendar days of receiving a valid application and the documentation required under this Section from the applicant or a watercraft agent authorized under R12-4-509.

K. All watercraft registrations and supporting documentation are subject to verification by the Department and to the requirements established under R12-4-505. The Department shall require a watercraft to be presented for inspection to verify the information provided by an applicant if the Department has reason to believe the information provided by the applicant is inaccurate or the applicant is unable to provide the required information.

L. The Department shall deem an application invalid if the Department receives legal documentation of any legal action that may affect ownership of that watercraft.

M. The Department shall invalidate a watercraft registration if the registration is obtained by an applicant who makes a false statement or provides false information on any application, statement of facts, or written instrument submitted to the Department.

History

• Former Section R12-4-84 renumbered as Section R12-4-502 without change effective August 13, 1981 (Supp. 81-4). Amended effective January 2, 1985 (Supp. 85-1). Former Section R12-4-502 repealed, new Section R12-4-502 adopted effective May 27, 1992 (Supp. 92-2). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.

Ariz. Admin. Code § R12-4-503 Renewal of Watercraft Registration; Duplicate Watercraft Registration or Decal

A. The owner of a registered watercraft shall renew the watercraft's registration no later than the day before the prior registration period expires.

B. 1. To renew a watercraft's registration in person or by mail, an applicant shall pay the registration fee authorized under R12-4-504 and present any one of the following:

1. a. Current or prior certificate of number,

2. b. Valid driver's license,

3. c. Valid Arizona Motor Vehicle Division identification card,

4. d. Valid passport, or

5. e. Department-issued renewal notice.

C. To renew a watercraft's registration online, an applicant shall electronically pay the registration fee authorized under A.R.S. § 5-321, provide the assigned Arizona watercraft AZ number of the watercraft being renewed, and one of the following to the Department or its agent:

1. Department-assigned authorization number,

2. Applicant's date of birth, or

3. Applicant's password.

2. The owner of a registered watercraft may renew a watercraft registration by accessing the Department's online system and paying the applicable watercraft registration fee authorized under R12-4-504.

B. The owner of a registered watercraft may obtain a duplicate watercraft registration or decal in person or by mail. To obtain a duplicate watercraft registration or decal in person or by mail, an applicant shall:

1. Complete and submit an application for a duplicate certificate and/or decal form to the Department or its authorized agent, available from any Department office and on the Department's website; and

Pay the duplicate watercraft registration fee authorized under R12-4-504.

C. If made available by the Department, the owner of a registered watercraft may obtain a duplicate watercraft registration or decal by accessing the Department's online system and paying the duplicate watercraft registration fee authorized under R12-4-504.

D. When a request for a watercraft registration renewal or duplicate watercraft registration or decal is submitted by mail or online, the Department shall mail the registration or decal, as applicable, to the address of record, unless the Department receives a notarized request from the registered owner instructing the Department to mail the duplicate registration or decal to another address.

History

• Former Section R12-4-85 renumbered as Section R12-4-503 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-503 renumbered to R12-4-519, new Section R12-4-503 adopted effective May 27, 1992 (Supp. 92-2). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-504 Watercraft Fees; Penalty for Late Registration; Staggered Registration Schedule

A. The following fees are required, when applicable as authorized under A.R.S. §§ 5-321 and 5-322:

1. Motorized watercraft registration fees are assessed as follows:

a. Twelve feet and less: $20

b. Twelve feet one inch through sixteen feet: $22

c. Sixteen feet one inch through twenty feet: $30

d. Twenty feet one inch through twenty-six feet: $35

e. Twenty-six feet one inch through thirty-nine feet: $39

f. Thirty-nine feet one inch through sixty-four feet: $44

g. Sixty-four feet one inch and over: $66

h. For the purposes of this subsection, the length of the motorized watercraft shall be measured in the same manner prescribed under A.R.S. § 5-321(C).

2. Motorized watercraft transfer fee: $13.

3. Duplicate motorized watercraft registration: $8.

Duplicate decal: $8.

5. Watercraft dealer certificate of number: $20.

6. Abandoned or unreleased watercraft application fee: $100.

7. Unclaimed towed watercraft application fee: $100.

B. The Department or its agent shall collect the entire registration fee for a late registration renewal and a penalty fee of $5, unless exempt under A.R.S. § 5-321(L). The Department or its agent shall not assess a penalty fee when a renewal is mailed before the expiration date, as evidenced by the postmark.

C. All new watercraft registrations expire 12 months after the date of issue.

D. Resident and nonresident watercraft registration renewals:

1. Shall be valid for a period of 7 to 18 months depending on the expiration month.

a. This provision applies to the initial renewal period only.

b. The Department shall prorate fees accordingly.

2. May be renewed up to six months prior to the expiration month.

3. Shall expire on the last day of the month indicated by the last two numeric digits of the AZ number, as shown in the following table:

| Last two numeric digits of AZ number | Expiration month | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 00 | 12 | 24 | 36 | 48 | 60 | 72 | 84 | 96 | December | | 01 | 13 | 25 | 37 | 49 | 61 | 73 | 85 | 97 | January | | 02 | 14 | 26 | 38 | 50 | 62 | 74 | 86 | 98 | February | | 03 | 15 | 27 | 39 | 51 | 63 | 75 | 87 | 99 | March | | 04 | 16 | 28 | 40 | 52 | 64 | 76 | 88 | April | | | 05 | 17 | 29 | 41 | 53 | 65 | 77 | 89 | May | | | 06 | 18 | 30 | 42 | 54 | 66 | 78 | 90 | June | | | 07 | 19 | 31 | 43 | 55 | 67 | 79 | 91 | July | | | 08 | 20 | 32 | 44 | 56 | 68 | 80 | 92 | August | | | 09 | 21 | 33 | 45 | 57 | 69 | 81 | 93 | September | | | 10 | 22 | 34 | 46 | 58 | 70 | 82 | 94 | November | | | 11 | 23 | 35 | 47 | 59 | 71 | 83 | 95 | December | |

E. Watercraft dealer, manufacturer, and governmental use registration renewals expire on October 31 of each year.

F. Livery and all other commercial use registration renewals expire on November 30 of each year.

History

• Amended effective December 5, 1978 (Supp. 78-6). Amended effective March 6, 1980 (Supp. 80-2). Former Section R12-4-86 renumbered as Section R12-4-504 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-504 repealed, new Section R12-4-504 adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Sup. 03-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by exempt rulemaking at 28 A.A.R. 997, effective 6/16/2015. Amended by exempt rulemaking at 23 A.A.R. 1034, effective 8/5/2017. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final exempt rulemaking at 28 A.A.R. 2057, effective 9/26/2022.

Ariz. Admin. Code § R12-4-505 Hull Identification Numbers

A. The Department shall not register a watercraft without a hull identification number.

B. The Department shall verify watercraft manufactured after November 1, 1972 have a primary hull identification number that complies with the requirements established under 33 C.F.R. 181, subpart C. The Department shall assign a hull identification number when the watercraft hull identification number does not meet the requirements established under 33 C.F.R. 181, subpart C.

C. The hull identification number shall be fully visible and unobstructed at all times. Watercraft manufactured prior to August 1, 1984, are exempt from this requirement provided the obstruction is original equipment and was attached by the manufacturer.

D. The Department shall assign a hull identification number to a watercraft with a missing hull identification number only if the Department determines:

1. The hull identification number was not intentionally or illegally removed or altered, unless the application is accompanied by an order of forfeiture, order of seizure, or other civil process;

2. The missing hull identification number was caused by error of the manufacturer or a government jurisdiction; or

3. The watercraft is a homemade watercraft as defined under R12-4-501.

E. The Department may assign a hull identification number within 30 days of receipt of a valid application, as described under R12-4-502.

F. The Department may accept a bill of sale presented with a missing or nonconforming hull identification number for registration purposes only when:

1. The hull identification number matches the nonconforming hull identification number on the watercraft;

2. Supporting evidence exists that the seller is the owner of the watercraft;

3. The watercraft is homemade and does not have a hull identification number; or

4. The watercraft was manufactured prior to November 1, 1972. .

2. A hull identification number is issued by the Department under subsection (D)

G. Within 30 days of issuance, the applicant or registered owner shall:

1. Burn, carve, stamp, emboss, mold, bond, or otherwise permanently affix each hull identification number to a non-removable part of the watercraft in a manner that ensures any alteration, removal, or replacement will be obvious.

2. Ensure the characters of each hull identification number affixed to the watercraft are no less than 1/4 inch in height.

3. Permanently affix the hull identification number as follows:

a. On watercraft with transoms, affix the hull identification number to the right or starboard side of the transom within two inches of the top of the transom or hull/deck joint, whichever is lower.

b. On watercraft without a transom, affix the hull identification number to the starboard outboard side of the hull, back or aft within one foot of the stern and within two inches of the top of the hull, gunwale, or hull/deck joint, whichever is lower.

c. On a catamaran or pontoon boat, affix the hull identification number on the aft crossbeam within one foot of the starboard hull attachment.

d. As close as possible to the applicable location established under subsections (a), (b), or (c) when rails, fittings, or other accessories obscure the visibility of the hull identification number.

e. Affix a duplicate of the visibly affixed hull identification number in an unexposed location on a permanent part of the hull.

4. Certify to the Department that the hull identification number was permanently affixed to the watercraft. The certification statement is furnished by the Department when a hull identification number is issued. The certification statement shall include the location of the permanently affixed hull identification number.

History

• Amended effective January 1, 1980 (Supp. 79-6). Former Section R12-4-87 renumbered as Section R12-4-505 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-505 repealed, new Section R12-4-505 adopted effective May 27, 1992 (Supp. 92-2). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-506 Invalidation of Watercraft Registration and Decals

A. Any watercraft registration obtained by fraud or misrepresentation is invalid from the date of issuance.

B. A certificate of number and any decals issued by the Department under R12-4-502 are invalid if any one of the following occurs:

1. Any check, money order, or other currency certificate presented to the Department for payment of watercraft registration or renewal is found to be non-negotiable;

2. Any person whose name appears on the certificate of number loses ownership of the watercraft by legal process;

3. Arizona is no longer the state of principal operation;

4. The watercraft is documented by the U.S. Coast Guard;

5. An applicant provides incomplete or incorrect information to the Department and fails to provide the correct information within 30 days after a request by the Department;

6. The Department revokes the certificate of number, AZ numbers, and decals as provided under A.R.S. § 5-391(I);

7. The Department or its agent erroneously issued a certificate of number or any decals;

8. A watercraft bearing a dealer registration is used for any purpose not authorized under R12-4-502(E); or

9. A watercraft registered or used as a livery is operated in violation of A.R.S. § 5-371 or R12-4-514.

C. A person shall surrender the invalid certificate of number and decals to the Department within 15 calendar days of receiving written determination from the Department that the certificate of number or decals are invalid, unless the person appeals the Department's determination to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

D. The Department shall not validate or renew an invalid watercraft registration or decals until the reason for invalidity is corrected or no longer exists.

History

• Adopted effective December 4, 1984 (Supp. 84-6). Amended subsection (B) effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Amended subsection (B) effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Former Section R12-4-506 repealed, new Section R12-4-506 adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-507 Transfer of Ownership of an Abandoned or Unreleased Watercraft

A. A person who has knowledge and custody of a watercraft abandoned on private property owned by that person may attempt to obtain ownership of the watercraft by way of the abandoned watercraft transfer process. A lienholder of foreclosed real property may assign an agent to act on its behalf.

B. The last registered owner of an abandoned or unreleased watercraft is presumed to be responsible for the watercraft, unless the watercraft is reported stolen.

C. The operator of a self-storage facility located in this state and having a possessory lien shall comply with the requirements prescribed under A.R.S. Title 33, Chapter 15, Article 1 when attempting to obtain ownership of a watercraft abandoned while in storage.

D. A person having a possessory lien under a written agreement shall comply with the requirements prescribed under A.R.S. Title 33, Chapter 7, Article 6 when attempting to obtain ownership of a watercraft for which repairs or service fees remain unpaid.

E. Only a person acting within the scope of official duties as an employee or authorized agent of a government agency may order the removal of a watercraft abandoned on public property or a public waterway.

F. A person seeking ownership of an abandoned or unreleased watercraft shall submit an application to the Department and pay the fee established under R12-4-504. The application is furnished by the Department and available at any Department office. The application shall include the following information, if available:

1. Hull identification number, unless exempt under R12-4-505;

2. Registration number;

3. Decal number;

4. State of registration;

5. Year of registration;

6. Name, address, and daytime telephone number of the person who found the watercraft;

7. For abandoned watercraft:

a. Address or description of the location where the watercraft was found,

b. Whether the watercraft was abandoned on private or public property, and

c. When applicable, for watercraft abandoned on private property, whether the applicant is the legal owner of the property;

8. Condition of the watercraft: wrecked, stripped, or intact;

9. State in which the watercraft will be operated;

10. Length of time the watercraft was abandoned;

11. Reason why the applicant believes the watercraft is abandoned; and

12. Signature of the applicant, acknowledged before a Notary Public or witnessed by a Department employee.

G. This state and its agencies, employees, and agents are not liable for relying in good faith on the contents of the application.

H. The Department shall attempt to determine the name and address of the registered owner by:

1. Conducting a search of its watercraft database when documentation indicates the watercraft was previously registered in this state, or

Requesting the watercraft record from the other state when documentation indicates the watercraft was previously registered in another state.

I. If the Department is able to determine the name and address of the registered owner, the Department shall send written notice of the applicant's attempt to register the watercraft to the owner.

a. If the registered owner provides a written release of interest in the watercraft, the Department shall mail the release of interest and an abandoned or unreleased watercraft approval letter to the applicant. The applicant shall apply for watercraft registration in compliance with the requirements established under R12-4-502.

b. If the registered owner provides written notice to the Department refusing to release interest in the watercraft, the Department shall notify the applicant of the owner's refusal. The Department shall not register the watercraft to the applicant unless the applicant provides proof of ownership and complies with the requirements established under R12-4-502.

c. If the registered owner does not respond to the notice in writing within 30 days from the date of receipt, the Department shall notify the applicant of the owner's failure to respond. The Department shall not register the watercraft to the applicant unless the applicant provides proof of ownership and complies with the requirements established under R12-4-502 .

d. If the registered owner does not respond to the notice within 180 days from the date the Department sent notice, this failure to act shall constitute a waiver of interest in the watercraft by any person having an interest in the watercraft, and the watercraft shall be deemed abandoned for all purposes. The Department shall mail an abandoned or unreleased watercraft approval letter to the applicant. The applicant shall apply for watercraft registration in compliance with the requirements established under R12-4-502.

2. If the written notice is returned unclaimed or refused, the Department shall notify the applicant within 15 days of the notice being returned that the attempt to contact the registered owner was unsuccessful.

J. If the Department is unable to identify or serve the registered owner, the Department shall post a notice of intent on the Department's website within 45 days of the Department's notification to the applicant as provided in subsection (I)(2).

1. The notice shall include a statement of the Department's intent to transfer ownership of the watercraft ten days after the date of posting, unless the Department receives notice from the registered owner refusing to release interest in the watercraft within that ten-day period following posting.

2. If the watercraft remains unclaimed after the ten-day period, the Department shall mail an abandoned or unreleased watercraft approval letter to the applicant. The applicant shall apply for watercraft registration in compliance with the requirements established under R12-4-502.

K. A government agency may submit an application for authorization to dispose of a junk watercraft abandoned on state or federal lands or waterways. The application is furnished by the Department and is available at any Department Office. Upon receipt of the application, the Department shall attempt to determine the name and address of the registered owner. If the Department is unable to identify and serve the registered owner, the Department shall publish a notice of intent to authorize the disposal of the junk watercraft as described under subsection (J).

1. The published notice shall include a statement of the Department's intent to authorize the disposal of the watercraft ten days after the date of publication, unless the Department receives notice from the registered owner refusing to release interest in the watercraft within that ten-day period following publication.

2. If the watercraft remains unclaimed after the ten-day period, the Department shall mail an authorization to dispose of the junk watercraft to the government agency. The government agency may dispose of the abandoned watercraft and all indicia for that watercraft in any manner the agency determines expedient or convenient.

History

• Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 23 A.A.R. 1034, effective 8/5/2017. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.

Ariz. Admin. Code § R12-4-508 New Watercraft Exchanges

A. A person may request a no-fee replacement registration for a new watercraft, provided all of the following conditions apply:

1. The person purchased the newly registered watercraft from a new watercraft dealer,

2. The person returned the watercraft to the new watercraft dealer within 30 days of purchase, and

3. The new watercraft dealer exchanged the returned watercraft for a watercraft of the same year, make, and model within the same 30 day period.

B. To obtain a no-fee replacement registration, the person shall submit the original watercraft registration and a letter from the new watercraft dealer to the Department. The letter shall include all of the following information:

1. A statement that the original watercraft was replaced,

2. The hull identification number for the original watercraft,

3. The hull identification number for the replacement watercraft,

4. The buyer's name, and

5. The new watercraft dealer's name.

History

• Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-509 Watercraft Dealers; Agents

A. The Department may authorize a watercraft dealer to act as an agent on behalf of the Department for the purpose of issuing temporary certificates of number valid for 45 days for new or used watercraft, provided:

1. The applicant's previous authority to act as a watercraft agent under A.R.S. § 5-321(I) has not been canceled by the Department within the preceding 24 months, and

2. The applicant is a business located and operating within this state and sells watercraft.

B. An applicant seeking watercraft agent authorization shall submit an application to the Department. The application is furnished by the Department and available at the Arizona Game and Fish Department, 5000 W. Carefree Highway, Phoenix, AZ 85086. The applicant shall provide the following information on the application:

1. Principal business or corporation name, address, and telephone number or if not a corporation, the full name, address, and telephone number of all owners or partners;

2. Name, address, and telephone number of the owner or manager responsible for compliance with this Section;

3. Whether the applicant has previously issued temporary certificates of number under A.R.S. § 5-321(I);

4. All of the following information specific to the location from which new watercraft are to be sold and temporary certificates of number issued:

a. Name of owner or manager;

b. Business hours;

c. Business telephone number;

d. Business type;

e. Storefront name; and

f. Street address;

5. Manufacturers of the watercraft to be sold; and

6. Signature of person named under subsection (B)(2).

C. The Department shall either approve or deny the application within the licensing time-frame established under R12-4-106.

D. Authorization to act as a watercraft agent is specific to the dealer's business location designated on the application and approved by the Department, unless the dealer is participating in a boat show for the purpose of selling watercraft.

E. The watercraft agent shall:

1. Use the assigned watercraft agent number when issuing a temporary certificate of number,

2. Use the online application system and forms supplied by the Department; and

3. Collect the appropriate fee as prescribed under R12-4-504 and R12-4-527.

F. A watercraft agent is prohibited from issuing a temporary certificate of number for a watercraft when:

1. The watercraft is involved in legal proceedings such as, but not limited to, a marital dissolution, probate, or bankruptcy proceeding;

2. The watercraft is abandoned or unreleased;

3. The watercraft is homemade; or

4. The watercraft has a nonconforming HIN.

G. A watercraft agent issuing a temporary certificate of number to the purchaser of a watercraft shall comply with all the following:

1. The watercraft agent shall obtain a completed application that complies with the requirements established under R12-4-502.

2. The watercraft agent shall identify to the applicant the state registration fee and the nonresident boating safety infrastructure fee, when applicable, separately from any other costs.

3. The fees collected under subsection (E)(3) shall be submitted electronically to the Department prior to the submission of the documentation required under subsection (G)(4).

4. Within five business days of issuing a temporary certificate of number, a watercraft agent shall deliver or mail the following documentation to the Arizona Game and Fish Department, Watercraft Agent Representative, 5000 W. Carefree Highway, Phoenix, AZ 85086:

a. For a new watercraft:

i. Original application;

ii. Original or copy of the bill of sale issued by the watercraft agent; and

iii. Original certificate of origin;

b. For a used watercraft:

i. Original application;

ii. Original or copy of the bill of sale issued by the watercraft agent;

iii. Ownership document, such as but not limited to a title, bill of sale, letter of gift or U.S. Coast Guard Certificate of documentation or letter of deletion issued by the U.S. Coast Guard; and

iv. Lien release, when applicable.

H. The Department may cancel the watercraft agent's authorization if the agent does any one of the following:

1. Fails to comply with the requirements established under this Article;

Submits more than one electronic payment dishonored because of insufficient funds, payments stopped, or closed accounts to the Department within a calendar year;

3. Predates, postdates, alters, or provides or knowingly allows false information to be provided on an application for a temporary certificate of number; or

4. Falsifies the application for authorization as a watercraft agent.

I. The Department shall provide a written notice to the person stating the reason for the denial or cancellation of watercraft agent status, as applicable. The person may appeal the denial or cancellation to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.

Ariz. Admin. Code § R12-4-510 Refund of Fees Paid in Error

A. The Department shall issue a refund for watercraft registration fees paid and, when applicable, the Nonresident Boating Safety Infrastructure fee when

1. The registered owner has erroneously paid those fees twice for the same watercraft;

2. the registered owner has erroneously paid those fees for a watercraft that has already been sold to another individual

3. The registered owner registered the watercraft in error.

B. To request a refund of fees paid in error, the person applying for the refund shall surrender all of the following to the Department:

1. Original certificate of number;

2. Registration decals; and

3. Nonresident Boating Safety Infrastructure Decal, when applicable.

C. A person requesting a refund of fees shall submit the request to the Department within 30 calendar days of the date the payment was received by the Department.

D. The Department shall not refund:

1. A late registration penalty fee.

2. A fee collected by an authorized third-party provider. A person who paid their watercraft registration fee to a third-party provider shall request a refund of fees from that third-party provider.

History

• Adopted effective May 27, 1992 (Supp. 92-2). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.

Ariz. Admin. Code § R12-4-511 Personal Flotation Devices

A. For the purpose of this Section, "wear" means:

1. The personal flotation device is worn according to the manufacturer's design or recommended use;

2. All of the device's closures are fastened, snapped, tied, zipped, or secured according to the manufacturer's design or recommended use; and

3. The device is adjusted for a snug fit.

B. The operator of a canoe, kayak, or other watercraft shall ensure the watercraft is equipped with at least one correctly-sized, U.S. Coast Guard-approved, wearable personal flotation device that is in good and serviceable condition for each person on board the watercraft. The operator of any watercraft shall also ensure the wearable personal flotation devices on board the watercraft are readily accessible and available for immediate use.

1. Type I Personal Flotation Device: off-shore life jacket,

2. Type II Personal Flotation Device: near-shore buoyancy vest,

3. Type III Personal Flotation Device: flotation aid, and

4. Type V Special Use Device.

C. In addition to the personal flotation devices described under subsection (B), the operator of a watercraft that is 16 feet or more in length shall ensure the watercraft is also equipped with a U.S. Coast Guard-approved throwable personal flotation device: buoyant cushion, ring buoy, or horseshoe buoy. Canoes and kayaks are not subject to this subsection.

D. The operator of a watercraft shall ensure a person twelve years of age or under on board a watercraft shall wear a U.S. Coast Guard approved wearable personal flotation device whenever the watercraft is underway.

E. The operator of a personal watercraft shall ensure each person aboard the personal watercraft is wearing a wearable personal flotation device approved by the U.S. Coast Guard whenever the personal watercraft is underway.

F. Subsections (B), (C), and (D) do not apply to the operation of a racing shell or rowing skull during competitive racing or supervised training, if the racing shell or rowing skull is manually propelled, recognized by a national or international association for use in competitive racing, and designed to carry and does carry only equipment used solely for competitive racing.

History

• Amended effective May 26, 1978 (Supp. 78-3). Former Section R12-4-80 renumbered as Section R12-4-511 without change effective August 13, 1981 (Supp. 81-4). Amended effective May 27, 1992 (Supp. 92-2). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-512 Fire Extinguishers Required for Watercraft

A. The operator of watercraft shall ensure all required fire extinguishers are readily accessible and available for immediate use.

B. As prescribed under A.R.S. § 5-332, an operator of a:

1. Watercraft less than 26 feet in length shall carry one U.S. Coast Guard-approved B-I type fire extinguisher on board if the watercraft has one or more of the following:

a. An inboard engine,

b. Closed compartments where portable fuel tanks may be stored,

c. Double bottoms not sealed to the hull or which are not completely filled with flotation materials,

d. Closed living spaces,

e. Closed stowage compartments in which combustible or flammable materials are stored,

f. Permanently installed fuel tanks (fuel tanks that cannot be moved in case of a fire or other emergency are considered permanently installed), and

g. A fixed fire extinguishing system installed in the engine compartment.

2. Watercraft 26 feet to less than 40 feet shall carry on board the following equipment as designated and approved by the U.S. Coast Guard:

a. At least two B-I type hand-portable fire extinguishers or at least one B-II type hand-portable fire extinguisher, or

b. At least one B-I type approved hand-portable fire extinguisher if a fixed fire extinguishing system is installed in the engine compartment.

3. Watercraft 40 feet to not more than 65 feet shall carry on board the following equipment as designated and approved by the U.S. Coast Guard:

a. At least three B-I type hand-portable fire extinguishers or at least one B-I and one B-II type hand-portable fire extinguishers, or

b. At least two B-I type hand-portable fire extinguishers or at least one B-II type hand-portable fire extinguisher when a fixed fire extinguishing system is installed in the engine compartment.

History

• Former Section R12-4-81 renumbered as Section R12-4-512 without change effective August 13, 1981 (Supp. 81-4). Amended effective June 14, 1990 (Supp. 90-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-513 Watercraft Incident and Casualty Reports

A. The operator or owner of a watercraft involved in any collision, incident or other casualty resulting in injury, death, or property damage exceeding $500 shall submit the report required under A.R.S. § 5-349 to the Department. The report shall be made on a form furnished by the Department or provided by the law enforcement officer investigating the collision, incident, or other casualty. The operator or owner of the watercraft shall complete the form in full and clearly identify on the form any information that is either not applicable or unknown. The operator or owner of the watercraft submitting the report shall provide all of the nformation required under

1. The operator's personal information;

2. The owner's personal information;

3. The operator's hours of experience in operating watercraft;

4. The operator's amount of boating safety instruction;

5. Information on the watercraft involved;

6. Information on the accident;

7. Estimated cost of damage to the watercraft;

8. Whether the watercraft sank, and if so, information regarding the recovery of the watercraft;

9. Information regarding U.S. Coast Guard-approved personal flotation devices;

10. Information regarding fire extinguishers;

11. Personal information for operators and owners of each of the other watercraft involved in the accident;

12. Personal information for persons killed or injured in the accident;

13. Personal information for all passengers in the watercraft;

14. The location of passengers, skiers, and swimmers at the time of the accident;

15. Information regarding damage to property other than any of the watercraft involved;

16. Contact information for any witnesses other than passengers;

17. A diagram and narrative explaining the accident;

18. Contact information for the person completing the form;

19. The signature of the person completing the form;

20. The date the person completing the form submits the form to the Department; and

21. Any other information required by the Department to ensure compliance with 33 C.F.R. 173.57.

B. The person completing the form shall deliver, mail, or email the form to the Arizona Game and Fish Department, Law Enforcement Branch at 5000 W. Carefree Hwy, Phoenix, AZ 85086 or BoatAccidentReporting@azgfd.gov, as applicable.

C. The operator or owner of a watercraft involved in any collision, incident or other casualty resulting in injury or death shall submit the report to the Department no later than 48 hours after the incident.

D. The operator or owner of a watercraft involved in any collision, incident or other casualty resulting only in property damage exceeding $500 shall submit the report to the Department no later than five days after the incident.

History

• Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-514 Liveries

A. A person who rents, leases, or offers any watercraft for compensation, with or without an operator, for recreational, non-commercial use shall register the watercraft as a livery as established under R12-4-502.

A B. A watercraft owned by a boat livery that requires registration and does not have the certificate of number on board shall be identified while in use by means of a:

Placard or some other form of display that is affixed to the watercraft and is visible when the watercraft is underway. The placard or other form of display shall indicate the business name and current phone number of the livery.

2. Receipt provided by the livery to the person operating the rented watercraft. The receipt shall contain the following information:

1. a. Business name and address of the livery as shown on the certificate of number,

2. b. Watercraft registration number as issued by the Department,

3. c. Beginning date and time of the rental period, and

4. d. Written acknowledgment on the receipt of compliance with the requirements prescribed under A.R.S. § 5-371, signed by both the livery operator or their agent and the renter.

B C. A person operating a rented or leased watercraft or operating a passenger for hire watercraft shall carry the registration or receipt onboard and produce it upon request to any peace officer.

D. Failure to comply with the requirements prescribed under A.R.S. § 5-371 and this Section may result in the invalidation of the water-craft registration and decals as provided under A.R.S. § 5-391(A) and R12-4-506.

History

• Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-515 Display of AZ Numbers and Registration Decals

A. A person shall not use, operate, moor, anchor, or grant permission to use, operate, moor, or anchor a watercraft on the boundaries of this state unless such watercraft displays a valid number and current registration decal in the manner established under subsection (B). This Section does not apply to undocumented watercraft displaying a valid temporary numbering certificate authorized under R12-4-509 or exempt under A.R.S. § 5-322.

B. The owner of a watercraft shall display the AZ number and registration decals as follows:

1. The AZ numbers shall:

a. Be clearly visible and painted on or attached to each exterior side of the forward half of a non-removable portion of the watercraft;

b. Be in a color that contrasts with the watercraft's background color so as to be easily read from a distance;

c. Include the letters "AZ" and the suffix, separated by a hyphen or equivalent space between the letters "AZ" and the suffix; and

d. Read from left to right in well-proportioned block letters that are not less than three inches in height, excluding outline.

The registration decals shall be affixed three inches in front of "AZ" on both sides of the forward half of a non-removable portion of the watercraft.

C. On watercraft so constructed that it is impractical or impossible to display the AZ numbers in a prominent position on the forward half of the hull or permanent superstructure, the AZ numbers may be displayed on brackets or fixtures securely attached to the forward half of the watercraft.

D. Persons possessing a dealer watercraft certificate of number issued under A.R.S. § 5-322(F) shall visibly display the AZ numbers and validating registration decals as established under this Section, except that the numbers and decals may be printed or attached to temporary, removable signs that are securely attached to the watercraft being demonstrated.

E. Expired registration decals issued by any jurisdiction shall be covered or removed from the watercraft, so that only the current registration decals are visible.

F. Invalid watercraft AZ numbers and registration decals shall not be displayed on any watercraft. The owner of the watercraft shall surrender the AZ numbers and registration decals to the Department in compliance with R12-4-506(C).

History

• Section R12-4-515 renumbered from R12-4-501 and amended effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-516 Watercraft Sound Level Restriction

A. A person shall not operate a watercraft upon the waters of this state if the watercraft emits a noise level that exceeds any of the following.

1. A noise level of 86 dB(A), measured at a distance of 50 feet or more from the watercraft on the "A" weighted scale of a sound level instrument that conforms to recognized industry standards and is maintained according to the manufacturer's instructions.

2. For engines manufactured:

a. Before January 1, 1993, a noise level of 90 dB(A) when subjected to the Society of Automotive Engineers Recommended Practice stationary sound level test SAEJ2005, revised July 2004 and containing no later editions or amendments; and

b. On or after January 1, 1993, a noise level of 88 dB(A) when subjected to the Society of Automotive Engineers Recommended Practice stationary sound level test SAEJ2005, revised July 2004 and containing no later editions or amendments; or

3. A noise level of 75 dB(A) measured as specified in the Society of Automotive Engineers Recommended Practice shoreline sound test SAEJ1970, revised September 2003 and containing no later editions or amendments.

B. The materials incorporated by reference in subsection (A) may be viewed at any Department office and are available for purchase from SAE International, 400 Commonwealth Dr, Warrendale, PA 15096-0001 or online at www.sae.org.

C. A measurement of noise level that is in compliance with this Section does not preclude the conducting of a test or multiple tests of noise levels.

D. A peace officer authorized to enforce the provisions of this Section who has reason to believe a watercraft is being operated in violation of the noise levels established in this Section may direct the operator of the watercraft to submit the watercraft to an onsite test to measure noise level.

E. An operator of a watercraft who receives a request from a peace officer to test the noise level of the watercraft under subsection (D) shall allow the watercraft to be tested. If, based on a measurement or test to determine the noise level of a watercraft administered under this Section, the noise level of the watercraft exceeds one or more of the decibel level standards in subsection (A), the operator of the watercraft shall take immediate measures to correct the violation as prescribed under A.R.S. § 5-391(C).

F. This Section shall not apply to watercraft operated under permits issued in accordance with A.R.S. § 5-336(C).

History

• Former Section R12-4-82 renumbered as Section R12-4-516 without change effective August 13, 1981 (Supp. 81-4). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-517 Watercraft Motor and Engine Restrictions

A. A person operating a motorized watercraft on the following waters shall only use an electric motor not exceeding 10 manufacturer-rated horsepower:

1. Ackre Lake

2. Bear Canyon Lake

3. Bunch Reservoir

4. Carnero Lake

5. Chaparral Park Lake

6. Cluff Ponds

7. Coconino Reservoir

8. Coors Lake

9. Dankworth Pond

10. Dogtown Reservoir

11. Fortuna Lake

12. Goldwater Lake

13. Granite Basin Lake

14. Horsethief Basin Lake

15. Hulsey Lake

16. J.D. Dam Lake

17. Knoll Lake

18. Lee Valley Lake

19. McKellips Park Lake

20. Pratt Lake

21. Quigley Lake

22. Redondo Lake

23. Riggs Flat Lake

24. Roper Lake

25. Santa Fe Lake

26. Scott's Reservoir

27. Sierra Blanca Lake

28. Soldier Lake (in Coconino County)

29. Stehr Lake

30. Stoneman Lake

31. Tunnel Reservoir

32. Whitehorse Lake

33. Willow Valley Lake

34. Woodland Reservoir

35. Woods Canyon Lake

B. A person operating a motorized watercraft on the following waters shall use only a single electric motor or single gasoline engine not exceeding 10 manufacturer-rated horsepower:

1. Arivaca Lake

2. Ashurst Lake

3. Becker Lake

4. Big Lake

5. Black Canyon Lake

6. Blue Ridge Reservoir

7. Cataract Lake

8. Chevelon Canyon Lake

9. Cholla Lake Hot Pond

10. Concho Lake

11. Crescent Lake

12. Fool Hollow Lake

13. Kaibab Lake

14. Kinnikinick Lake

15. Little Mormon Lake

16. Lower Lake Mary

17. Luna Lake

18. Lynx Lake

19. Marshall Lake

20. Mexican Hay Lake

21. Nelson Reservoir

22. Parker Canyon Lake

23. Pena Blanca Lake

24. Rainbow Lake

25. River Reservoir

26. Show Low Lake

27. Whipple Lake

28. White Mountain Lake (in Apache County)

29. Willow Springs Lake

C. A person shall not operate a watercraft on Frye Mesa Reservoir, Rose Canyon Lake, or Snow Flat Lake, except as authorized under subsection (D).

D. A person who possesses a valid use permit issued by the U.S. Forest Service may operate a non-motorized watercraft only on Rose Canyon Lake on any Tuesday, Wednesday, or Thursday during June and July from 9 30 a.m. to 4:30 p.m. Mountain Time Zone. This subsection does not exempt the person from complying with all applicable requirements imposed by federal or state laws, rules, regulations, or orders.

E. This Section does not apply to watercraft of governmental agencies or to Department-approved emergency standby watercraft operated by lake concessionaires if operating to address public safety or public welfare.

History

• Amended as an emergency effective April 10, 1975 (Supp. 75-1). Amended effective May 3, 1976 (Supp. 76-3). Amended as an emergency effective July 9, 1976 (Supp. 76-4). Amended effective June 4, 1979 (Supp. 79-3). Former Section R12-4-89 renumbered as Section R12-4-517 without change effective August 13, 1981 (Supp. 81-4). Amended subsections (A) and (C) effective December 17, 1981 (Supp. 81-6). Amended effective December 28, 1982 (Supp. 82-6). Amended subsections (A) through (C) effective December 4, 1984 (Supp. 84-6). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by exempt rulemaking at 17 A.A.R. 1189, effective May 24, 2011 (Supp. 11-2). Subsection (A)(9) corrected clerical error (Supp. 11-3). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-518 Regattas

A. When a regatta permit is issued by the Coast Guard, the person in control of the regatta shall at all times be responsible for compliance with the stipulations as prescribed within the regatta permit. Such stipulations may include but not be limited to:

1. A specified number of patrol or committee boats and identified as such.

2. Availability of emergency medical services.

3. Spectator control if there exists a danger that life or property is in jeopardy.

B. Non-compliance with any stipulation of an authorized permit which jeopardizes the public welfare shall be cause to terminate the regatta until the person in control or a person designated by the one in control satisfactorily restores compliance.

C. When a regatta applicant is informed in writing by the Coast Guard that a permit is not required, such regatta may take place, but shall not relieve the regatta sponsor of any responsibility for the public welfare or confer any exemption from state boating and watersports laws and rules.

D. The regatta sponsor and all participants shall comply with aquatic invasive species requirements established under A.R.S Title 17, Chapter 2, Article 3.1 and 12 A.A.C. 4, Article 9.

History

• Adopted effective March 5, 1982 (Supp. 82-2). Amended by final rulemaking at 18 A.A.R. 196, effective January 10, 2012 (Supp. 12-1). Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.

Ariz. Admin. Code § R12-4-519 Reciprocity

As authorized under A.R.S. § 5-322(E), all watercraft currently numbered or exempt from numbering under the provisions of their state of principal operation are exempt from numbering for a period of 90 days after entering this state.

History

• Section R12-4-519 renumbered from R12-4-503 and amended effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-520 Arizona Aids to Navigation System

A. The Arizona aids the same as that prescribed under 33 C.F.R. 62, revised July 1, 2014, which is incorporated by reference in this Section. The incorporated material is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, PO. Box 979050, St. Louis, MO 63197-9000. This Section does not include any later amendments or editions of the incorporated material.

B. A person shall not mark the waterways or their shorelines in this state with mooring buoys, regulatory markers, aids to navigation, lights, or other types of permitted waterway marking devices, without authorization from the governmental agency or the private interest having jurisdiction on such waters.

C. A person shall not moor or fasten a watercraft to any marker not intended for mooring, or willfully damage, tamper with, remove, obstruct, or interfere with any aid to navigation, regulatory marker or other type of permitted waterway marking devices, except in the performance of authorized maintenance responsibilities or as authorized under R12-4-518 or this Section.

D. If a government agency or private interest has not exercised its authority to control watercraft within its jurisdiction under A.R.S. § 5- 361, or if waters are directly under the jurisdiction of the Commission, the Department has the authority to control watercraft within that jurisdiction in accordance with the following guidelines:

1. The Department may place controlled-use markers only where controlled operation of watercraft is necessary to protect life, property, or habitat, and shall move or remove the markers only if the need for the protection changes.

2. The restrictions imposed are clearly communicated to the public by wording on the markers, such as those defined under R12-4-501.

E. A governmental agency, excluding federal agencies with jurisdiction over federal navigable waterways, has the authority to control watercraft within that jurisdiction in accordance with the following guidelines:

1. A government agency may place controlled-use markers only where controlled operation of watercraft is necessary to protect life, property, or habitat, and shall move or remove the markers only if the need for the protection changes.

2. The restrictions imposed are clearly communicated to the public by wording on the markers, such as those defined under R12-4-501.

F. Any person may request establishment, change, or removal of controlled-use markers on waters under the jurisdiction of the Commission or on waters not under the jurisdiction of another government agency by submitting a written request providing the reasons for the request to the Arizona Game and Fish Department, 5000 W. Carefree Hwy, Phoenix, AZ 85086.

1. The Department shall either approve or deny the request within 60 days of receipt.

2. A person may appeal the Department's denial of a request to the Commission as an appealable agency action under A.R.S. Title 41, Chapter 6, Article 10.

History

• Section R12-4-520 adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-521 [Repealed]

History

• Section R12-4-520 adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Repealed by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-522 [Repealed]

History

• Section R12-4-520 adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Repealed by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-523 Controlled Operation of Watercraft

A. A person shall not operate any watercraft, or use any watercraft to tow a person on water skis, a surfboard, inflatable device, or similar object, device or equipment in a manner contrary to the area restrictions imposed by lawfully placed controlled-use markers, except for:

1. Law enforcement officers acting within the scope of their lawful duties;

Persons involved in rescue operations;

3. Persons engaged in government-authorized activities; and

4. Persons participating in a regatta, during the time limits of the event only.

B. The exemptions listed under subsection (A) do not authorize any person to operate a watercraft in a careless, negligent, or reckless manner as prescribed under A.R.S. § 5-341.

History

• Section R12-4-520 adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-524 Towed Water Sports

A. An operator of a watercraft shall ensure an observer is on duty at all times when a person is being towed behind the watercraft or is surfing a wake created by the watercraft. The observer shall:

1. Be twelve years of age or older;

2. Be physically capable and mentally competent to act as an observer; and

3. Continually observe the person or persons being towed behind the watercraft or surfing a wake created by the watercraft.

B. The operator of a watercraft shall ensure a person being towed behind the watercraft or riding a wake created by the watercraft is wearing a wearable personal flotation device approved by the U.S. Coast Guard whenever the watercraft is underway. This subsection applies to any contrivance designed for or used to tow a person behind a watercraft or ride the wake created by a watercraft regardless of whether or not the contrivance is attached to the watercraft. This includes, but is not limited to, boards, discs, hydrofoils, kites, inflatables, and water skis.

C. A person shall not operate a watercraft while a person is holding onto or is physically attached to any transom structure of the water-craft, including but not limited to a swim platform, swim deck, swim step, and swim ladder. This subsection does not apply to a person who is:

1. Assisting with docking or departure activities,

2. Exiting or entering the watercraft, or

Engaging in law enforcement or emergency rescue activity.

History

• New Section made by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-525 Revocation of Watercraft Certificate of Number, Az Numbers, and Decals

A. For the purposes of this Section, "person" has same meaning as prescribed under A.R.S. § 5-301.

B. Upon notice of conviction of a person under A.R.S. § 5-391(G), the Department shall revoke for a period not to exceed two years the certificates of number, AZ numbers, registration decals, and Nonresident Boating Safety Infrastructure decals of any Arizona registered watercraft owned by that person and involved in the violation.

C. Upon notice of conviction of a person under A.R.S. § 5-391(H), the Department shall revoke for a period not to exceed one year the certificates of number, AZ numbers, registration decals, and Nonresident Boating Safety Infrastructure decals for any Arizona registered watercraft owned by that person and involved in the violation.

D. Upon receiving notice of conviction, the Department shall serve notice under A.R.S. §§ 41-1092.03 and 41-1092.04 on the person convicted that the certificates of number, AZ numbers, registration decals, and Nonresident Boating Safety Infrastructure decals of watercraft the person owns are subject to revocation.

E. A person whose certificates of number, AZ numbers, registration decals, and Nonresident Boating Safety Infrastructure decals are subject to revocation may request a hearing. The person shall submit a written request to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Hwy, Phoenix, AZ 85086, within 30 calendar days of receiving the notice described under subsection (D).

F. If the person requests a hearing, the Department shall, within 60 days of receiving the request, schedule a hearing as prescribed under A.R.S. § 41-1092.05.

G. After a final decision to revoke the person's certificates of number, AZ numbers, registration decals, and Nonresident Boating Safety Infrastructure decals, the Department shall serve upon the person an Order of Revocation. Within 15 calendar days of receipt of the notice, the person shall surrender to the Department the revoked certificates of number and decals.

H. The revocation of the certificates of number, AZ numbers, registration decals, and Nonresident Boating Safety Infrastructure decals does not affect the legal title to or any property rights in the watercraft. Upon receipt of an application to transfer watercraft registration by the new watercraft owner, the Department shall terminate the revocation and allow the owner to transfer the owner's entire interest in the watercraft if the Department is satisfied the transfer is proposed in good faith and not for the purpose of defeating the revocation.

History

• New Section made by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-526 Unlawful Mooring

A. A person, as defined under A.R.S. § 5-301, shall not moor, anchor, fasten to the shore, or otherwise secure a watercraft in any public body of water for more than 14 days within any period of 28 consecutive days unless:

1. The person moves the watercraft at least 25 nautical miles from its previous location,

2. 1. The waters are a special anchorage area as defined under A.R.S. § 5-301,

3. 2. Authorized for private dock or moorage, or

4. 3. Authorized by the government agency or private interest having jurisdiction over the waters.

B. A person shall remove an abandoned or submerged watercraft from public waters within 72 hours of notice by registered mail or personal service of notice to remove such watercraft.

C. The owner of any abandoned watercraft shall be responsible for all towing and storage fees resulting from the removal of the water-craft from public waters.

History

• New Section made by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-527 Transfer of Ownership of a Towed Watercraft

A. For the purpose of this Section, "towed watercraft" means a watercraft that has been impounded by or is in the possession of a towing company located in this state.

B. Within 15 days of impounding a watercraft, a towing company shall submit a request to the Department for watercraft registration information as prescribed under A.R.S. § 5-324 and in compliance with A.R.S. § 5-399. The towing company shall present the towed watercraft to the closest Department office for identification if there is no discernible hull identification number or state-issued registration number.

C. Within 15 days of receiving the watercraft registration information from the Department, the towing company shall provide written notification by certified mail return receipt requested to the owner and lienholder, if known, of the watercraft's location.

C D. If a watercraft remains unclaimed 15 days after the date of mailing the written notification to the owner and lienholder as required under subsection (C) of this Section, the towing company shall submit all of the following to the Department:

Evidence of compliance with notification requirements prescribed under A.R.S. § 5-399 and subsection (C);

2. A report on a form furnished by the Department and available at any Department office. The form shall include all of the following information:

a. Name of towing company;

b. Towing company's business address;

c. Towing company's business telephone number;

d. Towing company's Arizona Department of Public Safety tow truck permit number;

e. Towed watercraft's hull identification number, if known;

f. Towed watercraft's state-issued registration number, registration decal, and year of expiration, if known;

g. Towed watercraft's trailer license number, if available;

h. State and year of trailer registration, if available;

i. Towed watercraft's color and manufacturer, if known;

j. Towed watercraft's condition, whether intact, stripped, damaged, or burned, along with a description of any damage;

k. Date the watercraft was towed;

l. Location from which the towed watercraft was removed;

m. Entity that ordered the removal of the towed watercraft, and if a law enforcement agency, include officer badge number, jurisdiction, and copy of report or towing invoice;

n. Location where the towed watercraft is stored; and

o. Name and signature of towing company's authorized representative; and

3. Twenty-five dollar application fee authorized under A.R.S. § 5-399.03(2) and established under R12-4-504.

E. The towing company shall notify the Department within 24 hours if the watercraft is released, returned to, redeemed, or repossessed by the owner, lienholder, or by a person identified in the Department's record as having an interest in the watercraft.

D F.If the Department is unsuccessful in its attempt to identify or contact the registered owner or lienholder of the towed watercraft and has determined the towed watercraft is not stolen, the towing company shall:

1. Follow the application procedures established under A.R.S. § 5-399.02(B), and

2. Apply for watercraft registration as established under R12-4-502.

G. A towing company that obtains ownership of a watercraft pursuant to A.R.S. § 5-399.02 and this Section shall maintain the following records for a period of three years from the date the Department transferred ownership of the towed watercraft:

1. The request made pursuant to A.R.S. § 5-324.

2. The notification provided pursuant to A.R.S. § 5-399.

3. The application for transfer of ownership pursuant to A.R.S. § 5-399.02.

4. Any other documents required by the Department.

History

• New Section made by emergency rulemaking under A.R.S. § 41-1026 at 9 A.A.R. 1241, effective May 26, 2003 for a period of 180 days (Supp. 03-1). Emergency rulemaking repealed under A.R.S. § 41-1026(E) and permanent new Section made by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 23 A.A.R. 1034, effective 8/5/2017. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-528 Watercraft Checkpoints

A. A law enforcement agency may establish a watercraft checkpoint to ensure public safety on state waterways, to screen for unsafe or impaired watercraft operators, or to gather demographic, statistical, and compliance information related to watercraft activities.

B. An individual may be required to perform the following during a watercraft stop or at a watercraft checkpoint:

1. Stop or halt as directed when being hailed by a peace officer or entering the established checkpoint boundary as prescribed under A.R.S. § 5-391, and

2. Provide evidence of required safety equipment and registration documentation prescribed under A.R.S. Title 5, Chapter 3, Boating and Water Sports.

C. This Section does not limit any state peace officer's authority to conduct routine watercraft patrol efforts prescribed under A.R.S. Title 5, Chapter 3, Boating and Water Sports.

History

• New Section made by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1).

Ariz. Admin. Code § R12-4-529 Nonresident Boating Safety Infrastructure Fees; Proof of Payment;

A. Before placing that watercraft on the waterways of this State, a nonresident owner of a recreational watercraft who establishes this State as the state of principal operation shall pay the applicable Nonresident Boating Safety Infrastructure Fee (NBSIF) as authorized under A.R.S. §§ 5-326 and 5-327:

1. Twelve feet and less: $80

2. Twelve feet one inch through sixteen feet: $88

3. Sixteen feet one inch through twenty feet: $192

4. Twenty feet one inch through twenty-six feet: $224

5. Twenty-six feet one inch through thirty-nine feet: $253

Thirty-nine feet one inch through sixty-four feet: $286

7. Sixty-four feet one inch and over: $429

8. For the purposes of this subsection, the length of the motorized watercraft shall be measured in the same manner prescribed under A.R.S. § 5-321(C).

B. The nonresident recreational watercraft owner shall carry and display proof of payment of the fee while the watercraft is underway, moored, or anchored on the waterways of this State. Acceptable proof of payment includes any one of the following:

1. A current Arizona Watercraft Certificate of Number indicating the NBSIF was paid,

2. A current Arizona Watercraft Temporary Certificate of Number indicating the NBSIF was paid, or

3. A current Arizona Watercraft Registration Decal indicating the NBSIF was paid

4. A current Arizona Nonresident Boating Safety Infrastructure Decal.

C. The Nonresident Boating Safety Infrastructure Decal shall be affixed in front of the Arizona Watercraft Registration Decal on both sides of the forward half of the watercraft.

History

• Adopted effective October 22, 1976 (Supp. 76-5). Former Section R12-4-90 renumbered as Section R12-4-529 without change effective August 13, 1981 (Supp. 81-4). Repealed effective May 27, 1992 (Supp. 92-2). New Section made by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code § R12-4-530 Authorized Third-party Providers; Agents

A. The Department may enter into a contract with a private entity to perform limited or specific services on behalf of the Department in accordance with State procurement laws and rules.

1. The Department may authorize a person to be a third-party provider. An authorized third-party provider shall meet the requirements established by the Department and shall be selected through a competitive bid process.

2. The Department may authorize a third-party provider to perform any one or more of the following services:

a. Watercraft transfer.

b. Watercraft registration renewal.

c. Duplicate watercraft registration and decal.

d. New watercraft registration.

B. A person shall not engage in any business pursuant to this Section unless the Department authorizes the person to engage in the business.

C. The Department shall establish minimum quality standards of service and a quality assurance program for authorized third-party providers to ensure that an authorized third-party provider is complying with the minimum standards.

D. The Department may:

1. Conduct investigations.

2. Conduct audits.

3. Make on-site inspections in compliance with A.R.S. § 41-1009.

4. Require an authorized third-party or employees or agents of an authorized third-party be certified to perform the services prescribed in this Article.

E. An authorized third-party provider shall remit to the Department all fees established under R12-4-504 and R12-4-529 it collects.

1. An authorized third-party provider may collect and retain a reasonable and commensurate fee for its services.

2. Each authorized third-party provider that holds itself out as providing services to the public shall identify to the applicant the Department's registration fee and the nonresident boating safety infrastructure fee, when applicable, separately from any other costs.

F. A third-party who is authorized pursuant to this Section shall:

1. Maintain records in a form and manner prescribed by the Department.

Allow access to the records during regular business hours to authorized representatives of the Department or any law enforcement agency to ensure compliance with all applicable statutes and rules.

G. The Department may suspend or cancel an authorization or certification, or both, granted pursuant to this Section if the Department determines that the third-party provider or certificate holder has done any of the following:

1. Made a material misrepresentation or misstatement in the application for authorization or certification.

2. Has been convicted of fraud or a watercraft related felony in any state or jurisdiction of the U.S. within the ten years immediately preceding the date a criminal records check is complete.

3. Has been convicted of a felony, other than a felony described in subsection (2), in any state or jurisdiction of the U.S. within the five years immediately preceding the date a criminal records check is complete.

4. Violated a rule or policy adopted by the Department.

5. Failed to keep and maintain records required by this Section.

6. Failed to remit to the Department all fees established under R12-4-504 and R12-4-529 it collects.

7. Allowed an unauthorized person to engage in any business pursuant to this Section.

K. If the Department has reasonable grounds to believe that a certificate holder or other person employed by an authorized third-party provider has committed a serious violation, the Department may order a summary suspension of the third provider's authorization granted pursuant to this Section pending formal suspension or cancellation proceedings. For the purposes of this subsection, "serious violation" means:

1. Watercraft registration fraud.

2. Improper disclosure of personal information.

3. Bribery.

4. Theft.

L. On determining that grounds for suspension or cancellation of an authorization or certification, or both, exist, the Department shall give written notice to the third-party provider or certificate holder to appear at a hearing before the Department to show cause why the authorization or certification should not be suspended or canceled.

1. After consideration of the evidence presented at the hearing, the Department shall serve notice of the finding and order to the third-party or certificate holder.

2. If a third-party authorization or a certification is suspended or canceled, the third-party or certificate holder may appeal the decision pursuant to A.R.S. Title 41, Chapter 6, Article 10.

History

• Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.

Ariz. Admin. Code §§ R12-4-531 through R12-4-540 Reserved

Ariz. Admin. Code § R12-4-541 [REPEALED]

History

• Former Section R12-4-88 renumbered as Section R12-4-541 without change effective August 13, 1981 (Supp. 81-4). Amended effective April 5, 1985 (Supp. 85-2). Repealed effective May 27, 1992 (Supp. 92-2).

Ariz. Admin. Code § R12-4-542 [REPEALED]

History

• Adopted as an emergency effective August 31, 1981, valid for ninety (90) days after filing pursuant to A.R.S. § 41-1003 (Supp. 81-4). Former Section R12-4-542 adopted as an emergency now adopted as permanent with further amendment effective March 5, 1982 (Supp. 82-2). Amended effective March 29, 1985 (Supp. 85-2). Repealed effective May 27, 1992 (Supp. 92-2).

Ariz. Admin. Code § R12-4-543 [REPEALED]

History

• Adopted effective January 29, 1982 (Supp. 82-1). Amended effective August 19, 1983 (Supp. 83-4). Amended subsection (A) effective July 3, 1984 (Supp. 84-4). Amended effective March 29, 1985 (Supp. 85-2). Correction, subsection (A), paragraph (2) as certified effective March 29, 1985 (Supp. 86-3). Amended subsection (A) effective June 18, 1987 (Supp. 87-2). Amended as an emergency effective May, 15, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Emergency expired. Amended and readopted as an emergency effective August 25, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency expired. Emergency amendments adopted with changes effective January 5, 1990 (Supp. 90-1). Repealed effective May 27, 1992 (Supp. 92-2).

Ariz. Admin. Code § R12-4-544 [REPEALED]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended subsection (A) effective July 3, 1984 (Supp. 84-4). Amended subsection (A) effective June 18, 1987 (Supp. 87-2). Repealed effective May 27, 1992 (Supp. 92-2).

Ariz. Admin. Code § R12-4-545 [REPEALED]

History

• Adopted effective April 5, 1985 (Supp. 85-2). Amended by emergency effective May 18, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency amendments readopted effective August 28, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Repealed effective May 27, 1992 (Supp. 92-2).

Article 6 RULES OF PRACTICE BEFORE THE COMMISSION

Ariz. Admin. Code § R12-4-601 Definitions

The following definitions apply to this Article unless otherwise specified:

"Appealable agency action" has the same meaning as provided under A.R.S. § 41-1092.

"Business day" means any day other than a furlough day, Saturday, Sunday, or holiday.

"Commission Chair" means the person who presides over the Arizona Game and Fish Commission.

"Contested case" has the same meaning as provided under A.R.S. § 41-1001.

"Ex parte communication" means any oral or written communication with a Commissioner by a party concerning a substantive issue in a contested proceeding that is not part of the public record.

"Party" has the same meaning as provided under A.R.S. § 41-1001.

"Respondent" means the person named as the respondent in a notice of hearing issued by the Department.

History

• Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final rulemaking at 16 A.A.R. 1465, effective July 13, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-602 Petition for Rule or Review of Practice or Policy

A. A person may petition the Commission under A.R.S. § 41-1033 for a:

1. Rulemaking action relating to a Commission rule, including making a new rule or amending or repealing an existing rule; or

2. Review of an existing Department practice or substantive policy statement alleged to constitute a rule.

B. To act under A.R.S. § 41-1033 and this Section, a person shall submit a petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The form is available at any Department office and on the Department's website.

C. A petitioner shall address only one rule, practice, or substantive policy in the petition.

D. If the Commission has considered and denied a petition, and a petitioner submits a petition within the next year that addresses the same substantive issue, the petitioner shall provide a written statement that contains any reason not previously considered by the Commission in making a decision.

E. D. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. A petitioner shall provide all of the following information:

1. Petitioner identification:

a. When the petition is submitted by a private person, the person's:

i. Name;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number; and

iv. Email, when available;

b. When the petition is submitted by an organization or private group;

i. Name of organization or group;

ii. Name and title of the organization's or group's representative;

iii. Physical and mailing address, if different from the physical address;

iv. Representative's contact telephone number; and

v. Email, when available;

c. When the petition is submitted by a public agency;

i. Name of the public agency;

ii. Name and title of the agency's representative;

iii. Physical and mailing address if different from the physical address;

iv. Representative's contact telephone number; and

v. Email, when available;

Type of request:

a. Adopt, amend, or repeal a rule, or

b. Review of a practice or substantive policy statement;

3. When the petition is for rulemaking action:

a. Statement of the rulemaking action sought, including the Arizona Administrative Code citation of all existing rules, and the specific language of a new rule or rule amendment; and

b. Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful;

4. When the petition is for a review of an existing practice or substantive policy statement:

a. Subject matter of the existing practice or substantive policy statement, and

b. Reasons why the existing practice or substantive policy statement constitutes a rule;

5. When the petitioner is a public agency, a summary of issues raised in any public meeting or hearing regarding the petition or any written comments offered by the public.

6. Any other information required by the Department;

7. Petitioner's signature; and

8. Date on which the petition was signed.

D. E. In addition to the requirements listed under subsection (D), a person may submit supporting information with a petition, including:

Statistical data; and

2. A list of other persons likely to be affected by the rulemaking action or the review, with an explanation of the likely effects.

F. When a petitioner submits a petition that addresses the same substantive issue considered by the Commission within the previous year, the petitioner shall also provide an additional written statement that includes rationale not previously considered by the Commission in making the previous decision.

F. G. The Department shall determine whether the petition complies with this Section within fifteen business days after the date on which the petition was received.

1. If the petition complies with this Section :

a. The Department shall place the petition on a Commission open meeting agenda.

b. The petitioner may present oral testimony at that open meeting under R12-4-604.

c. The Commission shall render a final decision on the petition as prescribed under A.R.S. § 41-1033.

2. If a petition does not comply with this Section:

a. The Director shall return the petition to the petitioner, and

b. Indicate in writing why the petition does not comply with this Section. The petitioner shall be afforded the opportunity to resubmit a corrected petition.

G. Petitions shall be typewritten, computer or word processor printed, or legibly handwritten, and double-spaced, on 8 1/2" x 11" paper; or typewritten, computer or word processor printed, or legibly handwritten on a form provided by the Department. The title shall be centered at the top of the first page and appear as "Petition to the Arizona Game and Fish Commission." The petition shall include the items listed in subsections (H) through (L). The items in the petition shall be presented in the order in which they are listed in this Section.

H. The title of Part 1 shall be "Identification of Petitioner." The title shall be centered at the top of the first page of this part. Part 1 shall contain:

1. If the petitioner is a private individual, the name, mailing address, and telephone number of the petitioner;

2. If the petitioner is a private group or organization, the name and address of the group or organization; the name, mailing address, and telephone number of an individual who is designated as the representative or official contact for the petitioner; the total number of individuals, and the number of Arizona residents represented by the petitioner; or the names and addresses of all individuals represented by the petitioner; or

3. If the petitioner is a public agency, the name and address of the agency and the name, title, and telephone number of the agency's representative.

I. The title of Part 2 shall be "Request for Rule" or "Request for Review," as applicable. The title shall be centered at the top of the first page of this part. Part 2 shall contain:

1. If the petition is for a new rule, a statement to this effect, followed by the heading and specific language of the proposed rule;

2. If the request is for amendment of a current rule, a statement to this effect, followed by the Arizona Administrative Code number of the current rule proposed for amendment, the heading of the rule, the specific, clearly readable language of the rule, indicating language to be deleted with strikeouts, and language to be added with underlining;

3. If the request is for repeal of a current rule, a statement to this effect, followed by the Arizona Administrative Code number of the rule proposed for repeal and the heading of the rule; or

4. If the request is for review of an existing agency practice or substantive policy statement that the petitioner alleges qualifies as a rule, as defined under A.R.S. § 41-1001, a statement to this effect, followed by the practice or policy number, if any, the practice or policy heading, if any, or a brief description of the practice or policy subject matter.

J. The title of Part 3 shall be "Reason for the Petition." The title shall be centered at the top of the first page of this part. Part 3 shall contain:

1. The reason the petitioner believes rulemaking or review of a practice or policy is necessary;

2. Any statistical data or other justification supporting rulemaking or review of the practice or policy, with clear reference to any exhibits that are attached to or included with the petition;

3. An identification of any individuals or special interest groups the petitioner believes would be impacted by the rule or a review of the practice or policy, and how they would be impacted; and

4. If the petitioner is a public agency, a summary of issues raised in any public meeting or hearing regarding the petition, or any written comments offered by the public.

K. The title of Part 4 shall be "Statutory Authority." The title shall be centered at the top of the first page of this part. In Part 4, the petitioner shall identify any statute that authorizes the Commission to make the rule, if known, or cite A.R.S. § 41-1033 if the petition relates to review of an existing practice or substantive policy statement.

L. The title of Part 5 shall be "Date and Signature." The title shall be centered at the top of the first page of this part. Part 5 shall contain:

1. An original signature of the representative or official contact, if the petitioner is a private group or organization or private individual named under subsection (H)(1) or (H)(2); or

2. If the petitioner is a public agency, the signature of the agency head or the agency head's designee; and

3. The month, day, and year that the petition is signed.

History

• Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-601 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-603 Written Comments on Proposed Rules

A. Under A.R.S. § 41-1023, a person may submit written statements, arguments, data, and views on a proposed rulemaking published by the Secretary of State in the Arizona Administrative Register .

B. A person submitting a written comment to the Commission for consideration in a final decision on the rulemaking may voluntarily provide their name and mailing address. The Commission may only consider written comments that:

1. Are received on or before the close of record date, as published by the Secretary of State in the Arizona Administrative Register;

2. Indicate if expressed on behalf of a group or organization, whether the views expressed are the official position of the group or organization, the number of individuals represented are represented, types of membership available, and number of Arizona residents in each membership category. Comments that do not include the information required under this subsection will be placed in the rulemaking record as the views of the individual submitting the comments and not the views of any group or organization; and

3. 2. Are submitted to the agency contact identified in the Department's notice of proposed rulemaking as published by the Secretary of State in the Arizona Administrative Register .

3. In addition, a person submitting a comment submitted on behalf of a group or organization shall include a statement that the comment represents the official position of the group or organization. A comment submitted on behalf of a group or organization that does not contain this statement shall be considered the comment of the person submitting the comment, and not that of the group or organization.

History

• Adopted effective December 22, 1987 (Supp. 87-4). Amended effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-602 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-604 Oral Proceedings Before the Commission

A. For the purposes of this Section,"matter" or "proceeding" means any contested case, appealable agency action, rule or review petition hearing, rulemaking proceeding, or any public input at a Commission meeting.

B. A. The Commission may allow an oral proceeding on any matter on the Commission's agenda. At an oral proceeding, the Commission Chair:

1. The Chair is responsible for conducting the proceeding. If an individual wants to speak, the individual shall first request and be granted permission by the Chair.

2. Depending on the nature of the proceeding, the Chair may administer an oath to a witness before receiving testimony.

3. The Chair may order the removal of any individual who is disrupting the proceeding.

4. Based on the amount of time available, the Chair may limit the number of presentations or the time for testimony regarding a particular issue and shall prohibit irrelevant or immaterial testimony.

1. Is responsible for conducting the proceeding.

May administer an oath to a witness before receiving testimony.

3. May order the removal of any person who is disrupting a proceeding.

4. May limit the number of presentations or the time for testimony regarding a particular issue.

B. A person desiring to speak at an oral proceeding shall first request permission to speak from the Commission Chair.

5. C. Technical rules of evidence do not apply to an oral proceeding, and no informality in any proceeding or in the manner of taking testimony invalidates any order, decision, or rule made by the Commission.

C. D. The Commission authorizes the Director to designate a hearing officer for oral proceedings to take public input on proposed rulemak-ing.

D. E. The Commission authorizes the Director to continue a scheduled proceeding to a later Commission meeting. To request a continuance, a petitioner shall:

1. Deliver the request to the Director no later than 24 hours before the scheduled proceeding;

2. Demonstrate that the proceeding has not been continued more than twice; and

3. Demonstrate good cause for the continuance.

History

• Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-603 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-605 Ex Parte Communication

A. For purposes of this Section:

1. "Individual outside the Commission" means any individual other than a Commissioner, personal aide to a Commissioner, Department employee, consultant of the Commission, or an attorney representing the Commission.

2. "Ex parte communication" means any oral or written communication with the Commission that is not part of the public record and for which no reasonable prior written notice has been given to all interested parties.

B. A. A party shall not communicate, either directly or indirectly, with a Commissioner about any substantive issue in a pending contested case or appealable agency action, unless:

1. All parties are present;

2. The communication occurs during the scheduled proceeding, where an absent party failed to appear after proper notice; or

3. It is by written motion with a copy provided to all parties.

C. B. A Commissioner who receives an ex parte communication shall place on the public record of the proceeding :

1. A copy of the written communication;

2. A summary of the oral communication; and

The Commissioner's response to any such ex parte communication.

D. Upon receipt of a communication made or knowingly caused to be made by a party in violation of this Section, the Commission or its hearing officer, to the extent consistent with equity and fairness, may require the party to show cause why the claim or interest in proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected because of the violation.

E. C. The provisions of this Section apply from the date that a notice of hearing for a contested case or an appealable agency action is served on the parties.

History

• Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-604 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-606 Standards for Revocation, Suspension, or Denial of a License

A. Under A.R.S. § 17-340, when the Department makes a recommendation to the Commission for license revocation, the Commission shall hold a hearing and may revoke, suspend, or deny any hunting, fishing, or trapping license for a person convicted of any of the following offenses:

1. Killing or wounding a big game animal during a closed season.

2. Possessing a big game animal taken during a closed season.

2. 3. Destroying, injuring, or molesting livestock while hunting, fishing, or trapping.

Damaging or destroying personal property, growing crops, notices or signboards, or other improvements while hunting, fishing, or trapping.

5. Bartering, selling, or offering to sell unlawfully taken wildlife or wildlife parts.

3. 6. Careless use of a firearm while hunting, fishing, or trapping that results in the injury or death of any person, if the act of discharging the firearm was deliberate.

4. 7. Applying for or obtaining a license or permit by fraud or misrepresentation in violation of A.R.S. § 17-341.

8. Knowingly allowing another person to use the person's big game tag, except as provided under A.R.S. § 17-332(D).

5. 9. Entering upon a game refuge or other area closed to hunting, trapping or fishing and taking, driving, or attempting to drive wildlife from the area in violation of A.R.S. §§ 17-303 and 17-304.

6. 10. Unlawfully posting state or federal lands in violation of A.R.S. § 17-304(B).

11. Unlawfully using aircraft to take, assist in taking, harass, chase, drive, locate, or assist in locating wildlife in violation of A.R.S. § 17-340(A)(8).

B. Under A.R.S. § 17-340, the Commission shall hold a hearing and may revoke, suspend, or deny any hunting fishing, or trapping license if the Department recommends revocation, suspension, or denial of the license for an individual convicted of any of the following offenses:

1. 12. Unlawfully taking or possessing big game

a. The big game was taken without a valid license or permit.

b. The unlawful taking was willful and deliberate.

c. The person in unlawful possession aided the unlawful taking or was, or should have been, aware that the taking was unlawful.

2. 13. Unlawfully taking or possessing small game or fish

a. The taking was willful and deliberate.

b. The possession was in excess of the lawful possession limit plus the daily bag limit.

3. 14. Unlawfully taking or possessing wildlife species.

15. Unlawful take of any bird or the removal of its nest or eggs.

4. 16. Littering a public hunting or fishing area while taking wildlife.

5. Careless use of a firearm while hunting, fishing, or trapping that resulted in injury or death to any person, if the act of discharging the firearm was not deliberate, but sufficient evidence, which may or may not have been introduced in the court proceeding, indicates that the careless use demonstrated wanton disregard for the safety of human life or property.

17. Waste of edible portions of a game species under A.R.S. § 17-309, in violation of A.R.S. § 17-309(A)(5).

6. 18. Any violation for which a license can be revoked under A.R.S. § 17-340

7. 19. Any violation of A.R.S. § 17-306.

C. B. Under A.R.S. §§ 17-238, 17-334, 17-340, 17-362, 17-363, and 17-364, when the Department makes a recommendation to the Commission for license revocation, the Commission shall hold a hearing and may revoke any fur dealer, guide, taxidermy, license dealers license, or special license (as defined under R12-4-401) in any case where license revocation is authorized by law.

History

• Adopted effective December 22, 1987 (Supp. 87-4). Amended effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-605 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-607 Proceedings for License Revocation, Suspension, or Denial of Right to Obtain a License, and Civil Damages

A. The Director may commence a proceeding for the Commission to revoke, suspend or deny a license under A.R.S. §§ 17-236, 17-238, 17-334, 17-340, 17-362, 17-363, and 17-364. The Director may also commence a proceeding for the Commission to impose a civil penalty under A.R.S. § 17-314.

B. The Commission shall conduct a hearing concerning revocation, suspension, or denial of the right to obtain a license in accordance with the Administrative Procedure Act, A.R.S. Title 41, Chapter 6, Article 10. In a proceeding conducted under A.R.S. § 17-340, a respondent shall limit testimony to facts that show why the license should not be revoked or denied. Because the Commission does not have the authority to consider or change the conviction, a respondent is not permitted to raise this issue in the proceeding. The Commission shall permit a respondent to offer testimony or evidence relevant to the Commission's decision to impose a civil penalty or order a civil action for the recovery of wildlife parts.

C. If a respondent does not appear for a hearing on the date scheduled, at the time and location noticed, no further opportunity to be heard shall be provided, unless a rehearing or review is granted under R12-4-608. If the respondent does not wish to attend the hearing, the respondent may submit written testimony to the Department before the hearing date designated in the Notice of Hearing. The Commission shall ensure that written testimony received at the time of the hearing is read into the record at the hearing.

D. The Commission shall base its decision on the officer's case report, a summary prepared by the Department, a certified copy of the court record, and any testimony presented at the hearing. The Department shall supply the respondent with a copy of each document provided to the Commission for use in reaching a decision.

E. Any party may apply to the Commission for issuance of a subpoena to compel the appearance of any witness or the production of documents at any Commission hearing. No less than 10 calendar days before the hearing, the party shall file a written application that provides the name and address of the witness, the subject matter of the expected testimony, the documents sought to be produced, and the date, time, and place of the hearing. The Commission Chair has the authority to issue the subpoenas.

1. A party shall have a subpoena served as prescribed in the Arizona Rules of Civil Procedure, Rule 45. An employee of the Department may serve a subpoena at the request of the Commission Chair.

2. A party may request that a subpoena be amended at any time before the deadline provided in this Section for filing the application. The party shall have the amended subpoena served as provided in subsection (E)(1).

F. The Commission may vote to use the services of the office of administrative hearings to conduct a hearing concerning revocation, suspension, or denial of the right to obtain a license and to make a recommendation to the Commission, which shall review and accept, reject or modify the recommendation and issue its decision in an open meeting. When the Department receives a recommendation from the administrative law judge at least 30 days prior to the next regularly scheduled Commission meeting, the Department shall place the recommendation on the agenda for that meeting. A recommendation from the administrative law judge received after this time shall be considered at the next regularly scheduled open meeting.

F. G. A license revoked by the Commission is suspended on the date of the hearing and revoked upon issuance of the findings of fact, conclusions of law, and order. If a respondent appeals the Commission's order revoking a license, the license is revoked after all appeals have been exhausted. A denial of the right to obtain a license is effective for a period determined by the Commission as authorized under A.R.S. § 17-340, beginning on the date of the hearing.

G. H. A license suspended by the Commission is suspended on the date of the hearing, and suspended upon issuance of the findings of fact, conclusions of law, and order. If a respondent appeals the Commission's order suspending a license, the license is suspended after all appeals have been exhausted. The suspension of a license is effective for a period determined by the Commission as authorized under A.R.S. § 17-340, beginning on the date of the hearing.

History

• Adopted effective June 13, 1977 (Supp. 77-3). Former Section R12-4-14 renumbered as Section R12-4-115 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-115 renumbered without change as Section R12-4-607 effective December 22, 1987 (Supp. 87-4). Amended effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-606 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-608 Rehearing or Review of Commission Decisions

A. For purposes of this Section the following terms apply:

1. "Contested case" and "party" are defined as provided in A.R.S. § 41-1001 ;

2. "Appealable agency action" is defined as provided in A.R.S. § 41-1092(3) .

A. A party shall exhaust the party's administrative remedies by filing a motion for rehearing or review as provided in this Section. Failure to file a motion for rehearing or review within 30 days of service of the Commission's decision has the effect of prohibiting the party from seeking judicial review of the Commission's decision.

B. A party in a contested case or appealable agency action before the Commission may file a motion for rehearing or review of a Commission decision, specifying the grounds upon which the motion is based. The motion for rehearing or review shall be filed within 30 calendar days after service of the Commission's decision. For purposes of this subsection a decision is served when personally delivered or mailed by certified mail to the party's last known residence or place of business.

C. A party may amend a motion for rehearing or review at any time before the Commission rules upon the motion. A written response to a motion for rehearing or review may be filed and served within 15 days after service of the motion for rehearing or review. The Commission may require that the parties file supplemental memoranda on any issue raised in a motion or response, and allow for oral argument.

D. The Commission has the authority to grant rehearing or review for any of the following causes materially affecting the moving party's rights:

1. Irregularity in the proceedings of the Commission, or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Commission, its staff, an administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the proceeding; or

7. That the findings of fact or decision is not justified by the evidence or is contrary to law.

E. The Commission may either deny the motion for rehearing or review or grant a rehearing or review for any of the reasons listed under subsection (E). The Commission's order granting a rehearing or review shall specify the grounds for the order, and any rehearing shall cover only those grounds upon which the rehearing or review was granted.

F. After giving the party notice and an opportunity to be heard, the Commission may grant a motion for a rehearing or review for a reason not stated in the motion.

F. G. Within the time frame for filing the motion for rehearing or review, the Commission may grant a rehearing or review on its own initiative for any reason for which the Commission may have granted relief on motion of a party.

H. When the Commission grants a rehearing or review, the Commission shall hold the rehearing or review at its next regularly scheduled meeting or within 90 days of issuance of the order granting the rehearing or review. With the consent of the parties, the Commission may proceed to conduct the rehearing or review in the same meeting in which the Commission granted the rehearing or review.

G. When a motion for rehearing or review is based upon affidavits, the party shall serve the affidavits with the motion. An opposing party may, within 10 calendar days after service, serve opposing affidavits. The Commission may extend this period for no more than 20 calendar days for good cause shown or by written stipulation of the parties. The Commission has the authority to permit reply affidavits.

I. The Commission may take additional testimony, amend findings of fact and conclusions of law, and affirm, modify or reverse the original decision.

History

• Adopted effective April 28, 1989 (Supp. 89-2). Amended effective May 27, 1992 (Supp. 92-1). Amended effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 853, effective January 31, 2002 (Supp. 02-1). Amended and renumbered from R12-4-607 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-609 Commission Orders

A. Except as provided under subsection (B):

1. At least 14 calendar days before a meeting where the Commission will consider a Commission Order, the Department shall:

a. Post a public meeting notice and agenda in accordance with A.R.S. § 38-431.02; and

b. Issue a public notice of the recommended Commission Order in print and electronic media.

2. The Department shall ensure the public meeting notice and agenda includes:

a. The date, time, and location of the Commission meeting where the Commission Order will be considered;

b. A statement that the public may attend and present written comments at or before the meeting; and

c. A statement that a copy of the proposed Commission Order shall be made available to the public 10 calendar days before the meeting. Copies are available for public inspection on the Department's website and at Department offices in Phoenix, Pinetop, Flagstaff, Kingman, Yuma, Tucson, and Mesa.

3. The Commission may make changes to the recommended Commission Order at the Commission meeting.

B. The requirements of subsection (A) do not apply to a Commission Order that establishes:

1. A supplemental hunt as authorized under R12-4-115;

2. A special season for persons who possess a special license tag issued under A.R.S. § 17-346 and R12-4-120,

3. A special season that allows fish to be taken by additional methods on waters where a fish die-off is imminent as established under R12-4-317(C), and

4. A limited-entry fishing or hunting season as established under R12-4-116.

C. The Department shall publish the content of all Commission orders and make them available to the public free of charge.

History

• Adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 9 A.A.R. 610, effective April 6, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.

Ariz. Admin. Code § R12-4-610 Petitions for the Closure of State or Federal Lands to Hunting, Fishing, Trapping, or Operation of Motor Vehicles

A. A person requesting that the Commission consider closing state or federal land to hunting, fishing, or trapping as provided under A.R.S. § 17-304(B) or R12-4-110, or closing roads or trails on state lands as provided under R12-4-110, shall submit a petition as prescribed in this Section before the Commission will consider the request.

B. A petitioner shall not address more than one contiguous closure request in a petition.

C. A petitioner submitting a petition that addresses the same contiguous closure request previously considered and denied by the Commission shall provide an additional written statement that includes rationale not previously considered by the Commission.

D. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. The petition form shall contain all of the following information:

1. Petitioner identification:

a. When the petitioner is the leaseholder of the area proposed for closure:

i. Name of person;

ii. Lease number;

iii. Physical and mailing address, if different from the physical address;

iv. Contact telephone number; and

v. Email, when available;

b. When the petitioner is anyone other than the leaseholder of the area proposed for closure:

i. Name of person;

ii. Lease number;

iii. Physical and mailing address, if different from the physical address;

iv. Contact telephone number;

v. Email, when available; and

vi. Name of each group or organization or organizations that the petitioner represents; or

c. When the petitioner is a public agency:

i. Name of person;

ii. Name of agency;

iii. Petitioner's title;

iv. Lease number;

v. Agency's physical and mailing address, if different from the physical address;

vi. Contact telephone number; and

vii. Email, when available;

2. Type of closure requested:

a. Hunting,

b. Fishing,

c. Trapping, or

d. Operation of motor vehicles.

3. Reason for petition:

a. Each reason why the closure should be considered under R12-4-110, A.R.S. § 17-304(B), or A.R.S. § 17-452(A);

b. Any data or other justification supporting the reasons for the closure with clear reference to any exhibits that may be attached to the petition;

c. Each person or segment of the public the petitioner believes will be impacted by the closure, including any other valid licensees, lessees, or permittees that will or may be affected, and how they will be impacted, including both positive and negative impacts;

d. If the petitioner is a public agency, a summary of issues raised in any public hearing or public meeting regarding the petition and a copy of written comments received by the petitioning agency; and

e. A proposed alternate access route, under R12-4-110.

4. A concise map identifying the specific location of the proposed closure;

5. Petitioner's signature;

6. Date on which the petition was signed; and

7. Any other information required by the Department.

E. The Department shall determine whether the petition complies with the requirements established under A.R.S. § 17-452, R12-4-110, and this Section within 15 business days after receiving the petition.

1. If the petition meets these requirements, and provided the petitioner has not agreed to an alternative solution or withdrawn the petition, the Department, in accordance with the schedule in subsection (F), shall place the petition on the agenda for the Commission's next regularly scheduled open meeting and provide written notice to the petitioner of the meeting date.

1. The petitioner may present oral testimony in support of the petition at the Commission meeting, in accordance with the provisions established under R12-4-603 .

2. If a petition does not comply with the requirements prescribed under A.R.S. § 17-452, R12-4-110, and this Section:

a. The Department shall return the petition to the petitioner, and

b. Indicate in writing why the petition does not comply with this Section.

3. If the Department returns a petition to a petitioner for a reason that cannot be corrected, the Department shall serve on the petitioner a notice of appealable agency action under A.R.S. § 41-1092.03.

F. When the Department receives a petition not less than 60 calendar days before a regularly scheduled Commission meeting, the Department shall place the petition on the agenda for that meeting. A petition received after this time will be considered at the next regularly scheduled open meeting.

G. The petitioner may:

1. Present oral testimony in support of the petition at the Commission meeting, in accordance with the provisions established under R12-4-604.

2. Withdraw the petition or request a continuance to a later regularly scheduled open meeting at any time.

F. The petitioner shall submit a petition that:

1. Is typewritten, computer or word processor printed, or legibly handwritten, and double-spaced, on 8 1/2 x 11" paper;

2. Has a concise map that shows the specific location of the proposed closure;

3. Has the title "Petition for the Closure of Hunting, Fishing, or Trapping Privileges on Public Land" or "Petition for the Closure of Public Lands to the Operation of Motor Vehicles" at the top of the first page;

4. Is in four parts, with titles designating each part as prescribed in this subsection;

5. Has a "Part 1" with the title "Identification of Petitioner" and contains the following information, if applicable:

a. If the petitioner is the leaseholder of the area proposed for closure, the name, lease number, mailing address, and home telephone number of the petitioner;

b. If the petitioner is anyone other than the leaseholder, the name, mailing address, and telephone number of the leaseholder; the name, mailing address, and telephone number of the petitioner; and the name of each group or organization or organizations that the petitioner represents; or

c. If the petitioner is a public agency, the name and address of the agency and the name, title, and telephone number of the agency's representative regarding the petition.

6. Has a "Part 2" with the title "Request for Closure" and contains all of the following information, if applicable:

a. The type of closure requested: either a hunting, fishing, or trapping closure, or closure to the operation of motor vehicles;

b. A complete legal description of the area to be closed;

c. The name or identifying number of any road and the portion of the road affected by the closure; and

d. The dates proposed for the closure:

i. If the closure is to the operation of motor vehicles, the actual time period of the closure (up to five years), and whetheror not the closure is seasonal; or

ii. If the closure is for hunting, fishing, or trapping, whether or not the request is for a permanent closure or for some other period of time.

7. Has a "Part 3" with the title "Reason for Closure" and contains all of the following information, if applicable:

a. Each reason why the closure should be considered under R12-4-110, A.R.S. § 17-304(B), or A.R.S. § 17-452 (A) ;

b. Any data or other justification supporting the reasons for the closure with clear reference to any exhibits that may be attached to the petition;

c. Each individual or segment of the public the petitioner believes will be impacted by the closure, including any other valid licensees, lessees, or permittees that will or may be affected, and how they will be impacted, including both positive and negative impacts;

d. If the petitioner is a public agency, a summary of issues raised in any public hearing or public meeting regarding the petition and a copy of each written comment or document of concurrence authorized under A.R.S. § 17-452(A), received by the petitioning agency; and

e. A proposed alternate access route, under R12-4-110 .

8. Has a "Part 4" with the title "Dates and Signatures" and contains the following:

a. The original signature of the private party or the official contact named under subsection (F)(5)(a) or (b) of this Section, or, if the petitioner is a public agency, the signature of the agency head or the agency head's designee; and

b. The month, day, and year when the petition was signed.

History

• Adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final rulemaking at 16 A.A.R. 1465, effective July 13, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Ariz. Admin. Code § R12-4-611 Petition for a Hearing Before the Commission When No Remedy is Provided in Statute, Rule, or Policy

A. A person may request a hearing before the Commission when an administrative remedy does not exist under statute, rule, or policy by submitting a petition as prescribed by this Section.

B. Any individual who requests a hearing under this Section shall submit a petition as prescribed in this Section before the request for a hearing will be considered by the Commission.

C. B. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. The petition form shall contain all of the following information:

1. Petitioner identification:

a. When the petitioner is a private person:

i. Name of person;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number; and

iv. Email, when available;

b. When the petitioner is a private group or organization:

i. Name of the person designated as the contact for the group or organization;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number;

iv. Email, when available; or

c. When the petitioner is a public agency:

i. Name of person,

ii. Name of agency,

iii. Petitioner's title,

iv. Agency's physical and mailing address, if different from the physical address,

v. Contact telephone number, and

vi. Email, when available;

2. Statement of Facts and Issues:

a. Description of issue to be resolved, and

b. Any facts relevant to resolving the issue;

3. Specific proposed remedy;

4. Petitioner's signature;

5. Date on which the petition was signed; and

6. Any other information required by the Department.

D. The petitioner shall ensure that the petition is typewritten, computer or word processor printed, or legibly handwritten, and double-spaced on 8 1/2" x 11" paper. The petitioner shall place the title "Petition for Hearing by the Arizona Game and Fish Commission" at the top of the first page. The petition shall include the items listed in subsections (E) through (H). The petitioner shall present the items in the petition in the order in which they are listed in this Section.

E. The petitioner shall ensure that the title of Part 1 is "Identification of Petitioner" and that Part 1 includes the following information, as applicable:

1. If the petitioner is a private person, the name, mailing address, telephone number, and e-mail address (if available) of the petitioner;

2. If the petitioner is a private group or organization, the name and address of the organization; the name, mailing address, telephone number, and e-mail address (if available) of one person who is designated as the official contact for the group or organization; the number of individuals or members represented by the private group or organization, and the number of these individuals or members who are Arizona residents. If the petitioner prefers, the petitioner may provide the names and addresses of all members; or

3. If the petitioner is a public agency, the name and address of the agency and the name, title, telephone number, and e-mail address (if available) of the agency's representative.

F. The petitioner shall ensure that the title of Part 2 is "Statement of Facts and Issues." Part 2 shall contain a description of the issue to be resolved, and a statement of the facts relevant to resolving the issue.

G. The petitioner shall ensure that the title of Part 3 is "Petitioner's Proposed Remedy." Part 3 shall contain a full and detailed explanation of the specific remedy the petitioner is seeking from the Commission.

H. The petitioner shall ensure that the title of Part 4 is "Date and Signatures." Part 4 shall contain:

1. The original signature of the private party or the official contact named in the petition, or, if the petitioner is a public agency, the signature of the agency head or the agency head's designee; and

2. The month, day, and year that the petition is signed.

I. C. If a petition does not comply with this Section, the Department shall:

1. Return the petition to the petitioner, and

2. Indicate in writing why the petition does not comply with this Section.

J. D. After the Department receives a petition that complies with this Section, the Department shall place the petition on the agenda of a regularly scheduled Commission meeting.

K. E. If the Commission votes to deny a petition, the Department shall not accept a subsequent petition on the same issue, unless the petitioner presents new evidence or reasons for considering the subsequent petition.

L. F. This Section does not apply to the following:

1. An action related to a license revocation, suspension, denial, or civil penalty;

2. An unsuccessful hunt permit-tag draw application that did not involve an error on the part of the Department; or

3. The reinstatement of a bonus point, except as authorized under R12-4-107(M).

History

• New Section made by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final rulemaking at 16 A.A.R. 1465, effective July 13, 2010 (Supp. 10-3). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.

Article 7 HERITAGE GRANTS

Ariz. Admin. Code § R12-4-701 Heritage Grant Definitions

In addition to the definitions provided under A.R.S. §§ 17-101 and 17-296, the following definitions apply to this Article: "Administrative subunit" means a branch, chapter, department, division, section, school, or other similar divisional entity of an eligible applicant. For example, an individual:

a. Administrative department, but not an entire city government;

b. Field office or project office, but not an entire agency; or

c. School, but not an entire school district.

"Eligible applicant" means any public agency, non-governmental organization, or nonprofit organization that meets the applicable requirements of this Article.

"Facilities" means any structure or site improvements.

"Fund" means the Arizona Game and Fish Commission Heritage Fund, established under A.R.S. § 17-297.

"Grant agreement" means a document that details the terms and conditions of a grant project.

"Grant effective date" means the date the Department Director signs the Grant Agreement.

"In-kind" means contributions other than cash, which include individual and material resources that the applicant makes available to the project, e.g. a public employee's salary, volunteer time, materials, supplies, space, or other donated goods and services.

"Participant" means an eligible applicant who has been awarded a grant from the Heritage Fund.

"Project" means an activity, or series of related activities, or services described in the specific project scope of work and results in specific end products.

"Project period" means the time during which a participant shall complete all approved work and related expenditures associated with an approved project.

"Public agency" means the federal government or any federal department or agency, an Indian tribe, this state, all state departments, agencies, boards, and commissions, counties, school districts, public charter schools, cities, towns, all municipal corporations, administrative subunits, and any other political subdivision.

"Publicly held lands" means federal, public, and reserved land, State Trust Land, and other lands within Arizona that are owned, controlled, or managed by the federal government, a state agency, or political subdivision.

"Term of public use" means the time period during which the project or facility is expected to be maintained for public use.

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Amended by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-702 General Provisions; Heritage Grant Fund Requirements

A. The Department, in its sole discretion, may make Heritage Fund Grants available for projects that:

1. Are located in Arizona or benefit Arizona wildlife or its habitat; and

Meet the criteria established in the Heritage Grant application materials.

B. An applicant shall submit to the Department a Heritage Fund Grant application according to a schedule of due dates determined by the Director. In compliance with A.R.S. § 41-2702, the The Department shall:

1. Provide public notice of the time, location, and due date for application submission; and

2. Furnish materials necessary to complete the application.

B. An eligible applicant, seeking Heritage Grant funding shall submit a Heritage Grant Application as established under this Article and in compliance with the Heritage Grant application materials.

C. An applicant seeking Heritage Grant funding shall submit to the Department a Heritage Fund Grant application according to a schedule of due dates determined by the Director. An applicant shall provide the following information on the Heritage Grant application form:

1. The name of the applicant;

2. Any county and legislative district where the project will be developed or upon which the project will have a direct impact;

3. The name, title, mailing address, e-mail address, and telephone number of the individual responsible for the day-today management of the proposed project;

4. Identification of the application criterion established in the Heritage Grant application materials;

5. A descriptive project title;

6. The name of the site, primary location, and any other locations of the project;

7. Description of the:

a. Scope of work and the objective of the proposed project,

b. Methods for achieving the objective, and

c. Desired result of the project;

8. The beginning and ending dates for the project;

9. The resources needed to accomplish the project, including grant monies requested, and, if applicable, evidence of secured matching funds or contributions; and

10. Any additional supporting information required by the Department.

Signature and date. The person signing the grant application form shall have the authority to enter into agreements, accept funding, and fulfill the terms of the Grant Agreement on behalf of the applicant.

D. A person applying for multiple projects shall submit a separate application for each project.

C. E.An applicant shall demonstrate ownership or control of the project. Ownership or control may be demonstrated through fee title, lease, easement, or agreement. For all other project types related to sites not controlled by an applicant, an applicant shall provide written permission from the property owner authorizing the project activities and access. The applicant's proof of ownership or control or written permission shall demonstrate:

Permission for access is not revocable at will by the property owner, and

2. Public access will be granted to the project site for the life of the project, unless the purpose of the project proposal is to limit access.

F. Heritage Grant proposals are competitive and the Department shall make awards based on a proposed project's compatibility with the priorities of the Department, as approved by the Commission.

G. The Department may require an applicant to modify the application prior to awarding a Heritage Grant, if the Department determines that the modification is necessary for the successful completion of the project.

H. When applicable, the Department shall not release Heritage Grant funds until after the Department has consulted with the State Historic Preservation Office regarding the proposed project's potential impact on historic and archaeological properties and resources.

D. I.The Department shall notify an applicant in writing of the results of the applicant's submission and announce Heritage Grant awards at a regularly scheduled open meeting of the Commission.

E. A participant shall not begin a project described in an application until after the grant effective date.

J. A participant shall:

1. Sign the Grant Agreement before the Department transfers any grant funds.

2. Deposit transferred Heritage Grant funds in a dedicated account carrying the name and number of the project. In the event the funds are deposited in an interest-bearing account, any interest earned shall be:

a. Used for the purpose of furthering the project, with prior approval from the Department; or

b. Remitted to the Department upon completion of the project.

F. 3. Complete the project as specified under the terms and conditions of the Grant Agreement.

4. Use awarded Heritage Grant funds solely for the project described in the application and as approved by the Department.

5. Bear full responsibility for performance of its subcontractors to ensure compliance with the Grant Agreement.

6. Pay all costs associated with the operation and maintenance of properties, facilities, equipment, services, publications, and other media funded by a Heritage Grant for the term of public use as specified in the Grant Agreement.

7. Submit records that substantiate the expenditure of Heritage Grant funds. In addition, each participant shall retain and shall contractually require each subcontractor to retain all books, accounts, reports, files, and any other records relating to the acquisition and performance of the contract for a period of five years from the end date of the project period. The Department may inspect and audit participant and subcontractor records as prescribed under A.R.S. § 35-214. Upon the Department's request, a participant or subcontractor shall produce a legible copy of these records.

Allow Department employees or agents to conduct inspections and reviews:

a. To ensure compliance with all terms and conditions established under the Grant Agreement.

b. Before release of the final payment.

9. Give public acknowledgment of Heritage Fund grant assistance for the term of public use of a project. If a project involves acquisition of property, development of public access, or renovation of a habitat site, the participant shall install a permanent sign describing the funding sources. The participant may include the cost of this signage as part of the original project. The participant is responsible for maintenance or replacement of the sign as required. For other project types, the participant shall include Heritage Fund grant funding acknowledgment on any publicly available or accessible products resulting from the project.

G. A participant shall deposit transferred Heritage Grant Funds in a dedicated non-interest bearing account carrying the name and number of the project.

H. A participant shall use awarded Heritage Grant Funds solely for eligible purposes of the funding program as defined by

K.A participant shall not:

1. Begin a project described in the application until after the grant effective date.

I. 2. A participant shall not use Use Heritage Grant funds for the purpose of producing income unless authorized by the Department. A participant shall use all income generated to further the purpose of the approved project or surrender the income to the original funding source.

3. Comingle Heritage Grant funds with any other funds.

4. Use Heritage Grant funds to pay the salary of any public agency employee. A participant may use a public agency's employee's time as in-kind match for the project specified in the Grant Agreement.

L. The parties may amend the terms of the Grant Agreement by mutual written consent. The Department shall prepare any approved amendment in writing, and both the Department and the Grantee shall sign the amendment.

M. The Department and the participant may amend the Grant Agreement during the project period. A participant seeking to amend the Grant Agreement shall submit a written request that includes justification to amend the Grant Agreement.

The Department shall prepare any approved amendment in writing and both the Department and the participant shall sign the amendment.

N. A participant shall submit project status reports, as required in the Grant Agreement. If a participant fails to submit a project status report, the Department may not release any remaining grant monies until the participant has submitted all past due project status reports. The project status report shall include the following information, as applicable:

Progress in completing approved work;

2. Itemized, cumulative project expenditures;

3. A financial accounting of:

a. Heritage Grant Funds,

b. Matching funds,

c. Donations, and

d. Income derived from project funds;

4. Any delays or problems that may prevent the on-time completion of the project; and

5. Any other information required by the Department.

O. At the end of the project period and for each year until the end of the term of public use, a participant shall:

1. Certify compliance with the Grant Agreement, and

2. Complete a post-completion report form furnished by the Department.

J. P. Upon completion of approved project elements, if a balance of awarded Heritage Grant funds remains, the participant may:

1. Use the unexpended funds for an additional project consistent with the original scope of work, when approved by the Department; or

2. Surrender the unexpended funds to the Department.

Q. Upon completion of the project a participant shall:

1. Surrender equipment with an acquisition cost of more than $500 to the Department upon completion, or

2. Use equipment purchased with Heritage Grant funds in a manner consistent with the purposes of the Grant Agreement.

K. A participant shall use equipment purchased with Heritage Grant funds in a manner consistent with the purposes of the Grant Agreement, and surrender the equipment to the Department upon completion of the project, if the equipment has an acquisition cost of more than $500.

L. A participant shall not use Heritage Grant funds to pay the salary of any permanent employee. A participant may use a permanent employee's time as in-kind match for the project specified in the Grant Agreement.

M. A participant shall allow Department employees or agents to conduct inspections and reviews:

1. To ensure compliance with all terms and conditions established under the Grant Agreement.

2. Before release of the final payment.

N. A participant shall submit records that substantiate the expenditure of Heritage Grant funds.

O. A participant shall bear full responsibility for performance by subcontractors to ensure compliance with the Grant Agreement.

P. A participant shall pay all costs associated with the operation and maintenance of properties, facilities, equipment, services, publications, and other media funded by a Heritage Grant for the term of public use as specified in the Grant Agreement.

Q. A participant shall give public acknowledgment of Heritage Fund grant assistance for the term of public use of a project. If a project involves acquisition of property, development of public access, or renovation of a habitat site, the participant shall install a permanent sign describing the funding sources. The participant may include the cost of this signage as part of the original project. The participant is responsible for maintenance or replacement of the sign as required. For other project types, the participant shall include Heritage Fund grant funding acknowledgment on any publicly available or accessible products resulting from the project.

R. A participant may request an extension beyond the approved project period by writing to the Department.

1. Requests for an extension shall be submitted by the participant no later than 30 days before the end of the project period.

2. If approved, an extension shall be signed by both the participant and the Department.

S. A participant that has a Heritage Grant funded project in extension shall not apply for, nor be considered for, further Heritage Grants until the administrative subunit's project under extension is completed.

T. In addition, the Department may administratively extend the project period for good cause such as, but not limited to, inclement weather, internal personnel changes, or to complete the final closure documents.

R. U. A participant that failed to comply with the terms and conditions of a Grant Agreement shall not apply for, nor be considered for, further Heritage Grants until the participant's project is brought into compliance.

S. An administrative subunit that has a Heritage Grant funded project in extension shall not apply for, nor be considered for, further Heritage Grants until the administrative subunit's project under extension is completed.

V. If a participant is not in compliance with the Grant Agreement, the Department may:

1. Terminate the Grant Agreement,

2. Seek recovery of grant monies awarded, and

3. Classify the participant as ineligible for Heritage Fund Grants for a period of up to five years.

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Amended by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-703 [REPEALED]

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-703 renumbered to R12-4-705; new Section R12-4-703 made by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-704 [REPEALED]

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-704 repealed; new Section R12-4-704 renumbered from R12-4-709 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-705 [REPEALED]

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-705 repealed; new Section R12-4-705 renumbered from R12-4-703 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-706 [REPEALED]

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-706 repealed; new Section R12-4-706 renumbered from R12-4-710 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-707 [REPEALED]

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-707 repealed; new Section R12-4-707 renumbered from R12-4-711 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-708 [REPEALED]

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-708 repealed; new Section R12-4-708 renumbered from R12-4-712 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Repealed by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.

Ariz. Admin. Code § R12-4-709 Renumbered

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-709 renumbered to R12-4-704 by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2).

Ariz. Admin. Code § R12-4-710 Renumbered

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-710 renumbered to R12-4-706 by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2).

Ariz. Admin. Code § R12-4-711 Renumbered

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-711 renumbered to R12-4-707 by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2).

Ariz. Admin. Code § R12-4-712 Renumbered

History

• Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). R12-4-712 renumbered to R12-4-708 by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2).

Article 8 WILDLIFE AREAS AND DEPARTMENT PROPERTY

Ariz. Admin. Code § R12-4-801 General Provisions

A. Wildlife Areas:

1. Wildlife areas shall be established to:

a. Provide protective measures for wildlife, habitat, or both;

b. Allow for hunting, fishing, and other recreational activities that are compatible with wildlife habitat conservation and education;

c. Allow for special management or research practices; and

d. Enhance wildlife and habitat conservation.

Wildlife areas shall be:

a. Lands owned, leased, or otherwise managed by the Commission;

b. Federally-owned lands of unique wildlife habitat where cooperative agreements provide wildlife management and research implementation; or

c. Any lands with property interest conveyed to the Commission by any entity, through an approved land use agreement, including but not limited to deeds, patents, leases, conservation easements, special use permits, licenses, management agreements, inter-agency agreements, letter agreements, and right-of-entry, where the property interest conveyed is sufficient for management of the lands consistent with the objectives of the wildlife area.

3. Land qualified for wildlife areas shall be:

a. Lands with unique topographic or vegetative characteristics that contribute to wildlife,

b. Lands where certain wildlife species are confined because of habitat demands,

c. Lands that can be physically managed and modified to attract wildlife, or

d. Lands that are identified as critical habitat for certain wildlife species during critical periods of their life cycles.

4. The Department may restrict public access to and public use of wildlife areas and the resources of wildlife areas for up to 90 days when necessary to protect property, ensure public safety, or to ensure maximum benefits to wildlife. Closures or restrictions exceeding 90 days shall require Commission approval.

5. Closures of all or any part of a wildlife area to public entry, and any restriction to public use of a wildlife area, shall be listed in this Article or shall be clearly posted at each entrance to the wildlife area. No person shall conduct an activity restricted by this Article or by such posting.

6. When a wildlife area is posted against travel except on existing roads, no person shall drive a motor-operated vehicle over the countryside except by road.

7. The Department may post signs that place additional restrictions on the use of wildlife areas. Such restrictions may include the timing, type, or duration of certain activities, including the prohibition of access or nature of use.

8. A person shall not access or use any wildlife area or facility in violation of any Department actions authorized under subsection (7) when signs are posted providing notice of the restrictions.

B. Commission-owned real property and -managed lands other than Wildlife Areas:

1. The Department may take action to manage public access and use of any Commission-owned real property or facilities. Such actions may include restrictions on the timing, type, or duration of certain activities, including the prohibition of access or nature of use.

2. A person shall not access or use any Commission-owned real property, facilities, or -managed lands in violation of any Department actions authorized under subsection (B)(1), if signs are posted providing notice of the restrictions.

History

• New Section adopted by exempt rulemaking at 6 A.A.R. 1731, effective May 1, 2000 (Supp. 00-2). Amended by exempt rulemaking at 17 A.A.R. 800, effective June 20, 2011 (Supp. 11-2). Amended by exempt rulemaking at 18 A.A.R. 1070, effective June 15, 2012 (Supp. 12-2). Amended by exempt rulemaking at 22 A.A.R. 951, effective 6/7/2016. Amended by final exempt rulemaking at 27 A.A.R. 242, effective 4/5/2021.

Ariz. Admin. Code § R12-4-802 Wildlife Area and Other Department Managed Property Restrictions

A. No person shall violate the following restrictions on Wildlife Areas:

1. Alamo Wildlife Area (located in Units 16A and 44A):

a. Wood collecting limited to dead and down material, for onsite noncommercial use only.

b. Overnight public camping in the wildlife area outside of Alamo State Park allowed for no more than 14 days within a 45-day period.

c. Motorized vehicle travel permitted on designated roads or areas only, except as permitted under R12-4-110(H) . This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. Posted portions closed to all public entry.

e. b. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

2. Allen Severson Wildlife Area (located in Unit 3B):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. a. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. b. Posted portions closed to discharge of all firearms from April 1 through July 25 annually.

f. c. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting from April 1 through July 25 annually.

3. Aravaipa Canyon Wildlife Area (located in Units 31 and 32):

a. Access through the Aravaipa Canyon Wildlife Area within the Aravaipa Canyon Wilderness Area is by permit only, available through the Safford Office of the Bureau of Land Management.

b. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of all firearms.

4. Arivaca Lake Wildlife Area (located in Unit 36B):

a. Open fires allowed in designated areas only.

b. Wood collecting limited to dead and down material, for onsite noncommercial use only.

c. Overnight public camping in the wildlife area allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

4. 5. Arlington Wildlife Area (located in Unit 39):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). No motorized travel is permitted within agriculture and crop production areas. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Target or clay bird shooting permitted in designated areas only.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except:

i. Posted portions around Department housing are closed to the discharge of all firearms; and

ii. Wildlife area is closed to the discharge of centerfire rifled firearms.

5. 6. Base and Meridian Wildlife Area (located in Units 39, 26M, and 47M):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel is not permitted on the wildlife area, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. No target or clay bird shooting.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of centerfire rifled firearms.

6. 7. Becker Lake Wildlife Area (located in Unit 1):

a. No open fires.

b. No firewood cutting or gathering.

b. c. No overnight public camping.

c. d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. e. The Becker Lake boat launch access road and parking areas along with any other posted portions of the wildlife area will be closed to all public entry from one hour after sunset to one hour before sunrise daily.

e. f. Posted portions closed to all public entry.

f. g. Posted portions closed to hunting.

g. h. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of rifled firearms.

7. 8. Bog Hole Wildlife Area (located in Unit 35B):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d.

a. Motorized vehicle travel is not permitted on the wildlife area. This subsection does not apply to Department authorized vehicles or law enforcement, fire response or other emergency vehicles.

e. b. Open to all hunting in season, by foot access only, as permitted under R12-4-304 and R12-4-318.

8. 9. Chevelon Canyon Ranches Wildlife Area (located in Unit 4A):

a. Open fires allowed in designated areas only.

b. Wood collecting limited to dead and down material, for onsite noncommercial use only.

c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. No target or clay bird shooting.

e. f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

9. 10. Chevelon Creek Wildlife Area (located in Unit 4B):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Posted portions closed to all public entry.

f. Additional posted portions closed to all public entry from October 1 through February 1 annually.

g. No target or clay bird shooting.

g. h. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting from October 1 through February 1 annually.

10. 11. Cibola Valley Conservation and Wildlife Area (located in unit 43A):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). No motorized travel is permitted within agriculture and crop production areas. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Posted portions closed to all public entry.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

11. 12. Clarence May and C.H.M. May Memorial Wildlife Area (located in Unit 29):

a. Closed to the discharge of all firearms, except as authorized under subsection (A)(11)(b).

b. Closed to hunting, except for predator hunts authorized by Commission Order.

12. 13. Cluff Ranch Wildlife Area (located in Unit 31):

a. Open fires allowed in designated areas only.

b. Wood collecting limited to dead and down material, for onsite noncommercial use only.

c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Posted portions around Department housing and Pond Three are closed to discharge of all firearms.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of centerfire rifled firearms.

14. Coal Mine Spring Wildlife Area (located in Unit 34A):

a. Overnight public camping allowed for no more than 14 days within a 30-day period.

b. Motorized vehicle travel is not permitted on the wildlife area, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response or other emergency vehicles.

b. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

13. 15. Colorado River Nature Center Wildlife Area (located in Unit 15D):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only. This subsection does not apply to Department authorized vehicles, law enforcement, fire response, or other emergency vehicles.

e. Closed to the discharge of firearms.

e. f. Closed to hunting.

14. 16. Fool Hollow Lake Wildlife Area (located in Unit 3C):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads, trails, or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. The parking area adjacent to Sixteenth Avenue and other posted portions of the wildlife area will be closed to all public entry daily from one hour after sunset to one hour before sunrise, except for anglers possessing a valid fishing license accessing Fool Hollow Lake/Show Low Creek.

f. Closed to the discharge of firearms.

f. g. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of firearms.

15. 17. House Rock Wildlife Area (located in Unit 12A):

a. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles, law enforcement, fire response, or other emergency vehicles.

b. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

c. Members of the public shall remain in an enclosed vehicle at all times when within one-quarter mile of the House Rock bison herd, except when taking bison or accompanied by Department personnel.

16. 18. Jacques Marsh Wildlife Area (located in Unit 3B):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d.

a. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. b. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of rimfire and centerfire rifled firearms.

17. 19. Lamar Haines Wildlife Area (located in Unit 7):

a. No open fires.

a. b. Wood cutting by permit only and collecting limited to dead and down material, for noncommercial use only. Members of the public shall obtain a wood cutting permit from the Flagstaff Game and Fish Department regional office.

b. c. Overnight public camping allowed for no more than 14 days within a 30-day period.

c. d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

18. 20. Lower San Pedro River Wildlife Area (located in Units 32 and 37B):

a. Open fires allowed in designated areas only. The following acts are prohibited:

i. Building, attending, maintaining, or using a fire without removing all flammable material from around the fire to adequately prevent the fire from spreading from the fire pit.

ii. Carelessly or negligently throwing or placing any ignited substance or other substance that may cause a fire.

iii. Building, attending, maintaining, or using a fire in any area that is closed to fires.

iv. Leaving a fire without completely extinguishing it.

b. Wood collecting limited to dead and down material, for onsite noncommercial use only.

c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel permitted on designated roads, trails, or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Posted portions closed to all public entry.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting.

g. Parking allowed within 300 feet of designated open roads and in designated areas only.

h. Discharge of a firearm or pre-charged pneumatic weapon prohibited within 1/4 mile of buildings.

i. A person shall not use a metal detector or similar device except as authorized by the Department. This subsection does not apply to law enforcement officers in the scope of their official duties, or to persons duly licensed, permitted, or otherwise authorized to investigate historical or cultural artifacts by a government agency with regulatory authority over cultural or historic artifacts.

19. 21. Luna Lake Wildlife Area (located in Unit 1):

a. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

b. Posted portions closed to all public entry from February 15 through July 31 annually.

c. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except when closed to hunting from April 1 through July 31 annually.

22. Manhattan Claims Wildlife Area (located in Unit 29):

a. Wood collecting limited to dead and down material, for onsite noncommercial use only.

b. Overnight public camping allowed for no more than 14 days within a 30-day period.

c. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

20. 23. Mittry Lake Wildlife Area (located in Unit 43B):

a. Open fires allowed in designated areas only.

b. Wood collecting limited to dead and down material, for onsite noncommercial use only.

b. c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

c. d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. e. Posted portions closed to all public entry.

f. Mittry Lake is a "No Ski" waterway as defined under R12-4-501.

e. g. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

21. 24. Planet Ranch Conservation and Wildlife Area (located in Units 16A and 44A):

a. No open fires.

b. No firewood cutting or gathering.

c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel

i. permitted on designated roads, trails, or areas only, except for big game retrieval as permitted under R12-4-110(H)

ii. outside the posted Lower Colorado River Multi-Species Conservation Program habitat area.

iii. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Posted portions closed to public entry.

e. f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting.

22. 25. Powers Butte (Mumme Farm) Wildlife Area (located in Unit 39):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). No motorized travel is permitted within agriculture and crop production areas. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. If conducted during an event approved under R12-4-125, target or clay bird shooting is permitted in designated areas only.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except:

i. Posted portions around Department housing are closed to the discharge of all firearms; and

ii. Wildlife area is closed to the discharge of centerfire rifled firearms.

23. 26. Quigley-Achee Wildlife Area (located in Unit 41):

a. No open fires.

b. No overnight public camping.

c. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). No motorized travel is permitted within agriculture and crop production areas. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. Posted portions closed to all public entry.

e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting.

24. 27. Raymond Wildlife Area (located in Unit 5B):

a. Open fires allowed in designated areas only.

a. b. Overnight public camping permitted in designated sites only, for no more than 14 days within a 30-day period.

b. c. Motorized vehicle travel permitted on designated roads, trails, or areas only, except for big game retrieval as permitted under R12-4-110(H). All-terrain and utility type vehicles are prohibited. For the purpose of this subsection, all-terrain and utility type vehicle means a motor vehicle having three or more wheels fitted with large tires and is designed chiefly for recreational use over roadless, rugged terrain. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

c. d. Posted portions closed to all public entry from May 1 through July 29 annually.

d. e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting periodically during hunting seasons.

e. f. Members of the public shall remain in an enclosed vehicle at all times when within one-quarter mile of the Raymond bison herd, except when taking bison or accompanied by Department personnel.

f. Prior to entering Raymond Wildlife Area, members of the public shall sign in at a posted sign-in kiosk and by doing so acknowledge they have read and shall comply with the posted Raymond Wildlife Areas restrictions.

25. 28. Robbins Butte Wildlife Area (located in Unit 39):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Parking in designated areas only.

f. If conducted during an event approved under R12-4-125, target or clay bird shooting is permitted in designated areas only.

g. Open to all hunting in season as permitted under R12-4-304 and R12-4-318 except the wildlife area is closed to the discharge of centerfire rifled firearms.

26. 29. Roosevelt Lake Wildlife Area (located in Units 22, 23, and 24B):

a. Posted portions closed to all public entry from November 15 through February 15 annually.

b. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). No motorized travel is permitted within agriculture and crop production areas. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

c. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting from November 15 through February 15 annually.

27. 30. Santa Rita Wildlife Area (located in Unit 34A):

a. Motorized vehicle travel permitted on designated roads or areas only, except as permitted under R12-4-110(H) . Portions of the wildlife area may be posted as closed to motorized vehicle travel for periodical research purposes. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

b. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

28. 31. Sipe White Mountain Wildlife Area (located in Unit 1):

a. Open fires allowed in designated areas only.

b. No firewood cutting or gathering.

c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions around Department housing is closed to the discharge of all firearms.

29. 32. Springerville Marsh Wildlife Area (located in Unit 2B):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Closed to the discharge of all firearms.

f. Open to all hunting as permitted under R12-4-304 and R12-4-318, except the wildlife area is closed to the discharge of all firearms.

30. 33. Sunflower Flat Wildlife Area (located in Unit 8):

a. Overnight public camping allowed for no more than 14 days within a 30-day period.

b. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

c. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

31. 34. Three Bar Wildlife Area (located in Unit 22):

a. Motorized vehicle travel:

i. Is permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H).

ii. Is prohibited within the Three Bar Wildlife and Habitat Study Area.

iii. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

b. Open to all hunting in season, as permitted under R12-4-304 and R12-4-318.

32. 35. Tucson Mountain Wildlife Area (located in Unit 38M):

a. Motorized vehicle travel permitted on designated roads and trails as part of the road system managed and regulated by the City of Tucson and Pima County. This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

b. a. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except:

i. Portions posted closed to hunting,

ii. Portions closed to hunting as identified on the online check-in system wildlife area map, and

ii. iii. Firearms and pre-charged pneumatic weapons are prohibited for the take of wildlife.

c. b. Archery hunters must check-in online with the Arizona Game and Fish Department prior to going afield.

33. 36. Upper Verde River Wildlife Area (located in Unit 8 and 19A):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping allowed.

d. Motorized vehicle travel is not permitted, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire department, or other emergency vehicles.

e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

f. All dogs must remain on leash except for hunting dogs during a legal open season.

34. 37. Wenima Wildlife Area (located in Unit 2B):

a. No open fires.

b. No firewood cutting or gathering.

c. No overnight public camping.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. No target or clay bird shooting.

e. f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

35. 38. White Mountain Grasslands Wildlife Area (located in Unit 1):

a. No open fires.

b. No firewood cutting or gathering.

b. c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

c. d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. e. Posted portions closed to all public entry.

f. If conducted during an event approved under R12-4-125, target or clay bird shooting is permitted in designated areas only.

e. g. Open to all hunting in season as permitted under R12-4-304 and R12-4-318.

36. 39. Whitewater Draw Wildlife Area (located in Unit 30B):

a. No open fires except as authorized by the Department.

b. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

c. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

d. Posted portions closed to all public entry from October 15 through March 15 annually.

e. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except :

i. The wildlife area is closed to the discharge of centerfire rifled firearms, and

ii. Posted portions closed to hunting from October 15 through March 15 annually.

37. 40. Willcox Playa Wildlife Area (located in Unit 30A):

a. Open fires allowed in designated areas only.

b. Wood collecting limited to dead and down material, for onsite noncommercial use only.

c. Overnight public camping allowed in designated areas only, for no more than 14 days within a 30-day period.

d. Motorized vehicle travel permitted on designated roads or areas only, except for big game retrieval as permitted under R12-4-110(H). This subsection does not apply to Department authorized vehicles or law enforcement, fire response, or other emergency vehicles.

e. Posted portions closed to all public entry from October 15 through March 15 annually.

f. Open to all hunting in season as permitted under R12-4-304 and R12-4-318, except posted portions closed to hunting from October 15 through March 15 annually.

B. Notwithstanding Commission Order 40, public access and use of the Hirsch Conservation Education Area and Biscuit Tank is limited to activities conducted and offered by the Department and in accordance with the Department's special management objectives for the property, which include, but are not limited to, flexible harvest, season, and methods that:

Allow for a variety of fishing techniques, fish harvest, fish consumption, and catch and release educational experiences;

2. Maintain a healthy, productive, and balanced fish community and

Provide public education activities and training courses that are compatible with the management of aquatic wildlife.

History

• New Section adopted by exempt rulemaking at 6 A.A.R. 1731, effective May 1, 2000 (Supp. 00-2). Amended by exempt rulemaking at 8 A.A.R. 2107, effective May 1, 2002 (Supp. 02-2). Amended by exempt rulemaking at 9 A.A.R. 3141, effective August 23, 2003 (Supp. 03-2). Amended by exempt rulemaking at 10 A.A.R. 1976, effective May 14, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 1927, effective May 20, 2005 (Supp. 05-2). Amended by exempt rulemaking at 12 A.A.R. 1698, effective May 19, 2006 (Supp. 06-2). Amended by exempt rulemaking at 13 A.A.R. 1741, effective May 18, 2007 (Supp. 07-2). Amended by exempt rulemaking at 14 A.A.R. 1841, effective April 22, 2008 (Supp. 08-2). Amended by exempt rulemaking at 16 A.A.R. 397, effective March 5, 2010 (Supp. 10-1). Amended by exempt rulemaking at 17 A.A.R. 800, effective June 20, 2011 (Supp. 11-2). Amended by exempt rulemaking at 18 A.A.R. 1070, effective June 15, 2012 (Supp. 12-2). Amended by exempt rulemaking at 19 A.A.R. 931, effective June 17, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 841, effective 6/17/2014. Amended by exempt rulemaking at 22 A.A.R. 951, effective 6/7/2016. Amended by exempt rulemaking at 22 A.A.R. 2209, effective 10/4/2016. Amended by final exempt rulemaking at 27 A.A.R. 242, effective 4/5/2021.

Ariz. Admin. Code § R12-4-803 Wildlife Area and Other Department Managed Property Boundary Descriptions

A. For the purposes of this Section:

"B.C." means brass cap.

"B.C.F." means brass cap flush.

"G & SRB & M" means Gila and Salt River Base and Meridian.

"M& B" means metes and bounds.

"R" means Range line.

"T" means Township line.

B. Wildlife Areas are described as follows:

1. Alamo Wildlife Area: The Alamo Wildlife Area shall be those areas described as follows: T10N, R13W; Section 3 N1/2, SW1/4, SE1/4 Mohave County only; Section 4, E1/2SW1/4, SE1/4; Section 9, NE1/4, E1/2NW1/ 4; Section 10, NW1/4NW1/4, NE1/4NW1/4 within designated Wilderness Area. T11N, R11W; Section 7, S1/2SW1/4; Section 18, N1/2 NW1/4; T11N, R12W; Section 4, Lots 2, 3 and 4, SW1/4NE1/4, S1/2NW1/4, SW1/4, W1/2SE1/4; Section 5, Lot 1, SE1/4NE1/4, E1/2SE1/4; Section 7, S1/2, SE1/4 NE1/4; Section 8, NE1/4, S1/2NW1/4, S1/2; Section 9; Section 10, S1/2NW1/ 4, S1/2; Section 11, S1/2S1/2; Section 12, S1/2S1/2; Section 13, N1/2, N1/2SW1/4, NW1/4SE1/4; Section 14, N1/2, E1/2SE1/4; Section 15, N1/2, SW1/4SW1/4, SW1/4SE1/4; Section 16, 17, 18 and 19; Section 20, N1/2, N1/2SW1/4; Section 21, NW1/4; Section 29, SW1/4, SW1/4SE1/4; Section 30; Section 31, N1/2, N1/2S1/2; Section 32, NW1/4, N1/2SW1/4; T11N, R13W; Section 12, SE1/4SW1/4, SW1/4SE1/4, E1/2SE1/4; Section 13; Section 14, S1/2NE1/4, SE1/4SW1/4, SE1/4; Section 22, S1/ 2SW1/4, SE1/4; Section 23, E1/2, E1/2NW1/4, SW1/4NW1/4, SW1/4; Section 24, 25 and 26; Section 27, E1/2, E1/2W1/2; Section 34, E1/2, E1/2NW1/4, SW1/4; Section 35 W1/2, W1/2NE1/4; T12N, R12W; Section 19, E1/2, SE1/4SW1/4; Section 20, NW1/4NW1/4, SW1/4SW1/4; Section 28, W1/2SW1/4; Section 29, W1/2NW1/4, S1/2, SE1/4NW1/4; Section 30, E1/2, E1/ 2NW1/4, NE1/4SW1/4; Section 31, NE1/4NE1/4; Section 32, N1/2, N1/2SE1/4, SE1/4SE1/4; Section 33, W1/2E1/2, W1/2; all in G & SRB & M, Mohave and La Paz Counties, Arizona.

2. Allen Severson Memorial Wildlife Area: The Allen Severson Memorial Wildlife Area shall be that area including Pintail Lake and South Marsh lying within the fenced and posted portions of: T11N, R22E; Section 32, SE1/4; Section 33, S1/2SW1/4; T10N, R22E; Section 4, N1/2NW1/4; T10N, R22E; Section 4: the posted portion of the NW1/4SW1/4; all in G & SRB & M, Navajo County, Arizona, consisting of approximately 300 acres.

3. Aravaipa Canyon Wildlife Area: The Aravaipa Canyon Wildlife Area shall be that area within the flood plain of Aravaipa Creek and the first 50 vertical feet above the streambed within the boundaries of the Aravaipa Canyon Wilderness Area administered by the Bureau of Land Management (BLM), Graham and Pinal Counties, Arizona.

4. Arivaca Lake Wildlife Area: The Arivaca Lake Wildlife Area shall be those areas described as: A parcel or land located in Sections 6, 7 and 8 all of which being situated in T22S, R11E of the G & SRB & M, Pima County, Arizona described as follows: Commencing at the N1/4 corner of said Section 7 run thence S 43°42'30" E (assumed bearing) a distance of 742.14 feet to point 1, the point of Beginning: thence N 81°26'32" E a distance of 705.76 feet to point 2; thence N 09°54'25" E a distance of 305.96 feet to point 3; thence N 21°43'49" E a distance of 872.20 feet to point 4; thence S 84°14'14" E a distance of 471.36 feet to point 5; thence N 28°12'16" E a distance of 357.98 feet to point 6: thence N 85°30'7" E a distance of 110.05 feet to point 7; thence S 02°03'27" W a distance of 417.50 feet to point 8; thence N 88°20'00" E a distance of 141.99 feet to point 9; thence S 27°29'57" W a distance of 341.84 feet to point 10; thence N 60°20'59" W a distance of 297.87 feet to point 11; thence S 38°10'38" W a distance of 363.79 feet to point 12; thence S 03°36'24" E a distance of 222.07 feet to Point 13; thence S 59°52'05" E a distance of 133.71 feet to point 14 from which the northeast corner of said Section 7 bears N 76°07'51" E a distance of 689.94 feet, said northeast corner also being the common Section corner of Sections 5, 6, 7 and 8 of said Township and Range; thence S 59°18'56" W a distance of 225.86 feet to point 15; thence S 14°38'09" W a distance of 184.94 feet to point 16; thence N 73°08'58" E a distance of 282.60 feet to point 17; thence S 33°21'50" W a distance of 275.24 feet to point 18; thence S 16°37'03" E a distance of 294.45 feet to point 19; thence S 60°13'45" E a distance of 187.22 feet to point 20; thence N 09°21'57" E a distance of 502.65 feet to point 21; thence S 57°19'17" E a distance of 175.82 feet to point 22; thence S 06°20'39" W a distance of 405.88 feet to point 23: thence S 73°13'57" E a distance of 307.36 feet to point 24; thence N 72°27'59" E a distance of 108.77 feet to point 25; thence N 13°07'02" E a distance of 316.07 foot to point 26; thence N 15°41'38" E a distance of 292.54 feet to point 27; thence S 16°25'12" E a distance of 338.44 feet to point 28; thence N 60°53'52" E a distance of 349.03 feet to point 29; thence N 68°30'49" E a distance of 286.09 feet to point 30; thence S 09°14'22" W a distance of 396.67 feet to point 31; thence S 42°27'47" W a distance of 265.50 feet to point 32; thence N 86°09'01" W a distance of 253.50 feet to point 33; thence S 34°29'33" W a distance of 500.53 feet to point 34; thence S 59°56'05" W a distance of 120.42 feet to point 35; thence N 71°17'44" W a distance of 228.54 feet to point 36; thence S 69°42'17" W a distance of 120.88 feet to point 37; thence S 12°12'05" E a distance of 146.20 feet to point 38; thence S 83°22'20" E a distance of 339.63 feet to point 39; thence N 34°26'45" E a distance of 345.01 feet to point 40; thence N 88°14'41" E a distance of 272.60 feet to point 41; thence S 54°11'52" E a distance of 246.09 feet to point 42; thence S 76°42'33" W a distance of 304.58 feet to point 43; thence S 25°02'30" W a distance of 515.24 feet to point 44; thence N 54°58'47" W a distance of 330.22 feet to point 45; thence S 59°01'38" W a distance of 443.06 feet to point 46; thence S 28° 40' 19" E a distance of 381.98 feet to point 47; thence S 42°18'41" E a distance of 436.71 feet to point 48 from which the E1/4 corner of said Section 7 and common to the W1/4 corner of said Section 8 bears N 04°23'16" E a distance of 126.73 feet; thence N 87°40'07" E a distance of 385.96 feet to point 49; thence S 46°57'39" E a distance of 243.05 feet to point 50; thence S 13°06'06" W a distance of 183.34 feet to point 51; thence N 55°28'27" W a distance of 228.94 feet to point 52; thence S 55°08'41" W a distance of 330.40 feet to point 53; thence S 48°10'36" E a distance of 218.70 feet to point 54; thence S 06°38'09" E a distance of 140.86 feet to point 55; thence S 28° 04'14" E a distance of 892.21 feet to point 56; thence S 12°20'35" W a distance of 181.98 feet to point 58; thence S 63°52'33" E a distance of 230.70 feet to point 59; thence S 72°30'09" E a distance of 335.12 feet to point 60; thence S 41°39'07" W a distance of 498.00 feet to point 61; thence N 86°49'30" W a distance of 330.81 feet to point 62; thence N 34°09'15" W a distance of 1380.92 foot to point 63; thence S 86°14'38" W a distance of 310.49 feet to point 64; thence N 04°22'03" W a distance of 206.30 feet to point 65; thence N 70°41'46" E a distance of 226.45 feet to point 66; thence N 10°01'58" E a distance of 468.22 feet to point 67; thence N 67°59'02" W a distance of 220.56 feet to point 68; thence N 36°50'14" W a distance of 360.36 feet to point 69; thence N 04°31'00" E a distance of 187.56 feet to point 69A; thence N 53°13'11" W a distance of 85.56 feet to point 69B; thence S 31°01'48" W a distance of 322.05 feet to point 70; thence S 16°55'20" W a distance of 1033.42 feet to point 71; thence S 32°45'38" E a distance of 209.12 feet to point 72; thence S 64°28'24" W a distance of 319.54 feet to point 73; thence S 24°35'49" W a distance of 264.49 feet to point 74; thence S 42°38'39" W a distance of 428.36 feet to point 75; thence N 88°49'40" W a distance of 549.92 feet to point 76 from which the S1/4 corner of said Section 7 bears S 28°36'15" W a distance of 730.77 feet; thence N 27°38'55" W a distance of 456.55 feet to point 76A; thence N 21°18'02" E a distance of 2170.03 feet to point 78; thence N 00°01'17" E a distance of 958.28 feet to point 79; thence S 89°36'36" W a distance of 624.49 feet to point 80; thence N 00°05'06" E a distance of 553.06 feet to point 81 from which the N1/4 corner of said Section 7 bears N 14°02'18" W a distance of 734.38 feet; thence N 62°15'48" E a distance of 378.12 feet to the point of beginning; consisting of approximately 195.04 acres.

4. 5. Arlington Wildlife Area: The Arlington Wildlife Area shall be those areas described as follows: T1S, R5W, Section 33, E1/2SE1/4; T2S, R5W, Section 3, W1/2W1/2, Section 4, E1/2, and Parcel 401-58-001A as described by the Maricopa County Assessor's Office; a parcel of land lying within Section 4, T2S, R5W, more particularly described as follows: commencing at the southwest corner of said Section 4, 2-inch aluminum cap (A.C.) in pothole stamped "RLS 36562", from which the northwest corner of said Section, a 1 1/2-inch B.C. stamped "T1S R5W S32 S33 S5 S4 1968", bears N 00°09'36" E (basis of bearing) a distance of 4130.10 feet, said southwest corner being the point of beginning; thence along the west line of said Section, N 00°09'36" E a distance of 16.65 feet; thence leaving said west line, S 89°48'28" E a distance of 986.79 feet; thence N 00°47'35" E a distance of 2002.16 feet; thence N 01°07'35" E a distance of 2102.65 feet to the north line of said Section; thence along said north line S 89°18'45" E a distance of 1603.61 feet to the N1/4 corner of said Section, a 1/2-inch metal rod; thence leaving said north line, along the north-south midsection line of said Section, S 00°08'44" E a distance of 4608.75 feet to the S1/4 corner of said Section, a 3-inch B.C.F. stamped "T2S R5W 1/4S4 S9 RLS 46118 2008"; thence leaving said north-south midsection line, along the south line of said Section, N 79°10'54" W a distance of 2719.41 feet to the point of beginning. Subject to existing rights-of-way and easements. This parcel description is based on the Record of Survey for Alma Richardson Property, recorded in Book 996, page 25, Maricopa County Records and other client provided information. This parcel description is located within an area surveyed by Wood, Patel & Associates, Inc. during the month of April, 2008 and October, 2009 and any monumentation noted in this parcel description is within acceptable tolerance (as defined in Arizona Boundary Survey Minimum Standards dated 02/14/2002) of said positions based on said survey; all in G & SRB & M, Maricopa County, Arizona. Section 9; NW1/4 and SW1/4; Section 3; LOT 4 SW1/4NW1/4, W1/2SW1/4 NE1/4SE1/4; Section 3; M&B in LOT 1 SE1/4NE1/4E1/2SE1/4; Section 9; M&B in NE1/4NE1/4; Section 10; SW1/4NW1/4; Section 15; those portions of S1/2W1/4 and N1/2SW1/4 lying west of the primary through road; Section 16; W1/2 M&B in E1/2E1/2 W1/2E1/2; Section 21; NE1/ 4NW1/4 and Parcel 401-61-008D as described by the Maricopa County Assessor's Office, more particularly described as follows: commencing at the BLM B.C. marking the northeast corner of said Section 21, from which the BLM B.C. marking the northwest corner of said Section 21 bears N 82°26'05" W a distance of 5423.64 feet; thence N 82°26'05" W along the north line of Section 21 a distance of 2711.82 feet to the NW1/4 corner of said Section 21; thence S 00°33'45" W along the north-southerly midsection line of said Section 21 a distance of 33.25 feet to the True Point of Beginning; thence continuing S 00° 33'45" W along said north-south midsection line a distance of 958.00 feet to a point on a line which is parallel with and 983.85 feet southerly, as measured at right angles from the north line of said Section 21; thence N 82°26'05" W along said parallel line a distance of 925.54 feet; thence N 26°12'18" W a distance of 153.32 feet; thence N 13°26'18" W a distance of 303.93 feet; thence N 34°15'49" W a distance of 189.27 feet; thence N 21°32'45" W a distance of 215.60 feet; thence N 89°25'47" W a distance of 95.37 feet to a point on the west line of the NE1/4N1/4 of said Section 21; thence N 00°34'13" E, along said west line a distance of 223.54 feet to a point on a line which is parallel with and 33.00 feet southerly, as measured at right angles from the north line of said Section 21; thence S 82°26'05" E along said parallel line, a distance of 1355.91 feet to the True Point of Beginning; all in G & SRB & M, Maricopa County, Arizona.

5. 6. Base and Meridian Wildlife Area: The Base and Meridian Wildlife Area shall be those areas described as follows: T1N, R1E, Section 31; Maricopa County APN 101-44-023, also known as Lots 3, 5, 6, 7, 8 and NE1/4SW1/4, and Maricopa County APN 101-44-003J, also known as the S1/2S1/2SW1/4NW1/4 except the west 55 feet thereof; and 101-44-003K, also known as the S1/2S1/2SW1/4NW1/4 except the west 887.26 feet thereof; and Maricopa County APN 104-44-002S, also known as that portion of the N1/2SE1/4, described as follows: commencing at the aluminum cap set at the E1/4 corner of said Section 31, from which the 3" iron pipe set at the southeast corner of said Section 31, S 00°20'56" W a distance of 2768.49 feet; thence S 00°20' 56" W along the east line of said SE1/4 of Section 31 a distance of 1384.25 feet to the southeast corner of said N1/2SE1/ 4; thence S 89"25'13" W along the south line of said N1/2SE1/4 a distance of 2644.35 feet to the southwest corner of said N1/ 2SE1/4 and the point of beginning; thence N 00°03'37" W along the west line of said SE1/4 a distance of 746.86 feet to the south line of the north 607.00 feet of said N1/2SE1/4; thence N 88°46' 12" E along said south line of the north 607.00 feet of the N1/ 2SE1/4 a distance of 656.09 feet; thence S 00°03'37" E parallel with said west line of the SE1/4 a distance of 754.31 feet to said south line of the N1/2SE1/4; Thence S 89"25' 13" W along said south line of the N1/2SE1/4 a distance of 655.98 feet to the point of beginning. T1N, R1W, Section 34, N1/2SE1/4; Section 35, S1/2; Section 36. The Maricopa County APN 500-69-099; the W1/2SE1/4NE1/4. APN 500-69-099, 500-69-100, also known as that portion of the SE1/4SE1/4NE1/4. 500-69-010C, also known as that portion of the W1/2SE1/4NE1/4, except any portion of said W1/2SE1/4NE1/4 of Section 36 lying within the following described four parcels: Exception 1: commencing at the northeast corner of said W1/2SE1/4NE1/4 of Section 36; thence along the east line thereof S 00°10' E a distance of 846.16 feet to the point of beginning; thence continuing S 00°18' E a distance of 141.17 feet; thence S 87°51'15'' W a distance of 570.53 feet; thence S 00°29' E a distance of 310.00 feet to the south line of said W1/2SE1/4NE1/4 of Section 36; thence N 89°29' W along the west line of said W1/2SE1/4NE1/4 of Section 36 a distance of 425.93 feet; said point bears S 00°29' E a distance of 895.93 feet from the northwest corner of said W1/2SE1/4NE1/4 of Section 36; thence N 85°54C33'' E a distance of 647.01 feet to the point of beginning. Exception 2: commencing at the northeast corner of said W1/2SE1/4NE1/4 of Section 36; thence along the east line thereof S 00°18' E a distance of 846.16 feet to the point of beginning; said point being on the northerly line of the Flood Control District of Maricopa County parcel as shown in Document 84-26119, Maricopa County Records; thence S 85°54'33'' W a distance of 647.01 feet to the west line of said W1/2SE1/ 4NE1/4 of Section 36; thence N 00°29' W along said west line a distance of 30 feet; thence N 84°23'15'' E a distance of 228.19 feet; thence N 87°17'06'' E a distance of 418.85 feet to the east line of the W1/2SE1/4NE1/4 of Section 36; thence S 00°18' E along said east line a distance of 26.00 feet to the point of beginning. Exception 3: the South 37.6 feet of said W1/2SE1/4NE1/4 of Section 36. Except all oil, gas and other hydrocarbon substances, helium or other substance of gaseous nature, coal, metals, minerals, fossils, fertilizer of every name and description and except all materials which may be essential to the production of fissionable material as reserved in Arizona Revised Statutes. Exception 4: that part of the W1/2SE1/4NE1/4 of Section 36, T1N, R1W lying north of the following described line: commencing at the northeast corner of said W1/2SE1/4NE1/4 of Section 36; thence along the east line thereof S 00°18'00'' E a distance of 820.16 feet, to the point of beginning; said point being on the northerly line of the Flood District of Maricopa County parcel as shown in Document 85-357813, Maricopa County Records; thence S 87°17'06'' W a distance of 418.85 feet; thence S 84°23'15'' W a distance of 228.19 feet to the west line of said W1/ 2SE1/4NE1/4 of Section 36 and the point of terminus. The above described parcel contains 162,550 sq. ft. or 3.7316 acres 500-69-001L and 500-69-001M, also known as the N1/2SE1/4, except the south 892.62 feet thereof. 500-69-001N, 500-69-001P, 500-69-001Q, 500-69-001R, 500-69-001T, 500-69-001X, 500-69-001Y, also known as that portion of the south 892.62 feet of the N1/2SE1/4. The SE1/4SE1/4NE1/4 of Section 36, T1N, R1W, except the south 37.6 feet of said SE1/4SE1/4NE1/4, and except the east 55 feet of said SE1/4SE1/4NE1/4, and except that part of said SE1/4SE1/4NE1/4 lying north of the most southerly line of the parcel described in Record 84-026119, Maricopa County Records, said southerly line being described as follows: beginning at the NE1/4S1/2NE1/4SE1/4NE1/4 of said Section 36; thence S 00°07' E along the east line of Section 36, a distance of 50.70 feet; thence S 89°53' W a distance of 55.00 feet to a point on the west line of the east 55.00 feet of said Section 36; thence S 00°07' E along said line, a distance of 510.00 feet; thence S 81°4'43" W a distance of 597.37 feet to a terminus point on the west line of said SE1/4SE1/4NE1/4 of Section 36, and except that part of said SE1/4SE1/4NE1/4 described as follows: commencing at the E1/4 corner of said Section 36; thence N 89°37'23" W along the south line of said SE1/4SE1/4NE1/4 of Section 36, a distance of 241.25 feet; thence N 18°53'04" E a distance of 39.65 feet to the point of beginning; thence continuing N 18°53'04" E a distance of 408.90 feet; thence S 81°04'43" W a distance of 222.55 feet; thence S 18°53'04" W a distance of 370.98 feet; thence S 89°37'23" E a distance of 207.58 feet to the point of beginning. That portion of land lying within the SE1/ 4SE1/4NE1/4 of Section 36, T1N, R1W, and the S1/2SW1/4NW1/4 of Section 31, T1N, R1E, as described in Document Number 99-1109246. Except the west 22 feet of the property described in Recorder Number 97-0425420, also known as APN 101-44-003G; and except the west 22 feet of the property described in Recorder Number 97-566498, also known as APN 101-44-013; all in G & SRB & M, Maricopa County, Arizona.

6. 7. Becker Lake Wildlife Area: The Becker Lake Wildlife Area shall be that area including Becker Lake lying within the fenced and posted portions of:

T9N, R29E, Section 19, SE1/4SE1/4 also known as APN. 105-07-001; Section 20, SW1/4SW1/4; beginning at a point 1012 feet north of the southwest corner of the SE1/4SW1/4 of Section 20, T9N, R29E; thence north 1285 feet; thence east a distance of 462 feet; thence south a distance of 2122 feet, more or less to the center of U.S. Highway 60; thence in a northwesterly direction along the center of U.S. Highway 60 a distance of 944 feet, more or less; thence west a distance of 30 feet, more or less to the point of beginning, also known as APN 105-08-002); Section 29, W1/2NW1/4, NW1/4SW1/4, also known as APN 105-15-003; beginning at the S1/4 corner of said Section 29, said point being the True Point of Beginning; thence N 00°43'20" E along the western boundary of the SE1/4 of said Section 29, a distance of 1329.15 feet to the center-south 1/16 corner of said Section 29; thence S 89°53'01" W along the southern boundary of the NE1/4SW1/4 of said Section 29, a distance of 99.69 feet; thence N 00°43'20" E a distance of 417.54 feet; thence S 89°31'37" E a distance of 99.69 feet; thence N 00°43'20" E along the western boundary of the SE1/4 of said Section 29 a distance of 374.40 feet; thence N 88°49'48" E a distance of 474.94 feet; thence N 27°35' 15" E a distance of 99.21 feet; thence N 04°13'26" W a distance of 160.59 feet; thence N 37°38'44" E a distance of 12.27 feet; thence S 26°22'25" E a distance of 371.13 feet; thence N 31°21'35" E a distance of 58.00 feet; thence S 26°22'27" E a distance of 1203.23 feet; thence S 63°58'58" W a distance of 200.00 feet; thence S 36°24'36" E a distance of 375.11 feet; thence S 00°24'06" W a distance of 490.79 feet; thence S 01°22'24" E a distance of 110.21 feet; thence S 22°27'23" E a distance of 44.27 feet; thence N 89°48'03" W a distance of 1331.98 feet to the True Point of Beginning, also known as APN 105-15-014E; beginning at the corner of Sections 28, 29, 32 and 33, T9N, R29E of G & SRB & M, Apache County, Arizona; thence N 54°21'09" W a distance of 1623.90 feet; thence N 26°00'59" W a distance of 100.00 feet; thence N 26°22'14" W a distance of 1203.23 feet to the True Point of Beginning; thence N 26°22'27" W a distance of 351.19 feet; thence S 55°14'10" W a distance of 38.42 feet; thence S 37°38'44" W a distance of 12.38 feet; thence S 26°22'14" E a distance of 371.13 feet; thence N 31°21'35" E a distance of 58.00 feet to the True Point of Beginning, also known as APN 105-15-014C. S1/2SW1/4, except the following described parcel: commencing at a 2-inch aluminum cap monument stamped LS 8906 located at the Section corner common to Sections 29, 30, 31 and 32 of said Township and Range; thence bear S 89°46'16" E along the Section line common to Sections 29 and 32, a distance of 1038.05 feet to the True Point of Beginning; thence N 35°17'33" E along the northwest boundary of the Springerville Municipal Airport a distance of 328.32 feet; thence S 39°31'26" E a distance of 349.55 feet to a point on the Section line common to Sections 29 and 32; thence N 89°46'44" W a distance of 131.96 feet to the W1/16 corner of Sections 29 and 32; thence N 89°46'16" W a distance of 280.18 feet to the True Point of Beginning. Section 30, NE1/4SE1/4, E1/2NE1/4 also known as APN 105-16-001; W1/2NE1/4, W1/2NE1/4 also known as APN 105-16-002; Section 32, beginning at the N1/4 corner of said Section 32, said point being the True Point of Beginning; thence S 89°48'03" E along the north line of said Section 32 a distance of 1331.98 feet; thence S 21°49'15" E a distance of 198.07 feet; thence S 20°56'35" W a distance of 191.75 feet; thence S 19°53'23" W a distance of 24.65 feet; thence S 39°17'55" W a distance of 86.61 feet; thence S 01°41'36" E a distance of 13.60 feet; thence S 50°13'33" W a distance of 1.29 feet; thence S 02°24'23" E a distance of 906.39 feet; thence S 00°44'11" W a distance of 466.82 feet; thence S 35°26'56" W a distance of 218.51 feet; thence S 89°57'05" W a distance of 1141.87 feet; thence N 07°57'52" E a distance of 328.83 feet; thence N 77°39'30" W a distance of 68.79 feet; thence N 00°30'56" W a distance of 334.16 feet to a 1/ 16th section corner; thence N 00°30'56" W a distance of 1349.10 feet to the True Point of Beginning. Except therefrom any portion lying in the S1/2SW1/4NE1/4 of said Section 32 also known as APN 105-18-008A; all that portion of the NE1/4NW1/4 of Section 32, T9N, R29E of G & SRB & M, Apache County, Arizona, lying east of the Becker Lake Roadway; except for the following described parcel: from the NW1/16 corner of said Section 32; thence S 89°45'28" E along the 1/16 line a distance of 736.55 feet to the True Point of Beginning, said point being in the west rights-of-way limits of Becker Lake Rd.; thence N 06°09'00" W along the west line of said right-of-way a distance of 266.70 feet to a 1/2-inch rebar with a tag marked LS 13014; thence N 06°21'43" W a distance of 263.42 feet to a 1/2-inch rebar with a tag marked LS 13014; thence N 06°21'43" W a distance of 198.60 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence N 78°43'10" E a distance of 158.40 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence S 47°05'42" E a distance of 65.65 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence S 29°24'20" E a distance of 202.48 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence S 48°03'17" W a distance of 146.19 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence South 19°36'10" W a distance of 115.75 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence South 00°38'05" East a distance of 74.66 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence S 14°52' 53" E a distance of 125.09 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence S 15°08'20" E a distance of 136.60 feet to a 5/8-inch rebar with a plastic cap marked LS 13014; thence S 89°58'07" W a distance of 144.13 feet to the True Point of Beginning, also known as APN 105-18-012G.

7. 8. Bog Hole Wildlife Area: The Bog Hole Wildlife Area lying in Sections 29, 32 and 33, T22S, R17E shall be the fenced and posted area described as follows: beginning at the southeast corner of Section 32, T22S, R17E, G & SRB & M, Santa Cruz County, Arizona; thence N 21°42'20" W a distance of 1394.86 feet to the True Point of Beginning; thence N 9°15'26" W a distance of 1014.82 feet; thence N 14°30'58" W a distance of 1088.82 feet; thence N 36°12'57" W a distance of 20.93 feet; thence N 50°16'38" W a distance of 1341.30 feet; thence N 57°51'08" W a distance of 1320.68 feet; thence N 39°03'53" E a distance of 1044.90 feet; thence N 39°07'43" E a distance of 1232.32 feet; thence S 36°38'48" E a distance of 1322.93 feet; thence S 43°03'17" E a distance of 1312.11 feet; thence S 38°19'38" E a distance of 1315.69 feet; thence S 13°11'59" W a distance of 2083.31 feet; thence S 69°42'45" W a distance of 920.49 feet to the True Point of Beginning.

8. 9. Chevelon Canyon Ranches Wildlife Area: The Chevelon Canyon Ranches Wildlife Area shall be those areas described as follows:

Duran Ranch: T12N, R14E; Sections 6 and 7, more particularly bounded and described as follows: beginning at Corner 1, from which the Standard Corner to Section 31 in T13N, R14E and Section 36 T13N, R13E, bears N 11°41' W 21.53 chains distant; thence S 26°5' E 6.80 chains to Corner 2; thence S 66° W 12.74 chains to Corner 3; thence S 19°16' W 13.72 chains to Corner 4; thence S 29°1' W 50.02 chains to Corner 5; thence N 64°15' W five chains to Corner 6; thence N 28°54' E 67.97 chains to Corner 7; thence N 55°36' E 11.02 to Corner 1; the place of beginning,; all in G & SRB & M, Coconino County, Arizona. Dye Ranch: T12N, R14E Sections 9 and 16, more particularly described as follows: beginning at Corner 1 from which the Standard corner to Sections 32 and 33 in T13N, R14E, bears N 2° 24' E 127.19 chains distant; thence S 50°20' E 4.96 chains to corner 2; thence S 29°48' W 21.97 chains to Corner 3; thence S 14°45' W 21.00 chains to Corner 4; thence N 76°23' W 3.49 chains to Corner 5; thence N 10°13' W 14.02 chains to Corner 6; thence N 19°41' E 8.92 chains to Corner 7; thence N 38°2' E 24.79 chains to Corner 1, the place of beginning; all in G & SRB & M, Coconino County, Arizona. Tillman Ranch: T12N, R14E land included in H.E. Survey 200 embracing a portion of approximately Sections 9 and 10 in T12N, R14E of G & SRB & M; all in G & SRB & M, Coconino County, Arizona. Vincent Ranch: T12N, R13E; Sections 3 and 4, more particularly described as follows: beginning at Corner 1, from which the south corner to Section 33, T13N, R13E, bears N 40°53' W 16.94 chains distance; thence S 53° 08' E 2.98 chains to Corner 2; thence S 11°26' W 6.19 chains to Corner 3; thence S 49°43' W 22.41 chains to Corner 4; thence S 22°45' W 30.03 chains to Corner 5; thence N 67°35' W 6.00 chains to Corner 6; thence N 23° E 30.03 chains to Corner 7; thence N 42°18' E 21.19 chains to Corner 8; thence N 57°52' E 8.40 chains to Corner 1, the place of beginning; all in G & SRB & M, Coconino County, Arizona. Wolf Ranch: T12N, R14E, Sections 18 and 19, more particularly bounded and described as follows: beginning at Corner 1, from which the U.S. Location Monument 184 H. E. S. bears S 88°53' E 4.41 chains distant; thence S 34°4' E 11.19 chains to Corner 2; thence S 40°31' W 31.7 chains to Corner 3; thence S 63°3' W 7.97 chains to Corner 4; thence S 23°15' W 10.69 chains to Corner 5; thence N 59° W 2.60 chains to Corner 6; thence N 18°45' E 10.80 chains to Corner 7; thence N 51°26' E 8.95 chains to Corner 8; thence N 30°19' E 34.37 chains to Corner 1; the place of beginning; all in G & SRB & M, Coconino County, Arizona.

9. 10. Chevelon Creek Wildlife Area: The Chevelon Creek Wildlife Area shall be those areas described as follows: Parcel 1: The S1/2S1/2NW1/4SW1/4 of Section 23, T18N, R17E of G & SRB & M; Parcel 2: Lots 1, 2, 3 and 4 of Section 26, T18N, R17E of G & SRB & M; Parcel 1: That portion of the NE1/4 of Section 26 lying northerly of Chevelon Creek Estates East Side 1 Amended, according to the plat of record in Book 5 of Plats, page 35, records of Navajo County, Arizona, all in T18N, R17E of G & SRB & M, Navajo County, Arizona. Parcel 2: That part of Tract A, Chevelon Creek Estates East Side 1 Amended, according to the plat of record in Book 5 of Plats, page 35, records of Navajo County, Arizona lying northerly of the following described line: beginning at the southwest corner of Lot 3 of said subdivision; thence southwesterly in a straight line to the southwest corner of Lot 6 of said subdivision.

10. 11. Cibola Valley Conservation and Wildlife Area: The Cibola Valley Conservation and Wildlife Area shall be those areas described as follows:

Parcel 1: this parcel is located in the NW1/4 of Section 36, T1N, R24W of G & SRB & M, La Paz County, Arizona, lying east of the right of way line of the "Cibola Channelization Project of the United States Bureau of Reclamation Colorado River Front Work and Levee System," as indicated on Bureau of Reclamation Drawing 423-300-438, dated March 31, 1964, and more particularly described as follows: beginning at the northeast corner of the NW1/4 of said Section 36; thence south and along the east line of the NW1/4 of said Section 36, a distance of 2646.00 feet to a point being the southeast corner of the NW1/4 of said Section 36; thence westerly and along the south line of the NW1/4 a distance of 1711.87 feet to a point of intersection with the east line of the aforementioned right of way; thence northerly and along said east line of the aforementioned right of way, a distance of 2657.20 feet along a curve concave easterly, having a radius of 9260.00 feet to a point of intersection with the north line of the NW1/4 of said Section 36; thence easterly and along the north line of the NW1/4 of said Section 36, a distance of 1919.74 feet to the point of beginning. Parcel 2: this parcel is located in the U.S. Government Survey of Lot 1 and the E1/2SW1/4 of Section 36, T1N, R24W of G & SRB & M, La Paz County, Arizona, lying east of the right of way line of the "Cibola Channelization Project of the United States Bureau of Reclamation Colorado River Front Work and Levee System," as indicated on Bureau of Reclamation Drawing 423-300-438, dated March 31, 1964, and more particularly described as follows: beginning at the S1/4 corner of said Section 36; thence westerly and along the south line of said Section 36, a distance of 610.44 feet to a point of intersection with the east line of the aforementioned right of way; thence northerly along said east line of the of the aforementioned right of way and along a curve concave southwesterly, having a radius of 17350.00 feet, a distance of 125.12 feet; thence continuing along said right of way line and along a reverse curve having a radius of 9260.00 feet, a distance of 2697.10 feet to a point of intersection with the east-west midsection line of said Section 36; thence easterly along said east-west midsection line, a distance of 1711.87 feet to a point being the center of said Section 36; thence south and along the north-south midsection line, a distance of 2640.00 feet to the point of beginning. Parcel 3: this parcel is located in the E1/2NE1/4 of Section 36, T1N, R24W of G & SRB & M, La Paz County, Arizona. Parcel 4: this parcel is located in the E1/2NW1/4SW1/4 of Section 21, T1N, R23W of G & SRB & M, La Paz County, Arizona, lying south of the south right of way line of U.S.A. Levee; except therefrom that portion lying within Cibola Sportsman's Park, according to the plat thereof recorded in Book 4 of Plats, Page 58, records of Yuma (now La Paz) County, Arizona; and further excepting the N1/2E1/2NW1/4SW1/4. Parcel 5: this parcel is located in the S1/2SW1/4 of Section 21, T1N, R23W of G & SRB & M, La Paz County, Arizona. Except the west 33.00 feet thereof; and further excepting that portion more particularly described as follows: the N1/2NW1/4SW1/4SW1/4 of said Section, excepting the north 33.00 feet and the east 33.00 feet thereof. Parcel 6: this parcel is located in the SW1/4SE1/4 of Section 21, T1N, R23W of G & SRB & M, La Paz County, Arizona. Parcel 7: this parcel is located in Sections 24 and 25, T1N, R24W of G & SRB & M, La Paz County, Arizona, lying south of the Colorado River and east of Meander line per BLM Plat 2647C. Parcel 8: this parcel is located in the W1/2 of Section 19, T1N, R23W of G & SRB & M, La Paz County, Arizona, lying south of the Colorado River. Except that portion in con-demnation suit Civil 5188PHX filed in District Court of Arizona entitled USA -vs- 527.93 acres of land; and excepting therefrom any portion of said land lying within the bed or former bed of the Colorado River waterward of the natural ordinary high water line; and also excepting any artificial accretions to said line of ordinary high water. Parcel 9: this parcel is located in the N1/2NE1/4SE1/4; and the W1/2SW1/4NE1/4SE1/4; and that portion of the SE1/4NE1/4 of Section 20, T1N, R23W of G & SRB & M, La Paz County, Arizona, lying south of the south right of way line of the U.S.B.R. Levee; except the east 33.00 feet thereof; and further excepting that portion more particularly described as follows: commencing at the northeast corner of the SE1/4 of said Section 20; thence S 0º24'00" E along the east line, a distance of 380.27 feet; thence S 89º36'00" W a distance of 50.00 feet to the True Point of Beginning; thence continuing S 89º36'00" W a distance of 193.00 feet; thence N 0º24'00" W a distance of 261.25 feet; thence S 70º11'00" E a distance of 205.67 feet to the west line of the east 50.00 feet of said SE1/4 of Section 20; thence S 0º24'00" E a distance of 190.18 feet to the True Point of Beginning; excepting therefrom any portion of said land lying within the bed or former bed of the Colorado River waterward of the natural ordinary high water line; and also excepting any artificial accretions to said line of ordinary high water. Parcel 10: this parcel is located in the S1/2SE1/4 Section 20, T1N, R23W of G & SRB & M, La Paz County, Arizona; except the east 33.00 feet thereof. Parcel 11: This parcel is located in the SW1/4NE1/4; and the NW1/4SE1/4 of Section 20, T1N, R23W of G & SRB & M, La Paz County, Arizona, lying south of the Colorado River and west of the Meander line per BLM Plat 2546B; except any portion thereof lying within U.S.A. Lots 5 and 6 of said Section 20, as set forth on BLM Plat 2546B; and excepting therefrom any portion of said land lying within the bed or former bed of the Colorado River waterward of the natural ordinary high water line; and also excepting any artificial accretions to said line of ordinary high water. Parcel 12: this parcel is located in the SE1/4NE1/4SE1/4; and the E1/2SW1/4NE1/4SE1/4 of Section 20, T1N, R23W of G & SRB & M, La Paz County, Arizona. Parcel 13: this parcel is located in the E1/2 of Section 19, T1N, R23W of G & SRB & M, La Paz County, Arizona, lying south of the Colorado River; except the W1/2W1/2SE1/4SW1/4SE1/4; except the E1/2E1/2SW1/4SW1/4SE1/4; except the SW1/4SW1/4NE1/4; except the W1/2SE1/4SW1/4NE1/4; and excepting therefrom any portion of said land lying within the bed or former bed of the Colorado River waterward of the natural ordinary high water line; and also excepting any artificial accretions to said line of ordinary high water. Parcel 14: this parcel is located in the SW1/4SW1/4NE1/4; and the W1/2SE1/4SW1/4NE1/4 of Section 19, T1N, R23W of G & SRB & M, La Paz County, Arizona, lying south of the Colorado River and protection levees and front work, excepting therefrom any portion of said land lying within the bed or former bed of the Colorado River waterward of the natural ordinary high water line; and also excepting any artificial accretions to said line of ordinary high water. Parcel 15: this parcel is located in the W1/2 of Section 20, T1N, R23W of G & SRB & M, La Paz County, Arizona; except the west 133.00 feet thereof; except any portion lying within the U.S. Levee or Channel right of way or any portion claimed by the U.S. for Levee purposes or related works; and except the SE1/4SE1/4SW1/4 of said Section 20. Parcel 16: this parcel is located in the SE1/4SE1/4SW1/4 of Section 20, T1N, R23W of G & SRB & M, La Paz County, Arizona.

11. 12. Clarence May and C.M.H. May Memorial Wildlife Area: The Clarence May and C.M.H. May Memorial Wildlife Area shall be the SE1/4 of Section 8 and N1/2NE1/4 of Section 17, T17S, R31E, and the W1/2SE1/4, S1/2NW1/4, and SW1/4 of Section 9, T17S, R31E, G & SRB & M, Cochise County, Arizona, consisting of approximately 560 acres.

12. 13. Cluff Ranch Wildlife Area: The Cluff Ranch Wildlife Area is that area within the fenced and posted portions of Sections 13, 14, 23, 24, and 26, T7S, R24E, G & SRB & M, Graham County, Arizona; consisting of approximately 788 acres.

14. Coal Mine Spring Wildlife Area: The Coal Mine Spring Wildlife Area shall be those areas described as: Phase I: That portion of the N1/2 of the Baca Location No. 3, also known as the Baca Float No. 3 in Santa Cruz County, Arizona according to the survey by Philip Contzen under Contract No. 133, dated June 17, 1905 and now filed and approved in the Office of the Commissioner of the General Land Office, Washington, D. C., described as follows: Beginning at the southeast corner of Lot 128, as shown on the record of survey of Salero Ranch Unit 7, recorded in Book 2 of Records of Survey, page 455, records of Santa Cruz County, Arizona. Thence the following 13 courses and distances upon the boundary line of said Salero Ranch Unit 7; N 29°42'21" E a distance of 2605.96 feet; S 58°19'30" E a distance of 1154.77 feet; thence N 19°14'52" E a distance of 1039.92 feet; thence N 56°11'38" E a distance of 1160.51 feet; thence N 26°24'15" W a distance of 1201.99 feet; thence N 12°43'46" W a distance of 1774.13 feet; thence N 60°37'49" W a distance of 1403.00 feet; thence S 87°25'09" W a distance of 2733.59 feet; thence S 69°40'43" W a distance of 1437.62 feet; thence S 90°00'00" W a distance of 640.89 feet; thence N 5°17'55" E a distance of 1274.34 feet; thence N 11°18'44" E a distance of 2193.00 feet; thence N 2°31'52" W a distance of 1109.93 feet to the northeast corner of Lot 110 of said Salero Ranch Unit 7, on the southerly boundary line of Salero Ranch Unit 4, as shown on the record of survey recorded in Book 2 of Records of Survey, page 454, records of Santa Cruz County, Arizona; thence S 77°20'10" E a distance of 1403.77 feet upon said southerly boundary line; thence N 85°19'15" E a distance of 415.73 feet upon said southerly boundary line; thence N 83°19'40" E a distance of 1332.97 feet upon said southerly boundary line; thence S 53°17'58" E a distance of 2353.56 feet; thence S 79°45'10" E a distance of 2127.16 feet; thence N 78°08'19" E a distance of 1754.99 feet; thence S 76°40'30" E a distance of 645.76 feet; thence N 8°06'04" E a distance of 2439.25 feet; thence N 83°38'56" E a distance of 2626.58 feet; thence S 4°32'48" E a distance of 1300.66 feet; thence S 22°28'06" E a distance of 1289.33 feet; thence S 41°28'30" E a distance of 693.93 feet; thence N 64°37'22" E a distance of 1137.61 feet; thence S 22°10'49" E a distance of 2355.11 feet; thence S 27°36'21" W a distance of 931.18 feet; thence S 42°06'28" E a distance of 800.14 feet; thence S 23°50'04" W a distance of 5166.49 feet; thence S 0°00'00" W a distance of 853.11 feet to the easterly projection of the south line of said Salero Ranch Unit 7; thence S 90°00'00" W 6 a distance of 239.35 feet upon said easterly projection; thence S 0°00'00" E a distance of 376.92 feet to a 1/2-inch rebar at the northeast corner of the abandonment and reversion to acreage plat, recorded in Book 4 of Maps and Plats at page 35, records of Santa Cruz County, Arizona, also being the northeast corner of the Sonoita Creek State Natural Area, recorded in Book 2 of Records of Survey at page 68, records of Santa Cruz County, Arizona; thence N 89°36'12" W a distance of 4547.83 feet upon the north line of said abandonment and reversion to acreage plat and said Sonoita Creek Natural State Area; thence N 29°42'21" E a distance of 397.69 feet to the point of beginning.

Phase II: Portions of the N1/2 of the Baca Location No. 3, also known as the Baca Float Location No. 3 in Santa Cruz County, Arizona, according to the survey by Philip Contzen under Contract No. 133, dated June 17, 1905 and now filed and approved in the Office of the Commissioner of the General Land Office, Washington, D. C., described as follows: Parcel 1: Beginning at "PT 17", as shown in the record of survey Coal Mine Canyon, recorded in Book 2 of Records of Survey, page 651, records of Santa Cruz County, Arizona, also being the southwest corner of Lot 102 of Salero Ranch Unit 4, as shown on the record of survey recorded in Book 2 of Records of Survey, page 454, records of Santa Cruz County, Arizona; thence N 58°47'17" E a distance of 1817.43 feet upon the boundary line of said Salero Ranch Unit 4; thence N 34°12'25" E a distance of 2213.94 feet upon said boundary line; thence N 62°07'32" E a distance of 792.65 feet upon said boundary line; thence departing said boundary line, N 80°16'25" E a distance of 2588.25 feet; thence S 66°29'16" E a distance of 913.97 feet; thence S 48°56'10" E a distance of 3171.87 feet to "PT 23" of said record of survey of Coal Mine Canyon; thence the following 6 courses upon said boundary line of said record of survey; thence S 83°38'56" W a distance of 2626.58 feet; thence S 8°06'04" W a distance of 2439.25 feet; thence N 76°40'30" W a distance of 645.76 feet; thence S 78°08'19" W a distance of 1754.99 feet; thence N 79°45'10" W a distance of 2127.16 feet; thence N 53°17'58" W a distance of 2353.56 feet to the point of beginning. Containing approximately 634.858 acres.

Parcel 2: Beginning at "PT 23", as shown in the record of survey Coal Mine Canyon; thence S 42°44'49" E a distance of 6724.97 feet; thence S 23°50'04" W a distance of 4984.18 feet; thence S 58°24'44" W a distance of 1555.88 feet to the easterly boundary line of said record of survey; thence N 23°50'04" E a distance of 4583.50 feet upon said easterly line to "PT 30"; thence following 7 courses upon the boundary line of said record of survey; thence N 42°06'28" W a distance of 800.14 feet; thence N H 27°36'21" E a distance of 931.18 feet; thence N 22°10'49" W a distance of 2355.11 feet; thence S 64°37'22" W a distance of 1137.61 feet; thence N 41°28'30" W a distance of 693.93 feet; thence N 22°28'06" W a distance of 1289.33 feet; thence N 4°32'48" W a distance of 1300.66 feet to the point of beginning. Containing approximately 238.928 acres, with both parcels containing approximately 873.8 acres.

Phase III: A portion of the N1/2 of the Baca Location No. 3, also known as the Baca Float Location No. 3 in Santa Cruz County, Arizona, according to the survey by Philip Contzen under Contract No. 133, dated June 17, 1905 and now filed and approved in the Office of the Commissioner of the General Land Office, Washington, D. C., described as follows: Parcel l: Beginning at "PT 32", as shown in the record of survey Coal Mine Canyon, recorded in Book 2 of Records of Survey, page 651, records of Santa Cruz County, Arizona, thence N 00°00'0" E a distance of 853.11 feet upon the east line of said Coal Mine Canyon; thence N 23°50'04" E a distance of 582.99 feet upon said east line; thence departing said east line, N 58°24'44" E a distance of 1555.88 feet; thence N H 23°50'04" E a distance of 4984.07 feet; thence N 42°44'46" W a distance of 6725.01 feet to "PT 23" of said record of survey; thence N 48°56'1 0" W a distance of 248.35 feet to the most southerly corner of Lot 167 of Salero Ranch Amended Unit 5, a record of survey recorded in Book 2 of Surveys at page 890, records of Santa Cruz County, Arizona; thence N 64°11'14" E a distance of 1596.01 feet upon the southerly line of said lot 167; thence departing said southerly line, N 05°09'36" E a distance of 1369.85 feet: thence N 53°17'18" E a distance of 65.27 feet; thence N 35°52'16" E a distance of 125.74 feet; thence N 74°11'01" E a distance of 169.04 feet; thence N 55°03'38" E a distance of 178.31 feet; thence N 85°27'03" E a distance of 214.56 feet; thence N 69°11'45" E a distance of 152.18 feet; thence N 38°28'18" E a distance of 21.66 feet; thence N 85°02'24" E a distance of 41.31 feet; thence N 38°28'18" E a distance of 586.88 feet; thence N 50°53'07" E a distance of 190.20 feet; thence S 18°53'17" E a distance of 63.40 feet; thence S 08°07'48" E a distance of 102.38 feet to a tangent curve concave northeasterly; thence southeasterly upon said arc of said curve to the left, having a radius of 380.00 feet and a central angle of 77°14'41 ", for an arc distance of 512.31 feet to a tangent line; thence S 85°22'29" E a distance of 279.02 feet; thence S 70°54'30" E a distance of 129.90 feet; thence N 83°37'47" E a distance of 142.49 feet; thence S 62°23'38" E a distance of 198.13 feet; thence S 36°56'10" E a distance of 113.72 feet; thence S 58°09'14" E a distance of 170.59 feet; thence N 87°32'08" E a distance of 64.89 feet T to a tangent curve concave southerly; thence easterly upon the arc of said curve to the right, having a radius of 700.00 feet and a central angle of 23°48'20", for an arc distance of 290.84 feet to a compound curve concave southwesterly; thence southeasterly upon the arc of said curve to the right, having a radius of 100.00 feet and a central angle of 55°43'08", for an arc distance of 97.25 feet to a reverse curve concave northerly; thence easterly upon said arc of said curve to the left, having a radius of I 00.00 feet and a central angle of 176°30'32", for an arc distance of 308.07 feet to a non-tangent line; thence N 80°33'04" E a distance of 772.85 feet; thence S 00°31 '59" W a distance of 1378.17 feet; thence S 57°01'50" E a distance of 565.37 feet; thence S 11 °27'08" E a distance of 1517.29 feet; thence S 61°34'44" W a distance of 493.92 feet to the south line of Lot 162 of said Salero Ranch Amended Unit 5; thence continue S 61°34'44" W a distance of 125.58 feet; thence S 90°00'00" W a distance of 333.31 feet; thence S 00°00'00" W a distance of 807.64 feet; thence S 48°51'24" W a distance of 807.64 feet; thence S 12°09'23" E a distance of 879.27 feet; thence S 04°52'34" W a distance of 1219.26 feet; thence S 08°58'33" E a distance of 630.90 feet; thence S 02°41'39" W a distance of 683.84 feet; thence S 38°57'06" W a distance of 883.05 feet; thence S 00°36'34" W a distance of 695.56 feet; thence S 33°38'55" W a distance of 695.56 feet; thence S 39°38'10" E a distance of 521.88 feet; thence S 00°28'11" E a distance of 521.88 feet; thence S 89°31'49" W a distance of 980.46 feet; thence S 20°25'57" W a distance of 836.32 feet; thence S 36°28'11" E a distance of 2307.36 feet; thence S 00°00'00" W a distance of 611.63 feet to the south line of the N1/2 of said Baca Float No. 3; thence N 89°52'37" W a distance of 3334.98 feet upon said south line; thence N 00°00'00" W a distance of 200.46 feet to the point of beginning.

Phase IV: Portions of APN: l12-43-002B. A portion of the N1/2 of the Baca Location No. 3, also known as the Baca Float Location No. 3 in Santa Cruz County, Arizona, according to the survey by Philip Contzen under Contract No. 133, dated June 17, 1905 and now filed and approved in the Office of the Commissioner of the General Land Office, Washington, D. C., described as follows:

Parcel A: Beginning at the southwest corner of lot 161 of Salero Ranch 2nd Amended Unit 5 recorded as document No. 2008-01905, said records of the Santa Cruz County Recorder, said corner also being labeled as "PT 57" on the record of survey for trust for public land Phase II, recorded as document No. 2008-04365, said records of the Santa Cruz County Recorder; thence S 04°52'34"W a distance of 1219.26 feet upon the east line of Parcel 1, as shown on said survey for trust for public land Phase II, to the corner labeled "PT 56" on said record of survey; thence S 08°58'33" E a distance of 630.90 feet upon said east line to the corner labeled "PT 55"; thence S 02°41 '39" W a distance of 683.84 feet upon said east line to the corner labeled "PT 54"; thence S 38°57'06" W a distance of 450.07 feet upon said east line; thence departing said east line, N 72°31'14" E a distance of 380.13 feet; thence N 42°04'28" E a distance of 168.63 feet; thence N 06°07'23" E a distance of 458.79 feet; thence N 09°13'50" W a distance of 428.46 feet; thence N 16°07'21" W a distance of 689.05 feet; thence N 10°00'14" E a distance of 341.00 feet; thence N 00°15'23" W a distance of 754.93 feet to the point of beginning.

Parcel B: Commencing at said above noted corner labeled "PT 54" on said east line as shown on said record of survey of the trust for public land Phase III, thence S 38°57'06" W a distance of 883.05 feet upon said east line to the corner labeled "PT 53", the point of beginning; thence S 00°36'34" W a distance of 695.56 feet upon said east line to the corner labeled "PT 52"; thence N 30°38'23" E a distance of 217.38 feet; thence N 03°24'47" W a distance of 299.47 feet; thence N 22° 12'34" W a distance of 226.35 feet to the point of beginning.

13. 15. Colorado River Nature Center Wildlife Area: The Colorado River Nature Center Wildlife Area is Section 10 of T19N, R22W, bordered by the Fort Mojave Indian Reservation to the west, the Colorado River to the north, and residential areas of Bullhead City to the south and east, G & SRB & M, Mohave County, Arizona.

14. 16. Fool Hollow Lake Wildlife Area: The Fool Hollow Lake Wildlife Area shall be that area lying in those portions of the S1/2 of Section 7 and of the N1/2N1/2 of Section 18, T10N, R22E, G & SRB & M, described as follows: beginning at a point on the west line of the said Section 7, a distance of 990 feet south of the W1/4 corner thereof; thence S 86°12' E a distance of 2533.9 feet; thence S 41°02' E a distance of 634.7 feet; thence east a distance of 800 feet; thence south a distance of 837.5 feet, more or less to the south line of the said Section 7; thence S 89°53' W along the south line of Section 7 a distance of 660 feet; thence S 0°07' E a distance of 164.3 feet; thence N 89°32' W a distance of 804.2 feet; thence N 20°46' W a distance of 670 feet; thence S 88°12' W a distance of 400 feet; thence N 68°04' W a distance of 692 feet; thence S 2°50' W a distance of 581 feet; thence N 89°32' W a distance of 400 feet; thence N 12°40' W a distance of 370.1 feet, more or less, the north line of the SW1/4SW1/4SW1/4 of said Section 7; thence west a distance of 483.2 feet, more or less, along said line to the west line of Section 7; thence north to the point of beginning.

15. 17. House Rock Wildlife Area: The House Rock Wildlife Area is that area described as follows: beginning at the common 1/4 corner of Sections 17 and 20, T36N, R4E; thence east along the south Section lines of Sections 17, 16, 15, 14, 13 T36N, R4E, and Section 18, T36N, R5E, to the intersection with the top of the southerly escarpment of Bedrock Canyon; thence southeasterly along the top of said escarpment to the top of the northerly escarpment of Fence Canyon; thence along the top of said north escarpment to its intersection with the top of the southerly escarpment of Fence Canyon; thence northeasterly along the top of said southerly escarpment to its intersection with the top of the escarpment of the Colorado River; thence southerly along top of said Colorado River escarpment to its intersection with Boundary Ridge in Section 29, T34N, R5E; thence westerly along Boundary Ridge to its intersection with the top of the escarpment at the head of Saddle Canyon; thence northerly along the top of the westerly escarpment to its intersection with a line beginning approximately at the intersection of the Cockscomb and the east fork of South Canyon extending southeast to a point approximately midway between Buck Farm Canyon and Saddle Canyon; thence northwest to the bottom of the east fork of South Canyon in the SW1/4SW1/4 of Section 16, T34N, R4E; thence northerly along the west side of the Cockscomb to the bottom of North Canyon in the SE1/4 of Section 12, T35N, R3E; thence northeasterly along the bottom of North Canyon to a point where the slope of the land becomes nearly flat; thence northerly along the westerly edge of House Rock Valley to the point of beginning; all in G & SRB & M, Coconino County, Arizona.

16. 18. Jacques Marsh Wildlife Area: The Jacques Marsh Wildlife Area is that area within the fenced and posted portions of the SE1/4, SW1/4SW1/4NE1/4, SE1/4NW1/4, SW1/4NW1/4, Section 11; and NE1/4NW1/4, NW1/4NE1/4, NE1/4NE1/4, Section 14; T9N, R22E, G & SRB & M, Navajo County, Arizona.

17. 19. Lamar Haines Wildlife Area: The Lamar Haines Wildlife Area is that area described as: T22N, R6E, Section 12 NW1/4, G & SRB & M, Coconino County, Arizona.

18. 20. Lower San Pedro River Wildlife Area: The Lower San Pedro River Wildlife Area shall be those areas described as follows: For the Triangle Bar Ranch Property: Parcel 1: that portion of the SE1/4 of Section 22, T7S, R16E, G & SRB & M, Pinal County, Arizona, more particularly described as follows: beginning at the southeast corner of Section 22, to a point being a 2.5" Aluminum Cap stamped PLS 35235; thence N 00°38'57" W along the east line of the SE1/4 of Section 22 a distance of 2626.86 feet to a point being the E1/4 corner of Section 22 a 2.5" Aluminum Cap stamped PLS 35235; thence S 89°00'32" W along the north line of the SE1/4 of Section 22 a distance of 1060.80 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 12°30'55" E a distance of 673.56 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 36°31'44" E a distance of 491.55 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 89°00'32" W a distance of 689 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 00°31'09" W a distance of 400.00 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 89°00'32" W a distance of 1320.00 feet to a point on the west line of the SE1/4 of Section 22 to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 00°31'09" E a distance of 1454.09 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 88°51'39" E a distance of 1387.86 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 53°14'11" E a distance of 322.56 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 01°05'49" W a distance of 321.71 feet to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 88°51'39" E along said South line of Section 22 a distance of 1011.31 feet to the point of beginning; containing 110.65 acres, more or less. Parcel 2: that portion of Sections 23 T7S, R16E of G & SRB & M, Pinal County, Arizona, more particularly described as follows: beginning at the point on the south line of Section 23, which point is 720 feet east of the southwest corner of Section 23, said point being a 1/2" Iron Pin tagged PLS 35235; thence N 23°45'32" W a distance of 1833.68 feet (N 22°28'00" W a distance of 1834 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235 on the west line of Section 23; thence S 00°38'57" E a distance of 1691.03 feet (south, record) to the southwest corner of Section 23 to a point being a 2.5" Aluminum Cap stamped PLS 35235; thence along the south line of Section 23 N 89°02'45" E a distance of 720.00 feet (east, a distance of 720.00 feet, recorded) to the point of beginning; containing 13.98 acres, more or less. Parcel 3: lots 2 and 3, and the NE1/4NW1/4, SE1/4NW1/4, and NE1/4SW1/4 of Sections 18 T7S, R16E of G & SRB & M, Pinal County, Arizona, more particularly described as follows: commencing at the northwest corner of Section 18, said point being a GLO B.C. stamped Sec 18 CC; thence S 89°47'17" E along the north line of Section 18, a distance of 1271.33 feet to a point being a 1/ 2" Iron Pin tagged PLS 35235, and being the point of beginning, said point is the northwest corner of the NE1/4NW1/4; thence S 89°47'17" E a distance of 1320.00 feet to a point being the N1/4 corner of Section 18, to a point being a found stone marked 1/ 4; thence S 01°35'23" E a distance of 4020.67 feet to a point being a found 1/2" Iron Pin with added tag of PLS 35235 to a point being the southeast corner or the NE1/4SW1/4 of Section 18; thence N 89°37'16" W a distance of 2610.28 feet to a point on the west line of Section 18 to a point being a 1/2" Iron Pin tagged PLS 35235, to a point being the southwest corner of Lot 3; thence N 01°17 '05" W along the west line of Section 18, a distance of 1360.825 feet to a point being the W1/4 corner of Section 18, to a point being a found stone marked 1/4; thence N 01°20'34" W along the west line of Section 18 a distance of 1325.845 feet to a point being a 1/2" Iron Pin tagged PLS 35235, to a point being the northwest corner of Lot 2; thence S 89°32'47" E a distance of 1279.09 feet to a point being a found 1/2" Iron Pin with added tag of PLS 35235 approximately 0.8 feet down from natural grade, to a point being the northeast corner of Lot 2; thence N 01°40'11" W along the west line of the NE1/4NW1/4 of Section 18, a distance of 1331.47 feet to a point on the north line of Section 18 and the point of beginning; containing 200.78 acres, more or less. Parcel 4: lots 3, 4, 5, 6, and 7 of Section 9, T7S, R16E, of G & SRB & M, Pinal County, Arizona more particularly described as follows: beginning at the S1/4 corner of said Section 9, to a point being a 1.5" Open Iron Pipe with added tag PLS 35235; thence N 00°00'03" E along the north-south midsection line a distance of 2641.16 feet (N 00°38'48" E a distance of 2641.20 feet, record) to the center section of Section 9 to a point being a 1/2" Iron Pin tagged PLS 35235; thence continuing N 00°00'03" E along the north-south midsection line, a distance of 1349.83 feet (N 00°38'48 " E a distance of 1349.83 feet, record) to the northeast corner of Lot 5 to a point being a found 1/2" Iron Pin with added tag PLS 35235; thence S 89°09'38" W along the north line of Lot 5 a distance of 1346.80 feet (S 89°44'19" W a distance of 1347.21 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235, and the northwest corner of Lot 5 and the southeast corner of Lot 3; thence N 00°58'35" E along the east line of Lot 3 a distance of 1357.74 feet (N 00°37'27" E a distance of 1357.74 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235 and the northeast corner of Lot 3; thence N 89°24'33" W along the north line of Lot 3 a distance of 1323.90 feet (N 89°56'37" W a distance of 1323.945 feet, record) to the northwest corner of Section 9 to a point being a found Drill Steel with added tag PLS 35235; thence S 01°56'29" W along the west line of Section 9 a distance of 712.90 feet to a point on the west boundary line of Old Camp Grant and to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 23°03'26" E along said west boundary line of Old Camp Grant, a distance of 5011.05 feet to a point on the south line of Section 9 to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 89°13'21" E along the south line of Section 9 a distance of 709.50 feet (N 89°51'39" E a distance of 709.50 feet, record) to the point of beginning; containing 181.71 acres, more or less. Together with those parts of Sections 15 and 22, T7S, R16E, of G & SRB & M, Pinal County, Arizona, more particularly described as follows: beginning at a point being a 1/2" Iron Pin tagged PLS 35235, N 89°00'32" E along the south line of the NE1/4 of Section 22, a distance of 2251.00 feet (east a distance of 2251 feet, record) of the center section corner of Section 22; thence N 47°16'51" W a distance of 1275.05 feet (N 46°47'00" W a distance of 1275.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 79°57'00" W a distance of 1344.00 feet (N 7°27'00" W a distance of 1344.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 65°05'02" W a distance of 399.00 feet (N 59°46'00" W a distance of 399.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 17°49'24" W a distance of 1382.47 feet (N 17°34'00" W a distance of 1385.00 feet, record) to a point on the Section line between Sections 15 and 22 to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 21°43'45" W a distance of 1408.97 feet (N 20°49'00" W a distance of 1412.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235 and the Center corner of the SW1/4 of Section 15; thence S 01°06'32" W along the west line of the SE1/4SW1/4 of Section 15, a distance of 1317.07 feet (south, record) to a point on the south line of Section 15 and the southwest corner of the SE1/ 4SW1/4 of Section 15 to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 00°27'15" E along the west line of the E1/ 2NW1/4 of Section 22, a distance of 2637.50 feet (south, record) to a point on the south line of the NW1/4 of Section 22 and the southwest corner of the E1/2NW1/4 of Section 22 to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 89°00'56" E along said south line of the NW1/4 of Section 22 a distance of 1320.895 feet (east, record) to the center section corner of Section 22 to a point being a found 2.5" Aluminum Cap stamped C1/4 PLS 35235; thence N 89°00'32" E along the south line of the NE1/4 of Section 22 a distance of 2251.00 feet (east, record) to the point of beginning; containing 110.28 acres, more or less. Parcel 5: those parts of Sections 26 and 35 T7S, R16E of G & SRB & M, Pinal County, Arizona, more particularly described as follows: beginning at a point N 89°31'56" E a distance of 571.74 feet (record 572 a distance of feet east) of the center section of Section 35 said point being a 1/2" Iron Pin tagged PE 9626; thence N 16°07'19" W a distance of 1369.92 feet (N 15°44'00" W a distance of 1371 feet, record) to a point being a Power Pole tagged PLS 35235; thence N 46°55'33" W a distance of 279.77 feet (N 45°00'00" W a distance of 283.00 feet, record) to the center of a 6" hollow iron fence post filled with concrete approximately 6 feet tall, tagged PLS 35235; thence N 79°45'23" W a distance of 500.00 feet (N 80°00'00" W a distance of 500.00 feet, record) to the center of a 6" hollow iron fence post filled with concrete approximately 6 feet tall, tagged PLS 35235; thence N 21°10'05" W a distance of 1104.18 feet (N 20°38 '00" W a distance of 1104.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235, said point being a distance of 3.55 feet south of the north line of Section 35; thence N 07°46'25" E a distance of 1334.00 feet (N 08°08'00" E a distance of 1334.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 89°37'04" W a distance of 630.00 feet to a point being a found 1/2" Iron Pin with added tag PLS 35235; thence N 01°11'34" W a distance of 1314.34 feet (north a distance of 1320.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235, said point being on the north line of the SW1/4; thence along the north line of the SW1/4 N 89°18'34" E a distance of 282.00 feet (east a distance of 282.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235, said point being S 89°18'34" W a distance of 992.74 from the center section corner of Section 26; thence N 13°48'15" W a distance of 1351.04 feet (N 13°40'00" W a distance of 1358.00 feet, record) to a point on the north line of the SE1/4NW1/4 of Section 26 to a point being a 1/2" Iron Pin tagged PLS 35235, said point being N 89°10'39" E a distance of 26.52 feet from the northwest corner of the SE1/4NW1/4 of Section 26; thence N 26°31'53" W a distance of 1458.00 feet (N 23°43'00" W a distance of 1442.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235, that is on the north line of Section 26 said point being N 89°02'45" E along the north line of Section 26, a distance of 720.00 feet from the northwest corner of Section 26; thence N 23°45'32" W a distance of 1833.68 feet (N 22°28'00" W a distance of 1834.00 feet, record) to a point being a 1/2" Iron Pin tagged PLS 35235, said point being on the west line of Section 23; thence S 00°38'57" E along the west line of Section 23, a distance of 1690.37 feet (south, record) to the southwest corner of Section 23 and northwest corner of Section 26 to a point being a 2.5" Aluminum Cap stamped PLS 35235; thence continuing S 01°16'16" E along the west line of Section 26 a distance of 2625.56 feet (south a distance of 2640.00 feet, record) to the W1/4 corner of Section 26 to a point being a 2.5" Aluminum Cap stamped PLS 35235; thence S 01°16'16" E along the west line of Section 26, a distance of 2625.56 feet (south a distance of 2640.00 feet, record) to the southwest corner of Section 26 and northwest corner of Section 35 to a point being a 2.25" Capped Iron Pipe stamped with added tag PLS 35235; thence S 00°45'30" E along the west line of Section 35, a distance of 1317.94 feet (south a distance of 1320.00 feet, record) to a point being a 2.5" Capped Iron Pipe stamped with added tag PLS 35235, said point being the southwest corner of the N1/2NW1/4 of Section 35; thence N 89°41'45" E along the south line of the N1/2NW1/4 of Section 35, a distance of 2630.87 feet (east a distance of 2644.00 feet, record) to a point being an Oblong Iron Pin with added tag PLS 35235 said point being the southeast corner of the N1/2NW1/4 of Section 35; thence S 01°11'23" E a distance of 1319.08 (south a distance of 1320.00 feet, record) to a point being an Oblong Iron Pin, with added tag PLS 35235, said point being the center section corner of Section 35; thence N 89°31'56" E along the south line of the NE1/4 of Section 35 a distance of 571.74 feet (east a distance of 572.00 feet, record) to the point of beginning; excepting therefrom any portion of said lands lying and within Section 23, T7S, R16E, G & SRB & M; CONTAINING containing 249.46 acres, more or less. Parcel 6: that portion of Section 1, T8S, R16E of G & SRB & M, Pinal County, Arizona, more particularly described as follows: beginning at a point N 88°25'39" E a distance of 507.07 feet (east a distance of 510 feet record) of the southwest corner of the SE1/4SW1/4 of Section 1 said point being a 1/2" Iron Pin tagged RLS 10046; thence N 18°38'44" E a distance of 1399.18 feet (record N 19°41' E a distance of 1402 feet) to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 03°51'10" W a distance of 1314.74 feet (record N 02°44' W a distance of 1321 feet) to a point being a 1/2" Iron Pin tagged RLS 10046; thence S 88°45'59" W a distance of 918.71 feet (record west, a distance of 919 feet) to a point being a 1/2" Iron Pin tagged RLS 10046; thence N 01°02'04" W a distance of 977.00 feet (record north a distance of 977 feet) to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 72°26'42" W a distance of 1384.43 feet (record N 71°22' W a distance of 1393 feet) to a point on the west line of Section 1 to a point being a 1/2" Iron Pin PLS 35235; thence S 01°07'43" E along the west line of Section 1, a distance of 1422.00 feet (record south a distance of 1412 feet) to the W1/4 corner of Section 1, said point being a 2.5" Aluminum Cap stamped PLS 35235; thence continuing S 01°07'43" E along the west line of Section 1, a distance of 1320.00 feet (record south a distance of 1320 feet) to the southwest corner of the NW1/4SW1/4 of Section 1 to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 88°37'29" E a distance of 1311.56 feet (record east to the southwest corner of the NE1/4SW1/4) to the southwest corner of the NE1/4SW1/4 of Section 1 to a point being a 1/2" Iron Pin tagged PLS 35235; thence S 01°05'24" E a distance of 1316.31 feet (record, south a distance of 1320 feet) to the southwest corner of the SE1/4SW1/4 of Section 1 to a point being a 1/2" Iron Pin tagged PLS 35235; thence N 88°25'39" E a distance of 507.07 feet (record, east a distance of 510 feet) to the point of beginning; containing 126.84 acres, more or less. For the ASARCO Property: Parcel 1: Section 15: the W1/2SE1/4 and E1/2SW1/4 of Section 15, T7S, R16E of G & SRB & M, Pinal county, Arizona; except that portion of land situated in Government Lot 9 lying west of the center line of the San Pedro River, said portion being APN 300-35-002. Section 22: That portion of the NE1/4NW1/4 and the NE1/4 of Section 22 T7S, R16E of G & SRB & M, Pinal County, Arizona, lying east of the San Pedro River. Section 23: that portion of the SW1/4 of Section 23, T7S, R16E of G & SRB & M, Pinal County, Arizona, lying east of the San Pedro River. Section 26: that portion of the N1/2NW1/4 of Section 26, T7S, R16E of G & SRB & M, Pinal County, Arizona, lying east of the San Pedro River. Parcel 2: Section 15: Government Lots 1, 2, 3, 4, 5, 6, and 7 of Section 15, T7S, R16E of G & SRB & M, Pinal County, Arizona. Parcel 3: Section 4: Government Lots 5, 8, 9, 11, 12, and 13 of Section 4 except that portion of land situated in Government Lot 13 lying east of State Highway 77 right-of-way, said portion of land being APN 300-31-005B. Section 5: Government Lots 2, 3, 4 and 5, except that portion of land situated in Government Lot 2, more particularly described as follows: beginning at the northeast corner of said Lot 2; thence along the east boundary of said Lot 2 due south 599.94 feet; thence leaving said east boundary due west 283.27 feet to the County Rd. right-of-way (El Camino Rd.); thence along said County Rd. right-of-way N 04°18'56" E a distance of 95.16 feet; thence continuing along said County Rd. right-of-way N 16°30'21" E a distance of 384.05 feet; thence continuing along said County Rd. right-of-way N 14°33'05" E a distance of 141.35 feet to the north boundary of said County Rd. right-of-way due east a distance of 131.48 feet along the north boundary of Government Lot 1 to the point of beginning.

19. 21. Luna Lake Wildlife Area: The Luna Lake Wildlife Area shall be the fenced, buoyed, and posted area lying north of U.S. Highway 180 T5N, R31E, Section 17 N1/2, G & SRB & M, Apache County, Arizona.

Manhattan Claims Wildlife Area: Manhattan Claims Wildlife Area: The Manhattan Claims Wildlife Area shall be those areas described as the following mines or mining claims, situated in the California Mining District, in Cochise County, State of Arizona, to-wit: being Sections 3, 4, 5, 9, 10, in T17S., R30E., G & SRB & M, being known as the "Manhattan Group," Cochise County, State of Arizona. Erion Cap: Fraction: Monarch: and Mogul Patented Mines, the United States patent to which is of record in the Recorder's Office in Book 23 of Deeds of Mines, at page 396; Copper trust' Smith No. 1' Iron Cap; wedge; Smith No. 2; Rodea; Standard Extension; Smith No. 4; Smith No. 3; JHU; Cottonwood; Tucson; Prince; Hidden Treasure; Joe Wheeler fraction; Bride of the West; Mackey; Sun Beam; Queen; Last Turn; Winner; and Winner Fraction; patented mines, in the U.S. Patent to which is of record in the Recorder's Office in Book 23 Deeds of Mines, at page 368. Badger; Badger Fraction; patented mines, the U.S. Patent to which is of record in said Recorder's Office, in Book 23 Deeds of Mines, at page 388; Standard patented mine, the U.S. Patent to which is of record in said Recorder's Office in Book 23 Deeds of Mines at page 393; The following patented mining claims situated in said California Mining District, patent records of which are set out with name of claim as follows: Bull Dog, Docket No. 27, at page No. 558; Copper King, Docket No. 27, at page No. 555; Copper Bluff, Docket No. 27, at page No. 552; Copper Top, Docket No. 27, at page No. 558; Copper Glance, Docket No. 27, at page No. 558; and AETNA, Docket No. 27, at page No. 558.

20. 23. Mittry Lake Wildlife Area: The Mittry Lake Wildlife Area shall be those areas described as follows: T6S, R21W, Section 31: All of Lots 1, 2, 3, 4, E1/2W1/2, and that portion of E1/2 lying westerly of Gila Gravity Main Canal Right-of-Way; T7S, R21W; Section 5: that portion of SW1/4SW1/4 lying westerly of Gila Gravity Main Canal Right-of-Way; Section 6: all of Lots 2, 3, 4, 5, 6, 7 and that portion of Lot 1, S1/2NE1/4, SE1/4 lying westerly of Gila Gravity Main Canal R/W; Section 7: all of Lots 1, 2, 3, 4, E1/2W1/2, W1/2E1/2, and that portion of E1/2E1/2 lying westerly of Gila Gravity Main Canal R/W; Section 8: that portion of W1/2W1/2 lying westerly of Gila Gravity Main Canal R/W; Section 18: all of Lots 1, 2, 3, 4, E1/ 2NW1/4, and that portion of NE1/4, E1/2SW1/4, NW1/4SE1/4 lying westerly of Gila Gravity Main Canal R/W; T6S, R22W; Section 36: all of Lot 1. T7S, R22W; Section 1: all of Lot 1; Section 12: all of Lots 1, 2, SE1/4SE1/4; Section 13: all of Lots 1, 2, 3, 4, 5, 6, 7, 8, NE1/4, N1/2SE1/4, and that portion of S1/2SE1/4 lying northerly of Gila Gravity Main Canal R/W; all in G & SRB & M, Yuma County, Arizona.

21. 24. Planet Ranch Conservation and Wildlife Area: The Planet Ranch Wildlife Area shall be those areas described as follows: Mohave County (Parcels 1 through 5) Parcel No. 1: the S1/2S1/2 of Section 28, T11N, R16W of the G & SRB & M, Mohave County, Arizona; except 1/16 of all oil, gases, and other hydrocarbon substances, coal, stone, metals, minerals, fossils and fertilizer of every name and description and except all materials which may be essential to production of fissionable material as reserved in Arizona Revised Statutes. Parcel No. 2: all of sections 32 and 34 T11N, R16W of the G & SRB & M, lying in Mohave County, Arizona; except 1/16 of all oil, gases, and other hydrocarbon substances, coal, stone, metals, minerals, fossils and fertilizer of every name and description and except all materials which may be essential to production of fissionable material as reserved in Arizona Revised Statutes. Parcel No. 3: the S1/2S1/2 of Section 27, T11N, R16W of the G & SRB & M, Mohave County, Arizona; except oil, gas, coal, and minerals as reserved in deed recorded in Book 64 of Deeds, Page 599, records of Mohave County, Arizona. Parcel No. 4: all of Section 33 and 35, T11N, R16W of the G & SRB & M, lying in Mohave County, Arizona; except oil, gas, coal, and minerals as reserved in deed recorded in Book 64 of Deeds, Page 599, records of Mohave County, Arizona. Parcel No. 5: the S1/2S1/2N1/2 and the S1/2 of Section 36, T11N, R16W of the G & SRB & M, lying in Mohave County, Arizona; except 1/16 of all oil, gases, and other hydrocarbon substances, coal, stone, metals, minerals, fossils and fertilizer of every name and description and except all materials which may be essential to production of fissionable material as reserved in Arizona Revised Statutes. La Paz County (Parcels 6 through 9) Parcel No. 6: that portion of the S1/2 of Lot 2, all of Lots 3, and 4, the S1/2SE1/4NW1/4 and the S1/2S1/2NE1/4 of Section 31, T11N, R16W of the G & SRB & M, lying in La Paz County, Arizona; except all oil, gas, coal, and minerals as set forth in instrument recorded in Book 57, of Dockets, Page 310. Parcel No. 7: all of Section 32, T11N, R16W of the G & SRB & M, lying in La Paz County, Arizona; except any part of Section 32 lying within the Copper Hill Mining Claim as shown on the Plat of Mineral Survey Number 2675; except that portion of the SW1/4 of Section 32, T11N, R16W of the G & SRB & M, lying in La Paz County, Arizona, described as follows: commencing at the S1/4 corner of Section 32; thence west along the south line of Section 32, a distance of 1270.58 feet to the point of beginning; thence north 634.31 feet; thence S 76º41'15" W a distance of 94.09 feet to the southeasterly line of the Planet Ranch Road; thence along said line S 28º55'W a distance of 101.23 feet; thence southwesterly 250.25 feet through an angle of 54º22', along a tangent curve concave to the northwest, having a radius of 263.73 feet to a point of tangency, from which a radial line bears N 07º05' W; thence along said line S 82º55' W a distance of 96.52 feet; thence westerly 184.42 feet through an angle of 17º40'14" along a tangent curve concave to the north, having a radius of 597.96 feet to a point of tangency from which a radial line bears N 10º35'14" E; thence N 79º24'46" W a distance of 260.38 feet; thence leaving the southwesterly line of said Planet Ranch Road, south a distance of 429.61 feet to the south line of said Section 32; thence south along said south line east a distance of 874.42 feet more or less back to the point of beginning; and except that portion of the SW1/4 of Section 32, T11N, R16W of the G & SRB & M, La Paz County, Arizona, described as follows: beginning at the S1/4 corner of Section 32; thence west along the south line of Section 32, a distance of 1270.58 feet; thence north a distance of 634.31 feet; thence S 76º41'15" W a distance of 214.08 feet; thence N 13º18'45" W a distance of 25 feet; thence N 76º41'15" E a distance of 220 feet; thence east a distance of 1270.58 feet; thence south a distance of 660 feet back to the point of beginning. Parcel No. 8: those portions of Sections 33, 34, and 35, T11N, R16W of the G & SRB & M, lying in La Paz County, Arizona; except an undivided 1/16 of all oil, gases, and other hydrocarbon substances, coal or stone, metals, minerals, fossils and fertilizer of every name and description, together with all uranium, thorium, or any other material which is or may be determined by the laws of the production of fissionable materials, whether or not of commercial value, as reserved by the State of Arizona in Section 37-231, Arizona Revised Statutes, and in patent of record (Section 34); also except all oil, gas, coal, and minerals as set forth in instrument recorded in Book 57 of Dockets, Page 310 (Section 33 and 35). Parcel No. 9: the S1/2S1/2N1/2 and the S1/2 of Section 36, T11N, R16W of the G & SRB & M, lying in La Paz County, Arizona; except an undivided 1/16 of all oil, gases, and other hydrocarbon substances, coal or stone, metals, minerals, fossils and fertilizer of every name and description, together with all uranium, thorium, or any other material which is or may be determined by the laws of the production of fissionable materials, whether or not of commercial value, as reserved by the State of Arizona in Section 37-231, Arizona Revised Statutes, and in patent of record.

22. 25. Powers Butte (Mumme Farm) Wildlife Area: The Powers Butte Wildlife Area shall be that area described as follows: T1S, R5W, Section 25, N1/2SW1/4, SW1/4SW1/4; Section 26, S1/2; Section 27, E1/2SE1/4; Section 34. T2S, R5W Section 3, E1/2W1/2, W1/2SE1/4, NE1/4SE1/4, NE1/4; Section 10, NW1/4, NW1/4NE1/4; Section 15, SE1/4SW1/4; Section 22, E1/ 2NW1/4, NW1/4NW1/4; all in G & SRB & M, Maricopa County, Arizona.

23. 26. Quigley-Achee Wildlife Area: The Quigley-Achee Wildlife Area shall be those areas described as follows: T8S, R17W; Section 13, W1/2SE1/4, SW1/4NE1/4, and a portion of land in the W1/2 of Section 13, more particularly described as follows: beginning at the S1/4 corner; thence S 89º17'09" W along the south line of said Section 13 a distance of 2627.50 feet to the southwest corner of said Section 13; thence N 41º49'46" E a distance of 3026.74 feet; thence N 0º13'30" W a distance of 1730.00 feet to a point on the north 1/16th line of said Section 13; thence N 89º17'36" E along said north 1/16th line a distance of 600.00 feet to the center of said Section 13; thence S 0º13'30" E. along the north-south midsection line a distance of 3959.99 feet to the point of beginning. Section 23, SE1/4NE1/4, and a portion of land in the NE1/4NE1/4 of Section 23, more particularly described as follows: beginning at the northeast corner; thence S 0º10'19" E along the east line of said Section 23, a distance of 1326.74 feet to a point on the south line of the NE1/4NE1/4 of said Section 23; thence S 89º29'58" W along said south line, a distance of 1309.64 feet; thence N 44º17'39" E a distance of 1869.58 feet to the point of beginning. Section 24, NW1/4, N1/2SW1/4, W1/2NE1/4, N1/2SE1/4NE1/4; all in G & SRB & M, Yuma County, Arizona.

24. 27. Raymond Wildlife Area: The Raymond Wildlife Area is that area described as follows: All of Sections 24, 25, 26, 34, 35, 36, and the portions of Sections 27, 28, and 33 lying east of the following described line: beginning at the W1/4 corner of Section 33; thence northeasterly through the 1/4 corner common to Sections 28 and 33, 1/4 corner common to Sections 27 and 28 to the N1/4 corner of Section 27 all in T19N, R11E. All of Sections 15, 16, 17, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34 all in T19N, R12E,; all in G & SRB & M, Coconino County, Arizona.

25. 28. Robbins Butte Wildlife Area: The Robbins Butte Wildlife Area shall be those areas described as follows: T1S, R3W, Section 17, S1/2NE1/4, SE1/4, NW1/4SW1/4; Section 18, Lots 3, 4, and E1/2SW1/4, S1/2NE1/4, W1/2SE1/4, NE1/ 4SE1/4. T1S, R4W, Section 13, all except that portion of W1/2SW1/4SW1/4 lying west of State Route 85; Section 14, all except the W1/2NW1/4 and that portion of the SW1/4 lying north of the Arlington Canal; Section 19, S1/2SE1/4; Section 20, S1/2S1/2, NE1/4SE1/4; Section 21, S1/2, S1/2NE1/4, SE1/4NW1/4; Section 22, all except for NW1/4NW1/4; Section 23; Section 24, that portion of SW1/4, W1/2SW1/4NW1/4 lying west of State Route 85; Section 25, that portion of the NW1/4NW1/4 lying west of State Route 85; Section 26, NW1/4, W1/2NE1/4, NE1/4NE1/4; Section 27, N1/2, SW1/4; Section 28; Section 29, N1/2N1/2, SE1/4NE1/4; Section 30, Lots 5, 6, 7, 8, NE1/4, SE1/4SE1/4; all in G & SRB & M, Maricopa County, Arizona.

26. 29. Roosevelt Lake Wildlife Area: The Roosevelt Lake Wildlife Area is that area described as follows: beginning at the junction of A-Cross Rd. and Arizona Highway 188; south on Arizona Highway 188 to the main entrance of Roosevelt Lake Marina; northeast on this road towards the main marina launch; northeast across Roosevelt Lake to the south tip of Bass Point; northerly to Long Gulch Rd.; northeast on this road to the A-Cross Rd.; northwest on the A-Cross Rd. to the point of beginning; all in G & SRB & M, Gila County, Arizona.

27. 30. Santa Rita Wildlife Area: The Santa Rita Experimental Range is that area described as follows: Concurrent with the Santa Rita Experimental Range boundary and includes the posted portion of the following sections: Sections 33 through 36, T17S, R14E, Section 25, Section 35 and Section 36, T18S, R13E, Sections 1 through 4, Sections 9 through 16, and Sections 21 through 36, T18S, R14E, Sections 3 through 9, Sections 16 through 21, Sections 26 through 34, T18S, R15E, Sections 1 through 6, Sections 9 through 16, Section 23, T19S, R14E, Sections 3 through 10, Sections 16 through 18, T19S, R15E; all in G & SRB & M, Pima County, Arizona, and all being coincidental with the Santa Rita Experimental Range Area.

28. 31. Sipe White Mountain Wildlife Area: The Sipe White Mountain Wildlife Area shall be those areas described as follows: T7N, R29E, Section 1, SE1/4, SE1/4NE1/4, S1/2NE1/4NE1/4, SE1/4SW1/4NE1/4, NE1/4SE1/4SW1/4, and the SE1/4NE1/ 4SW1/4. T7N, R30E, Section 5, W1/2W1/2SE1/4SW1/4, and the SW1/4SW1/4; Section 6, Lots 1, 2, 3, 7, and 8, SW1/4NW1/ 4NW1/4, S1/2NW1/4NE1/4SE1/4, N1/2SE1/4SE1/4, E1/2SE1/4SE1/4SE1/4, SW1/4SE1/4 and the SE1/4SW1/4; Section 7, Parcel 10: Lots 1 and 2, E1/2NW1/4, E1/2E1/2NE1/4NE1/4, W1/2SW1/4NE1/4, NW1/4SE1/4, W1/2NE1/4SE1/4, NE1/4SW1/ 4, E1/2NW1/4SW1/4, and the NW1/4NE1/4; Section 8, NW1/4NW1/4, and the W1/2W1/2NE1/4NW1/4. T8N, R30E; Section 31, SE1/4NE1/4, SE1/4, and the SE1/4SW1/4; all in G & SRB & M, Apache County, Arizona.

29. 32. Springerville Marsh Wildlife Area: The Springerville Marsh Wildlife Area shall be those areas described as follows: S1/2 SE1/ 4 Section 27 and N1/2 NE1/4 Section 34, T9N, R29E, G & SRB & M, Apache County, Arizona.

30. 33. Sunflower Flat Wildlife Area: The Sunflower Flat Wildlife Area shall be those areas described as follows: T20N, R3E; Section 11, NE1/4SE1/4, N1/2NW1/4SE1/4, SE1/4NW1/4SE1/4, NE1/4SE1/4SE1/4, W1/2SE1/4NE1/4, S1/2SE1/ 4SE1/4NE1/4, E1/2SW1/4NE1/4; Section 12, NW1/4SW1/4SW1/4, NW1/4NE1/4SW1/4SW1/4, SW1/4NW1/4SW1/4, S1/ 2NW1/4NW1/4SW1/4, W1/2SE1/4NW1/4SW1/4, SW1/4NE1/4NW1/4 SW1/4; all in the G & SRB & M, Coconino County, Arizona.

31. 34. Three Bar Wildlife Area: The Three Bar Wildlife Area shall be that area described as follows: beginning at Roosevelt Dam, northwesterly on 188 to milepost 252 (Bumble Bee Wash); westerly along the boundary fence for approximately 7 1/2 miles to the boundary of Gila and Maricopa counties; southerly along this boundary through Four Peaks to a fence line south of Buck-horn Mountain; southerly along the barbed wire drift fence at Ash Creek to Apache Lake; northeasterly along Apache Lake to Roosevelt Dam.

32. 35. Tucson Mountain Wildlife Area: The Tucson Mountain Wildlife Area shall be that area described as follows: beginning at the northwest corner of Section 33; T13S, R11E on the Saguaro National Park boundary; due south approximately one mile to the El Paso Natural Gas Pipeline; southeast along this pipeline to Sandario Rd.; south on Sandario Rd. approximately two miles to the southwest corner of Section 15; T14S, R11E, east along the section line to the El Paso Natural Gas Pipeline; southeast along this pipeline to its junction with State Route 86, also known as the Ajo Highway; easterly along this highway to the Tucson city limits; north along the city limits to Silverbell Rd.; northwest along this road to Twin Peaks Rd.; west along this road to Sandario Rd.; south along this road to the Saguaro National Park boundary; west and south along the park boundary to the point of beginning, all in G & SRB & M, Pima County, Arizona.

33. 36. Upper Verde River Wildlife Area: The Upper Verde River Wildlife Area consists of eight parcels totaling 1102.54 acres located eight miles north of Chino Valley in Yavapai County, Arizona, along the upper Verde River and lower Granite Creek described as follows:

Sullivan Lake: located immediately downstream of Sullivan Lake, the headwaters of the Verde River: the NE1/4NE1/4 lying east of the California, Arizona, and Santa Fe Railway Company right-of-way in Section 15, T17N, R2W; and also the NW1/ 4NE1/4 of Section 15 consisting of approximately 80 acres. Granite Creek Parcel: includes one mile of Granite Creek to its confluence with the Verde River: The SE1/4SE1/4 of Section 11; the NW1/4SW1/4 and SW1/4NW1/4 of Section 13; the E1/2NE1/ 4 of Section 14; all in T17N, R1W consisting of approximately 239 acres. E1/2SW1/4SW1/4, SE1/4SW1/4, NE1/4SW1/4 and NW1/4SE1/4 of Section 12, NW1/4NW1/4 of Section 13, T17N, R2W consisting of approximately 182.26 acres. Campbell Place Parcel: NE1/4NW1/4, NW1/4NE1/4, NE1/4NE1/4, SE1/4NW1/4, SW1/4NE1/4, SE1/4NE1/4, NE1/4SW1/4, NW1/4SE1/ 4, NE1/4SE1/4, NW1/4SW1/4, NE1/4SW1/4, and NW1/4SE1/4 in Section 7, T17N, R1W and SE1/4SE1/4 Section 12, T17N, R2W consisting of 315 acres. Tract 39 Parcel: the E1/2 of Tract 39 within the Prescott National Forest boundary, SE1/2SW1/4 and SW1/4SE1/4 of Section 5, T18N, R1W; and the W1/2 of Tract 39 outside the Forest boundary, SW1/4SW1/4, and SW1/ 4SW1/4 of Section 5 and NW1/4NW1/4 of Section 8, T18N, R1W consisting of approximately 163 acres. Wells Parcels: Parcel 1 and Parcel 2: all that portion of Government Lots 9 and 10, Section 7, along with Lot 3 and the SW1/4NW1/4, Section 8, located in T17N, R1W, of G & SRB & M, Yavapai County, Arizona, also known as APN 306-39-004L and 306-39-004M. Parcel 3 and Parcel 4: all that portion of the NE1/4SW1/4, NW1/4SE1/4, SW1/4SW1/4, and E1/2SW1/4SW1/4 of Section 12 and the NW1/4NW1/4 of Section 13, T17N, R2W, of G & SRB & M, Yavapai County, Arizona.

34. 37. Wenima Wildlife Area: The Wenima Wildlife Area shall be those areas described as follows: T9N, R29E; Section 5, SE1/4 SW1/4, and SW1/4 SE1/4 except E1/2 E1/2 SW1/4 SE1/4, Section 8, NE1/4 NW1/4, and NW1/4 NE1/4; Sections 8, 17 and 18, within the following boundary: From the 1/4 corner of Sections 17 and 18, the True Point of Beginning; thence N 00°12'56" E a distance of 1302.64 feet along the Section line between Sections 17 and 18 to the N1/16 corner; thence N 89°24'24" W a distance of 1331.22 feet to the NE1/16 corner of Section 18; thence N 00°18'02" E a distance of 1310.57 feet to the E1/16 corner of Sections 7 and 18; thence S 89°03'51" E a distance of 1329.25 feet to the northeast Section corner of said Section 18; thence N 01°49'10" E a distance of 1520.28 feet to a point on the Section line between Sections 7 and 8; thence N 38°21'18" E a distance of 370.87 feet; thence N 22°04'51" E a distance of 590.96 feet; thence N 57°24'55" E a distance of 468.86 feet to a point on the east-west midsection line of said Section 8; thence N 89°38'03" E a distance of 525.43 feet along said midsection line to the center W1/16 corner; thence S 02°01'25" W a distance of 55.04 feet; thence S 87°27'17" E a distance of 231.65 feet; thence S 70°21'28" E a distance of 81.59 feet; thence N 89°28'36" E a distance of 111.27 feet; thence N 37°32'54" E a distance of 310.00 feet; thence N 43°58'37" W a distance of 550.00 feet; thence N 27°25'53" W a distance of 416.98 feet to the NS1/16 line of said Section 8; thence N 02°01'25" E a distance of 380.04 feet along said 1/16 line to the NW1/ 16 corner of said Section 8; thence N 89°45'28" E a distance of 1315.07 feet along the east-west middle 1/16 line; thence S 45°14'41" E a distance of 67.69 feet; thence S 49°28'18" E a distance of 1099.72 feet; thence S 08°04'43" W a distance of 810.00 feet; thence S 58°54'47" W a distance of 341.78 feet; thence 50°14'53" W a distance of 680.93 feet to a point in the center of that cul-de-sac at the end of Jeremy's Point Rd.; thence N 80°02'20" W a distance of 724.76 feet, said point lying N 42°15'10" W a distance of 220.12 feet from the northwest corner of Lot 72; thence N 34°19'23" E a distance of 80.64 feet; thence N 15°54'25" E a distance of 51.54 feet; thence N 29°09'53" E a distance of 45.37 feet; thence N 40°09'33" E a distance of 69.21 feet; thence N 25°48'58" E a distance of 43.28 feet; thence N 13°24'51" E a distance of 63.12 feet; thence N 16°03'10" W a distance of 30.98 feet; thence N 57°55'25" W a distance of 35.50 feet; thence N 80°47'38" W a distance of 48.08 feet; thence S 87°28'53" W a distance of 82.84 feet; thence S 72°07'06" W a distance of 131.85 feet; thence S 43°32'45" W a distance of 118.71 feet; thence S 02°37'48" E a distance of 59.34 feet; thence S 23°03'29" E a distance of 57.28 feet; thence S 28°30'39" E a distance of 54.75 feet; thence S 36°39'47" E a distance of 105.08 feet; thence S 24°55'07" W a distance of 394.78 feet; thence S 61°32'16" W a distance of 642.77 feet to the northwest corner of Lot 23; thence N 04°35'23" W a distance of 90.62 feet; thence S 85°24'37" W a distance of 26.00 feet; thence N 64°21'36" W a distance of 120.76 feet; thence S 61°07'57" W a distance of 44.52 feet; thence S 39°55'58" W a distance of 80.59 feet; thence S 11°33'07" W a distance of 47.21 feet; thence S 19°53'19" E a distance of 27.06 feet; thence S 54°26'36" E a distance of 62.82 feet; thence S 24°56'25" W a distance of 23.92 feet; thence S 48°10'38" W a distance of 542.79 feet; thence S 17°13'48" W a distance of 427.83 feet to the northwest corner of Lot 130; thence S 29°10'58" W a distance of 104.45 feet to the southwest corner of Lot 130; thence southwesterly along a curve having a radius of 931.52 feet, and arc length of 417.52 feet to the southwest corner of Lot 134; thence S 15°04'25" W a distance of 91.10 feet; thence S 04º29'15" W a distance of 109.17 feet; thence S 01°41'24" W a distance of 60.45 feet; thence S 29°16'05" W a distance of 187.12 feet; thence S 14°44'00" W a distance of 252.94 feet; thence S 15°42'24" E a distance of 290.09 feet; thence S 89°13'25" E a distance of 162.59 feet; thence S 37°19'54" E a distance of 123.03 feet to the southeast corner of Lot 169; thence S 20°36'30" E a distance of 706.78 feet to the northwest corner of Lot 189; thence S 04°07'31" W a distance of 147.32 feet; thence S 29°11'19" E a distance of 445.64 feet; thence S 00°31'40" E a distance of 169.24 feet to the east-west midsection line of Section 17 and the southwest corner of Lot 194; thence S 89°28'20" W a distance of 891.84 feet along said east-west midsection line to the True Point of Beginning; all in G & SRB & M, Apache County, Arizona.

35. 38. White Mountain Grasslands Wildlife Area: The White Mountain Grasslands Wildlife Area shall be those areas described as follows:

Parcel 1 (CL1): the S1/2 of Section 24; the N1/2NW1/4 of Section 25; the NE1/4 and N1/2SE1/4 of Section 26; all in T9N, R27E of G & SRB & M, Apache County, Arizona; except all coal and other minerals as reserved to the U.S. in the Patent of said land. Parcel 2 (CL2): the SE1/4 and the SE1/4SW1/4 of Section 31, T9N, R28E of G & SRB & M, Apache County, Arizona. Parcel 3 (CL3): the NW1/4SW1/4 of Section 28; and the SW1/4S1/2SE1/4 and NE1/4SE1/4 of T9N, R28E of G & SRB & M, Apache County, Arizona. Parcel 4 (CL4): the SW1/4SW1/4 of Section 5; the SE1/4SE1/4 of Section 6; the NE1/4NE1/4 of Section 7; the NW1/4NW1/4, E1/2SW1/4NW1/4, W1/2NE1/4, SE1/4NW1/4, and that portion of the S1/2 which lies North of Highway 260, except the W1/2SW1/4 of Section 8; all in T8N, R28E of G & SRB & M, Apache County, Arizona. Parcel 1 (O1): the S1/ 2N1/2 of Section 10, T8N, R28E, of G & SRB & M, Apache County, Arizona; except that Parcel of land lying within the S1/ 2NE1/4 of Section 10, T8N, R28E, of G & SRB & M, Apache County, Arizona, more particularly described as follows: From the N1/16 corner of Sections 10 and 11, monumented with a 5/8-inch rebar with a cap marked LS 13014, said point being the True Point of Beginning; thence N 89°44'54" W a distance of 1874.70 feet along the east-west 1/16 line to a point monumented with a 1/2-inch rebar with a tag marked LS 13014; thence S 02°26'17" W a distance of 932.00 feet to a point monumented with a 1/2-inch rebar with a tag marked LS 13014; thence S 89°44'54" E a distance of 1873.69 feet to a point monumented with a 1/2-inch rebar with a tag marked LS 13014, said point being on the east line of Section 10; thence N 02°30'00" E a distance of 932.00 feet along said Section line to the True Point of Beginning. Parcel 2 (O2): the N1/2S1/2 of Section 10, T8N, R28E, of G & SRB & M, Apache County, Arizona. Except for that portion lying South of State Highway 260. Parcel 3 (O3): the SE1/4 of Section 25, T9N, R27E, of G & SRB & M, Apache County, Arizona. Parcel 4 (O4): lots 3 and 4; the E1/2SW1/4; W1/2SE1/4; and NE1/4SE1/ 4 of Section 30, T9N, R28E, of G & SRB & M, Apache County, Arizona. Parcel 5 (O5): lots 1, 2 and 3; the S1/2NE1/4; NW1/ 4NE1/4; E1/2NW1/4; and NE1/4SW1/4 of Section 31, T9N, R28E, of G & SRB & M, Apache County, Arizona. Parcel 6 (O6): beginning at the northwest corner of the SE1/4 of Section 27, T9N, R28E, of G & SRB & M, Apache County, Arizona; thence east a distance of 1320.00 feet; thence south a distance of 925.00 feet: thence west a distance of 320.00 feet to the center of a stock watering tub; thence N 83° W a distance of 1000.00 feet; thence north a distance of 740.00 feet to the point of beginning. State Land Special Use Permit: SE1/4SW1/4 of Section 5; E1/2NE1/4 of Section 08; NE1/4NW1/4 of Section 8; M&B in N1/2NW1/ 4 north of Hwy 260 of Section 17, all in T8N, R28E of the G & SRB & M, Apache County, Arizona. S1/2NW1/4 and SW1/4 of Section 26; all of Section 36, all in T9N, R27E of the G & SRB & M, Apache County, Arizona. SE1/4 lying easterly of Carnero Creek in Section 18; Lots 3 and 4, E1/2SW1/4, SE1/4, NE1/4, and SE1/4NW1/4, lying southeasterly of Carnero Creek in Section 19; NW1/4SE1/4 of Section 29, Lots 1 and 2 and NE1/4 and E1/2NW1/4 and SE1/4SE1/4 of Section 30; and Lot 4, and the NE1/4NE1/4 of Section 31; all in T9N, R28E of the G & SRB & M, Apache County, Arizona. State Grazing Lease: Legal Description of the White Mountain Grassland State Land Grazing Lease. Lots 1 thru 4, and S1/2N1/2, SW1/4, N1/2N1/2SE1/4, S SW1/ 4NW1/4SE1/4, and W1/2SW1/4SE1/4 of Section 3; Lots 1 thru 4, and the S1/2N1/2 and S1/2 of Section 4; SE1/4SW1/4 of Section 5; E1/2NE1/4, NE1/4NW1/4 of Section 8; SE1/4NE1/4 and N1/2N1/2 of Section 9; S1/2NE1/4NE1/4, SE1/4NW1/4NE1/4, W1/2NW1/4NE1/4, N1/2NW1/4, all in Section 10; NE1/4NW1/4 lying north of the centerline of State Highway 260, in Section 17, T8N, R28E of the G & SRB & M, Apache County; NE1/4, S1/2NW1/4, and the SW1/4 of Section 25, and all of Section 36; in T9N, R27E of the G & SRB & M, Apache County; a portion of the SE1/4 of Section 18 lying southeasterly of Carnero Creek, Lots 3 and 4, E1/2SW1/4, SE1/4, NE1/4, and SE1/4NW1/4 lying southeast of Carnero Creek in Section 19; all of Section 20 and Section 21; SW1/4NE1/4, S1/2NW1/4, and M&B in N1/2SW1/4, of Section 27; N1/2E1/2SW1/4, SW1/4SW1/4 and SE1/4 of Section 28; Lots 1 and 2, and NE1/4, E1/2NW1/4, and SE1/4SE1/4 of Section 30; Lot 4 and NE1/4NE1/4 of Section 31; all of Section 32 and Section 33, in T9N, R28E, in the G & SRB & M, Apache County. SE1/4NE1/4SE1/4 of Section 31; T09N, R28E, G & SRB & M, Apache County, Arizona.

36. 39. Whitewater Draw Wildlife Area: The Whitewater Draw Wildlife Area shall be those areas described as follows:

T21S, R26E; Section 19, S1/2 SE1/4; Section 29, W1/2 NE1/4, and E1/2 NE1/4; Section 30, N1/2 NE1/4; Section 32; T22S, R26E; Section 4, Lots 3 and 4; T22S, R26E; Section 5, Lots 1 to 4, except an undivided 1/2 interest in all minerals, oil, and/or gas as reserved in Deed recorded in Docket 209, page 117, records of Cochise County, Arizona.

37. 40. Willcox Playa Wildlife Area: The Willcox Playa Wildlife Area shall be that area within the posted Arizona Game and Fish Department fences enclosing the following described area: beginning at the Section corner common to Sections 2, 3, 10 and 11, T15S, R25E, G & SRB & M, Cochise County, Arizona; thence S 0°15'57" W a distance of 2645.53 feet to the east 1/4 corner of Section 10; thence S 89°47'15" W a distance of 2578.59 feet to the center 1/4 corner of Section 10; thence N 1°45'24" E a distance of 2647.85 feet to the center 1/4 corner of Section 3; thence N 1°02'42" W a distance of 2647.58 feet to the center 1/4 corner of said Section 3; thence N 89°41'37" E to the common 1/4 corner of Section 2 and Section 3; thence S 0°00'03" W a distance of 1323.68 feet to the south 1/16 corner of said Sections 2 and 3; thence S 44°46'30" E a distance of 1867.80 feet to a point on the common Section line of Section 2 and Section 11; thence S 44°41'13" E a distance of 1862.94 feet; thence S 44°42'35" E a distance of 1863.13 feet; thence N 0°13'23" E a distance of 1322.06 feet; thence S 89°54'40" E a distance of 1276.24 feet to a point on the west right-of-way fence line of Kansas Settlement Rd.; thence S 0°12'32" W a distance of 2643.71 feet along said fence line; thence N 89°55'43" W a distance of 2591.30 feet; thence N 0°14'14" E a distance of 661.13 feet; thence N 89°55'27" W a distance of 658.20 feet; thence N 0°14'39" E a distance of 1322.36 feet; thence N 44°41'19" W a distance of 931.44 feet; thence N 44°40'31" W a distance of 1862.85 feet to the point of beginning. Said wildlife area contains 543.10 acres approximately.

C. Department Controlled Properties are described as follows: Hirsch Conservation Education Area and Biscuit Tank: The Hirsch Conservation Education Area and Biscuit Tank shall be that area lying in Section 3 T5N R2E, beginning at the north-east corner of Section 3,T5N, R2E, G & SRB & M, Maricopa County, Arizona; thence S 35°33'23.43" W a distance of 2938.12 feet; to the point of true beginning; thence S 81°31'35.45" W a distance of 147.25 feet; thence S 45°46'21.90" W a distance of 552.25 feet; thence S 21°28'21.59" W a distance of 56.77 feet; thence S 16°19'49.19" E a distance of 384.44 feet; thence S 5°27'54.02" W a distance of 73.43 feet; thence S 89°50'44.45" E a distance of 431.99 feet; thence N 4°53'57.68" W a distance of 81.99 feet; thence N 46°49'53.27" W a distance of 47.22 feet; thence N 43°3'3.68" E a distance of 83.74 feet; thence S 47°30'40.79" E a distance of 47.71 feet; thence N 76°2'59.67" E a distance of 105.91 feet; thence N 15°45'0.24" W a distance of 95.87 feet; thence N 68°48'27.79" E a distance of 69.79 feet; thence N 8°31'53.39" W a distance of 69.79 feet; thence N 30°5'32.34" E a distance of 39.8 feet; thence N 46°17'32.32" E a distance of 63.77 feet; thence N 22°17'26.17" W a distance of 517.05 feet to the point of true beginning.

History

• New Section adopted by exempt rulemaking at 6 A.A.R. 1731, effective May 1, 2000 (Supp. 00-2). Amended by exempt rulemaking at 9 A.A.R. 3141, effective August 23, 2003 (Supp. 03-2). Amended by exempt rulemaking at 11 A.A.R. 1927, effective May 20, 2005 (Supp. 05-2). Amended by exempt rulemaking at 16 A.A.R. 397, effective March 5, 2010 (Supp. 10-1). Amended by exempt rulemaking at 17 A.A.R. 800, effective June 20, 2011 (Supp. 11-2). Amended by exempt rulemaking at 18 A.A.R. 1070, effective June 15, 2012 (Supp. 12-2). Amended by exempt rulemaking at 19 A.A.R. 931, effective June 17, 2013 (Supp 13-2). Amended by exempt rulemaking at 20 A.A.R. 841, effective 6/17/2014. Amended by exempt rulemaking at 22 A.A.R. 951, effective 6/7/2016. Amended by exempt rulemaking at 22 A.A.R. 2209, effective 10/4/2016. Amended by final exempt rulemaking at 27 A.A.R. 242, effective 4/5/2021.

Ariz. Admin. Code § R12-4-804 Renumbered

History

• New Section made by exempt rulemaking at 9 A.A.R. 1424, effective June 14, 2003 (Supp. 03-2). Amended by exempt rulemaking at 17 A.A.R. 800, effective June 20, 2011 (Supp. 11-2). Renumbered to R12-4-125 by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016.

Article 9 AQUATIC INVASIVE SPECIES

Ariz. Admin. Code § R12-4-901 Definitions

In addition to the definitions provided under A.R.S. §§ 5-301 and 17-255, the following definitions apply to this Article, unless otherwise specified:

"Aquatic invasive species" means those species listed in Director's Order 1.

"Certified agent" means a person who meets Department standards to conduct inspections authorized under A.R.S. § 17-255.01(C)(1).

"Conveyance" means a device designed to carry or transport water. Conveyance includes, but is not limited to, dip buckets, water hauling tanks, and water bladders.

"Equipment" means an item used either in or on water; or to carry water. Equipment includes, but is not limited to, trailers used to launch or retrieve watercraft, rafts, inner tubes, kick boards, anchors and anchor lines, docks, dock cables and floats, buoys, beacons, wading boots, fishing tackle, bait buckets, skin diving and scuba diving equipment, submersibles, pumps, sea planes, and heavy construction equipment used in aquatic environments.

"Operator" means a person who operates or is in actual physical control of a watercraft, vehicle, conveyance or equipment.

"Owner" means a person who claims lawful possession of a watercraft, vehicle, conveyance, or equipment.

"Person" has the same meaning as defined under A.R.S. § 1-215.

"Release" means to place, plant, or cause to be placed or planted in waters.

"Transporter" means a person responsible for the overland movement of a watercraft, vehicle, conveyance, or equipment.

"Waters" means surface water of all sources, whether perennial or intermittent, in streams, canyons, ravines, drainage systems, canals, springs, lakes, marshes, reservoirs, ponds, and other bodies or accumulations of natural, artificial, public or private waters situated wholly or partly in or bordering this state.

History

• New Section made by final rulemaking at 11 A.A.R. 1109, effective April 30, 2005 (Supp. 05-1). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Section R12-4-901 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 757, effective March 31, 2015 (Supp. 15-2). New Section R12-4-901 renumbered from R12-4-1101 by final expedited rulemaking at 24 A.A.R. 407, effective February 6, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-4-902 Aquatic Invasive Species; Prohibitions; Inspection, Decontamination Protocols

A. A person shall not, unless authorized under Article 4:

1. Possess, import, ship, or transport into or within this state an aquatic invasive species, unless authorized by the Director.

2. Sell, purchase, barter, or exchange in this state an aquatic invasive species.

3. Release an aquatic invasive species into waters or into any water treatment facility, water supply or water transportation facility, device or mechanism in this state.

B. Upon removing a watercraft, vehicle, conveyance, or equipment from any waters listed in Director's Order 2 and prior to transport, a person shall:

1. Remove all clinging materials such as plants, animals, and mud.

2. Remove all plugs and other valves or devices that prevent water drainage from all compartments that may retain water, such as ballast tanks, ballast bags, bilges, and ensure plugs or devices remain removed or open during transport.

3. If no plugs or barriers exist, take reasonable measures to drain or dry all compartments or spaces that may retain water. Reasonable measures include, but are not limited to, emptying bilges, application of absorbents, or ventilation.

C. Before transporting a watercraft, vehicle, conveyance, or equipment to any waters located within or bordering this state from waters or locations listed in Director's Order 2, a person shall comply with the mandatory conditions and protocols identified in Director's Order 3 for decontamination of water-craft, vehicles, conveyances, and equipment.

D. Department employees, certified agents, and Arizona peace officers authorized under A.R.S. § 17-104 may inspect a watercraft, vehicle, conveyance, or equipment for the purposes of determining compliance with A.R.S. Title 17, Chapter 2, Article 3.1 and this Section.

E. If the presence of an aquatic invasive species is documented or suspected on or in a watercraft, vehicle, conveyance, or equipment, a Department employee or any Arizona peace officer may order a person to decontaminate or cause to be decontaminated such watercraft, vehicle, conveyance, or equipment using the mandatory protocols described in Director's Order 3.

F. The following Director's Orders are available at any Department office and online at azgfd.gov:

1. Director's Order 1 - Listing of Aquatic Invasive Species for Arizona,

Director's Order 2 - Designation of Waters or Locations Where Listed Aquatic Invasive Species are Present, and

3. Director's Order 3 - Mandatory Conditions on the Movement of Watercraft, Vehicles, Conveyances, or Other Equipment from Listed Waters Where Aquatic Invasive Species are Present.

G. This Section does not apply to owners and operators exempt under A.R.S. § 17-255.04.

History

• New Section made by final rulemaking at 11 A.A.R. 1109, effective April 30, 2005 (Supp. 05-1). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Section R12-4-902 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 757, effective March 31, 2015 (Supp. 15-2). New Section R12-4-902 renumbered from R12-4-1102 and amended by final expedited rulemaking at 24 A.A.R. 407, effective February 6, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-4-903 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 1109, effective April 30, 2005 (Supp. 05-1). R12-4-903 renumbered to R12-4-904; new Section R12-4-903 renumbered from R12-4-904 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Section R12-4-903 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 757, effective March 31, 2015 (Supp. 15-2).

Ariz. Admin. Code § R12-4-904 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 1109, effective April 30, 2005 (Supp. 05-1). R12-4-904 renumbered to R12-4-903; new Section R12-4-904 renumbered from R12-4-903 and amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Section R12-4-904 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 757, effective March 31, 2015 (Supp. 15-2).

Ariz. Admin. Code § R12-4-905 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 1109, effective April 30, 2005 (Supp. 05-1). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Section R12-4-905 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 757, effective March 31, 2015 (Supp. 15-2).

Ariz. Admin. Code § R12-4-906 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 1109, effective April 30, 2005 (Supp. 05-1). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Section R12-4-906 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 757, effective March 31, 2015 (Supp. 15-2).

Article 10 OFF-HIGHWAY VEHICLES

Ariz. Admin. Code § R12-4-1001 Minimum Standards for an Approved Off-highway Vehicle Educational Course

The Department may approve an educational course of instruction in basic off-highway vehicle (OHV) safety and environmental ethics, provided the course meets the following minimum standards:

1. Course content. The course shall provide information regarding:

a. OHV safety;

b. Responsibilities of users of OHVs;

c. Use of an OHV in a manner that does not harm the natural terrain, plants, or animals;

d. Use of an OHV in a manner that minimizes air pollution; and

e. State statutes and rules regarding use of OHVs.

2. Course procedures. The course provider shall:

a. Use a written examination to measure the extent to which a participant learned the course content; and

b. Provide a certificate of completion to a participant who receives a score of 80% or above on the written examination or that demonstrates an equivalent proficiency.

History

• Adopted by final rulemaking at 25 A.A.R. 1860, effective 8/31/2019.

Ariz. Admin. Code § R12-4-1002 Course-approval Procedure

A. To obtain approval of an educational course of instruction in basic off-highway vehicle (OHV) safety and environmental ethics, the course provider shall submit an application to the Department's OHV Law Enforcement Program Manager using a form furnished by the Department. The provider shall include the following information on the application form:

1. Name of provider;

2. If the provider is not an individual, the name of the person who will maintain contact with the Department;

3. Business address;

4. Business email address; and

5. Business and contact telephone numbers.

B. In addition to the application form required under subsection (A), a provider shall include a copy of all of the following:

1. The curriculum that will be used to provide the educational course;

Any materials that will be provided to course participants;

3. The written examination required under R12-4-1001(2)(a); and

4. The certificate of completion required under R12-4-1001(2)(b).

C. The Department shall either approve or deny a request to approve an educational course within 60 days of receiving the application. The Department shall not approve an educational course that fails to meet the requirements established under R12-4-1001 or this Section. The Department shall provide a written notice to the course provider stating the reason for the denial.

D. The provider of an educational course of instruction that is not approved by the Department may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted by final rulemaking at 25 A.A.R. 1860, effective 8/31/2019.

Ariz. Admin. Code § R12-4-1003 Fee for an Approved Course

Under A.R.S. § 28-1175(B), the provider of an approved educational course of instruction in basic off-highway vehicle safety and environmental ethics may collect a fee from each participant that:

1. Is reasonable and commensurate for the course, and

Does not exceed $300.

History

• Adopted by final rulemaking at 25 A.A.R. 1860, effective 8/31/2019.

Ariz. Admin. Code § R12-4-1004 Off-highway Vehicle Sound-level Requirements

A. A peace officer who has reason to believe that an off-highway vehicle (OHV) is being operated in violation of A.R.S. § 28-1179(A)(3) may direct the operator to submit the OHV to an onsite test to measure the OHV's sound level. In accordance with A.R.S. § 28-1179(A)(3), the sound level of an OHV shall be measured using the following procedures, which are incorporated by reference and are available for inspection at the Arizona Game and Fish Department, 5000 W. Carefree Highway, Phoenix, Arizona 85086:

1. All terrain vehicle or motorcycle. Society of Automotive Engineers, J1287, Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, April 2017, available from SAE International, 400 Commonwealth Dr., Warrendale, PA 15096 or online at www.sae.org; and

2. Other OHV. International Organization for Standardization, ISO 5130:2007, Acoustics-Measurements of Sound Pressure Level Emitted by Stationary Road Vehicles, 2007, May 31, 2007 Edition 2, available from American National Standards Institute, Attention Customer Service Department, 25 W. 43rd St., 4th Floor, New York, NY 10056 or online at www.iso.org.

B. If a peace officer directs the operator of an OHV to submit the OHV to an onsite test to measure the OHV's sound level, the operator shall allow the OHV and associated equipment to be tested. If the peace officer believes that more than one test of the OHV's sound level is necessary to ensure that an accurate measure is obtained, the operator shall allow multiple tests.

C. If it is determined that an OHV is being operated in violation of A.R.S. § 28-1179(A)(3), the operator of the OHV shall:

1. Immediately stop operating the OHV; and

Ensure the vehicle is not operated again until it can be operated in compliance with A.R.S. § 28-1179(A)(3), except:

a. During a period of emergency; or

b. When the operation is directed by a peace officer or other public authority.

D. This Section does not include any later amendments or editions of the incorporated materials.

History

• Adopted by final rulemaking at 25 A.A.R. 1860, effective 8/31/2019.

Ariz. Admin. Code § R12-4-1005 Nonresident Off-highway Vehicle User Indicia

A. The owner or operator of an all-terrain vehicle (ATV) or off-highway vehicle (OHV) as defined under A.R.S. § 28-1171 shall not operate the ATV or OHV off-highway in this state without an Arizona off-highway vehicle user indicia. This requirement only applies to an ATV or OHV that:

1. Is designed by the manufacturer primarily for travel over unimproved terrain.

2. Has an unladen weight of two thousand five hundred pounds or less.

B. For lawful Arizona off-highway operation, the owner or operator of a qualifying nonresident ATV or OHV shall apply to the Department for an off-highway vehicle user indicia as prescribed under A.R.S. § 28-1177. The owner or operator shall submit to the Department:

1. The nonresident off-highway vehicle user indicia application furnished by the Department and available on the Department's website,

2. The fee established under subsection (C)(1), and

3. The convenience fee established under subsection (C)(2).

C. As authorized under A.R.S. § 28-1177:

1. The fee for the nonresident off-highway vehicle user indicia is $25.

2. The Department may also collect and retain a reasonable and commensurate fee for its services.

D. The owner or operator of the ATV or OHV titled or registered out-of-state shall display the nonresident off-highway user indicia in a manner that is clearly visible to outside inspection:

1. For vehicles with three or more wheels, on the left side rear quadrant of the vehicle.

2. For two-wheeled vehicles, the indicia shall be displayed on the left fork leg.

E. A printed receipt or an electronic copy of the receipt of payment for an annual decal that is purchased online shall serve as a temporary permit for a period of 30 days from the date of purchase.

F. Under A.R.S. § 28-1178, a person may operate an ATV or OHV in this state without the nonresident off-highway user indicia required under A.R.S. § 28-1177 when any one of the following applies:

1. The person is loading or unloading an ATV or OHV from a vehicle.

2. The person is participating in an off-highway special event.

3. The person is operating an ATV or OHV:

a. During an emergency or as directed by a peace officer or other public authority.

b. Exclusively for agriculture, ranching, construction, mining or building trade purposes.

c. Exclusively on private land.

History

• Adopted by final rulemaking at 25 A.A.R. 1860, effective 8/31/2019.

Article 11 RENUMBERED

Ariz. Admin. Code § R12-4-1101 Renumbered

History

• New Section made by final rulemaking at 18 A.A.R. 196, effective January 10, 2012 (Supp. 12-1). Section R12-4- 1101 renumbered to R12-4- 901 by final expedited rulemaking at 24 A.A.R. 407, effective February 6, 2018 (Supp. 18-1)

Ariz. Admin. Code § R12-4-1102 Renumbered

History

• New Section made by final rulemaking at 18 A.A.R. 196, effective January 10, 2012 (Supp. 12-1). Section R12-4- 1102 renumbered to R12-4- 902 by final expedited rulemaking at 24 A.A.R. 407, effective February 6, 2018 (Supp. 18-1).

Ariz. Admin. Code § R12-4-1103 Emergency Expired

History

• Emergency expired (Supp. 14-1).

Ariz. Admin. Code § R12-4-1104 Emergency Expired

History

• Emergency expired (Supp. 14-1).

Chapter 5 STATE LAND DEPARTMENT

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R12-5-101 Definitions

Unless the context otherwise requires, a word, term, or phrase that is defined in A.R.S. Title 27, Chapter 2 or Title 37 has the same meaning when used in this Chapter. Except as otherwise stated, the following definitions of words, terms, and phrases apply to this Chapter.

1. "Best interest of the state" means best interest of the Trust.

2. "Common mineral materials and products" means cinders, sand, gravel and associated rock, fill-dirt, common clay, disintegrated granite, boulders and loose float rock, waste rock, and materials of similar occurrence commonly used as aggregate road material, rip-rap, ballast, borrow, or fill for general construction and similar purposes.

3. "Contiguous" means two parcels of land that have at least part of one side in common or have a corner touching.

4. "Existing Road" means any maintained or unmaintained way, road, highway, trail, or path that has been utilized for motorized vehicular travel and clearly shows or has a history of established vehicle use. A one-time use or single set of vehicle tracts created by an off-highway vehicle does not constitute a road under this definition.

4.5. "Grantee" means the holder of a right-of-way and includes the holder of an approved assignment of a right-of-way other than an assignment for the purpose of granting a security interest.

5.6. "Lease" means any validly executed document that entitles the lessee to surface or subsurface use or occupancy of State Trust Land excluding an assignment for the purposes of granting a security interest.

6.7. "Lessee" means the holder of a lease excluding an assignment for the purpose of granting a security interest.

7.8. "Lessor" means the Department.

9. "Linear Right-of-Way" means a right-of-way issued for State Trust Land for utilities (including without limitation water, electrical, and communication) which are linear and non-exclusive.

8.10. "Natural product" means any material or substance occurring in its native state that when extracted, is subject to depletion and includes water, vegetation, and common mineral products and materials that are severable from the land, except geothermal resources and those substances subject to the mineral exploration permit and mineral leasing laws of this State.

9.11. "Non-conflicted application" means an application for the use of State Trust Land that is not conflicted by one or more applications for the same use of the land filed within the time-frame for a conflicting application to be filed under A.R.S. § 37284.

12. "Non-Linear Right-of-Way" means a right-of-way issued for State Trust Land for utilities (including without limitation water, electrical, and communication) such as reservoirs, dam sites, and power or irrigation plant sites which are non-linear or appurtenant to a Linear Right-of-Way, inherently exclusive, and not otherwise classified as commercial.

10.13. "Party" means a person or agency named or admitted as a party in a proceeding or someone seeking to intervene and may include the Department.

14. "Partial Patent" means a patent for less than an entire tract covered under a Certificate of Purchase.

15. "Patent" means a land grant conveying title from the Department to a purchaser.

11.16. "Permit" or "Special Land Use Permit" means any Department-issued document that entitles the permittee a non-exclusive right to use the surface or subsurface of State Trust Land, excluding an assignment for the purposes of granting a security interest, and does not grant any interest in the land.

12.17. "Permittee" means the holder of a permit excluding an assignment for the purpose of granting a security interest.

13.18. "Person" includes those identified in A.R.S. § 1-215 as well as trusts and governmental entities, including political subdivisions, and municipal corporations.

14.19. "Public Records" means the area designated by the Commissioner within the offices of the Department for the submission of all documents to be filed with the Department.

15.20. "Right-of-Way" means a non-exclusive right of use and passage over, through, or beneath the surface of State Trust Land for an express purpose or to travel to a specific location, and includes Linear Right-of-Ways and Non-Linear Right-of-Ways.

16. "Special Land Use Permit" means a Department-issued document that entitles a permittee to occupy or use State lands for an express purpose, not otherwise expressly provided for by law, and for a specific duration.

21. "State Land(s)", "State Trust Land(s)", or "Trust Land(s)" means any land held in trust by the State and administered by the Arizona State Land Department pursuant to the Enabling Act, Constitution, and Titles 37 and 27 of Arizona Revised Statutes.

17.22. "Sublease" means an agreement between a lessee and a third person to lease the property where the lessee retains an interest in the lease.

23. "Subsurface Lessee" means the holder of a lease of the subsurface estate of any State Trust Land for oil and gas, mineral, or other similar natural products.

24. "Surface Lessee" means the holder of a lease of the surface estate of any State Trust Land for grazing, agricultural, commercial, homesite, or use or removal of natural products.

History

• Original rule, Ch. I (Supp. 76-4). Section R12-5-101 renumbered from Section R12-5-01 (Supp. 93-3). Section repealed, new Section adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021. Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-102 Computation or Extension of Time

A. Computation of time. In computing any time period prescribed or allowed under this Chapter, except a time period prescribed under Article 2 of this Chapter, the Department shall:

1. Exclude the day from which the designated time period begins to run;

Include intermediate Saturdays, Sundays, and legal holidays except when a time period is 10 days or less, the Department shall exclude Saturdays, Sundays, and legal holidays;

3. Include the last day of the period is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or a legal holiday; and

4. Add five days to the time period when service of process is given by certified mail and no return receipt has been provided.

B. Extension of time. At the Commissioner's initiative, or upon request, the Commissioner may extend any time period to perform or complete any ordered or required action. The Commissioner shall extend a time period only if the person making a request shows good cause for the extension.

History

• Original rule, Subchapter A, Ch. II (Supp. 76-4). Section R12-5-102 renumbered from Section R12-5-02 (Supp. 93-3). Section repealed effective August 2, 1994 (Supp. 94-3). New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-103 Records; Correction of Errors; Public Docket; Removal of Records

A. Record. The Department shall stamp every document and other object physically filed in the Department to record date and time of receipt. When a document is electronically filed, the electronic record shall serve to record the date and time of receipt. A filed document or other object constitutes a part of the record and is available for public inspection, except as prohibited by statute, at any time during the office hours of the Department.

B. Correction of errors. On the Commissioner's own initiative or upon request by a party, the Commissioner may correct a manifest typographical or clerical error in a decision, order, instrument, or other record of the Department resulting from oversight or omission. The Commissioner shall provide notice of any correction in the form the Commissioner deems appropriate.

C. Public docket. A person may obtain a copy of a public docket, maintained by the Department pursuant to A.R.S. § 37-102(F), listing the matters pending before the Department by requesting a copy in person at the Phoenix Office or by mail or e-mail. The Department shall charge to cover the costs of copying a public docket in accordance with A.R.S. § 39-121.01.

D. Removal of papers. A person shall not remove an instrument, document, or other paper or object on file with the Department from the Department, except as authorized by the Commissioner, the Commissioner's duly appointed deputy or employee or by order of a court of competent jurisdiction.

History

• Adopted effective May 13, 1977 (Supp. 77-3). Correction, omission from subsection (A) in Supp. 77-3 (Supp. 77-6). Section R12-5-103 renumbered from Section R12-5-03 (Supp. 93-3). Section repealed effective August 2, 1994 (Supp. 94-3). New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-104 Application Forms, Filing Requirements and Restrictions, and Rights

A. Forms. A person shall submit an application, report, or other document to be filed with the Department upon a form prescribed by the Department when applicable. The Department may require an applicant to furnish any information necessary, and forms may be changed from time to time.

B. Legal status. A corporation, limited partnership, association, or other entity authorized to conduct business in this state that is applying to purchase, lease, or sublease State Trust Land or any interest in State Trust Land shall state in its application that it is authorized to conduct business in this state.

C. Requirement to pay fees to file documents. A person shall submit an application, report, document, or other instrument simultaneous with payment of any required fee.

D. Incomplete or deficient applications and filings. If any application, or any of an application's corresponding attachments, does not contain the information required by statute or this Chapter, the Department shall immediately provide written notice of the deficiency to the applicant. The Department shall then allow 30 days from the date on the written notice from the Department for the applicant to cure the deficiency. If additional time is needed to cure the deficiency, the applicant may request an extension of time pursuant to R12-5-102(B). If a deficiency is not timely cured, the application cannot be processed on its merits and shall be deemed withdrawn. An application shall be made a record of the Department when an application is deemed complete.

E. Restrictions on filing documents unrelated to State Trust Land. The Department shall accept for filing other instruments relating to State Trust Land, such as corporation papers, liens, or mortgages, powers of attorney, affidavits of heirship, death certificates, and other legal documents.

D. F. Application confers no rights. A pending application to lease, purchase, or use State Trust Land confers no rights to the applicant.

The Department may allow a lessee who files a conflicted or non-conflicted application for renewal of a lease to remain in possession or continue to occupy or use the land in accordance with the provisions of the lease sought to be renewed until the application to renew is granted or denied if:

a. The rent is current;

b. The lessee is in possession, or otherwise occupies or uses the land; and

c. The lessee is in good standing under the lease sought to be renewed.

2. A lessee who remains in possession or continues to occupy or use the land in accordance with the provisions of the lease with the Department's permission under this Section shall pay any rent or other monies owed, such as penalty and interest on delinquent rent or irrigation district assessments. If a prior lessee or permittee should not be awarded a renewed lease or permit, the Department shall assess and collect from said lessee or permittee the reasonable value of the use of said land pending action upon the application to renew said lease or permit.

History

• New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021. Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-105 Drafting, Terms, and Execution of Instruments and Contracts

A. Forms. All instruments and contracts issued by the Department shall be on forms prescribed by the Department.

B. Terms. All instruments and contracts shall contain such provisions, covenants, conditions, and restrictions as may be prescribed by the Department.

A. C. Process for execution of documents. Upon approval of an application, the Department shall mail out two unsigned, duplicate original copies of the document to be signed by the applicant. The applicant shall sign both duplicate originals of the document or instrument requiring signature in the same manner as the person's name appears of record with the Department or in the manner which the person is requesting the Department issue a new document or instrument. The applicant shall return both signed duplicate originals of the document or instrument to the Department. After execution by the Commissioner, one copy of the signed instrument shall be returned to the applicant.

D. Failure to execute document. If the Department offers out a contract for execution and an applicant does not execute and mail the contract, together with full payment as indicated by the included statement, within 60 days from the date of mailing by the Department, the application shall be deemed withdrawn; provided, however, that should the applicant object to an appraised rental value, they may appeal the appraisal as provided by law and the rules and regulations of the Department to the Board of Appeals of the State Land Department without prejudice to his rights to the offered contract.

B. E. If a document is executed for the benefit of:

1. One individual, the document shall be signed by that individual or by an authorized representative of the individual;

2. More than one individual, the document shall be signed by each individual or by the individual's authorized representative; or

3. A business entity or an association of any kind, the document shall be signed by an authorized representative of the entity or association.

History

• New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021. Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-106 Assignments; Subleases

A. The Department shall not recognize or approve an assignment or sublease of any right, entitlement, or interest, in whole or in part, in State Trust Land, or possession, occupancy, or right to remove anything therefrom, in whole or in part, from State Trust Land unless:

1. The person has filed a complete application for the assignment or sublease no later than 90 days immediately preceding the expiration of the term; and

2. The person is not in default; and

3. The person is expressly allowed to assign or sublease by the instrument governing the rights and interests it seeks to assign or sublease; and

4. The person has paid rent for the upcoming year if the application has been filed less than 30 days prior to the rent due date; and

2.5. In the case of an assignment, the Department has approved the assignment in writing; or

6. In the case of a sublease, the Department has approved the sublease in writing, unless a lease expressly permits otherwise.

B. In the event an assignment application is for a partial assignment, the applicant must submit:

1. A description of both the land being transferred and the remaining land by legal subdivision or by metes and bounds based on actual survey upon which acreage can be determined;

2. A map or such survey, if required by the Department

C. No assignment shall be made without the consent of all parties of record in the Department in writing who may have a lien or encumbrance upon the applicable interest in the land. The assignee shall assume all rights and obligations of the assignor.

D. After the Department approves an application for assignment, the assignor and assignee shall execute the assignment pursuant to A.R.S. § 37-281(B).

B. E. In addition to the conditions and provisions of the lease sought to be subleased, any approved sublease is subject to further conditions and provisions as the Department may determine as necessary to further the best interest of the Trust, including but not limited to provisions relating to ownership of improvements on the lease and disposition of proceeds relating to the improvements.

C. F. The Department may cancel a lease if a sublessee violates a provision of a lease.

D. G. The Department shall hold the lessee and sublessee jointly and severally liable for damages arising out of a violation of a provision of a lease by a sublessee.

E. H. The Department shall not approve a sublease of a sublease ("sub-sublease") for State Trust Land.

History

• New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021. Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-107 Fees; Remittances

A. A person shall pay fees and other remittances, except for filing fees outlined in R12-5-1201, to the Department by cash, money order, bank draft, or check payable to the "Arizona State Land Department." A person shall pay filing fees pursuant to R12-5-1201 to the Department by cash, credit card, money order, bank draft, or check payable to the "Arizona State Land Department".

B. A person shall pay all billing statements issued by the Department, whether relating to rent, royalty, or other monies owed to the Department, within 30 days of the date of issuance, unless otherwise specified on the billing statement. If payment is not postmarked or is not electronically receipted on or before the close of business on the due date, the Department shall assess penalty and interest as required by law.

C. The Department is not responsible for any payment not personally hand delivered and receipted for by the Cashier in the Department's Phoenix Office. The Department shall not credit any payment not received.

History

• New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-108 Predecision Administrative Hearing

The Commissioner may initiate a predecision administrative hearing to investigate an issue, gather information, or review facts to assist the Commissioner in the decision-making process before issuing a decision on any matter pending before the Department.

History

• New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-109 Rejection of Hearing Request

The Commissioner shall reject any request for a hearing under A.R.S. Title 41, Chapter 6 that the Commissioner determines not to be subject to A.R.S. Title 41, Chapter 6.

History

• New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Article 2 PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER

Ariz. Admin. Code § R12-5-201 Applicability

This Article applies to a hearing resulting from a protest of an auction pursuant to A.R.S. § 37-301, hereinafter referred to in this Article as "a hearing."

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-202 Appointment of Hearing Officer

A. The Commissioner may serve as the hearing officer or may appoint a hearing officer to conduct a hearing under A.R.S. § 37-301.

B. If a hearing officer, for any reason, cannot continue to preside at the hearing, the Commissioner shall appoint a new hearing officer.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-203 Ex Parte Communications

A party shall not communicate on matters substantive to the hearing, either directly or indirectly, with the hearing officer, the Commissioner, the Deputy Commissioner, or any member of the Commissioner's staff involved in the decision-making process unless:

1. All parties are present; or

2. It is during a scheduled proceeding where an absent party fails to appear after proper notice under R12-5-210.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-204 Failure to Appear

If a party fails to appear at a hearing, the hearing officer may vacate the hearing or allow the appearing party to present evidence.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-205 Representation

A party may participate in a hearing in person or through an attorney, except that a corporation shall be represented by an attorney. A partnership may appear through any partner, an association through a key administrator or other executive officer, and an agency or a political subdivision or unit of a political subdivision may appear through an employee.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-206 Notice of Hearing

A. Upon determination by the Commissioner that a hearing will be held, the Department shall issue a notice of hearing that contains:

1. A caption referencing the Department's case number, a brief description of the matter to be heard, the name or names of the parties and their status, or both;

2. The date, time, and place of the hearing;

3. A reference to the particular sections of the statutes and rules under which the hearing is to be held;

4. A short, plain statement of the matter to be heard;

5. The name, mailing address, and telephone number of the hearing officer;

6. The names and mailing addresses of persons to whom notice is being given; and

7. Any other information required by statute or rule.

B. An applicant for sale or long-term lease of State Trust land is a party to an administrative hearing conducted under A.R.S. § 37-301.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-207 Hearing Record

A. After the notice of hearing is issued, the hearing file shall be available for inspection at the Department's Public Records Office, Phoenix, during regular business hours.

B. Hearings shall be electronically recorded or stenographically reported by the Department. The hearing officer shall designate the official record of the proceedings. If a hearing is recorded electronically, the tapes shall be available for review in the Department's Public Records Office, Phoenix, during regular business hours. The cost for copies of tapes shall be paid by the person requesting them. The Department shall maintain the original transcript of the official record of the proceeding, if available, as part of the hearing file.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-208 Consolidation

When multiple protests of the same auction are pending before the Department, the Department may consolidate the protests into a single hearing.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-209 Filing

All papers filed with the Department in a hearing shall be typewritten or legibly written on paper no larger than 8 1/2 by 11 inches, include the name and address of the party or individual filing the paper, be properly captioned and designate the title and case number, state the name and address of each party served with a copy, and be signed by the party or, if represented, by the party's attorney. The signature certifies that the signer has read the paper, that to the best of the signer's knowledge, information, and belief there is good ground to support its contents, and that it is not filed for delay.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-210 Service; Proof of Service

A. After a notice of hearing is issued, a copy of every paper filed by a party, or person seeking to intervene, shall be served on all parties to the hearing, or the party's counsel if the party is represented, at the same time the paper is filed. Service is complete at the time of personal service or on the date mailed if served by certified or regular mail addressed to the last address of record in the hearing file.

B. The following is evidence that service is complete:

1. If personally served, an affidavit of personal service, sworn to by the person serving the paper and stating that the server personally served the paper on the person to whom it was directed, where service was made, and the date of service;

2. If served by certified mail, the return receipt signed by the party served or someone authorized to act on behalf of the party served; or

3. If served by regular mail, either a statement subscribed on the paper filed with the Department, or an affidavit indicating the date mailed and listing those to whom it was mailed.

C. The Department shall serve the notice of hearing decision and final order, either by personal service or by certified mail. The Department or a party shall serve all other papers by regular or certified mail or by personal service.

D. When a party is represented by an attorney, service shall be made on the attorney. If a notice of hearing shows service on the Attorney General, all papers served thereafter shall be served on the Assistant Attorney General named on the notice of hearing or who later appears on behalf of the Department, or, if no Assistant Attorney General is named, on the Attorney General, State Government Division, Chief Counsel, Natural Resources Section.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-211 Subpoenas

A. The hearing officer may issue subpoenas for witnesses to appear and testify at the hearing or to produce books, records, documents, and other evidence, or both, on the hearing officer's own volition or at the request of a party.

B. A request for a hearing subpoena shall be in writing, filed with the hearing officer, and served on each party at least seven days before the date set for hearing and state:

1. The caption of the hearing, the case number, and the date, time, and place where the witness is expected to appear and testify;

2. The name and address of the witness or custodian of records subpoenaed; and

3. The documents subpoenaed, if any.

C. The hearing officer shall grant the request if the hearing officer determines there is reasonable need, such as relevant facts expected to be established by the person or document subpoenaed, and the production of documents is not unduly repetitious or burdensome.

D. A party or person subpoenaed may file an objection to the subpoena with the hearing officer. The party or person shall file the objection within five days after service of the subpoena, or on the first day of the hearing, whichever is earlier.

E. The party requesting the subpoena shall prepare the subpoena and cause it to be served upon the person to whom the subpoena is directed. A person who is not a party and is at least 18 years of age may serve a subpoena. The person shall serve the subpoena by delivering a copy to the person to be served. The person serving the subpoena shall provide proof of service by filing with the hearing officer a certified statement of the date and manner of service and the name of the person served.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-212 Procedure at Hearing

A. The hearing officer shall preside over the hearing and shall give all parties the opportunity to testify, respond, present evidence, argument, and witnesses, conduct examination and cross-examination, and submit rebuttal evidence. The hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. The hearing officer shall make rulings necessary to prevent argumentative, repetitive, or irrelevant questioning and to expedite questioning to the extent consistent with the disclosure of all relevant testimony and information.

B. If all parties agree; and if each party has an opportunity to participate in the entire proceeding, the hearing officer may conduct all or part of the hearing by telephone or other electronic means.

C. A hearing is open to the public, except if the hearing is required to be closed according to an express provision of law. The Department shall make a hearing conducted by telephone or other electronic means available to the public by the opportunity to view or listen to the tape of the hearing, and to inspect any transcript of the hearing that has been prepared and filed with the Department.

D. The hearing officer may exclude from participation or observation a person whose conduct at the hearing is disruptive or shows contempt for the proceedings.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-213 Evidence

A. All witnesses shall testify under oath or affirmation. All parties shall have the right to present oral or documentary evidence and to conduct cross-examination as required for a full and true disclosure of the facts. The hearing officer shall receive evidence, rule upon offers of proof, and exclude evidence the hearing officer determines to be irrelevant, immaterial, or unduly repetitious. The hearing officer shall admit the kind of evidence on which reasonably prudent people would rely, even if the evidence would be inadmissible in a civil court trial.

B. Unless otherwise ordered by the hearing officer, a party shall not present documentary evidence larger than 8 1/2 by 11 inches. The submitting party shall identify documentary exhibits by number or letter and party and shall furnish a copy of each exhibit to each party present. If evidence offered by a party appears in a larger work that contains other information, the party shall plainly designate the portion offered. If the evidence offered is in a volume of a length that would unnecessarily encumber the record, the hearing officer shall not receive the book, paper, or document in evidence but the evidence may be marked for identification and, if properly authenticated, the designated portion may be read into or photocopied for the record. All documentary evidence offered is subject to appropriate and timely objection.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-214 Judicial Notice; Technical Facts

When conducting a hearing, the hearing officer may take notice of judicially cognizable facts as permitted under the Arizona Rules of Evidence. The Commissioner or the hearing officer may take judicial notice of generally recognized technical or scientific facts within the Commissioner's, the hearing officer's, or the Department's specialized knowledge. The Commissioner or the hearing officer may use experience, technical competence, and specialized knowledge in the evaluation of any information and evidence submitted in a hearing.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-215 Stipulations

Parties to a hearing may agree, in writing, to any issue addressed in the hearing, including matters of procedure, subject to the approval of the hearing officer. If approved by the hearing officer, an agreement on matters of procedure or substance is binding upon the parties to the stipulation. The hearing officer may require presentation of evidence for proof of stipulated facts. No agreement by the parties on substantive matters is binding upon the Department unless incorporated into the decision of the Commissioner.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021.

Ariz. Admin. Code § R12-5-216 Recommended Decision

If a hearing officer other than the Commissioner presides at a hearing, the hearing officer shall prepare a recommended decision for the Commissioner within 10 days of the close of the hearing, or no later than eight days before the auction date, whichever is earlier.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-217 Decision

The Commissioner's decision shall include separate findings of fact and conclusions of law. The Commissioner's decision shall also include policy reasons for the decision if it is an exercise of the Commissioner's discretion, including the reason for the remedy ordered.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-218 Rehearing of Decision

A. As specified A.R.S. § 37-301(C), a request for rehearing shall be filed with the State Land Commissioner, State Land Department, Phoenix, and shall specify the particular grounds for rehearing. A rehearing of the decision may be granted for any of the following reasons materially affecting the requesting party's rights:

1. Irregularity in the proceedings or any order or abuse of discretion that deprived the requesting party of a fair hearing;

2. Misconduct of the Commissioner, Departmental employees, the hearing officer, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing;

5. Excessive or insufficient remedies;

6. Error in the admission or rejection of evidence or other errors of law; or

7. The decision is not justified by the evidence or is contrary to law.

B. On review of the request for rehearing, the Commissioner may affirm the decision or grant a rehearing. An order granting a rehearing shall specify with particularity the grounds on which the rehearing is granted, and the rehearing shall cover only those matters specified. All parties to the hearing may participate as parties at any rehearing.

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-219 [REPEALED]

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-220 [REPEALED]

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-221 [REPEALED]

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R12-5-222 [REPEALED]

History

• Adopted effective August 2, 1994 (Supp. 94-3). Section repealed by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).

Article 3 SELECTIONS, INVESTIGATIONS, CLASSIFICATIONS AND APPRAISALS

Ariz. Admin. Code § R12-5-301 Expired

History

• Original rule, Subchapter D, Ch. II (Supp. 76-4). Section R12-5-301 renumbered from Section R12-5-50 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).

Article 4 SALES

Ariz. Admin. Code § R12-5-401 Expired

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-401 renumbered from Section R12-5-71 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).

Ariz. Admin. Code § R12-5-402 Conditions for Filing Application

A. An application shall cover only one section or subdivision thereof.

B. When the application is made by one claiming a right to reimbursement for improvements placed upon state land, the applicant shall attach a list of the improvements placed or made upon said lands.

C. The applicant to purchase state land shall deposit an amount of money sufficient to pay the expense incidental to bringing a parcel of land to sale when the Department determines that the benefit to be derived from the sale is less than the expense involved.

D. An application to purchase state land cannot be withdrawn without the approval of the Commissioner.

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-402 renumbered from Section R12-5-72 (Supp. 93-3).

Ariz. Admin. Code § R12-5-403 Restrictions Subsequent to Filing Application to Purchase

No lessee may file any transfer, assignment, mortgage or application affecting the lands covered in their application to purchase.

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-403 renumbered from Section R12-5-73 (Supp. 93-3).

Ariz. Admin. Code § R12-5-404 Responsibility of the Purchaser

A. The recording of a Certificate of Purchase and/or Patent with the County Recorder of the County in which the lands are located.

B. Payment of the taxes, water assessments and other charges which may be assessed against the land.

C. Protection of the lands against any loss or waste to or upon the lands.

D. To maintain any right to the use of water appurtenant to the land against forfeiture or abandonment of the right.

E. File a report with the State Land Commissioner of the sale of any sand, gravel, stone or other natural product from the land.

F. Acquire the consent of the Department prior to granting a right- of-way on the land.

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-404 renumbered from Section R12-5-74 (Supp. 93-3).

Ariz. Admin. Code § R12-5-405 Evidence of Taxes and Assessments Being Paid; Extension of Time to Pay

A. A holder of a Certificate of Purchase shall include, with the annual payments of principal and interest for the certificate of purchase, proof that taxes and any other assessments have been paid for the current year.

B. An extension of time to pay an annual installment of principal or interest shall be made in accordance with R12-5-102(B).

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-405 renumbered from Section R12-5-75 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4197, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-406 Assignment of a Certificate of Purchase

A. The transfer of a Certificate of Purchase will be made only upon the filing of an "Application to Assign and Assumption of Certificate of Purchase" form which will be supplied by this Department.

B. An application to assign and assumption of a Certificate of Purchase will not be approved:

1. When the annual payments are found to be in arrears.

2. When taxes are found to be in arrears.

3. When the release or satisfaction of a lien or mortgage filed with the Department has not been submitted with said application.

4. When affidavit of citizenship in the United States and/or statement of authorization to do business in the state of Arizona has not been submitted with said application.

C. No portion, less than all of the lands covered in a Certificate of Purchase, can be assigned.

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-406 renumbered from Section R12-5-76 (Supp. 93-3).

Ariz. Admin. Code § R12-5-407 Expired

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-407 renumbered from Section R12-5-77 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).

Ariz. Admin. Code § R12-5-408 Partial Patent

A. As used in this Section, a "partial patent" means a patent for less than the entire tract covered under a Certificate of Purchase. The holder of a Certificate of Purchase applying to the Department for a partial patent of lands under a Certificate of Purchase, shall provide to the Department the following at the time of application:

1. Appropriate filing fee as required under A.R.S. § 37-108(A)(9)(c).

2. A copy of a receipt from the County Treasurer for the county where the land under application for partial patent is located, showing that the taxes are currently paid on both the parcel of land under application for partial patent and any lands remaining under the Certificate of Purchase.

3. A written land legal description and a survey plat (drawing size 17" x 26") issued by a land surveyor, registered in Arizona, of the lands covered by the Certificate of Purchase, including the lands described in the application for partial patent. The written land legal description and the survey plat shall be provided in paper format and a digital format specified in the application.

4. A proposed development plan showing the lands, including lands under the proposed partial patent, covered by the Certificate of Purchase and information as to how the proposed development plan will be implemented in compliance with City or County ordinances and regulations. The development plan shall contain proposed densities, unit breakdown, and approved or proposed zoning district classifications.

B. If the Commissioner deems it necessary, the Department shall require a tentative plat with a proposed development overlay, including the topography, infrastructure improvements, and existing structures of the lands under the Certificate of Purchase, including the lands under application for partial patent, as well as of those lands contiguous to all boundaries of the lands covered by the Certificate of Purchase.

C. The Department shall not accept an application that relates to a Certificate of Purchase for which the purchaser has failed to pay applicable fees or is in default as to payment of principal or interest, or in arrears on taxes.

D. Before issuing a partial patent, the Department shall determine that the remaining lands are of greater value than the unpaid balance of the Certificate of Purchase and that the remaining lands have development potential independent of the acreage that is sought to be patented. If the Commissioner determines that it is necessary to establish the value of the remaining lands, or the parcel sought to be patented, or both, the applicant shall provide, at the applicant's expense, the following:

1. An appraisal conducted in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) as referenced in A.A.C. R4-46-401 or an economic analysis by the Department's appraisal staff or by a state-approved appraiser of the parcel sought to be patented or the lands remaining under the Certificate of Purchase, or both.

2. An infrastructure assessment detailing service, capacity, and cost information for the remaining lands; and

3. Any additional information the Department considers necessary to determine the adequacy of the value of the remaining lands as security for the balance of all remaining payments required to be made under the Certificate of Purchase after the partial patent is issued.

E. If the application or any of its attachments does not contain the information required by this Section, the Commissioner shall immediately provide written notice of the deficiency to the applicant. The Department shall allow 20 days, from the date on the written notice from the Commissioner, for the applicant to cure the deficiency. If additional time is needed to cure the deficiency, the applicant may request an extension of the time pursuant to R12-5-102. If the deficiency is not remedied in the time allowed, the application shall be deemed withdrawn.

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Emergency amendment filed September 26, 1990, adopted effective September 27, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Section R12-5-408 renumbered from Section R12-5-78 (Supp. 93-3). Amended by final rulemaking at 14 A.A.R. 4524, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R12-5-409 Expired

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-409 renumbered from Section R12-5-79 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).

Ariz. Admin. Code § R12-5-410 Expired

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-410 renumbered from Section R12-5-80 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).

Ariz. Admin. Code § R12-5-411 Expired

History

• Original rule, Subchapter C, Ch. II (Supp. 76-4). Section R12-5-411 renumbered from Section R12-5-81 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).

Ariz. Admin. Code § R12-5-412 Expired

History

• Adopted effective March 6, 1979 (Supp. 79-2). Section R12-5-412 renumbered from Section R12-5-82 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5476, effective October 31, 2003 (Supp. 03-4).
• The following Section was amended by emergency rulemaking effective December 20, 2002 to November 18, 2003. The State Land Department filed a rulemaking package for the permanent Section October 8, 2003, without requesting an immediate effective date. The effective date of the permanent rule would have been December 7, 2003, creating a three-week "window" during which neither the emergency rule nor the amended permanent rule would have been in effect. To avoid this, the Department refiled the permanent rule with the Governor's Regulatory Review Council, this time requesting an immediate effective date. G.R.R.C. approved the refiled rule and filed it with the Secretary of State November 4, 2003, thereby resolving the issue (Supp. 03-4).

Ariz. Admin. Code § R12-5-413 Real Estate Broker Commissions

A. The Commissioner may offer a commission for the sale or long-term commercial lease of state land at public auction. In determining whether to offer a commission for the sale or long-term commercial lease of state land at public auction, the Commissioner shall consider the following factors:

1. The appraised value of the parcel being offered,

2. The location and size of the parcel being offered,

3. The terms of the sale or lease,

4. The marketability of the land, and

The best interest of the State Trust.

B. If a commission is offered for the sale or long-term commercial lease of state land at public auction, the Department shall pay the commission from the fees collected under A.R.S. § 37-108(A)(10)(a).

C. The Department shall publish the decision of the Commissioner to pay or not pay a commission for the sale or long-term commercial lease of state land and the amount and terms of the commission offered, if any, in the public notice of the auction.

D. Upon determination by the Commissioner that a commission will be offered on a sale or long-term commercial lease, a person holding an active real estate broker license in this state is eligible to receive the commission, from the Department, by registering with the Department the successful purchaser or lessee at public auction. A broker shall register himself or herself and the potential purchaser or lessee with the Department no later than three business days before the auction. The broker shall register in writing and include the following:

1. Name and address of the brokerage;

2. Name and real estate license number of the broker and any real estate salesperson acting as an agent for the broker at the public auction;

3. Name and address of the potential purchaser or lessee;

4. Auction number, location, and parcel number of the land to be auctioned for sale or lease; and

5. Signature of the broker or salesperson and the potential purchaser or lessee verifying that the broker or salesperson represents the potential purchaser or lessee and that together they have inspected the land to be auctioned for sale or lease.

E. A broker shall submit registration meeting the requirements of subsection (D) by mail or hand-delivery to the Department's public counter, Phoenix, Arizona 85007. The Department deems registration received on the date postmarked if mailed or time-stamped if hand-delivered. A broker shall not register the following:

1. A potential purchaser or lessee who is registered with another broker for the same auction, or

2. A governmental agency.

F. The Department shall pay the commission to the broker representing the successful purchaser or long-term commercial lessee at the time of delivery of the certificate of purchase or patent, or lease, or after final disposition of any protests or appeals resulting from the auction, whichever occurs later.

G. The Department shall not pay a commission to a broker if the Commissioner determines that the broker has violated this Section.

H. For the purpose of this Section, the following definitions apply:

"Long-term commercial lease" means a lease granted on state land for commercial purposes to the highest and best bidder at public auction for a term in excess of 10 years, but not more than 99 years.

2. "Commercial lease" means an agreement by which an owner of real property (lessor) gives the right of possession to another (lessee) for a specified period of time (term) and for a specified consideration (rent).

History

• Adopted effective February 9, 1996 (Supp. 96-1). Section R12-5-413 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 5151, effective December 20, 2002 for a period of 180 days (Supp. 02-4). Emergency rulemaking renewed under A.R.S. § 41-1026(D) at 9 A.A.R. 1963, effective May 23, 2003 for a period of 180 days (Supp. 03-2). Emergency rule repealed under A.R.S. § 41-1026(E); replaced by permanent Section R12-5-413 amended by final rulemaking at 9 A.A.R. 5038, effective November 4, 2003. For more information, see the Editor's Note preceding this Section (Supp. 03-4).

Article 5 LEASES

Ariz. Admin. Code § R12-5-501 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-501 renumbered from Section R12-5-100 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-502 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-502 renumbered from Section R12-5-101 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-503 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-503 renumbered from Section R12-5-102 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-504 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-504 renumbered from Section R12-5-103 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-505 Time for Filing Conflicting Applications

A. Unleased land. If an application is filed on unleased land, and a proposed lease, permit, or right-of-way document is offered to an applicant for review and signature, the Department shall not accept another application for the same purpose.

B. Land under lease for the same purpose. The Department shall not accept a conflicting application for a lease unless the application is filed within the time prescribed by A.R.S. § 37-284.

C. Land under permit for the same purpose where the use is exclusive. An applicant shall file a conflicting application for a permit on land for the same purpose within 60 days before expiration of the existing permit.

D. For the purpose of this Article, conflicting applications are defined as two or more applications to lease State Trust surface land for the same purpose or two or more permit applications to use State Trust surface land for the same purpose.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-505 renumbered from Section R12-5-104 (Supp. 93-3). Section repealed; new Section made by final rulemaking at 9 A.A.R. 3817, effective October 4, 2003 (Supp. 03-3).

Ariz. Admin. Code § R12-5-506 Procedure in Processing Conflicting Applications

A. If two or more applicants apply for a lease or permit on the same land for the same purpose, the Department shall send a Notice of Conflicting Applications to each applicant requiring each applicant to submit to the Department a statement of equities containing the basis of the applicant's claim to the lease or permit and to serve a copy upon the other applicants within 30 days from the date of the Department's Notice, unless the time is extended by the Department or by stipulation of the applicants. If an applicant fails to submit a statement of equities, the Department may examine evidence or records, or review testimony from a hearing conducted under subsection (E)(2) and make a decision regarding the conflicting applications. The Department shall make its decision regarding an application filed for lease or permit under this Section in the best interest of the Trust.

B. An applicant shall have the statement of equities verified under oath before an officer authorized under the laws of this state to administer oaths, or sign the statement of equities accompanied by a certification under penalty of perjury that the information contained in the statement of equities is to the best of the applicant's knowledge and belief, true, correct, and complete. The statement of equities shall include information related to the factors considered under subsection (D).

C. An applicant, within 10 days from the date of receipt of the statement of equities of another applicant, may file with the Department and if filed, shall serve upon other applicants, a response to the other applicant's statement of equities.

D. In conducting an investigation and review, the Department shall consider the following factors:

1. An offer to pay more than appraised rental as an equity, if the Department determines not to go to bid on the conflict;

2. Whether the applicant's proposed land use or land management plan is beneficial to the Trust;

3. The applicant's access to or control of facilities or resources necessary to accomplish the proposed use;

4. The applicant's willingness to reimburse the owner of reimbursable non-removable improvements;

5. The applicant's previous management of land leases, land management plans, or any history of land or resource management activities on private or leased lands;

6. The applicant's experience associated with the proposed use of land;

7. Impact of the proposed use on future utility and income potential of the land;

8. Impact to surrounding state land;

9. Recommendations of the Department's staff; and

10. Any other considerations in the best interest of the Trust.

E. After investigation and review of the statements of equities, the Department may:

Request additional information from an applicant;

2. Conduct a hearing at the Department or another designated location at the earliest possible date, giving notice of time and place for hearing to all applicants;

3. Award the lease or permit to an applicant;

4. Reject all applications; or

5. Proceed to bid according to A.R.S. § 37-284.

F. The bid process is as follows:

1. If the Department determines to proceed to bidding, the Department shall issue a Notice of Call for Bidding that states the time and place bids will be accepted including the minimum rental that will be accepted.

2. The Notice shall specify the existence of a preferred right, if any. The Department shall include, with the Notice, a copy of the form of lease or permit that may be offered to the successful bidder. A bidder shall submit a written bid to the Department by 5:00 p.m. no later than 30 days from the date of the Notice. A bid shall be made on forms provided by the Department. The Department shall accept a bid form only with the original signature of the bidder. A bidder may either mail or deliver the bid in person to the Department.

3. The Department shall not accept a bid from anyone other than an applicant named in the Notice of Call for Bidding.

4. Unless subsection (F)(5) applies, the Department shall accept only one bid from each applicant. Once the bid is submitted, the Department shall not accept a second or substitute bid or any change to the original bid.

5. If the bids of two or more applicants are the same, are also the highest bids offered, and there is no preferred right, the Department shall repeat the bid procedure under subsections (F)(1) and (2) with the following exceptions, until a single highest bid is submitted:

a. In a call for new bids, the Department shall establish a new minimum rental that equals the highest amount offered in the previous bidding.

b. The Department shall accept new bids only from the applicants who submitted the highest matching bids.

6. The Department shall mail a Notice of Bid Results to all bidders. A bidder choosing to exercise a preferred right shall, within 15 days of the Department's issuance of the Notice of Bid Results, offer a bid matching the highest bid, in writing, on forms provided by the Department.

G. Nothing in this Section limits or diminishes the jurisdiction of the Department. This Section does not apply to an application for an oil or gas lease.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-506 renumbered from Section R12-5-105 (Supp. 93-3). Section repealed; new Section made by final rulemaking at 9 A.A.R. 3817, effective October 4, 2003 (Supp. 03-3).

Ariz. Admin. Code § R12-5-507 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-507 renumbered from Section R12-5-106 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-508 Application Confers No Right to Land

An application or permit for state land confers no right of occupancy, possession or use of said land until a lease or permit is issued thereunder or permission is granted in writing by the Commissioner. Provided, however, a prior lessee or permittee may occupy and use said land pending action on his application for renewal. In the event that the prior lessee or permittee should not be awarded a renewed lease or permit, the Commissioner may assess and collect from said lessee or permittee the reasonable value of the use of said land pending action upon the application to renew said lease or permit.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-508 renumbered from Section R12-5-107 (Supp. 93-3).

Ariz. Admin. Code § R12-5-509 Execution of Leases or Permits; Covenants; Effective Date and Completion of Lease or Permit

All leases and permits shall be signed by the lessee or permittee as provided by these rules and regulations and by the Commissioner or his Deputy, with the seal of the Department affixed thereto. All leases and permits shall contain such provisions, covenants, conditions and restrictions as may be prescribed by the Commissioner, hereinafter more particularly set forth under each type of lease. The effective date of the lease will be the date of application upon open land, or such other subsequent date as the Commissioner may prescribe. Upon lands previously leased, the date following the expiration date of the lease shall be the effective date; provided, that where the lands under lease have been reclassified, the effective date of the lease shall bear the date of such reclassification, if no appeal from reclassification is taken or if the Commissioner's decision is upheld if so appealed, or such other subsequent date as the Commissioner may prescribe.

Upon approval of the application to lease or permit and an appraisal or fixing of the rental value thereof, a lease or permit in duplicate will be mailed to the lessee or permittee, which lease or permit shall be signed in duplicate by the lessee or the permittee in the manner prescribed by these rules and regulations. Insert sheets which, when required, described the land being leased or for which permit is issued are a part of the lease or permit and shall be signed in the same manner as the lease or permit. A statement of the rental due and the permit or lease issuance fee will accompany the transmittal of the lease or permit. Upon the lease and permit and insert sheets, when required, being signed, they are to be returned to the Commissioner with the rental payment and lease or permit issuance fee in accordance with the statement rendered. When the lease or permit and insert sheets, when required, are received by the Commissioner, the same will be executed by the Commissioner as above provided and entered upon the records of the Commissioner. After execution by the Commissioner, one copy of the lease or permit, including the insert sheets when required, will be returned to the lessee or permittee with a receipt for the payment of rental.

If the lease, permit and insert sheets, when required, are not executed by the lessee or permittee and returned to the Commissioner, together with the payment of the rental as indicated by the statement therefor forwarded with such instruments, within 60 days from the date of mailing by the Commissioner, the lease or permit will be declared to be null and void and of no force and effect, and the land will become open and available for leasing by other persons. Provided, however, that should the applicant object to the appraised rental value, he may appeal from said appraisement as provided by law and the rules and regulations of the Department to the Board of Appeals of the State Land Department without prejudice to his rights to the offered lease or permit.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-509 renumbered from Section R12-5-108 (Supp. 93-3).

Ariz. Admin. Code § R12-5-510 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-510 renumbered from Section R12-5-109 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-511 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-511 renumbered from Section R12-5-110 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-512 Assignments

A. A lessee or permittee of state lands not in default in his rentals and who has kept and performed all the conditions of his lease or permit may, but only with the written consent of the Commissioner, assign such lease or permit.

1. Application for assignment shall be made on the appropriate form prescribed by the Commissioner.

B. An application for assignment of a lease or permit made within the 30 days immediately preceding the end of any lease year of the pertinent lease or permit will not be accepted for filing by the Commissioner unless the next year's advance rentals have been made.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-512 renumbered from Section R12-5-111 (Supp. 93-3).

Ariz. Admin. Code § R12-5-513 Manner of Assignments

Except as otherwise provided by law or these rules and regulations, assignments may be for all or part of the lands covered by a lease or permit. An application for assignment by the lessee or permittee, together with an application for transfer and assumption of lease or permit shall be submitted upon forms furnished and approved by the Commissioner. The applications shall be accompanied by the required fees, together with the lease or permit being assigned. The application for such assignment and the application for transfer and assumption of a lease or permit shall be signed by the parties as provided in these rules and regulations and acknowledged before a notary public or other officer authorized to administer oaths. The Commissioner shall indicate on the application to assign and application for transfer and assumption of lease or permit his approval or disapproval of the application, which action shall be made of record by the Commissioner.

In the event the assignment is a partial assignment and only covers a part of the leased or permitted lands, the description of the lands being transferred must be by legal subdivision or by metes and bounds based on an actual survey upon which acreage can be determined, together with a map or such survey if required by the Commissioner; otherwise no approval to said assignment and assumption will be granted by the Commissioner. An assignment may be only for a divided or undivided interest.

No assignment shall be made without the consent of all parties of record in the State Land Department in writing who may have a lien or encumbrance upon the lessee's or permittee's interest in said lease or permit.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-513 renumbered from Section R12-5-112 (Supp. 93-3).

Ariz. Admin. Code § R12-5-514 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-514 renumbered from Section R12-5-113 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-515 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Amended effective October 4, 1978 (Supp. 78-5). Section R12-5-515 renumbered from Section R12-5-114 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-516 [REPEALED]

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-516 renumbered from Section R12-5-115 (Supp. 93-3). Section repealed by final rulemaking at 9 A.A.R. 3817, effective October 4, 2003 (Supp. 03-3).

Ariz. Admin. Code § R12-5-517 Rentals

Rentals for leases and permits shall be as hereinafter fixed. All rentals must be paid annually in advance, except as may be provided in the lease or permit or otherwise authorized and directed in writing by the Commissioner.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-517 renumbered from Section R12-5-116 (Supp. 93-3).

Ariz. Admin. Code § R12-5-518 Rental Notices

If the rental is changed, the Commissioner shall notify the lessees and permittees at their last known address in the Commissioner's records; lessees and permittees shall be notified by the Commissioner of a change in rental, by sending a notice thereof by mail at least 30 days prior to the date upon which said rental is fixed by the Commissioner to be due, and any such notice shall be presumptively deemed to have been received on the day following which such notice is deposited in the U.S. Mail by the Commissioner.

In all other cases, the Commissioner shall mail out rental notices which rents shall be paid within 30 days or on the due date whichever is the later; the Commissioner shall assume no responsibility if the notices are not acted upon.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-518 renumbered from Section R12-5-117 (Supp. 93-3).

Ariz. Admin. Code § R12-5-519 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-519 renumbered from Section R12-5-118 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-520 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-520 renumbered from Section R12-5-119 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-521 Modification or Amendment of Existing Lease or Permit

No existing lease or permit shall be modified or amended for a term any different than the term set forth therein unless mutually agreed upon by the Commissioner and the lessee or permittee.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-521 renumbered from Section R12-5-120 (Supp. 93-3).

Ariz. Admin. Code § R12-5-522 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-522 renumbered from Section R12-5-121 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-523 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-523 renumbered from Section R12-5-122 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-524 Sale, Mortgage or Lien on Interest of Holder of Lease or Permit

The interest of the holder of any lease or permit shall be subject to sale, mortgage or other lien to the same extent as patented land. No contract of sale, mortgage or other lien shall become effective unless and until an executed or conformed copy thereof showing the recording data is filed with the Commissioner. When so filed, no assignment of the lease or permit affected shall be made without the consent of all parties. Upon the foreclosure of a contract of sale, mortgage or other lien filed with the Commissioner, the Commissioner shall assign the instrument in question to the party entitled thereto.

No action shall be taken by the Commissioner affecting the rights of the lienholder, mortgagee or contract purchaser or seller affecting the canceling, modification or declaration of the lien or permit to be forfeited without written notice to all parties in interest.

If a mortgagee, trustee under a deed of trust, lienholder or other person entitled to payment, receives full satisfaction of a mortgage, deed of trust or other obligation evidence of which has been filed with the Commissioner, he shall, at the request of the person making satisfaction or the Commissioner file with the Commissioner a sufficient release or satisfaction of mortgage or deed of release of the mortgage or deed of trust or lien.

Filing of these documents in no way obligates the Commissioner to the terms of them.

The Commissioner may on his own initiative, or at the request of a lessee or permittee, request of any mortgagee, trustee under a deed of trust, lienholder or other person entitled to payment who has filed with the Commissioner evidence of an obligation as set forth above, to notify the Department in writing as to the principal balance remaining due, if any, on such obligation; such request shall be made in writing and shall be mailed by the Commissioner to the last known address of record of such obligee -- the failure of such obligee to respond within 90 days from the date of receipt of such notice shall ipso facto be deemed as a consent by such obligee to any action that may be taken thereafter by the Commissioner with respect to any land covered by such mortgage, deed of trust, contract of sale; or other instrument evidencing an obligation.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-524 renumbered from Section R12-5-123 (Supp. 93-3).

Ariz. Admin. Code § R12-5-525 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-525 renumbered from Section R12-5-124 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-526 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-526 renumbered from Section R12-5-125 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-527 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-527 renumbered from Section R12-5-126 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-528 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-528 renumbered from Section R12-5-127 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-529 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-529 renumbered from Section R12-5-128 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-530 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-530 renumbered from Section R12-5-129 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-531 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-531 renumbered from Section R12-5-130 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-532 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-532 renumbered from Section R12-5-131 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Ariz. Admin. Code § R12-5-533 Trespass on State Land

A. Whoever knowingly and wilfully commits a trespass upon state lands, either by cutting down or destroying any timber or wood standing or growing thereon, or by carrying away any timber or wood therefrom, or by mowing, cutting, or removing any hay or grass thereof or therefrom or the grazing of livestock thereon, unless he shall have pending an application for the leasing of such lands, or by extracting or removing any oils, gases, coal, minerals, earth, rocks, fertilizer or fossils of any kind or description thereon or therefrom, or who, without right, injures or removes any building, fence or improvements thereon, or unlawfully occupies, plows or cultivates any of said lands, or negligently or wilfully exposes growing trees, shrubs, or undergrowth standing thereon to danger or destruction by fire, shall be guilty of a misdemeanor.

B. Whoever commits any trespass upon state lands, as above stated, shall also be liable in a civil action, brought in the name of the state in the county in which the trespass was committed, for three times the amount of the damage caused by such trespass, if the trespass was wilful, but for single damages only, if casual or involuntary. In the case of unfenced state land included within a fenced range, it shall be prima facie evidence of wilful trespass to permit the grazing of livestock thereon, unless the defendant shall have pending an application for the leasing of such lands. The damage referred to will be the rate per acre as found for the year for the appraised carrying capacities of the land. The Commissioner may also, without legal process, seize and take any product or property whatsoever unlawfully severed from such land, whether the same has been removed from such land or not, and may dispose of the product or property so seized in the manner prescribed by law for disposing of the products of state lands. The county officers of the several counties shall report to the Commissioner any trespass upon state lands which may come to their knowledge.

C. All lessees and permittees and holders of Certificates of Purchase are requested to inform the Commissioner in writing of any trespass committed on state lands, giving full information concerning such acts of trespass and by whom the same has been committed.

D. It shall be unlawful to utilize any type of motorized vehicle for travel on state trust lands except:

1. By the general public using public roads and highways that cross state trust lands;

2. By lessees and permittees of the Department acting within the limits of their leases and permits, employees of public agencies acting within the scope of their duties, and any persons using military, fire, search and rescue, or law enforcement vehicles for emergency purposes; and

3. By holders of valid Arizona hunting, fishing, or trapping licenses within the scope of such license:

a. On existing roads; or

b. For cross-country travel without damaging croplands, improvements, or cultural or historic sites to pick up legally killed big game animals.

E. For the purpose of this Section, the following definitions apply:

1. "Cross-country travel" means travel over the countryside other than on existing roads.

2. "Existing road" means any maintained or unmaintained way, road, highway, trail, or path that has been utilized for motorized vehicular travel and clearly shows or has a history of established vehicle use. A one-time use or a single set of vehicle tracks created by an off-highway vehicle does not constitute a road under this definition.

3. "Motorized vehicle" means any vehicle deriving motive power from any source other than muscle or wind.

4. "Public roads and highways" means the entire width between the boundary lines of every public road or highway maintained by the Federal Government, the state, the Department, or a city, town, or county if any part of the road or highway is generally open to the use of the public for purposes of vehicular travel.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-533 renumbered from Section R12-5-132 (Supp. 93-3). Amended effective May 20, 1994 (Supp. 94-2).

Ariz. Admin. Code § R12-5-534 Closing Land to Recreational Use

A. The Commissioner may close Trust land in a specific area to recreational use for any of the following purposes when the Commissioner determines that it is in the best interest of the Trust and this state to restrict recreational access to reduce liability to the state or protect the public:

1. Dust abatement: To abate dust caused by the unauthorized use of motorized or non-motorized off-road vehicles on Trust land;

2. Human-caused hazardous environmental conditions: Conditions posing a risk to the public health or safety resulting from human-caused environmental hazards. Examples include illegal dumping of toxic or hazardous materials, leaking or abandoned underground storage fuel tanks, abandoned or unauthorized landfills, abandoned airfields used for pesticide or herbicide storage, abandoned mine workings, and other sites with similar characteristics;

3. Naturally-occurring hazardous conditions: To reduce the risk from naturally-occurring conditions posing a risk to public health or safety. Examples include fissures, sink holes, and flood-damaged areas; or

4. Damaged Trust lands: For protection or remediation of Trust lands that have been damaged by toxic or hazardous materials, mining, fires, off-road vehicles, or other human-caused or natural occurrences.

B. The Commissioner shall, by order, close land only to the extent necessary to prevent unauthorized recreational access, and shall specify the period of time deemed necessary for closure.

C. The Department shall post the order of Trust land closure to recreation in the Department's Public Records Room at 1616 W. Adams, Phoenix, AZ 85007 and in the Department's District Offices. The Department shall maintain evidence of public notice of Trust land closure in the Department's records.

D. For the purpose of this Section, the following definitions apply:

1. "Dust abatement" means to minimize the amount of particulate matter entrained into the air by requiring measures to prevent or mitigate particulate matter creation or emissions.

"Environmental hazard" means a chemical, physical agent, biological toxin, or other pollutant that is present in the environment and that may cause human illness or injury.

3. "Remediation" means an environment cleanup or other method used to remove or contain hazardous materials, stabilize mining waste, stabilize soil damage, or restore rangeland or native vegetation.

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-534 renumbered from Section R12-5-133 (Supp. 93-3). Section repealed by final rulemaking at 9 A.A.R. 3817, effective October 4, 2003 (Supp. 03-3). New Section made by final rulemaking at 12 A.A.R. 481, effective April 8, 2006 (Supp. 06-1).

Ariz. Admin. Code § R12-5-535 Expired

History

• Original rule, Art. I, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-535 renumbered from Section R12-5-134 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 1428, effective March 31, 2003 (Supp. 03-2).

Article 7 SPECIAL LEASING PROVISIONS

Ariz. Admin. Code § R12-5-701 [REPEALED]

History

• Adopted effective May 28, 1981 (Supp. 81-3). Emergency amendment filed September 26, 1990, adopted effective September 27, 1990, pursuant to A.R.S. 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Section R12-5-701 renumbered from Section R12-5-150 (Supp. 93-3). Section repealed by summary action with an interim effective date of February 4, 2000; filed in the Office of the Secretary of State January 11, 2000 (Supp. 00-1). Interim effective date of February 4, 2000 now the permanent effective date; filed in the Office of the Secretary of State August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-702 Agricultural Leases

A. Land subject to agricultural lease; term of lease

1. All state lands classified as agricultural land are subject to agricultural leasing for such term as may be established by the Commissioner but in no event for a term of more than ten years.

a. The term of an agricultural lease of undeveloped agricultural land shall not exceed two years.

Definitions. In this article, terms used herein shall have the meanings as defined in A.R.S. § 37-101 or as below:

1. "Agricultural Development Lease" means a lease for the purpose of developing land into agricultural land on State Trust Land.

2. "Agricultural Lease" means a lease for the purpose of developing land into agricultural land on State Trust Land.

B. Land available for an agricultural lease; term of leases. All State Trust Land classified as agricultural land are available to lease for agricultural purposes for such term as may be established by the Department, provided the term does not exceed:

1. Ten years for an agricultural lease or a renewal of an agricultural development lease; and

2. Two years for an initial agricultural development lease.

C. Application for agricultural lease

1. Application for an agricultural lease shall be made upon the appropriate form as provided by the Department and in accordance with the general rules and regulations governing the leasing of state lands.

a. Each application shall be limited to the lands in one section or part thereof.

Appraisal. Farm areas are geographically determined within the State and appraised by farm area every 10 years, or as market and other conditions dictate pursuant to A.R.S. § 37-282.01(G).

D. Rental rates; appraisal

1. No agricultural lease shall provide for a rental less than the appraised rental value of the leased land, and in no event a rental less than $1.00 per acre per annum.

2. Minimum rental for each agricultural lease shall be $10.00 per annum; provided, however, that the minimum rental of $10.00 per annum shall apply to each section or portion thereof covered by the lease.

Sequence of development and improvement of land under an agricultural development lease.

1. The lessee of an agricultural development lease must initially only develop the leased land to the extent necessary and incident to the acquisition of a water supply adequate for the development of the leased land. The lessee must apply to the Department to make an improvement for said development of the leased land.

2. To make an improvement on the leased land which is not necessary to the accomplishment of subsection (D)(1) above, the lessee of an agricultural development lease must apply to the Department. The Department may not approve an application to place an improvement which is not necessary to the accomplishment of subsection (D)(1) above until after the acquisition of such water supply has been accomplished or assured.

E. Number of leases issued on farm unit

1. Ordinarily, leases issued by the Department will combine into one lease, all contiguous and adjoining state agricultural lands within the lessee's farm unit.

a. It is recognized that such consolidation may work hardship on the lessee because of the resultant common due date of rentals.

i. A lessee thus affected and desirous of dividing his lease may make application to the Department to do so. Such application shall be in writing, setting forth the reasons therefor in such detail as to enable the Department to act with full knowledge of the circumstances.

ii. If such application is approved by the Department, division of the lease will be made in as reasonable a manner as possible, compatible with the best interests of the state.

Compliance with regulations made by other state and federal agencies; remedies for non-compliance. When rules and regulations promulgated by state or federal regulatory agencies would affect State Trust Land under an agricultural lease or an agricultural development lease or crops grown thereon, the Department may require the lessee to conform with these regulatory practices to prevent the deterioration of the soil or crops grown thereon. If the lessee fails to comply with the requirements of the Commissioner, the Department may have the required remedial work accomplished and bill the lessee the amount expended for the remedial work. Failure by the lessee to pay for such remedial work shall, after the proper notice, subject the lease to forfeiture for nonpayment and noncompliance.

F. Preferred right of renewal of an agricultural development lease; Denial of renewal of an agricultural development lease. A lessee of an agricultural development lease shall not have a preferred right of renewal if the lessee has not acquired a water supply deemed by the Department to be adequate. The Department may deny a renewal application of an agricultural development lease if the lessee has not completed substantial due diligence toward complete agricultural subjugation and the development of the land beyond the acquisition of an adequate water supply, as determined solely by the Department.

G. Sequence of development and improvement of lands under agricultural development lease

1. The first allowable acts of development on the leased premises under an agricultural development lease shall include only those necessary and incident to the acquisition of a water supply adequate for the development of the leased acreage.

2. The placing of any improvement not necessary to the accomplishment of subsection (A) above shall not be approved until after the acquisition of such water supply has been accomplished or assured and in all cases only after proper application made and approval had in accordance with the provisions of the Department's rules and regulations in regard to permits to place improvements.

3. When rules and regulations promulgated by state or federal regulatory agencies would affect state lands or crops grown thereon, and when, in his opinion, the best interests of the state would be so served, the State Land Commissioner may require the lessee to conform with these regulatory practices to prevent the deterioration of the soil or crops grown thereon. If the lessee fails to comply with the requirements of the Commissioner, the Commissioner may have the required remedial work accomplished and bill the lessee the amount due the Department. Failure by the lessee to pay for such remedial work will, after the proper notice, subject the lease to forfeiture for nonpayment and noncompliance.

H. Application for renewal; right of renewal; developmental lease

1. Application for renewal of an agricultural lease shall be made on the appropriate form provided by the Department and in accordance with the general rules and regulations governing leasing of state lands.

a. A separate application form shall be submitted for each section of land or portion thereof within the lease.

b. The filing fee for each application shall be the same as for an initial application.

2. A preferred right of renewal of an agricultural development lease shall not extend to a lessee who has not acquired a water supply deemed by the Commissioner to be adequate.

3. Proper diligence on the part of the lessee toward complete agricultural subjugation and development of the land under lease shall be the measure for the Commissioner's determination as to whether renewal of an agricultural development lease is in the best interests of the State.

I. Application to assign lease

1. Application to assign and application for assumption of lease shall be made on the appropriate form provided by the Department and in accordance with the general rules and regulations governing leasing of state lands.

a. Upon approval of the application, the assignment will be noted on the lease and made of record in the Department.

History

• Original rule, Art. III, Subchapter B, Ch. II (Supp. 76-4). Amended by emergency action effective June 20, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Section R12-5-702 renumbered from Section R12-5-151 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-703 Commercial Leases

A. Division of leases. The Department may at any time divide a commercial lease into two or more separate leases when such division would, in the opinion of the Commissioner, facilitate administration and management of the subject land or would result in separating one commercial use from another.

B. Lands subject to commercial lease. All state lands classified as suitable for commercial purposes are subject to a commercial lease. Unless it is deemed to be for the best interests of the state, it is not the policy of the State Land Department to allow and issue commercial leases which will seriously interfere with, damage, or break up operations of an established ranch or farm unit. There is no limit to the amount of commercial land that may be leased to any one individual, corporation, partnership or association.

C. Term of commercial lease. State lands suitable for commercial purposes may be leased for a period of not more than ten years without advertising, or subject to such lesser term as may be established by the Commissioner if he deems such lesser term to be in the best interests of the state.

D. Applications to lease state lands not classified as commercial. Applications to lease lands not classified as commercial shall be accompanied by a petition for reclassification as provided by the general leasing rules.

E. Application for commercial lease; application for commercial lease renewal. All applications for commercial leases and all applications for renewal of commercial leases shall be made on such form or forms as may from time to time be prescribed by the Commissioner and provided by the Commissioner. A commercial lease before the time of execution or renewal will be subject to the provisions and supplemental conditions and restrictions as may be added thereto and the provisions of law and these rules.

F. Additional conditions for commercial leases.

1. Unless otherwise directed by the Commissioner in writing, the lessee shall:

a. Notify the Commissioner in writing as to the number of any license issued by the state Tax Commission of Arizona to the lessee, any sublessee, any concessionaire or any assignee; such notice shall also include the exact name in which license is issued.

b. Keep and maintain an accounting system satisfactory to the Commissioner.

c. Allow access to accounting records during business hours where the same are kept for the purpose of inspecting and auditing the same.

d. File with the Commissioner, if requested by the Commissioner, a statement of the total gross sales made for the period specified. Unless otherwise directed by the Commissioner, this report may be made by filing with the Commissioner the requested information on the form used by the state Tax Commission.

e. Acquire consent in writing from the Commissioner for any improvements made on the site.

f. Acquire consent in writing for moving buildings from other premises onto the leased premises. All buildings and structures shall be of acceptable construction.

g. Keep any gas, electric, power, telephone, water, sewer, cable television and other utility or service lines under ground unless prohibited by law.

h. File with the Commissioner, prior to the approval of any application to place improvements, plans and specifications showing the nature, location, cost, quality of proposed material, size, area, height, color, shape and design of the proposed improvements. The Commissioner may also require a perimeter survey of the leased premises upon which shall be shown the location of the completed improvements. The lessee shall also submit grading plans.

2. The above conditions shall apply to any assignee, sublessee or concessionaire of the original lessee.

G. Maps required as part of application for commercial lease. The applicant shall furnish such information map of the lands to be leased as the Commissioner may require and deem necessary to evaluate the application and assist in making an appraisal; and, in addition, the Commissioner may require an aerial photograph or photographs of such lands as he may specify in a request therefor.

H. Minimum rental rates for commercial leases. No commercial lease shall provide for an annual rental of less than the appraised rental value of the land and in no event shall the rent be less than 5¢ per acre per annum or less than $10.00 per annum per lease.

I. Division of leases. The State Land Commissioner may at any time divide a commercial lease into two or more separate leases when such division would, in the opinion of the Commissioner, facilitate administration and management of the subject lands or would result in separating one commercial use from another. The rent for the lease year in which such division is made shall be allocated to the separate leases.

J. Sublease of commercial lease by lessee. No commercial lessee shall sublet his lease without the written permission of the Commissioner. Approval of a sublease may be granted at the discretion of the Commissioner and shall be obtained by the lessee submitting for approval of the Commissioner the sublease executed in triplicate. Upon the approval by the Commissioner, two copies of the sublease, with the Commissioner's approval and any limitation to such approval endorsed by the Commissioner thereon will be returned to the lessee, one copy thereof being retained in the files of the Department.

K. Application to assign lease. Application to assign and application for assumption of lease and transfer shall be made upon such forms as may from time to time be prescribed by the Commissioner; upon the approval of the application, the action taken by the Commissioner will be noted upon the lease and made of record in the Department.

L. Use of state lands; failure to use. No lessee or permittee shall use lands under permit or lease except for the uses and purposes specifically set forth in the lease or other such uses or purposes as may be subsequently authorized by the Commissioner in writing.

M. Rights of commercial lessee or permittee. All leases or permits granted by the Commissioner are only a license or permit to use the land described in the lease or permit for commercial purposes in a manner compatible with the terms of said lease or permit. The state of Arizona reserves the right to grant other leases or permits for the use of said lands or the removal of natural products therefrom.

History

• Original rule, Art. V, Subchapter B, Ch. II (Supp. 76-4). Amended by adding subsection (N) as an emergency effective January 9, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Readopted without change as an emergency effective June 16, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Emergency expired. Section R12-5-703 renumbered from Section R12-5-152 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-704 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-704 renumbered from Section R12-5-153 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-705 Grazing Leases

A. Definitions. Unless the context otherwise requires, the words hereinafter defined shall have the following meaning when found in these rules, to wit:

1. "Grazing lands" means lands which can be used only for the ranging of animals.

2. "Carrying capacity" or "average annual carrying capacity" means the average number of animal units which can be supported by

a section of grazing land with due consideration for sustained production of the forage consistent with conservative range management.

3. "A section of land" for appraisal of carrying capacity purposes means an area of land consisting of 640 acres.

4. "Animal unit" means one weaned beef animal over six months of age, or one horse, five goats, or five sheep, or the equivalent thereof.

5. "Average market price of cattle" means the average price by the hundredweight received during the calendar year under consideration by producers of cattle, exclusive of calves, in the states of Arizona, New Mexico, California, Utah, Nevada, Colorado, Wyoming, Montana, Idaho, Washington and Oregon, as determined by the Bureau of Agricultural Economics, United States Department of Agriculture, and, if that service is not available, from such sources as the Commissioner determines best to establish said price.

Definitions. In this section, terms used herein shall have the meanings as defined in A.R.S. § 37-101 and § 37-285 and as below:

1. "Average market price of cattle" means the average price by hundredweight received during the calendar year under consideration by producers of cattle, exclusive of calves, in the states of Arizona, New Mexico, California, Utah, Nevada, Colorado, Wyoming, Montana, Idaho, Washington, and Oregon, as determined by the United States Department of Agriculture, and, if that service is not available, from such sources as the Department determines best to establish said price.

2. "Carrying capacity" means the average number of animal units which can be supported by a section of grazing land with due consideration for sustained production of the forage consistent with conservative range management.

B. Applications for grazing lease renewals. Application for renewal of an existing grazing lease may include an entire ranch unit or any part thereof.

C. Land subject to grazing lease; term of lease. It is the policy of the Department not to offer open land for lease within an established ranch unit without first offering said land to the owner or the person having control of the land in the ranch unit. There is no limit to the amount of grazing land that may be leased to any person.

D. Rental rates of grazing land; appraisal. In accordance with A.R.S. § 37-285(A), no grazing lease shall provide for a rental of less than the appraised rate of the land, and in no event less than 5¢ per acre per annum, or a minimum of $2.50 per annum per lease, said minimum of $2.50 per annum per lease applying to one section or portion thereof.

E. Rights of the Department to issue non-grazing leases for leased grazing land. All grazing leases granted by the Department are only a non-exclusive right to graze livestock and to use the land in a manner compatible with the terms of the lease. The Department may grant instruments for uses other than grazing on leased grazing land or for the removal of natural products therefrom. A grazing lessee shall not issue to any person any rights to use of leased grazing land or to remove any products therefrom.

F. Cultivation and growing of crops on grazing land. A grazing lessee may not grow crops commercially under the provisions of a grazing lease.

G. Cutting of timber, standing trees or posts.

1. A grazing lessee shall not cut or waste, nor allow to be cut or wasted, any timber or standing trees growing on the leased land without the written consent of the Department, except for fuel for domestic uses or for the necessary improvements upon the land; provided, however, that nothing herein contained shall be construed to permit the cutting of saw timber for any purpose.

Posts cut primarily from cedar, mesquite and juniper trees may be used for the construction and use of improvements by a grazing lessee upon State Trust Land without cost, with the prior written consent of the Department; however, such posts may not be used on non-leased land without payment by the grazing lessee to the Department.

3. When applicable, a grazing lessee must file an affidavit with the Department indicating the number of posts cut, the number used for improvement on the leased land, and the number used elsewhere or stockpiled for future use. At the time approval to cut posts is granted by the Department, the Department will determine the price, which will be comparable to the price of posts from the United States Forest Service. The price will then be payable at the time the affidavit indicating the number of posts cut is filed with the Department.

4. The Department may visit a grazing lessee at any time to inspect the number of posts cut.

5. If a grazing lessee does not desire to purchase the trees as above provided, the Department may sell the trees. A purchases other than a grazing lessee shall not injure the lessee's surface rights and improvements or interfere with the lessee's use of the leased land, and a purchaser may be required to file a surety bond with the Department in such amount and under such conditions as to indemnify the lessee for any damage which may result due to the removal of the trees.

H. Use of state land. No lessee or permittee shall use land under a grazing lease or permit except for grazing purposes.

I. Posting to prohibit hunting and fishing on leased grazing land. A grazing lessee may not post signage on leased grazing land to prohibit hunting and fishing without the consent of the Arizona Game and Fish Commission.

J. Sublease or pasturage agreement. No grazing lessee shall sublet his lease, sell or lease pasturage of lands embraced in his lease without the written permission of the Commissioner. Approval of a sublease or pasturage agreement may be granted at the discretion of the Commissioner and shall be obtained by the lessee submitting for approval of the Commissioner the sublease or pasturage agreement executed in triplicate. Upon the approval by the Commissioner, two copies of the sublease or pasturage agreement, with the Commissioner's approval and any limitations to such approval endorsed by the Commissioner thereon, will be returned to the lessee, one copy thereof being retained in the files of the Department.

K. Carrying capacity and application to exceed the same. No grazing lessee, sublessee or users under a pasturage agreement shall graze, without permission of the Commissioner, in excess of 110% of the carrying capacity as previously determined by the Commissioner upon state lands under lease within the exterior boundaries of any one ranch unit or units in the same general locality jointly operated. Approval to exceed the carrying capacity may be obtained by submitting a written request therefor. The request should contain the number of head of animals the lessee, sublessee or user desires to place upon the leased lands in excess of 110% of the carrying capacity, together with a statement as to how long the additional animals will remain upon the leased lands. If the Commissioner approves said request, the lessee, sublessee or user will be notified of such approval of increase in the carrying capacity and the period granted therefor. In the event of the approval of any such excess the Commissioner shall assess and collect the rental for such excess as provided by law and these rules and regulations.

L. Cultivation and growing of crops on grazing land. State land under grazing lease is limited to the ranging of animals only and may be cultivated and crops grown thereon only with the approval of the Commissioner. Upon approval of the Commissioner the land may be cultivated and crops grown thereon provided such crops are forage crops in nature that are pastured by animals or, if severed from the land, are fed to animals upon the ranch unit. Under no circumstances may the lessee grow crops commercially under the provisions of a grazing lease. In the event any crops are grown with the approval of the Commissioner which will be pastured or removed from the land for use at other times of the year upon the ranch unit, the carrying capacity will be adjusted in accordance with the forage crops grown.

M. Cutting of timber, standing trees or posts. The lessee shall not cut or waste, nor allow to be cut or wasted, any timber or standing trees growing on the leased land without the written consent of the Commissioner, except for fuel for domestic uses or for the necessary improvements upon the land; provided, however, that nothing herein contained shall be construed to permit the cutting of saw timber for any purpose except with the written consent of the Commissioner. Posts cut primarily from cedar, mesquite and juniper trees may be used for the erection and use of improvements by the lessee upon state lands without cost, provided the written consent of the Commissioner is first obtained. Such posts may not be used on other than state lands without payment therefor. The lessee is required to file an affidavit with the Department indicating the number of posts cut, the number used for improvement of state land and the number used on other than state lands or stockpiled for future use. At the time approval to cut posts is granted by the Commissioner, the price will be determined by him, which will be comparable to the price of posts from the United States Forest Service, and the price will be payable at the time the affidavit indicating the number of posts cut is filed with the Department. The Commissioner, or his representative, upon the granting of approval to cut posts, will from time to time visit the lessee to determine the number of posts cut. The Commissioner recognizes that the removal of cedars, mesquite and juniper trees from grazing lands is a conservation measure that will maintain or increase the range carrying capacity and that the removal of these trees in most cases would benefit state lands.

N. Application to assign lease. Applications to assign and application for assumption of lease and transfer shall be made upon Land Division form No. A-13-1 and in accordance with the general rules and regulations relating to the leasing of state lands. Upon approval of the application, the assignment of the lease will be made by the Commissioner upon the lease where indicated and made of record in the Department.

O. Use of state lands; failure to use. No lessee or permittee shall use lands under lease or permit to him except for grazing purposes unless authorized by the Commissioner in writing. Applications for a special use of lands under permit or lease to a lessee or permittee for purposes other than grazing shall be made in writing in triplicate, and shall state in detail the reasons for such use. The application shall be signed and verified as provided for in applications to lease. Upon approval of the application by the Commissioner, two copies of the application with the Commissioner's approval and any limitations to such approval endorsed by the Commissioner thereon will be returned by the Commissioner to the lessee, one copy thereof being retained in the files of the Department. Failure of any lessee or permittee to use the land for the purposes for which he holds a lease or permit, without having been authorized so to do by the Commissioner in writing, may, in the discretion of the Commissioner, subject said lease or permit to forfeiture or to cancellation as provided by law and these rules and regulations.

P. Posting to prohibit hunting and fishing on state land. State land under lease or permit may not be posted to prohibit hunting and fishing without the consent of the Arizona Game and Fish Commission.

History

• Original rule, Art. II, Subchapter B, Ch. II (Supp. 76-4). Amended effective September 26, 1978 (Supp. 78-5). Section R12-5-705 renumbered from Section R12-5-154 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-706 Expired

History

• Original rule, Art. IV, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-706 renumbered from Section R12-5-155 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Article 8 [Effective 8/19/2024] RIGHT-OF-WAY

Ariz. Admin. Code § R12-5-801 Linear Right-of-Way

A. Rights of surface and subsurface lessees or permittees

1. The Department may grant a right-of-way without the consent of a surface or subsurface lessee.

2. When the applicant for a right-of-way and any existing right holder do not agree on the appraised value of damages to the right holder, the applicant for right-of-way may apply to the Department to appraise the value of any improvements that may be injured or damaged. The cost of any such appraisal shall be paid by the right-of-way applicant.

3. In cases where it is necessary to cut a fence belonging to a surface lessee or permittee or otherwise enter through a fence, the Department may require the installation of a standard cattle guard or other facilities by the right-of-way grantee as a condition to the granting of the right-of-way.

4. "Lease" means any lease on state land in existence at the time applicant applies for right-of-way, or granted thereafter for either surface or subsurface use.

5. "Patent" means a document used by the State Land Department to convey title to land.

6. "Site" means a reservoir for storage of water; a location for a dam, a power plant or an irrigation plant, and for other purposes for public uses. (Not to include workings for the removal of sand, gravel and other road materials.)

B. Termination of use; abandonment

1. When a right-of-way holder is no longer used by the grantee for which the right-of-way was granted, the right-of-way shall be terminated.

2. The Department may determine that a right-of-way has been abandoned or used for the purpose granted. In such case, the Department shall give the right-of-way grantee 30 days to show why a right-of-way should not be cancelled. I within 30 days the right-of-way grantee fails to respond, the Department may issue an order of cancellation.

C. Right-of-way provisions.

1. Term of right-of-way. The term of the right-of-way shall be determined by the Department and shall be set forth on the right-of-way contract.

a. Any citizen of the United States, partnership or association of citizens, or a corporation organized under the laws of the United States or any state or territory thereof, and who are authorized to transact business in the state, and any governmental agency of the state or political subdivision and municipal corporations thereof, may apply to the Department for a right-of-way on, over or through state land.

b. Application for right-of-way shall be made upon forms provided by the State Land Department.

2. Right-of-way subject to public auction. A right-of-way for exclusive use, perpetual in nature, or for a term exceeding 50 years (except a right-of-way for transportation purposes granted to governmental agencies of the state or political subdivisions and municipal corporations thereof) shall be sold at public auction as provided under the laws for sale of State Trust Land.

3. Possession and right of use of right-of-way area. The right is granted for the use of the area described in the right-of-way contract subject to any existing prior rights and subject to any rights the Department shall grant thereafter.

a. The application for a right-of-way shall be in such form as the Commissioner may prescribe, shall be filed with the Department by the applicant or by an authorized agent for the applicant, and shall be required to furnish the Department the following information as the Commissioner may prescribe.

i. Name and address of applicant.

ii. Statement whether applicant is an individual, partnership or corporation, or governmental agency of the state or political subdivision and municipal corporation thereof.

iii. Statement of citizenship, when applicable.

iv. If a corporation:

(1) Name.

(2) State of incorporation.

(3) Arizona business address.

(4) Affirmation of authority to do business in Arizona.

v. Age and marital status, when applicable.

vi. Description, according to the public land survey of the land for which application is being made.

vii. Width of the right-of-way.

viii. The nature of the right-of-way (the right-of-way is temporary or permanent; the right-of-way requires exclusive use or to what extent; a right- of-way through a given area).

ix. A survey of the land for which application is being made showing distance and direction from a known cadastral survey point in each section.

x. Location of improvements or crops on land under application over which proposed routes of right-of-way will pass (information required in (ix) and (x) shall be conveyed by means of accurate plat or drawing accompanying the application form).

xi. The applicant shall furnish evidence from surface lessee and all other right holders in the land applied for giving consent to the new right-of-way or objection thereto.

b. This rule shall not be taken or construed to limit or restrict the authority of the Commissioner to require the applicant to furnish such additional information as the Commissioner may deem necessary.

Provisions of the right-of-way. Every contract shall provide for:

a. Payment to the Department of the rental amount.

b. The right to install and construct necessary equipment and facilities with the right to remove the same within 90 days after expiration or termination of the right-of-way.

c. The obligation of the grantee to install and maintain fencing, gates, cattleguards, and other protective measures deemed necessary by the Department.

d. The obligation of the grantee to restore the surface of the land within the right-of-way to a reasonable condition as required by the Department.

e. The obligation of the grantee to indemnify, hold and save grantor harmless against all loss, damage, liability, expenses, costs and charges incident to or resulting in any way from the use, condition or occupation of the land.

f. A use provision.

g. The right of the grantee to assign the right-of-way.

h. The right of the grantee to terminate the right-of-way at any time during its term by giving the Department 30 days' notice of termination in writing, if the grantee is not delinquent in payments and has complied with all conditions on the date of termination.

5. A sub-grant of the right-of-way contract is prohibited.

a. Each application filed with the Department shall be accompanied by a filing fee.

b. Each application filed shall first be checked for its completeness and when it meets the requirements shall be made of record in the Department.

c. Rental or other payment for each right-of-way shall be determined by the Commissioner after appraisal.

i. Rental for rights-of-way granted without public auction sale shall be determined by the Commissioner after appraisal.

ii. Rights-of-way for exclusive use or perpetual in nature (except rights-of-way granted to governmental agencies of the state or political subdivisions and municipal corporations thereof) shall be sold at public auction as provided under the laws for sale of state land after appraisal.

iii. Rights-of-way for governmental agencies of the state or political subdivisions and municipal corporations thereof may be granted by the Department for an indefinite period for so long as used for the purpose granted after full payment of the appraised value of the right-of- way has been made to the State Land Department.

(1) All appraisals of rights-of-way shall be established by the State Land Commissioner.

(2) The appraised value of the right-of-way shall be determined in accordance with the principles established in A.R.S. §§ 12-1122 and 37-132 .

6. Right-of-way renewal. Upon application to the Department, not less than 30 days, nor more than 1 year prior to the expiration of the right-of-way contract, the grantee of a right-of-way contract, shall have a preferred right to renew the right-of-way contract if the grantee is not delinquent in the payment of rental or of monies due the Department on the date of expiration of the contract. The renewal right-of-way contract shall commence on the day following the expiration of the former contract.

a. The filing of an application for a right-of-way shall not confer upon the applicant any right to use the area applied for.

b. A right of entry to map and survey or for any other purpose in the area to be applied for may be obtained from the Commissioner on forms provided by the Department.

7. Bonds.

a. The Department may require the grantee to furnish bond, in a reasonable amount, to be fixed by the Commissioner, guaranteeing that the grantee will restore the surface of the land described in the contract to a reasonable condition, upon the termination of the right-of-way contract.

b. The Department may require the grantee to file with the Department a surety bond in such form, approved by, and for such amount determined by, the Department, which shall be conditioned upon prompt payment to the lessee of the surface, subsurface or otherwise of the State Trust Land covered by the right-of-way. A surety bond required under this subsection shall cover any loss to a lessee from damage or destruction to grasses, forage, crops, and improvements upon such lands which is caused by the construction or use of the right-of-way.

c. Assignment of any or all of the right-of-way contract will not relieve the assignor of his obligation as principal under the bond. Release of the assignor's obligation under bond may be affected through the posting of a replacement bond by the assignee and subsequent, approval by the Department and notification of the release by the Department in writing to the principal and surety.

d. The Department, in its discretion, may reduce or increase the principal amount of the bond.

e. Immediately after determination by the Department that full discharge of the conditions of the obligations under any bond has been affected, it will notify in writing the principal and surety held by the bond so that it may be formally terminated.

f. Surety on the bond shall have the right to cancel the bond and be relieved of further liability after the period of notice, by giving 30 days' notice to the Department of its desire to cancel.

g. Upon receipt of such notification, the Department will notify the grantee by certified mail within 14 days of the impending action by surety.

h. Failure by the grantee to post a replacement bond before the expiration of the 30 days mentioned above, shall constitute a default by the grantee and cause for cancellation of the right-of-way.

8. Reports of completed facilities and construction. A right-of-way grantee shall report any completed facilities and construction to the Department.

a. Upon the compliance by the applicant with the requirements set forth by the Commissioner, the right-of-way contract shall be issued.

b. The failure of the applicant to execute and return the right-of-way contract with all monies required within 60 days from the date of mailing by the Department, the Commissioner may issue a cancellation order for non-completion of the contract.

c. The date of the right-of-way contract shall commence on the date the contract is mailed by the Department to the applicant.

D. Right-of-way

1. Term of right-of-way. The term of the right-of-way shall be determined by the Department and shall be set forth on the right-of-way contract.

2. Right-of-way rentals or other payments. The rental or any other payments required for rights-of-way shall be determined by the Commissioner after appraisal.

3. Possession and right of use of right-of-way area. The right is granted for the use of the area described in the right-of- way contract subject to any existing prior rights and subject to any rights the Department shall grant hereafter.

4. Provisions of the right-of-way

a. Every right-of-way contract shall provide for:

i. Payment to the Department of the amount established by the Commissioner after determination of the true appraised value.

ii. The installation and construction of necessary machinery, equipment and facilities with the right of removal within 90 days after expiration or termination of the right-of-way.

iii. Fencing and other protective requirements deemed necessary by the Commissioner.

iv. That the grantee shall restore the surface of the land within the right-of-way to a reasonable condition as required by the Commissioner.

v. That the grantee will indemnify, hold and save grantor harmless against all loss, damage, liability, expenses, costs and charges incident to or resulting in any way from the use, condition or occupation of the land.

vi. A statement of the purpose for which the right-of-way was granted.

vii. The right of the grantee to assign the right-of-way, provided that such an assignment shall not become effective until approved in writing by the Commissioner as being in the best interests of the state and until a copy thereof is filed with the Department.

viii. The right of termination of the right-of-way by the grantee at any time during its term by giving the Commissioner 30 days notice of termination in writing, provided that the grantee is not delinquent in any payments and has complied with all conditions on the date of termination.

5. Assignment of right-of-way; sublease prohibited

a. Grantee of each right-of-way contract, if not in default of rental or other payments, and who has kept and performed all the conditions of his lease, may, with written approval of the Commissioner, assign the right-of-way.

i. Application for assignment, the assignment and the assumption of the right-of-way will be on such forms as the Commissioner may prescribe.

ii. An assignment shall not become effective unless and until it is approved by the Commissioner.

iii. The assignee shall succeed to all the rights and shall be subject to the obligations of the assignor.

iv. A sub-grant of the right-of-way contract is prohibited.

6. Right-of-way renewal. Upon application to the Commissioner, not less than 30 days, nor more than 60 days prior to the expiration of the right-of-way contract, the grantee of a right-of-way contract, if he is not delinquent in the payment of rental or of monies due the State Land Department on the date of expiration of the contract, shall have a preferred right to renew the right-of-way contract bearing even date with the expiration of the old contract.

7. Bonds

a. The Commissioner may require the grantee to post a cash deposit or surety bond to guarantee the payment of all monies due under the contract.

b. The Commissioner may require the grantee to furnish bond, in a reasonable amount, to be fixed by the Commissioner, conditioned that the grantee will guarantee restoration of the surface of the land described in the contract to a reasonable condition, upon the termination of the right-of-way contract.

c. The Commissioner may require the lessee to file with the Department a surety bond in the form, amount, and with surety approved by the Commissioner, conditioned upon prompt payment to the lessee of the surface, subsurface or otherwise of the state land covered by the right-of-way, for any loss to such owner or lessee from damage or destruction caused by the construction or use of the right-of-way, his or its agents, or employees, to grasses, forage, crops and improvements upon such land.

d. Assignment of any or all of the right-of-way contract will not relieve the assignor of his obligation as principal under the bond. Release of the assignor's obligation under bond may be affected through the posting of a replacement bond by the assignee, but then only after approval by the Commissioner and subsequent notification of the release by the Commissioner in writing to the principal and surety.

e. The Commissioner, in his discretion, may reduce or increase the principal amount of the bond.

f. Immediately after determination by the Commissioner that full discharge of the conditions of the obligations under any bond has been affected, he will, in writing, notify the principal and surety held by the bond so that it may be formally terminated.

g. Surety on the bond shall have the right to cancel the bond and be relieved of further liability after the period of notice, by giving 30 days' notice to the Department of its desire to so cancel.

i. Upon receipt of such notification, the Department will immediately notify the grantee by certified mail of the impending action by surety.

ii. Failure by the grantee to post a replacement bond before the expiration of the 30 days mentioned next above, shall constitute a default by the grantee and cause for cancellation of the right-of-way.

8. Principal payments. Each right-of-way granted to governmental agencies of the state or political subdivisions and municipal corporations thereof for exclusive use or perpetual use shall provide for payment of principal in the full amount of the appraised value as provided by the Commissioner after appraisal.

E. Reports

1. Report of improvements

a. Applications for and reports of improvements placed shall be presented to the Commissioner on forms provided by the Department.

b. Grantee of every right-of-way shall submit to the Department an application to place any improvement to be placed on the right-of-way and shall secure written approval from the Commissioner to place the improvement before any work is commenced toward the improvement.

c. The grantee shall report any completed improvements to the Commissioner and secure approval from the Commissioner.

History

• Original rule, Art. VIII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-801 renumbered from Section R12-5-165 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-802 Repealed

History

• Original rule, Art. X, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-802 renumbered from Section R12-5-166 (Supp. 93-3). Repealed by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-803 Expired

History

• Adopted under an exemption from the provisions of the Administrative Procedure Act, effective July 8, 1993 (Supp. 93-3). Section R12-5-803 renumbered from Section R12-5-167 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Article 9 EXCHANGES

Ariz. Admin. Code § R12-5-901 Scope of Rules

These rules apply only to exchange of state land under the provisions of A.R.S. §§ 37-604 to 37-608, inclusive, and shall prevail over and supersede any existing policy or procedure to the extent that they are in conflict therewith.

History

• No original number assigned (Supp. 76-4). Section R12-5-901 renumbered from Section R12-5-179 (Supp. 93-3). R12-5-901 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-901 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3).

Ariz. Admin. Code § R12-5-902 [Repealed]

History

• No original number assigned (Supp. 76-4). Section R12-5-902 renumbered from Section R12-5-180 (Supp. 93-3). R12-5-902 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-902 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Repealed by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-903 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-903 renumbered from Section R12-5-181 (Supp. 93-3). R12-5-903 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-903 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-904 Application

An application for exchange shall set forth such information, including but not limited to the following:

1. The name the applicant;

2. a description of all lands sought to be exchanged, which description shall be technically competent, definite, susceptible of only one interpretation, and furnish sufficient information for the identification of the land on the ground;

3. The number of acres contained in the lands of applicant offered in exchange, and applicant's estimated value thereof;

4. The number of acres contained in the State Trust Land applied for in exchange, and applicant's estimated value thereof;

5. a list of permanent improvements on the lands to be exchanged, applicant's estimated value thereof and the description of the location thereof in such manner as to facilitate the location thereof on the ground;

6. a description of any leasehold interest in the land to be exchanged or ownership of any improvements thereon, together with the name and address of any such claimant;

7. Accompanying agreements, if any, with the lease-holder or owner of improvements on the lands to be exchanged;

8. A map or maps of the land to be exchanged, coded as to ownership in a suitable manner, as to evaluate the application and assist in making an appraisal;

And aerial photographs of the land to be exchanged.

History

• No original number assigned (Supp. 76-4). Section R12-5-904 renumbered from Section R12-5-182 (Supp. 93-3). R12-5-904 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-904 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-905 Expired

History

• No original number assigned (Supp. 76-4). Emergency repeal filed September 26, 1990, effective September 27, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired, text of original rule placed back into effect December 27, 1990. Section R12-5-905 renumbered from Section R12-5-183 (Supp. 93-3). R12-5-905 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-905 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-906 Expired

History

• No original number assigned (Supp. 76-4). Emergency repeal filed September 26, 1990, effective September 27, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired, text of original rule placed back into effect December 27, 1990. Section R12-5-906 renumbered from Section R12-5-184 (Supp. 93-3). R12-5-906 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-906 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-907 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-907 renumbered from Section R12-5-185 (Supp. 93-3). R12-5-907 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-907 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-908 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-908 renumbered from Section R12-5-186 (Supp. 93-3). R12-5-908 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-908 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-909 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-909 renumbered from Section R12-5-187 (Supp. 93-3). R12-5-909 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-909 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-910 [Repealed]

History

• No original number assigned (Supp. 76-4). Section R12-5-910 renumbered from Section R12-5-188 (Supp. 93-3). R12-5-910 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-910 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Repealed by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Ariz. Admin. Code § R12-5-911 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-911 renumbered from Section R12-5-189 (Supp. 93-3). R12-5-911 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-911 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-912 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-912 renumbered from Section R12-5-190 (Supp. 93-3). R12-5-912 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-912 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-913 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-913 renumbered from Section R12-5-191 (Supp. 93-3). R12-5-913 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-913 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-914 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-914 renumbered from Section R12-5-192 (Supp. 93-3). R12-5-914 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-914 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-915 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-915 renumbered from Section R12-5-193 (Supp. 93-3). R12-5-915 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-915 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-916 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-916 renumbered from Section R12-5-194 (Supp. 93-3). R12-5-916 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-916 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-917 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-917 renumbered from Section R12-5-195 (Supp. 93-3). R12-5-917 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-917 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-918 Controversy As to Title or Leasehold Rights

The Commissioner may in his discretion hold in suspension or reject any application to exchange where it is found that title or leasehold rights in any of the land conveyed thereby are in controversy. The Department will not become a party to any controversy between different claimants to any of the land sought to be exchanged.

History

• No original number assigned (Supp. 76-4). Section R12-5-918 renumbered from Section R12-5-196 (Supp. 93-3) R12-5-918 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-918 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3).

Ariz. Admin. Code § R12-5-919 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-919 renumbered from Section R12-5-197 (Supp. 93-3). R12-5-919 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-919 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-920 Expired

History

• No original number assigned (Supp. 76-4). Section R12-5-920 renumbered from Section R12-5-198 (Supp. 93-3). R12-5-920 repealed by summary action with an interim effective date of July 19, 1996; filed in the Office of the Secretary of State June 27, 1996 (Supp. 96-2). The proposed summary action repealing R12-5-920 was remanded by the Governor's Regulatory Review Council (September 10, 1996) which revoked the interim effectiveness of the summary rule. The Section in effect before the proposed summary action has been restored (Supp. 98-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-921 Expired

History

• Adopted effective September 22, 1978 (Supp. 78-5). Emergency amendment filed September 26, 1990, adopted effective September 27, 1990, pursuant to A.R.S. 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Section R12-5-921 renumbered from Section R12-5-199 (Supp. 93-3). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 764, effective July 31, 2017; filed in the Office March 22, 2018 (Supp. 18-1).

Article 10 EXPIRED

Ariz. Admin. Code § R12-5-1001 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1001 renumbered from Section R12-5-200 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1002 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1002 renumbered from Section R12-5-201 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1003 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1003 renumbered from Section R12-5-202 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1004 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1004 renumbered from Section R12-5-203 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1005 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1005 renumbered from Section R12-5-204 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1006 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1006 renumbered from Section R12-5-205 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1007 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1007 renumbered from Section R12-5-206 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1008 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1008 renumbered from Section R12-5-207 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1009 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1009 renumbered from Section R12-5-208 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1010 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1010 renumbered from Section R12-5-209 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1011 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1011 renumbered from Section R12-5-210 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-5-1012 Expired

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1012 renumbered from Section R12-5-211 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4240, effective September 6, 2002 (Supp. 02-3).

Article 11 SPECIAL USE PERMITS

Ariz. Admin. Code § R12-5-1101 Policy; Use of Land

1. Qualifications of applicants. Any person of the age of 21 years or over, a citizen of the United States or who has declared an intention to become a citizen of the United States or any firm, association or corporation which has complied with the laws of the state, shall be qualified to apply for a special use permit.

2. Application for special use permit; renewal thereof; application fee. An application for general special use permit shall be made on Land Division form. Such application shall describe with particularity the land applied for, and shall state in detail the use to which the applicant intends to put the lands and the period for such use.

3. Form of special use permit. The form of a general special use permit will be prepared by the Department and will be subject to the provisions and supplemental conditions therein contained and the provisions of law and these rules and regulations.

4. Term of permit. A special use permit shall not be issued for a period to exceed ten years or such lesser term as may be established by the Commissioner if he deems such lessor term to be in the best interest of the state. An application for an initial special use permit shall not be approved for a period of longer than two years. Unless it is deemed to be for the best interest of the state, it is not the policy of the Department to allow and issue a special use permit which will seriously interfere with the operations of an established lessee or permittee holding a lease or permit from the Department to the surface or subsurface rights to the land.

5. Minimum fee. No special use permit shall provide for an annual fee for less than appraised rental value of the land and in no event for less than 5¢ per acre per annum or a minimum of $10.00 per annum per permit.

6. Failure to use land for purposes authorized. Any permittee who shall fail to use the land for the purpose for which he holds a permit during the term of his permit, unless for good cause such failure has been authorized or ratified by the Commissioner in writing, may subject his permit to forfeiture or cancellation as provided by law and these rules and regulations.

7. Rights of permittee. All permits granted by the Commissioner are only a license or permit for the use of the land described in the permit for the purpose for which the permit is issued and in a manner compatible with the terms of said permit. The Commissioner reserves the right to grant other permits for the use of said lands for the removal of natural products therefrom. No permittee has the authority or right to issue to any person any right to the use of said land or the removal of any products therefrom, but such right of use vests solely in the Commissioner and must be granted by the Commissioner in writing.

8. Use of state lands. No permittee shall use lands under permit to him except for the purpose for which the permit is issued, unless authorized by the Commissioner in writing.

A. The Department may issue Special Land Use Permits, as a non-exclusive right to use the land and not as a grant of any vested or unvested interest in the land, for any purpose otherwise authorized by statute or law for leases and other grants, including without limitation, grazing, agriculture, commercial, homesite, mineral exploration, and recreation.

9.B. Advertising displays and signage on State Trust Land. The erection or maintenance on State Trust Land of advertising displays and signage, without the Department's issuance of a permit, is unauthorized and shall be deemed a trespass, except as to the following:

10. Advertising displays defined. The words "advertising displays" as used in this Article shall include structures of any kind with or without lighting effects erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever, including statuary, may be placed for advertising purposes but shall not include: a.

1. Official notices or advertisements posted by or under the direction of any public or court officer in the performance of his official duties;

b.2. Danger, precautionary and information signs erected by officials of the federal government or officials of the state or any subdivision thereof, or any non-profit organization in the state warning of the conditions of travel on a highway, or of forest fires, or road symbols, or speed limits, and including all civil defense directional signs;

c.3. Highway markers or signs relating to any city, town, village, historic place, or shrine;

d.4. Notice of any railroad, bridge, ferry, or other transportation or transmission company necessary for the direction or safety of the public;

e.5. Official signs, notices or symbols for the information of aviators, as to location, direction or landings, and conditions affecting safety in aviation;

f. Signs containing 16 square feet or less bearing an announcement of any town, village or city, or non-profit association, or chamber of commerce, advertising itself, or local industries, buildings, meetings, or attractions, but not advertising any particular individual or corporation engaged in business for a profit; providing not more than one sign bearing the same or similar announcement shall be placed on any one approach to the city or village involved;

g.6. Signs erected by Red Cross or other organizations that serve to direct the public during emergency-related events; and

7. Any other circumstances approved in advance by the Department.

11. Applications for advertising display permits. Applications for permits must be executed upon Land Division form No. A-73-3. Each application must contain a sufficient recital of the facts relative to the advertising display, including its size and lighting effect, if any, to enable its substantial production from the description. A sketch showing the location on which the display is to be placed with respect to adjacent physical features should be furnished. The application should identify the highway or other medium of travel along which it is proposed to erect the display and should give the distance and direction of the site, measured by highway travel, to the nearest cities or towns. If the land on which it is desired to place the display has been surveyed, its description should be given in terms of the public land surveys.

12. Fees and rentals for advertising display permits

a. A fee of $1.00 must accompany each application for an advertising display permit.

b. The initial and annual charges for advertising displays shall be as follows: not less than 10¢ per annum for each square foot of sign surface and not less than $2.50 per annum for each display. The amount of the charge, subject to such minima, will be fixed by the Commissioner, which in no event will be less than the appraised rental value for such use.

c. Due consideration will be given in fixing the amounts to all pertinent facts and circumstances, including the charges made for corresponding privileges on privately owned lands similarly situated.

d. When conflicting applications are filed, due consideration will be given to the showing of each applicant and such action will be taken as is deemed to be warranted by the facts and circumstances.

13. Form of advertising display permit and terms. Special use permits to erect and maintain advertising displays on state lands may be issued by or under authority of the Commissioner on forms provided by the Department, or, in his discretion, will be issued on Land Division form and will be subject to the provisions and supplemental conditions therein contained and to such other conditions as may be added thereto, and the provisions of law and these rules and regulations. The term thereof shall be for periods of not exceeding ten years and the permits will be revocable in the discretion of the Commissioner at any time.

14. Renewal of advertising display permits. An advertising display permit issued pursuant to these rules and regulations may be renewed, in the discretion of the Commissioner, upon the filing of an application for renewal not more than 60 nor less than 30 days prior to its expiration.

15.C. Identification of authorized advertising displays. Each advertising display erected or maintained under a permit issued pursuant to these rules and regulations shall, for convenient identification, have the serial number of such permit marked or painted thereon.

16. Unauthorized advertising displays

a. Persons who heretofore have erected advertising displays on state lands must either obtain permits to continue such displays, if authorized by these rules and regulations, or must remove the displays as promptly as possible.

b. Where an unauthorized advertising display on state land is found, the Commissioner will take appropriate steps to secure its removal, unless the owner obtains a permit. The owner, if known, will be given notice in writing of the requirements. Displays erected without permission prior to January 1, 1953, must be removed within three months from and after the date of the approval of these rules and regulations, unless application for a permit is made within that period. Displays erected prior to January 1, 1953, for which applications for permits are made but for which permits are refused, and unauthorized displays thereafter erected must be removed within such reasonable time as may be fixed by the Commissioner. If the owner fails to remove the display within the time allowed, it may be removed by the Commissioner and the owner will be held liable to the Department for expenses incurred in removing it. If the owner is unknown, or cannot be found, the display may be removed by the Commissioner without notice. A registered letter addressed to the owner at his last known place of residence, if returned unclaimed, will be considered sufficient service of notice.

17.D. Restrictions on advertising displays and signage.

a.1. No advertising display or signage shall be permitted which, in the opinion of the Department, would mar the landscape, hide road intersections or crossings, or is otherwise objectionable. At any time, the Department may determine that signage or displays may impose unsafe or imprudent risk to the public or other authorized uses of State Trust Land and may prohibit placement or require modification or removal.

b.2. No advertising display or signage shall be affixed to or painted on any tree or rock situated on State Trust Land or on any other natural object on such land.

c.3. All advertising displays and signage shall conform to applicable state laws and local ordinances or regulations.

History

• Original rule, Art. XI, Subchapter B, Ch. II (Supp. 76-4). Emergency amendment filed September 26, 1990, adopted effective September 27, 1990, pursuant to A.R.S. 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Section R12-5-1101 renumbered from Section R12-5-241 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.

Article 12 FEES

Ariz. Admin. Code § R12-5-1201 Administrative Fees

The State Land Department shall charge the following fees for:

| Application Type | Fee | | --- | --- | | Agricultural and Grazing - New (per section or fraction thereof) | $150 | | Agricultural and Grazing - Renew | $200 | | Commercial - New (10 years or less) | $1,000 | | Commercial - New - long-term (more than 10 years) | $2,000 | | Commercial - Renew (includes homesite) | $1,000 | | Appraisal for long-term leases and land sales | Actual cost | | Complete Assignment to an entity 100% controlled by assignor or family member | $500 | | Partial assignment for long-term Commercial Lease only - (more than 10 years) | $2,500 | | All other assignments | $1,000 | | Application to Place Improvement | $150 | | Application to Place Improvement without Prior Approval | $200 | | Application for Land Treatment | $150 | | Special Land Use Permits - New or Renew | $300 | | Non-commercial Sovereign Land Boat Dock / Launch Ramp Permit | $100 | | Application to Amend General | $100 | | Sublease | $200 | | Amendments for Commercial Lease - 10 years or less | $500 | | Amendments for Commercial Lease - long-term (more than 10 years) | $1,000 | | Lease Reinstatement | $300 | | Replacement of lost documents | $50 | | Certified copy of documents | $10 + $1 per page | | Returned check | $20 | | Miscellaneous filings: Power of Attorney, Probate Documents and Divorce Documents | $50 | | Mortgage, Deed of Trust | $50 per lease | | Bond for conservation or purchase applications for conservation purposes | $1,000 | | Right of Way - New or Renew | $500 | | Right of Way - Amendment | $100 | | Temporary Right of Entry | $100 | | Application to Purchase | $2,000 | | Certificate of Purchase (Issuance) | $1,000 | | Patent (Issuance) | $200 | | Application for Partial Patent | $1,000 | | Natural Products - Commercial - Wood Products | $200 | | Natural Products - Incidental Use Permit | $200 | | Natural Products - Water | $500 | | Mineral Materials | $500 | | Minerals | $500 | | Mineral Exploration (New or Renew) | $500 | | Oil & Gas (New or Renew) | $500 | | Geothermal | $500 | | Recreational Annual Use - Individual | $15 | | Recreational Permits (Group) Less than 5 days, Less than 20 people | $15 | | Recreational Annual Use - Immediate Family Unit (Two adults and children under the age of 18) | $20 | | Urban Planning Classification | $1,000 | | Urban Planning Development | $1,000 |

History

• Adopted as an emergency effective July 31, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Permanent rule adopted effective November 1, 1984 (Supp. 84-6). Section R12-5-301 repealed, new Section adopted by emergency action and filed September 26, 1990, effective September 27, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired, text of original Section placed back into effect December 27, 1990. Section R12-5-1201 renumbered from Section R12-5-301 (Supp. 93-3). R12-5-1201 repealed by summary action with an interim effective date of August 30, 1996; filed in the Office of the Secretary of State August 8, 1996 (Supp. 96-3). Adopted summary rules filed December 6, 1996; interim effective date of August 30, 1996 now the permanent effective date (Supp. 96-4). New Section made by exempt rulemaking at 17 A.A.R. 813, effective April 22, 2011 (Supp. 11-2).

Article 13 REPEALED

Ariz. Admin. Code § R12-5-1301 [REPEALED]

History

• Section R12-5-1301 renumbered from Section R12-5-501 (Supp. 93-3). R12-5-1301 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1302 [REPEALED]

History

• Original rule, Art. III, Ch. IV (Supp. 76-4). Section R12-5-1601 renumbered from Section R12-5-560 (Supp. 93-3). R12-5-1302 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Article 16 [REPEALED]

Ariz. Admin. Code § R12-5-1601 [REPEALED]

History

• Original rule, Art. III, Ch. IV (Supp. 76-4). Section R12-5-1601 renumbered from Section R12-5-560 (Supp. 93-3). R12-5-1601 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1602 [REPEALED]

History

• Original rule, Art. III, Ch. IV (Supp. 76-4). Section R12-5-1602 renumbered from Section R12-5-561 (Supp. 93-3). R12-5-1602 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1603 [REPEALED]

History

• Original rule, Art. III, Ch. IV (Supp. 76-4). Section R12-5-1603 renumbered from Section R12-5-562 (Supp. 93-3). R12-5-1603 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1604 [REPEALED]

History

• Original rule, Art. III, Ch. IV (Supp. 76-4). Section R12-5-1604 renumbered from Section R12-5-563 (Supp. 93-3). R12-5-1604 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1605 [REPEALED]

History

• Original rule, Art. III, Ch. IV (Supp. 76-4). Section R12-5-1605 renumbered from Section R12-5-564 (Supp. 93-3). R12-5-1605 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1606 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1606 renumbered from Section R12-5-570 (Supp. 93-3). R12-5-1606 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1607 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1607 renumbered from Section R12-5-571 (Supp. 93-3). R12-5-1607 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1608 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1608 renumbered from Section R12-5-572 (Supp. 93-3). R12-5-1608 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1609 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1609 renumbered from Section R12-5-573 (Supp. 93-3). R12-5-1609 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1610 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1610 renumbered from Section R12-5-574 (Supp. 93-3). R12-5-1610 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1611 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1611 renumbered from Section R12-5-575 (Supp. 93-3). R12-5-1611 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R12-5-1612 [REPEALED]

History

• Adopted effective November 25, 1977 (Supp. 77-6). Section R12-5-1612 renumbered from Section R12-5-576 (Supp. 93-3). R12-5-1612 repealed by summary action with an interim effective date of May 3, 1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2). Adopted summary rules filed August 13, 1996; interim effective date of May 3, 1996 now the permanent effective date (Supp. 96-3).

Article 17 REPEALED AND EXPIRED

Ariz. Admin. Code § R12-5-1701 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1701 renumbered from Section R12-5-600 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1702 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1702 renumbered from Section R12-5-601 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1703 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1703 renumbered from Section R12-5-602 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1704 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1704 renumbered from Section R12-5-603 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1705 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1705 renumbered from Section R12-5-604 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1706 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1706 renumbered from Section R12-5-605 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1707 Expired

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1707 renumbered from Section R12-5-606 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 1652, effective January 31, 2012 (Supp. 12-2).

Ariz. Admin. Code § R12-5-1708 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1708 renumbered from Section R12-5-607 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1709 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1709 renumbered from Section R12-5-608 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1710 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1710 renumbered from Section R12-5-609 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1711 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1711 renumbered from Section R12-5-610 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1712 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1712 renumbered from Section R12-5-611 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1713 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1713 renumbered from Section R12-5-612 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1714 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1714 renumbered from Section R12-5-613 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1715 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1715 renumbered from Section R12-5-614 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1716 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1716 renumbered from Section R12-5-615 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1717 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1717 renumbered from Section R12-5-616 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1718 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1718 renumbered from Section R12-5-617 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1719 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1719 renumbered from Section R12-5-618 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1720 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1720 renumbered from Section R12-5-619 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1721 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1721 renumbered from Section R12-5-620 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1722 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1722 renumbered from Section R12-5-621 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1723 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1723 renumbered from Section R12-5-622 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Ariz. Admin. Code § R12-5-1724 [REPEALED]

History

• Original rule, Ch. V (Supp. 76-4). Section R12-5-1724 renumbered from Section R12-5-623 (Supp. 93-3). Section repealed by final rulemaking at 6 A.A.R. 3180, effective August 1, 2000 (Supp. 00-3).

Article 18 MINERAL LEASES

Ariz. Admin. Code § R12-5-1801 Definitions

Unless the context otherwise requires:

1. "Commissioner" means the State Land Commissioner.

2. "Contiguous" means adjoining and having at least part of one side in common.

3. "Department" means the State Land Department.

4. "Geochemical surveys" means surveys on the ground for mineral deposits by the proper application of principles and techniques of the science of chemistry as they relate to the search for and the discovery of mineral deposits.

5. "Geological surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits.

6. "Geophysical surveys" means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinuities in geological formations.

7. "Lessee" means the holder of any lease issued pursuant to the provisions of these rules and regulations and includes the holder of an approved assignment of such lease.

8. "Mineral" means all natural inorganic substances that may be extracted from the earth, and includes mineral compounds and mineral aggregates, natural building stone, saline deposits, and such organic substances as coal and guano, but does not include petroleum and related hydrocarbon gases or other natural gases.

9. "Mining" means extracting mineral from the earth, but shall not include any activity carried on after the mineral has been detached from the earth and has reached the natural or original surface of the earth.

10. "Qualified expert" means an individual qualified by education or experience to conduct geological, geochemical, or geophysical surveys, as the case may be.

11. "Shipping" means the transportation of extracted mineral, after mining, to the place of processing or sale.

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1801 renumbered from Section R12-5-701 (Supp. 93-3).

Ariz. Admin. Code § R12-5-1802 Expired

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1802 renumbered from Section R12-5-702 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective January 31, 2002 (Supp. 02-1).

Ariz. Admin. Code § R12-5-1803 Expired

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1803 renumbered from Section R12-5-703 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective January 31, 2002 (Supp. 02-1).

Ariz. Admin. Code § R12-5-1804 Expired

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1804 renumbered from Section R12-5-704 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective January 31, 2002 (Supp. 02-1).

Ariz. Admin. Code § R12-5-1805 Lease for Mineral Claim

A. Term of lease. Every mineral lease of state land shall be for a term of 20 years.

B. Lessee's right of possession and enjoyment. Every mineral lease shall confer the right:

1. To extract and ship minerals from the claim located within planes drawn vertically downward through the exterior boundary lines thereof, provided:

a. That in case of each lease of a claim located pursuant to the provisions of subsection (C) of these rules and regulations (Type A claim), the lease shall confer extralateral rights, in the discovery vein only, as follows:

Exclusive right of possession and enjoyment of the vein, lode, or ledge throughout its entire depth, the top or apex of which lies inside the surface lines of the claim extended downward vertically, although such veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But the right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of the location, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in this subsection shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.

2. To use as much of the surface as required for purposes incident to mining.

Of ingress to and egress from other state lands, whether or not leased for purposes other than mining.

a. Proposed routes of ingress and egress over state lands, preferably reflecting agreement on the part of the lessees concerned, shall be subject to final approval by the Commissioner. Construction of roadways shall not be initiated by the mineral claimant or lessee until such approval is had.

C. Provisions of mineral lease

1. Every mineral lease of state lands shall provide for:

a. The annual performance of not less than $100.00 worth of labor or of improvements made upon each claim or group of contiguous claims in common ownership. The annual expenditure shall become due and shall be performed during the year commencing at the expiration of one year from the date of location at 12:00 o'clock meridian and during each year thereafter.

i. The term "labor" shall include, without being limited to, geological, geochemical and geophysical surveys conducted by qualified experts and verified by a detailed report filed with the Commissioner which sets forth fully

(1) the location of the work performed in relation to the point of discovery and boundaries of the claim,

(2) the nature, extent and cost thereof,

(3) the basic findings therefrom, and

(4) the name, address, and professional background of the persons conducting the work.

Such surveys, however, may not be applied as labor for more than two consecutive years or for a total of more than five years on any one mining claim, and each such survey shall be non-repetitive of any previous survey of the same claim.

ii. Improvements mentioned in (A)(1) above shall be limited to those necessary and incident to mining or which develop, or tend to develop, mineral.

iii. Proof of annual labor on each claim shall be filed with the Commissioner, in such form as the Commissioner may prescribe, within 90 days after expiration of the period provided for its performance.

b. The fencing of all shafts, prospect holes, adits, tunnels and other dangerous mine workings for the protection of livestock.

c. The construction of necessary improvements and installation of necessary machinery and equipment with the right to remove it upon expiration, termination or abandonment of the lease, if all the monies owing to the state under the terms of the lease have been paid.

d. The cutting and use of timber and stone upon the claim, not otherwise appropriated, for fuel, construction of necessary improvements, or for drains, roadways, tramways, supports, or other necessary purposes.

e. The right of the lessee and his assigns to transfer the lease.

f. Termination of the lease by the Commissioner upon written notice specifically setting forth the default for which forfeiture is declared, and preserving the right of the lessee to cure the default within a period of not less than 30 days.

Notices of termination shall be mailed to the address of record of the lessee. Such notice shall set forth the default and inform the lessee of the time and place he may appear before the Commissioner to show cause why the lease should be restored to good standing.

g. Termination of the lease by the lessee at any time during its term by giving the Commissioner 30 days' notice of termination in writing; provided, the lessee is not delinquent in the payment of rent or royalty to the date of termination.

D. Lease rental. The rental for a lease of a mineral claim on state lands shall be $15.00 per annum, payable in advance at the time of application for lease and at the beginning of each yearly period thereafter.

E. Royalty

1. Every mineral lease of state land shall provide for payment to the state by the lessee of a royalty of 5% of the net value of the minerals produced from the claim. The net value shall be deemed to be the gross value after processing, where processing is necessary for commercial use, less the actual cost of transportation from the place of production to the place of processing, less costs of processing and taxes levied and paid upon the production thereof. In case of minerals not processed for commercial use, the net value shall be the gross proceeds, or gross value, at the place of sale or use, less the actual cost of transportation from the place of production to the place of sale or use, less taxes, if any, levied and paid upon the production thereof.

2. In the case of limestone, silica, shale, and clay manufactured into building materials, the royalty shall be 3¢ per gross short ton of material removed. The 3¢ per ton royalty shall be based upon the average regional wholesale price of the building material so manufactured over the 12-month period immediately preceding June 14, 1958. The royalty shall be adjusted at the end of each five-year period thereafter in direct proportion to the decrease or increase in the five-year average of the average yearly regional prices for such building materials over the preceding five-year period, providing the decrease or increase amounts to 10% or more of the previous base price.

3. In case of sand, rock and gravel to be used in the construction of roads, buildings or other structures, the royalty shall be 5¢ per cubic yard.

a. As used as a basis of classification for royalty purposes, the word "rock" means the granular material coarser than gravel, and usually associated with natural deposits of sand and gravel.

4. The minimum rental paid for each year shall be credited upon royalties which may become due during the year.

F. Assignment of lease. The lessee of each mineral claim, if not in default of rent or royalty, and who has kept and performed all the conditions of his lease, may with the written approval of the Commissioner assign his lease. Application for assignment and assignments will be in such form as the Commissioner may require.

G. Renewal. Upon application to the Commissioner, not less than 30 nor more than 60 days prior to the expiration of the lease, the lessee of mineral lands, if he is not delinquent in the payment of rental or royalty on the date of expiration of the lease, shall have a preferred right to renew the lease bearing even date with the expiration of the old lease for a term of 20 years.

H. Sub-leases. No sub-lease shall be valid without the written permission of the Department.

I. Lease, reserved mineral interest; bond

1. Each mineral lease of the state's reserved mineral interest, resulting from sale of state land, shall contain such special conditions and terms as are necessary to the protection of the pertinent patentee or contract purchaser of state lands, or their successors in interest and the state of Arizona, against damage to lands, livestock, water, crops or other tangible improvements on lands held by such patentee or contract purchaser and suffered by the reason of the use or occupation of such land by the lessee.

a. Lease applicant will be required to execute a bond in a reasonable principal amount, conditioned upon payment for such damage.

b. Failure by lease applicant to post bond within 30 days after notice of such requirement has been served by the Department shall be deemed to constitute forfeiture of right to the lease.

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1805 renumbered from Section R12-5-705 (Supp. 93-3).

Ariz. Admin. Code § R12-5-1806 Records and Reports

A. Annual lease report. An annual report shall be submitted by the lessee of each mineral claim showing any and all work performed, improvements made, the cost thereof, and such other information as the Commissioner may require. The report, covering the mining operation in general, shall be filed with the Commissioner within 90 days after expiration of the period provided for the performance of annual labor, shall be incorporated with the report of that labor and shall be in such form as the Commissioner may prescribe.

B. Monthly production report. A monthly report of production shall be submitted by the lessee of each mineral claim within 15 days after the end of the month in which production is first had and before the 15th of each succeeding month for the month immediately preceding, unless otherwise ordered by the Commissioner. Any negative report subsequent to the initial production report shall be submitted unless waived by the Commissioner. The report shall be in such form as the Commissioner may prescribe and shall contain such information as the Commissioner may require, including, but not limited to, information regarding amounts of mineral extracted, use, or sold, the costs of shipping and processing, and the monetary returns therefrom.

C. Records. Each lessee of a mineral claim shall make and keep appropriate books and records covering the mining, shipping, processing and selling of mineral from the claim. The Commissioner or his representative shall have the right at all times during the existence of each lease of a mineral claim, and for six months thereafter, to make such reasonable examination of such books, records or other material as may be necessary to obtain information desired.

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1806 renumbered from Section R12-5-706 (Supp. 93-3).

Ariz. Admin. Code § R12-5-1807 Relating to Mineral Reservations

A. Definitions. Unless the context otherwise requires:

1. "Commissioner" means the State Land Commissioner.

2. "Department" means the State Land Department.

"Reserved minerals" means those minerals, hydrocarbons and other substances as defined in A.R.S. § 37-231, subsection (E).

B. Scope and authority. These rules and regulations are for the protection of the patentee or contract purchaser of state lands, sold under the authority granted by A.R.S. § 37-231, subsection (E), or their successors in interest, and the state of Arizona, against damage to the lands, livestock, water, crops, or other tangible improvements on lands held by such patentee or contract purchaser, and suffered by reason of the use or occupation of such lands by lessees or permittees engaged in mining and oil and gas exploration and development under leases or permits executed by the Department.

C. Nature of mineral reservation. In accordance with the provisions of A.R.S. § 37-231, wherein the state of Arizona reserves and retains all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, coal, metals, minerals, fossils, fertilizer of every name and description, together with all uranium, thorium, or any other material determined to be peculiarly essential to the production of fissionable materials, and the exclusive right thereto, on, in, or under such land regardless of any sale of its lands and the subsequent issuance of any instrument conveying title thereto, the State Land Department, for, and on behalf of the state of Arizona, at the same time reserves the right to sever and ship the reserved minerals therefrom; at the same time recognizing its responsibility to properly provide for the protection of the purchaser against damage to his lands and certain improvements on the lands held by him as provided by law.

D. Surface and subsurface use. A lessee or permittee engaged in mining and oil and gas exploration and development under leases or permits executed by the Department shall have the right to reasonable use of so much of the surface or subsurface of the lands of a patentee or contract purchaser as may be necessary for the conduct of operations to explore for, sever and remove the reserved minerals under such leases or permits, provided that the Commissioner in his discretion may require a lessee or permittee to, first, secure the written consent or waiver of the patentee or contract purchaser; or, second, pay to the patentee or contract purchaser the damages to the lands, livestock, water, crops, or other tangible improvements under agreement; or, third, in lieu of either of the foregoing provisions, post with the Department prior to his entry upon the lands, a cash deposit or surety bond, in an amount to be fixed by the Commissioner, conditioned upon payment to the patentee or contract purchaser for all such damage caused by lessee or permittee.

History

• Original rule, Art. VI, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1807 renumbered from Section R12-5-707 (Supp. 93-3).

Article 19 PROSPECTING PERMITS

Ariz. Admin. Code § R12-5-1901 Definitions

A. "Commissioner" means State Land Commissioner.

B. "Date of issuance of permit" means the 15th day after approval of the designated land by the Commissioner.

C. "Department" means State Land Department.

D. "Exploration" means activity conducted upon the state land covered by an exploration permit to determine the existence or nonexistence of a valuable mineral deposit, including but not limited to geological, geochemical or geophysical surveys conducted by qualified experts, and drilling, sampling and excavation, together with the costs of assay and metallurgical testing of samples from such land.

E. "Geochemical surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits.

F. "Geological surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits.

G. "Geophysical surveys" means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinuities in geological formations.

H. "Mineral" means all natural inorganic substances that may be extracted from the earth and includes mineral compounds and aggregates, natural building stone, saline deposits, and such organic substances as coal and guano but does not include petroleum and related hydrocarbon gases or other natural gases.

I. "Qualified expert" means an individual qualified by education or experience to conduct geological, geochemical, or geophysical surveys, as the case may be.

History

• Original rule, Art. VI-A, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1901 renumbered from Section R12-5-731 (Supp. 93-3).

Ariz. Admin. Code § R12-5-1902 Expired

History

• Original rule, Art. VI-A, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1902 renumbered from Section R12-5-732 (Supp. 93-3). Section expired under A.R.S. § 41- 1056(J) at 23 A.A.R. 297, effective January 31, 2012; filed in the Office January 11, 2017 (Supp. 17-1)

Ariz. Admin. Code § R12-5-1903 Application for Permit

A. Qualifications of applicant. Any citizen of the United States, partnership or association of citizens, or a corporation organized under the laws of the United States or any state or territory thereof, and authorized to transact business in the state, may apply to the Commissioner for a mineral exploration permit on state land.

B. Area covered by permit application. Separate application shall be made for each mineral exploration permit. A permit may include one or more of the rectangular subdivisions of 20 acres, more or less, or lots of state land in any one section of the public land surveys.

C. Information to be furnished by the applicant

1. The application for permit shall be in such form as the Commissioner may prescribe, shall be in writing, signed by the applicant or an authorized agent or attorney for the applicant, and shall contain the following information:

a. Name and address of applicant.

b. Statement whether applicant is an individual, partnership or corporation.

c. Statement of citizenship.

d. If a corporation:

i. Name.

ii. State of incorporation.

iii. Arizona business address.

iv. Affirmation of authorization to do business in Arizona.

e. Age and marital status.

f. Description according to the public land survey of the land for which application is being made.

g. Location of mineral locations, claims or leases on the land under application.

h. Location of abandoned underground or other major workings on the land under application.

i. Location of proposed roadways within the area under application and of proposed of ingress and egress over other state land concerned.

j. Location of improvements or crops on land under application, or on land over which proposed routes of ingress and egress pass. (Information required in (g), (h), and (i) above, shall be conveyed by means of a reasonably accurate plat, or drawing, accompanying the application form.)

2. This rule shall not be taken or construed to limit or restrict the authority of the Commissioner to require the furnishing by the applicant of such additional information as may appear to him to be necessary or desirable, either generally or specifically, for the proper administration of the law governing prospecting permits.

D. Filing application for permit; fee; time of filing

Each application filed with the Department shall be accompanied by payment to the Department of a failing fee of $15.00.

2. Each application so filed that meets the requirements of (A), (B), and (C)(1) above shall be stamped by the Department with the time and date it is filed with the Department and, upon being so stamped, shall have a priority over any other application for a permit involving the same state land which may be filed with the Department subsequent to such time and date.

a. Each application filed by U.S. Mail shall be considered to have been filed in the Department at the time and date it is delivered to the mail room of the Department, provided the requirements of (A), (B), and (C)(1) have been met.

b. When two or more applications are delivered to the mail room of the Department in the same mail, the applications shall be deemed to have been simultaneously filed.

3. Each application not meeting the requirements of (A), (B), and (C)(1) above shall be rejected by the Department.

E. Withdrawal from mineral location of lands under application. The open state land involved in a filed and time-stamped application for permit shall be deemed withdrawn from mineral location at the time the application is stamped and shall remain so withdrawn so long as the application is pending.

F. Adjudication of rights; notice to applicant; issue of permit

1. Not less than 30 days, nor more than 45 days from the filing of the application with the Department, provided there is no prior application for a mineral exploration permit involving the same state land then pending before the Department, or if such prior application is then pending but is subsequently cancelled, not more than 15 days after it is cancelled, the Department shall mail to the applicant, by registered or certified mail at the address shown on the application, a written notice designating:

a. The state land described in the application which, at the time the application was filed with the Department, was open to entry and location as a mineral claim or claims upon discovery of a valuable mineral deposit thereon,

b. The amount of rental required to be paid for the mineral exploration permit, and

c. Whether a bond will be required as a condition to issuance of such permit.

2. If, within 15 days after the mailing of such notice, the applicant shall pay to the Department as rental for the permit, the amount of $2.00 per acre for each acre of state land designated in the notice and shall file with the Department the bond, if any, required as a condition to issuance, the Commissioner shall issue to the applicant a mineral exploration permit for the state land designated in the notice.

G. Default by applicant; cancellation of application. Upon failure of the applicant for a mineral exploration permit to make the payment or furnish the required bond within the period of 15 days, as provided in (F) above, the application shall be deemed cancelled, of no further effect and the filing fee forfeited.

H. Simultaneous filings; conflicts; adjudication of priority

1. In the event it is determined by the Department that two or more applications for a mineral exploration permit have been filed at the same time, as indicated by the time-stamp, and that the applications include one or more rectangular subdivisions of 20 acres, more or less, or lots of state land which are identical, a conflict of priority shall exist as to such identical land.

2. Resolution of conflicts of priority shall be by drawing held by the Department not less than ten, nor more than 20 days after the simultaneous filing. Ample notice by registered mail of conflict and drawing shall be given each applicant involved. The drawing shall be conducted in such a manner as to resolve the order of priority of filing between or among the simultaneously filed applications, and suitable notice of the determined order of priority shall be given to each such applicant by the Department.

I. Right of applicant to use of land. The filing of an application for a mineral exploration permit shall not confer upon the applicant any greater right to use of the land under application than that held before such filing.

History

• Original rule, Art. VI-A, Subchapter B, Ch. II (Supp. 76-4). Emergency amendment filed September 26, 1990, adopted effective September 27, 1990, pursuant to A.R.S. 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Section R12-5-1903 renumbered from Section R12-5-733 (Supp. 93-3).

Ariz. Admin. Code § R12-5-1904 Expired

History

• Original rule, Art. VI-A, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-1904 renumbered from Section R12-5-734 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective January 31, 2002 (Supp. 02-1).

Ariz. Admin. Code § R12-5-1905 Conversion of Permitted Acreage to Mineral Lease

Application for lease.

1. Following discovery of a valuable mineral deposit upon the state land covered by a mineral exploration permit with a rectangular subdivision of 20 acres, more or less, or lot of the public land survey, the permittee may apply to the Commissioner for a mineral lease upon state land so contained.

a. For the purpose of the application and any mineral lease issued pursuant to such application, such rectangular subdivision or lot shall constitute a mineral claim without extra-lateral rights and shall be deemed to have been located as of the date of filing the application for mineral lease.

2. The application for mineral lease shall be on a form provided by the Commissioner and shall be accompanied by:

a. Lease application fee of $25.00 per lease.

b. Advance annual rental of $15.00 per claim.

c. A plat, to scale, accurately showing location of the claim properly tied in to known U.S. Public Survey corner monuments to properly identify the land claimed.

d. A reasonably accurate drawing showing the proposed route of ingress and egress over other state land concerned.

e. Evidence, in a form acceptable to the Commissioner, constituting the applicant's proof of a valuable mineral deposit within the bounds of the claim. Final determination as to such proof shall be made by the Commissioner from the evidence submitted or by any other means at his disposal.

Ordinarily, both the application to lease, and the lease, shall be on the basis of one application per claim and one lease per claim. However,

a. The Commissioner may permit the acceptance of applications embracing more than one claim provided the claims are contiguous and further provided, that prior arrangement for such consolidation has been made and approval had; and

b. The Commissioner may permit or cause consolidation of claims for lease purposes to the extent consistent with required Departmental administrative procedures. Any consolidation thus effected shall not alter the provisions of susbsection (2) above.

4. From and after the date of issuance of a mineral lease, the mineral claim or claims covered by such mineral lease shall be deemed to be excluded from the prospecting permit.

History

• Original rule, Art. VI-A, Subchapter B, Ch. II (Supp. 76-4). Emergency amendment filed September 26, 1990, adopted effective September 27, 1990, pursuant to A.R.S. 41-1026, valid for only 90 days (Supp. 90-3). Emergency expired. Section R12-5-1905 renumbered from Section R12-5-735 (Supp. 93-3).

Article 20 COMMON MINERAL MATERIALS AND NATURAL PRODUCTS

Ariz. Admin. Code § R12-5-2001 Definitions

A. "Common mineral materials" includes cinders, sand, gravel and associated rock, fill-dirt, common clay, disintegrated granite, boulders and loose float rock, waste rock and materials of similar occurrence commonly used as aggregate road material, rip-rap, ballast, borrow, fill, for general construction and for similar purposes.

B. "Natural products" includes all other products severed from the land including, but not limited to, water and plants but shall not include geothermal resources and those substances subject to the mining prospecting permit and leasing laws of Arizona.

C. "Royalty" means the monetary consideration representing the true appraised value of the common mineral materials of natural products.

D. For the purposes of any common mineral materials sales agreement, unless otherwise stated, the following terms shall have these meanings.

1. "Ton" is 2,000 pounds.

2. A "cubic yard" is a measurement of material that will fill a container that measures 1 yard by 1 yard by 1 yard and when a cubic yard is to be converted to tons industry accepted measures of conversion will be used.

3. "Annual production" is the number of tons of material that the Department determines is a reasonable amount to be extracted from the site in any 12-month period.

4. "Unit royalty rate" is the amount of money to be paid by the buyer to the Department for each ton of common mineral materials extracted.

History

• Former Section R12-5-771 repealed as an emergency effective October 31, 1977, new Section R12-5-771 adopted effective September 16, 1977 (Supp. 77-5). Former Section R12-5-771 repealed as an emergency now repealed, new Section adopted effective September 21, 1978 (Supp. 78-5). Section R12-5-2001 renumbered from Section R12-5-771 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2002 Miscellaneous Rules

A. Scope. These rules are promulgated pursuant to authority vested in the State Land Department by statute and provide for the disposition of common mineral products and natural products in conformance with the enabling Act and Arizona Constitution. These rules and regulations shall supersede any existing rules or procedures of the Department under this Chapter.

B. Application of rules. As applicable, these rules shall govern the sale of all common mineral materials and natural products.

C. State land subject to application to purchase. Any state-owned land containing deposits or accumulations of common mineral materials and natural products shall be subject to application for sale thereof it being understood that the state reserves the right to refuse to authorize the sale of common mineral materials or natural products on its lands.

D. Location prohibited. Common mineral materials and natural products are not subject to location as a claim, application for prospecting permit or to application for a mineral lease, as provided by Title 27, Chapter 2, Articles 3 and 4 of the Arizona Revised Statutes. The right to enter upon state land for the purpose of exploring and testing of common mineral materials is reserved by the Department.

E. Nature of agreement. A common mineral materials or natural products sales agreement is an agreement by virtue of which the holder may enter designated state trust lands and recover, extract, use, store, remove and dispose of the materials or natural products designated in the sales agreement, as set forth in R12-5-775(B), R12-5-778, and R12-5-779.

F. Area of activity. The agreement entitles the holder to pursue any permitted activity on or within the premises as determined by boundaries drawn vertically downward through the exterior boundaries of the premises.

G. Environmental protection. At any time during the course of the agreement, the Department may require the purchaser to employ new or other conservation measures in addition to any required at the time of purchase. Any such requirement shall not affect the royalty or minimum annual guarantee requirement.

H. Rehearings and appeals. The right to a rehearing or an appeal from an intermediate or final order of the Department, Commissioner or Board of Appeals from any action taken pursuant to this Article, shall be as authorized by the law pertaining to the conduct of the Department, Commissioner and Board of Appeals, the general rules pertaining to such rehearings and appeals and such right is neither enlarged nor diminished by this Article.

History

• Former Section R12-5-772 repealed as an emergency effective October 31, 1977, new Section R12-5-772 adopted effective September 16, 1977 (Supp. 77-5). Former Section R12-5-772 repealed as an emergency now repealed, new Section adopted effective September 21, 1978 (Supp. 78-5). Section R12-5-2002 renumbered from Section R12-5-772 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2003 Application for Purchase

A. Qualification of applicant. Any citizen, or one who has declared his intention to become a citizen, of the United States, partnership, or association of citizens, or a corporation organized under the laws of the United States or any state, or territory thereof, and authorized to transact business in the state, and any agency of the state of Arizona or any political subdivision thereof may apply to the Department to purchase common mineral materials or natural products.

B. Area covered by application. A separate application shall be made for each common mineral materials or other natural products sale that relates to land in a different section or to non-contiguous parcels within a section. The size of any area subject to sale shall be determined by the Department in order to further the best interests of the state, and may represent consolidated applications.

C. Information to be furnished by the applicant.

1. The application to purchase shall be in such form as the Commissioner may prescribe, shall be filed with the Department by the applicant or an authorized agent for the applicant, and shall contain the following information:

a. Name and address of applicant.

b. Statement whether applicant is an individual, partnership or corporation or agency of the state or political subdivision thereof.

c. Statement of citizenship, when applicable.

d. If a corporation:

i. Name.

ii. State of incorporation.

iii. Arizona business address.

iv. Affirmation of authorization to do business in Arizona.

e. Age and marital status, when applicable.

f. Description, according to the public land survey, of the land for which application is being made.

g. Location of mineral claims or leases on the land under application.

h. Location of abandoned mineral workings or common mineral materials pits on the land under application.

i. Location of proposed roadways within the area under application and of proposed routes of ingress and egress over other state land.

j. Location of improvements or crops on land under application or on land over which proposed routes of ingress and egress pass (information required in (g) through (j) herein shall be conveyed by means of a reasonably accurate plat or drawing accompanying the application form).

2. This rule shall not be taken or construed to limit or restrict the authority of the Commissioner to require the applicant to furnish such additional information, either generally or specifically, as the Commissioner may deem necessary for the proper administration of the law governing sales of common mineral materials or other natural products.

D. Filing application for sale. Each application filed with the Department shall be accompanied by the filing fee provided by law and an application for commercial lease of whatever portion, if any, of the lands covered by the sale application upon which the applicant intends to undertake related commercial activities, place permanent improvements or otherwise use the surface.

History

• Former Section R12-5-773 repealed as an emergency effective October 31, 1977, new Section R12-5-773 adopted effective September 16, 1977 (Supp. 77-5). Former Section R12-5-773 repealed as an emergency now repealed, new Section adopted effective September 21, 1978 (Supp. 78-5). Section R12-5-2003 renumbered from Section R12-5-773 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2004 Exploration Permits

Common mineral materials and natural products, exploration, permits.

1. Scope. Following receipt of an application to purchase, the Department may issue permits to any person to explore for common mineral materials or natural products which are subject to sale.

2. Issuance of permits. Such permits will be issued only for limited entry into designated areas for the purpose of exploring or testing for common mineral material or natural products.

3. Non-assignability of permits. Such permits are non-assignable and subject to control stipulations by the Department.

4. No reimbursable improvements will be authorized or recognized by the Department in connection with any activity pursuant to an exploration permit.

5. Filing an application for sale shall entitle an applicant to an exploration permit without payment of further fees; any other person wishing to explore must pay a sum equal to the application fee.

6. All related state land must be restored after exploration and before sale by the exploring person(s).

History

• Former Section R12-5-774 repealed as an emergency effective October 31, 1977, new Section R12-5-774 adopted effective September 16, 1977 (Supp. 77-5). Former Section R12-5-774 repealed as an emergency now repealed, new Section adopted effective September 21, 1978 (Supp. 78-5). Section R12-5-2004 renumbered from Section R12-5-774 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2005 Use of Land

A. Rights of applicant. Except as may be provided by an exploration permit duly issued pursuant to R12-5-774, the filing of an application for a common mineral material or other natural products sale shall not confer upon the applicant any greater right to the use of the land under application or to the common mineral materials or other natural products therein than were held by the applicant before filing.

B. Rights of Buyer. The Buyer shall have the right to use as much of the surface of the premises as is reasonably necessary for the extraction, severance, temporary storage, removal and disposition of the materials from the premises, including the right to wash, screen, crush, sort or otherwise mechanically process those materials, together with the right of ingress to and egress from the premises across other state lands along designated routes approved by the Department. The right herein granted shall be perfected by Buyer obtaining the commercial lease referred to in R12-5-773(D).

C. Use by other than Buyer; assignability of Buyer's rights. No one other than the employees or officers of the Buyer or those of an independent contractor engaged in the performance of a written contract with the Buyer shall have the right to enter upon the premises to perform any act permitted Buyer under the sales agreement. However, Buyer may assign its interest upon the prior written approval of the Department upon a form provided for such.

D. No reimbursable improvements shall be authorized or recognized by the Department no matter by whom or for what purpose constructed insofar as the Buyer of a common mineral materials or natural products agreement is concerned. The Buyer shall have 90 days following the expiration or termination of the agreement, provided Buyer has performed all acts to be performed by it to remove any improvements; further provided that such removal does not interfere with the land being returned to an acceptable condition. Otherwise, any such improvements shall be deemed abandoned to the trust. Nothing in this provision, however, shall interfere with any right to reimbursement for improvements which Buyer might have by virtue of its status as a lessee of the Department.

History

• Former Section R12-5-775 repealed as an emergency effective October 31, 1977, new Section R12-5-775 adopted effective September 16, 1977 (Supp. 77-5). Former Section R12-5-775 repealed as an emergency now repealed, new Section adopted effective September 21, 1978 (Supp. 78-5). Section R12-5-2005 renumbered from Section R12-5-775 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2006 Notice and Conduct of Competitive Sales

A. Nature

1. All sales of common mineral materials and natural products, except to governmental agencies, shall be by public auction.

2. Common mineral materials or natural products may be sold to governmental agencies without public auction on terms specified by the Commissioner, provided that the materials or products are sold at their true appraised value and that they are to be used for governmental purposes.

B. Sales notice. Public notice of sale at public auction for common mineral materials or natural products shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state Capitol and in a newspaper of general circulation published regularly nearest the location of the interest to be sold and with the same formality as required for the sale of land.

C. Conduct of sales. A representative of the Department shall conduct the public auction in a manner as consistent as possible as that provided for sales of land. Specifically, bidding shall be conducted in the following manner:

1. Bidding shall be by voice bid but no bid will be considered or recorded which is not higher than the highest preceding bid, except the initial bid may be for the unit royalty rate established in the notice of sale.

2. No bid shall be accepted for less than the unit royalty rate established in the notice of sale and the Department reserves the right to reject any or all bids, if determined by it to be in the best interests of the state.

3. Before a final bid at public auction is accepted, bidder must present to the auctioneer the amount of money that represents the minimum required in the notice of sale. The successful bidder shall have an additional 30 days from the date of sale in which to pay such additional sums, post such bonds and complete whatever other requirements may be required. Failing to do so will result in the abandonment of such sums already paid to the Department as liquidated damages and the freeing of the Department to reconsider such other bidders as the proper recipient of the sales agreement.

D. Execution of agreement

1. Upon approval by the Department of the successful bid for a common mineral materials or other natural products sale, the Department, by mail, will tender the sales agreement to the Buyer for its signature and simultaneously will notify it of the bond coverage required by the Department as a condition of issuing the sales agreement and will further state the execution fee required by law.

a. When the executed sales agreement is filed with the Department by the Buyer and the Buyer has posted the bond or bonds required as a condition of issuance of the agreement, and the agreement has been signed by the Commissioner, the agreement will be in full force and effect.

b. The date of commencement of the agreement will be the date of sale.

History

• Adopted effective September 16, 1977 (Supp. 77-5). Section R12-5-2006 renumbered from Section R12-5-776 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2007 Common Mineral Materials

A. Material to be specified. Common mineral materials sales agreements will recite the material or materials covered by such agreements and the rights of Buyers will pertain only to such materials as specified in the agreement.

1. It is understood that flora will necessarily be distributed by Buyer's activities, but such disturbance shall be minimal and the Department may so direct Buyer's activities to assure such minimal disturbance.

2. Buyer shall not be entitled to keep, give, sell or otherwise dispose of any flora on the premises unless the agreement so provides, in which event such flora shall have been appraised by or for the Department and a separate price therefore set forth in the agreement.

3. This agreement shall confer the right on the Buyer to extract groundwater from the land area subject to the sale for the purposes stated in R12-5-772, subsection (E) and R12-5-775, subsection (B), and purposes incidental or related thereto which uses and purposes shall be set forth in the Notice of Sale and which shall have been a factor in the establishment of the minimum acceptable unit royalty rate however, groundwater may be separately noted for sale in which event the notice of sale shall specifically so provide.

4. The granting of a right to extract groundwater shall not constitute a representation or guarantee by the Department that there is any groundwater available at any level or any quality for extraction.

5. Any right to extract groundwater conferred hereby is subject to any and all limitations and provisions existing in law or regulation of any agency including any such applicable other regulation of this Department.

6. Nothing herein shall affect any right to the use of groundwater which buyer might otherwise possess by virtue of being a lessee of the Department or having otherwise acquired a groundwater permit through Public Auction Sale by the Department.

B. Advertising of sale. The advertising of sale of common mineral materials shall state the location by legal description of the tract or tracts on which the material is being offered, the kind of material, the term, the time and place of auction, the unit, the minimum unit royalty rate, minimum annual production, total bid deposit required, bond requirements, the office where additional information may be obtained and such additional information as the Department may deem necessary.

1. When the materials to be sold on a basis other than the standard one set forth in these rules, the notice of sale shall so state in specific detail.

C. Appraisals. Common mineral materials to be sold will be appraised by the Department when the materials are in their undisturbed natural condition ("in situ") using acceptable appraisal standards. The appraisal will determine the minimum unit royalty rate and minimum annual production.

D. Annual royalty. Until any reappraisal goes into effect, the annual royalty shall be the higher of

1. The minimum annual royalty as determined by the bidding process as provided in R12-5-777(E),

2. The number of units of material extracted multiplied by the unit royalty rate.

Upon reappraisal, subsections (D)(1) and (2) shall be adjusted to reflect the reappraisal.

a. The minimum annual royalty payment shall be due and payable in advance on the anniversary of the agreement. Royalty for any material extracted, severed or disposed of in excess of the minimum annual production shall be due and payable in advance on the anniversary of the agreement. Royalty for any material extracted, severed or disposed of in excess of the minimum annual production shall be due and payable monthly within 30 days after billing by the State Land Department.

b. Minimum annual royalty payments shall be applied as a credit to payment for materials for which payment must be made, provided, however, that monies so advanced and not credited against payments for materials shall become the sole property of the state upon termination or expiration of the agreement.

c. For purposes of determining minimum annual royalty payment due in any particular year:

i. Multiply the original minimum annual royalty by the number of years of the agreement;

ii. Subtract the royalties thus far paid by (i);

iii. Divide (ii) by the years remaining and that will give the minimum annual royalty for the year in question.

d. In no event will the minimum royalty be less than 5% of the original minimum annual royalty.

E. Bids. Unless otherwise provided by the Commissioner and specifically published in the notice of sale, all bids shall be by the unit royalty rate.

1. In determining the minimum annual royalty, the Department shall multiply the unit royalty rate bid by the successful bidder times the minimum annual production which shall be determined solely by the Department and set forth in the notice of sale.

F. Reappraisals. The royalty rate established initially shall remain fixed for the first two years of the agreement. For each subsequent year the Department may reappraise in the following manner:

1. No later than 60 days before the end of any anniversary date, the Department may reappraise the material to determine the unit rate and/or the acceptable minimum annual royalty; that reappraisal shall be effective for the second year following the one in which the reappraisal is made.

2. The Department shall notify the Buyer within 30 days of the reappraisal and Buyer shall be obligated for payments based on such reappraisal for the second year following the one in which the reappraisal is made. If any proper appeal is taken by Buyer and not concluded before the effective date of the reappraisal, the prior royalty shall be paid, with any necessary adjustment being made immediately upon the conclusion of such appeal.

3. The Department is not obligated to reappraise in any particular year and its failure to do so merely means the last appraisal results shall remain in effect until a proper reappraisal is made.

G. Provisions of the agreement

1. Term

a. The term of a common mineral material sales agreement shall not be for more than 20 years.

b. The Department will set the term of each sales agreement in such manner as to best utilize the resources and provide an economically sound term compatible with the law, the best interest of the trust and of the state.

2. For contract administration and sales-related expenses, a charge of 2% will be added to the minimum annual royalty and to royalties paid for production in excess of minimum annual production.

3. The royalty provisions shall be set forth in the agreement.

4. All common mineral materials removed from the premises shall be measured by volume, weight or truck tally or a combination of these methods or any other form of measurement the Department determines to be to the best interest of the state.

5. Buyer's conduct on premises

a. The Buyer will conduct its operations in a workmanlike manner at all times, to protect the premises and soils thereof and including, but not limited to:

i. Keeping the premises free of all litter, junk or debris;

ii. Taking precautions as necessary to protect the safety of persons or property upon the premises;

iii. Complying with all flood control regulations which may be applicable to the premises;

iv. Fencing all dangerous workings for the protection of humans and livestock;

v. Complying with all other rules and regulations prescribed from time to time by the Department or any other agency having jurisdiction over the premises or the activities.

b. Upon termination of the agreement, the Buyer will restore the surface of the premises to a reasonable condition in accordance with good mining practices, such restoration to include:

i. The sloping of side banks of the excavation resulting from the operation to a grade of not more than one foot vertical for each two feet of horizontal distance, unless otherwise specified by the Department;

ii. The backfilling into the excavation of all unused waste materials and overburden resulting from the operation, and the leveling of such backfill to a reasonably uniform depth on the floor excavation, unless otherwise specified by the Department;

iii. The removal and restoration of the surface of any new haul roads constructed on state land by Buyer, which roads the Department does not elect to retain, any such election of retention to be made in writing.

c. The Buyer will indemnify, hold and save harmless, the state of Arizona, the Department and all of their officers and employees, against all loss, damage, liability, expense, costs and charges incident to or resulting in any way from use, condition or occupation of the premises.

6. Transfers

a. The Buyer, with prior approval of the Commissioner, may assign the agreement.

b. The application for assignment and the assignment and assumption of the agreement will be on such forms as the Department may prescribe.

c. Assignment shall not relieve the Buyer from any duties under the agreement but the assignee shall succeed to all of the rights and be jointly and severally liable, along with the assignor, to all of the obligations existing under the agreement dating from its inception.

d. No transfer of the Buyer's interest or any portion thereof is authorized except as specifically provided in these rules.

7. Termination of sales agreement

a. Upon 30 days' written notice to Buyer, the Department may terminate the agreement for the failure or neglect of the Buyer to perform any of its provisions, including those specified by these rules. Failure to pay royalties when due is such a failure of performance.

b. Notices of termination shall be mailed to the address of record at the Department of the Buyer. Such notice shall set forth the reason for the termination.

c. Provided Buyer is not in default in any of the terms and conditions of the agreement, the Buyer shall have the right to terminate the agreement upon any annual anniversary date thereof by giving the Seller not less than 30 days' prior notice in writing of Buyer's intention to do so.

8. Upon termination or expiration of the agreement, Buyer shall have 90 days, provided it has fully performed under the agreement, to remove any stockpiled material on the premises. The Commissioner may, if the Buyer so requests in writing within ten days before the expiration of any such removal period, or extension thereof, grant a further extension not to exceed 60 days and provided that the cumulative removal period, along with extensions, shall not exceed 210 days. If the Buyer has not fully performed or fails to remove the stockpiled material within that specified time, such material will be deemed abandoned to the Trust. Any subsequent buyer of material on the portion of the premises on which stockpiled will succeed to its ownership and pay the Department the new Buyer's royalty rate therefor upon removal.

9. The agreement shall not provide for any renewal thereof.

10. Bonds

a. The Commissioner may require the Buyer to post a cash deposit or surety bond to guarantee the performance of the sales agreement and the payment of all monies due the state under the sales agreement.

b. Restoration and surface damage bond

i. The Commissioner shall require the Buyer to furnish bond, in a reasonable amount, to be fixed by the Commissioner, conditioned that the Buyer will guarantee restoration of the surface of the land described in the sales agreement to a reasonable condition in accordance with good mining practices, upon termination of the sales agreement.

ii. The Commissioner shall also require the Buyer to include in the above bond an amount set by the Department as a surety bond in the form, amount, and with surety approved by the Commissioner, conditioned upon prompt payment to the owner or lessee of the surface of state land covered by the common mineral materials sales agreement, or across which the common mineral materials Buyer exercises the right of ingress, for any loss to such owner or lessee for damage or destruction caused by the common mineral materials Buyer or Buyer's agents or employees, to grasses, forage, crops and improvements upon such land.

iii. Assignment of the sales agreement will not relieve the assignor of his obligation as principal under the bond. Release of the assignor's obligation under the bond may be effected through the posting of a replacement bond by the assignee, but only after approval by the Commissioner in lieu of a replacement bond, the bonding company may furnish a bond rider form changing the name of principal.

iv. The Commissioner, in his discretion reasonably exercised, may reduce or increase the principal amount of any bond.

v. After determination by the Commissioner that full discharge of the conditions of the obligation under any bond has been effected, he will, in writing, notify the principal and surety held by the bond so that it may be formally terminated.

vi. Surety on the bond shall have the right to cancel the bond and be relieved of future liability, but not previous liability after the period of notice, by giving 30 days' notice to the Buyer and the Department of its desire to so cancel. Failure by the Buyer to post a replacement bond before the expiration of the 30 days, mentioned next above, shall constitute a default by the Buyer and cause for cancellation of the sales agreement.

11. Records and reports

a. A monthly report of production (either affirmative or negative) shall be submitted by the Buyer of each common mineral materials sales agreement within 15 days after the end of the month in which his sales agreement was issued, and by the 15th of each month thereafter.

b. The report shall be in such form as the Commissioner shall prescribe and shall contain such information as the Commissioner shall require, including, but not limited to, the type, volumes, weights and classifications of the common mineral materials removed or disposed of.

c. Each Buyer shall make and keep an accurate account of all operations, showing the sales, prices, dates, purchasers and the total amount of material disposed or removed from the subject premises.

History

• Adopted effective September 16, 1977 (Supp. 77-5). Section R12-5-2007 renumbered from Section R12-5-777 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2008 Natural Products - Groundwater

When the law permits and the Department believes it consistent with the best interests of the state, groundwater may be sold at public auction in the same manner and subject to the same forms, insofar as possible, as are common mineral materials.

History

• Adopted effective September 16, 1977 (Supp. 77-5). Section R12-5-2008 renumbered from Section R12-5-778 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2009 All Other Natural Products

When the Department believes it consistent with the best interests of the state, natural products other than groundwater may be sold at public auction in the same manner and subject to the same terms, insofar as possible, as are common mineral materials.

History

• Adopted effective September 16, 1977 (Supp. 77-5). Section R12-5-2009 renumbered from Section R12-5-779 (Supp. 93-3).

Article 21 OIL AND GAS LEASES

Ariz. Admin. Code § R12-5-2101 Completed Oil and Gas Lease Application

An oil and gas lease application, filed pursuant to this Article, shall be on a form prescribed and furnished by the Department. The application is complete if all blank spaces are addressed with all required attachments. The applicant may indicate "not applicable" or "N/A" on any blank, as appropriate. The applicant shall complete the application's certification page pursuant to the instructions. An applicant shall appropriately sign and date the application.

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2101 renumbered from Section R12-5-781 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1). New Section made by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2102 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2102 renumbered from Section R12-5-782 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2103 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2103 renumbered from Section R12-5-783 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2104 Application for Noncompetitive Lease; Acreage Limitation

A. The Department shall not issue an oil and gas lease on land already leased for that purpose. If state lands are not located within a known geological structure of a producing oil or gas field, a person shall submit a noncompetitive oil and gas lease application for a noncompetitive oil and gas lease. State lands under a single oil and gas lease application shall not exceed 2,560 acres which shall be the maximum acreage of state lands in a noncompetitive oil and gas lease. The lands under application shall be in as compact a body as possible. The application may include non-contiguous state lands within a six mile square area if the maximum acreage of contiguous land is not available, but shall not exceed 2,560 acres.

B. An applicant shall submit the completed noncompetitive oil and gas lease application to the Department's Phoenix Office, 1616 W. Adams, Phoenix, AZ 85007, to the attention of Public Records, along with payment of the required application fee pursuant to A.R.S. § 37-108 and advanced rent payment as calculated under A.R.S. § 27-555(D). The first applicant to file a complete noncompetitive oil and gas lease application with required fees and advance rental payment has priority to the lease. The Department shall resolve conflicts resulting from simultaneously filed noncompetitive oil and gas lease applications in accordance with Section R12-5-2105.

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2104 renumbered from Section R12-5-784 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2105 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2105 renumbered from Section R12-5-785 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 290, effective January 15, 2020 (Supp. 20-1).

Ariz. Admin. Code § R12-5-2106 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2106 renumbered from Section R12-5-786 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 290, effective January 15, 2020 (Supp. 20-1).

Ariz. Admin. Code § R12-5-2107 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2107 renumbered from Section R12-5-787 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2108 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2108 renumbered from Section R12-5-788 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2109 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2109 renumbered from Section R12-5-789 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2110 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2110 renumbered from Section R12-5-790 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2111 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2111 renumbered from Section R12-5-791 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2112 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2112 renumbered from Section R12-5-792 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2113 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2113 renumbered from Section R12-5-793 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2114 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2114 renumbered from Section R12-5-794 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2115 Competitive Lease; Award of Lease

When state lands are located within a known geological structure of a producing oil or gas field, the oil and gas interest in the land shall be leased only by sealed bid.

Within 30 days of opening of sealed bids, the Department, subject to its right to reject a bid, shall award the lease to the highest qualified bidder. The Department shall give notice of its decision, by certified mail, to the applicants.

2. The Department shall send a lease offer to the successful bidder. The successful bidder shall execute the leases and pay the first year's rental, within 30 days from receipt of the lease offer.

3. If two or more tracts, where the acreage does not exceed more than two sections of land, are awarded to any bidder the tracts may, if not otherwise prohibited by law, be included in a single lease.

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2115 renumbered from Section R12-5-795 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2116 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2116 renumbered from Section R12-5-796 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2117 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2117 renumbered from Section R12-5-797 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2118 Cooperative and Unit Agreements

A lessee seeking the Commissioner's approval of a cooperative or unit agreement under A.R.S. § 27-557, shall comply with the following procedure and requirements.

1. To facilitate the Department's decision making process and to allow an applicant to obtain feedback prior to formal submission, an applicant shall submit the following information no less than 60 days before submitting a cooperative or unit agreement for approval:

a. A copy of a plat map showing the area to be included in the cooperative or unit agreement;

b. Structural and geological information that supports the land to be included in the cooperative or unit agreement; and

c. A draft of the proposed cooperative or unit agreement for the Department's review.

d. If the proposed cooperative or unit agreement includes federal lands, and if by inclusion of those lands, the federal government requires standard provisions for a cooperative or unit agreement, the applicant shall submit a proposed cooperative or unit agreement that includes the federal provisions.

2. A cooperative or unit agreement does not affect the leasehold of any leased state lands outside of the cooperative or unit area. The cooperative or unit agreement does not affect leaseholds within the cooperative or unit area unless the lessees' land is committed to the cooperative or unit area pursuant to A.R.S. §§ 27-557 or 27-531 et seq.

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2118 renumbered from Section R12-5-798 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2119 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2119 renumbered from Section R12-5-799 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2120 Surrender

A lessee may surrender to the Department a lease or any part of a lease, but not less than an approximate 40 acre parcel. A lessee shall surrender the lease or a part of a lease to the Department by submitting to the Department one copy of the lease and any monies owed.

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2120 renumbered from Section R12-5-800 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2121 Expired

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2121 renumbered from Section R12-5-801 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 583, effective November 30, 2004 (Supp. 05-1).

Ariz. Admin. Code § R12-5-2122 Monthly Statement

A lessee shall submit to the Department a monthly statement of oil or gas production and other statements required of the lessee under the lease.

History

• Original rule, Art. VII, Subchapter B, Ch. II (Supp. 76-4). Section R12-5-2122 renumbered from Section R12-5-802 (Supp. 93-3). Amended by final rulemaking at 13 A.A.R. 4310, effective January 5, 2008 (Supp. 07-4).

Article 22 GEOTHERMAL RESOURCES

Ariz. Admin. Code § R12-5-2201 Definitions

In these rules and regulations the following terms shall have the meaning herein given:

1. "Commission" means the Oil and Gas Conservation Commission.

2. "Completion" or "completed well" means a well that has produced or is capable of producing geothermal resources or has been determined to be a dry hole, temporarily abandoned or plugged and abandoned, or has been readied for other phases of exploitation.

3. "Department" means the State Land Department.

4. "Environment" means the sum total of all the external conditions which may act upon an organism or community, to influence its development or existence.

5. "Geothermal area" means the same general surface area which is underlain or reasonably appears to be underlain by one or more formations containing geothermal resources.

6. "Geothermal resources" means:

a. All products of geothermal processes embracing indigenous steam, hot water and hot brines.

b. Steam and other gases, hot water and hot brines resulting from water, other fluids or gas artificially introduced into geothermal formations.

c. Heat or other associated energy found in geothermal formations, including any artificial stimulation or induction thereof.

d. Any mineral or minerals, exclusive of fossil fuels and helium gas, which may be present in solution or in association with geothermal steam, water or brines.

7. "Lease" means a geothermal resources development lease issues for state lands pursuant to the provisions of this Article.

8. "Lessee" means the holder of a lease or any assignee of an original lease or part thereof.

9. "Operator" means any person drilling, maintaining, operating, pumping or in control of any well, and includes the owner, when any well is or has been or is about to be operated or under the direction of the owner.

10. "Owner" means and includes the operator when any well is operated or has been operated or is about to be operated by any person other than the owner.

11. "Person" means and includes any individual, firm, association, corporation or any other group or combination acting as a unit.

12. "Waste" means any physical waste including, but not limited to, underground waste resulting from the inefficient, excessive or improper use of dissipation of reservoir energy or resulting from the location, spacing, drilling, equipping, operation or production of a geothermal resources well in such a manner that reduces or tends to reduce the ultimate economic recovery of the geothermal resources within a reservoir, and surface waste resulting from the inefficient storage or utilization of geothermal resources and the location, spacing, drilling, equipping, operation or production of a geothermal resources well in such a manner that causes or tends to cause the unnecessary or excessive surface loss or destruction of geothermal resources obtained or released from the reservoir.

13. "Well" means any well drilled in search of geothermal resources or any development well on lands in areas proved to be underlain by one or more formations containing geothermal resources or reasonably presumed to contain geothermal resources or any well drilled for information purposes, or any producing well or reentered abandoned well used for the injection of fluids into the geothermal formation or disposition of fluids into nongeothermal formations, or any well drilled for the purpose of stimulating the heat of a formation or for the creation of heat in a formation by nuclear or any other form of energy.

14. "Known Geothermal Resource Area (KGRA)" means an area in which the geology, nearby discoveries, competitive interests, and other indicia would, in the opinion of the Department, engender a belief in the people who are experienced in the subject matter that the prospects for the extraction of geothermal resources are sufficient to warrant expenditures of money for that purpose.

History

• No original number assigned (Supp. 76-4). Former Section R12-5-850 repealed, new Section R12-5-850 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2201 renumbered from Section R12-5-850 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2202 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-851 repealed, new Section R12-5-851 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2202 renumbered from Section R12-5-851 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-5-2203 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-852 repealed, new Section R12-5-852 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2203 renumbered from Section R12-5-852 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2204 Terms of Lease

A. If, after the expiration of the ten year primary term or the additional two-year period provided for in A.R.S. § 27-6710, this lease is maintained in force and effect by the production of geothermal resources in paying quantities and the production shall cease, this lease shall continue in force and effect provided lessee pays the rentals provided for in these rules and conducts operations on the lands with reasonable diligence for the purpose of restoring the paying production of geothermal resources from the lands. In the event paying production of geothermal resources from the lands is restored within one year from the date of cessation of production, this lease shall remain in full force and effect.

B. If geothermal resources in paying quantities are discovered on the lands covered by this lease or on lands joined therewith in a cooperative or pooled unit, while the lease is in full force and effect, but lessee is unable to produce any geothermal resources because of lack of transportation, processing or generating facilities, the lease shall be extended beyond the primary term of ten years from year to year, but not to exceed a period of three years, by payment of a shut-in geothermal resources royalty of $2.00 per acre per year, payable in advance annually on the anniversary date of the lease, and if the payment is made it will be considered geothermal resources are being procured and produced in paying quantities from the leased premises for such year.

History

• No original number assigned (Supp. 76-4). Former Section R12-5-853 repealed, new Section R12-5-853 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2204 renumbered from Section R12-5-853 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2205 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-854 repealed, new Section R12-5-854 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2205 renumbered from Section R12-5-854 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2206 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-855 repealed, new Section R12-5-855 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2206 renumbered from Section R12-5-855 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2207 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-856 repealed, new Section R12-5-856 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2207 renumbered from Section R12-5-856 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2208 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-857 repealed, new Section R12-5-857 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2208 renumbered from Section R12-5-857 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2209 Surface Use

A. Geothermal resources lessees shall have the right to use so much of the surface of the lands as may be reasonably necessary for the conduct of their operations under the leases.

B. Surface rights to include:

1. Prospecting, exploration drilling and production.

2. Right to construct and maintain all roads, communication lines, pipelines, reservoirs, storage tanks, pumping stations, or other structures reasonably necessary to the production thereof, to the extent such construction is compatible with existing and future surface use of the land, as determined by the State Land Commissioner.

However, the lessee shall be liable for unnecessary or excessive damage caused by lessee, in the judgment of the Department, to the state's interest in the surface, or to the interest of a surface lessee, if any, and the Department may require the lessee at any time to execute a bond in a reasonable principal amount as determined by the Department conditioned upon payment for all such damage. If the lessee and a surface lessee cannot agree upon the amount of damages caused by lessee, such damages shall be appraised by the Department or its agent and appeal from the judgment of the Department may be taken as provided by law.

History

• No original number assigned (Supp. 76-4). Former Section R12-5-858 repealed, new Section R12-5-858 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2209 renumbered from Section R12-5-858 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2210 Environmental Protection and Conduct of Operations

A. All lessees and operators shall comply with all applicable Arizona environmental statutes as now in effect or as hereafter enacted or amended, and all applicable rules and regulations. In addition, lessee must comply with all federal environmental statutes and regulations.

B. Lessee or operator shall be subject to liability for any excessive or unnecessary damage to the surface of the ground and improvements thereon, and is charged to conduct operations so as not to pollute surface or subsurface waters on the lands covered by the lease or on neighboring lands.

C. In addition, operations shall be conducted so as to prevent pollution to the air, noise pollution, compliance with the Arizona Antiquities Act and acts providing for the protection of native flora and fauna.

History

• No original number assigned (Supp. 76-4). Former Section R12-5-859 repealed, new Section R12-5-859 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2210 renumbered from Section R12-5-859 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2211 Cooperative and Unit Agreements

Commitment of leases of state lands to cooperative or unit agreements shall be conditioned on the following procedure and requirements which shall be submitted at time of application.

1. There shall be submitted to the Department two copies of a plat showing the area to be unitized, together with such geophysical and geological information as will tend to support the delineation of a geothermal resource area. The information so furnished shall be held confidential by the Department until released by the applicant or applicants.

2. There shall be submitted to the Department two preliminary drafts of the agreement for approval as to form. Where the amount of federal land predominates in any unit area, the standard form of unit agreement of the United States should be followed.

3. After determination by the Department that it is for the best interest of the state to permit a lessee to participate in a cooperative or unit agreement for the development and operation of a geothermal resource area, the Department may grant approval therefor when a request for such approval is submitted.

4. A cooperative or unit agreement shall not affect the leasehold of any leased state lands lying outside of the unit area, and shall not be effective as to the leaseholds lying within the unit area unless the lessees thereof and the then approved operating interests shall subscribe to such an agreement.

The terms and conditions of leases covering state lands will be modified and changed to the extent necessary to conform the same to the terms and conditions of the agreement.

History

• No original number assigned (Supp. 76-4). Former Section R12-5-860 repealed, new Section R12-5-860 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2211 renumbered from Section R12-5-860 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2212 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-861 repealed, new Section R12-5-861 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2212 renumbered from Section R12-5-861 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2213 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-862 repealed, new Section R12-5-862 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2213 renumbered from Section R12-5-862 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2214 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-863 repealed, new Section R12-5-863 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2214 renumbered from Section R12-5-863 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-5-2215 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-864 repealed, new Section R12-5-864 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2215 renumbered from Section R12-5-864 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2216 Abandonment - Other Uses

As provided for in A.R.S. § 27-667(C) any well drilled for geothermal resource which has penetrated fresh water zones may be disposed of as a fresh water well subject to the following conditions:

1. State's lessee must file written request for such use with the Department.

2. Condition of the hole must be such that plugging back to fresh water zone can be safely accomplished.

3. Must meet the requirements of the rules and regulations of the Department pertaining to such use.

4. Must meet the requirements of the Commission's rules and regulations pertaining to disposal of groundwater.

History

• No original number assigned (Supp. 76-4). Former Section R12-5-865 repealed, new Section R12-5-865 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2216 renumbered from Section R12-5-865 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2217 Expired

History

• No original number assigned (Supp. 76-4). Former Section R12-5-866 repealed, new Section R12-5-866 adopted effective March 14, 1979 (Supp. 79-2). Section R12-5-2217 renumbered from Section R12-5-866 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 474, effective January 31, 2009 (Supp. 09-1).

Ariz. Admin. Code § R12-5-2218 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2218 renumbered from Section R12-5-867 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2219 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2219 renumbered from Section R12-5-868 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2220 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2220 renumbered from Section R12-5-869 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2221 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2221 renumbered from Section R12-5-870 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2222 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2222 renumbered from Section R12-5-871 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2223 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2223 renumbered from Section R12-5-872 (Supp. 93-3).

Ariz. Admin. Code § R12-5-2224 Renumbered

History

• No original numbers assigned (Supp. 76-4). Repealed effective March 14, 1979 (Supp. 79-2). Section R12-5-2224 renumbered from Section R12-5-873 (Supp. 93-3).

Article 23 BOARD OF APPEALS

Ariz. Admin. Code § R12-5-2301 Definitions

Unless the context requires otherwise, in this Article:

1. "Appellant" means the person that files a notice of appeal with the Clerk under A.R.S. § 37-215.

2. "Board" means the Land Department Board of Appeals appointed by the Governor under A.R.S. § 37-213(A).

3. "Chairperson" means the Chairperson or, in the Chairperson's absence or by designation, the Vice-chairperson of the Board.

4. "Clerk" means the person designated by the Board to handle administrative matters for the Board.

5. "Commissioner" means the State Land Commissioner appointed under A.R.S. § 37-131, or the Commissioner's designee.

6. "Department" means the State Land Department.

7. "Good cause" means a reason that the Board determines is substantial enough to afford a legal excuse.

8. "Party" has the same meaning as prescribed in A.R.S. § 41-1001.

9. "Person" means an individual, limited liability company, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary representative, group acting as a unit, and any department, agency, or instrumentality of the state or a political subdivision.

History

• Adopted effective September 9, 1983 (Supp. 83-5). Section R12-5-2301 renumbered from Section R12-5-901 (Supp. 93-3). Former Section R12-5-2301 renumbered to R12-5-2315, new Section R12-5-2301 adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2302 Notice of Appeal

A. A person that files a notice of appeal under A.R.S. § 37-215 shall ensure that the notice is written and contains a clear and concise statement of the grounds for appeal and the specific relief requested.

B. If a notice of appeal regards a final decision of the Commissioner relating to classification or appraisal of lands or improvements, the person filing the notice of appeal shall file it with the Commissioner under this Article.

C. If a notice of appeal regards a final decision of the Commissioner not relating to classification or appraisal of lands or improvements, the person filing the notice of appeal shall file it with the Department under A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2303 Notice of Hearing

A. Setting a hearing date. Within 10 days after receipt of a notice of appeal under A.R.S. § 37-215 and R12-5-2302(B), the Clerk shall set a date for the hearing.

B. Service of a notice of hearing. At least 30 days before a hearing, the Clerk shall serve notice of the hearing, by certified mail or personal service, to the appellant, Department, and all other parties to the appeal.

C. Contents of a notice of hearing. The Clerk shall ensure that a notice of hearing contains a statement:

1. Identifying the Board, parties, and matters asserted;

2. Establishing the date, time, and place of the hearing;

3. Identifying the legal authority and jurisdiction under which the hearing is to be held;

4. Advising the parties of the requirements of R12-5-2305; and

5. Referencing the particular statutes and rules involved.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 88, effective February 17, 2003 (Supp. 02-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2304 Prehearing Disclosure

A. Witnesses and exhibits. At least 15 days before the hearing date, each party shall:

1. File with the Clerk:

a. A list of all witnesses who may be called to testify on behalf of the party, and

b. Eight copies of all documentary exhibits to be offered on behalf of the party; and

2. Serve upon each other party a copy of the list of witnesses and a list of all exhibits to be offered on behalf of the party.

B. The Board shall exclude the testimony of a witness and the admission of an exhibit not disclosed under subsection (A), unless the Board determines that admission of the evidence is in the interest of fairness and justice.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2305 Continuances

A. General. The Chairperson may, for good cause, continue or reschedule a hearing on the Chairperson's own motion, application of a party, or stipulation of the parties.

B. Application for continuance.

1. Filing. To obtain a continuance of a hearing, a party shall file an application for continuance with the Clerk and serve a copy of the application on all parties no later than 10 days before the scheduled hearing. For good cause, the Chairperson may allow a party to file and serve an application for continuance less than 10 days before the scheduled hearing.

Contents. A party filing an application for continuance shall ensure that the application states why the continuance is requested, why a stipulation from adverse parties was not obtained, and the amount of time requested.

3. Response and reply. An opposing party may file and serve a response within five days after service of an application for continuance. The Board shall permit a reply that is filed and served within five days after the response is served.

C. Stipulations. The parties may stipulate to a continuance. The Board shall accept a stipulation that is filed no later than 72 hours before the time scheduled for the hearing.

D. Time limits. Unless the parties agree, the Board shall not grant a continuance if granting the continuance causes the hearing not to be conducted in compliance with A.R.S. § 37-215(C).

History

• Adopted effective November 27, 1995 (Supp. 95-4). Typographical correction made to A.R.S. reference in R12-5-2305(E) (Supp. 96-3). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2306 Computation of Time; Additional Time after Service by Mail

A. Computation. To compute any period prescribed or allowed by this Article or order of the Board, the day of the act, event, or default after which the period begins to run is not included. The last day of the period is included, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. When the period prescribed or allowed is 10 days or less, intermediate Saturdays, Sundays, and legal holidays are excluded in the computation.

B. Service by mail. If a party has a right or is required to do some act or proceed within a prescribed period after service of a notice or other paper and if the notice or paper is served by mail, five calendar days are added to the prescribed period.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2307 Service of Documents Other Than Subpoenas

A. Method of service. Unless otherwise specified in this Article, a person shall serve a document other than a subpoena by:

1. Personal service with receipt or certificate of delivery,

Legible fax with confirmed receipt, or

3. Regular mail.

B. Service on attorney. If a party has appeared through an attorney, service upon the attorney is deemed service upon the party.

C. Time of service. Service is made at the time a document is:

Personally served;

2. Faxed to the number contained in Board's records for the person being served; or

3. Deposited in the United States mail, postage prepaid, in a sealed envelope addressed to the person being served, at the person's address of record.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2308 Subpoenas

A. Issuance of a subpoena. Upon written application of a party or on the Chairperson's own motion, the Chairperson may issue a subpoena requiring the attendance and testimony of a witness, production of documentary or other tangible evidence, or both.

B. Specificity required. A party that applies for a subpoena to compel production of documentary or other tangible evidence shall ensure that the application specifically identifies the books, papers, documents, or other evidence to be produced.

C. Service of a subpoena. A party that applies for a subpoena shall ensure that the subpoena is personally served. The person serving a subpoena shall provide proof of service by filing with the Board a certified statement of the date and manner of service and the name of the person served.

D. Objection to a subpoena. A party or the person served with a subpoena who objects to the subpoena, or a portion of the subpoena, may file a written objection with the Board. The person filing an objection shall:

1. File it within five days after service of the subpoena or at the beginning of the hearing, whichever occurs first; and

2. Ensure that the objection states why the subpoena is unreasonable or oppressive or how the desired testimony or evidence may be obtained by an alternative method.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2309 Motions

A. Generally. A party that requests an order or other relief from the Board shall file a motion. Unless made during a hearing, a motion shall be made in writing at least 10 days before the hearing. All motions, whether written or oral, shall state the factual and legal grounds supporting the motion and the relief or order sought.

B. Response to motion; reply. A party may file a response to a pre-hearing motion within five days after service of the pre-hearing motion. The responding party shall serve the response on the moving party. The moving party may file a reply within five days after service of the response.

C. Affidavits. If a party makes a motion that relies on facts that are neither apparent in the record nor subject to official notice, the party shall support the motion by affidavit or other satisfactory evidence.

D. Rulings on motions. The Board shall consider a pre-hearing motion on the written materials submitted by the parties, unless the Chairperson directs otherwise. The Chairperson may rule on a procedural motion. The Board shall rule on a non-procedural motion.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2310 Hearing

A. Recording of hearing. The Board shall ensure that a hearing record is made by tape recorder or stenographer.

B. Order of appearance. The Chairperson shall designate the order in which parties introduce their evidence.

C. Improper conduct. It is improper conduct to fail to comply with an order of the Chairperson or to disrupt a hearing. A person who engages in improper conduct shall be excluded from the hearing if the Chairperson determines that exclusion is necessary to facilitate the hearing.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2311 Evidence

A. Generally. A witness at a hearing shall testify under oath or affirmation. To encourage a full and true disclosure of the facts, the Chairperson shall ensure that all parties have the right to present oral or documentary evidence and conduct cross-examination. The Chairperson shall admit evidence that the Chairperson determines is relevant, probative, and material and rule upon offers of proof. The Chairperson shall exclude evidence the Chairperson determines is irrelevant, immaterial, or unduly repetitious.

B. Evidence. The Chairperson may conduct a hearing in an informal manner without adherence to the rules of evidence required in judicial proceedings.

C. Official notice. The Board may take official notice of any matter than might be judicially noticed by a superior court of Arizona or any matter that is peculiarly within the knowledge of the Board as an expert body.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2312 Objection to Decision by Chairperson

If any member of the Board objects to a decision made by the Chairperson under this Article, the Board member may request that the Board vote on the matter in question and the Chairperson shall submit the matter to a vote of the Board.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2313 Ex Parte Communications

A. Prohibitions. A party shall not communicate, directly or indirectly, orally or in writing, with a member of the Board about any substantive issue relating to a proceeding before the Board unless:

1. All parties are present, either personally or by an attorney;

2. It is during a scheduled proceeding where an absent party fails to appear after proper notice; or

3. It is by written motion with a copy to all parties.

B. Record. A Board member who receives an ex parte communication shall place in the public record of the proceeding:

1. A copy of the ex parte communication if the communication is written; or

2. A summary of the substance of the ex parte communication if the communication is oral.

C. Action by Board. Upon receipt of an ex parte communication by a member of the Board, the Board, to the extent consistent with the interests of justice, may require the party making the ex parte communication to show cause why the party's claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected by the violation.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2314 Decision of the Board

A. Time limit. Unless the parties stipulate otherwise, the Board shall render its final decision within 60 days after the hearing.

B. Contents. The Board shall include findings of facts and conclusions of law, separately stated, in the Board's decision.

History

• Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-5-2315 Rehearing or Review of Decision

A. Generally. Except as provided in subsection (G), within 30 days after service of notice of a final decision issued by the Board, a party may file with the Board a written motion for rehearing or review of the decision. A party is not required to file a motion for rehearing or review of a decision to exhaust the party's administrative remedies. A party may seek judicial review of the Board's final decision under A.R.S. Title 12, Chapter 7, Article 6.

B. Amendment of motion; response; oral argument. A party may amend a motion for rehearing or review at any time before the Board rules on the motion. Another party may file a response to a motion for rehearing or review within 10 days after service of the motion or amended motion. A party shall ensure that a motion or response is supported by a memorandum discussing legal and factual issues. Oral argument may be requested by either party or the Board.

C. Grounds for rehearing or review. The Board may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Board, its staff, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; or

6. The findings of fact or decision is not justified by the evidence or is contrary to law.

D. Affirmation or modification of decision; grant of rehearing or review. The Board may affirm or modify a decision or grant a rehearing or review to all or some of the parties on all or some of the issues for any of the reasons listed in subsection (C). The Board shall specify with particularity the grounds for an order modifying a decision or granting a rehearing or review. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order.

E. Board-initiated rehearing or review. Not later than 30 days after the date of a decision and after giving the parties notice and an opportunity to be heard, the Board may, on its own initiative, order a rehearing or review of the decision for any reason it might have granted a rehearing or review on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in a motion. The Board shall specify with particularity the grounds on which a rehearing or review is granted under this subsection.

F. Affidavits. When a party bases a motion for rehearing or review upon affidavits, the party shall serve the affidavits with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. This period may be extended by the Chairperson for a maximum 10 days for good cause or by written stipulation of the parties. The Board may permit a party to file a reply affidavit.

G. Exigency. If, in a particular decision, the Board makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare and that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the decision may be issued as a final decision without an opportunity for a rehearing or review.

H. Time limits. The Board shall rule on a motion for review or rehearing within 90 days after it is filed. If the Board grants a rehearing or review, the Board shall conduct the rehearing or review within 90 days after issuing the order granting the rehearing or review.

History

• Adopted effective September 9, 1983 (Supp. 83-5). Section R12-5-2301 renumbered from Section R12-5-901 (Supp. 93-3). Section R12-5-2315 renumbered from R12-5-2301 and amended effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).

Article 24 EXPIRED

Ariz. Admin. Code § R12-5-2401 Expired

History

• Adopted under an exemption from the provisions of the Administrative Procedure Act, effective July 8, 1993 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-5-2402 Expired

History

• Adopted under an exemption from the provisions of the Administrative Procedure Act, effective July 8, 1993 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-5-2403 Expired

History

• Adopted under an exemption from the provisions of the Administrative Procedure Act, effective July 8, 1993 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-5-2404 Expired

History

• Adopted under an exemption from the provisions of the Administrative Procedure Act, effective July 8, 1993 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Ariz. Admin. Code § R12-5-2405 Expired

History

• Adopted under an exemption from the provisions of the Administrative Procedure Act, effective July 8, 1993 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004 (Supp. 04-2).

Article 25 CLASSIFYING TRUST LANDS AS SUITABLE FOR CONSERVATION PURPOSES

Ariz. Admin. Code § R12-5-2501 Petition

A. A petition to nominate trust land suitable for conservation purposes may be filed at the Arizona State Land Department during regular business hours. The petition shall be made on a form provided by the Department.

B. A petitioner shall nominate Trust lands in a manner consistent with and only for lands considered eligible under A.R.S. § 37-311, et seq.

C. A petitioner shall include the following information in a petition to nominate trust land suitable for conservation purposes:

1. A legal description of the land and a map that identifies the Township (T), Range (R), section, land description, acreage and county where the land is located. (Example: T1N, R3E, Section 17, SWNW, 40 acres, Maricopa County);

2. A statement of proposed conservation uses of the land;

3. A statement of why the land is suitable for conservation purposes with reference to the criteria identified in R12-5-2502(A);

4. A statement of the existing surface uses on the land and how each existing use is affected both physically and economically by the proposed conservation use;

5. An identification of the local jurisdiction in which the land is located;

6. A statement of the local governing authority's comprehensive plan designation and existing zoning for the land and how the proposed conservation use is or is not consistent with the comprehensive plan and zoning;

7. A statement of the positive and negative physical and economic impacts on the local community nearest the land;

8. A statement of who or what entity will likely manage the land if, after the land is reclassified as suitable for conservation purposes, the land is approved for lease or purchase for conservation purposes; and

9. A statement of any known mineral potential, including sand and gravel, of the lands.

History

• Adopted effective March 5, 1998 (Supp. 98-1).

Ariz. Admin. Code § R12-5-2502 Reclassification

A. Criteria: Reclassification of state lands as suitable for conservation purposes shall be in the best interest of the Trust as determined by the Commissioner. The Commissioner and the Conservation Advisory Committee may consider any or all of the following criteria in evaluating whether the nominated land should be reclassified as suitable for conservation purposes:

1. Open space: Existence of substantially undisturbed open space values that make the land's conservation an asset to the community or to other adjacent developable state trust land;

2. Unique scenic beauty:

a. Existence of a natural community landmark such as a significant mountain vista; or,

b. Existence of a scenic vista on to or through the land under petition from nearby major roadways or pathways, in addition to the mere existence of undeveloped open space;

3. Wildlife and vegetation:

a. Existence of significant vegetation or wildlife, both native to the region and worthy of protection due to the relative lushness, health and diversity of the vegetation or the number and diversity of the wildlife;

b. Existence of endangered, threatened, or protected plants or endangered or threatened wildlife species as identified under federal or state laws;

c. Existence of significant stands of a signature plant characteristic of the location;

4. Cultural resources:

a. Existence of a prehistoric or historic archaeological site;

b. Existence of a historic structure; or

c. Comparative costs of mitigation, data recovery, or preservation compared to potential revenue production of the land;

5. Wildlife habitat:

a. Existence of sufficient acreage and habitat quality to support populations of endangered, threatened, or other particular species;

b. Interconnection between the land under petition and nearby public lands for wildlife movement;

c. Diversity of plant communities or biodiversity of plant or animal species;

d. Habitat condition, whether intact or degraded; or

e. Distance from an existing or proposed roadway, utility line, or urban development;

6. Other:

a. Geologic and topographic features:

i. Existence of a significant wash, slope, or other topographic feature;

ii. Existence of a unique rock outcropping, formation or other unusual geologic feature; and

iii. Known soil conditions unsuitable for development purposes;

b. Watershed integrity: Relationship of the land to maintenance of the integrity of one or more watersheds;

c. Floodplain management: Impact of the 100-year floodplain on the land;

d. Surface water and groundwater:

i. Existence of a spring or other wetland;

ii. Occurrence of perennial or intermittent stream flow; and

iii. Potential for groundwater recharge.

e. Long-term viability of the land for conservation management:

i. Viability of the land based on its size, configuration, and location for successfully conserving the resources it seeks to protect; and

ii. Relationship of conservation of the land to resolving wildland fire issues, particularly in the urban-wildland interface;

f. Local, regional, or other planning considerations:

i. Relationship between the proposed conservation designation and adopted local and regional plans and policies; and

ii. Relationship of the land to other federal, state, local, or private land trust preserves, holdings, or plans;

g. Recreation:

i. Existence of or proposed trail-based or other low impact recreation opportunities; and

ii. Existence of direct access to or from adjacent public or private lands used for recreational purposes;

h. Accessibility:

i. Public accessibility and nature of that accessibility to the land; and

ii. Impact of accessibility, based on the purpose of conservation of the land;

i. Scientific education:

i. Historic use of the land for scientific research purposes; and

ii. Opportunities for scientific education;

j. Types of multiple use:

i. Multiple use potential of the land; and

ii. Impact of specific multiple uses on the land;

k. Resource production preservation:

i. Existence of grazing lands under petition that a conservation designation may help to protect;

ii. Existence of prime agriculture areas under petition that a conservation designation may help to protect; and

iii. Protection of the resource production component (such as grazing, agriculture, mining, and timber) of the local or regional economy;

l. Relationship to other state trust lands:

i. Proximity to other state trust lands;

ii. Development capability of adjacent state trust lands; and

iii. Anticipated timing of development activity on adjacent state trust lands;

m. Preexisting protections: Existence of any federal, state, or local law requiring protection by existing lessee of proposed conservation values;

n. Tourism: Impact on local or regional tourism;

o. Benefit to the Trust: Whether and for what reason reclassification is in the best interest of the Trust;

B. Multiple Petitions: If multiple petitions are received and the Commissioner determines that reclassification is in the best interest of the Trust, the Commissioner may reclassify the land with the conservation purpose stated in one or more than one of the petitions, or the Commissioner may reclassify the land without stating a conservation purpose.

C. Management Plan: Upon reclassification, the Commissioner may require a party to submit a management plan to allow existing and conservation uses to be coordinated in a manner that will protect both existing uses and conservation and open space values.

History

• Adopted effective March 5, 1998 (Supp. 98-1).

Ariz. Admin. Code § R12-5-2503 Bond

A. Under A.R.S. § 37-312(D), a petitioner shall submit a bond in an initial amount of $1,000 with a petition to nominate trust land suitable for conservation purposes. The bond shall be a surety bond or a cashier's check. The State Land Commissioner may require an additional bond amount under A.R.S. § 37-312 if the processing costs of the petition are estimated to exceed the initial bond amount based on the following factors:

Planning Costs: Planning involves review, consideration, and evaluation of:

a. Evidence and testimony presented at public hearing;

b. Physical and economic impact on other land owned or controlled by the current lessee or on the local community;

c. Existing holding leases, existing planning permits, and development plans in progress;

d. Input from local planning and zoning agencies and regional planning authorities;

e. Mineral potential, including sand and gravel; and

f. Consistency with the Enabling Act, the State Constitution, and Arizona Revised Statutes;

2. Notice: Development and mailing of a notice of intent to classify lands suitable for conservation purposes and a notice of public hearing to:

a. Existing lessees;

b. Local planning and zoning agencies and regional planning authorities;

c. Owners of property within 300 feet of the land;

d. Persons who have requested notice of classification of lands suitable for conservation under A.R.S. § 37-311, et seq., with the Department; and

e. Affected state agencies;

3. Advertisement: Notice of public hearing for six publications in a newspaper of general circulation in the county where the land is located;

4. Public Hearing: Receipt and processing of oral and written testimony regarding the proposed reclassification including, but not limited to, review, consideration, and evaluation of testimony, as well as the costs of meeting facility and equipment rental.

B. Upon reclassification of all or a portion of the land as suitable for conservation purposes, the successful petitioner shall forfeit the initial and any additional bond amounts to the state under A.R.S. § 37-312(D).

History

• Adopted effective March 5, 1998 (Supp. 98-1).

Chapter 7 OIL AND GAS CONSERVATION COMMISSION

Article 1 OIL, GAS, HELIUM, AND GEOTHERMAL RESOURCES

Ariz. Admin. Code § R12-7-101 Definitions

In this Chapter, unless the context otherwise requires:

"API" means American Petroleum Institute.

"Barrel" means 42 (US) gallons measured at 60° F and atmospheric pressure at sea level.

"BTU" means British thermal unit and represents the quantity of heat required to raise the temperature of 1 pound of water 1° F at or near 39.2° F.

"Condensate" means liquid hydrocarbons recovered at the earth's surface as a result of condensation due to reduced pressure or temperature of petroleum hydrocarbons that exist in a gaseous phase in subsurface reservoir rocks.

"Cubic foot of gas" means the volume of gas contained in 1 cubic foot of space at a standard pressure base of 14.73 pounds per square inch absolute and a standard temperature base of 60° F.

"Gas well" means a well that produces with a gas-oil ratio in excess of 50,000 cubic feet of gas per barrel of oil.

"Injection well" means a well used to inject air, gas, water, or other substance into an underground stratum.

"Mcf" means 1000 cubic feet of gas reported at a pressure base of 14.73 pounds per square inch absolute and a standard temperature base of 60° F.

"Oil well" means a well that produces with a gas-oil ratio less than 50,000 cubic feet of gas per barrel of oil.

"Operator" means any person authorized by an owner to control the day-to-day activities of a well or production or refining facility.

"Shut-in well" means a well that is capable of production in paying quantities, is completed as a producing well, and is not presently being operated.

"Stratigraphic test or core hole test" means drilling a hole for the sole purpose of obtaining geological information.

"Temporarily abandoned well" means a well that is not capable of production in paying quantities and is not presently being operated.

History

• Former B; Former Section R12-7-101 renumbered and amended as Section R12-7-102, former Section R12-7-100 renumbered and amended as Section R12-7-101 effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 6 A.A.R. 4827, effective December 7, 2000 (Supp. 00-4).

Ariz. Admin. Code § R12-7-102 [REPEALED]

History

• Former 101; Former Section R12-7-102 renumbered and amended as Section R12-7-103, former Section R12-7-101 renumbered and amended as Section R12-7-102 effective September 29, 1982 (Supp. 82-5). Repealed effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-103 Bond

A. An operator shall file a performance bond with the Commission before drilling a new well, re-entering an abandoned well, or assuming responsibility as the operator of an existing well. Choosing one of the following options, an operator shall provide a performance bond for each well or a blanket performance bond payable to the Oil and Gas Conservation Commission, State of Arizona and conditioned upon the faithful performance by the operator of the duty to drill each well, plug each dry or abandoned well, repair each well causing waste or pollution, maintain and restore each well site and otherwise act in a manner that is consistent with A.R.S. Title 27 Chapter 4 and this Chapter:

1. For individual wells, an operator shall provide a $10,000 bond for each well drilled to a total depth of 10,000 feet or less or a $20,000 bond for each well drilled deeper than 10,000 feet, or

2. For multiple wells, an operator shall provide one of the following blanket bonds to cover all wells:

a. $25,000 for 10 or fewer wells;

b. $50,000 for more than 10 but fewer than 50 wells; or

c. $250,000 for 50 or more wells.

B. An operator shall provide a bond in the form of a surety bond, executed by the operator as principal and a corporate surety, authorized to do business in Arizona; a certified check; or a certificate of deposit at a federally insured bank, authorized to do business in Arizona.

C. Transfer of property does not release the bond. If an operator plans to transfer a property and desires release from the bond, the following rules apply:

1. The operator shall notify the Commission in writing of the proposed transfer, providing the location of each well, the date and number of each permit to drill, and the name, address, and telephone number of the proposed transferee;

2. The operator shall obtain from the proposed transferee a declaration to the Commission in writing, accepting the transfer and responsibility for each well. As the new operator, the proposed transferee shall submit a new bond or bonds unless the transferee has previously provided a blanket bond that complies with subsection (A)(2);

3. If the Commission approves the transfer, the transferor is released from all responsibility with respect to the well or wells, and the Commission shall notify the transferor and the bonding company in writing of the release.

History

• Former Rule 102; Former Section R12-7-103 renumbered and amended as Section R12-7-104, former Section R12-7-102 renumbered and amended as Section R12-7-103 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1). Amended by final rulemaking at 11 A.A.R. 2948, effective September 10, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-7-104 Application for Permit to Drill

A. Before drilling or re-entering any well or conducting any surface disturbance associated with such activity, the operator shall submit to the Commission an application for permit to drill or re-enter and obtain approval. The complete application package shall contain:

1. An application for permit to drill on a form provided by the Commission, which shall include the operator's name, address, and phone number, and a description of the proposed well and its location;

2. A well and well-site construction plan that meets the requirements of R12-7-108 through R12-7-118;

3. A plat, prepared and certified by a registered surveyor bearing the surveyor's certificate number, on which is shown the exact acreage or legal subdivision allotted to the well as required by R12-7-107, the well's exact location, and its ground-level elevation;

4. An organization report as required by R12-7-194;

5. A performance bond, as required by R12-7-103; and

6. A fee of $25.00 per well.

B. The Commission shall mail to the applicant, within 30 days of receipt of the application required in subsection (A), written notice of administrative completeness or a detailed list of deficiencies. Within 30 days of receipt of all items required in subsection (A), the Commission shall review the application and:

1. Issue a permit to drill, or

2. Provide a written explanation in compliance with A.R.S. § 41-1076 to the applicant if the application is not approved.

C. Time-frames

1. The administrative review period is 30 days. The substantive review period is 30 days. The overall time-frame is 60 days.

2. For the purpose of this subsection, intermediate Saturdays, Sundays, and legal holidays shall be included in the time-frame computation. The last day of the notice period shall be included in the computation unless it is a Saturday, Sunday, or legal holiday.

D. Unless operations are commenced within 180 days after date of approval, the permit to drill shall become null and void unless an extension in writing is granted by the Commission.

E. In case of imminent danger to public safety or of contamination of the environment, the Commission may authorize the drilling of an emergency relief or offset well to reduce the danger or hazard. Within 10 days of commencing an emergency relief or offset well, the operator shall file an application as required in subsection (A). No well drilled under this subsection shall be used for production unless it conforms to the provisions of R12-7-107.

History

• Former Rule 103; Former Section R12-7-104 renumbered and amended as Section R12-7-105, former Section R12-7-103 renumbered and amended as Section R12-7-104 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1). Amended effective June 6, 1997 (Supp. 97-2).

Ariz. Admin. Code § R12-7-105 Change of Location

A. No operator shall drill a well in a location other than that authorized by the permit issued pursuant to R12-7-104 until the following requirements have been met:

1. If the operator decides to change the location before drilling the well, an amended application for permit to drill shall be filed showing the new location.

2. If it is determined that the location is erroneously described on the permit after drilling has begun, the operator shall obtain a new permit showing the correct location.

B. If the new location is at an authorized point in the approved drilling unit as provided in the initial permit, the application may be made by electronic communication and the Commission may by electronic communication authorize the commencement or continuance of drilling operations. Within ten days after obtaining such authorization, the operator shall file an amended application showing the new location. An amended permit may be issued and the old permit cancelled without payment of additional fee.

C. If the new location is located outside the approved drilling unit covered by the initial permit, no drilling shall be commenced or continued until a new application for permit to drill is filed and approved as required by R12-7-104, including payment of an additional fee.

History

• Former Rule 104; Former Section R12-7-105 renumbered and amended as Section R12-7-106, former Section R12-7-104 renumbered and amended as Section R12-7-105 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-106 Identification of Wells, Producing Leases, Tanks, Refineries, Buildings, and Facilities

A. The operator shall mark each drilling, producing, injection, or shut-in well in a conspicuous place with the operator's name, lease name or number, well number, and the legal description of the well's location.

B. The operator shall mark each abandoned well as required in R12-7-127(F).

C. The operator shall mark all tank batteries, gasoline plants, structures, storage buildings, compressors, and compressor buildings, and all other storage or transportation equipment with the operator's name, address, telephone number, lease name or number, and location. All structures within a fenced yard may be identified by a single sign at the principal outside entrance to the yard.

D. The operator of a storage-well facility shall clearly mark each well with the operator's name, lease name or number, and well number. Each outside entrance to the facility shall be marked with the operator's name, address, and one or more emergency response telephone numbers.

E. The operator of a refinery shall mark each facility at each outside entrance with the operator's name, address, and one or more emergency response telephone numbers.

F. Sign lettering shall contrast strongly with the background and be large enough to be legible under normal conditions at a distance of 25 feet. The operator shall preserve these markings and keep them legible and up to date.

History

• Former Rule 105; Former Section R12-7-106 renumbered and amended as Section R12-7-107, former Section R12-7-105 renumbered and amended as Section R12-7-106 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-107 Spacing of Wells

A. Every well drilled for oil shall be located on a drilling unit consisting of approximately 80 contiguous surface acres within two governmental quarter-quarter sections or lots having one side in common, upon which there is not located, and of which no part is attributed to, any other well completed in or drilling to, the same pool.

1. In areas not covered by United States Public Land Surveys, the oil drilling unit shall consist of an area bounded by four sides intersecting at angles of not less than 85 degrees or more than 95 degrees. The unit shall contain at least 76 contiguous surface acres and its maximum dimension shall not exceed 3,000 feet.

2. No well drilled for oil shall be located closer than 330 feet to any boundary of the drilling unit or closer than 330 feet to the shortest center line of the drilling unit.

3. No well drilled for oil shall be located within a quarter-quarter section or lot having one side in common with another quarter-quarter section or lot upon which there is located a well completed in or drilling to the same pool.

B. Every well drilled for gas shall be located on a drilling unit consisting of approximately 640 but not less than 600 contiguous surface acres within one governmental section upon which there is not located, and of which no part is attributed to, any other well completed in or drilling to the same pool.

1. In areas not covered by United States Public Land Surveys, the gas drilling unit shall consist of an area bounded by four sides intersecting at angles of not less than 85 degrees or more than 95 degrees. The unit shall contain at least 600 contiguous surface acres and its maximum dimension shall not exceed 8,500 feet.

2. No well drilled for gas shall be located closer than 1,660 feet from any boundary of the drilling unit.

C. Every well drilled for geothermal resources shall be located on a drilling unit approved or as modified by the Commission. The Commission may require modification to minimize well interference and provide the necessary volume of geothermal resources for the intended use, to protect correlative rights, and to protect the environment.

D. If the operator drills a horizontal segment, that horizontal segment shall be located:

1. At least 330 feet from the boundary of the spacing unit in the case of an oil well;

2. At least 1,660 feet from the boundary of the spacing unit in the case of a gas well; and

3. As approved or modified by the Commission in the case of a geothermal well.

E. The Commission may grant exceptions to the regular locations specified in subsections (A), (B), and (C) only after notice and hearing.

1. Applications for exception shall fully state the reasons why the exception is necessary and shall include a plat prepared and certified by a registered surveyor bearing the surveyor's certificate number showing all other completed, drilling, and permitted wells on the property and all adjoining surrounding properties and wells.

2. Exceptions shall be granted only after the operator provides by certified mail a copy of the application to all adjoining lessees, and only after the Commission deter mines in a duly noted public hearing that the application is valid.

3. The Commission may grant an exception location without notice or hearing when topography prohibits drilling at a regular location on the drilling unit.

4. If an existing well's classification changes due to its recompletion or due to a change in the nature of the product being produced, the Commission may approve an irregular location application with supporting data and ten days' notice and hearing, provided that the operator furnish the Commission with proof of mailing of a copy of the application to all operators within a one-mile radius of the acreage to be dedicated.

F. In order to prevent waste, the Commission may, after notice and hearing, fix different spacing requirements and require lesser or greater acreage for drilling units in any specific oil, gas, or geothermal resource pool notwithstanding the provisions of subsections (A), (B), and (C).

G. The Commission may order pooling and integration of interests pursuant to A.R.S. §§ 27-505 and 27-666.

History

• Former Rule 106; Former Section R12-7-107 renumbered and amended as Section R12-7-108, former Section R12-7-106 renumbered and amended as Section R12-7-107 effective September 29, 1982 (Supp. 82-5). Correction, paragraph (1) "No well drilled for oil shall be located within the bounds of a quarter-quarter section or lot . . ." (Supp. 82-6). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-108 Pit for Drilling Mud and Drill Cuttings

A. Each operator shall maintain an adequate supply of drilling mud to confine oil, gas, or water to its native stratum during the drilling of any well and shall provide, before drilling is commenced, an adequate pit, either earthen or portable, for the drilling mud or the accumulation of drill cuttings.

B. An earthen pit used for drilling, deepening, testing, reworking, or fracturing shall be constructed of or sealed with an impervious material and shall be maintained to prevent escape of any contained substance. Earthen pits shall be fenced on all sides at all times.

C. Earthen pits shall be constructed and maintained to prevent the entrance of outside runoff water and the fluid level in earthen pits shall be kept at all times at least 18 inches below the lowest point of the embankment.

D. Any mud contained in an earthen pit shall be water-based and contain no more than one pound per barrel of thinner for each 25 pounds per barrel of barite or hematite. Mud containing chromium lignosulfonate, ferrochrome lignosulfonate or other chromium compounds shall not be used.

E. Drilling mud shall be disposed of by either recycling or commercial off-site disposal. Mud described in subsection (D) may be disposed of by evaporation and subsequent leveling of the pits.

History

• Former Rule 107; Former Section R12-7-108 renumbered and amended as Section R12-7-109, former Section R12-7-107 renumbered and amended as Section R12-7-108 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-109 [REPEALED]

History

• Former Rule 108; Former Section R12-7-109 renumbered and amended as Section R12-7-110, former Section R12-7-108 renumbered and amended as Section R12-7-109 effective September 29, 1982 (Supp. 82-5). Repealed effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-110 Surface Casing Requirements

A. Surface casing shall be set at a sufficient depth to protect and isolate all known or reasonably estimated freshwater zones and to prevent blowouts or uncontrolled flows. The surface casing shall:

1. Be of sufficient size to permit the use of an intermediate string or strings of casing;

2. Be set in or through an impervious formation and shall be cemented by the pump and plug, displacement, or other method approved by the Commission;

3. Be cemented back to surface either during the primary cement job or by remedial action; and

4. Have API-approved centralizers on the bottom three joints as a minimum.

B. Cement shall be allowed to set a minimum of 12 hours under the lowest necessary pressure before drilling the cementing plugs or initiating tests.

C. Surface casing shall be pressure tested for at least 30 minutes to 70% of internal yield pressure or one psi per foot of casing depth, whichever is less. If a drop of more than 10% of the test pressure should occur, the casing shall be considered defective and corrective measures shall be applied. In wells drilled with cable tools, casing may be tested by bailing the well dry. The hole shall remain satisfactorily dry for one hour before commencing further operations. Results of the above test and any remedial action shall be reported in writing to the Commission within 15 days following the test.

D. The operator of a well shall notify the Commission at least 48 hours before setting surface casing so that a representative of the Commission may witness all or a part of the operations required in this Section.

History

• Former Rule 109; Former Section R12-7-110 renumbered and amended as Section R12-7-111, former Section R12-7-109 renumbered and amended as Section R12-7-110 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-111 Intermediate and Production Casing and Tubing Requirements

A. All producing wells shall be completed with production casing set directly above or through the producing interval and cemented by the pump and plug method, or other method approved by the Commission, to protect the zones to be produced. An intermediate string of casing may be required to seal off all potentially productive, lost circulation, and abnormally pressured zones that may be encountered in the well, except those to be produced. The Commission may require casing strings to be cemented from the maximum depth of the casing to at least 50 feet inside the previously run string of casing. For liners, a minimum of 100 feet of overlap between a string of casing and the next larger casing is required.

B. Strings of casing shall stand cemented for at least 12 hours before drilling out the cementing plugs or initiating such tests as the Commission may require.

C. Strings of intermediate and production casing shall be pressure tested to 70% of the manufacturer's rated internal yield pressure or one psi per foot of casing depth, whichever is less. In cases where combination strings utilizing casing of varied grades and weights are used, the above test pressures shall apply to the lowest pressure rated component used. If pressure declines more than 10% in 30 minutes, the casing shall be considered defective and corrective measures shall be applied.

1. In wells drilled with cable tools, casing may be tested by bailing the well dry, in which case the hole shall remain satisfactorily dry for at least one hour before commencing further operations on the well. Results of the above test and any remedial action shall be reported in writing to the Commission within 15 days following the test.

D. All flowing oil wells shall have tubing set as near the bottom as practical with tubing perforations not more than 250 feet above the top of the zone to be produced. Wells may be completed with small-diameter casing, which is generally understood in the industry to be "slim hole" or "tubingless" completions, in lieu of tubing.

E. The operator shall notify the Commission at least 48 hours before setting any casing string so that a representative of the Commission may witness all or a part of the operations required in this Section.

History

• Former Rule 110; Former Section R12-7-111 renumbered and amended as Section R12-7-112, former Section R12-7-110 renumbered and amended as Section R12-7-111 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-112 Defective Casing or Cementing

A. The operator shall take immediate steps to correct the casing condition of any well that may cause, or is causing, underground waste of oil, gas, or geothermal resources or contamination of fresh waters. These steps shall restore the integrity of the casing to the standards set in R12-7-110(C) and R12-7-111(C).

B. The operator shall report the corrective actions taken in writing to the Commission within 15 days of the completion of the work. If the condition of the casing cannot be corrected, the well shall be plugged and abandoned in compliance with R12-7-127.

History

• Former Rule 111; Former Section R12-7-112 renumbered and amended as Section R12-7-113, former Section R12-7-111 renumbered and amended as Section R12-7-112 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-113 Blowout Prevention and Related Well-control Equipment

A. When drilling in areas where pressures are unknown or high pressures do or are likely to exist, a blowout preventer, control head and related lines, and connections necessary to control the pressures and to keep the well under control at all times shall be installed as soon as the surface casing is set.

B. Upon installation, all ram-type blowout preventers and related equipment shall be pressure tested to the lesser of the manufacturer's full working pressure rating of the equipment, 70% of the minimum internal yield pressure of any casing subject to test, or one psi per foot of the last casing string depth. Annular or bag-type preventers shall be tested to the lesser of 1000 psi or 50% of full working pressure on installation. The blowout preventer and related equipment shall be tested:

1. After each string of casing is set in the well,

2. Not less than once each 14 days from each control station, and

3. Following repairs that require disconnection of any pressure seal in the assembly. Only the component repaired or replaced needs be tested unless alteration or repair occurs at a normal full blowout preventer test period.

C. The operator shall maintain records of the tests required in this Section until the well is completed and shall submit copies of these records to the Commission if required.

History

• Former Rule 112; Former Section R12-7-113 renumbered and amended as Section R12-7-114, former Section R12-7-112 renumbered and amended as Section R12-7-113 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-114 Recovery of Casing

Recovery of inside or outside strings of casing is prohibited unless written approval is obtained from the Commission. Approval shall be given only for wells where mudding and plugging operations can be carried out safely and the well abandoned in compliance with R12-7-127.

History

• Former Rule 113; Former Section R12-7-114 renumbered and amended as Section R12-7-115, former Section R12-7-113 renumbered and amended as Section R12-7-114 effective September 29, 1982 (Supp. 82-5). Section repealed, new Section adopted effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-115 Deviation of Hole and Directional Drilling

A. An operator drilling a well shall not intentionally deviate from the normal vertical course of the well unless the operator first files an application and obtains approval from the Commission after notice and hearing. The normal vertical course of a well is defined by an average deviation from vertical of not more than five degrees in any 500-foot interval. The operator shall test any vertical or deviated well that is drilled or deepened at least once each 500 feet or at the first bit change succeeding 500 feet. The operator shall tabulate all deviation tests run and file the tabulation with the Commission within 30 days after drilling is completed. Deviation from the vertical for short distances is permitted in the drilling of a well without special approval only to straighten the hole, sidetrack junk, or correct other mechanical difficulties.

B. An application for directional drilling shall include:

1. The name, address, and telephone number of the operator;

2. The field name, lease name, well number, state permit number, reservoir name, and county where the proposed well is located;

3. A plat or sketch showing the distance from the surface location to section and lease lines and to the target location within the intended producing interval;

4. The reason for the intentional deviation; and

5. The signature of the operator.

C. The operator of any well capable of production and whose producing interval or any portion of the producing interval is located 330 feet or less in the case of an oil well or 1,660 feet or less in the case of a gas well from the boundary of any drilling unit shall run a directional survey before running the production casing.

D. In order to ensure compliance with this Section, the Commission may require the operator to run a directional survey of any hole at the operator's expense. The Commission may require an operator to run a directional survey of any hole at the request of an offset operator at the expense and risk of the offset operator unless the survey shows that the well is completed at a point outside the drilling unit or at an unauthorized point.

E. Within 30 days following the completion of drilling a directionally-drilled well, the operator shall file with the Commission a complete angular deviation and directional survey of the well, obtained by a well survey company.

F. An operator shall not drill a well in a manner that results in the well crossing drilling unit lines, except by approval obtained from the Commission after notice and hearing.

History

• Former Rule 114; Former Section R12-7-115 renumbered and amended as Section R12-7-116, former Section R12-7-114 renumbered and amended as Section R12-7-115 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1). Amended by final rulemaking at 13 A.A.R. 4596, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-7-116 Multiple Zone Completions

A. Completions to include production from more than one common source of supply from a single well are prohibited except as authorized by the Commission after notice and hearing. After notice and hearing, the Commission shall maintain a list of zones or reservoirs, by fields, for which multiple completions have been authorized.

B. Operators shall file an application for multiple completion with the Commission and shall demonstrate the method to be used to keep the production streams separate. The application shall be accompanied by:

1. An electrical log or other acceptable log with tops and bottoms of formations or producing zones and perforated intervals shown and marked;

2. A diagrammatic sketch of the multiple completion installation indicating make, type, and setting depths of packer or packers;

3. A plat showing the location of the well and all offset wells and the names and addresses of operators of all leases offsetting acreage dedicated to applicant's well; and

4. Proof of mailing of application for multiple completion to all offset operators.

C. The Commission may approve subsequent applications for multiple completion of the same zones or reservoirs in a field administratively without a hearing, provided that:

1. The applicant can show that the Commission has approved and listed the zones or reservoirs as required in subsection (A);

2. The subsequent application is filed as required in subsection (B); and

3. The Commission receives no protest to the application after a 15-day holding period. A hearing shall be called if a protest is received.

D. Within 15 days of setting the final packer or packers, the operator shall file a report with the Commission identifying the well and its location showing the make, type, and depth set of each packer and the signature of the supervisor of the work. This report shall include the results of a packer leakage test and detail for each separate common source of supply, its stabilized shut-in pressure, producing pressure, and the simultaneous shut-in pressure on each other separate common source of supply. The operator shall notify the Commission at least 48 hours in advance of performing the tests required in this subsection.

E. Every operator of a multi-completed well shall operate, produce, and maintain the well to prevent commingling of production from the separate sources of supply. The Commission may require any multi-completed well to be tested at any time to demonstrate the effectiveness of the separation of sources of supply. These tests may be witnessed by representatives of the Commission and by offset operators.

History

• Former Rule 115; Former Section R12-7-116 renumbered and amended as Section R12-7-117, former Section R12-7-115 renumbered and amended as Section R12-7-116 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-117 Artificial Stimulation of Oil and Gas Wells

A. An operator shall report the artificial stimulation of any well to the Commission in writing within 15 days of the stimulation showing the type of stimulation, the amounts and types of materials used, stimulation pressures applied, and the flow and pressure results before and after stimulation.

B. If the artificial stimulation of a well results in any damage to the producing formation, a freshwater formation, casing, or casingseat that permits communication between fluid-bearing zones, the operator shall immediately notify the Commission and proceed with diligence to correct the damage. If the artificial stimulation results in irreparable damage to the well, the operator shall plug and abandon the well pursuant to R12-7-127.

History

• Former Rule 116; Former Section R12-7-117 renumbered and amended as Section R12-7-118, former Section R12-7-116 renumbered and amended as Section R12-7-117 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1). Amended effective June 5, 1998 (Supp. 98-2).

Ariz. Admin. Code § R12-7-118 Operations in Hydrogen Sulfide Environments

A. When drilling, redrilling, deepening, or plugging back operations in areas where the formations to be penetrated are known to contain or are expected to contain hydrogen sulfide gas (H2S) in excess of 10 ppm and in areas where the presence or absence or H2S is unknown, the operator shall contract the services of an approved H2S safety company to be on location at the known or expected depths.

B. A written contingency plan providing details of actions to be taken to alert and protect operating personnel and members of the public in the event of an accidental release of H2S gas shall be submitted to the Commission as part of the initial application for a permit to drill or as a sundry notice.

History

• Former Rule 117; Former Section R12-7-118 renumbered and amended as Section R12-7-119, former Section R12-7-117 renumbered and amended as Section R12-7-118 effective September 29, 1982 (Supp. 82-5). Amended effective January 19, 1994 (Supp. 94-1).

Ariz. Admin. Code § R12-7-119 Wellhead and Lease Equipment

A. The operator shall install and maintain valves, fittings, and wellhead connections that

1. Have a rated working pressure equivalent to at least 100% of the calculated or known surface pressure to which they may be subjected from the producing zone;

2. Allow well production, productivity, deliverability, and transient pressure tests;

3. Permit pressures to be obtained on both casing and tubing; and

4. Control the flow of the oil, gas, or geothermal resources on a flowing well.

B. The operator shall produce flowing oil wells into tanks equipped with high-low pressure and high-low level shut-in controls and shall install a safety valve that automatically closes on the wellhead in the event of surface production equipment malfunctions.

C. The operator shall equip artificial lift wells with wellhead safety sensors to shut off the source of power in the event of abnormally high or low flowline pressures.

History

• Former Rule 118; Former Section R12-7-119 renumbered and amended as Section R12-7-120, former Section R12-7-118 renumbered and amended as Section R12-7-119 effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-120 Notification of Fire, Leaks, Spills, and Blowouts

A. Each operator shall notify the Commission within 24 hours of any fire, break, leak, spill, overflow, or blowout that occurs at any oil, gas, or geothermal drilling, producing, or transportation facility, or at any injection, disposal, or storage facility.

B. Each operator shall file a final written report within 15 days of resolving incidents described in subsection (A) giving the location by quarter-quarter section, township, and range; date and time of occurrence; specific nature and cause of the incident; resultant damage; action taken to correct the situation and prevent its reoccurrence; and losses of hydrocarbons or geothermal resources.

History

• Former Rule 119; Former Section R12-7-120 renumbered and amended as Section R12-7-121, former Section R12-7-119 renumbered and amended as Section R12-7-120 effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-121 Well Completion and Filing Requirements

A. An operator shall file a completion report with the Commission within 30 days after a well is completed. The completion report shall contain a description of the well and lease, the casing, tubing, liner, perforation, stimulation, and cement squeeze records, and data on the initial production. The operator shall submit other well data to the Commission within 30 days of the date the work is done, including any:

1. Lithologic, mud, or wireline log;

2. Directional survey;

3. Core description and analysis;

4. Stratigraphic or faunal determination;

5. Formation or drill-stem test;

6. Formation fluid analysis; or

7. Other similar information or survey.

B. An operator shall furnish samples of drilled cuttings, at a maximum interval of 10 feet, to the Commission within 30 days after drilling is completed. The operator may furnish samples of continuous core in chips at 1-foot intervals. The operator shall:

1. Wash and dry all samples;

2. For each sample, place approximately 3 tablespoons of the sample in an envelope with the following identifying information: the well from which the sample originates, the location of the well, the Commission's permit number for the well, and the depth at which the sample is taken; and

3. Package sample envelopes in protective boxes and ship prepaid to:

Oil and Gas Administrator

Arizona Geological Survey

416 W. Congress, Ste. 100

Tucson, AZ 85701

C. Confidential records:

1. The Commission shall keep the completion report and all well information required by this Section for any well drilled for oil and gas in unproven territory confidential for one year after the drilling is completed unless the operator gives written permission to release the information at an earlier date. The Commission shall provide notice to the operator 60 days before confidential records become subject to public inspection and, at the operator's request, extend the confidential period for six months to two years from the date of the request if the Commission finds that the operator has provided credible evidence that disclosure of the information is likely to cause harm to the operator's competitive position with respect to unleased land in the vicinity of the well.

2. The Commission shall keep the completion report and all well information required by this Section for any well drilled in search of geothermal resources confidential for one year after drilling is completed upon operator request.

History

• Former Rule 120; Former Section R12-7-121 renumbered and amended as Section R12-7-122, former Section R12-7-120 renumbered and amended as Section R12-7-121 effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 6 A.A.R. 4827, effective December 7, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4596, effective February 2, 2008 (Supp. 07-4).

Ariz. Admin. Code § R12-7-122 Recompletion and Routine Maintenance Operations

A. After a well has been completed, it shall not be deepened, redrilled, plugged back, reworked, or recompleted in a different zone, without prior approval by the Commission of a written application showing the character of the proposed work and the time it will begin. The Commission shall notify the applicant in writing whether the proposed work is approved or disapproved.

B. In the case of an emergency, an application may be made by electronic communication, and the Commission may by electronic communication authorize the work; however, written application required in subsection (A) shall be filed with the Commission within 10 days after emergency authorization is given, even though the work has already been commenced or completed. The Commission shall confirm the emergency authorization in writing upon receipt of the written application.

C. Written approval from the Commission is not required on acidizing, fracturing, and reperforating, or other routine well operations designed to restore or maintain production.

D. Within 15 days following the completion of any work described in this Section, the operator shall file a written report with the Commission identifying the well and fully describing the work performed. If the well is recompleted, a completion report shall be filed as required by R12-7-121.

History

• Former Section R12-7-121 renumbered and amended as Section R12-7-122 effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-123 Reserved

Ariz. Admin. Code § R12-7-124 Reserved

Ariz. Admin. Code § R12-7-125 Temporarily Abandoned and Shut-in Wells

A. If drilling, injection, or production operations at a well are suspended, or have been suspended for 60 days, an operator shall plug the well under R12-7-127 unless the Commission permits the well to be temporarily abandoned or shut-in. The Commission shall not classify a well as shut-in until the operator submits a completion report under R12-7-121.

B. An operator may temporarily abandon or shut-in a well for up to 5 years if the operator demonstrates to a quorum of the Commission a future beneficial use of the well and submits a Sundry Notice to the Commission containing the following information:

1. Evidence of casing integrity as required in R12-7-112 including a complete description of the current casing, cementing, and perforation record of the well;

2. The stimulation and cement squeeze record and complete data on the results of any well tests performed to date; and

3. All other well data required in R12-7-121(A).

C. Before an approved time-frame for a temporarily abandoned or shut-in well expires, the operator shall return the well to beneficial use under a plan approved by the Commission, permanently plug and abandon the well, or apply for an extension to temporarily abandon or shut-in the well. If the integrity of the well casing is in question, the Commission may require the operator to:

Prove casing integrity in accordance with R12-7-112;

2. Plug any well that fails to meet the casing integrity required by R12-7-112; and

3. Re-test the well in accordance with R12-7-150 to continue shut-in status.

D. An operator shall ensure that no work begins on a temporarily abandoned or shut-in well until approved by the Commission. The operator shall give at least 24 hours' notice to the Commission before any work begins. Within 15 days of completing the proposed work, the operator shall file a written report with the Commission fully describing the work performed including a copy of all test rates, pressures, and fluid analyses.

History

• Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 6 A.A.R. 4827, effective December 7, 2000 (Supp. 00-4).

Ariz. Admin. Code § R12-7-126 Application to Plug and Abandon

A. Before abandoning any well, the operator shall submit an application to plug and abandon to the Commission and obtain approval. The application shall set forth the name and location of the well, the mechanical condition of the well, the productive zone and latest production, and a complete description of the proposed work. The plan shall provide for the protection of all formations containing usable-quality water, oil, gas, or geothermal resources.

B. In the case of a drilling well or an emergency, the application may be made by electronic communication, and the Commission may by electronic communication authorize the work; however, the operator shall file a written application within 10 days after the emergency authorization is given even though the work has already been commenced or completed. The Commission shall confirm the emergency authorization in writing upon receipt of the written application.

History

• Former Rule 201; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-127 Plugging Methods and Procedures

A. Before abandoning any well, the operator shall submit an application to plug and abandon to the Commission for approval as required in R12-7-126. All down-hole plugging shall be conducted through drill pipe or tubing, unless otherwise approved by the Commission.

B. Open hole

1. A cement plug shall be placed to extend at least 50 feet below the bottom, except as limited by total depth or plugged back total depth, to 50 feet above the top of any zone containing fluid with a potential to migrate, any zone of lost circulation, and any zone containing potentially valuable minerals, including noncommercial hydrocarbons, coal, and oil shale.

2. All freshwater zones shall be plugged with a continuous cement plug which shall extend from at least 50 feet below to at least 50 feet above the freshwater zone, or a 100-foot plug shall be centered across the base of the freshwater zone and a 100-foot plug shall be centered across the top of the freshwater zone.

3. Open hole below the shoe of cemented casing shall be plugged with cement which shall extend from at least 50 feet below to at least 50 feet above the shoe.

C. Cased hole

1. A cement plug shall be placed opposite all open perforations and extend to a minimum of 50 feet below, except as limited by total depth or plugged back total depth, to 50 feet above the perforated interval. In lieu of the cement plug, a bridge plug may be placed within 50 to 100 feet above the open perforations and followed by at least 50 feet of cement.

2. If any casing is cut and recovered, a cement plug shall be placed to extend at least 50 feet above and below the stub.

3. No annular space that extends to the surface shall be left open to the drilled hole below. If this condition exists, a minimum of the top 100 feet of each annulus shall be plugged with cement.

D. Plugging mud having the proper weight and consistency to prevent movement of other fluids into or within the bore hole shall be placed across all intervals not plugged with cement. In the absence of other information at the time plugging is approved, plugging mud shall be made up with a minimum of 15 pounds per barrel of sodium bentonite and a nonfermenting polymer, have a minimum consistency of 9 pounds per gallon, a minimum viscosity of 50 seconds per quart, and mixed with fresh water.

E. A cement surface plug of at least 50 feet shall be placed in the smallest casing which extends to the surface. The top of this plug shall be placed as near the eventual casing cut-off point as possible.

F. The abandoned well shall be marked by a piece of metal pipe not less than 4 inches in diameter securely set in cement and extending at least 4 feet above the general ground level. The well location and identity shall be permanently inscribed as required in R12-7-106(A). An abandoned well location on tilled or otherwise unique land shall be marked in a manner approved by the Commission.

G. The drill site of an abandoned well shall be restored as nearly as possible to its natural state, to the satisfaction of the Commission. All pits shall be filled and all equipment and debris shall be removed from the location.

H. The operator shall notify the Commission at least 48 hours before starting abandonment operations to allow a representative of the Commission to witness the operations required in this Section. To ensure the integrity or placement of any plug, the representative may order the plug to be tested.

I. Within 15 days after the plugging of any well, the operator shall file with the Commission a plugging record setting forth in detail the method used in plugging the well, including the casing record; the size, kind, and depth of plugs used; and the name and depth interval of each formation containing fresh water, oil, gas, or geothermal resources.

J. Seismic shot holes

1. All seismic shot holes shall be plugged and abandoned within 30 days of firing.

2. Seismic shot holes which do not encounter freshwater zones shall be filled with a high-grade bentonite slurry or some other comparable plugging material as approved by the Commission.

3. Seismic shot holes which do encounter freshwater zones shall be plugged with cement in accordance with the applicable provisions of subsections (B) and (D).

4. Seismic shot-hole locations shall be restored in accordance with subsection (G) and the operator shall file a plugging record in accordance with subsection (I).

History

• Former Rule 202; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-128 Stratigraphic, Core, and Seismic Holes

A. Any hole drilled for stratigraphic, core, or seismic purposes shall comply with all rules in this Chapter pertaining to the drilling of a well except the spacing provisions of R12-7-107.

B. Each hole drilled for stratigraphic, core, or seismic purposes shall be plugged in accordance with R12-7-126 and R12-7-127. The operator of a stratigraphic or core hole shall submit samples and cores and file a completion report in accordance with R12-7-121.

History

• Former Rule 203; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-129 Wells to be Used As Water Wells

A. The landowner, landowner's agent, or lessee may use any well or exploratory hole as a water well provided that:

Written approval is obtained from the Arizona Department of Water Resources;

2. The operator plugs the well in accordance with R12-7-127 to a point immediately below the freshwater strata; and

3. The landowner, landowner's agent, or lessee assumes responsibility for the well and compliance with the provisions of A.R.S. Title 45, Chapter 2 in a signed and notarized water-well responsibility form provided by and filed with the Commission.

B. After filing the notarized water-well responsibility form with the Commission, the landowner, landowner's agent, or lessee shall comply with A.R.S. Title 45, Chapter 2 before modification or abandonment of the well.

C. Upon filing the notarized water-well responsibility form with the Commission, the Commission shall notify the bonding company and operator in writing so that the bond may be cancelled or made no longer effective with respect to that well.

History

• Former Rule 204; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 8 A.A.R. 3363, effective July 15, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-7-130 Reserved

Ariz. Admin. Code § R12-7-131 Reserved

Ariz. Admin. Code § R12-7-132 Reserved

Ariz. Admin. Code § R12-7-133 Reserved

Ariz. Admin. Code § R12-7-134 Reserved

Ariz. Admin. Code § R12-7-135 Gas-oil Ratio and Potential Tests

A. Each operator shall conduct a gas-oil ratio test between 5 and 15 days after the completion or recompletion of any well located in a pool which contains both oil and gas. The average daily oil production, the average daily gas production, and the average gas-oil ratio shall be recorded.

B. The results of the gas-oil ratio test shall be reported in writing to the Commission within 15 days after completion of the test.

C. Each operator shall conduct a potential test within 30 days following the completion or recompletion of any well for the production of oil. The results of this test shall be reported in writing to the Commission within 15 days after completion of the test.

History

• Former Rule 301; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-136 Subsurface Pressure Tests and Reservoir Surveys

A. Each operator shall conduct a test, within 30 days after completion, to determine the reservoir pressure on the discovery well of any new pool. The test shall be made after the well has been shut-in for at least 24 hours, and the results shall be reported in writing to the Commission within 15 days after the completion of the test.

B. The Commission may require subsurface pressure measurements on a number of wells in any pool to provide data to determine reservoir characteristics. The survey shall be made by the operator and shall provide a description of the test method and results including fluids, temperature, and pressure data and may require supervision by a qualified agent of the Commission. The results shall be reported in writing to the Commission within 15 days of the completion of the survey.

History

• Former Rule 302; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-137 Commingling of Production from Pools

A. Unless authorized by the Commission, each pool shall be produced as a single common reservoir, with the wells completed, cased, maintained, and operated as the producing media for that pool. Oil production from each pool shall at all times be segregated into separate, identified tanks. The commingling of production from different pools is prohibited, unless authorized by order of the Commission after notice and hearing.

B. The Commission may approve commingling of production upon demonstration by the applicant that such commingling shall not cause waste of reservoir energy or diminish recovery of the resource. Application for approval of commingling shall include the following:

1. Electric or porosity log with tops and bottoms of formations or producing zones and perforated intervals shown and marked;

2. Diagrammatic sketch of the proposed well structure, including make, type and setting depths of packers;

3. The reservoir pressure for each zone or formation pro posed for commingling, the specific gravity and BTU content of the gas if the zone produces gas, and the API gravity and gas-oil ratio of the oil if the zone produces oil;

4. Plat showing the location of the well and all offset wells, and a list of the names and addresses of operators of all leases offsetting the acreage dedicated to the applicant's well;

5. Waiver consenting to the proposed commingling from each offset operator, or in lieu thereof, copies of letters requesting such waiver; and

Proof of mailing of notice of application for commingling to all offset operators.

C. The first application for commingling of pools in a field shall be approved by the Commission only after notice and hearing. Subsequent applications, completed as required in subsection (B), for commingling of the same zones in the same field may be approved administratively if, after a 15-day holding period, there are no protests from offsetting operators.

History

• Former Rule 303; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-138 Casinghead Gas

A. All casinghead gas produced and sold or transported away from a lease, except amounts of flare gas, shall be metered and reported monthly in writing to the Commission in standard Mcf and gallons of liquids per Mcf. If the casinghead gas is sold as supply stock for a gasoline plant, the gallons of liquids per Mcf shall be reported. The operator of a lease shall not be required to measure the exact amount of casinghead gas produced and used for fuel purposes in the development and normal operation of the lease.

B. Pending arrangements for disposition of some useful purpose, all casinghead gas that is authorized to be vented shall be burned, and the estimated volume reported monthly as required by R12-7-161.

History

• Former Rule 304; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-139 Use of Vacuum Pumps

A. The use of any device for the purpose of putting a vacuum on any stratum containing oil, gas, or geothermal resources is prohibited unless authorized by the Commission.

B. The Commission may, after notice and hearing, authorize the use of vacuum pumps if the applicant can show that use of the vacuum will not create waste or infringe on correlative rights.

History

• Former Rule 305. Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-140 Pollution, Surface Damage, and Noise Abatement

A. An operator of a well, production facility, gasoline plant, gas plant, or pipeline shall conduct operations in a manner that prevents surface or subsurface pollution.

B. An operator shall conduct operations in a manner that prevents oil, gas, salt water, fracturing fluid or any other substance from polluting any surface or subsurface waters.

C. During swabbing and bailing operations or when purging a well, all substances removed from the bore hole shall be placed in a pit or tank and shall not be allowed to pollute any surface or subsurface waters.

D. An operator shall maintain all wellhead connections, surface equipment, lease flow lines, and tank batteries at all times to prevent the escape of oil, gas, produced water, or any other substance.

E. An operator shall report any fire, leak, or blowout to the Commission in accordance with R12-7-120. An operator shall ensure that any pit is constructed and operated in accordance with R12-7-108.

F. An operator shall minimize noise when conducting air drilling operations or when the well is allowed to produce while drilling. An operator shall ensure that the welfare of the operating personnel and the public is not negatively affected by the noise created by the expanding gases.

History

• Former Rule 306. Amended effective February 23, 1993 (Supp. 93-1). Amended by final rulemaking at 8 A.A.R. 3363, effective July 15, 2002 (Supp. 02-3).

Ariz. Admin. Code § R12-7-141 Renumbered

History

• Former Rule 307; Language transferred and amended, see Section R12-7-176 (Supp. 82-5).

Ariz. Admin. Code § R12-7-142 Measurement of Oil

Oil or condensate shall not be transported from a lease until it has been measured. Each transporter shall file a monthly report of the amount of oil or condensate transported from the lease as required by R12-7-185.

History

• Former Rule 308; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-143 Oil Tanks, Fire Walls, and Fire Hazards

A. Oil shall not be stored or retained in an earthen reservoir or an open receptacle. The Commission may require dikes or fire walls to protect life, health, or property. All dikes or fire walls shall be erected and continuously maintained around all permanent oil tanks or batteries that are within the corporate limits of any city, town or village, or where such tanks are closer than 150 feet to any highway or inhabited dwelling, or closer than 1,000 feet to any school or church. The capacity of the dike or firewall shall be 1 1/2 times the capacity of the tank or tanks that it surrounds. The reservoir so formed within the dike shall be kept free from vegetation, water and oil.

B. Anything that might constitute a fire hazard, including potentially flammable items and reckless behavior such as smoking, shall be moved at least 150 feet from the well, tanks, separator, or other equipment.

History

• Former Rule 309. Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-144 Reserved

Ariz. Admin. Code § R12-7-145 Reserved

Ariz. Admin. Code § R12-7-146 Reserved

Ariz. Admin. Code § R12-7-147 Reserved

Ariz. Admin. Code § R12-7-148 Reserved

Ariz. Admin. Code § R12-7-149 Reserved

Ariz. Admin. Code § R12-7-150 Capacity Tests of Gas Wells and Geothermal Wells

A. The operator of a producing gas well shall determine its open-flow capacity within 30 days following completion. Additional tests shall be taken as requested by the Commission. When a pipeline connection is available, gas wells shall not be tested by open-flow method, but the open-flow capacity shall be determined by the multipoint or single-point back-pressure test method.

B. The Commission may require tests to determine the quantity and quality of geothermal resources or reservoir energy.

C. The results of the tests required in this Section shall be reported in writing to the Commission within 15 days after the completion of the test.

History

• Former Rule 401; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-151 Measurement of Gas from Gas Wells and Geothermal Resources

A. All gas produced for whatever purpose in gaseous form from gas wells shall be accounted for by metering as approved by the Commission. If the gas is sold, the purchaser shall report the volume purchased as required by R12-7-186. If the gas is delivered to a transportation facility, the transporter shall report the volume transported as required by R12-7-185. The operator shall report the volume produced as required by R12-7-161.

B. Each operator of a geothermal lease shall measure the quantity and quality of all production in accordance with the standard practices, procedures, and specifications generally used in the industry. The operator shall report the production as required in R12-7-161 and the purchaser shall file a report as required in R12-7-186.

History

• Former Rule 402; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-152 Utilization of Gas

A. No gas from any completed gas well shall be:

1. Permitted to escape into the air except for testing when no pipeline connection is available.

2. Used expansively in engines or pumps and then vented, or

3. Used to gas-lift in oil wells unless all gas produced from such gas-lift operations is processed in a gasoline plant, and the residue gas is used in the manufacture of carbon black or for some other profitable use.

B. Utilization of gas in the manufacture of carbon black may be made only if approved by the Commission, after notice and hearing, based on a finding that a more profitable use is not available or will not be available in a reasonable time.

History

• Former Rule 403. Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-153 Non-hydrocarbon Gas

The rules of this Chapter shall also apply to helium, carbon dioxide, and any other non-hydrocarbon gas.

History

• Former Rule 404. Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-154 Reserved

Ariz. Admin. Code § R12-7-155 Reserved

Ariz. Admin. Code § R12-7-156 Reserved

Ariz. Admin. Code § R12-7-157 Reserved

Ariz. Admin. Code § R12-7-158 Reserved

Ariz. Admin. Code § R12-7-159 Reserved

Ariz. Admin. Code § R12-7-160 Regulation of Production

If the Commission determines that oil, gas, or geothermal resources production in the state is causing waste, the Commission shall limit, allocate, and apportion the total amount of oil, gas, or geothermal resources which may be produced.

History

• Former Rule 501; Amended effective September 29, 1982. See also Section R12-7-170 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-161 Producer's Monthly Report

A. Each operator shall file a producer's monthly report for each producing lease for each calendar month, setting forth the operator's name, each well's lease name or number, well number, state permit number, the actual amounts of oil, gas, water, or geothermal resources produced, the number of days each well produced, and the disposition of the produced oil, gas, water, or geothermal resources. The report shall be filed on or before the 25th day of the next succeeding month.

B. If a well is off production for a period exceeding 30 days, the Commission shall be notified in writing with the reasons given.

History

• Former Rule 502; Amended effective September 29, 1982. See also Section R12-7-171 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-162 Reserved

Ariz. Admin. Code § R12-7-163 Reserved

Ariz. Admin. Code § R12-7-164 Reserved

Ariz. Admin. Code § R12-7-165 Reserved

Ariz. Admin. Code § R12-7-166 Reserved

Ariz. Admin. Code § R12-7-167 Reserved

Ariz. Admin. Code § R12-7-168 Reserved

Ariz. Admin. Code § R12-7-169 Reserved

Ariz. Admin. Code § R12-7-170 Renumbered

History

• Former Rule 601; Language transferred and amended, see Section R12-7-160 (Supp. 82-5).

Ariz. Admin. Code § R12-7-171 Renumbered

History

• Former Rule 602; Language transferred and amended, see Section R12-7-161 (Supp. 82-5).

Ariz. Admin. Code § R12-7-172 Reserved

Ariz. Admin. Code § R12-7-173 Reserved

Ariz. Admin. Code § R12-7-174 Reserved

Ariz. Admin. Code § R12-7-175 Injection Wells Including Enhanced Recovery, Disposal, and Storage Wells

A. The following injection wells used for enhanced recovery, disposal, or storage shall require a permit from the Commission:

1. Class II injection wells

a. Saltwater disposal wells: wells used to return salt water associated with oil and gas production to the subsurface.

b. Enhanced oil recovery wells: wells used to inject salt water, gases, enhanced waters, and steam in order to maintain and extend oil production;

c. Hydrocarbon storage wells: wells used for the underground storage of crude oil, liquified petroleum gas (LPG), and other liquid hydrocarbon products in naturally occurring rock formations.

2. Other injection wells

a. Geothermal injection wells: Class V wells used to reinject groundwater or geothermal fluids that are used in or are associated with the production of geothermal energy;

b. Other wells: wells used for the underground storage of any hydrocarbons or nonhydrocarbons that are gaseous at standard temperature and pressure, wells used to dissolve salt to create a cavity to be used for underground storage, and wells used to dispose of brine produced in the course of creating a solution-mined salt cavity.

B. In addition to being subject to the applicable provisions of this Chapter, the wells listed in subsection (A) shall be subject to the following specific regulation:

1. Injection wells listed in subsections (A)(1)(a) and (b) and (A)(2)(a) shall be regulated by R12-7-176, R12-7-178, and R12-7-179.

2. Injection wells listed in subsections (A)(1)(c) and (A)(2)(b) shall be regulated by R12-7-176, R12-7-178, R12-7-179, R12-7-180, R12-7-181, and R12-7-182.

C. No permits for injection wells other than those described in this Section shall be issued by the Commission.

History

• Adopted effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-176 Permits for Injection Wells

A. The injection of any substance into any geologic formation is prohibited unless 1st authorized by the Commission after notice and hearing. The Commission shall give at least 15 days' notice before a hearing is held for drilling a new injection well or for converting an existing well into an injection well. A permit shall not be required for routine well operations pursuant to R12-7-122(C) whose physical effects are confined to the area near the well bore.

B. The application for a permit for an injection well as defined in R12-7-175 shall be prepared in accordance with R12-7-104, shall meet all the applicable requirements of this Chapter, and shall contain the following requirements, where applicable:

1. A plat showing the location of each proposed injection well and the location and status of all wells, including drilling wells and dry holes, within 1/2 mile of the proposed well. The plat shall include the lease boundary lines, the names of the surface and subsurface lessees and owners within 1/2 mile of the injection well or wells, and the name of each offset operator.

2. A geologic study, including:

a. A contour map drawn on a geologic marker at or near the top of each injection zone in the project area;

b. A thickness map of each injection zone in the project area;

c. A geologic cross-section drawn through the site of an injection well in the project area showing structural details, any wells that may be affected by the project, and the location of the base of any freshwater strata, defined as water having 10,000 ppm or less of total dissolved solids, or a statement that no fresh water exists; and

d. A representative electric log to a depth below the deepest producing zone identifying all geologic units including the injection and confining zones, freshwater aquifers, and oil, gas, or geothermal zones.

3. An engineering study, including:

a. A statement of the primary purpose of the project;

b. The characteristics of the injection and confining zones including porosity, permeability, thickness, areal extent, fracture gradient, original and present temperature and pressure, and residual oil, gas, and water saturations;

c. The reservoir fluid data for each injection zone including oil gravity and viscosity, water quality, and specific gravity of gas;

d. A description of each injection well's casing, or the proposed casing and cementing program, and the proposed method of testing the casing before use of the injection well. The casing shall be designed and tested in accordance with R12-7-181(C) with respect to the injection zone;

e. A diagram of the proposed wellhead;

f. A casing diagram, including cement plugs, and the actual or calculated cement fill behind the casing of all wells within the area affected by the project, including abandoned wells, showing that they will not cause damage to life, health, property, or natural resources;

g. The well stimulation program if stimulation is planned; and

h. The planned well-drilling and abandonment program to complete the project, including a flood-pattern map showing all injection, production, and abandoned wells, and unit boundaries.

4. An injection plan, including:

a. A diagram and plan of the injection facilities;

b. The maximum surface injection pressure expected during the life of the project and the estimated daily rate of fluid injection, by well. The operator shall provide calculations showing that the maximum injection pressure will not initiate fractures in the confining zone;

c. A description of the area affected by the volumetric method and by the pressure-buildup method and the radius affected during the life of the project;

d. The monitoring system or method to be used to ensure that no damage is occurring and that the injection fluid is confined to the permitted injection zone and to the area controlled by the operator;

e. The method of injection such as casing, tubing, tubing with packer, between strings;

f. The protective methods to be used on each injection line and well and a contingency plan for well failure or a shut-in period, including a plan for disposition of fluids not injected as a consequence of well failure;

g. The source and chemical analysis of the injection fluid, and chemical analysis of the water in the injection zone. If the water in the injection zone has 10,000 ppm or less of total dissolved solids, the applicant shall provide evidence of commercial oil or gas producibility of the zone by means of historical production in the field or by log information, core data, and values for the porosity and permeability of the zone; and

h. The location and depth of each water-source well that will be used in conjunction with the project.

5. Proof of notification to neighboring operators and surface owners within 1/2 mile of the proposed well.

6. Supplementary data as required in R12-7-180 for storage-well projects.

7. Any additional information that the Commission may determine is necessary to adequately clarify the information submitted pursuant to R12-7-176(B)(1) through (B)(6).

8. All maps, diagrams, and exhibits required in this subsection shall be clearly labeled as to scale and purpose and shall clearly identify wells, boundaries, zones, contacts, and other relevant data.

C. Permits may be issued for a period up to the operating life of the well with review once every 5 years. Permits may be modified or terminated during their term if the Commission determines that the operator is not in compliance with the requirements of this Chapter.

History

• Former Rule 701; Amended effective September 29, 1982. See also Section R12-7-141 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-177 [REPEALED]

History

• Former Rule 702; Amended effective September 29, 1982 (Supp. 82-5). Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-178 Notice of Commencement, Discontinuance, and Transfer of Injection Operations

The following provisions apply to all injection projects defined in R12-7-175:

1. The operator shall notify the Commission of the date that injection operations will begin.

2. The operator shall notify the Commission of the date that injection operations will cease and provide the reasons for discontinuing the injection operations.

a. The temporary abandonment of any injection well shall be in accordance with R12-7-125. Temporarily abandoned injection wells shall meet the testing requirements of R12-7-179(D).

b. All injection wells shall be plugged and abandoned, in accordance with R12-7-126 and R12-7-127.

3. An injection well shall not be transferred from 1 operator to another without the written approval of the Commission.

a. The operator shall file the request for transfer of ownership of an injection well in triplicate with the Commission at least 45 days before the proposed transfer date. The request shall include the name, address, and telephone number of the proposed new operator and provide the location and status of each well involved.

b. The proposed new operator shall file with the Commission an organization report as required in R12-7-194 and bond as required in R12-7-103 before the request for transfer will be considered.

c. The Commission shall return 1 copy of the request for transfer to the operator and 1 to the proposed new operator within 30 days after receipt of the information required in subsections (3)(a) and (b), designating approval or denial of the transfer of authority to inject for the subject well.

i. If the proposed transfer is approved, a copy of the order authorizing injection shall be attached to the approved request for transfer.

ii. If the proposed transfer is denied, the Commission shall return 1 copy of the request to the operator and 1 copy to the proposed operator together with the reasons for the denial and the steps necessary for its approval.

History

• Former Rule 703; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-2).

Ariz. Admin. Code § R12-7-179 Testing and Monitoring of Injection Wells

A. The operator of an injection well shall file a weekly sundry report with the Commission on all drilling, completion, recompletion, and workover operations.

B. The operator of an injection well shall monitor operations to ensure that injection pressure at the wellhead does not exceed the maximum pressure authorized in the permit, and that no injection shall cause movement of injection or formation fluids into an underground source of drinking water.

C. The operator shall keep accurate records of the amount of oil, gas, water, or geothermal resources produced, the volume of substances injected, the average and maximum pressure used for injection, and the nature of the injected fluid. The operator of an enhanced recovery or disposal well shall submit a report as required in R12-7-187. The operator of a storage well shall submit a report as required in R12-7-185.

D. The operator shall run the following pressure or monitoring tests on new injection wells to establish the mechanical integrity of the tubing, casing, and packer. Existing wells being converted to an injection well shall be tested in the same manner and shall maintain the same mechanical integrity as a new well.

The casing-tubing annulus above the packer shall be tested upon completion and at least once every 5 years, under the supervision of the Commission, at a pressure equal to the lesser of the maximum authorized injection pressure or 1,000 psi, provided that no testing pressure shall be less than 300 psi. Documentation of the test shall be submitted to the Commission. Test pressures shall be applied for a period of 30 minutes. If a drop of more than 10% of the test pressure should occur, corrective measures shall be applied. If the tubing, casing, or packer cannot be brought up to standard, the well shall be plugged and abandoned in accordance with R12-7-126 and R12-7-127.

2. The Commission may require the operator to run a tracer survey, a temperature log, or a noise log to demonstrate the absence of fluid movement in vertical channels adjacent to the injection well.

E. Mechanical failure or downhole problems which indicate an injection well is not, or may not be, directing the injected fluid into the permitted injection zone may be cause to shut in the well. The operator shall notify the Commission within 24 hours of any such failure or problem. A written notice shall be filed within 5 days of the occurrence, with a plan for testing and repairing the well. If the well cannot be brought up to the standard required in subsection (D), it shall be plugged and abandoned in accordance with R12-7-126 and R12-7-127.

History

• Former Rule 704; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-180 Supplementary Requirements for Storage Wells

The application for a storage well as defined in R12-7-175(B)(2) shall be prepared in accordance with R12-7-176 and shall contain the following, where applicable:

1. Information on any oil or gas production within 5 miles of each proposed well;

2. Information on the oil and gas reserves of each storage zone before starting injection, including calculations;

3. A comprehensive plan for disposition of brine and salt produced in the course of creating a solution-mined salt cavity. Cavities shall be designed and constructed in accordance with R12-7-181;

a. Surface disposition shall be subject to the rules of the Department of Water Resources and the Department of Environmental Quality;

b. Saltwater disposal wells shall be permitted in accordance with R12-7-176;

c. Surface brine reservoirs used in the operation of the storage system and disposal reservoirs shall be designed to prevent the contamination of air, fresh water, and soil;

4. A list of proposed surface and subsurface safety devices, tests, and precautions to be taken to ensure safety of the project. The operator shall install a flare or other safety system acceptable to the Commission at or near each brine pit or any other location where escape of gases is likely to occur.

History

• Former Rule 705; Amended effective September 29, 1982 (Supp. 82-5). Amended effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-181 Design and Construction of Storage Wells and Cavities

A. Before drilling a storage well for storing liquid or gaseous hydrocarbons, or any other substances under the jurisdiction of the Commission, in an underground cavity, the applicant shall demonstrate to the Commission that the proposed storage will preserve the structural integrity of the host rock, including halite, and the overlying sediments. The evidence presented shall include:

1. An investigation to determine the feasibility of a storage system at the particular site; and

2. An assessment of the stability of each proposed cavity design, particularly with regard to the size, shape and depth of the storage cavity, the amount of separation between storage cavities, and the amount of separation between the storage cavity and the periphery of the host rock.

B. The design of a solution-mined storage system shall be based on site-specific geologic and engineering parameters including type of storage use, location of each cavity, number of cavities, cavity capacity, and maximum development diameter of each cavity. The design shall ensure that project development can be conducted in a reasonable, prudent, and systematic manner and shall stress physical and environmental safety and the prevention of waste. The design and solution mining shall be continually reviewed throughout the construction phase to account for any new subsurface information and shall include provisions for protection from damage caused by hydraulic shock. The original development and operational plans shall be modified, as necessary, to conform with good engineering practice. The design shall incorporate the standards outlined below:

1. The minimum separation between the nearest outer walls of adjacent storage cavities as measured in any direction shall be established considering:

a. The properties of the host rock;

b. The elevation of the top and bottom of the adjacent cavities;

c. Their maximum development diameter relative to the spacing of the cavities; and

d. Other considerations deemed appropriate for the specific site; however, in no case shall such separation at any time during the storage project be less than 200 feet.

2. The walls of a storage cavity shall be no less than 200 feet from the boundary of the lands included in the storage project on which the chambers are located.

3. If the design involves the intentional subsurface connection between 2 adjacent storage cavities under 1 property (that is, a "U"-tube storage-cavity system), the minimum separation between cavities specified in subsection (B)(1)(d) shall not apply.

C. The borehole shall be dually cased from the surface into the cavity in accordance with R12-7-110 and R12-7-111. At least 2 strings of casing shall be fully cemented from the surface into the host rock either during the primary cement job or by remedial action. The Commission may administratively grant an exception to the requirement for 2 strings of cemented casing if the applicant can show that the exception is reasonable, justified by site-specific geologic or engineering parameters, is no less stringent, and consistent with the intent of these rules regarding physical and environmental safety, conservation of the resource, and the prevention of waste.

1. The final cemented casing string shall have tensile and collapse strengths, as approved by the Commission, for the setting depth and shall be set a minimum of 200 feet into the formation to be used for the storage cavity.

2. The casing seat of the final cemented casing string shall be pressure-tested after drilling at least 10 feet into the formation below the casing seat. The test pressure calculated at the casing seat shall equal the proposed maximum operating pressure at that point and shall not exceed 0.9 psi per foot of depth.

3. After the wellhead has been installed and before products are stored, the system shall be pressure-tested as a unit.

4. All tests required in this subsection shall meet the integrity standards set in R12-7-179(D).

D. Storage facilities in existence prior to June 1, 1978, shall not be required to meet the planning and construction requirements of subsections (B) and (C), except for future expansions or additions.

History

• Adopted effective August 31, 1978 (Supp. 78-4). Amended effective September 29, 1982 (Supp. 82-5). Amended (and subsections (A)(1)(h) through (m) moved to Section R12-7-182) effective January 2, 1996 (Supp. 96-1)

Ariz. Admin. Code § R12-7-182 Operation, Inspection, and Closure of Storage-well Systems

A. The maximum and minimum operating pressures of a storage system shall be determined in consideration of the lithologic characteristics of the host rock. The maximum operating pressure at the shallower of the casing seat or cavity ceiling shall not exceed 0.9 psi per foot of depth.

1. The storage system shall not be subjected to pressures exceeding the maximum operating pressure even for short periods of time, including pressure pulsation peaks and abnormal operating conditions.

2. The wellhead, flowlines, valves, and all related connections shall have a test pressure rating equivalent to 125% of the maximum pressure which could be exerted at the surface. All valves shall be periodically inspected and maintained in good working order.

3. The wellhead and storage system shall be protected with safety devices to prevent pressures exceeding the maximum operating pressure from being exerted on the storage system and to prevent backflow of stored products in the event of flowline rupture.

4. Personnel shall be at either the well or other control sites for the well during injection or withdrawal from any storage well.

B. The flare, as required in R12-7-180(4), shall be burned continuously when a liquified gas or other flammable substance is being injected into a cavern.

C. Each operator of a storage well shall conduct semiannual safety inspections of the operator's facility and file with the Commission a written report on the inspection procedures and results within 5 days following the inspection. The operator shall notify the Commission at least 5 days before an inspection to allow a representative of the Commission to witness the inspection. Inspections shall include, the following:

1. Operation of all manual valves;

2. Operation of all automatic shut-in safety valves, including sounding or alarm devices;

3. Examination of flare system or other safety system installation;

4. Examination of earthen brine pits, tanks, firewalls, and related equipment;

5. Examination of flowlines, manifolds, and related equipment;

6. Examination of warning signs and safety fences;

7. Examination of housekeeping practices including the removal of weeds, used equipment, and debris from the area of operations;

8. The Commission may require additional inspections at any time during regular working hours and upon reasonable notice to the operator.

D. A capacity determination for each storage cavity shall be made and filed with the Commission upon completion of the storage cavity. These determinations shall be verified at least once every 5 years.

E. Safety precaution signs shall be displayed and unauthorized personnel kept out of the storage area. Each storage wellhead shall be visibly marked in accordance with R12-7-106(D). Guard rails shall be installed where the Commission determines it is necessary to ensure safety.

F. Storage wells shall be plugged and abandoned in accordance with R12-7-126 and R12-7-127.

G. If the Commission determines that the continued operation of a storage well or associated facilities, including valves, brine tanks or pits, flares, dehydrators, and loading and docking facilities, would cause unsafe operating conditions, waste, pollution, or contamination of air, fresh water, or soil, or encroachment on adjacent property, the Commission shall order discontinuance of operations of the storage facility or any part thereof until the Commission determines that the project can and will be conducted in a physically and environmentally safe manner.

H. The operator shall notify the Commission within 24 hours of every accident or equipment malfunction which causes loss of life or requires hospitalization of personnel; threatens the public health and safety; pollutes the air, soil, or fresh water; or causes loss of the stored substance. A final written report shall be filed with the Commission in accordance with R12-7-120(B).

I. The Commission may administratively grant exceptions to the guidelines and requirements of this Section if the applicant can show that the exception is reasonable, justified by site-specific geologic or engineering parameters, are no less stringent, and consistent with the intent of these rules regarding physical and environmental safety, conservation of the resource, and the prevention of waste. An applicant may request a hearing pursuant to A.R.S. § 27-517.

History

• Adopted by moving subsections (A)(1)(h) through (m) of R12-7-181 and amending the text effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-183 Certificate of Compliance and Authorization to Transport

A. Each producer or operator of any well shall execute under oath and file with the Commission an operator's certificate of compliance and authorization to transport oil, gas, or geothermal resources from lease provided by the Commission for each well.

B. The certificate, when properly executed and approved by the Commission, shall constitute authorization to the pipeline or other transporter to transport oil, gas or geothermal resources from the developed unit named. The Commission may provide written permission for the transportation of production in order to prevent waste, pending execution and approval of the certificate.

C. The certificate shall remain in full force and effect until:

1. The operating ownership of the developed unit changes, or

2. The transporter changes, or

3. The certificate is cancelled by the Commission.

D. When a change occurs in operating ownership of any developed unit, or when a change occurs in the transporter from any developed unit, the operator shall file a new certificate with the Commission within 10 days of the change. With respect to a temporary change in transporter which involves less than the production of one month, the producer may, in lieu of filing a new certificate, notify the Commission and the transporter in writing of the estimated amount of oil, gas, or geothermal resources to be moved by the temporary transporter, and the name of the temporary transporter. The operator shall furnish a copy of the notice to the temporary transporter.

E. The temporary transporter shall not move any greater quantity of oil, gas, or geothermal resources than the estimated amount shown in the notice.

F. Time-frames

1. The Commission shall mail to the producer or operator, within 10 days of receipt of the certificate required in subsection (A), written notice of administrative completeness or a detailed list of deficiencies. Within 10 days of receipt of an administratively complete certificate, the Commission shall approve the certificate or provide a written explanation in compliance with A.R.S. § 41-1076 to the producer or operator if the certificate is not approved. The overall time-frame is 20 days.

2. For the purpose of this subsection, intermediate Saturdays, Sundays, and legal holidays are not included in the time-frame computation.

History

• Former Rule 801; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1). Amended effective June 6, 1997 (Supp. 97-2).

Ariz. Admin. Code § R12-7-184 Recovered Load Oil

Recovered load oil may be run from a lease on which it is recovered only upon approval by the Commission of a certificate for load oil credit and permit to transport recovered load oil showing the source and amount of the load oil. Upon approval, the Commission shall forward one copy to the designated transporter as authority to transport the oil. This rule applies only to oil obtained from a source other than the lease on which it is used.

History

• Former Rule 802; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-185 Transporter's and Storer's Monthly Report

A. Each transporter of oil and condensate shall furnish for each calendar month a report containing information and data respecting stocks of oil and condensate on hand and all movements within the state of oil and condensate by pipeline, trucks, or other conveyances except railroad, from leases to storers or refiners; movements between transporters within the state; movements between storers within the state; movements between refiners within the state; and movements between storers and refiners within the state.

B. Each storer of oil and condensate shall furnish for each calendar month a report containing information and data respecting the storage of oil and condensate within the state.

C. Each storer of natural gas, liquified petroleum gas, or other hydrocarbon or nonhydrocarbon gases in storage wells shall furnish for each calendar month a report containing information and data respecting the storage, including receipts and deliveries, of such products within the state.

D. Transporters and storers shall file reports required in this Section with the Commission on or before the 25th day of the next succeeding month.

History

• Former Rule 803; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-186 Gas or Geothermal Purchaser's Monthly Report

A. Each purchaser or taker of gas in gaseous form or geothermal resources from any well, lease, pool or proration unit shall file for each calendar month a report detailing acquisition and disposition of all gas in gaseous form or geothermal resources purchased or taken during that month.

B. Purchasers and takers shall file reports required in this Section with the Commission on or before the 25th day of the next succeeding month.

History

• Former Rule 804; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-187 Injection Project Report

A. Each operator of an injection project shall furnish for each injection well for each calendar month a report of injection project containing information and data including the lease and well number, the well's state permit number, average injection pressure during the month, amount of fluid in barrels injected during the month, the total amount of fluid injected to date, the source of the injected fluid, and the number of days the injection well was operated during the month.

B. Operators of injection projects shall file reports required in this Section with the Commission on or before the 25th day of the next succeeding month.

History

• Adopted effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-188 Refinery Reports

A. Each refiner of oil or condensate shall furnish for each calendar month a refinery monthly report containing information and data respecting oil, condensate and products involved in the refiner's operations during each month.

B. Refiners shall file reports required in this Section with the Commission on or before the 25th day of the next succeeding month.

History

• Former Rule 901; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-189 [REPEALED]

History

• Former Rule 902; Amended effective September 29, 1982 (Supp. 82-5). Repealed effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-190 Gasoline Plant Reports

A. Each operator of a gasoline plant, cycling plant, or any other plant at which gasoline, butane, propane, condensate, kerosene, oil or other liquid products are extracted from gas shall furnish for each calendar month a gasoline plant or pressure maintenance plant monthly report containing information and data respecting gas and products involved in the operation of each plant during each month.

B. Operators shall file reports required by this Section with the Commission on or before the 25th day of the next succeeding month.

History

• Former Rule 903; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-191 Reserved

Ariz. Admin. Code § R12-7-192 Books and Records to Substantiate Reports

A. Each operator, producer, transporter, storer, refiner, processor, gasoline or extraction or geothermal generating plant operator, and initial purchaser of oil, gas, or geothermal resources shall make and keep books and records covering operations in Arizona, from which are made and which will substantiate all reports required by the Commission.

B. Books and records required in this Section shall be available for inspection by the Commission for at least a six-year period.

History

• Former Rule 1001; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-193 [REPEALED]

History

• Former Rule 1002. Amended effective February 23, 1993 (Supp. 93-1). Repealed effective September 22, 1993 (Supp. 93-3).

Ariz. Admin. Code § R12-7-194 Organization Reports

A. Before any person shall engage in any activity covered by this Chapter, that person shall file with the Commission an organization report that includes a statement under oath giving the following information:

1. The name under which the business is being operated or conducted;

2. The name and post office address of the person and the business or businesses engaged in;

3. The plan or organization, and, if a reorganization, the name and address of the previous organization;

4. The state where incorporated, if a foreign corporation, and the name and post office address of the Arizona agent, together with the date of permit to do business in Arizona; and

5. The names and addresses of the principal officers or partners and the names and addresses of the directors.

B. When a change occurs, as to facts stated in the report filed, a new organization report shall be filed with the Commission within ten days of the change.

History

• Former Rule 1003. Amended effective February 23, 1993 (Supp. 93-1).

Ariz. Admin. Code § R12-7-195 [REPEALED]

History

• Former Rule 1004; Amended effective September 29, 1982 (Supp. 82-5). Amended effective February 23, 1993 (Supp. 93-1). Repealed effective September 22, 1993 (Supp. 93-3).

Article 2 [REPEALED]

Ariz. Admin. Code § R12-7-201 [REPEALED]

History

• Former A. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-202 [REPEALED]

History

• Former B. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-203 [REPEALED]

History

• Former Rule G-101. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-204 [REPEALED]

History

• Former Rule G-102. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-205 [REPEALED]

History

• Former Rule G-103. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-206 [REPEALED]

History

• Former Rule G-104. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-207 [REPEALED]

History

• Former Rule G-105. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-208 [REPEALED]

History

• Former Rule G-106. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-209 [REPEALED]

History

• Former Rule G-107. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-210 [REPEALED]

History

• Former Rule G-108. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-211 [REPEALED]

History

• Former Rule G-109. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-212 [REPEALED]

History

• Former Rule G-110. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-213 [REPEALED]

History

• Former Rule G-111. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-214 [REPEALED]

History

• Former Rule G-112. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-215 [REPEALED]

History

• Former Rule G-113. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-216 [REPEALED]

History

• Former Rule G-114. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-217 [REPEALED]

History

• Former Rule G-115. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-218 [REPEALED]

History

• Former Rule G-116. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-219 [REPEALED]

History

• Former Rule G-117. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-220 [REPEALED]

History

• Former Rule G-118. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-221 [REPEALED]

History

• Former Rule G-119. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-222 Reserved

Ariz. Admin. Code § R12-7-223 Reserved

Ariz. Admin. Code § R12-7-224 Reserved

Ariz. Admin. Code § R12-7-225 Reserved

Ariz. Admin. Code § R12-7-226 Reserved

Ariz. Admin. Code § R12-7-227 Reserved

Ariz. Admin. Code § R12-7-228 Reserved

Ariz. Admin. Code § R12-7-229 Reserved

Ariz. Admin. Code § R12-7-230 Reserved

Ariz. Admin. Code § R12-7-231 [REPEALED]

History

• Former Rule G-201. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-232 [REPEALED]

History

• Former Rule G-202. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-233 [REPEALED]

History

• Former Rule G-203. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-234 [REPEALED]

History

• Former Rule G-204. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-235 Reserved

Ariz. Admin. Code § R12-7-236 Reserved

Ariz. Admin. Code § R12-7-237 Reserved

Ariz. Admin. Code § R12-7-238 Reserved

Ariz. Admin. Code § R12-7-239 Reserved

Ariz. Admin. Code § R12-7-240 Reserved

Ariz. Admin. Code § R12-7-241 [REPEALED]

History

• Former Rule G-301. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-242 [REPEALED]

History

• Former Rule G-302. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-243 [REPEALED]

History

• Former Rule G-303. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-244 [REPEALED]

History

• Former Rule G-304. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-245 [REPEALED]

History

• Former Rule G-305. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-246 [REPEALED]

History

• Former Rule G-306. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-247 Reserved

Ariz. Admin. Code § R12-7-248 Reserved

Ariz. Admin. Code § R12-7-249 Reserved

Ariz. Admin. Code § R12-7-250 Reserved

Ariz. Admin. Code § R12-7-251 [REPEALED]

History

• Former Rule G-401. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-252 [REPEALED]

History

• Former Rule G-402. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-253 Reserved

Ariz. Admin. Code § R12-7-254 Reserved

Ariz. Admin. Code § R12-7-255 Reserved

Ariz. Admin. Code § R12-7-256 Reserved

Ariz. Admin. Code § R12-7-257 Reserved

Ariz. Admin. Code § R12-7-258 Reserved

Ariz. Admin. Code § R12-7-259 Reserved

Ariz. Admin. Code § R12-7-260 Reserved

Ariz. Admin. Code § R12-7-261 [REPEALED]

History

• Former Rule G-501. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-262 [REPEALED]

History

• Former Rule G-502. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-263 [REPEALED]

History

• Former Rule G-503. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-264 [REPEALED]

History

• Former Rule G-504. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-265 Reserved

Ariz. Admin. Code § R12-7-266 Reserved

Ariz. Admin. Code § R12-7-267 Reserved

Ariz. Admin. Code § R12-7-268 Reserved

Ariz. Admin. Code § R12-7-269 Reserved

Ariz. Admin. Code § R12-7-270 Reserved

Ariz. Admin. Code § R12-7-271 [REPEALED]

History

• Former Rule G-601. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-272 [REPEALED]

History

• Former Rule G-602. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-273 Reserved

Ariz. Admin. Code § R12-7-274 Reserved

Ariz. Admin. Code § R12-7-275 Reserved

Ariz. Admin. Code § R12-7-276 Reserved

Ariz. Admin. Code § R12-7-277 Reserved

Ariz. Admin. Code § R12-7-278 Reserved

Ariz. Admin. Code § R12-7-279 Reserved

Ariz. Admin. Code § R12-7-280 Reserved

Ariz. Admin. Code § R12-7-281 [REPEALED]

History

• Former Rule G-701. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-282 Reserved

Ariz. Admin. Code § R12-7-283 Reserved

Ariz. Admin. Code § R12-7-284 Reserved

Ariz. Admin. Code § R12-7-285 Reserved

Ariz. Admin. Code § R12-7-286 Reserved

Ariz. Admin. Code § R12-7-287 Reserved

Ariz. Admin. Code § R12-7-288 Reserved

Ariz. Admin. Code § R12-7-289 Reserved

Ariz. Admin. Code § R12-7-290 Reserved

Ariz. Admin. Code § R12-7-291 [REPEALED]

History

• Former Rule G-801. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-292 [REPEALED]

History

• Former Rule G-802. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-293 [REPEALED]

History

• Former Rule G-803. Repealed effective January 2, 1996 (Supp. 96-1).

Ariz. Admin. Code § R12-7-294 [REPEALED]

History

• Former Rule G-804. Repealed effective January 2, 1996 (Supp. 96-1).

Chapter 8 ARIZONA STATE PARKS BOARD

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R12-8-101 Definitions

In this Chapter:

"Board" means the Arizona State Parks Board.

"Cabana site" means a camping unit with a shelter and electricity available.

"Camp or camping" means overnight use of a camping unit.

"Camping unit" means a defined space within an area designated for overnight use in a state park.

"Commercial activity" means soliciting funds, offering to sell a good or service, advertising, receiving money or another thing of value in exchange for a good, service, or activity, or conducting a business or a portion of a business, whether for profit or on behalf of a non-profit entity, on property managed by the Board. Commercial activity does not include distributing written material that describes how to make a donation at a location that is not on property managed by the Board.

"Concession" means a contract issued by the Board for the use of land managed by the Board to provide goods, services, or facilities to the public.

"Day-use area" means a space within a state park that is closed to camping but open to the public during established hours.

"Director" means the Executive Director of the Board or a representative of the Executive Director.

"Disorderly conduct" has the same meaning as prescribed in A.R.S. § 13-2904.

"Fee area" means a space in a state park for which a fee is charged to use, occupy, or enter.

"Hook-up site" means a camping unit with a connection for water, sewer, or electricity.

"Interpretive program" means a scheduled program conducted by an employee or volunteer of the Board at a state park, to inform, educate, or interpret resources for the public.

"Park Officer" means an employee of the Board who is appointed under A.R.S. § 41-511.09 as a park ranger law enforcement officer with the authority and power of a peace officer.

"Park Ranger" means an employee of the Board responsible for protecting and preserving the property at a state park and providing information services to park visitors.

"Person" means an individual, corporation, firm, partnership, club, or association.

"Service animal" has the same meaning as prescribed in A.R.S. § 11-1024.

"Special use" means the following categories of use of property managed by the Board:

Private special event: A non-public use that requires exclusion of the general public;

Public special event: A commercial activity that is not conducted under a concession or commercial rental or retail permit;

Festival special event: An exhibition, performance, or competition, whether for profit or non-profit, that is open to the public and for which a special entrance fee is charged; and

Commercial photography use: Taking photographs for any medium or making a motion picture or video.

"State-park annual pass" means a document authorizing the holder to enter, remain in, and use state parks multiple times during one year, subject to some restrictions.

"State Park System" or "state park" means the lands, waters, monuments, historical sites, state recreation areas, and any other areas managed by the Board.

"Wildlife" has the same meaning as prescribed in A.R.S. § 17-101.

History

• Former Rule 1; Former Section R12-8-01 repealed, new Section R12-8-01 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-02 renumbered and amended as Section R12-8-101 effective November 1, 1981 (Supp. 81-5). Amended effective March 7, 1991 (Supp. 91-1). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-102 Permission to Enter or Remain in a State Park

A. A person who enters, remains in, or uses a state park shall comply with state law, including this Chapter.

B. A person who violates state law, including this Chapter, while in a state park shall leave the state park upon order of a Park Ranger or Park Officer.

C. A person who leaves a state park under subsection (B) shall not reenter the state park for at least 72 hours.

History

• Former Rule 2; Former Section R12-8-02 repealed, new Section R12-8-02 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-01 renumbered and amended as Section R12-8-102 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-103 Vandalism

Within a state park, a person shall not deface, injure, destroy, remove, or use, without authority, any:

1. Public facility or property;

2. Wildlife, plant, or animal; or

3. Archaeological, geological, or historical object.

History

• Former Rule 3; Former Section R12-8-03 repealed, new Section R12-8-03 adopted effective January 28, 1976 (Supp. 76-1). Former Sections R12-8-03 and R12-8-06 renumbered and amended as Section R12-8-103 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-104 Hours of Use; Closure

A. Camping areas are open to public use at all hours. Historic sites are open to the public from 8:00 a.m. to 5:00 p.m. Day use areas are governed by R12-8-105.

B. Day-use areas are open to the public during the hours posted.

C. The Director may temporarily restrict the hours of public use or close all or a portion of a state park in the interest of public safety or to protect the property.

D. The Director may modify the hours of use on a temporary basis to accommodate unusual or seasonal circumstances. The Director shall post any exception to usual hours of public use at the entrance to the state park.

History

• Former Rule 4; Former Section R12-8-04 repealed, new Section R12-8-04 adopted effective January 28, 1976 (Supp. 76-1). Former Sections R12-8-04 and R12-8-05 renumbered and amended as Section R12-8-104 effective November 1, 1981 (Supp. 81-5). Amended subsections (A) and (C) effective July 12, 1984 (Supp. 84-4). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-105 [REPEALED]

History

• Former Rule 5; Former Section R12-8-05 repealed, new Section R12-8-05 adopted effective January 28, 1976 (Supp. 76-1). Amended effective June 29, 1979 (Supp. 79-3). Former Section R12-8-05 renumbered and amended as Section R12-8-105 effective November 1, 1981 (Supp. 81-5). Amended effective March 23, 1990 (Supp. 90-1). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Section repealed by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-106 Limited Services on Christmas

State park facilities are not staffed on Christmas except in an emergency. On Christmas, caves, museums, contact stations, and visitor centers are closed. Other state park areas are open for public use as posted.

History

• Former Rule 6; Former Section R12-8-06 repealed, new Section R12-8-06 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-05 renumbered and amended as Section R12-8-106 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-107 Litter and Waste

A. Within a state park, a person shall not leave or discard trash, garbage, or human or animal waste unless the person:

1. Confines the trash, garbage, or human or animal waste in a sanitary manner; and

2. Deposits the trash, garbage, or human or animal waste in a facility specifically designated to receive it.

B. Within a state park, a person shall not deposit trash, garbage, or human or animal waste collected from a private residence, business, or other place outside the state park.

History

• Former Rule 7; Former Section R12-8-07 repealed, new Section R12-8-07 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-14 renumbered and amended as Section R12-8-107 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-108 Payment of Fees

A. Before entering, remaining in, or using a fee area, a person shall:

1. Pay the required fee,

2. Purchase a current state-park annual pass, or

3. Obtain permission from the Director.

B. A fee paid under subsection (A)(1) to enter, remain in, or use one state park does not authorize entering, remaining in, or using another state park.

History

• Former Rule 8; Former Section R12-8-08 repealed, new Section R12-8-08 adopted effective February 1, 1976 (Supp. 76-1). Amended effective June 30, 1978 (Supp. 78-3). Former Section R12-8-07 renumbered and amended as Section R12-8-108 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).
• Editor's Note: The Arizona State Parks Board amended this Section effective March 2, 1998, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means this Section was not submitted to the Office of the Secretary of State for publication as a proposed rule in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor's Regulatory Review Council (Supp. 98-1). Editor's Note: The Arizona State Parks Board amended this Section effective January 1, 1998, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means this Section was not submitted to the Office of the Secretary of State for publication as a proposed rule in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor's Regulatory Review Council (Supp. 97-4). Editor's Note: The Arizona State Parks Board repealed the old Section text as specified in the following Editor's Note, effective January 12, 1996, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means that this Section was not submitted to the Office of the Secretary of State for publication as a proposed rule in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor's Regulatory Review Council (Supp. 96-1). Editor's Note: The Arizona State Parks Board adopted a new R12-8-109 under an exemption from the provisions of the Arizona Administrative Procedure Act but did not repeal the old rule. Therefore the text of both the old Section and the new Section appear here, with the old Section appearing first and the new Section appearing second. The agency will repeal the old text in January 1996. Editor's Note: The following Section was amended under an exemption from the provisions of the Arizona Administrative Procedure Act. Exemption from this Act means that this Section was not reviewed by the Governor's Regulatory Review Council or the Attorney General; notice of this rule was not submitted to the Office of the Secretary of State for publication in the Arizona Administrative Register; and no public comment period or public hearings were required to be held on this rule. The following Section was adopted under an exemption from the provisions of the Arizona Administrative Procedure Act.

Ariz. Admin. Code § R12-8-109 Fees and Permits

A. Annual fee review. The Board shall annually review and set fees for entrance, camping, and overnight parking at a state park. The Board shall base the fees upon an analysis of the following criteria:

1. Fee and permit charges of state park agencies in the 11 western states,

2. Fee and permit charges of entities with similar facilities within Arizona,

3. Operational and developmental costs of the Board,

4. Public demand for services, and

5. Public-use impacts upon park resources.

B. The Board shall ensure that fees for entrance, camping, and overnight parking are posted at each state park and printed in state-park literature intended for public information.

C. Fee schedule. Entrance, camping, and overnight parking fees for each state park are listed in Exhibit A.

D. Special use fees. The Director shall negotiate a fee for a special use if the Director determines that a fee greater than the fee listed in Exhibit A is justified based upon analysis of the following criteria:

1. Board expenses resulting from the special use,

2. Loss of revenue resulting from the special use,

3. Impacts upon park resources and visitors as a result of the special use, and

4. The goodwill produced for sponsors of the special use.

E. Interpretive program fees. The Director may establish a special fee for or waive the usual state park entrance fee during an interpretive program. The Director shall determine whether to assess a special fee or waive the usual state park entrance fee for an interpretive program using the criteria specified in subsection (D). If the Director establishes a special fee for an interpretive program, the Director shall ensure that the special fee is posted and printed in state-park literature in advance of the interpretive program.

F. Commercial permit. A person that intends to enter a state park to conduct any portion of a business that is not covered by a concession or special use permit shall obtain either a commercial retail or commercial rental permit from the Board before entering the state park. A commercial permit authorizes one commercial vehicle carrying no more than four individuals to enter the state park for which the commercial permit is issued.

History

• Former Rule 9; Former Section R12-8-09 repealed, new Section R12-8-09 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-08 renumbered and amended as Section R12-8-109, subsections (A), (B) and (D), effective November 1, 1981, subsection (C) effective January 1, 1982 (Supp. 81-5). Amended by adding subsection (E) effective July 12, 1984 (Supp. 84-4). Amended subsections (B) and (D) and added subsection (F) effective January 1, 1985 (Supp. 84-6). Amended effective April 22, 1988 (Supp. 88-2). Repealed due to legislative exemption which was amended into the Arizona Administrative Procedure Act. New Section adopted effective January 1, 1994, under an exemption from the provisions of the Arizona Administrative Procedure Act; filed in the Office of the Secretary of State December 28, 1993 (Supp. 93-4). Amended effective January 1, 1995, under an exemption from A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 41-1005(A)(21); filed in the Office of the Secretary of State December 23, 1994 (Supp. 95-3). New Section adopted effective January 1, 1996, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-1005(A)(21); filed in the Office of the Secretary of State December 22, 1995 (Supp. 95-4). Text of Section in effect before January 1, 1996, repealed effective January 11, 1996, pursuant to an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-1005(A)(21) (Supp. 96-1). Amended effective January 1, 1997, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-511.05(8); filed in the Office of the Secretary of State December 9, 1996 (Supp. 96-4). Amended effective January 1, 1998, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-511.05(8); filed in the Office of the Secretary of State December 11, 1997 (Supp. 97-4). Amended effective March 2, 1998, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-511.05(8); filed in the Office of the Secretary of State February 13, 1998 (Supp. 98-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).
• Editor's Note: The Arizona State Parks Board amended this Section effective January 1, 1998, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means this Section was not submitted to the Office of the Secretary of State for publication as a proposed rule in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor's Regulatory Review Council (Supp. 97-4). Editor's Note: The Arizona State Parks Board repealed the old Section text as specified in the following Editor's Note, effective January 12, 1996, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means that this Section was not submitted to the Office of the Secretary of State for publication as a proposed rule in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor's Regulatory Review Council. (Supp. 96-1). Editor's Note: The Arizona State Parks Board adopted a new R12-8-109 under an exemption from the provisions of the Arizona Administrative Procedure Act but did not repeal the old rule. Therefore the text of both the old Section and the new Section appear here, with the old Section appearing first and the new Section appearing second. The agency will be repealing the old text soon. The following Section was adopted under an exemption from the provisions of the Arizona Administrative Procedure Act. Exemption from this Act means that this Section was not reviewed by the Governor's Regulatory Review Council; notice of this rule was not submitted to the Office of the Secretary of State for publication in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the Attorney General has not certified this rule.

Ariz. Admin. Code § R12-8-110 Fee Waivers

A. The Director may waive the entrance fee listed in Exhibit A for the following groups. If the Director does not waive the entrance fee, members of the group shall pay the entrance fee listed in Exhibit A:

1. A preschool or K-12 school group and accompanying chaperons;

2. A group of professional individuals participating in a parks and recreation, historic, or interpretive seminar or conference tour; and

3. A group of disabled individuals affiliated with an organization or agency established to care for, rehabilitate, train, or serve the disabled individuals. For the purpose of this subsection, disabled means blind or visually impaired, deaf or hard of hearing, mobility impaired, or developmentally impaired.

B. An individual who serves as a volunteer and has a signed volunteer agreement with the Board is exempt from entrance fees listed in Exhibit A.

C. The Director may modify any fee prescribed under R12-8-109 to grant a discount or promotional rate.

History

• Adopted effective July 12, 1984 (Supp. 84-4). Repealed due to legislative exemption which was amended into the Arizona Administrative Procedure Act. New Section adopted effective January 1, 1994, under an exemption from the provisions of the Arizona Administrative Procedure Act; filed in the Office of the Secretary of State December 28, 1993 (Supp. 93-4).Adopted effective January 1, 1996, under an exemption from the provisions of the Arizona Administrative Procedure Act; filed in the Office of the Secretary of State December 22, 1995 (Supp. 95-4). Text of Section in effect before January 1, 1996, repealed effective January 11, 1996, pursuant to an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-1005(A)(21) (Supp. 96-1). Amended effective January 1, 1998, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-511.05(8); filed in the Office of the Secretary of State December 11, 1997 (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-111 Camping

A. Camping is permitted only in a designated camping unit.

B. Except when camping at a Board-approved concession area within a state park, a person using a camping unit shall not:

1. Camp in a state park for more than 15 days within a 30-day period unless authorized by the Director;

2. Camp in a state park for more than 29 days within a 45-day period that is posted as a long-term stay period unless authorized by the Director;

Leave an occupied camping unit unattended overnight without written permission from the Director; or

4. Allow the number of persons occupying a camping unit or the number of vehicles in the camping unit to exceed the limits posted at the entrance to the state park or camping unit.

C. A camping unit is considered occupied after the use fee is paid and the camper establishes a conspicuous presence. A person shall not occupy a camping unit in violation of instructions from the Director or if there is reason to believe that the camping unit is occupied by another camper.

D. A Park Ranger shall allow the occupants of a single vehicle to register for more than one camping unit only if the number of occupants exceeds the posted occupancy limit for the camping unit.

E. A person shall pay the fee for a permit to use a camping unit on a per-day basis. Payment authorizes use of the camping unit until 2:00 p.m. on the day the permit expires.

F. A person shall remove all personal property from a camping unit by 2:00 p.m. on the day that a permit expires or purchase an additional permit if eligible under subsection (B).

History

• Former Rule 11; Former Section R12-8-11 repealed, new Section R12-8-11 adopted effective January 28, 1976 (Supp. 76-1). Former Sections R12-8-09 and R12-8-10 renumbered and amended as Section R12-8-111 effective November 1, 1981 (Supp. 81-5). Amended subsection (A), Paragraph (1) effective November 27, 1987 (Supp. 87-4). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-112 Campfires

A. A person shall ignite an outdoor fire only in a camping unit or day-use area specifically designated for an outdoor fire.

B. A person who ignites an outdoor fire shall ensure that the fire is confined to a grill, fire ring, or other facility provided by the state park.

C. A person shall not ignite or maintain a fire when a high wind is blowing or when open burning is prohibited by order of the Director.

D. A person who ignites an outdoor fire shall ensure that the fire is attended and controlled at all times.

History

• Former Rule 12; Former Section R12-8-12 repealed, new Section R12-8-12 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-11 renumbered and amended as Section R12-8-112 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-113 Vehicles, Speed Limits, and Parking

A. The operator of a motor vehicle within a state park shall drive the motor vehicle only on a maintained roadway, parking area, or other area designated by signs for motor vehicle use.

B. The operator of a motor vehicle within a state park shall comply with all state law regarding operation of a motor vehicle and shall not drive the motor vehicle at a speed greater than is reasonable and prudent under the circumstances and conditions or in excess of a posted limit.

C. The operator of a motor vehicle within a state park shall not park or leave the motor vehicle unattended except in a designated parking area or parking zone. The Director may remove an unattended motor vehicle that is illegally parked or left standing upon a roadway or in a park area in a manner that may obstruct traffic or impair normal activities of the state park.

History

• Former Rule 29; Former Section R12-8-13 repealed, new Section R12-8-13 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-12 renumbered and amended as Section R12-8-113 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-114 Watercraft; Launching and Mooring

A person shall not moor or launch a watercraft from a shore within a state park if the Director has determined that it is in the best interest of the state park to prohibit mooring or launching of watercraft and has posted notice of the prohibition at the shore.

History

• Former Rule 14; Former Section R12-8-14 repealed, new Section R12-8-14 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-13 renumbered and amended as Section R12-8-114 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-115 Pets

A. Except as provided in subsection (B), a person shall keep a dog, cat, or other pet on a leash that does not exceed six feet or otherwise restrain the animal while in a state park.

B. The restraint requirement in subsection (A) does not apply to a dog in an area open to hunting or field trials if the dog is participating in these activities.

C. A person shall not take a pet into a state park building, cabana site, developed beach, or other area that the Director has determined is environmentally or ecologically sensitive. This restriction does not apply to a service animal.

History

• Former Rule 15; Former Section R12-8-15 repealed, new Section R12-8-15 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-15 renumbered and amended as Section R12-8-115 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-116 Glass Containers

A person shall not possess a glass or ceramic container in a state park area that is designated as a public beach or swimming area, or posted "No Glass Containers."

History

• Adopted effective January 3, 1989 (Supp. 89-1). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-117 Reserved

Ariz. Admin. Code § R12-8-118 Reserved

Ariz. Admin. Code § R12-8-119 Weapons

A. The following definitions apply to this Section:

"Improved recreation area" means a camping unit, roadway, amphitheater, boat launching ramp, developed picnic area, developed swimming beach, and any other area within a state park that is designated by the Director and reserved for an assembly or other temporary gathering of persons.

2. "Prohibited weapon" means a firearm as defined by A.R.S. § 13-3101, including a BB or pellet gun, bow, or slingshot.

B. A peace officer or private security guard employed by the holder of a park concession is authorized to carry a firearm in a state park if:

1. The peace officer is certified under state law, or

The holder of the park concession complies with A.R.S. § 32-2606(3) regarding private security guards.

C. Unless authorized under subsection (B), a person shall not enter or remain in an improved recreation area while carrying a prohibited weapon after a reasonable request from a park ranger to remove it. A request to remove a prohibited weapon is reasonable if a park ranger believes that the person carrying the prohibited weapon poses a danger or threat to others lawfully present. If, after a reasonable request is made, a person carrying a prohibited weapon within an improved recreation area chooses to remain in the improved recreation area, the person shall place the weapon in the custody of a park ranger until the person leaves the improved recreation area.

D. A firearm may be transported or stored in a vehicle on any state park area as allowed by A.R.S. § 13-3102(F).

E. A hunter who holds a current license issued by the Arizona Game and Fish Department may carry a lawful hunting weapon in any state park area designated for hunting and may carry the hunting weapon through the state park to reach the state park area designated for hunting.

History

• Adopted effective July 12, 1984 (Supp. 84-4). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-120 Fireworks and Explosives

A person shall not discharge fireworks or any other explosive device within a state park without first obtaining from the Director a special use permit that authorizes the discharge of fireworks or any other explosive device.

History

• Former Rule 20. Former Section R12-8-20 repealed, new Section R12-8-20 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-20 renumbered and amended as Section R12-8-120 adopted effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-121 Reserved

Ariz. Admin. Code § R12-8-122 Commercial Use of a State Park

A. A person shall not engage in a commercial activity within a state park unless the commercial activity is authorized by:

A special use permit issued under R12-8-125,

2. A concession, or

3. A commercial rental or retail permit.

B. Subsection (A) does not apply to an individual who enters a state park in a commercially marked vehicle if the individual intends to, provide service to the holder of a special use permit, concession, or commercial rental or retail permit, or respond to an emergency.

History

• Former Rule 22. Former Section R12-8-22 repealed, new Section R12-8-22 adopted effective January 28, 1976 (Supp. 76-1). Former Sections R12-8-22 and R12-8-23 renumbered and amended as Section R12-8-122 effective November 1, 1981 (Supp. 81-5). Amended subsection (A) effective July 12, 1984 (Supp. 84-4). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-123 Reserved

Ariz. Admin. Code § R12-8-124 Disorderly Conduct

A. A person shall not engage in disorderly conduct within a state park.

B. Within a state park, a person shall not knowingly disturb the peace of an area or another person, make unreasonable noise, engage in violent behavior, use provocative language or gestures, or recklessly handle, display, or discharge a deadly weapon or dangerous instrument.

C. A person shall not use a loudspeaker in a state park without first obtaining from the Director a special use permit that authorizes the use of a loudspeaker.

History

• Former Rule 24. Former Section R12-8-24 repealed, new Section R12-8-24 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-24 renumbered and amended as Section R12-8-124 effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-125 Special Use Permits

A. Special use permit required. Within a state park, a person shall obtain a special use permit from the Board before:

1. Engaging in an activity that is prohibited by this Chapter without a permit;

2. Excluding the general public from an area or facility within the state park;

3. Engaging in a commercial activity not covered by a concession or commercial rental or retail permit;

4. Engaging in a spectator event designed to attract a large crowd;

5. Engaging in an activity that requires a permit from another entity such as the Coast Guard, Arizona Game and Fish Department, or a city, county, or municipality;

6. Engaging in an activity that requires a reservation outside an area designated for use by reservation; or

7. Using a state park area for a purpose different from that for which the area is designated.

B. General terms and conditions. The Board shall issue a special use permit only subject to the following general terms and conditions:

1. An application for the special use permit is submitted less than one year before the planned special use;

2. The special use permit may be revoked if the Board determines that the permit holder fails to comply with state park statutes, this Chapter, and all Board policies that are terms of the special use permit;

3. The special use permit does not conflict with a concession without written approval from the concession holder;

4. The special use permit is issued to the first person that applies for a special use permit for a particular day at a particular location;

5. The special use permit is issued only after the applicant complies with any indemnity and insurance requirements that the Board determines are necessary to protect the state;

6. The special use permit is issued only after the applicant pays required fees or obtains a fee waiver under R12-8-110;

7. The special use does not conflict with the Board's management goals for the state park; and

8. The special use does not create a safety hazard to participants, spectators, or the general public.

C. Private special event. The Board shall issue a special use permit for a private special event only subject to the following specific terms and conditions:

1. The person requesting a special use permit for a private special event requests the special use permit for no more than seven consecutive days of use and no more than 14 days of use in a calendar year;

2. The private special event does not significantly interfere with the public's use of the state park; and

3. The person holding a special use permit for a private special event does not engage in commercial activity within a state park.

D. Public special event. The Board shall issue a special use permit for a public special event only subject to the following specific terms and conditions:

1. The person requesting a special use permit for a public special event requests the special use permit for no more than four consecutive days of use in a calendar quarter and no more than 16 days of use in a calendar year at a particular state park; and

2. No more than two special use permits for a public special event are issued per day per state park.

E. Festival special event. The Board shall issue a special use permit for a festival special event only subject to the following specific terms and conditions:

The person requesting a special use permit for a festival special event requests the special use permit at least 120 days before the festival special event if no more than 1,500 people are expected to attend each day of the festival special event or at least 180 days before the festival special event if more than 1,500 people are expected to attend each day;

2. The person requesting a special use permit for a festival special event requests no more than seven consecutive days of use and no more than 14 days of use in a calendar year at a particular state park;

3. No more than one special use permit for a festival special event is issued per day per state park;

4. The person requesting a special use permit for a festival special event provides to the Board a detailed plan regarding security, sanitary facilities, medical services, parking, food and drink facilities, booths, and sponsorships at least 90 days before the festival special event; and

5. The person requesting a special use permit for a festival special event obtains all permits required by other entities such as a city, county, municipality, or agency and submits a copy of all permits to the Board at least 30 days before the festival special event.

F. Commercial photography special use. The Board shall issue a special use permit for commercial photography only subject to the following specific terms and conditions:

1. The person requesting a special use permit for commercial photography requests the special use permit at least 30 days before the commercial photography event;

2. The person requesting a special use permit for commercial photography requests no more than seven consecutive days of use and no more than 14 days of use in a calendar year at a particular state park; and

3. The person holding a commercial photography special use permit does not engage in commercial activity within a state park.

History

• Former Rule 25; Former Section R12-8-25 repealed, new Section R12-8-25 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-25 renumbered and amended as Section R12-8-125 effective November 1, 1981 (Supp. 81-5). Amended subsections (A) and (C) effective November 27, 1987 (Supp. 87-4). Amended effective January 1, 1997, under an exemption from A.R.S. Title 41, Chapter 6; filed in the Office of the Secretary of State December 9, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-126 Violation; Classification

Under A.R.S. § 41-511.13, an individual who violates a provision of this Chapter commits a class 2 misdemeanor.

History

• Adopted effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Article 2 OPERATION OF THE BOARD

Ariz. Admin. Code § R12-8-201 Meetings

A. There shall be a minimum of one meeting of the Arizona State Parks Board during each calendar year quarter.

B. The time and place of a meeting shall be designated seven days before the meeting date by either:

1. The Chairman verbally informing the Director or,

2. Any four members informing the Director in writing, except that in the case of an emergency, the Director may be verbally informed.

C. The Director, upon being informed of the time and place of a meeting shall:

1. Inform each member of the time and place of the meeting at least five days before the meeting date.

2. Prepare a written agenda consisting of the time and place of the meeting and an outline of the business to be considered. The agenda shall be verbally accepted by the Chairman or the members who set the meeting before it is distributed.

3. Transmit the agenda to each Board Member and post the agenda in the administrative headquarters of the Board and at the headquarters area of each operational State Park at least two days before the meeting date.

4. Prepare explanatory material concerning the business contained on the agenda and transmit the material to each Board Member.

D. In the case of an emergency, the time requirements of subsections (B) and (C) above may be adjusted to the circumstances.

History

• Adopted effective August 8, 1977 (Supp. 77-4). Former Section R12-8-50 renumbered as Section R12-8-201 without change effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-202 Organization of the Board

A. Selection of Officers

1. At the first meeting following January 1 of each year, the members present shall select by majority vote a Chairman and a Vice Chairman to serve through the first meeting following January 1 of the year following.

2. If a vacancy in either the Chairman or Vice Chairman office of the Board occurs, the members present at the first meeting following the occurrence of the vacancy shall select a member by majority vote to fill the unexpired term of the officer.

3. If the Chairman and Vice Chairman are absent from a meeting of the Board held in accordance with these rules, a Presiding Officer shall be selected by majority vote of the members present.

B. Duties of the officers are as follows:

1. The Chairman shall preside over all meetings and functions of the Board.

2. The Vice Chairman shall take over the duties of the Chairman if the Chairman is absent.

3. The Presiding Officer shall take over the duties as Chairman if the Chairman and Vice Chairman are absent.

History

• Adopted effective August 8, 1977 (Supp. 77-4). Former Section R12-8-51 renumbered as Section R12-8-202 without change effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-203 Committees

A. There shall be no standing committees.

B. Special committees may be appointed by the Chairman to make reports to the Board concerning matters of interest to the Board.

History

• Adopted effective August 8, 1977 (Supp. 77-4). Former Section R12-8-52 renumbered as Section R12-8-203 without change effective November 1, 1981 (Supp. 81-5).

Ariz. Admin. Code § R12-8-204 Procedures at Meetings

A. All actions of the Board shall be by majority vote of the membership present.

B. Board meetings shall be conducted under Roberts Rules of Order.

History

• Adopted effective August 8, 1977 (Supp. 77-4). Former Section R12-8-53 renumbered as Section R12-8-204 without change effective November 1, 1981 (Supp. 81-5). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-205 [REPEALED]

History

• Adopted effective June 29, 1979 (Supp. 79-3). Former Section R12-8-54 renumbered as Section R12-8-205 without change effective November 1, 1981 (Supp. 81-5). Section repealed by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-206 [REPEALED]

History

• Adopted effective August 26, 1983 (Supp. 83-4).

Ariz. Admin. Code § R12-8-207 Expired

History

• Adopted effective July 12, 1984 (Supp. 84-4). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 736, effective 2/11/2025.

Article 3 STATE HISTORIC PRESERVATION OFFICE PROGRAMS

Ariz. Admin. Code § R12-8-301 Definitions

In this Article, unless the context otherwise requires:

1. "State Historic Preservation Officer" or "Officer" means an employee of the Board who has professional competence and expertise in the field of historic preservation and administers the State Historic Preservation Program.

2. "Arizona Register of Historic Places," "Arizona Register," or "Register" means the state's list of Arizona's historic properties worthy of preservation that serves as an official record of Arizona's historic districts, sites, buildings, structures, and objects of national, state, or local significance in the fields of history, architecture, archaeology, engineering, or culture. Properties listed on or eligible for the Arizona Register of Historic Places may also be eligible for listing on the National Register of Historic Places.

3. "National Register of Historic Places" means the official national list of historic districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, or culture.

4. "Historic Sites Review Committee" or "HSRC" means a standing committee of the Arizona Historical Advisory Commission, which is appointed by the State Historic Preservation Officer under A.R.S. § 41-1352 to review nominations of properties for listing on the National or Arizona Register of Historic Places.

5. "Historic property" means a building, site, district, object, or structure evaluated by the HSRC as historically significant.

6. "State Historic Preservation Office" or "SHPO" means the program staff that work under the supervision of the Officer.

History

• Adopted effective June 30, 1978 (Supp. 78-3). Former Section R12-8-60 renumbered as Section R12-8-301 without change effective November 1, 1981 (Supp. 81-5). Amended effective August 26, 1983 (Supp. 83-4). Former Section R12-8-301 renumbered to R12-8-304; new Section R12-8-301 adopted by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-302 Criteria for Evaluation

A. Before listing a property in the Register, the State Historic Preservation Office (SHPO), with the advice of the HSRC, will apply the following criteria for evaluating the property:

1. The property conveys significance in one or more of the following contexts: national, state or local history, architecture, archaeology, engineering, or culture;

2. The property is classified as one of the following types: district, site, building, structure, or object;

3. The property possesses integrity of location, design, setting, materials, workmanship, feeling, or association; and

4. The property:

a. Is associated with an event that made a significant contribution to the broad pattern of history;

b. Is associated with the life of a historically significant person;

c. Embodies a distinctive characteristic of a type, period, or method of construction, represents the work of a master, possesses high artistic value, or represents a significant and distinguishable entity whose components may lack individual distinction; or

d. Has yielded or is likely to yield important pre-historical or historical information.

B. The SHPO shall not consider eligible for the Register any property that has achieved significance within the past 50 years unless the property is an integral contributing element of a district that meets the criteria in subsection (A) or the property demonstrates exceptional individual importance.

History

• Adopted effective June 30, 1978 (Supp. 78-3). Former Section R12-8-61 renumbered as Section R12-8-302 without change effective November 1, 1981 (Supp. 81-5). Amended effective August 26, 1983 (Supp. 83-4). Former Section R12-8-302 renumbered to R12-8-305; new Section R12-8-302 adopted by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-303 Processes of Registration

A. The State Historic Preservation Officer shall serve as the keeper of the Register.

B. Before listing a property in the Register, the SHPO requires the following:

1. The Historic Property Inventory (HPI) form must be completed by the proponent or owner to determine whether the property is eligible for listing;

2. The Recommendation of Eligibility form must be completed by the SHPO Officer after receiving the HPI;

3. If a property is recommended as eligible, the National Register of Historic Places Registration Form or the National Register of Historic Places Multiple Property Documentation Form must be completed by the owner;

4. The SHPO Officer shall give the owner at least 30 calendar days prior notification of the nomination's review by the HSRC;

5. The SHPO Officer shall forward the National Register Registration Form to the HSRC; and

6. The HSRC shall:

a. Review the Registration Form, documentation, and any comments concerning the property's significance and integrity,

b. Recommend to the SHPO whether the property should be listed in the Arizona Register and forwarded to the keeper of the National Register; and

c. Review a refusal of nomination upon request.

C. The Officer shall determine whether to place the nominated property on the Register in accordance with information provided in subsection (B).

D. If the SHPO refuses to forward a nomination to the HSRC, the property owner may petition the HSRC Chairman in writing to have the nomination reviewed. The petition shall be filed with the Chairman at least 60 calendar days before the next scheduled meeting.

History

• Adopted effective June 30, 1978 (Supp. 78-3). Former Section R12-8-62 renumbered as Section R12-8-303 without change effective November 1, 1981 (Supp. 81-5). Former Section R12-8-303 repealed, former Section R12-8-304 renumbered and amended as Section R12-8-303 effective August 26, 1983 (Supp. 83-4). Former Section R12-8-303 renumbered to R12-8-306; new Section R12-8-303 adopted by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-304 Factors for Determining Certification Eligibility

A. Before the SHPO Officer (Officer) certifies a Historic Property as eligible for a change in property tax classification, the property shall be listed in the National Register of Historic Places:

1. Individually; or

2. As part of a historic district. If within a historic district, the Officer shall determine whether or not the property contributes to the character of the historic district.

B. After the SHPO Officer determines a property is eligible for reclassification, the SHPO shall certify a historic property as Non-Commercial or Commercial, as defined in A.R.S. § 42-12101.

C. The following are exclusions from eligibility:

1. The Officer shall not certify a historic property that includes within its legal description a building, structure, improvement, or land area that does not contribute to the historical character and that can be excluded by modifying the legal description. If the legal description in an application includes an element or area of this nature, the applicant shall modify the legal description upon notification by the Officer in order to be eligible for certification.

2. A Historic Property that does not meet the minimum maintenance standards described in R12-8-306 shall not be certified by the Officer. In addition to other reasons established by law, the Officer may disqualify a property certified as a historic property for property tax purposes if the property owner does not comply with these rules and regulations of the Board designated in this Article.

E. Certification continues through any change of ownership, if the new owner submits required reports and affirms compliance with the program requirements in writing.

F. Historic Property shall not be decertified by the SHPO without proof, by certified mail, return receipt requested, that the current owner on record with the appropriate County Assessor's Office, has received notice in writing.

History

• Adopted effective June 30, 1978 (Supp. 78-3). Former Section R12-8-63 renumbered as Section R12-8-304 without change effective November 1, 1981 (Supp. 81-5). Former Section R12-8-304 renumbered and amended as Section R12-8-303, former Section R12-8-305 renumbered and amended as Section R12-8-304 effective August 26, 1983 (Supp. 83-4). Former Section R12-8-304 renumbered to R12-8-307; new Section R12-8-304 renumbered from R12-8-301 and amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-305 Verification of Eligibility for Property Tax Reclassification

A. A person that seeks to have a property reclassified for property tax purposes as either a Commercial or Non-commercial Historic Property shall submit a verification of eligibility form. The person seeking reclassification may obtain the verification of eligibility form from the SHPO or the Assessor's Office in the county where the property is located and shall submit the completed form to the Assessor's Office in the county where the property is located.

B. A person that seeks to have a property reclassified for property tax purposes as either a Commercial or Non-commercial Historic Property, shall ensure that the verification of eligibility form provides the following information:

Address of the property,

2. Legal description of the property,

Property classification,

4. Name of owner,

5. Historic property name as listed on the National Register of Historic Places,

6. Date of original construction,

7. Description of any exterior changes to the property since the property was listed on the National Register of Historic Places,

8. Photographs of the property that meet the specifications of the Board, and

9. The owner's written consent for the Officer or the Officer's representative to view the property.

C. In addition to complying with subsection (B), a person that seeks to have a property reclassified as a Commercial Historic Property shall submit with the verification of eligibility form rehabilitation construction documents including plans and specifications.

D. Following the assessor's review of the verification of eligibility form and any documents required under subsection (C), the assessor shall submit the verification of eligibility form and documents to the Officer for verification of eligibility for reclassification.

History

• Adopted effective June 30, 1978 (Supp. 78-3). Former Section R12-8-64 renumbered as Section R12-8-305 without change effective November 1, 1981 (Supp. 81-5). Former Section R12-8-305 renumbered and amended as Section R12-8-304 effective August 26, 1983 (Supp. 83-4). New Section R12-8-305 renumbered from R12-8-302 and amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R12-8-306 Minimum Maintenance/restoration Standards

A. The owner of a certified Commercial or Non-Commercial historic property shall maintain the property to preserve the historical integrity of the features, materials, appearance, workmanship, and environment, according to the following standards:

1. Protect the Historic Property against accelerated deterioration due to:

a. Vandalism;

b. Structural failure;

c. Climatic weathering including the affects of water infiltration;

d. Biological affects due to insects, animals, or plants;

e. Fire; or

f. Flooding.

2. Maintain the historic property by:

a. Keeping it secure;

b. Maintaining the windows and doors, or covering them in a manner that does not injure the property's integrity;

c. Maintaining security fencing, if applicable;

d. Maintaining roofs and drainage systems;

e. Minimizing damage from insects, birds, or animals; and

f. Maintaining landscaping to reduce fire potential.

B. The Officer shall decertify any certified Historic Property that is condemned by a local authority.

C. Before implementation of any rehabilitation project, the owner shall submit both a written and graphic proposal (Construction Documents) for the proposed rehabilitation project to the Officer. The Officer has 30 calendar days from receipt of the proposal in which to comment on the appropriateness of the project in relationship to The Secretary of the Interior's Standards for Rehabilitation.

D. The Officer shall review all rehabilitation projects done to ensure that the planned project for rehabilitation of the Historic Property is in accordance with the guidelines established by the U.S. Government, Cyclical Maintenance for Historic Buildings, J. Henry Chambers, AIA, 1976, available from the U.S. Government Printing Office and the U.S. Department of the Interior, the National Park Service publication titled, The Secretary of the Interior's Standards for Historic Preservation Projects, Section III, Guidelines, 1983 and The Secretary of the Interior's Standards for Rehabilitation, National Park Service, 1995 available from the National Park Service Technical Preservation Services Division, the State Historic Preservation Office, or the U.S. Government Printing Office. These three documents are incorporated by reference and on file with the Board and the Office of the Secretary of State. The materials incorporated by reference contain no future editions or amendments.

E. The owner shall submit pictures of rehabilitation projects no later than 30 calendar days after completion of the rehabilitation project that illustrate compliance with the standards established in subsection (D).

F. If a conflict occurs between the requirements of the Officer or the Officer's representative and local building officials or any applicable laws, a meeting of the appropriate representatives shall be called by the owner to discuss the question and reach an equitable solution.

History

• New Section R12-8-306 renumbered from R12-8-303 and amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R12-8-307 Documentation Requirements, Reports, and Inspection

A. The owner of a certified Historic Property shall submit the following information for the requested year's activity to the Officer:

1. Confirmation of current Historic Property ownership,

2. A statement signed by the owner indicating that the Historic Property is operated and maintained in accordance with the laws and rules applicable to the classification of the Historic Property for property tax purposes, and

3. Additional reports and inspections necessary for documentation requirements.

B. The owner of a classified Historic Property shall permit the Officer or representative to inspect the property for compliance with these rules. The Officer shall notify the owner by certified mail at least ten days before the inspection.

History

• New Section R12-8-307 renumbered from R12-8-304 and amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1).

Chapter 14 ARIZONA POWER AUTHORITY

Article 1 GENERAL

Ariz. Admin. Code § R12-14-101 Definitions

In this Chapter, the definitions in A.R.S. Title 30, Chapter 1 and in A.R.S. Title 45, Chapter 10 apply and, unless the context otherwise requires, the following definitions also apply:

1. "Banked energy" means the electric energy held under an agreement for later delivery.

2. "Banking" means an agreement under which an Entity agrees to retain a portion of the Purchaser's electric energy for later delivery.

3. "Capacity" means the electric capability of an Electric Power System.

4. "Conference" means an informal proceeding before the Commission at which formal action will not be taken by the Commission.

5. "District" means any Power or water organization governed by A.R.S. Title 30, Chapter 1 or A.R.S. Title 48.

6. "Electric Power System" means the electric facilities and equipment by which:

a. Power is made available to a Purchaser; and

b. Power is delivered to a Purchaser's customer.

7. "Energy" means electric energy made available to a Purchaser.

8. "Entity" means any District, governmental agency, Operating Unit, or Person.

9. "Exchange" means a transfer of electric Power by a Purchaser to another Purchaser that is obligated to return a similar amount of Power upon terms and conditions and at the time or times approved by the Authority under R12-14-401(K).

10. "Load" means the electric Power required to meet a Purchaser's demand for electric service.

11. "Long-term Power" means any supply of Power that is available to the Authority for a period more than 366 consecutive days and that is subject to the jurisdiction of, and disposition by, the Authority, including any Power recaptured by the Authority and any Power tendered or relinquished by a Purchaser.

12. "Point of Delivery" means the point or points on a transmission system where the Authority makes Power available for delivery to a Purchaser.

13. "Power pooling" means an agreement for aggregating or commingling the Long-term Power supplies of two or more Purchasers.

14. "Power Purchase Certificate" means the certificate required before a Purchaser enters into a Power Sales Contract under A.R.S. § 30-151 et seq.

15. "Power Sales Contract" means a contract under which the Authority sells Long-term Power to a Purchaser.

16. "Preference" means the priority of entitlement to Power according to A.R.S. § 30-125 or A.R.S. § 45-1708.

17. "Purchaser" means any Qualified Entity that contracts to purchase Power from the Authority under A.R.S. Title 30, Chapter 1 or under A.R.S. Title 45, Chapter 10.

18. "Qualified Entity" means any Entity that is eligible to purchase Power from the Authority under A.R.S. Title 30, Chapter 1 or A.R.S. Title 45, Chapter 10.

19. "Recapture" means the recovery or retaking by the Authority from a Purchaser of Long-term Power that exceeds the Purchaser's needs, for reallocation among other Qualified Entities.

20. "Relinquish" means a Purchaser's return of unneeded Power to the Authority.

21. "Secretary" means the person designated by the Commission to act as the official Secretary or as the Assistant Secretary of the Authority.

22. "Service Territory" means the geographic area in which Power is sold or used by a Purchaser and is described in a Power Purchase Certificate or an amendment to a Power Purchase Certificate.

23. "Short-term Power" means any supply of Power made available by or through the Authority for a period of no more than 366 consecutive days.

24. "Tender" means a Purchaser's offer to return unneeded Power to the Authority.

25. "Wheeling" means delivery of Power over the transmission system of another Entity.

History

• Former Rule Article I. Not in original publication, correction, paragraph (5) (Supp. 75-1). Former Section R12-14-01 renumbered as Section R12-14-101 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-102 [REPEALED]

History

• Former Rule Article II. Former Section R12-14-02 renumbered as Section R12-14-102 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4).

Article 2 AVAILABILITY OF LONG-TERM POWER; APPLICATION FOR ELECTRIC SERVICE; POWER PURCHASE CERTIFICATES

Ariz. Admin. Code § R12-14-201 Availability of Long-term Power; Contract Negotiations

A. Except as provided in R12-14-401(B), if the Authority decides that a supply of Long-term Power is available, the Authority shall give public notice that it will receive applications for electric service from prospective Purchasers. The public notice shall include the date, time, and place for the public information Conference at which the Authority shall provide a preliminary proposal for the allocation and marketing of available Long-term Power.

B. The Authority shall give public notice of the date, time, and place for a public comment Conference to be held not more than 60 days after the date of the public information Conference held under subsection (A). An interested party may appear at the public comment Conference and present oral and written comments on the Authority's Long-term Power proposal provided at the public information Conference held under subsection (A).

C. Public notice required by subsections (A) and (B) shall be mailed to:

1. Existing Purchasers;

2. Prospective Purchasers that notify the Authority of their interest in applying for Long-term Power; and

3. Other Qualified Entities on the Authority's mailing list.

D. Public notice required by subsections (A) and (B) shall be published in a newspaper of statewide circulation once each week for two consecutive weeks.

E. A Qualified Entity wanting to enter into a Power Sales Contract shall file an application for electric service under R12-14-202. The application shall be filed on or before the due date specified in the Authority's notice of intent to receive applications for electric service.

F. Not later than 60 days after the due date for filing an application for electric service, the Authority shall notify all interested parties of the names and addresses of the prospective Purchasers that are eligible to enter into a Power Sales Contract. The Authority shall include in the notice a proposed allocation of Long-term Power to the eligible prospective Purchasers.

G. Not later than 90 days after notification of eligibility and of the proposed allocation, the Authority shall present a draft form of contract to each eligible prospective Purchaser and begin contract negotiations.

H. After contract negotiations are completed, the Authority shall prepare Power Sales Contracts and fix a date for contract signing.

I. In allocating Long-term Power, the Authority shall consider:

1. The financial interest and obligation of the Authority; and

2. The needs and interests of the Purchaser, customers of the Purchaser, and prospective Purchasers.

J. Within each class of preference priorities established by A.R.S. § 30-125(A), the Authority shall allocate Long-term Power equitably among Qualified Entities in the same preference class based upon the needs of the Entities and the type of use of Long-term Power.

K. In deciding whether to allocate or reallocate Long-term Power, the Authority shall consider other sources of Power available to the prospective Purchaser from the federal government.

History

• Former Rule Article III. Not in original publication, correction, paragraph (5) (Supp. 75-1). Former Section R12-14-11 renumbered as Section R12-14-201 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-202 Application for Purchase of Electric Service

A. A Qualified Entity that desires to purchase Long-term Power shall file a written application for electric service with the Authority. The application shall include the following:

1. The Entity's proposed use of Long-term Power;

2. The Point or Points of Delivery where the Entity will receive electric service;

3. The annual energy requirement stated in kilowatt-hours, for each Point of Delivery;

4. The maximum capacity requirement stated in kilowatts, for each Point of Delivery during a continuous 12-month period; and

5. A statement of the Entity's kilowatt and kilowatt-hour sales or usage during each of the 24 months immediately preceding the date of the application, divided into reference classifications, such as residential, commercial, irrigation pumping, industrial, public use, or other classification used by the Entity or recognized in the electric utility industry.

B. An application form for electric service is available at the Authority's business office.

C. If the Authority determines that an applicant is eligible to enter into a Power Sales Contract for Long-term Power offered under A.R.S. Title 30, Chapter 1, the applicant, within 30 days after receipt of notice of eligibility, shall file an application for a Power Purchase Certificate under R12-14-203.

D. The holder of an existing Power Purchase Certificate is required to re-apply for a Power Purchase Certificate only if the holder wants to use the Long-term Power acquired under A.R.S. Title 30, Chapter 1, in a Service Territory that differs from the Service Territory described in the holder's existing Power Purchase Certificate.

History

• Former Rule Article IV. Not in original publication, correction, Paragraph (6) (Supp. 75-1). Former Section R12-14-12 renumbered as Section R12-14-202 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-203 Power Purchase Certificates; Application

A. An application for a Power Purchase Certificate, or an application to amend an existing Power Purchase Certificate, shall be dated, signed, and verified by the applicant or the applicant's authorized representative. An original and five copies of the application and any documents, maps, or other written material to which reference is made in the application shall be filed with the Authority.

B. An application form for a Power Purchase Certificate is available at the Authority's business office.

C. The application shall include the information required by A.R.S. § 30-152 and the following:

1. A statement of the nature of the applicant's business, and applicant's legal status (for example, a corporation, a partnership, or other business type);

2. The applicant's mailing address;

3. A detailed description of the proposed Service Territory;

4. The name and mailing address of the principal executive officer or secretary of each Entity engaged in the distribution of Power within the proposed Service Territory or contiguous to the Proposed Service Territory;

5. The estimated amount of Long-term Power for each use proposed by the applicant;

6. Whether the applicant intends to sell Long-term Power on a profit or a non-profit basis;

7. Whether the applicant intends to use Long-term Power for its own use, resell Long-term Power, or use and resell the Long-term Power;

8. A detailed description of the applicant's Electric Power System for the use of Long-term Power;

9. A copy of any agreement under which the applicant intends to use an Electric Power System owned by another Entity;

10. The details of any plan under which the applicant proposes to construct, purchase, lease, or obtain the use of an Electric Power System for sale or distribution of Long-term Power; and

11. An explanation of any arrangements with other Entities for the use of electrical equipment or facilities that the applicant needs in order to use Long-term Power. If any other Entity claims ownership of, or transmission rights on, any electric facilities to be used or if the applicant will duplicate another Entity's electric facilities, the applicant shall disclose that information. If the applicant's arrangements appear to conflict with the rights of another Entity, the applicant may file an affidavit signed by an authorized officer of the affected Entity, describing the affected Entity's agreement to the arrangements for the applicant's use.

D. When the application is filed, the Authority shall immediately set a date for a hearing under A.R.S. § 30-152.

E. A Power Purchase Certificate is in effect only during the time the holder of the Power Purchase Certificate has an existing Power Sales Contract with the Authority.

F. The holder of a Power Sales Contract shall use Power acquired under A.R.S. Title 30, Chapter 1 only in the Service Territory established by the legal description in the Power Purchase Certificate.

G. The holder of a Power Purchase Certificate shall not assign the Power Purchase Certificate without the prior written approval of the Authority.

History

• Adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Article 3 SERVICE TO PURCHASERS

Ariz. Admin. Code § R12-14-301 Authority's Service to Purchasers

A. The Authority shall contract with a Purchaser to deliver Long-term Power only if transmission capability is available to ensure delivery of Long-term Power to the Purchaser at the Point or Points of Delivery to be designated in the Power Sales Contract. The Authority may also contract with a Purchaser to provide opportunities for connection between the Purchaser's Electric Power System and the Electric Power System of other Entities.

B. Before Long-term Power is made available to a Purchaser, the Purchaser shall provide evidence to the Authority that a transmission system is available to enable the Purchaser to take and receive Long-term Power at the locations and voltages designated by the Authority.

C. Unless the Authority agrees to provide facilities or enter into agreements for the transmission of electric Power, the facilities or agreements must be provided by the Purchaser.

D. The Authority may obtain an alternative or an additional source of transmission service to serve the needs of a Purchaser.

E. The Purchaser shall pay any costs or expenses necessary to provide transmission service to the Purchaser.

F. By agreement with one or more Purchasers, the Authority may construct electric lines and related facilities of the voltage and capacity needed to serve the Purchaser. The agreement must assure full payment by the users of the operating costs, depreciation and interest, and any other costs or expenses associated with the project, during a 40-year amortization period or other period established by law or contract. If the Authority constructs the facilities, the Authority shall determine the incremental costs to be paid by the Purchaser or other user benefitting from the facilities constructed by the Authority.

G. With the aid of Purchasers, the Authority shall work to maintain a system of load scheduling and records so that the Authority may reasonably predict:

1. A Purchaser's current and future Power needs;

2. Whether a Purchaser should be allowed or required to relinquish Long-term Power that is surplus to the Purchaser's needs; and

3. Whether a Purchaser will have Long-term Power that is temporarily or permanently surplus to the Purchaser's needs.

H. The Authority shall periodically perform surveys to:

1. Identify sources of Power or transmission service that may be temporarily or permanently available to the Authority;

2. Identify possible markets for available Power resources; and

3. Identify possible markets for recaptured, relinquished, tendered, or temporarily available surplus Long-term Power.

History

• Former Rule Article V. Former Section R12-14-21 renumbered as Section R12-14-301 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-302 Systems and Operation Plans

For the Authority's information and assistance in the administration of its Power Sales Contracts, a Purchaser that does not manage and operate its own Electric Power System shall, at the Authority's request, submit a plan for the use and administration of Long-term Power. The Purchaser shall attach to the plan, maps, specifications, and agreements necessary to disclose the nature and extent of the plan.

History

• Former Rule Article VI. Not in original publication, correction, subsections (C) and (D) (Supp. 75-1). Former Section R12-14-22 renumbered as Section R12-14-302 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-303 [REPEALED]

History

• Former Rule Article VII. Former Section R12-14-23 renumbered as Section R12-14-303 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4).

Article 4 ADMINISTRATION OF POWER

Ariz. Admin. Code § R12-14-401 Sale, Use, Transfer, and Administration of Long-term Power

A. A Purchaser shall not enter into an agreement for power pooling affecting Power under the Authority's jurisdiction without the prior written approval of the Authority. The Authority shall not unreasonably withhold approval.

B. Subject to the terms of a Purchaser's Power Sales Contract, a Purchaser may tender or relinquish surplus Long-term Power to the Authority for resale by the Authority.

C. The Authority shall use its best efforts to sell a Purchaser's tendered or relinquished Long-term Power and shall apply the net proceeds from the sale toward the Purchaser's payment obligations under the Purchaser's Power Sales Contract.

D. Long-term Power tendered or relinquished to the Authority shall be returned to the Purchaser not more than 60 days after the Authority's receipt of the Purchaser's written notice that the Purchaser requires a return of the tendered or relinquished Long-term Power to meet the Purchaser's loads.

E. The tender or relinquishment of Long-term Power shall not relieve the Purchaser of its obligations under its Power Sales Contract. The tender or relinquishment of Long-term Power shall not be deemed to be a recapture by the Authority unless:

1. The tender or relinquishment is for the unexpired term of the Purchaser's Power Sales Contract; and

2. The Authority has contracted to sell the tendered or relinquished Long-term Power to another Qualified Entity under the same terms and conditions as those contained in the Purchaser's Power Sales Contract.

F. Subject to the terms of a Purchaser's Power Sales Contract, if the Long-term Power purchased from the Authority exceeds the Purchaser's electric load for three consecutive contract years, the Authority may recapture the excess Long-term Power as follows:

1. The Authority shall give the Purchaser at least 30 days' written notice of a conference concerning the Authority's consideration of the possible recapture of Long-term Power;

2. The Authority shall determine whether any portion of the Purchaser's Long-term Power allocation can reasonably be expected to exceed the Purchaser's future needs, and the Authority may recapture the excess portion;

3. Subject to Article 6 of this Chapter, any recapture of Long-term Power is effective 60 days after the Purchaser receives a Notice of Recapture from the Authority, or at a later date specified in the Notice of Recapture; and

4. Any recapture of Long-term Power reduces the Purchaser's allocation of Long-term Power by the amount of Long-term Power recaptured by the Authority.

G. A Purchaser shall not transfer or assign a Power Sales Contract or any interest in a Power Sales Contract without prior written approval by the Authority. The transfer or assignment of a Power Sales Contract or any interest in a Power Sales Contract does not relieve the Purchaser from any obligation under the Purchaser's Power Sales Contract.

H. The Authority shall not approve an assignment of a Power Sales Contract, or any interest in a Power Sales Contract that:

1. Conflicts with any provision of law;

2. Conflicts with the Authority's regulations;

Conflicts with any provision of a Purchaser's Power Sales Contract;

4. Disrupts established Power practices, an Electric Power System, or electric facilities;

5. Results in an increased cost of service to other Purchasers; or

6. Confers a preference upon an Entity not entitled to preference.

I. The Authority shall not approve an assignment of a Power Sales Contract or an interest in a Power Sales Contract if the Authority determines that the assignment is discriminatory or that the Long-term Power or rights to Long-term Power should be recaptured by the Authority for reallocation, sale, or other disposition to other Qualified Entities.

J. A Power Sales Contract may restrict or prohibit the wholesale sale or resale of Long-term Power by the Purchaser.

K. The holder of a Power Purchase Certificate shall use Long-term Power only for the purposes and uses for which it is allocated and sold. Long-term Power allocated and sold under A.R.S. Title 30, Chapter 1 shall be used only within the Service Territory established in the Purchaser's Power Purchase Certificate, unless otherwise authorized in writing by the Authority. The Authority may authorize banking of electric energy and exchange of banked energy between Purchasers under terms and conditions approved by the Authority.

History

• Former Rule Article VIII. Not in original publication, correction, subsection (G) (Supp. 75-1). Former Section R12-14-31 renumbered as Section R12-14-401 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-402 Changing Points of Delivery; Switching of Electric Service among Points of Delivery

The Authority may allow a Purchaser to change its electric service from a Point of Delivery to another Point or Points of Delivery. Each Point of Delivery shall be a separate Point of Delivery for the Authority's billing purposes unless a new Point of Delivery replaces an existing Point of Delivery. A Purchaser cannot change or switch its electric service between the Purchaser's Points of Delivery and the Points of Delivery of other Purchasers without the prior written approval of the Authority.

History

• Former Rule Article IX. Former Section R12-14-32 renumbered as Section R12-14-402 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-403 Wheeling and Operating Agreements

A. A Purchaser who wants to enter into an agreement for power pooling or an agreement with another Entity with regard to power operations, transmission, or wheeling involving Long-term Power shall:

1. Petition the Authority for permission to enter into an agreement;

2. State in the petition all relevant facts and the reasons for the proposed agreement; and

3. Give the Authority a copy of any proposed agreement and other information, data, and documents requested by the Authority.

B. A Purchaser shall not enter into an agreement for the transmission or wheeling of Long-term Power over the facilities of another Entity without the prior written approval of the Authority.

C. An operating agreement, transmission agreement, power pooling agreement, or wheeling agreement shall not be approved by the Authority if the agreement:

1. Conflicts with the provisions of any Power Sales Contract;

2. Results in disruption of established electric service, operations, practices, systems, or facilities; or

3. Endangers electric service to other Purchasers, to third parties, or to the general public.

History

• Former Rule Article X. Former Section R12-14-33 renumbered as Section R12-14-403 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-404 Disposition of Short-term Power

The Authority may negotiate and enter into contracts with Qualified Entities for the sale, purchase, exchange, or other disposition of Short-term Power.

History

• Adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-405 Petition for Information, Advice, or Assistance

A. Under A.R.S. § 30-129 and A.R.S. Title 45, Chapter 10, any Entity may petition the Authority for information, advice, or assistance regarding any matter within the jurisdiction of the Authority. The petition shall be in writing and shall include:

1. The names of all interested or affected Entities;

2. The basis for the requested information, advice, or assistance;

3. The location of any Project involved;

4. The action requested of the Commission; and

5. Other information or relevant matter that may assist the Commission in acting upon the petition.

B. The Commission may direct the Authority staff or an Authority consultant to conduct preliminary studies, surveys, or investigations with respect to any requested action.

C. If appropriate, the Commission shall schedule a Conference. The Authority shall notify all interested Entities that they may make an oral or written presentation and file documents, reports, or other material relevant to the requested action.

History

• Adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Article 5 RECORDS

Ariz. Admin. Code § R12-14-501 Purchaser's Records

At the request of the Authority, a Purchaser shall file copies of agreements for the purchase, sale, exchange, transmission, banking, power pooling, or wheeling of Long-term Power between the Purchaser and any Entity other than the Authority, together with all current rate schedules and amendments.

History

• Former Rule Article XI. Former Section R12-14-41 renumbered as Section R12-14-501 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-502 [REPEALED]

History

• Former Rule Article XII. Not in original publication, correction subsections (A) and (B) (Supp. 75-1). Former Section R12-14-42 renumbered as Section R12-14-502 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4).

Article 6 CONFERENCES; APPEAL OF AGENCY ACTION

Ariz. Admin. Code § R12-14-601 Conferences

A. After first giving not less than 10 days' public notice and an opportunity to comment, the Commission may hold a Conference concerning any subject matter within the jurisdiction of the Authority. The Commission shall determine the Conference agenda. A Conference is intended to provide information and receive comments regarding any pending or proposed course of action by the Commission. A formal or binding action shall not be taken by the Commission at a Conference.

B. Except as otherwise provided in these rules, the Commission shall establish the date, time, and place of any Conference and may continue, adjourn, or reschedule any Conference.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article I, adopted effective November 14, 1952, renumbered as Section R12-14-601 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Former Section R12-14-601 repealed; new Section R12-14-601 renumbered from R12-14-607 and amended by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1).

Ariz. Admin. Code § R12-14-602 Repeal

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article II, adopted effective November 14, 1952, renumbered as Section R12-14-602 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1). Repealed by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-603 General

A. This article applies to any Appealable Agency Action arising from a decision or action of the Commission.

B. The Commission shall conduct any administrative hearing, pursuant to the requirements of this article, acting as the Administrative Law Judge pursuant to A.R.S. § 41-1092.01.

C. Because state statutes provide many of the procedural requirements for the conduct of administrative hearings, these rules will cross reference such statutes where appropriate. Copies of the statutes and these rules may be obtained from the Arizona Power Authority at its office at 1810 W. Adams Street, Phoenix, Arizona, during normal business hours.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article III, adopted effective November 14, 1952, renumbered as Section R12-14-603 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section repealed by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-604 Definitions

For purposes of this article, the following definitions apply unless otherwise stated:

1. As used in this article, the terms "Commission" and "Administrative Law Judge" have the same meaning as in the relevant statutes and are used interchangeably.

2. "Appealable Agency Action" means any decision or action by the Commission determining matters related to the allocation of and contracting for power resources and associated services marketed by the Commission.

3. "Arizona Power Authority" or "Authority" means the agency established pursuant to title 30, chapter 1, article 1, Arizona Revised Statutes.

"Commission" means the Arizona Power Authority Commission as established and organized pursuant to title 30, chapter 1, article 1, Arizona Revised Statutes.

5. "Party" has the meaning described in A.R.S. § 41-1001(14).

6. "Person" has the meaning described in A.R.S. § 41-1001(15).

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article IV, adopted effective November 14, 1952, renumbered as Section R12-14-604 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section repealed by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-605 Applicability; Authority

A. These rules apply to any Appealable Agency Action heard by the Commission. Unless otherwise required by law or waived pursuant to subsection (B), all hearings shall be scheduled at the convenience of the Commission and shall be held at the Arizona Power Authority's business office in Phoenix, Arizona. The rules in this article were drafted, proposed, and adopted pursuant to A.R.S. § 41-1003 and A.R.S. § 41-1092.01(F).

B. The Commission may waive the application of any of these rules to further administrative convenience, expedition, and economy:

1. With the consent of the parties to the appeal, or

2. If the waiver does not conflict with law, and does not cause undue prejudice to any party.

C. If a procedure is not provided by statute or these rules, the Commission may issue an order using the Arizona Rules of Civil Procedure or related local court rules for guidance.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article V, adopted effective November 14, 1952, renumbered as Section R12-14-605 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section repealed by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-606 Notice of Appealable Agency Action

A. The Authority shall serve notice of an Appealable Agency Action pursuant to A.R.S. § 41-1092.04. Pursuant to A.R.S. § 41-1092.03, the notice shall:

1. Identify the statute or rule on which the action is based.

2. Include a description of any party's right to file a notice of appeal or to request a hearing on the Appealable Agency Action.

3. Include a description of any party's right to request an informal settlement conference pursuant to A.R.S. § 41-1092.06.

B. Each Appealable Agency Action shall be posted to the Arizona Power Authority website within 48 hours after the action is taken. The posting shall constitute official notice of the action. The Authority additionally may elect to provide any party, and such other interested persons as have officially requested to be included, electronic notice of the posting which may be accompanied by the referenced document. Otherwise, each person or entity which has participated in the process leading to the Appealable Agency Action shall be provided with written notice thereof, with notice at the Person's last address of record within five days of the notice being published on the Arizona Power Authority website.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article VI, adopted effective November 14, 1952, renumbered as Section R12-14-606 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section repealed by final rulemaking at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-607 Request for Hearing; Setting the Hearing

A. A party may initiate an appeal by filing a notice of appeal or request for a hearing with the Arizona Power Authority within 30 days after receiving the notice prescribed in R12-14-606(A). The notice of appeal or request for a hearing may be filed by a party whose legal rights, duties or privileges were determined by the Appealable Agency Action. A notice of appeal or request for a hearing also may be filed by a party who will be adversely affected by the Appealable Agency Action and who exercised any right provided by law to comment on the action being appealed or contested, provided that the grounds for the notice of appeal or request for a hearing are limited to issues raised in that party's comments. The notice of appeal or request for a hearing shall identify the party, the party's address, and the action being appealed and shall contain a concise statement of the reasons for the appeal or request for a hearing. If requested, the Authority shall schedule an appeal hearing pursuant to this section.

B. If good cause is shown, the Commission may accept an appeal or request for a hearing that is not filed in a timely manner.

C. A party filing a notice of appeal or requesting the Commission schedule an administrative hearing shall provide the following information:

1. Caption of the Appealable Agency Action, including the name and address of each party;

2. The date the party appealed the agency action;

3. A concise statement of the reasons for the appeal;

4. Any request to expedite or consolidate the appeal; and

5. If a hearing is requested:

a. the estimated time for the hearing;

b. the proposed hearing dates; and

c. any agreement of the Parties to waive applicable time limits to set the hearing.

D. The date scheduled for the hearing may be advanced or delayed on the agreement of the parties or on a showing of good cause, pursuant to A.R.S. § 41-1092.05.

E. Within 10 days of the Commission's receipt of a request for hearing, the Commission shall provide notice of the date, time, and location of the hearing in the same manner as provided in R12-14-606(B).

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article VII, adopted effective November 14, 1952, renumbered as Section R12-14-607 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section renumbered to R12-14-601 at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1-1). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-608 Summary Dismissal

An appeal to the Commission may be subject to summary dismissal by the Commission for any of the following causes:

1. If a statement of the reasons for the appeal is not included in the notice of appeal and is not filed within the time required;

2. If the notice of appeal or request for hearing is not filed within the time required.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article VIII, adopted effective November 14, 1952, renumbered as Section R12-14-608 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-609 Waiver of Rights

Except to the extent precluded by another provision of law, a Person may waive any right conferred on that person by this article.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article IX, adopted effective November 14, 1952, renumbered as Section R12-14-609 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-610 Intervention; Amicus Curiae

A. A person who wishes to intervene in an appeal must file a motion to intervene. Except for good cause shown, a person must file the motion within 10 days after the Commission issues its notice pursuant to R12-14-607(E).

B. A motion to intervene must set forth the basis for the proposed intervention, including whether the person had a right to appeal the Appealable Agency Action or claims an interest in the subject of the action and the person is so situated that disposition of the action may as a practical matter impair or impede the person's ability to protect that interest, unless the Person's interest is adequately represented by existing parties.

C. The Commission may:

1. Grant the motion to intervene;

2. Deny the motion to intervene for good cause, e.g., where granting it would disadvantage the rights of the existing parties or unduly delay adjudication of the appeal; or

3. Grant the motion to intervene but limit the person's participation in the appeal.

D. A person may file a motion to file a brief as amicus curiae.

1. The motion must state the person's interest in the appeal and how its brief will be relevant to the Appealable Agency Action.

2. The motion must contain a certification that the movant or movant's counsel has read any relevant filed briefs of the parties and that the movant's arguments are not duplicative of those presented by the parties.

3. The Commission may grant or deny the motion in its discretion. The Commission may also allow a Person to file a brief as amicus curiae if it denies the Person's motion to intervene.

E. A person granted full or limited intervener status is a party to the appeal, while an amicus curiae is not. A person granted amicus curiae status shall serve its brief on the parties to the appeal.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article X, adopted effective November 14, 1952, renumbered as Section R12-14-610 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-611 Informal Settlement Conference

A. If requested by any party to an appeal of an Appealable Agency Action, the Commission shall hold an informal settlement conference within 15 days after receiving the request. A request for an informal settlement conference shall be in writing and shall be filed with the Commission no later than twenty days before the hearing. If an informal settlement conference is requested, the party shall notify the Commission of the request and the outcome of the conference. The request for an informal settlement conference does not toll the sixty day period in which the administrative hearing is to be held pursuant to A.R.S. § 41-1092.05.

B. If an informal settlement conference is held, a person designated by the Commission shall represent the Commission at the conference. The Commission representative shall notify the appellant in writing that statements, either written or oral, made by the appellant at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations are inadmissible in any subsequent administrative hearing. By participating in the settlement conference, the party or parties waive their right to object to the participation of the Commission representative in the final administrative decision.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article XI, adopted effective November 14, 1952, renumbered as Section R12-14-611 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-612 Ex Parte Communications

A party shall not communicate, either directly or indirectly, with the Commission or individual Commissioners about any substantive issue in a pending appeal unless:

1. All parties are present;

2. It is during a scheduled proceeding, provided that a party that fails to appear after proper notice waives its right to object to the subjects discussed or any rebuttal of these subjects or

3. It is in writing, including facsimile or other electronic means, with copies to all Parties.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article XII, adopted effective November 14, 1952, renumbered as Section R12-14-612 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-613 Motions

A. Purpose. A party requesting a ruling from the Commission shall file a motion. Motions may be made for rulings such as:

1. Consolidation or severance of issues pursuant to R12-14-616;

2. Continuing or expediting a hearing pursuant to R12-14-617;

3. Vacating a hearing pursuant to R12-14-618;

4. Prehearing conference pursuant to R12-14-619;

5. Quashing a subpoena pursuant to R12-14-620;

6. Telephonic testimony pursuant to R12-14-621; and

7. Reconsideration of a previous order pursuant to R12-14-630 and R12-14-631.

B. Form. Unless made during a prehearing conference or hearing, motions shall be made in writing and shall conform to R12-14-615. All motions, whether written or oral, shall state the factual and legal grounds supporting the motion, and the requested action.

C. Time Limits. Absent good cause, or unless otherwise provided by law or these rules, written motions shall be filed with the Commission at least 10 days before any scheduled hearing. A party demonstrates good cause by showing that the grounds for the motion could not have been known in time, using reasonable diligence and:

1. A ruling on the motion will further administrative convenience, expedition or economy; or

2. A ruling on the motion will avoid undue prejudice to any party.

D. Response to Motion. A party may file a written response stating any objection to the motion within 5 days of service, or as directed by the Commission.

E. Oral Argument. A party may request oral argument when filing a motion or response. The Commission may grant oral argument if it is necessary to develop a complete record.

F. Rulings. Rulings on motions, other than those made during a prehearing conference or the hearing, shall be in writing and served on all parties.

History

• Correction, not in original publication; former Rules of Practice and Procedure, Article XIII, adopted effective November 14, 1952, renumbered as Section R12-14-613 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-614 Computing Time

In computing any time period, the Commission shall exclude the day from which the designated time period begins to run. The Commission shall include the last day of the period unless it falls on a Saturday, Sunday, or legal holiday. When the time period is 10 days or less, the Commission shall exclude Saturdays, Sundays, and legal holidays.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-615 Filing and Service of Documents

A. Docket. The Authority shall open a docket for each Appealable Agency Action upon receipt of a notice of appeal or request for hearing. All documents filed in an Appealable Agency Action with the Authority other than by electronic means shall be date stamped on the day received by the Authority and entered in the docket.

B. Definition. "Documents" include papers such as notices of appeal, requests for hearing, motions, responses, notices, and briefs.

C. Form. A party shall state on the document the name and address of each party served and how service was made pursuant to subsection (E). A document shall contain the Authority's caption and docket number.

D. Signature. A document filed with the Authority shall be signed by the party or the party's attorney. A signature constitutes a certification that the signer has read the document and has a good faith basis for submission of the document, and that it is not filed for the purpose of delay or harassment. Signatures can be either hand-written or electronic.

E. Filing and service. A copy of a document filed with the Authority shall be served on all parties. Filing with the Authority and service shall be completed by personal delivery; first-class, certified or express mail; or facsimile or other electronic means.

F. Date of filing and service. A document is filed with the Authority on the date it is received by the Authority, as established by the Authority's date stamp on the face of the document, the facsimile date or the electronic receipt date. A copy of a document is served on a party as follows:

1. On the date it is personally served;

2. Five days after it is mailed by express or 1st class mail;

3. On the date of the return receipt if it is mailed by certified mail; or

4. On the date indicated on the facsimile transmission or the electronic receipt date.

G. Unless otherwise provided in this article, every notice or decision under this article shall be served by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice on the Commission and every other party to the action to the party's last address of record with the Authority. Each party shall inform the Authority of any change of address within five days of the change. Such service may include delivering the document by electronic means, such as email or facsimile, unless a party has specifically requested not to receive notice or service through electronic means, such as email or facsimile.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-616 Consolidation or Severance of Appeals

A. Standards for consolidation. The Commission may order consolidation of pending appeals, if:

1. There are substantially similar factual or legal issues, or

2. All parties are the same, or

3. If there are different parties, all parties consent to the consolidation.

B. Order. The Commission shall send a written ruling granting or denying consolidation to all parties, identifying the cases, the reasons for the decision, and notification of any consolidated prehearing conference or consolidated hearing. The Commission shall designate the controlling docket number and caption to be used on all future documents.

C. Severance. The Commission may sever consolidated Appealable Agency Actions to further administrative convenience, expedition, and economy, or to avoid undue prejudice. Severance may be ordered upon the Commission's own review, or a party's motion.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-617 Continuing or Expediting a Hearing; Reconvening a Hearing

A. Continuing or expediting a hearing. When ruling on a motion to continue or expedite, the Commission shall consider such factors as:

1. The time remaining between the filing of the motion and the hearing date;

2. The position of other parties;

3. The reasons for expediting the hearing or for the unavailability of the party, representative, or counsel on the date of the scheduled hearing;

4. Whether testimony of an unavailable witness is authorized by law, and, if so, whether it can be taken telephoni-cally or by deposition; and

5. The status of settlement negotiations.

B. Reconvening a hearing. The Commission may recess a hearing and reconvene at a future date by a verbal ruling during the initially noticed hearing or thereafter during any continuation of the hearing.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-618 Vacating a Hearing

The Commission may vacate a calendared hearing if:

1. The parties agree to vacate the hearing;

2. The Commission dismisses the matter;

3. The party withdraws the appeal;

4. The party fails to comply with any order of the Commission; or

5. Facts demonstrate to the Commission that it is appropriate to vacate the hearing for the purpose of informal disposition, or if the action will further administrative convenience, expedition and economy and does not conflict with law or cause undue prejudice to any party.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-619 Prehearing Conference

A. Procedure. The Commission may hold a prehearing conference. The conference may be held telephonically. The Commission may issue a prehearing order outlining the issues to be discussed. As outlined by A.R.S. § 41-1092.05, prehearing conferences may be held for any of the following reasons:

1. Clarify or limit procedural, legal or factual issues;

2. Consider amendments to any pleadings;

Identify and exchange lists of witnesses and exhibits intended to be introduced at the hearing;

4. Obtain stipulations or rulings regarding testimony, exhibits, facts or law;

5. Schedule deadlines, hearing dates and locations if not previously set;

Allow the Parties opportunity to discuss settlement; or

7. Any other similar reason determined by the Commission to further administrative convenience, expedition, and economy, or to avoid undue prejudice.

B. Record. The Commission may record any agreements reached during a prehearing conference by electronic or mechanical means, or memorialize them in an order.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-620 Subpoenas

A. Form. As provided by A.R.S. § 41-1092.07 and A.R.S. § 41-1092.10, any party may request a subpoena in writing from the Commission and shall include in the request:

1. The caption of the Appealable Agency Action;

2. A list or description of any documents sought;

3. The full name and home or business address of the custodian of the documents sought or all persons to be subpoenaed;

4. The date, time, and place to appear or to produce documents pursuant to the subpoena; and

5. The name, address, and telephone number of the party, or the party's attorney, requesting the subpoena.

B. The Commission may require a brief statement of the relevance of testimony or documents.

C. Service of subpoena. Any person who is not a party and is at least 18 years of age may serve a subpoena. The person shall serve the subpoena by delivering a copy to the person to be served. The person serving the subpoena shall provide proof of service by filing with the Arizona Power Authority a certified statement of the date and manner of service and the name of the person served.

D. Objection to subpoena. A party, or the person served with a subpoena who objects to the subpoena, or any portion of it, may file an objection with the Commission. The objection shall be filed within 5 days after service of the subpoena, or at the outset of the hearing if the subpoena is served fewer than 5 days before the hearing.

E. Quashing, modifying subpoenas. The Commission shall quash or modify the subpoena if:

1. It is unreasonable or oppressive, or

2. The desired testimony or evidence may be obtained by an alternative method, or

3. The existing administrative record contains the information and evidence that would otherwise be proffered pursuant to the subpoena.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-621 Telephonic Testimony

The Commission may grant a motion for telephonic testimony if:

1. Personal attendance by a party or witness at the hearing will present an undue hardship for the party or witness;

2. Telephonic testimony will not cause undue prejudice to any party; and

3. The proponent of the telephonic testimony pays for any cost of obtaining the testimony telephonically.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-622 Rights and Responsibilities of Parties

A. Generally. A party may present testimony and documentary evidence and argue with respect to the issues and may examine and cross-examine witnesses.

B. Preparation. A party shall have all witnesses, documents and exhibits available on the date of the hearing.

C. Exhibits. A party shall provide a copy of each exhibit to all other parties at the time the exhibit is offered to the Commission, unless it was previously provided through discovery.

D. Responding to Orders. A party shall comply with an order issued by the Commission concerning the conduct of a hearing. Unless objection is made orally during a pre-hearing conference or hearing, a party shall file a motion requesting the Commission to reconsider the order.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-623 Hearings; Depositions

A. Pursuant to A.R.S. § 30-107, all members of the Commission shall attend all hearings, unless excused from attendance for a justifiable excuse which shall be made part of the record. Three members shall constitute a quorum for conducting a hearing.

B. The Parties to an Appealable Agency Action have the right to be represented by counsel, or to proceed without counsel, to submit evidence and to cross-examine witnesses.

C. The Commission may issue subpoenas to compel the attendance of witnesses and the production of documents. The subpoenas shall be served pursuant to R12-14-620(C) and, on application to the superior court, enforced in the manner provided by law for the service and enforcement of subpoenas in civil proceedings. The Commission may administer oaths and affirmations to witnesses.

D. All parties shall have the opportunity to respond and present evidence and argument on all relevant issues. All relevant evidence is admissible, but the Commission may exclude evidence if its probative value is outweighed by the danger of unfair prejudice, by confusion of the issues or by considerations of undue delay, waste of time or needless presentation of cumulative evidence. The Commission shall exercise reasonable control over the manner and order of cross-examining witnesses and presenting evidence to make the cross-examination and presentation effective for ascertaining the truth, avoiding needless consumption of time and protecting witnesses from harassment or undue embarrassment.

E. All hearings shall be recorded. The Commission shall secure either a court reporter or an electronic means of producing or preserving a clear and accurate record of the proceeding at the Authority's expense. Any party that requests a transcript of the proceeding shall pay the costs of the transcript to the court reporter or other transcriber.

F. Unless otherwise provided by law, the following apply:

1. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Neither the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial proceedings is grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.

2. Copies of documentary evidence may be received in the discretion of the Commission. On request, Parties shall be given an opportunity to compare the copy with the original.

3. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Commission's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The Commission's experience, technical competence and specialized knowledge may be used in the evaluation of the evidence.

4. On application of a party and for use as evidence, the Commission may permit a deposition to be taken, in the manner and on the terms designated by the Commission, of a witness who cannot be subpoenaed or who is unable to attend the hearing. Subpoenas for the production of documents may be ordered by the Commission if the party seeking the discovery demonstrates that the party has reasonable need of the materials being sought. All provisions of law compelling a person under subpoena to testify are applicable. Fees for attendance as a witness shall be the same as for a witness in court, unless otherwise provided by law or Arizona Power Authority rule. Notwithstanding A.R.S. § 12-2212, subpoenas, depositions or other discovery shall not be permitted except as provided by this subsection or subsection (C).

5. Informal disposition may be made by stipulation, agreed settlement, consent order or default.

6. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

7. A final administrative decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-624 Conduct of Hearing

A. Public access. Unless otherwise provided by law, all hearings are open to the public.

B. Opening. The Commission shall begin the hearing by reading the caption, stating the nature and scope of the hearing, and identifying the parties, counsel, and witnesses for the record.

C. Stipulations. The Commission shall enter into the record any stipulation, settlement agreement, or consent order entered into by any of the parties before or during the hearing.

D. Opening statements. The party initiating the appeal may make an opening statement at the beginning of a hearing. All other parties may make statements in a sequence determined by the Commission.

E. Order of presentation. After opening statements, the party initiating the appeal shall begin the presentation of evidence, unless the parties agree otherwise or the Commission determines that requiring another party to proceed first would be more expeditious or appropriate, and would not prejudice any other party.

F. Examination. A party shall conduct direct and cross examination of witnesses in the order and manner determined by the Commission to expedite and ensure a fair hearing. The Commission shall make rulings necessary to prevent argumentative, repetitive, or irrelevant presentation of evidence, including testimony, and to expedite the examination to the extent consistent with the disclosure of all relevant testimony and information.

G. Closing argument. When all evidence has been received, parties shall have the opportunity to present closing oral argument, in a sequence determined by the Commission. The Commission may permit or require closing oral argument to be supplemented by written memoranda. The Commission may permit or require written memoranda to be submitted simultaneously or sequentially, within time periods the Commission may prescribe.

H. Conclusion of hearing. Unless otherwise provided by the Commission, the hearing is concluded upon the submission of all evidence, the making of final argument, or the submission of all post hearing memoranda, whichever occurs last.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-625 Failure of Party to Appear for Hearing

If a party fails to appear at a hearing, the Commission may proceed with the presentation of the evidence of the appearing party, vacate the hearing and return the matter to the Authority for any further action, or dismiss the appeal and conclude that there is a final action on the existing administrative record.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-626 Witnesses: Exclusion from Hearing

All witnesses at the hearing shall testify under oath or affirmation. At the request of a party, or at the discretion of the Commission, the Commission may exclude witnesses who are not parties from the hearing room so that they cannot hear the testimony of other witnesses.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-627 Proof

A. Standard of proof. Unless otherwise provided by law, the standard of proof is a preponderance of the evidence.

B. Burden of proof. Unless otherwise provided by law:

1. The party asserting a claim, right, or entitlement has the burden of proof;

2. A party asserting an affirmative defense has the burden of establishing the affirmative defense; and

3. The proponent of a motion shall establish the grounds to support the motion.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-628 Disruptions

A person shall not interfere with access to or from the hearing room, or interfere, or threaten interference with the hearing. If a person interferes, threatens interference, or disrupts the hearing, the Commission may order the disruptive person to leave or be removed.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-629 Hearing Record

A. Maintenance. The Commission shall maintain the official record of appeal and hearing.

B. Transfer of record. Before the Commission makes a final administrative decision, the party may request that the record be available for its review or duplication. Any party requesting a copy of the record or any portion of the record shall make a request to the Commission and shall pay the reasonable costs of duplication.

C. Release of exhibits. Exhibits shall be released:

1. Upon the order of a court of competent jurisdiction; or

2. Upon motion of the party who submitted the exhibits if the time for judicial appeal has expired and no appeal is pending.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-630 Final Administrative Decisions; Review

A. For purposes of this article, the decision of the Commission on appeal is the final administrative decision.

B. A party may appeal a final administrative decision pursuant to title 12, chapter 7, article 6, except that if a party has not requested a hearing upon receipt of a notice of Appealable Agency Action pursuant to section 41-1092.03, the Appealable Agency Action is not subject to judicial review.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-631 Rehearing or Review

A. A party may file a motion for rehearing within 30 days after service of the final administrative decision pursuant to A.R.S. § 41- 1092.09.

B. Any other party may file a response to the motion for rehearing within 15 days after the date the motion for rehearing is filed.

C. After a hearing has been held and a final administrative decision has been entered pursuant to A.R.S. § 41-1092.08, a party is not required to file a motion for rehearing or review of the decision in order to exhaust the party's administrative remedies.

D. Service is complete on personal service or five days after the date that the final administrative decision is mailed to the party's last known address.

E. Except as provided in this subsection, the Commission shall rule on the motion within 15 days after the response to the motion is filed or, if a response is not filed, within five days of the expiration of the response period.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Ariz. Admin. Code § R12-14-632 Notice of Judicial Appeal; Transmitting the Transcript

A. Notification to the Arizona Power Authority. Within 10 days of filing a notice of appeal for judicial review of a final administrative decision, the party shall file a copy of the notice of appeal with the Arizona Power Authority. The Authority shall then transmit the record to the Superior Court.

B. Transcript. A party requesting a transcript shall arrange for transcription at the party's expense. The Authority shall make a copy of its audio taped record available to the transcriber. The party arranging for transcription shall deliver the transcript, certified by the transcriber under oath to be a true and accurate transcription of the audio taped record, to the Authority, together with one unbound copy.

History

• Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.

Chapter 15 DEPARTMENT OF WATER RESOURCES

Article 1 FEES

Ariz. Admin. Code § R12-15-101 Definitions

In addition to the definitions in A.R.S. §§ 45-101, 45-271, 45-402, 45-511, 45-561, 45-802.01, 45-1001, 45-1201 and R12-15-701, the following definitions apply to this Article:

1. "Application" means a written request submitted by an applicant to the Department for the purpose of obtaining a permit, license or other legal authorization issued by the Department.

2. "Fiscal year" means the year beginning July 1 and ending June 30.

3. "Mileage expenses" means the Department's mileage expenses for travelling to and from a site inspection calculated at the rate set by the Arizona Department of Administration for state travel by motor vehicle.

4. "Municipality" means an incorporated city or town.

5. "Pre-decision administrative hearing" means an administrative hearing held on an application before the Department makes any decision on the application.

6. "Population" means the population according to the most recent United States decennial census.

7. "Review hours" means the hours or portions of hours spent by Department employees in reviewing an application and making a decision thereon, including pre-application consultation time in excess of 60 minutes and site inspection time. Only time spent by the program staff members and technical review team members responsible for processing the application shall be included as review hours. Review hours do not include the first 60 minutes of pre-application consultation time, the time spent traveling to and from a site inspection, any time spent on a pre-decision administrative hearing and any time spent on the application after a party appeals the Director's decision on the application pursuant to A.R.S. § 41-1092.03(B).

8. "Site inspection" means an inspection conducted by the Department before issuing a decision on an application or before issuing a decision on whether water may be stored at an underground storage facility.

9. "Site inspection time" means time spent on a site inspection. Site inspection time includes the time spent conducting the inspection and the time spent preparing an inspection report following the inspection, but does not include the time spent traveling to and from the inspection.

10. "Water resources fund" means the water resources fund established by A.R.S. § 45-117.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final rulemaking at 18 A.A.R. 203, effective July 1, 2012 (Supp. 12-1).

Ariz. Admin. Code § R12-15-102 Fees for Applications and Filings

A. A person submitting an application or filing to the Department on or after the effective date of this Section shall pay an hourly application fee as provided in R12-15-103 or a fixed application or filing fee as provided in R12-15-104, whichever applies. Application fees for an initial certificate of grandfathered right following the designation of a subsequent active management area or an initial notice of irrigation authority in a subsequent irrigation non-expansion area fall under a fixed application or filing fee structure, as outlined in R12-15-104. Fees for applications and filings shall be paid in U.S. dollars by cash, check, cashier's check, money order, or any other method acceptable to the Department.

B. A person with an application or filing pending before the Department prior to the effective date of this Section shall pay the application or filing fees and costs in effect when the application or filing was submitted to the Department.

C. For an application for an initial certificate of grandfathered right in a subsequent active management area or a notice of irrigation authority in a subsequent irrigation non-expansion area submitted prior to the effective date of this Section the applicant shall only be responsible for the fees and costs in effect on the effective date of this Section. The Department shall refund the difference in the fees and costs paid when the application was submitted to the applicant within 60 days of the effective date of this Section.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 3478, effective 10/13/2023.

Ariz. Admin. Code § R12-15-103 Applications Subject to Hourly Fee; Amount of Fee; Initial Fee; Billing and Payment; Request for Reconsideration of Fee; Past Due Fee

A. The Department shall calculate the fee for an application listed in subsection (B) of this Section by multiplying the number of review hours for the application by an hourly rate of $118.00, plus any mileage expenses and the actual cost of mailing or publishing any legal notice of the application.

B. A person submitting an application listed below shall pay an hourly fee for the application, not to exceed the maximum fee shown for the application:

1. Wells:

| Type of Application | Maximum Fee | | --- | --- | | Variance from well construction requirements that has not been pre-approved by the Department | $10,000.00 |

Groundwater:

| Type of Application | Maximum Fee | | --- | --- | | a. Issuance, renewal or modification of groundwater withdrawal permit | $10,000.00 | | b. Approval of contract by a city, town or private water company to supply groundwater to another city, town or private water company pursuant to A.R.S. § 45-492(C) | $10,000.00 | | c. Notice of intent to establish new service area right by a city, town or private water company | $10,000.00 | | d. Final petition to establish new service area right by a city, town or private water company | $10,000.00 | | e. Extension of the service area of a city, town or private water company to furnish disproportionately large amounts of water to an industrial or other large water user pursuant to A.R.S. § 45-493(A)(2) | $10,000.00 | | f. Addition and exclusion of area by an irrigation district pursuant to A.R.S. § 45-494.01 | $10,000.00 | | g. Delivery of groundwater by an irrigation district to an industrial user with a general industrial use permit pursuant to A.R.S. § 45-497(B) | $10,000.00 | | h. Determination of historically irrigated acres or annual transportation allotment for lands in McMullen valley groundwater basin pursuant to A.R.S. § 45-552 | $10,000.00 | | i. Determination of volume of groundwater that can be transported from lands in Harquahala irrigation non-expansion area to an initial active management area pursuant to A.R.S. § 45-554 | $10,000.00 | | j. Determination of historically irrigated acres or annual transportation allotment for lands in the Big Chino sub-basin of the Verde River groundwater basin pursuant to A.R.S. § 45-555 | $10,000.00 | | k. Permit to transport groundwater away from the Yuma groundwater basin pursuant to A.R.S. § 45-547 | $10,000.00 | | l. Drought emergency groundwater transfer away from a groundwater basin outside of an active management area | $10,000.00 |

Grandfathered Rights:

| Type of Application | Maximum Fee | | --- | --- | | a. Type 1 non-irrigation grandfathered right for land retired from irrigation after date of designation of active management area pursuant to A.R.S. § 45-469 or 45-472 | $10,000.00 | | b. Restoration of retired irrigation grandfathered right pursuant to A.R.S. § 45-469(O) | $10,000.00 |

Substitution of Acres:

| Type of Application | Maximum Fee | | --- | --- | | a. Substitution of flood damaged acres in an active management area or an irrigation non-expansion area | $10,000.00 | | b. Substitution of acres to eliminate limiting condition impeding efficient irrigation in an active management area or an irrigation non-expansion area | $10,000.00 | | c. Substitution of acres to allow irrigation with Central Arizona Project water in an active management area | $10,000.00 |

Lakes:

| Type of Application | Maximum Fee | | --- | --- | | a. Permit to fill body of water with poor quality water pursuant to A.R.S. § 45-132(C) | $10,000.00 | | b. Permit for interim water use in a body of water | $10,000.00 | | c. Temporary emergency permit for use of surface water or groundwater in a body of water | $10,000.00 |

Water Exchange:

| Type of Application | Maximum Fee | | --- | --- | | a. Issuance, renewal or modification of water exchange permit | $10,000.00 | | b. Notice of water exchange for which approval is required pursuant to A.R.S. § 45-1052(6)(b) | $10,000.00 |

Water Exportation:

| Type of Application | Maximum Fee | | --- | --- | | Permit to transport water from this state | $25,000.00 |

Underground Water Storage, Savings and Replenishment:

| Type of Application | Maximum Fee | | --- | --- | | a. Issuance, renewal or modification of an underground storage facility permit | $25,000.00 | | b. Issuance, renewal or modification of a groundwater savings facility permit | $10,000.00 | | c. Issuance, renewal or modification of a water storage permit | $10,000.00 | | d. Recovery well permit, including an emergency temporary recovery well permit | $10,000.00 |

Assured and Adequate Water Supply:

| Type of Application | Maximum Fee | | --- | --- | | a. Physical availability determination | $10,000.00 | | b. Analysis of assured or adequate water supply | $10,000.00 | | c. Renewal of analysis of assured or adequate water supply | $10,000.00 | | d. Certificate of assured water supply | $10,000.00 | | e. Issuance or modification of designation of assured water supply | $35,000.00 | | f. Issuance or modification of designation of adequate water supply | $25,000.00 | | g. Water report (outside an AMA) | $10,000.00 | | h. Assignment of Type A certificate of assured water supply | $5,000.00 | | i. Assignment of Type B certificate of assured water supply | $5,000.00 | | j. Classification of Type A certificate of assured water supply pursuant to R12-15-707 | $10,000.00 | | k. Review of revised plat to determine whether changes are material | $10,000.00 | | l. New certificate of assured water supply pursuant to R12-15-704(G) | $10,000.00 | | m. Letter stating that owner is not required to obtain a certificate of assured water supply pursuant to R12-15-704(M) | $10,000.00 |

Surface Water:

| Type of Application | Maximum Fee | | --- | --- | | a. Permit to appropriate public water | $10,000.00 | | b. Certificate of water right | $10,000.00 | | c. Primary reservoir permit or secondary reservoir permit | $10,000.00 | | d. Change in use of water | $10,000.00 | | e. Severance and transfer of water right to land that is not within the same parcel or farm unit as the current use, or that includes a change in water source, use or ownership | $25,000.00 | | f. Severance and transfer of water right to land that is within the same parcel or farm unit as the current use and that does not include a change in water source, use or ownership | $2,500.00 | | g. Request for extension of time to complete construction | $10,000.00 |

C. A person filing an application that is subject to an hourly fee shall submit an initial fee at the time the application is submitted to the Department. The initial fee for applications described in subsections (B)(7), (B)(8)(a), (B)(9)(e), (f) and (B)(10)(e) of this Section shall be $2,000.00. The initial fee for all other applications shall be $1,000.00. If requested by the applicant, the Department may set a lower initial fee if the Department estimates that the total application fee will be less than the initial fee specified in this subsection. The Department shall not accept an application for which an initial fee is required under this subsection unless the initial fee is included with the application.

D. The Department shall bill the applicant for processing the application no more than monthly, but at least quarterly. Each bill shall contain the following information for the billing period:

1. The number of review hours accrued by activity and subactivity code during the billing period, the date of each activity, a description of each activity and the effective hourly rate for all activities;

2. A description and amount of any mileage expenses charged for the application;

3. A description and amount of the cost of mailing or publishing any legal notice of the application or notice of a pre-decision administrative hearing on the application; and

4. The total fees paid to date, the total fees due for the billing period, the date when the fees are payable, which shall be at least 60 days after the date of the bill, and the maximum fee for the application.

E. A bill for hourly fees becomes past due if the applicant does not pay the bill in full by the due date specified in the bill, unless the applicant submits a timely request for reconsideration of the bill pursuant to subsection (G) of this Section. If the applicant submits a timely request for reconsideration of the bill, the bill becomes past due if the applicant does not pay the amount due under the Director's decision on the request by the date specified in the decision. If a bill for hourly fees becomes past due, the following shall apply:

1. The applicable review time-frame shall be suspended from the date the bill became past due until the applicant pays the bill in full or the application is denied under subsection (E)(2) of this Section, whichever applies.

The Department shall suspend its review of the application and send a written notice to the applicant that the bill is past due. If the applicant does not pay the outstanding bill by the date specified in the notice, which shall be at least 35 days from the date of the notice, the application shall be denied.

F. After the Department makes a determination whether to grant or deny the application, or when an applicant withdraws the application, the Department shall prepare and send to the applicant a final itemized billing statement for the application fee.

1. If the total fee exceeds the amount of the initial fee paid plus all other payments made to date, the applicant shall pay the balance, up to the maximum fee for the application, plus any mileage expenses 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, by the date specified in the statement, unless the applicant submits a timely request for reconsideration of the bill pursuant to subsection (G) of this Section. The statement shall specify a date, at least 60 days from the date of the statement, by which the applicant must pay the bill. If the applicant submits a timely request for reconsideration of the bill, the applicant shall pay the amount due under the Director's decision on the request by the date specified in the decision. The Department shall not release the final permit or approval until the final bill is paid in full.

2. If the total fee is less than the initial fee plus all other payments made to date, the Department shall refund the difference to the applicant within 35 days of the date of the statement.

G. An applicant may seek reconsideration of a bill for hourly fees by filing a written request for reconsideration with the Director. The request shall specify, in detail, why the bill is in dispute and shall include any supporting documentation. The written request for reconsideration shall be delivered to the Director in person, by mail, or by facsimile on or before the payment due date. The Director shall make a final decision on the request for reconsideration of the bill and mail a final written decision to the person within 20 business days after the date the Director receives the written request. The decision shall specify a date, at least 35 days from the date of the decision, by which the applicant must pay the bill. The Director may reduce the amount of any fees billed under this Section if the Director determines that the number of review hours or mileage expenses billed to the applicant was incorrect or that time spent by the Department to review the application and make a decision thereon was not necessary or advisable.

H. If a person receives a bill under this Section and the bill becomes past due under subsection (E) or (F) of this Section, the Department shall not accept for filing any other application by that person until the person pays the past due amount in full.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 3478, effective 10/13/2023.

Ariz. Admin. Code § R12-15-104 Applications and Filings Subject to Fixed Fee; Fixed Fee Schedule; Mileage Expenses; Costs for Legal Notices

A. The Department shall not accept or take action on the following applications and filings unless the fee shown for the application or filing is paid at the time the application or filing is submitted:

1. Wells:

| Type of Application or Filing | Fee | | --- | --- | | a. Late registration of well | $60.00 | | b. Well driller's license | $50.00 | | c. Re-issuance, renewal, or amendment of well driller's license | $50.00 | | d. Re-activation of expired well driller's license | $50.00 | | e. Well assignment | $30.00 per well | | f. Notice of intention to abandon a well | $150.00 | | g. Notice of intention to drill a well other than a well described in subsection (A)(1)(h) of this Section | $150.00 | | h. Notice of intention to drill a well that will not be located in an active management area or irrigation non-expansion area, that will be used solely for domestic purposes and that will have a pump with a maximum capacity of not more than 35 gallons per minute | $100.00 | | i. Re-issuance of drill card | $120.00 | | j. Permit to drill non-exempt well in an active management area | $150.00 application fee plus $30.00 permit fee |

Groundwater:

| Type of Application or Filing | Fee | | --- | --- | | a. Conveyance of farm's flexibility account balance | $250.00 | | b. Conveyance of notice of authority to irrigate in an irrigation non-expansion area | $500.00 | | c. Conveyance of groundwater withdrawal permit | $500.00 | | d. Issuance of notice of authority to irrigate in an irrigation non-expansion area | $75.00 |

Grandfathered rights:

| Type of Application | Fee | | --- | --- | | a. Late application for certificate of grandfathered right in an initial Active Management Area | $100.00 | | b. Conveyance of certificate of grandfathered right | $500.00 | | c. Issuance of revised certificate of grandfathered right following partial extinguishment of grandfathered right for assured water supply extinguishment credits | $120.00 | | d. Revised certificate of Type 2 non-irrigation grandfathered right to reflect new or additional points of withdrawal or the deletion of a point of withdrawal | $250.00 | | e. Approval of development plan to retire irrigation grandfathered right for a Type 1 non-irrigation grand-fathered right | $500.00 | | f. Re-issuance of certificate of grandfathered right to reflect a change in family circumstances or a transfer of the right from the rightholder to a trust in which the rightholder is a beneficiary or from a trust to a beneficiary of the trust | $120.00 | | g. Application for certificate of grandfathered right following the designation of a subsequent Active Management Area | $75.00 |

Underground water storage, savings and replenishment:

| Type of Application or Filing | Fee | | --- | --- | | a. Conveyance of storage facility permit | $500.00 | | b. Conveyance of water storage permit | $500.00 | | c. Assignment of long-term storage credits | $250.00 |

Assured water supply:

| Type of Application or Filing | Fee | | --- | --- | | a. Extinguishment of grandfathered right for extinguishment credits | $250.00 | | b. Conveyance of extinguishment credits | $250.00 |

Surface water:

| Type of Application or Filing | Fee | | --- | --- | | a. Re-issuance of a surface water permit or certificate (not associated with an assignment of the permit or certificate) | $120.00 | | b. Claim of water right for a stockpond pursuant to A.R.S. § 45-273 | $10.00 | | c. Statement of claim for a water right pursuant to A.R.S. § 45-183 | $5.00 | | d. Assignment of application, permit, certificate or statement of claim | $75.00 | | e. Certification of water right for a stockpond pursuant to A.R.S. § 45-275 | $120.00 |

Dams:

| Type of Application | Fee | | --- | --- | | Approval of plans for construction, enlargement, repair, alteration or removal of dam | 2 percent of the total project cost |

Water Exchange:

| Type of Filing | Fee | | --- | --- | | Notice of water exchange that does not require approval pursuant to A.R.S. § 45-1052(6)(b) | $500.00 |

Weather modification:

| Type of Application | Fee | | --- | --- | | a. License for weather control or cloud modification | $100.00 | | b. Equipment license for weather control or cloud modification | $10.00 |

B. In addition to the application or filing fee listed in subsection (A) of this Section, an applicant shall pay any mileage expenses and the actual cost of mailing or publishing any legal notice of the application. This subsection shall not apply to applications listed in subsection (A)(2)(d) or (A)(3)(g) of this Section.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 3478, effective 10/13/2023.

Ariz. Admin. Code § R12-15-105 Fee for Dam Safety Inspection; Fee for Review of Dam Safety Inspection Report

A. The owner of a high or significant hazard potential dam shall pay a fee for the Department's dam safety inspection pursuant to R12-15-1219(A). The fee shall be based on the total crest length of the dam plus appurtenant embankments and saddle dikes, as follows:

| Length (feet) | Fee | | --- | --- | | 0 up to and including 500 | $2,000.00 | | More than 500 up to and including 1,000 | $2,200.00 | | More than 1,000 up to and including 2,000 | $2,400.00 | | More than 2,000 up to and including 4,000 | $2,600.00 | | More than 4,000 up to and including 8,000 | $3,000.00 | | More than 8,000 up to and including 16,000 | $3,400.00 | | More than 16,000 up to and including 32,000 | $3,800.00 | | More than 32,000 | $4,200.00 |

B. The owner of a low or very low hazard potential dam shall pay a fee for the Department's dam safety inspection report pursuant to R12-15-1219(A). The fee shall be $250.00.

C. After conducting a dam safety inspection pursuant to R12-15-1219(A), the Director shall send to the dam owner a bill for the fee required by subsection (A) or (B) of this Section. The dam owner shall pay the fee by the date specified in the bill, which shall be at least 35 days from the date of the bill. Failure by a dam owner to pay a fee required by subsection (A) or (B) of this Section shall be considered a violation of R12-15-1219.

D. The owner of a dam who submits a dam safety inspection report pursuant to R12-15-1219(E) shall pay a fee of $750.00 if the dam is a high or significant hazard potential dam or a fee of $250 if the dam is a low or very low hazard potential dam. The Department shall not accept a dam safety inspection report unless the fee is submitted with the report.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final rulemaking at 23 A.A.R. 2375, effective 10/10/2017.

Ariz. Admin. Code § R12-15-106 Fee for Well Capping

The owner of a well that is capped by the Department pursuant to A.R.S. § 45-594(C) shall pay to the Department a fee of $300.00, plus actual expenses over $300.00. After capping an open well, the Department shall send the owner of the well a bill for the fee under this Section. The owner of the well shall pay the fee by the date specified in the bill, which shall be at least 35 days after the date of the bill.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-107 Expired

History

• New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011 (Supp. 11-2). New Section made by exempt rulemaking at 17 A.A.R. 1769, effective August 10, 2011 with an automatic repeal date effective July 1, 2012 (Supp. 11-3). New Section made by final rulemaking at 18 A.A.R. 203, effective July 1, 2012 (Supp. 12-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 3475, effective November 5, 2016 (Supp. 16-4).

Ariz. Admin. Code §§ R12-15-108 through R12-15-150 Reserved

Ariz. Admin. Code § R12-15-151 [REPEALED]

History

• Adopted effective October 8, 1982 (Supp. 82-5). Amended effective June 29, 1994 (Supp. 94-2). Amended effective March 3, 1995 (Supp. 95-1). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3). Section repealed by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). New Section made by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Section repealed by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-152 Expired

History

• Adopted effective October 8, 1982 (Supp. 82-5). Section expired under A.R.S. § 41-1056(E) at 13 A.A.R. 1647, effective May 31, 2006 (Supp. 07-2).

Article 2 PROCEDURAL RULES

Ariz. Admin. Code § R12-15-201 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). The reference to R12-14-223 in subsection (C) corrected to read R12-15-223 (Supp. 93-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-202 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-203 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-204 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-205 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-206 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-207 Correction of Clerical Mistakes

Upon a motion or on the initiative of the Director, the Director may correct clerical mistakes in decisions, orders, rulings, any process issued by the Department, or other parts of the record, and errors in the record arising from oversight or omission. The Director shall give all parties and the Chief Counsel notice of any corrections made pursuant to this Section.

History

• Adopted effective June 13, 1984 (Supp. 84-3). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).

Ariz. Admin. Code § R12-15-208 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-209 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-210 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-211 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-212 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-213 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-214 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-215 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section number corrected (Supp. 93-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-216 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-217 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-218 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-219 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-220 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-221 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-222 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-223 Expired

History

• Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-224 Ex Parte Communications

A. During the course of a contested case or appealable agency action, a party shall not make an ex parte communication or knowingly cause an ex parte communication to be made to the Director or other Department employee or consultant who is or may reasonably be expected to be involved in the decision-making process of the contested case or appealable agency action.

B. During the course of a contested case or appealable agency action, the Department personnel listed in subsection (A) shall not make an ex parte communication or knowingly cause an ex parte communication to be made to a party or a person who will be materially and directly affected by the outcome of the contested case or appealable agency action.

C. Any of the Department personnel listed in subsection (A) of this Section who receives a written communication prohibited by this Section shall file a copy of the communication in the public docket and serve a copy on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action. Any of the Department personnel listed in subsection (A) of this Section who receives an oral communication prohibited by this Section shall file a summary, stating the substance of the communication, in the public docket and serve a copy on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action.

D. Upon receipt of an ex parte communication or a copy or summary of an ex parte communication made or knowingly caused to be made by a party in violation of this Section, the Director, to the extent consistent with the interests of justice and the policy of the underlying statutes and rules, may require the party to show cause why the party's claim or interest in the contested case or appealable agency action should not be dismissed, denied or disregarded because of the violation.

E. For purposes of this Section, "ex parte communication" means any written or oral communication relating to the merits of a contested case or appealable agency action, except:

1. Communications made in the course of official proceedings in the contested case or appealable agency action;

2. Communications made in writing, if a copy of the communication is promptly served on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action;

3. Oral communications made after adequate notice, stating the substance of each communication, to all parties and the Chief Counsel;

Communications relating solely to procedural matters; and

5. As otherwise authorized by law.

History

• Adopted effective June, 1984 (Supp. 84-3). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).

Article 3 STOCKPOND AND OTHER SURFACE WATER RULES

Ariz. Admin. Code § R12-15-301 Expired

History

• Adopted effective October 8, 1982 (Supp. 82-5). Amended effective April 3, 1987 (Supp. 87-2). Amended effective May 7, 1990 (Supp. 90-2). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2012, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-302 Expired

History

• Adopted effective October 8, 1982 (Supp. 82-5). Amended effective May 7, 1990 (Supp. 90-2). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2012, effective February 28, 2001 (Supp. 01-2).

Ariz. Admin. Code § R12-15-303 Multiple Applications for Water Rights

A. If two or more applications are filed with the Director pursuant to A.R.S. §§ 45-152 or 45-273 or both by or for the same applicant and for a right to use the same water, the Director shall consolidate the applications. If the applicant is otherwise entitled to both a permit to appropriate and a certificate of stockpond water right, the Director shall issue to the applicant either the permit to appropriate or the certificate of stockpond water right, whichever would give the applicant the higher priority.

B. If one or more applications are filed with the Director pursuant to A.R.S. §§ 45-152 or 45-273 or both by or for the same applicant and for a right to use the same water for which the applicant holds a permit to appropriate, a certificate of water right or a certificate of stockpond water right, the Director shall deny the application or applications unless the applicant relinquishes every permit to appropriate, certificate of water right and certificate of stockpond water right which the applicant holds for that same water. The applicant may relinquish every permit to appropriate, certificate of water right and certificate of stockpond water right on the condition that the Director issues a permit to appropriate or certificate of stockpond water right to the applicant for the same water. In that case, the relinquishment shall be effective when the Director issues the permit to appropriate or certificate of stockpond water right.

C. For purposes of this rule, "same water" means the same quantity of water from the same source for use at the same place for the same purpose. Water for which a right is applied or held pursuant to an application or permit to appropriate, certificate of water right or certificate of stockpond water right may be the same water in whole or in part as water for which a right is applied or held pursuant to a separate application or permit to appropriate, certificate of water right or certificate of stockpond water right.

History

• Adopted effective April 3, 1987 (Supp. 87-2). Section R12-15-310 renumbered to R12-15-303 and amended effective May 7, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-304 Reserved

Ariz. Admin. Code § R12-15-305 Reserved

Ariz. Admin. Code § R12-15-306 Reserved

Ariz. Admin. Code § R12-15-307 Reserved

Ariz. Admin. Code § R12-15-308 Reserved

Ariz. Admin. Code § R12-15-309 Reserved

Ariz. Admin. Code § R12-15-310 Renumbered

History

• Adopted effective April 3, 1987 (Supp. 87-2). Section R12-15-310 renumbered to R12-15-303 effective May 7, 1990 (Supp. 90-2)

Article 4 LICENSING TIME-FRAMES

Ariz. Admin. Code § R12-15-401 Licensing Time-frames

The following time-frames apply to licenses issued by the Department. In this Article, "license" has the meaning prescribed in A.R.S. § 41-1001. The licensing time-frames consist of an administrative completeness review time-frame, a substantive review time- frame, and an overall time-frame.

1. Within the administrative completeness review time- frames set forth in subsection (7), the Department shall notify the applicant in writing whether the application is complete or incomplete. If the application is incomplete, the notice shall specify what information or component is required to make the application complete.

2. An applicant with an incomplete application shall supply the missing information within 60 days from the date of the notice, or within such further time as the Director may specify, unless another time limit is specified by statute or applicable rule. If the applicant fails to complete the application within the specified time period, the Director may deny the application. Denial of an application under this provision does not preclude the applicant from filing a new application.

3. Within the overall time-frames set forth in subsection (7), unless extended by mutual agreement under A.R.S. § 41-1075, the Department shall notify the applicant in writing that the application is granted or denied. If the application is denied, the Department shall provide written justification for the denial and a written explanation of the applicant's right to a hearing or the applicant's right to appeal.

4. In computing any period of time prescribed by this rule, the day of the filing, notice or event from which the designated period of time begins to run shall not be included. The last day of the computed period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the prescribed administrative completeness review time-frame or substantive review time-frame is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation. The overall time-frame is the sum of the administrative completeness review time-frame and the substantive review time-frame calculated as prescribed by this Section.

Except as otherwise noted, the licensing time-frames do not include time for hearings. Time-frames in cases where a hearing is held are increased by 120 days.

6. The licensing time-frame rules are effective after December 31, 1998, as prescribed by A.R.S. § 41-1073(A), and apply to all applications filed after that date.

7. The licensing time-frames are set forth in Table A.

History

• Adopted effective December 31, 1998; filed with the Office of the Secretary of State July 28, 1998 (Supp. 98-3). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 23 A.A.R. 2375, effective 10/10/2017. Amended by final expedited rulemaking at 28 A.A.R. 266, effective 1/5/2022.

Article 7 ASSURED AND ADEQUATE WATER SUPPLY

Ariz. Admin. Code § R12-15-701 Definitions - Assured and Adequate Water Supply Programs

1. "Abandoned plat" means a plat for which a certificate or water report has been issued and that will not be developed because of one of the following:

a. The land has been developed for another use; or

b. Legal restrictions will preclude approval of the plat.

2. "ADEQ" means the Arizona Department of Environmental Quality.

3. "Adequate delivery, storage, and treatment works" means:

a. A water delivery system with sufficient capacity to deliver enough water to meet the needs of the proposed use;

b. Any necessary storage facilities with sufficient capacity to store enough water to meet the needs of the proposed use; and

c. Any necessary treatment facilities with sufficient capacity to treat enough water to meet the needs of the proposed use.

4. "Adequate storage facilities" means facilities that can store enough water to meet the needs of the proposed use.

5. "Affiliate" means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the person specified.

6. "AMA" means an active management area as defined in A.R.S. § 45-402.

7. "Analysis" means an analysis of assured water supply or an analysis of adequate water supply.

8. "Analysis holder" means a person to whom an analysis of assured water supply or an analysis of adequate water supply is issued and any current owner of land included in the analysis.

9. "Analysis of adequate water supply" means a determination issued by the Director stating that one or more criteria required for a water report pursuant to R12-15-713 have been demonstrated for a development.

10. "Analysis of assured water supply" means a determination issued by the Director stating that one or more criteria required for a certificate of assured water supply pursuant to R12-15-704 have been demonstrated for a development.

11. "Annual authorized volume" means, for an approved remedial action project, the annual authorized volume specified in a consent decree or other document approved by ADEQ or the EPA, except that:

a. If no annual authorized amount is specified in a consent decree or other document approved by ADEQ or the EPA, the annual authorized volume is the largest volume of groundwater withdrawn pursuant to the approved remedial action project in any year prior to January 1, 1999.

b. If the Director increases the annual authorized volume pursuant to R12-15-729(C), the annual authorized volume is the amount approved by the Director.

12. "Annual estimated water demand" means the estimated water demand divided by 100.

13. Approved remedial action project" means a remedial action project approved by ADEQ under A.R.S. Title 49, or by the EPA under CERCLA.

14. "Authorized remedial groundwater use" means, for any year, the amount of remedial groundwater withdrawn pursuant to an approved remedial action project and used by a municipal provider during the year, not to exceed the annual authorized volume of the project.

15. "Build-out" means a condition in which all water delivery mains are in place and active water service connections exist for all lots.

16. "CAP water" means:

a. All water from the Colorado River or from the Central Arizona Project works authorized in P.L. 90-537, excluding enlarged Roosevelt reservoir, which is made available pursuant to a subcontract with a multi-county water conservation district.

b. Any additional water not included in subsection 16(a) of this Section that is delivered by the United States Secretary of the Interior pursuant to an Indian water rights settlement through the Central Arizona Project.

17. "Central Arizona Groundwater Replenishment District" or "CAGRD" means a multi-county water conservation district acting in its capacity as the entity established pursuant to A.R.S. § 48-3771, et seq., and responsible for replenishing excess groundwater.

"Central distribution system" means a water system that qualifies as a public water system pursuant to A.R.S. § 49-352.

19. "CERCLA" or "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" has the same meaning as prescribed in A.R.S. § 49-201.

20. "Certificate" means a certificate of assured water supply issued by the Director for a subdivision pursuant to A.R.S. § 45-576 et seq. and this Article.

21. "Certificate holder" means any person included on a certificate, except the following:

a. Any person who no longer owns any portion of the property included in the certificate, and

b. Any potential purchaser for whom the purchase contract has been terminated or has expired.

22. "Certificate of convenience and necessity" means a certificate required by the Arizona Corporation Commission, pursuant to A.R.S. § 40-281, which allows a private water company to serve water to customers within its certificated area.

23. "Colorado River water" means water from the main stream of the Colorado River. For purposes of this Article, Colorado River water does not include CAP water.

24. "Committed demand" means the 100-year water demand at build-out of all recorded lots that are not yet served water within the service area of a designation applicant or a designated provider.

25. "County water augmentation authority" means an authority formed pursuant to A.R.S. Title 45, Chapter 11.

26. "Current demand" means the 100-year water demand for existing uses within the service area of a designation applicant or designated provider, based on the annual report for the previous calendar year.

27. "Depth-to-static water level" means the level at which water stands in a well when no water is withdrawn by pumping or by free flow.

28. "Designated provider" means:

a. A municipal provider that has obtained a designation of assured or adequate water supply; or

b. A city or town that has obtained a designation of adequate water supply pursuant to A.R.S. § 45-108(D).

29. "Designation means a decision and order issued by the director designating a municipal provider as having an assured water supply or an adequate water supply.

30. "Determination of adequate water supply" means a water report, a designation of adequate water supply, or an analysis of adequate water supply.

31. "Determination of assured water supply" means a certificate, a designation of assured water supply, or an analysis of assured water supply.

32. "Development" means either a subdivision or an unplatted development plan.

33. "Diversion works" means a structure or well that allows or enhances diversion of surface water from its natural course for other uses.

34. "Drought response plan" means a plan describing a variety of conservation and augmentation measures, especially the use of backup water supplies, that a municipal provider will utilize in operating its water supply system in times of a water supply shortage. The plan may include the following:

a. An identification of priority water uses consistent with applicable public policies.

b. A description of sources of emergency water supplies.

c. An analysis of the potential use of water pressure reduction.

d. Plans for public education and voluntary water use reduction.

e. Plans for water use bans, restrictions, and rationing.

f. Plans for water pricing and penalties for excess water use.

g. Plans for coordination with other cities, towns, and private water companies.

35. "Drought volume" means 80% of the volume of a surface water supply, determined by the director under R12-15-716 to be physically available on an annual basis to a certificate holder or a designated provider.

36. "Dry lot development" means a development or subdivision without a central water distribution system.

37. "EPA" means the United States Environmental Protection Agency.

38. "Estimated water demand" means:

a. For a certificate or water report, the Director's determination of the 100-year water demand for all uses included in the subdivision;

b. For a designation, the sum of the following:

i. The Director's determination of the current demand;

ii. The Director's determination of the committed demand; and

iii. The Director's determination of the projected demand during the term of the designation; or

c. For an analysis, the Director's determination of the water demand for all uses included in the development.

39. "Existing municipal provider" means a municipal provider that was in operation and serving water for non-irrigation use on or before January 1, 1990.

40. "Extinguish" means to cause a grandfathered right to cease to exist through a process established by the director pursuant to R12-15-723.

41. "Extinguishment credit" means a credit that is issued by the Director in exchange for the extinguishment of a grandfathered right and that may be used to make groundwater use consistent with the management goal of an AMA.

42. "Firm yield" means the minimum annual diversion for the period of record which may include runoff releases from storage reservoirs, and surface water withdrawn from a well.

43. "Gray water" has the same meaning as provided in A.R.S. § 49-201.

44. "Gray water reuse system" means a system constructed to reuse gray water that meets the requirements of the rules adopted by ADEQ for gray water systems.

4345. "Management plan" means a water management plan adopted by the Director according to A.R.S. § 45-561 et seq.

46. "Mandatory adequacy jurisdiction" means a city, town, or county that requires an adequate water supply determination by the Director as a condition of approval of a plat according to A.R.S. § 9-463.01(J) or (O) or A.R.S. § 11-823(A).

4447. "Master-planned community" has the same meaning as provided in A.R.S. § 32-2101.

4548. "Median flow" means the flow which is represented by the middle value of a set of flow data that are ranked in order of magnitude.

4649. "Member land" has the same meaning as provided in A.R.S. § 48-3701.

4750. "Member service area" has the same meaning as provided in A.R.S. § 48-3701.

4851. "Multi-county water conservation district" means a district established according to A.R.S. Title 48, Chapter 22.

4952. "Municipal provider" has the same meaning as provided in A.R.S. § 45-561.

53. " New Alternative Water Supply" means a volume of water that is not groundwater withdrawn from an AMA and that was not served within the service area of the municipal provider in the calendar year 2023 for the Phoenix and Pinal AMAs. The Director shall use the annual report submitted by the municipal provider for calendar year 2023, as verified by the Director, for purposes of this paragraph.

5354. "New municipal provider" means a municipal provider that began serving water for non-irrigation use after January 1, 1990.

5455 "Owner" means:

a. For an analysis, certificate, or water report applicant, a person who holds fee title to the land described in the application; or

b. For a designation applicant, the person who will be providing water service according to the designation.

5556. "Perennial" means a stream that flows continuously.

5657. "Persons per household" means a measure obtained by dividing the number of persons residing in housing units by the number of housing units.

5758. "Physical availability determination" means a letter issued by the Director stating that an applicant has demonstrated all of the criteria in R12-15-702(C).

5859. "Plat" means a preliminary or final map of a subdivision in a format typically acceptable to a platting entity.

5960. "Potential purchaser" means a person who has entered into a purchase agreement for land that is the subject of an application for a certificate or an assignment of a certificate.

6061. "Projected demand" means the 100-year water demand at build-out, not including committed or current demand, of customers reasonably projected to be added and plats reasonably projected to be approved within the designated provider's service area and reasonably anticipated expansions of the designated provider's service area.

6162. "Proposed municipal provider" means a municipal provider that has agreed to serve a proposed subdivision.

6263. "Purchase agreement" means a contract to purchase or acquire an interest in real property, such as a contract for purchase and sale, an option agreement, a deed of trust, or subdivision trust agreement.

6364. "Remedial groundwater" means groundwater withdrawn according to an approved remedial action project, but does not include groundwater withdrawn to provide an alternative water supply according to A.R.S. § 49-282.03.

6465. "Service area" means:

a. For an application for an analysis of adequate water supply, a water report, or a designation of adequate water supply, the area of land actually being served water for a non-irrigation use by the municipal provider and additions to the area that contain the municipal provider's operating distribution system for the delivery of water for a non-irrigation use;

b. For an application for a designation of adequate water supply according to A.R.S. § 45-108(D), the area of land actually being served water for a non-irrigation use by each municipal provider that serves water within the city or town, and additions to the area that contain each municipal provider's operating distribution system for the delivery of water for a non-irrigation use; or

c. For an application for a certificate or designation of assured water supply, "service area" has the same meaning as prescribed in A.R.S. § 45-402.

6566. "Subdivision" has the same meaning as prescribed in A.R.S. § 32-2101.

6667. "Superfund site" means the site of a remedial action undertaken according to CERCLA.

6768. "Surface water" means any surface water as defined in A.R.S. § 45-101, including CAP water and Colorado River water.

69. "Unreplenished groundwater" means the volume of groundwater withdrawn within the service area of a municipal provider after subtracting the groundwater used consistent with the management goal of the AMA pursuant to R12-15-722.

6870. "Water Quality Assurance Revolving Fund site" or "WQARF site" means a site of a remedial action undertaken according to A.R.S. Title 49, Chapter 2, Article 5.

6971. "Water report" means a letter issued to the Arizona Department of Real Estate by the Director for a subdivision stating whether an adequate water supply exists according to A.R.S. § 45-108 and this Article.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Amended by emergency rulemaking at 11 A.A.R. 2706, effective June 29, 2005 for 180 days (Supp. 05-2). Emergency renewed for 180 days at 12 A.A.R. 144, effective December 23, 2005 (Supp. 05-4). Emergency expired. Amended by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022. Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-702 Physical Availability Determination

A. A person may apply for a physical availability determination by submitting an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and providing the following information with the application:

1. The proposed source of water for which the applicant is seeking a determination of physical availability,

2. Evidence that the applicant has complied with subsection (C) of this Section, and

3. Any other information that the Director reasonably deems necessary to determine whether water is physically available in the area that is the subject of the application.

B. Each applicant shall sign an application for a physical availability determination. If an applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee or other person who performs similar decision-making functions for the applicant shall sign the application. If the applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the determination, the authorized representative may sign the application on the applicant's behalf.

C. An applicant for a physical availability determination shall demonstrate the following:

1. The volume of water that is physically available for 100 years in the area that is the subject of the application, according to the criteria in R12-15-716.

2. That the proposed sources of water will be of adequate quality, according to the criteria in R12-15-719.

D. After a complete application is submitted, the Director shall review the application and associated evidence to determine whether the applicant has demonstrated all of the criteria in subsection (C) of this Section. If the Director determines that the applicant has demonstrated all of the criteria in subsection (C) of this Section, the Director shall issue a physical availability determination.

E. Any person applying for a determination of assured water supply or a determination of adequate water supply may use an existing physical availability determination for purposes of R12-15-716. The Director shall consider any changes in hydrologic conditions for purposes of R12-15-716.

F. The issuance of a physical availability determination does not reserve any water for purposes of this Article.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-703 Analysis of Assured Water Supply

A. A person proposing to develop land that will not be served by a designated provider may apply for an analysis of assured water supply before applying for a certificate. An applicant for an analysis must be the owner of the land that is the subject of the application or have the written consent of the owner. The commissioner of the Arizona State Land Department may apply for an analysis for land owned by the state of Arizona or may consent to the inclusion of such land in an application.

B. An applicant for an analysis shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and attach the following:

1. A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is submitted, demonstrating the ownership of the land that is the subject of the application;

2. A description of the development, including:

a. A map of the land uses included in the development,

b. A list of water supplies proposed to be used by the development,

c. A summary of land use types included in the development, and

d. An estimate of the water demand for the land uses included in the development; and

3. Evidence that the applicant has complied with subsection (E) of this Section.

C. An applicant shall sign the application for an analysis. If an applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If the applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the analysis, the authorized representative may sign the application on the applicant's behalf.

D. After a complete application is submitted, the Director shall determine the estimated water demand of the development.

E. The Director shall issue an analysis if an applicant demonstrates one or more of the following:

1. Sufficient supplies of water are physically available to meet all or part of the estimated water demand of the development for 100 years, according to the criteria in R12-15-716.

2. Sufficient supplies of water are continuously available to meet the estimated water demand of the development for 100 years, according to the criteria in R12-15-717.

3. Sufficient supplies of water are legally available to meet the estimated water demand of the development for 100 years, according to the criteria in R12-15-718.

4. The proposed sources of water are of adequate quality, according to the criteria in R12-15-719.

5. Any proposed groundwater use is consistent with the management plan in effect at the time of the application, according to the criteria in R12-15-721.

6. Any proposed groundwater use is consistent with the management goal, according to the criteria in R12-15-722.

F. For 10 years after the Director issues an analysis, or a longer period allowed under subsections (H) or (I) of this Section:

1. If groundwater is a source of supply in the analysis and the applicant demonstrates that groundwater is physically available under subsection (E)(1) of this Section, the Director shall consider that supply of groundwater reserved for the use of the proposed development in subsequent determinations of physical availability pursuant to R12-15-716(B).

2. If an analysis holder applies for a certificate for a subdivision located on land included in the analysis, the Director shall presume that a criterion demonstrated in the analysis remains satisfied with respect to the subdivision, unless the Director has received new evidence demonstrating that the criterion is not satisfied. If the Director issues the certificate, the Director shall reduce the volume of groundwater reserved pursuant to subsection (F)(1) of this Section by the amount of the estimated water demand for the certificate that will be met with groundwater.

G. The Director shall reduce the amount of groundwater considered reserved for use of the development upon request by the analysis holder. If the analysis holder requesting a reduction is not the person to whom the analysis was issued, the Director shall reduce the amount of reserved groundwater only if the person to whom the analysis was issued or that person's designee consents to the request for reduction. The person to whom the analysis was issued shall notify the Director in writing of the name of the person's designee for purposes of this subsection.

H. The analysis holder may apply to the Director for a five-year extension of the time period in subsection (F) of this Section by submitting an application on a form prescribed by the Director no earlier than 36 months before the end of the time period and no later than 30 days before the end of the time period. If an extension is granted, the analysis holder may apply to the Director for an additional five-year extension by submitting an application on a form prescribed by the Director no earlier than 36 months before the end of the extended time period and no later than 30 days before the end of the extended time period. The Director shall extend the time period for no more than two successive five-year periods under this subsection if the analysis holder demonstrates one of the following:

1. The analysis holder has made a substantial capital investment in developing the land included in the analysis.

The analysis holder has made material progress in developing the land included in the analysis.

3. Progress in developing the land included in the analysis has been delayed for reasons outside the control of the analysis holder.

I. After the Director grants two five-year extensions pursuant to subsection (H) of this Section, the Director may extend the time period for additional five-year periods if the analysis holder files a timely application pursuant to subsection (H) of this Section and demonstrates one of the criteria in subsections (H)(1), (2), or (3) of this Section.

J. The Director shall review an application for an analysis or an application for an extension pursuant to subsections (H) or (I) of this Section pursuant to the licensing time-frame provisions in R12-15-401.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Amended by emergency rulemaking at 11 A.A.R. 2706, effective June 29, 2005 for 180 days (Supp. 05-2). Emergency renewed for 180 days at 12 A.A.R. 144, effective December 23, 2005 (Supp. 05-4). Emergency expired. Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-703.01 [REPEALED]

History

• New Section made by final rulemaking at 7 A.A.R. 3038, effective June 18, 2001 (Supp. 01-2). Section repealed by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-704 Certificate of Assured Water Supply

A. An application for a certificate shall be filed by the current owner of the land that is the subject of the application. Potential purchasers and affiliates may also be included as applicants.

B. An applicant for a certificate shall submit an application on a form prescribed by the Director with the fee required by R12-15-103(C) and provide the following:

1. One of the following forms of proof of ownership for each applicant to be listed on the certificate:

a. For an applicant that is the current owner, one of the following:

i. A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is filed, demonstrating that the applicant is the owner of the land that is the subject of the application; or

ii. Evidence that the CAGRD has reviewed and approved evidence that the applicant is the owner of the land that is the subject of the application.

b. For an applicant that is a potential purchaser, evidence of a purchase agreement;

c. For an applicant that is an affiliate of another applicant, a certification by the other applicant of the affiliate status;

2. A plat of the subdivision;

3. An estimate of the 100-year water demand for the subdivision;

4. If the subdivision is enrolled as a member land in the CAGRD and the applicant proposes to install gray water reuse systems in the subdivision, sufficient information for the Director to determine the appropriate reduction in demand;

4 5. A list of all proposed sources of water that will be used by the subdivision;

5 6. Evidence that the criteria in subsections (F) or (G) of this Section are met; and

6 7. Any other information that the Director reasonably determines is necessary to decide whether an assured water supply exists for the subdivision.

C. Each applicant shall sign the application for a certificate. If an applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If an applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the certificate, the authorized representative may sign the application on the applicant's behalf.

D. The Director shall give public notice of an application for a certificate as provided in A.R.S. § 45-578.

E. After a complete application is submitted, the Director shall review the application and associated evidence to determine:

1. The estimated water demand of the subdivision . If the subdivision is enrolled in the CAGRD and the applicant demonstrates that gray water reuse systems will be installed in the subdivision, the Director shall reduce the estimated water demand of the subdivision by the volume the Director determines is likely to be saved through the gray water reuse systems;

The amount of the groundwater allowance for the subdivision, as provided in R12-15-724 through R12-15-727; and

3. Whether the applicant has demonstrated all of the requirements in subsection (F) or subsection (G) of this Section.

F. Except as provided in subsection (G) of this Section, the Director shall issue a certificate if the applicant demonstrates all of the following:

1. Sufficient supplies of water are physically available to meet the estimated water demand of the subdivision, according to the criteria in R12-15-716;

2. Sufficient supplies of water are continuously available to meet the estimated water demand of the subdivision, according to the criteria in R12-15-717;

3. Sufficient supplies of water are legally available to meet the estimated water demand of the subdivision, according to the criteria in R12-15-718;

4. The sources of water are of adequate quality, according to the criteria in R12-15-719;

5. The applicant has the financial capability to construct adequate delivery, storage, and treatment works for the subdivision, according to the criteria in R12-15-720;

6. The proposed use of groundwater withdrawn within an AMA is consistent with the management plan in effect at the time of the application, according to the criteria in R12-15-721; and

7. The proposed use of groundwater withdrawn within an AMA is consistent with the achievement of the management goal, according to the criteria in R12-15-722.

G. If the Director previously issued a certificate for the subdivision, the Director shall issue a new certificate to the applicant if the applicant demonstrates that all of the requirements in subsection (F) are met or that all of the following apply:

1. Any changes to the plat for which the previous certificate was issued are not material, according to the criteria in R12-15-708;

2. If groundwater is a proposed source of supply for the subdivision, the proposed groundwater withdrawals satisfied the physical availability requirements in effect at the time the complete and correct application for the previous certificate was submitted;

3. Any proposed sources of water, other than groundwater, are physically available to satisfy the estimated water demand that will not be satisfied with groundwater, according to the criteria in R12-15-716;

Any proposed sources of water other than groundwater are continuously available to satisfy the estimated water demand that will not be satisfied with groundwater, according to the criteria in R12-15-717;

5. The proposed uses of groundwater withdrawn within an AMA were consistent with the achievement of the management goal according to the criteria in effect at the time the complete and correct application for the previous certificate was submitted; and

6. The applicant demonstrates that the requirements in subsections (F)(3) through (6) of this Section are met.

H. Before issuing a certificate, the Director shall classify the certificate for the purposes of R12-15-705 and R12-15-706 as follows:

1. Type A certificate. The Director shall classify the certificate as a Type A certificate if the applicant meets the criteria in R12-15-720(A)(1) and all of the subdivision's estimated water demand will be met with one or more of the following:

a. Groundwater served by a proposed municipal provider pursuant to an existing service area right;

b. Groundwater served by a proposed municipal provider pursuant to a pending service area right, if the proposed municipal provider currently holds or will hold the well permit;

c. CAP water served by a municipal provider pursuant to the proposed municipal provider's non-declining, long-term municipal and industrial subcontract;

d. Surface water served by a proposed municipal provider pursuant to the proposed municipal provider's surface water right or claim;

e. Effluent owned and served by a proposed municipal provider; or

f. A Type 1 grandfathered right appurtenant to the land on which the groundwater will be used and held by a proposed municipal provider.

Type B certificate. The Director shall classify all certificates that do not meet the requirements of subsection (H)(1) of this Section as Type B certificates.

I. The Director shall review an application for a certificate pursuant to the licensing time-frame provisions in R12-15-401.

J. An owner of six or more lots is not required to obtain a certificate if all of the following apply:

1. The lots comprise a subset of a subdivision for which:

a. A plat was recorded before 1980; or

b. A certificate was issued before February 7, 1995;

2. No changes were made to the plat since February 7, 1995; and

3. Water service is currently available to each lot.

K. A new owner of all or a portion of a subdivision for which a plat has been recorded is not required to obtain a certificate if all of the following apply:

The Director previously issued a Type A certificate for the subdivision pursuant to subsection (H)(1) of this Section or R12-15-707;

2. Water service is currently available to each lot; and

3. There are no material changes to the plat for which the certificate was issued, according to the criteria in R12-15-708.

L. An owner of six or more lots in the Pinal AMA is not required to obtain a certificate if all of the following apply:

1. A plat for the subdivision was recorded before October 1, 2007;

2. There have been no material changes to the plat according to the criteria in R12-15-708, since October 1, 2007;

3. The proposed municipal provider was designated as having an assured water supply when the plat was recorded, but is no longer designated as having an assured water supply; and

4. Water service is currently available to each lot.

M. A person may request a letter stating that the owner is not required to obtain a certificate pursuant to subsection (J), (K), or (L) of this Section by submitting an application on a form prescribed by the Director and attaching evidence that the criteria of subsection (J), (K), or (L) are met. Upon receiving an application pursuant to this subsection, the Director shall:

1. Review the application pursuant to the licensing time-frame provisions in R12-15-401.

2. Determine whether the criteria of subsection (J), (K), or (L) of this Section are met.

3. If the Director determines that the criteria of subsection (J) of this Section are met, issue a letter to the applicant and the Arizona Department of Real Estate stating that the current owner is not required to obtain a certificate.

4. If the Director determines that the criteria of subsection (K) or (L) of this Section are met, issue a letter to the applicant and the Arizona Department of Real Estate stating that the current owner and any future owners are not required to obtain a certificate.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 13 A.A.R. 1394, effective October 1, 2007 (Supp. 07-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022.

Ariz. Admin. Code § R12-15-705 Assignment of Type a Certificate of Assured Water Supply

A. The certificate holder of a Type A certificate and the assignee may apply for approval of an assignment of the Type A certificate within the time allowed by A.R.S. § 45-579(A). The assignee may file the application if there is no certificate holder. The application shall be submitted on a form prescribed by the Director with the initial fee required by R12-15-103(C), and the applicant shall provide the following:

1. One of the following forms of proof of ownership for each assignee:

a. A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is submitted to the Director and demonstrating that the assignee is the owner of the land that is the subject of the proposed assignment; or

b. If the assignee is a potential purchaser, evidence of a purchase agreement;

2. A current plat of the subdivision;

3. An estimate of the 100-year water demand for the subdivision, based on the current plat;

4. Certification by each applicant that:

a. The proposed municipal provider has not changed and has agreed to continue to serve the subdivision after the assignment; and

b. All water supplies listed on the current certificate are physically, continuously, and legally available to meet the estimated water demand of the subdivision after the assignment.

B. Each applicant shall sign the application for an assignment of a Type A certificate. If an applicant is not a natural person, the entity's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If an applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land included in the certificate, the authorized representative may sign the application on behalf of the applicant.

C. Upon receiving an application for an assignment of a Type A certificate, the Director shall post the notice required by A.R.S. § 45-579(E).

D. If the Director determines that the application meets the criteria of A.R.S. § 45-579(A), the Director shall issue a Type A certificate to each applicant. A Type A certificate issued under this subsection shall retain the issue date, the number of lots, and the estimated water demand shown on the original certificate, except as provided in subsection (E) of this Section. The Director shall determine that the application meets the criteria of A.R.S. § 45-579(A) if all of the following apply:

1. The application is submitted within the time allowed by A.R.S. § 45-579(A);

2. The assignee is the owner or a potential purchaser of the portion of the subdivision that is the subject of the assignment;

3. There have been no material changes to the plat for which the original certificate was issued, according to the criteria in R12-15-708;

4. Neither the applicant nor a predecessor in interest has impaired the manner in which consistency with management goal requirements were satisfied when the original certificate was issued; and

5. The applicant makes the certifications required in subsection (A)(4) of this Section.

E. In the case of a partial assignment, the Director shall determine whether changes to the plat are material according to R12-15-708. The Director shall issue a Type A certificate to the assignee for the portion of the subdivision that is the subject of the assignment and for the number of lots and the estimated water demand of the current plat of the portion of the subdivision that is the subject of the assignment. The Director shall issue a Type A certificate to the certificate holder for the portion of the subdivision retained by the certificate holder and for the remainder of the number of lots and the remainder of the estimated water demand. The sum of the number of lots and the sum of the amount of the estimated water demand shown on each certificate shall equal the total number of lots and the total estimated water demand shown on the certificate being assigned.

F. The Director shall review an application for an assignment of a Type A certificate of assured water supply pursuant to the licensing time-frame provisions in R12-15-401.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Amended by final rulemaking at 8 A.A.R. 4390, effective November 22, 2002 (Supp. 02-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-706 Assignment of Type B Certificate of Assured Water Supply

A. The certificate holder of a Type B certificate or a certificate issued before the effective date of this Section that has not been classified pursuant to R12-15-707 and the assignee may apply for approval of an assignment of the certificate to another person within the time allowed by A.R.S. § 45-579(A). The assignee may file the application if there is no certificate holder. The application shall be submitted on a form prescribed by the Director with the initial fee required by R12-15-103(C), and the applicant shall provide the following:

1. One of the following forms of proof of ownership for each assignee:

a. A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is submitted to the Director and demonstrating that the assignee is the owner of the land that is the subject of the proposed assignment; or

b. If the assignee is a potential purchaser, evidence of a purchase agreement;

2. A current plat of the subdivision;

3. An estimate of the 100-year water demand for the subdivision, based on the current plat;

4. Evidence that all necessary water rights, permits, licenses, contracts, and easements have been or will be assigned to the assignee of the certificate;

Evidence that the assignee has the financial capability to construct adequate delivery, storage, and treatment works for the subdivision according to the criteria in R12-15-720;

6. Evidence that all water supplies listed on the current certificate are physically, continuously, and legally available to meet the estimated water demand of the subdivision after the assignment;

7. Evidence that the proposed municipal provider has not changed and has agreed to serve the subdivision after the assignment;

8. If the applicant requests that the Director classify the certificate pursuant to subsection (E) of this Section, evidence that the requirements of R12-15-704(H)(1) are satisfied;

9. Any other information that the Director reasonably deems necessary to determine whether the application meets the criteria of A.R.S. § 45-579.

B. Each applicant shall sign the application for an assignment of a certificate. If an applicant is not a natural person, the entity's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If an applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the certificate, the authorized representative may sign the application on the applicant's behalf.

C. Upon receiving an application for an assignment, the Director shall post the notice required by A.R.S. § 45-579(E).

D. Except as provided in subsection (E) of this Section, if the Director determines that the application meets the criteria of A.R.S. § 45-579(A), the Director shall issue a Type B certificate to each applicant. A Type B certificate issued under this subsection shall retain the issue date, the number of lots, and the estimated water demand shown on the original certificate, except as provided in subsection (F) of this Section. The Director shall determine that the application meets the criteria of A.R.S. § 45-579(A) if all of the following apply:

1. The application is submitted within the time allowed by A.R.S. § 45-579(A);

2. The assignee is the owner or potential purchaser of the portion of the subdivision that is the subject of the assignment;

3. There have been no material changes to the plat for which the original certificate was issued, according to the criteria in R12-15-708;

4. The applicant demonstrates the financial capability to construct adequate delivery, storage, and treatment works for the subdivision according to the criteria in R12-15-720;

5. All necessary water rights, permits, licenses, contracts, and easements have been or will be assigned to the assignee of the certificate;

6. All water supplies listed on the current certificate are physically, continuously, and legally available to meet the estimated water demand of the subdivision after the assignment;

7. Neither the applicant nor a predecessor in interest has impaired the manner in which consistency with management goal requirements were satisfied when the original certificate was issued; and

8. The proposed municipal provider has agreed to serve the subdivision after the assignment.

E. The applicant may include in the application a request to classify the certificate as a Type A certificate. If the Director determines that the request meets the requirements of R12-15-704(H)(1), the Director shall classify the certificate as a Type A certificate.

F. In the case of a partial assignment, the Director shall determine whether changes to the plat are material according to R12-15-708. The Director shall issue a Type B certificate to the assignee for the portion of the subdivision that is the subject of the assignment and for the number of lots and the estimated water demand of the current plat of the portion of the subdivision that is the subject of the assignment. The Director shall issue a Type B certificate to the certificate holder for the portion of the subdivision retained by the certificate holder and for the remainder of the number of lots and the remainder of the estimated water demand. The sum of the number of lots and the sum of the amount of the estimated water demand shown on each certificate shall equal the total number of lots and the total estimated water demand shown on the certificate that is being assigned.

G. The Director shall review an application for an assignment of a Type B certificate pursuant to the licensing time-frame provisions in R12-15-401.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-707 Application for Classification of a Type a Certificate

A. A holder of a Type B certificate or a certificate issued before the effective date of this Section may apply to the Director to classify the certificate as a Type A certificate by submitting an application on a form prescribed by the Director with the initial fee prescribed in R12-15-103(C), and attaching evidence that the certificate meets the requirements of R12-15-704(H)(1).

B. At least one certificate holder shall sign the application for classification of a certificate as a Type A certificate. If the applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If the applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the certificate, the authorized representative may sign the application on behalf of the applicant.

C. If the applicant demonstrates that the requirements of R12-15-704(H)(1) are met, the Director shall classify the certificate as a Type A certificate and issue a Type A certificate to each certificate holder.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-708 Material Plat Change; Application for Review

A. A certificate or a water report is applicable to the original plat for which the certificate or water report was issued and to a revised plat, unless the plat changes are material according to subsections (C) and (D) of this Section.

B. If a plat is revised after the Director issues a certificate or a water report and the changes to the plat are material according to subsection (C) or (D) of this Section, the holder may:

1. Apply for a new certificate or water report for the revised plat,

2. Use the original plat for which the certificate or water report was issued, or

3. Revise the plat so that any changes are not material according to subsections (C) and (D) of this Section.

C. Changes to the plat for which a certificate or a water report has been issued are material if any of the following apply:

1. The 100-year water demand for the revised plat equals the 100-year water demand for the certificate or water report and the number of lots on the plat has increased by more than:

a. For subdivisions of six to 10 lots: one lot;

b. For subdivisions of 11 to 499 lots: 10%, rounding up to the nearest whole number; or

c. For subdivisions of 500 lots or more: 50 lots.

2. The 100-year water demand for the revised plat exceeds the estimated water demand for the certificate or water report, unless all of the following apply:

a. The 100-year water demand for the revised plat does not exceed the estimated water demand for the certificate or water report by more than 10%, rounding to the nearest whole acre-foot, or by more than 25 acre-feet per year, whichever is less;

b. The 100-year water demand is not greater than the supply demonstrated to be physically, continuously, and legally available at the time of issuance of the certificate or water report, and that water supply remains physically, continuously, and legally available; and

c. For a certificate, one of the following applies:

i. The subdivision is enrolled as a member land in the CAGRD;

ii. Groundwater is not included as a source of supply; or

iii. The subdivision is located in the Pinal AMA and the 100-year water demand for the revised plat will not exceed the sum of the amount of the groundwater allowance and the amount of any extinguishment credits pledged to the certificate, including extinguishment credits pledged after the certificate was issued.

d. The number of lots on the revised plat has not increased by more than:

i. For subdivisions of six to 10 lots: one lot;

ii. For subdivisions of 11 to 499 lots: 10%, rounding up to the nearest whole number; or

iii. For subdivisions of 500 or more: 50 lots.

3. For a certificate, additional land is included in the plat, unless all of the following apply:

a. The land included in the original plat for which the certificate was issued is located in a master-planned community;

b. The outer boundaries of the master-planned community have not expanded;

c. If the land included in the original plat for which the certificate was issued is enrolled as a member land in the CAGRD, the additional land has also been enrolled in the CAGRD; and

d. A certificate has been issued for the additional land.

D. Changes to a portion of a plat are not material if one of the following applies:

The changes to the portion of the plat being reviewed are not material according to subsection (C) of this Section when compared to the equivalent portion of the plat for which the certificate was issued;

2. The changes to the entire revised plat are not material according to subsection (C) of this Section when compared to the entire plat for which the certificate was issued; or

3. For a partial assignment pursuant to R12-15-705 or R12-15-706, the plat for the portion of the subdivision retained by the certificate holder could be configured so that changes to the total number of lots and the estimated water demand for the entire subdivision, including the portion under consideration, are not material according to subsection (C) of this Section. For purposes of this subsection, the Director may require the applicant to submit evidence demonstrating whether changes to the plat are material. However, the Director shall not require the applicant to submit a plat for the retained portion of a subdivision, unless the materiality of changes to the plat cannot be determined with any other evidence.

E. A person may apply for a review of a revised plat to determine whether any changes to the plat are material as follows:

1. The applicant shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and shall attach the revised plat.

2. The Director shall review the revised plat and the plat for which the certificate or water report was originally issued to determine whether any changes are material according to the criteria in subsections (C) and (D) of this Section.

3. The Director shall issue a letter to the applicant stating whether any changes to the plat are material and identifying which changes, if any, are material. If the Director determines that the changes to the plat are not material, the Director's letter shall state that the certificate or water report is applicable to the revised plat.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022.

Ariz. Admin. Code § R12-15-709 Certificate of Assured Water Supply; Revocation

A. The Director may revoke a certificate if an assured water supply does not exist.

B. The Director shall not revoke a certificate if any of the residential lots within the plat have been sold.

C. If the Director determines that a certificate should be revoked, the Director shall provide for an administrative hearing, in accordance with A.R.S. Title 41, Chapter 6, Article 10. To determine whether a certificate should be revoked, the Director shall use the standards in place at the time the original application was submitted for the certificate.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-710 Designation of Assured Water Supply

A. A municipal provider applying for a designation of assured water supply shall submit an application on a form prescribed by the Director with the fee required by R12-15-103(C) and provide the following:

1. The applicant's current demand;

2. The applicant's committed demand;

3. The applicant's projected demand for the proposed term of the designation;

4. If the applicant is seeking a reduction in the estimated water demand because gray water reuse systems will be installed, sufficient information for the Director to determine the appropriate reduction in demand;

45. The proposed term of the designation, which shall not be less than two years;

56. Evidence that the criteria in subsection (E) of this Section are met; and

67. Any other information that the Director determines is necessary to decide whether an assured water supply exists for the municipal provider.

B. An application for a designation shall be signed by:

1. If the applicant is a city or town, the city or town manager or a person employed in an equivalent position. The application shall also include a resolution of the governing body of the city or town, authorizing that person to sign the application; or

2. If the applicant is a private water company, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant.

C. The Director shall give public notice of an application for designation in the same manner as provided for certificates in A.R.S. § 45578. For an application to modify a designation of assured water supply to which Subsection (G) of this Section applies, the physical availability of the groundwater and stored water to be recovered outside the area of impact of storage sought to be included in the designation shall not be grounds for an objection.

D. After a complete application is submitted, the Director shall review the application and associated evidence to determine:

1. The annual volume of water physically, continuously, and legally available for at least 100 years

2. The term of the designation, which shall not be less than two years;

3. The applicant's estimated water demand. If the applicant demonstrates that gray water reuse systems will be installed, the Director shall reduce the estimated water demand for the subdivision by the volume the Director determines is likely to be saved through the gray water reuse systems;

4. The applicant's groundwater allowance; and

5. Whether the applicant has demonstrated compliance with all requirements in subsection (E) of this Section.

E. The Director shall designate the applicant as having an assured water supply if the applicant demonstrates all of the following:

1. Sufficient supplies of water are physically available to meet the applicant's estimated water demand, according to the criteria in R12-15-716 or as provided in subsection (G), (H) or (I) of this Section;

2. Sufficient supplies of water are continuously available to meet the applicant's estimated water demand, according to the criteria in R12-15-717;

3. Sufficient supplies of water are legally available to meet the applicant's estimated water demand, according to the criteria in R12-15-718;

4. The proposed sources of water are of adequate quality, according to the criteria in R12-15-719;

5. The applicant has the financial capability to construct adequate delivery, storage, and treatment works in a timely manner according to the criteria in R12-15-720;

6. Any proposed groundwater use is consistent with the management plan in effect at the time of the application, according to the criteria in R12-15-721; and

7. Any proposed use of groundwater withdrawn within an AMA is consistent with the management goal, according to the criteria in R12-15-722.

F. The Director shall review an application for a designation of assured water supply pursuant to the licensing time-frame provisions in R12-15-401.

G. For an application seeking to modify a designation of assured water supply that does not include a volume of groundwater or stored water recovered outside the area of impact pursuant to subsection (H) or (I) of this Section, the Director shall not review the physical availability of the volume of groundwater and stored water to be recovered outside the area of impact sought to be included in the designation if the total volume of those sources sought to be included in the designation does not exceed the total volume of those sources included in the previous designation of assured water supply that are required to be accounted for pursuant to A.A.C. R12-15-716(B)(3)(c)(ii), minus the sum of the following:

1. The volume of groundwater withdrawn by the applicant since the previous designation of assured water supply order issuance date; and

The volume of stored water recovered outside the area of impact by the applicant since the previous designation of assured water supply order issuance date.

H. For a new application for a designation of assured water supply in the Phoenix and Pinal Active Management Areas, a volume of groundwater and stored water recovered outside the area of impact, as calculated in subsection (H)(1), (2) and (3) of this Section, shall be deemed physically available if the Director determines that a New Alternative Water Supply included in the application meets the requirements in R12-15-716 through R12-15-720. The volume of groundwater and stored water recovered outside the area of impact shall be calculated as follows:

1. Add the total volume of groundwater withdrawn and stored water recovered outside the area of impact within the service area of applicant during the calendar year 2023 to the estimated groundwater and stored water recovered outside the area of impact demand for unbuilt portions of issued certificates of assured water supply as of 2023 that are or will be within the service area of the applicant, and multiply the sum by 100;

2. Multiply 25 percent of each New Alternative Water Supply included in the designation by 100; and

3. Subtract the total volume calculated in subsection (H)(2) of this Section from the total volume calculated in subsection (H)(1).

4. The Director shall use the annual report submitted by the municipal provider for calendar year 2023, as verified by the Director, for purposes of this calculation.

I. For an application seeking to modify a designation of assured water supply that includes a volume of groundwater and stored water recovered outside the area of impact pursuant to subsection (H) of this Section, the following apply:

1. The 100-year volume calculated pursuant to subsection (H) of this Section shall be reduced by the volume of groundwater withdrawn and stored water recovered outside the area of impact by the applicant since the previous designation order issuance date; and

2. The 100-year volume calculated pursuant to subsection (H) of this Section shall be further reduced by 25 percent of the 100-year volume of each New Alternative Water Supply included in any modified designation but not included in the previous designation.

J. The Director shall not include any additional sources of groundwater withdrawn from the AMA or stored water recovered outside the area of impact in the AMA in a designation of assured water supply that includes a volume of groundwater and stored water recovered outside the area of impact pursuant to subsection (H) or (I) of this Section.

K. An applicant that includes a volume of groundwater or stored water recovered outside the area of impact pursuant to subsection (H) or (I) of this Section must be enrolled as a member service area with the CAGRD.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022. Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-711 Designation of Assured Water Supply; Annual Report Requirements, Review, Modification, Revocation

A. A designated provider shall include in the annual report required by A.R.S. § 45-632 the following information for the preceding calendar year:

1. The designated provider's committed demand;

2. The demand at build-out for customers with which the designated provider has entered into an agreement to serve water, other than committed demand;

3. A report regarding the designated provider's compliance with water quality requirements;

4. The depth-to-static water level of all wells from which the designated provider withdrew water; and

5. Any other information the Director may reasonably require to determine whether the designated provider continues to meet the criteria for a designation of assured water supply.

B. If there is a change of ownership, the subsequent owner of a designated provider shall notify the Director in writing of the change in ownership within 90 days.

C. The Director shall review a designation at least every 15 years following issuance of the designation to determine whether the designation should be modified or revoked. To determine whether the designation should be modified or revoked, the Director shall use the standards in place at the time of review.

D. The Director may modify a designation for good cause, including a merger, division of the designated provider, or a change in ownership of the designated provider. A designation that includes a volume of groundwater pursuant to R12-15-710 (H) or (I) shall be for an initial term of no greater than 15 years.

E. A designated provider may request a modification of the designation at any time pursuant to R12-15-710.

F. The Director may revoke a designation if:

1. After notifying the designated provider and initiating a review of the designated provider's status, the Director determines that the designated provider has less water, according to the criteria in R12-15-710(E), than the amount required for a 100-year supply for the provider's:

a. Current demand,

b. Committed demand, and

c. Projected demand during the next two calendar years;

2. The designated provider fails to construct adequate delivery, storage, and treatment works in a timely manner;

3. ADEQ or another governmental entity with equivalent jurisdiction has determined, after notice and an opportunity for a hearing, that the designated provider is in significant noncompliance with A.A.C. Title 18, Chapter 4 and is not taking action to resolve the noncompliance; or

4. The designated provider has violated its management plan requirements for two or more consecutive calendar years, and one of the following applies:

a. The provider fails to amend its water use plan in a manner that the Director determines will achieve compliance, or

b. The provider fails to sign a stipulated agreement to remedy the violation.

G. If the Director determines that a designation of assured water supply should be revoked, the Director shall provide for an administrative hearing, in accordance with A.R.S. Title 41, Chapter 6, Article 10.

H. If a designated provider's designated status terminates, the provider may apply for re-designation at anytime after termination.

I. Notwithstanding any other provision in this Article, a decision and order of the Director designating a city, town, or private water company as having an assured water supply is not affected by this Article solely because the rule numbers cited in the decision and order may have changed after the effective date of the decision and order.

J. During the term of the designation, a designated provider may request an expedited modification of the designation to include additional water supplies that do not include groundwater or stored water recovered outside the area of impact from an AMA. The Director shall review only the following for an expedited modification under this subsection:

1. The proposed current, committed and projected demands under the current term of the designation; and

2. The assured water supply requirements for the additional water supply pursuant to R12-15-710(I), if applicable, and R12-15-716 through R12-15-722.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-712 Analysis of Adequate Water Supply

A. A person proposing to develop land outside an AMA that will not be served by a designated provider may apply for an analysis of adequate water supply before applying for a water report. An applicant for an analysis must be the owner of the land that is the subject of the application or have the written consent of the owner. The commissioner of the Arizona State Land Department may apply for an analysis for land owned by the state of Arizona outside an AMA or may consent to the inclusion of such land in an application.

B. An applicant for an analysis shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and attach the following:

1. A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is submitted to the Director, demonstrating the ownership of the land that is the subject of the application;

2. A description of the development, including:

a. A map of the land uses included in the development,

b. A list of water supplies proposed to be used by the development,

c. A summary of land use types included in the development, and

d. An estimate of the water demand for the land uses included in the development; and

3. Evidence that the applicant has complied with subsection (E) of this Section.

C. An applicant shall sign the application for an analysis. If an applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If the applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land that is the subject of the water report, the authorized representative may sign the application on the applicant's behalf.

D. After a complete application is submitted, the Director shall determine the estimated water demand of the development.

E. The Director shall issue an analysis if an applicant demonstrates one or more of the following:

1. Sufficient supplies of water are physically available to meet all or part of the estimated water demand of the development for 100 years, according to the criteria in R12-15-716;

2. Sufficient supplies of water are continuously available to meet the estimated water demand of the development for 100 years, according to the criteria in R12-15-717;

3. Sufficient supplies of water are legally available to meet the estimated water demand of the development for 100 years, according to the criteria in R12-15-718;

4. The proposed sources of water are of adequate quality, according to the criteria in R12-15-719.

F. For 10 years after the Director issues an analysis, or a longer period allowed under subsections (H) or (I) of this Section:

1. If groundwater is a source of supply in the analysis and the applicant demonstrates that groundwater is physically available under subsection (E)(1), the Director shall consider that supply of groundwater reserved for the use of the proposed development in subsequent determinations of physical availability pursuant to R12-15-716(B).

2. If an analysis holder applies for a water report for a subdivision located on land included in the analysis, the Director shall presume that a criterion demonstrated in the analysis remains satisfied with respect to the subdivision, unless the Director has received new evidence demonstrating that the criterion is not satisfied. If the Director issues the water report, the Director shall reduce the volume of groundwater reserved pursuant to subsection (F)(1) of this Section by the amount of the estimated water demand for the water report that will be met with groundwater.

G. The Director shall reduce the amount of water considered reserved for use of the development upon request by the analysis holder. If the analysis holder requesting a reduction is not the person to whom the analysis was issued, the Director shall reduce the amount of reserved groundwater only if the person to whom the analysis was issued or that person's designee consents to the request for reduction. The person to whom the analysis was issued shall notify the Director in writing of the person's designee for purposes of this subsection.

H. The analysis holder may apply to the Director for a five-year extension of the time period in subsection (F) of this Section by submitting an application on a form prescribed by the Director no earlier than 36 months before the end of the time period and no later than 30 days before the end of the time period. If an extension is granted, the analysis holder may apply to the Director for an additional five-year extension by submitting an application on a form prescribed by the Director no earlier than 36 months before the end of the extended time period and no later than 30 days before the end of the extended time period. The Director shall extend the time period for no more than two successive five-year periods under this subsection if the analysis holder demonstrates one of the following:

1. The analysis holder has made a substantial capital investment in developing the land included in the analysis.

The analysis holder has made material progress in developing the land included in the analysis.

3. Progress in developing the land included in the analysis has been delayed for reasons outside the control of the analysis holder.

I. After the Director grants two five-year extensions pursuant to subsection (H) of this Section, the Director may extend the time period for additional five-year periods if the analysis holder files a timely application pursuant to subsection (H) of this Section and demonstrates one of the criteria in subsections (H)(1), (2), or (3) of this Section.

J. The Director shall review an application for an analysis or an application for an extension pursuant to subsections (H) or (I) of this Section pursuant to the licensing time-frame provisions in R12-15-401.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-713 Water Report

A. An application for a water report shall be filed by the current owner of the land that is the subject of the application.

B. An applicant for a water report shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and provide the following:

1. A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is filed and demonstrating that the applicant is the owner of the land that is the subject of the application;

2. A plat of the subdivision;

3. An estimate of the 100-year water demand for the subdivision;

4. A list of all proposed sources of water that will be used by the subdivision;

5. If the applicant is seeking a finding that the subdivision has an adequate water supply, evidence that the criteria in subsection (E) of this Section are met; and

6. Any other information that the Director reasonably determines is necessary to decide whether an adequate water supply exists for the subdivision.

C. Each applicant shall sign the application for a water report. If an applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If an applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the water report, the authorized representative may sign the application on the applicant's behalf.

D. After a complete application is submitted, the Director shall review the application and associated evidence to determine:

1. The estimated water demand of the subdivision,

2. Whether the applicant has demonstrated all of the requirements in subsection (E) of this Section.

E. The Director shall determine that the subdivision has an adequate water supply if the applicant demonstrates all of the following:

1. Sufficient supplies of water are physically available to meet the estimated water demand of the subdivision, according to the criteria in R12-15-716;

2. Sufficient supplies of water are continuously available to meet the estimated water demand of the subdivision, according to the criteria in R12-15-717;

3. Sufficient supplies of water are legally available to meet the estimated water demand of the subdivision, according to the criteria in R12-15-718;

4. The proposed sources of water will be of adequate quality, according to the criteria in R12-15-719;

5. The applicant has the financial capability to construct adequate delivery, storage, and treatment works for the subdivision according to the criteria in R12-15-720.

F. The Director shall issue a water report to the applicant that states whether the applicant has complied with the requirements in subsection (E) of this Section.

G. The Director shall review an application for a water report pursuant to the licensing time-frame provisions in R12-15-401.

H. The Director may review or modify a water report if the Director receives new evidence regarding the criteria in subsection (E) of this Section. The Director shall not modify a water report pursuant to this subsection if any of the residential lots included in the plat have been sold. To determine whether a water report should be modified pursuant to this subsection, the Director shall use the standards in place at the time the original application was submitted for the water report. If the Director modifies a water report, the Director shall:

1. Provide for an administrative hearing pursuant to A.R.S. Title 41, Chapter 6, Article 10; and

2. Notify the Arizona Department of Real Estate.

I. An owner of land that is the subject of a water report may request a modification of the water report at any time by submitting an application in accordance with subsection (B) of this Section. To determine whether a water report should be modified pursuant to this Section, the Director shall use the standards in place at the time of review.

J. A water report is subject to the provisions of R12-15-708.

K. An owner of a subdivision that is located within a mandatory adequacy jurisdiction and that will be served Colorado River water by a municipal provider may apply for an exemption from the requirement to obtain an adequate water supply determination from the director or a commitment of water service from a designated provider according to A.R.S. § 45-108.03(A)(1)(b) by submitting an application on a form prescribed by the Director and demonstrating that the criteria in subsection (K)(2) of this Section are met. Upon receiving an application according to this subsection, the Director shall:

1. Review the application according to the licensing time frame provisions in R12-15-401.

2. Determine whether the applicant has demonstrated that all of the following apply:

a. Sufficient supplies of water will not be legally available to meet the estimated water demand of the subdivision in a timely manner because the municipal provider will serve Colorado River water to the subdivision and the municipal provider does not currently have the legal right to serve the Colorado River water to the subdivision;

b. The municipal provider currently has an entitlement to Colorado River water, according to the criteria in R12-15-718(G);

c. The municipal provider will have the legal right to serve the Colorado River water to the subdivision within 20 years;

d. An interim water supply will be used to serve the subdivision until the municipal provider has the legal right to serve the Colorado River water to the subdivision and the interim water supply meets all of the criteria in subsection (E) of this Section, except that the supply will be available for the interim period and not for 100 years; and

e. When the municipal provider has the legal right to serve the Colorado River water to the subdivision, the Colorado River water supply will meet all of the criteria in subsection (E) of this Section.

3. If the Director determines that the criteria of subsection (K)(2) are met, issue a letter to the applicant, the platting authority, and the Arizona Department of Real Estate stating that the owner is exempt from the requirement to obtain an adequate water supply determination from the director or a commitment of water service from a designated provider.

L. An owner of a subdivision that is located within a mandatory adequacy jurisdiction and that will be served by a water supply project under construction may apply for an exemption from the requirement to obtain an adequate water supply determination from the director or a commitment of water service from a designated provider according to A.R.S. § 45-108.03(A)(1)(a) by submitting an application on a form prescribed by the Director and demonstrating that the criteria in subsection (L)(2) of this Section are met. Upon receiving an application according to this subsection, the Director shall:

1. Review the application according to the licensing time frame provisions in R12-15-401.

2. Determine whether the applicant has demonstrated that all of the following apply:

a. Sufficient supplies of water will not be available to meet the estimated water demand of the subdivision in a timely manner because the physical works for delivering water to the subdivision are not complete;

b. The physical works for delivering water to the subdivision are under construction and will be completed within 20 years;

c. An interim water supply will be used to serve the subdivision until the physical works for delivering water to the subdivision are fully constructed and the interim water supply meets all of the criteria in subsection (E) of this Section, except that supply will be available for the interim period and not for 100 years; and

d. When the physical works for delivering water to the subdivision are fully constructed, the water supply will meet all of the criteria in subsection (E) of this Section.

3. If the Director determines that the criteria of subsection (L)(2) of this Section are met, issue a letter to the applicant, the platting authority, and the Arizona Department of Real Estate stating that the owner is exempt from the requirement to obtain an adequate water supply determination from the director or a commitment of water service from a designated provider.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022.

Ariz. Admin. Code § R12-15-714 Designation of Adequate Water Supply

A. A municipal provider applying for a designation of adequate water supply shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and the following:

1. The applicant's current demand;

2. The applicant's committed demand;

3. The applicant's projected demand for the proposed term of the designation;

4. The proposed term of the designation, which shall not be less than two years;

5. Evidence that the criteria in subsection (E) of this Section are met; and

Any other information that the Director determines is necessary to decide whether an adequate water supply exists for the municipal provider.

B. A city or town, other than a municipal provider, that is applying for a designation shall submit an application on a form prescribed by the Director with the initial fee required in R12-15-103(C), and provide the following:

1. The current demand of the applicant's service area;

2. The committed demand of the applicant's service area;

3. The projected demand of the applicant's service area for the proposed term of the designation;

4. The proposed term of the designation, which shall not be less than two years; and

5. Evidence that the requirements in A.R.S. § 45-108(D) are met.

C. An application for a designation shall be signed by:

1. If the applicant is a city or town, the city or town manager or a person employed in an equivalent position. The application shall also include a resolution of the governing body of the city or town, authorizing that person to sign the application; or

2. If the applicant is a private water company, the applicant's authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant.

D. After a complete application is submitted, the Director shall review the application and associated evidence to determine:

1. The annual volume of water that is physically, continuously, and legally available for at least 100 years;

2. The term of the designation, which shall not be less than two years;

3. The estimated water demand for the applicant's service area for 100 years; and

4. Whether the applicant has demonstrated compliance with all requirements in subsection (E) or (F) of this Section.

E. The Director shall designate the applicant has having an adequate water supply pursuant to subsection (A) of this Section if the applicant demonstrates all of the following:

1. Sufficient supplies of water are physically available to meet the applicant's estimated water demand, according to the criteria in R12-15-716;

2. Sufficient supplies of water are continuously available to meet the applicant's estimated water demand, according to the criteria in R12-15-717;

3. Sufficient supplies of water are legally available to meet the applicant's estimated water demand, according to the criteria in R12-15-718;

4. The proposed sources of water are of adequate quality, according to the criteria in R12-15-719; and

5. The applicant has the financial capability to construct adequate delivery, storage, and treatment works in a timely manner according to the criteria in R12-15-720.

F. The Director shall issue a designation pursuant to subsection (B) of this Section if the applicant demonstrates that the requirements of A.R.S. § 45-108(D) are met.

G. The Director shall review an application for a designation of adequate water supply pursuant to the licensing time-frame provisions in R12-15-401.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-715 Designation of Adequate Water Supply; Annual Report Requirements, Review, Modification, Revocation

A. By March 31 of each calendar year, a designated provider shall submit the following information for the preceding calendar year on a form provided by the Director:

1. The designated provider's committed demand;

2. The demand at build-out for customers with which the designated provider has entered into an agreement to serve water, other than committed demand;

3. A report regarding the designated provider's compliance with water quality requirements;

4. The depth-to static water level of all wells from which the designated provider withdrew water;

5. A report regarding volume of water withdrawn, diverted, or received from each source for delivery to customers;

6. Any other information the Director may reasonably require to determine whether the designated provider continues to meet the criteria for a designation of adequate water supply.

B. If there is a change of ownership, the subsequent owner of a designated provider shall notify the Director in writing of the change in ownership within 90 days.

C. The Director shall review a designation at least every 15 years following issuance of the designation to determine whether the designation should be modified or revoked.

D. The Director may modify a designation for good cause, including a merger, division of the designated provider, or a change in ownership of the designated provider. A designated provider may request a modification of the designation at any time pursuant to R12-15-714. To determine whether the designation should be modified, the Director shall use the standards in place at the time of review.

E. The Director may revoke a designation if:

1. After notifying the designated provider and initiating a review of the designated provider's status, the Director deter mines that the designated provider has less water, according to the criteria in R12-15-714(E), than the amount required for a 100-year supply for the provider's:

a. Current demand,

b. Committed demand, and

c. Projected demand for the next two calendar years;

2. The designated provider fails to construct adequate delivery, storage, and treatment works in a timely manner; or

3. ADEQ or another governmental entity with equivalent jurisdiction has determined, after notice and an opportunity for a hearing, that the designated provider is in significant noncompliance with A.A.C. Title 18, Chapter 4 and is not taking action to resolve the noncompliance.

F. To determine whether the designation should be revoked, the Director shall use the standards in place at the time of review. If the Director determines that a designation of adequate water supply should be revoked, the Director shall provide for an administrative hearing, in accordance with A.R.S. Title 41, Chapter 6, Article 10.

G. If a designated provider's designated status terminates, the provider may apply for re-designation at anytime after termination.

H. Notwithstanding any other provision in this Article, a decision and order of the Director designating a city, town, or private water company as having an assured water supply is not affected by this Article solely because the rule numbers cited in the decision and order may have changed after the effective date of the decision and order.

History

• Historical Head Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-716 Physical Availability

A. The volume of a proposed source of water that is physically available to an applicant for a determination of assured water supply or a determination of adequate water supply is the amount determined by the Director to be physically available pursuant to subsections (B) through (L) of this Section.

B. If the proposed source is groundwater, the applicant shall submit a hydrologic study, using a method of analysis approved by the Director, that accurately describes the hydrology of the affected area. Except as provided in subsection (D) of this Section, the Director shall determine that the proposed volume of groundwater will be physically available for the proposed use if both of the following apply:

1. The groundwater will be withdrawn as follows:

a. Except as provided in subsection (B)(1)(b) of this Section, from wells owned by the applicant or the proposed municipal provider that are located within the service area of the applicant or the proposed municipal provider or from proposed wells that the Director determines are likely to be constructed for future uses of the applicant or the proposed municipal provider.

b. If the application is for a dry lot development, from wells that the Director determines are likely to be constructed on individual lots.

2. Except as provided in subsection (C) of this Section, the groundwater will be withdrawn from depths that do not exceed the applicable maximum 100-year depth-to-static water level according to the following:

| Type and location of development | Maximum 100-year depth-to-static water level | | --- | --- | | a. Developments in Phoenix, Tucson, or Prescott AMAs, except dry lot developments | 1000 feet below land surface | | b. Developments in Pinal AMA, except dry lot developments | 1100 feet below land surface | | c. Developments outside AMAs, except dry lot developments | 1200 feet below land surface | | d. Dry lot developments | 400 feet below land surface |

The Director shall calculate the projected 100-year depth-to-static water level by adding the following for the area where groundwater withdrawals are proposed to occur:

a. The depth-to-static water level on the date of application.

b. The projected declines caused by existing uses, using the projected decline in the 100-year depth-to-static water level during the 100-year period after the date of application, calculated using records of declines for the maximum period of time for which records are available up to 25 calendar years before the date of application. If evidence is provided to the Director of likely changes in pumpage patterns and aquifer conditions, as opposed to those patterns and conditions occurring historically, the Director may determine projected declines using a model rather than evidence of past declines.

c. The projected decline in the depth-to-static water level during the 100-year period after the date of application, calculated by adding the projected decline from each of the following that are not accounted for in subsection (B)(3)(b) of this Section:

i. The estimated water demand of issued certificates and water reports that will be met with groundwater or stored water recovered outside the area of impact of the stored water, not including the demand of subdivided lots included in abandoned plats;

ii. The estimated water demand of designations that will be met with groundwater or stored water recovered outside the area of impact of the stored water; and

iii. The groundwater reserved for developments for which the Director has issued an analysis pursuant to R12-15-703 or R12-15-712.

d. The projected decline in depth-to-static water level that the Director projects will result from the applicant's proposed use over a 100-year period.

C. The Director shall lower the maximum 100-year depth-to-static water level requirement specified in subsection (B)(2) of this Section for an applicant seeking a determination of adequate water supply if the applicant demonstrates both of the following:

1. Groundwater is available at the lower depth; and

2. The applicant has the financial capability to obtain the groundwater at the lower depth, according to the criteria in R12-15-720.

D. If the proposed source is groundwater that will be withdrawn from a groundwater basin outside an AMA and transported into an AMA, the Director shall determine that the proposed volume of groundwater will be physically available if both of the following apply:

1. The groundwater will be withdrawn from wells owned by the applicant or the proposed municipal provider or from proposed wells that the Director determines are likely to be constructed for the future uses of the applicant or the proposed municipal provider.

2. Withdrawal of the groundwater will comply with any depth-to-static water level criteria, decline rate criteria, and volume limitation criteria prescribed by statute. If there are no applicable depth-to-static water level criteria prescribed by statute, withdrawal of the groundwater shall comply with the depth-to-static water level criteria in subsection (B)(2) of this Section.

E. Subject to subsection (L) of this Section, if the proposed source of water is surface water, other than CAP water, or Colorado River water, the Director shall determine the annual volume of water that is physically available for the proposed use, taking into consideration the priority date of the right or claim, by calculating 120% of the firm yield of the proposed source at the point of diversion as limited by the capacity of the diversion works; except that if the applicant demonstrates that an alternative source of water will be physically available during times of shortage in the proposed surface water supply, the Director shall determine the annual volume of water available by calculating 100% of the median flow of the proposed source at the point of diversion as limited by the capacity of the diversion works. The Director shall determine the firm yield or median flow as follows:

1. By calculating the firm yield or median flow at the point of diversion based on at least 20 calendar years of flow records from the point of diversion, unless 20 calendar years of records are unavailable and the Director determines that a shorter period of record provides information necessary to determine the firm yield or median flow; or

2. By calculating the firm yield or median flow at the point of diversion using a hydrologic model that projects the firm yield or median flow, taking into account at least 20 calendar years of historic river flows, changes in reservoir storage facilities, and projected changes in water demand. The yield available to any applicant may be composed of rights to stored water, direct diversion, or normal flow rights. If the permit for the water right was issued less than five years before the date of application, the Director shall require the applicant to submit evidence, as applicable, in accordance with this subsection.

F. Subject to subsection (L) of this Section, if the proposed source of water is CAP water, the Director shall determine the annual volume of water that is physically available for the proposed use as follows:

1. If the applicant or the proposed municipal provider has a non-declining, long-term municipal and industrial subcontract for CAP water, calculate 100% of the annual amount of water established in the subcontract.

If the applicant has a lease for Indian priority CAP water, calculate 100% of the annual amount of water established in the lease.

3. If the applicant has a subcontract for CAP water other than a non-declining, long-term municipal and industrial subcontract or a lease for Indian priority CAP water:

a. If the applicant submits evidence of sufficient backup water supplies, calculate 100% of the annual amount of water established in the subcontract. The applicant may establish backup water supplies by one or more of the following:

i. A drought response plan;

ii. Long-term storage credits;

iii. A contract for water with a multi-county water conservation district; or

iv. Evidence of other backup supplies that are physically, continuously, and legally available.

b. If the applicant does not submit evidence of sufficient backup water supplies pursuant to subsection (F)(3)(a) of this Section, calculate the percentage of the annual amount of water established in the subcontract that reasonably reflects the reliability of the applicant's CAP water supply.

G. Subject to subsection (L) of this Section, if the proposed source of water is Colorado River water, the Director shall determine the annual volume of water that is physically available for the proposed use as follows:

1. If the priority of the contract for Colorado River water provides reliability equal to or better than CAP municipal and industrial water, calculate 100% of the annual amount of water established in the contract.

2. If the contract for Colorado River water provides reliability that is less than CAP municipal and industrial water:

a. If the applicant submits evidence of sufficient backup water supplies, calculate 100% of the annual amount of water in the contract. The applicant may establish backup water supplies by one or more of the following:

i. A drought response plan;

ii. Long-term storage credits;

iii. A contract for water with a multi-county water conservation district; or

iv. Evidence of other backup supplies that are physically, continuously, and legally available.

b. If the applicant does not submit evidence of sufficient backup water supplies pursuant to subsection (G)(2)(a) of this Section, calculate the percentage of the annual amount of water established in the contract that reasonably reflects the reliability of the applicant's Colorado River water supply.

H. Subject to subsection (I) of this Section, if the proposed source of water is effluent, the Director shall determine the annual volume of water that will be physically available by evaluating the current, metered production or the projected production of effluent. The volume of effluent that is physically available shall not include the following:

1. If the effluent will be delivered directly from a wastewater treatment plant, the volume of effluent that exceeds the applicant's estimated water demand that will be met with effluent; and

2. The volume of effluent that does not comply with any applicable water quality requirements for the proposed use of the effluent.

I. If the proposed source of water is stored water to be recovered from recovery wells, the Director shall determine the volume of water that is physically available for the proposed use as follows:

If the stored water is represented by long-term storage credits in existence on the date of application, the amount that is physically available is the amount that may be recovered pursuant to the credits in a manner consistent with A.R.S. Title 45, Chapter 3.1, subject to subsection (I)(3) of this Section.

2. If the applicant proposes to use long-term storage credits that do not exist on the date of application or recover stored water on an annual basis pursuant to A.R.S. § 45-851.01, the Director shall evaluate the following in determining whether to include the proposed credits or the water proposed to be stored and recovered annually in the amount of water that is physically available for the applicant's proposed use:

a. The terms of a contract to obtain water to store in a storage facility;

b. The physical, continuous, and legal availability of the water proposed to be stored;

c. The presence of an existing storage facility that will be available for use for the proposed storage;

d. The existence of all required permits of an adequate duration; and

e. Whether recovery of the stored water will comply with subsection (I)(3) of this Section.

3. If the applicant proposes to recover the stored water from recovery wells located outside the area of impact of storage, the stored water will be considered physically available only if sufficient water exists for the withdrawals consistent with both of the following:

a. The maximum 100-year depth-to-static water level requirements established in subsection (B)(2) of this Section; and

b. Any criteria for the withdrawals prescribed in the management plan in effect at the time of the application.

J. If the applicant will obtain the source of water through a water exchange agreement, the Director shall determine that the water is physically available for the proposed use if the applicant submits evidence that the source of water the applicant or the applicant's customers will use will be physically available in accordance with the terms of this Section.

K. In the case of two or more pending, conflicting, complete and correct applications for determinations of assured water supply or determinations of adequate water supply, the Director shall give priority to the application with the earliest priority date. The priority date of an application for a determination of assured water supply or determination of adequate water supply shall be the date that a complete and correct application is filed with the Director. The Director shall consider an application complete and correct if it contains all the information required and the Director verifies that the information is accurate.

L. For a certificate applicant that proposes to use surface water, the Director shall determine that the proposed source is physically available only if the applicant demonstrates one of the following:

1. The land that is the subject of the application is a member land of the CAGRD.

2. The applicant has independently obtained the surface water supply.

3. The proposed municipal provider would satisfy the criteria in R12-15-722 if the municipal provider were subject to those requirements.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-717 Continuous Availability

A. The Director shall determine that an applicant will have sufficient supplies of water that will be continuously available for 100 years if the applicant submits sufficient evidence that adequate delivery, storage, and treatment works will be in place in a timely manner to make the water available to the applicant or the applicant's customers for 100 years and the applicant meets any applicable requirements in subsections (B) through (G) of this Section.

B. If the proposed source of water is groundwater, the applicant shall demonstrate that wells of a sufficient capacity will be constructed in a timely manner to serve the proposed uses on a continuous basis for 100 years.

C. If the proposed source of water is surface water other than CAP water or Colorado River water, the applicant shall demonstrate that a continuous supply will exist because of one or more of the following:

1. The projected volume to be diverted from the source is perennial at the point of diversion;

2. Adequate storage facilities will be available to the applicant in a timely manner to store water for use when a volume of surface water is not available at the point of diversion to satisfy the applicant's water demands;

The applicant has presented evidence of supplies of other sources of water that the Director has determined will be physically, continuously, and legally available to supplement the applicant's proposed surface water supplies;

4. The applicant or the proposed municipal provider will withdraw surface water from wells of sufficient capacity to meet the applicant's estimated water demand on a continuous basis for 100 years; or

5. The applicant has submitted a drought response plan that the Director has determined will conserve or augment a volume of water equal to the volume of water that is subject to drought.

D. If the proposed source of water is CAP water or Colorado River water, the applicant shall demonstrate that a continuous supply is available because of one or more of the following:

1. Adequate storage facilities will be available to the applicant in a timely manner to store water when a volume of CAP water or Colorado River water is not available to meet the applicant's water demands;

2. The applicant has presented evidence of supplies of other sources of water that the Director has determined will be physically, continuously, and legally available to the applicant to supplement the proposed CAP water or Colorado River water supplies; or

3. The applicant has submitted a drought response plan that the Director has determined will conserve or augment a volume of water equal to the volume subject to drought.

E. If the proposed source of water is effluent, the applicant shall demonstrate that the capability to use the effluent to meet the demands of the proposed use will not be affected by any fluctuations in the supply of the effluent.

F. If the proposed source of water is stored water to be recovered from recovery wells, the applicant shall demonstrate that recovery wells of a sufficient capacity will be constructed in a timely manner to serve the proposed use on a continuous basis for 100 years.

G. If an applicant will obtain the source of water through a water exchange agreement, the applicant shall demonstrate that the source of water the applicant or the applicant's customers will use will be continuously available in accordance with the terms of this Section.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Amended by emergency rulemaking at 11 A.A.R. 2706, effective June 29, 2005 for 180 days (Supp. 05-2). Emergency renewed for 180 days at 12 A.A.R. 144, effective December 23, 2005 (Supp. 05-4). Emergency expired. Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-718 Legal Availability

A. The Director shall determine that an applicant will have sufficient supplies of water that will be legally available for at least 100 years if the applicant submits all of the applicable information required by this Section.

B. If the applicant is an applicant for a certificate or a water report, the applicant shall submit the following, as applicable:

1. A Notice of Intent to Serve agreement between the owner of the land to be included in the subdivision and the proposed municipal provider, stating the proposed municipal provider's intent to serve the subdivision;

If the proposed municipal provider is a city or town, evidence indicating that the proposed subdivision is located within the incorporated limits of the city or town or evidence of the legal right of the city or town to serve water to the subdivision outside the city or town's incorporated limits; or

3. If the proposed municipal provider is a private water company, one of the following:

a. Evidence that the proposed municipal provider has a certificate of convenience and necessity approved by the Arizona Corporation Commission and the subdivision is located within the geographic area described in the certificate of convenience and necessity or any other area in which the Arizona Corporation Commission authorizes the private water company to serve water;

b. Evidence that the proposed municipal provider has an order preliminary issued by the Arizona Corporation Commission authorizing the municipal provider to provide water service and the proposed subdivision is located within the area described in the order preliminary; or

c. Evidence that the proposed municipal provider is not a public service corporation regulated by the Arizona Corporation Commission.

C. If the applicant is a private water company applying for a designation, the applicant shall submit evidence that the applicant has a certificate of convenience and necessity approved by the Arizona Corporation Commission, or has been issued an order preliminary by the Arizona Corporation Commission for a certificate of convenience and necessity, authorizing the applicant to serve the proposed use.

D. If a proposed source of water is groundwater to be withdrawn within an AMA, the applicant shall submit evidence that the applicant or the proposed municipal provider has one or more of the following:

1. A service area right;

2. An applicable non-irrigation grandfathered right to withdraw groundwater, in an amount sufficient to serve the proposed use; or

3. A pending notice of intent to establish a new service area and all of the following apply:

a. The notice of intent to establish a new service area identifies the proposed subdivision,

b. The applicant or the proposed municipal provider has obtained a permit for any wells used to establish the service area right,

c. The proposed municipal provider has obtained a water right or recovery well permit to establish the service area right, and

d. The water right is of sufficient volume and duration to meet the estimated water demand of the proposed subdivision until the anticipated date of issuance of a service area right.

E. If a proposed source of water is surface water other than CAP water or Colorado River water:

1. The applicant shall submit evidence that the applicant or the proposed municipal provider has a certificated surface water right, decreed water right, or a pre-1919 claim for the proposed source. If the applicant or the proposed municipal provider does not hold a surface water right or claim, but will receive water pursuant to a water right or claim that is appurtenant to the land that is the subject of the application, the applicant shall submit evidence of the water right or claim and evidence that the water right or claim may neither be legally withheld nor severed and transferred by the right holder or claimant.

2. If the certificated surface water right or decreed water right pre-dates the date of application by at least five years, or the applicant submits a pre-1919 claim, the applicant shall submit one of the following:

a. Evidence that the surface water supply has been used pursuant to the applicable water right or claim within the five years before the date of application;

b. Evidence that a court has determined that the right has not been abandoned; or

c. Evidence that the non-use would not have resulted in an abandonment of the right pursuant to A.R.S. § 45-189.

3. The Director shall determine that the volume of water that is legally available pursuant to a certificated surface water right, a decreed water right, or a pre-1919 claim is equal to the face value of the right or claim. If the right or claim is subsequently adjudicated, the Director shall determine the volume of water that is legally available based on the adjudicated amount of water.

F. Subject to subsections (M) and (N) of this Section, if a proposed source of water is CAP water, the applicant shall submit evidence that the applicant or the proposed municipal provider has entered into a subcontract with a multi-county water conservation district for the proposed volume of CAP water. The Director shall presume that a 50-year long-term, non-declining municipal and industrial subcontract is sufficient evidence of the legal availability of the volume of CAP water specified in the subcontract for 100 calendar years.

G. Subject to subsections (M) and (N) of this Section, if a proposed source of water is Colorado River water, the applicant shall submit evidence of one of the following:

1. The applicant or the proposed municipal provider has a contract with the United States Secretary of the Interior for the proposed supply; or

2. The applicant has obtained an allocation of Colorado River water from an entity to which all of the following apply:

a. The entity holds a contract for Colorado River water with the United States Secretary of the Interior;

b. The entity provides Colorado River water to the proposed municipal provider;

c. The entity has allocated a sufficient volume of the Colorado River water to the subdivision; and

d. The area that the entity may serve, described in the contract with the United States Secretary of the Interior, includes the subdivision.

H. If a proposed source of water is effluent, the applicant shall submit evidence that the applicant or the proposed municipal provider has the legal right to use the effluent.

I. If the applicant will obtain a proposed source of water through a written contract other than a water exchange agreement, a contract between a certificate applicant and the municipal provider proposed to serve the applicant, a contract with the United States Secretary of the Interior for Colorado River water, or a subcontract with a multi-county water conservation district, the applicant shall submit evidence that the person providing the water under the contract has a legal right to the water in accordance with the terms of this Section and that the terms of the contract will ensure that the proposed source of water will be delivered to the applicant or to the proposed subdivision. The Director shall determine the term of years for which the proposed source of water is legally available based on the term of years remaining in the contract. The Director shall determine the quantity of water legally available based on the volume established in the contract.

J. If the applicant will obtain a proposed source of water through a water exchange agreement, the applicant shall submit evidence that the water exchange agreement satisfies the requirements of A.R.S. Title 45, Chapter 4.

K. If the Director can determine the proposed source of water to be physically and continuously available only because of the use of storage facilities by the applicant or by the proposed municipal provider, the applicant shall submit evidence of the applicant's or the proposed municipal provider's legal right to store water in the storage facilities.

L. If the applicant proposes to use long-term storage credits, the applicant shall submit evidence that the applicant or the proposed municipal provider has the legal right to use the credits under A.R.S. Title 45, Chapter 3.1.

M. If a proposed supply of water is Colorado River water or CAP water leased from an Indian community, the applicant shall submit evidence that the water leased has a priority equal to or higher than CAP municipal and industrial water, evidence that the Indian community is expressly authorized by an Act of Congress to lease the water for use off Indian community lands, evidence of the lease, and evidence of one of the following:

1. The proposed water supply is available under the lease for at least 100 years from any time during the year in which the applicant submits the application.

2. The term of the lease has less than 100 years remaining in the year in which the applicant submits the application and a supplemental water supply, together with the leased water, provides a 100-year water supply. The applicant shall demonstrate that the supplemental water supply is physically, continuously, and legally available and, if such supplemental supply is groundwater, that use of the groundwater is consistent with the management goal of the AMA. If the supplemental supply is water recovered through the use of long-term storage credits, the applicant shall also submit the following, as applicable:

a. If the applicant is to use the long-term storage credits before the beginning of the lease term, evidence that the applicant or the proposed municipal provider has obtained a recovery well permit that allows the applicant or the proposed municipal provider to recover water pursuant to the long-term storage credits; or

b. If the long-term storage credits will be accrued in the future, evidence that the applicant or the proposed municipal provider will accrue the long-term storage credits within 20 years after the effective date of the designation, certificate, or water report by storing the water under an issued water storage permit at a permitted storage facility and that no more than 20 years of the applicant's supplemental water supply will be provided by the long-term storage credits.

N. If the Director previously determined that Colorado River water or CAP water leased from an Indian community was legally available to a designated provider for 100 years, the Director shall determine that the designated provider continues to have a legally available supply of water for 100 years for the annual amount of water available under the lease if:

1. The lease has at least 50 years remaining in its term or the lease has at least 40 years remaining in its term and the designated provider submits evidence to the Director of active and ongoing negotiations with the Indian community to renew or re-negotiate the lease; and

2. One of the following applies:

a. No more than 15% of the total water supplies that the designated provider establishes as physically, continuously, and legally available during any year are obtained through leases with Indian communities;

b. Groundwater will be physically, continuously, and legally available to the designated provider at the end of the lease term to substitute for the leased water for the remainder of the 100-year period, and the projected use of groundwater is consistent with the management goal of the AMA. For purposes of this subsection, the designated provider may demonstrate that the proposed use is consistent with the management goal by entering into a written agreement with the Director under which the designated provider agrees to replace through replenishment or underground storage any groundwater used at the end of the lease term if groundwater use is not consistent with the management goal. The written agreement shall provide that specific performance is the only remedy in the event of default;

c. A non-groundwater source of water will be physically, continuously, and legally available at the end of the lease term to substitute for the leased water for the remainder of the 100-year period; or

d. The designated provider's governing board or council submits a resolution requesting that the designated provider be allowed to increase its projected use of Indian lease water from 15%, as allowed by subsection (N)(2)(a) of this Section, to 20%, and the Director finds that all of the following apply:

i. No more than 20% of the total water supplies that the designated provider establishes as physically, continuously, and legally available during any year are obtained through leases with Indian communities;

ii. No more than 15% of the total water supplies that the designated provider establishes as physically, continuously, and legally available during any year are obtained through any single lease with an Indian community; and

iii. The designated provider does not meet the requirements of subsections (N)(2)(a), (b), or (c) of this Section.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-719 Water Quality

A. Except as provided in subsection (B) of this Section, when reviewing an application for a determination of assured water supply or a determination of adequate water supply, the Director shall determine that the water supply is of adequate quality if one of the following applies:

The applicant certifies on the application that the applicant or the proposed municipal provider will be regulated by ADEQ, or another governmental entity with equivalent jurisdiction, as a public water system pursuant to A.R.S. § 49-351, et seq., unless ADEQ, or another governmental entity with equivalent jurisdiction, has determined, after notice and an opportunity for a hearing, that the public water system is in significant noncompliance with A.A.C. Title 18, Chapter 4 and is not taking action to resolve the noncompliance; or

2. The applicant has submitted results of a lab analysis demonstrating that the water meets water quality requirements in accordance with A.A.C. Title 18, Chapter 4, or that the water will meet these requirements after treatment that is required by law. The lab analysis shall be based on water withdrawn from a well representative of the well or wells from which water will be withdrawn for the proposed use, conducted in compliance with sample collection and analysis requirements in A.A.C. Title 18, Chapter 4, and completed within 60 days of the date the application is submitted to the Director. If ADEQ waives any of the water quality or sample collection and analysis requirements in A.A.C. Title 18, Chapter 4, the Director shall not require the applicant to meet the waived requirements.

B. If a well or a proposed well from which water will be withdrawn for the proposed use is located within one mile of a WQARF site or Superfund site, the Director shall determine that the water supply is of adequate quality only if the applicant submits a contaminant migration and mitigation analysis, demonstrating that the water supply will continue to meet the requirements in A.A.C. Title 18, Chapter 4 for 100 years. The contaminant migration and mitigation analysis may include the impact of any mitigation or treatment, including mitigation or treatment required pursuant to a consent decree.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-720 Financial Capability

A. The Director shall determine that an applicant for a certificate or a water report has the financial capability to construct adequate delivery, storage, and treatment works if the applicant demonstrates one or more of the following:

1. The applicant will submit its final plat to a qualified platting authority;

2. The applicant has constructed adequate delivery, storage, and treatment works, and water service is available to each lot; or

3. The applicant has posted a performance bond with the platting authority for the entire cost of adequate delivery, storage, and treatment works.

B. Upon receiving evidence that a platting authority has established standards for proof of financial capability to construct adequate delivery, storage, and treatment works, pursuant to A.R.S. § 9-463.01(C)(8) or A.R.S. § 11-806.01(G), the Director shall classify the platting authority as a qualified platting authority. The Director shall maintain a list of qualified platting authorities.

C. The Director shall determine that an applicant for a designation has the financial capability to construct adequate delivery, storage, and treatment works if the applicant demonstrates one or more of the following for each of those facilities:

The applicant has constructed adequate delivery, storage, and treatment works;

2. The applicant has entered into written agreements requiring a potential developer to construct adequate delivery, storage, and treatment works;

3. The applicant has submitted evidence demonstrating that financing mechanisms are in place to construct adequate delivery, storage, and treatment works in a timely manner;

34. If the applicant is a city or town, the applicant has

a. Adopted adopted a five year capital improvement plan that provides for the construction, or the commencement of construction, of adequate delivery, storage, and treatment works in a timely manner, and has submitted a certification by the applicant's chief financial officer that finances are available to implement that portion of the five-year plan; or

b. Submitted evidence demonstrating that financing mechanisms are in place to construct adequate delivery, storage, and treatment works in a timely manner; or

45. If the applicant is a private water company, the applicant has received approval from the Arizona Corporation Commission for financing the construction of adequate delivery, storage, and treatment works.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-721 Consistency with Management Plan

A. The Director shall determine whether a designation applicant's projected use of groundwater withdrawn within an active management area is consistent with the management plan as follows:

1. If the applicant is providing water to customers as of the date of application, the applicant's projected water use is consistent with the management plan if either of the following apply:

a. The applicant is in compliance with its applicable management plan requirements in the most recent calendar year for which data is available before the date of application; or

b. The applicant has signed a stipulation and consent order that is in effect on the date of the application, or that becomes effective during the time of review of the application, to remedy non-compliance with the management plan requirements and the applicant is in compliance with the terms of the stipulation and consent order.

2. If the applicant has not commenced serving water to customers as of the date of application, the applicant shall submit a water use plan that demonstrates to the Director that compliance with management plan requirements will be achieved through the use of conservation or augmentation measures.

3. If the applicant has a pending request for an administrative review or variance from its management plan requirements, the Director shall not make a finding regarding compliance with this Section until the Director has issued a final decision and order on the request or the request has been withdrawn.

B. The Director shall determine that a certificate applicant's projected use of groundwater withdrawn within an AMA is consistent with the management plan if the applicant submits a water use plan for the subdivision that includes both of the following:

1. Information demonstrating that compliance with management plan requirements will be achieved through conservation or augmentation measures; and

2. All information required to calculate the water requirements for each proposed water use.

C. A certificate applicant for a subdivision of 50 or fewer lots is exempt from the requirements of this rule.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-722 Consistency with Management Goal

A. For the Phoenix, Prescott, or Tucson AMAs, the Director shall calculate the volume of groundwater that may be used consistent with the management goal of the AMA in which the proposed use is located for at least 100 years by adding the following:

1. The amount of the groundwater allowance, according to R12-15-724(A), R12-15-726(A), or R12-15-727(A).

2. The amount of any extinguishment credits pledged to the certificate or designation, according to R12-15-724(B), R12-15-726(B), or R12-15-727(B).

Any groundwater that is consistent with the achievement of the management goal pursuant to A.R.S. Title 45, Chapter 2.

B. The Director shall determine that a proposed groundwater use in the Phoenix, Prescott, or Tucson AMA is consistent with the management goal of the AMA if the volume calculated in subsection (A) of this Section is equal to or greater than the portion of the applicant's estimated water demand to be met with groundwater.

C. For a certificate in the Pinal AMA, the Director shall calculate the volume of groundwater that may be used consistent with the management goal of the AMA for at least 100 years by adding the following:

1. The amount of the groundwater allowance, according to R12-15-725(A)(1).

2. The amount of any extinguishment credits pledged to the certificate for a grandfathered right that was extinguished on or after January 1, 2019, according to R12-15-725(B), except that annual reported use of such extinguishment credits to make ground-water use consistent with the management goal is limited to the following percentages of groundwater use from the sixth year after certificate issuance:

| Years After Certificate Issuance | Percentage of Total Groundwater Use that May Be Made Consistent with the Pinal AMA Management Goal with Extinguishment Credits Pledged to Certificate | | --- | --- | | Years Six through Ten | 75% | | Years Eleven through Fifteen | 50% | | Years Sixteen through Twenty | 25% | | Years Twenty-one and After | 0% |

2 3. The amount of any extinguishment credits pledged to the certificate for a grandfathered right that was extinguished on or after October 1, 2007 and before January 1, 2019.

3 4. The amount of any extinguishment credits pledged to the certificate for a grandfathered right that was extinguished before October 1, 2007. The Director shall calculate the amount of the extinguishment credits by multiplying the annual amount of the credits by 100.

4 5. Any groundwater that is consistent with achievement of the management goal pursuant to A.R.S. Title 45, Chapter 2.

D. For a certificate in the Pinal AMA, the Director shall determine that the proposed groundwater use is consistent with the management goal of the AMA if the volume calculated in subsection (C) of this Section is equal to or greater than the portion of the applicant's estimated water demand to be met with groundwater.

E. For a designation in the Pinal AMA, the Director shall calculate the volume of groundwater that may be used consistent with the management goal of the Pinal AMA on an annual basis for at least 100 years by adding the following for each year during the 100-year period:

1. The amount of the groundwater allowance, according to R12-15-725(A)(2). If any of the groundwater allowance is not used during a year, the unused groundwater allowance shall not be added to the volume calculated under this subsection for the following year.

2. The amount of any extinguishment credits pledged to the designation for a grandfathered right that was extinguished on or after January 1, 2019, divided by the number of years remaining in which the credits may be used pursuant to R12-15-725(B). These credits shall be included in the calculation only for those years in which the credits may be used. If any of the extinguishment credits were originally pledged to a certificate and are being used to support the municipal provider's designation pursuant to R12-15-723(G)(2), the extinguishment credits shall not be limited by the percentages in subsection (C)(2) of this section.

2 3. The amount of any extinguishment credits pledged to the designation for a grandfathered right that was extinguished on or after October 1, 2007 and before January 1, 2019, divided by 100. Extinguishment credits for a grandfathered right that was extinguished on or after October 1, 2007 and before January 1, 2019 may be used in any year.

3 4. The annual amount of any extinguishment credits pledged to the designation for a grandfathered right that was extinguished before October 1, 2007. The following shall apply if any of the extinguishment credits are not used during a calendar year:

a. If the extinguishment credits were pledged to the designation before October 1, 2007, any extinguishment credits not used during a calendar year shall be added to the volume calculated under this subsection for the following calendar year.

b. If the extinguishment credits are pledged to the designation on or after October 1, 2007, any of the extinguishment credits not used during a calendar year shall not be added to the volume calculated under this subsection for the following calendar year, except that if the extinguishment credits were originally pledged to a certificate before October 1, 2007 and are used to support the municipal provider's designation pursuant to R12-15-723(G)(2), any of the extinguishment credits not used during a calendar year shall be added to the volume calculated under this subsection for the following calendar year.

4 5. Any groundwater that is consistent with the achievement of the management goal pursuant to A.R.S. Title 45, Chapter 2.

F. For a designation in the Pinal AMA, the Director shall determine that the proposed groundwater use is consistent with the management goal of the Pinal AMA if the volume calculated in subsection (E) of this Section for each year during the 100-year period is equal to or greater than the portion of the applicant's annual estimated water demand to be met with groundwater.

G. Upon application, the following volumes of groundwater used by an applicant are considered consistent with the management goal:

1. If the Director determines that a surface water supply is physically available under R12-15-716 and the volume of the supply actually available during a calendar year is equal to or less than the drought volume for the supply, the volume of groundwater, other than the groundwater that is accounted for under subsection (A), (C), or (E) of this Section, withdrawn within the AMA that, when combined with the available surface water supply, is equal to or less than the drought volume.

2. Any volume of groundwater withdrawn within a portion of an AMA that is exempt from conservation requirements under A.R.S. Title 45 due to waterlogging. The Director shall review the application of this exclusion on a periodic basis, not to exceed 15 years.

3. Remedial groundwater that is consistent with the management goal according to the requirements of R12-15-729.

H. An applicant for a certificate of assured water supply for a dry lot subdivision of 20 lots or fewer is exempt from the requirements of this Section.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 13 A.A.R. 1394, effective October 1, 2007 (Supp. 07-2). Amended by final rulemaking at 24 A.A.R. 3578, effective 1/1/2019.

Ariz. Admin. Code § R12-15-723 Extinguishment Credits

A. Except as provided in subsection (D), the owner of a grandfathered right may extinguish the right in exchange for extinguishment credits by submitting the following:

1. A notarized statement of extinguishment of a grandfathered right on a form provided by the Director;

2. The grandfathered right number;

3. If the right being extinguished is a Type 1 non-irrigation grandfathered right or an irrigation grandfathered right, evidence of ownership of the land to which the grandfathered right is appurtenant;

4. If the grandfathered right is located in the Prescott AMA, evidence that all of the following conditions are met:

a. The land to which the right is appurtenant has not been and will not be subdivided pursuant to a preliminary plat or a final plat that was approved by a city, town, or county before August 21, 1998; and

b. The land to which the right is appurtenant is not and will not be the location of a subdivision for which a complete and correct application for a certificate of assured water supply was submitted to the Director before August 21, 1998;

5. If the right being extinguished is an irrigation grandfathered right, evidence that the development of the land to which the right is appurtenant is not completed; and

6. Any additional information the Director may reasonably require to process the extinguishment.

B. The Director shall calculate the amount of extinguishment credits pursuant to R12-15-724(B), R12-15-725(B), R12-15-726(B) or R12-15-727(B). The Director shall notify the owner of the amount of extinguishment credits in writing. If the owner is extinguishing only a portion of the right, the Director shall issue a new certificate of grandfathered right for the remainder of the right.

C. A Type 1 non-irrigation grandfathered right or an irrigation grandfathered right may be extinguished in whole or in part. A Type 2 non-irrigation grandfathered right may be extinguished only in whole.

D. The following rights may not be extinguished in exchange for extinguishment credits:

1. An irrigation grandfathered right that is appurtenant to land that has been physically developed for a non-irrigation use. The Director shall not consider the land to be physically developed until the development is completed.

2. A Type 1 non-irrigation grandfathered right, if the Director determines that the holder is likely to continue to receive groundwater from an undesignated municipal provider for the same use pursuant to the provider's service area right or pursuant to a groundwater withdrawal permit.

3. A Type 2 non-irrigation grandfathered right that was issued based on the withdrawal of groundwater for mineral extraction or processing or for the generation of electrical energy.

4. On or after January 1, 2025, any grandfathered right that is in the Phoenix, Prescott, or Tucson AMAs.

65. A Type 1 non-irrigation grandfathered right that was requested to be included by a city or town in the Tucson AMA in the determination made under A.R.S. § 45-463(F).

E. The owner of extinguishment credits may pledge the credits to a certificate or to a designation before the certificate or designation is issued by submitting with the application for the certificate or designation a notice of intent to pledge extinguishment credits on a form provided by the Director. The extinguishment credits shall be pledged to the certificate or designation upon issuance of the certificate or designation.

F. The owner of extinguishment credits may pledge the credits to a certificate or to a designation after the certificate or designation is issued by submitting a notice of intent to pledge extinguishment credits on a form provided by the Director. The Director shall notify the owner of the extinguishment credits and the certificate holder or designated provider that the credits have been pledged to the certificate or designation.

G. Extinguishment credits that have not been pledged to a certificate or designation may be conveyed within the same AMA. Extinguishment credits pledged to a certificate or designation shall not be conveyed to another person, except that:

1. If extinguishment credits are pledged to a certificate that is later assigned or reissued, any unused credits are transferred, by operation of this subsection, to the assigned or reissued certificate. If the certificate is partially assigned or reissued, a pro rata share of the unused extinguishment credits is transferred to each assigned or reissued certificate according to the estimated water demand.

2. If extinguishment credits are pledged to a certificate for a subdivision that is later served by a designated provider or a municipal provider that is applying for a designation:

a. Any unused extinguishment credits may be used to support the municipal provider's designation as long as the municipal provider serves the subdivision and remains designated;

b. For a designation in the Pinal AMA that is issued pursuant to R12-15-710(H) or (I), the extinguishment credits may only be applied to groundwater delivered to the subdivision that is the subject of the certificate;

c. If the municipal provider is no longer serving the subdivision or if the municipal provider loses its designated status, any unused extinguishment credits shall revert, by operation of this subsection, to the certificate to which they were originally pledged.

H. The Director shall review a statement of extinguishment of a grandfathered right and a notice of intent to pledge extinguishment credits pursuant to the licensing time-frame provisions in R12-15-401.

I. A person may apply to the Director on or before December 31, 2015 for the restoration of all or a portion of an irrigation grandfathered right extinguished under this Section during calendar year 2005, 2006 or 2007 if all of the following conditions are met:

1. The person owns the land to which the right or portion of the right was appurtenant;

2. The land to which the right or portion of the right was appurtenant is physically capable of being irrigated and the infrastructure for delivering water to the land for irrigation purposes remains intact and is operable;

3. The person holds extinguishment credits that were issued for the extinguishment of a grandfathered right in the AMA in which the land is located and that have not been pledged to a certificate or designation under subsection (E) or (F) in the following amount, as applicable:

a. If the person seeks to restore the entire irrigation grandfathered right, an amount of extinguishment credits equal to the amount of extinguishment credits issued by the Director in exchange for extinguishment of the irrigation grandfathered right; or

b. If the person seeks to restore a portion of the irrigation grandfathered right, an amount of extinguishment credits equal to the result obtained by multiplying the percentage of the right sought to be restored by the amount of extinguishment credits issued by the Director in exchange for the extinguishment of the right.

J. An application to restore all or a portion of an irrigation grandfathered right under subsection (I) shall be on a form provided by the Director and include all of the following:

1. A fee of $250.00;

2. The irrigation grandfathered right number of the right sought to be restored;

3. If a certificate of extinguishment credits was issued by the Director for the extinguishment credits described in subsection (I)(3), the original certificate or an affidavit stating that the certificate is lost;

4. A copy of a deed showing that the applicant owns the land to which the right or portion of the right sought to be restored was appurtenant and, if the application seeks to restore only a portion of the right, the legal description of the land to which that portion of the right was appurtenant;

5. A certification by the applicant that the conditions described in subsection (I) are met; and

6. An agreement in writing that if the right or portion of the right is restored, the flexibility account for the land to which the right or portion of the right is appurtenant shall have an account balance of zero at the beginning of the calendar year in which the right or portion of the right is restored and that any credits registered to the flexibility account after the right is restored may not be conveyed or sold to any person, including the applicant.

K. The Director shall approve an application to restore all or a portion of an irrigation grandfathered right submitted under subsection (I) if the application includes the fee and the information required under subsection (J) and the Director determines that the information is correct. If the Director approves an application to restore all or a portion of an irrigation grandfathered right, all of the following apply:

1. The irrigation water duty for the land to which the right or portion of the right is restored shall be the same as it was when the right was extinguished, unless the irrigation water duty is changed in a management plan adopted after the right was extinguished or is modified pursuant to A.R.S. § 45-575;

2. The flexibility account for the land to which the right or portion of the right is appurtenant shall have an account balance of zero at the beginning of the calendar year in which the right or portion of the right is restored and any credits registered to the flexibility account after the right is restored may not be conveyed or sold to any person, including the applicant.

3. The applicant shall forfeit the extinguishment credits described in subsection (I)(3); and

4. The restored irrigation grandfathered right may be extinguished in exchange for extinguishment credits under this Section. For purposes of calculating the amount of extinguishment credits under R12-15-724(B), R12-15-725(B), R12-15-726(B) or R12-15-727(B), the calendar year of extinguishment is the calendar year in which the restored irrigation grandfathered right is extinguished.

L. The Director shall review an application to restore an irrigation grandfathered right under subsection (I) pursuant to the licensing time-frame provisions in R12-15-401. The application shall have an administrative completeness review time-frame of 30 days, a substantive review time-frame of 90 days, and an overall time-frame of 120 days.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 13 A.A.R. 1394, effective October 1, 2007 (Supp. 07-2). Amended by final rulemaking at 17 A.A.R. 1989, effective September 13, 2011 (Supp. 11-3). Amended by final rulemaking at 24 A.A.R. 3578, effective 1/1/2019. Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-724 Phoenix AMA Calculation of Groundwater Allowance and Extinguishment Credits

A. The Director shall calculate the groundwater allowance for a certificate or designation in the Phoenix AMA as follows:

If the application is for a certificate, multiply the applicable allocation factor in the table below by the annual estimated water demand for the proposed subdivision.

| MANAGEMENT PERIOD | ALLOCATION FACTOR | | --- | --- | | Third | 4 | | Fourth | 2 | | Fifth | 1 | | After Fifth | 0 |

2. If the application is for a designation and the applicant provided water to its customers prior to February 7, 1995, multiply 7.5 by the total volume of water provided by the applicant to its customers from any source during calendar year 1994, consistent with the municipal conservation requirements established for the applicant pursuant to Section 5-103(A)(1) of the Second Management Plan for the Phoenix AMA.

3. If the application is for a designation and the applicant commenced providing water to its customers on or after February 7, 1995, the applicant's groundwater allowance is zero acre-feet, except as provided in subsection (A)(4) of this Section.

4. If the application is for a designation that includes a volume of groundwater or stored water recovered outside the area of impact pursuant to R12-15-710(H), the groundwater allowance shall be calculated as follows:

a. the applicant may select either of the following calculations if the volume does not exceed the applicant's 2023 unreplenished groundwater deliveries multiplied by 100:

i. multiply 30 by the total groundwater deliveries during the calendar year 2023 to customers not enrolled as a member land in the CAGRD; or

ii. multiply 20 by the total water deliveries from any source during the calendar year 2023 to customers not enrolled as a member land in the CAGRD.

b. add the remaining groundwater allowance for each issued certificate of assured water supply that is or will be within the service area of the applicant to the volume calculated under subsection (A)(4)(a) of this Section.

c. the Director shall use the annual report submitted by the municipal provider for calendar year 2023, as verified by the Director, for purposes of this calculation.

45. For each calendar year of a designation, the Director shall calculate the volume of incidental recharge for a designated provider within the Phoenix AMA and add that volume to the designated provider's groundwater allowance. The Director shall calculate the volume of incidental recharge by multiplying the provider's total water use from any source in the previous calendar year by the standard incidental recharge factor of 4%. A designated provider may apply for a variance from the standard incidental recharge factor as provided in A.R.S. § 45-566.01(E)(1). The Director may establish a different incidental recharge factor for the designated provider if the provider demonstrates to the satisfaction of the Director that the ratio of the average annual amount of incidental recharge expected to be attributable to the provider during the management period, to the average amount of water expected to be withdrawn, diverted, or received for delivery by the provider for use within its service area during the management period, is different than 4%.

B. The Director shall calculate the extinguishment credits for the extinguishment of a grandfathered right in the Phoenix AMA as follows:

For the extinguishment of a type 2 non-irrigation grandfathered right, multiply the number of acre-feet indicated on the certificate by the difference between 2025 and the calendar year of extinguishment.

2. For the extinguishment of all or part of an irrigation grandfathered right, or all or part of a type 1 non-irrigation grandfathered right, multiply 1.5 acre-feet per acre by the number of irrigation acres associated with the extinguished irrigation grandfathered right or the number of acres to which the extinguished type 1 non-irrigation grandfathered right is appurtenant, and then multiply the product by the difference between 2025 and the calendar year of extinguishment, except that:

a. If only a portion of an irrigation grandfathered right or a type 1 non-irrigation grandfathered right is extinguished, the Director shall include in the calculation only those acres associated with the portion of the right that is extinguished; and

b. If an extinguished irrigation grandfathered right has a debit balance in the corresponding flexibility account established under A.R.S. § 45-467, the Director shall subtract the amount of the debit from the amount of the extinguishment.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-725 Pinal AMA Calculation of Groundwater Allowance and Extinguishment Credits

A. The Director shall calculate the groundwater allowance for a certificate or designation in the Pinal AMA as follows:

If the application is for a certificate:

a. If the certificate application is filed before January 1, 2019, multiply the annual estimated water demand for the proposed subdivision by 10.

b. If the certificate application is filed on or after January 1, 2019, the groundwater allowance shall be zero.

2. If the application is for a designation:

a. If the applicant was designated as having an assured water supply as of October 1, 2007:

i. Multiply the applicant's service area population as of October 1, 2007 by 125 gallons per capita per day and multiply the product by 365 days. The service area population shall be determined using the methodology set forth in Section 5-103(D) of the Third Management Plan for the Pinal AMA.

ii. Convert the number of gallons determined in subsection (A)(2)(a)(i) into acre-feet by dividing the number by 325,851 gallons.

iii. Determine the number of residential lots within plats that were recorded as of October 1, 2007 but not served water as of that date, and to which the applicant commenced water service by January 1, 2010.

iv. Multiply the number of lots determined in subsection (A)(2)(a)(iii) by 0.35 acre-foot per lot.

v. Add the volume from subsection (A)(2)(a)(ii) and the volume from subsection (A)(2)(a)(iv) of this Section.

b. If the applicant provided water to its customers before October 1, 2007 but was not designated as having an assured water supply as of that date, and a complete and correct application for designation was filed before January 1, 2012, multiply the applicant's service area population as of October 1, 2007 by 125 gallons per capita per day and multiply the product by 365 days. The service area population shall be determined using the methodology in Section 5-103(D) of the Third Management Plan for the Pinal AMA.

c. If the applicant provided water to its customers before October 1, 2007 but was not designated as having an assured water supply as of that date, and a complete and correct application for designation was filed on or after January 1, 2012, the applicant's groundwater allowance is zero acre-feet, except as provided in subsection (A)(2)(e) of this Section.

d. If the applicant commenced providing water to its customers on or after October 1, 2007, the applicant's groundwater allowance is zero acre-feet, except as provided in subsection (A)(2)(e) of this Section.

e. If the application is for a designation that includes a volume of groundwater or stored water recovered outside the area of impact pursuant to R12-15-710(H), the groundwater allowance shall be calculated as follows: The applicant may select either of the following calculations if the volume does not exceed the applicant's 2023 unreplenished groundwater deliveries multiplied by 100:

i. multiply 30 by the total groundwater deliveries during the calendar year 2023 to customers not enrolled as a member land in the CAGRD;

ii. Multiply 20 by the total water deliveries from any source during the calendar year 2023 to customers not enrolled as a member land in the CAGRD;

iii. Add the remaining groundwater allowance for each issued certificate of assured water supply that is or will be withdrawn within the service area of the applicant to the volume calculated under subsection (A)(2)(e) of this Section; or

iv. The Director shall use the annual report submitted by the municipal provider for calendar year 2023, as verified by the Director, for purposes of this calculation.

3. For each calendar year of a designation, the Director shall calculate the volume of incidental recharge for a designated provider within the Pinal AMA and add that volume to the designated provider's groundwater allowance. The Director shall calculate the volume of incidental recharge by multiplying the provider's total water use from any source in the previous calendar year by the standard incidental recharge factor of 4%. A designated provider may apply for a variance from the standard incidental recharge factor by submitting a hydrologic study demonstrating, to the satisfaction of the Director, that the ratio of the average annual amount of incidental recharge expected to be attributable to the designated provider during the management period to the average annual amount of water expected to be withdrawn, diverted or received for delivery by the designated provider for use within its service area during the management period is different than 4%. The hydrologic study shall include the amount of water withdrawn, diverted or received for delivery by the designated provider for use within its service area during each of the preceding five years and the amount of incidental recharge that was attributable to the designated provider during each of those years. The Director may establish a different incidental recharge factor for the designated provider upon such demonstration.

B. The Director shall calculate the extinguishment credits for extinguishing a grandfathered right in the Pinal AMA as follows.

1. The Director shall calculate the initial volume of extinguishment credits for the extinguishment of a grandfathered right in the Pinal AMA as follows:

a. For the extinguishment of a type 2 non-irrigation grandfathered right, multiply the number of acre-feet indicated on the certificate of grandfathered right by 100.

b. For the extinguishment of all or part of an irrigation grandfathered right, or all or part of a type 1 non-irrigation grandfathered right, multiply 1.5 acre-feet by the number of irrigation acres associated with the extinguished irrigation grandfathered right or the number of acres to which the extinguished type 1 non-irrigation grandfathered right is appurtenant, and then multiply that product by 100, except that:

i. If only a portion of an irrigation grandfathered right or a type 1 non-irrigation grandfathered right is extinguished, only those acres associated with the portion of the right that is extinguished shall be included in the calculation; and

ii. If an extinguished irrigation grandfathered right has a debit balance in the corresponding flexibility account established under § 45-467, the amount of the debit shall be subtracted from the amount of the extinguishment credits.

2. For grandfathered rights extinguished in the Pinal active management area on or after January 1, 2019, if the amount of the extinguishment credits remaining unused in the fifth, tenth, fifteenth, and twentieth year after the year of extinguishment is greater than an amount calculated by multiplying the initial volume of extinguishment credits by the applicable percentage shown in the table below, the amount of unused credits shall be reduced to an amount calculated by multiplying the initial volume of extinguishment credits by the applicable percentage:

| Year After Extinguishment | Percentage | | --- | --- | | Fifth | 75% | | Ten th | 50% | | Fifteenth | 25% | | Twentieth | 0% |

3. For purposes of subsection (B)(2) of this section, the amount of extinguishment credits remaining unused shall be the initial volume of extinguishment credits issued for the extinguishment of the right, less:

a. The amount of any of the extinguishment credits previously pledged to a certificate of assured water supply or designation of assured water supply pursuant to R12-15-723, subsections (E) or (F) and reported to the department as having been used; and

b. The amount of any previous reductions made to the extinguishment credits pursuant to subsection (B)(2) of this section.

History

• Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Section repealed; new Section made by final rulemaking at 13 A.A.R. 1394, effective October 1, 2007 (Supp. 07-2). Amended by final rulemaking at 15 A.A.R. 1979, effective January 2, 2010 (Supp. 09-4). Amended by final rulemaking at 19 A.A.R. 4174, effective December 3, 2013. Amended by final rulemaking at 24 A.A.R. 3578, effective 1/1/2019. Amended by final rulemaking at 30 A.A.R. 3751, effective 11/25/2024.

Ariz. Admin. Code § R12-15-725.01 [Repealed]

History

• New section made by final rulemaking at 19 A.A.R. 4174, effective December 3, 2013. Amended by final rulemaking at 20 A.A.R. 2673, effective 9/12/2014. Repealed by final rulemaking at 24 A.A.R. 3578, effective 1/1/2019.

Ariz. Admin. Code § R12-15-725.02 [Repealed]

History

• New section made by final rulemaking at 19 A.A.R. 4174, effective December 3, 2013. Repealed by final rulemaking at 20 A.A.R. 2673, effective 9/12/2014.

Ariz. Admin. Code § R12-15-726 Prescott AMA Calculation of Groundwater Allowance and Extinguishment Credits

A. The Director shall calculate the groundwater allowance for a certificate or designation in the Prescott AMA as follows:

If the application is for a certificate of assured water supply, the Director shall:

a. Subtract the year of application from 2025,

b. Multiply the number determined in subsection (A)(1)(a) by the applicant's annual estimated water demand, and

c. Divide that product by two. The minimum volume that may be calculated in this subsection is zero acre-feet.

2. If the application is for a designation of assured water supply:

a. Except as provided in subsections (A)(3) and (A)(5), if the applicant was in existence as of January 12, 1999, and the application is filed before calendar year 2026, the Director shall:

i. Multiply by 100 the largest volume of groundwater determined by the Director to have been withdrawn by the applicant from within the Prescott AMA for use within the applicant's service area in any calendar year from 1995 through 1998, consistent with the municipal conservation requirements applicable under the second management plan for the Prescott active management area;

ii. Determine the volume of the applicant's total water demand, from any source, for 1999, consistent with the municipal conservation requirements established for the applicant in the management plan in effect on the date of application;

iii. Determine the volume of the applicant's total water demand, from any source, for 2014, consistent with the municipal conservation requirements established for the applicant in the management plan in effect on the date of application;

iv. Subtract the volume calculated in subsection (A)(2)(a)(ii) from the volume calculated in subsection (A)(2)(a)(iii) and then multiply the difference by 26;

v. Divide the product obtained in subsection (A)(2)(a)(iv) by two;

vi. If any residential groundwater uses, including residential groundwater uses served by an exempt well, in existence on August 21, 1998, have been replaced by permanent water service from the applicant after August 21, 1998, multiply one-half acre-foot of groundwater by the number of housing units receiving the service and then multiply that product by 100;

vii. Determine the volume of groundwater withdrawn by the applicant from within the Prescott active management area during the period beginning January 1, 1999, and ending December 31 of the calendar year before the date of the application;

viii. Multiply the volume of groundwater withdrawn by the applicant from within the Prescott active management area in 1999 by the number of calendar years in the period beginning with 1999 and ending with the calendar year before the date of application;

ix. Subtract from the volume calculated in subsection (A)(2)(a)(vii) the volume calculated in subsection (A)(2)(a)(viii). The volume calculated in this subsection shall not be less than zero; and

x. Add the volumes calculated in subsections (A)(2)(a)(i), (A)(2)(a)(v), and (A)(2)(a)(vi), and then subtract from the sum the volume calculated in subsection (A)(2)(a)(ix).

b. If the applicant did not exist as of January 12, 1999, or the date of application occurs after calendar year 2025, the groundwater allowance is zero acre-feet, except that if any residential groundwater uses, including residential groundwater uses served by an exempt well, in existence on August 21, 1998, have been replaced by permanent water service from the applicant after August 21, 1998, the groundwater allowance is a volume of groundwater computed by multiplying one-half acre-foot of groundwater by the number of housing units receiving the service and multiplying that product by 100.

3. For the purpose of determining the groundwater allowance under subsection (A)(2)(a), at the request of the applicant, the Director shall replace the volume of groundwater calculated in subsection (A)(2)(a)(ii) through (v) with the amount of groundwater necessary for the applicant to serve the residential lots described in subsection (A)(4):

a. To compute this amount of groundwater, the Director shall:

i. Determine the average dwelling occupancy within the applicant's service area and multiply that average occupancy by an amount of groundwater, calculated by multiplying 150 gallons per capita per day by 365 days; and

ii. Multiply the product in subsection (A)(3)(a)(i) by the number of residential lots described in subsection (A)(4), and then multiply that product by 100.

b. The Director shall not include the amount computed in subsection (A)(3)(a) within the amount of groundwater that the applicant may use under subsection (A)(2)(a) until a final plat for the lots has been recorded.

The Director shall include residential lots that will be served by the applicant in the calculation made under subsection (A)(3) if the lots meet all of the following criteria:

a. A preliminary plat for the lots was submitted to the city, town, or county on or before August 21, 1998, and the final plat is subsequently recorded;

b. The lots were not being served water on or before August 21, 1998; and

c. Any one of the following applies:

i. The lots were included within an application for certificate of assured water supply that was filed before August 21, 1998, the Director determined that the application was complete and correct as of August 21, 1998, and the Director subsequently issued a certificate of assured water supply for the lots.

ii. A preliminary plat for the lots was approved by a city, town, or county on or before August 21, 1998. At the time the preliminary plat was approved, the subdivider of the lots obtained a written commitment of water service from a municipal provider that was designated as having an assured water supply and the provider demonstrated to the satisfaction of the Director that sufficient water is physically available to serve the lots under the criteria in R12-15-716.

5. For the purpose of determining the groundwater allowance under subsection (A)(2)(a), if the applicant makes the request described in subsection (A)(3), the Director shall replace the volume of groundwater calculated in subsection (A)(2)(a)(viii) with an amount of groundwater calculated as follows. The Director shall:

a. Determine the number of calendar years in the period beginning with 1999 and ending with the calendar year before the date of application and multiply that number of years by the largest volume of groundwater determined by the Director to have been withdrawn by the applicant from within the Prescott active management area for use within the applicant's service area in any calendar year from 1995 through 1998, consistent with the municipal conservation requirements applicable under the second management plan for the Prescott active management area;

b. Determine the average dwelling occupancy within the applicant's service area and multiply that average dwelling occupancy by an amount of groundwater calculated by multiplying 150 gallons per capita per day by 365 days;

c. For each year in the period beginning with 1999 and ending with the calendar year before the date of application, determine the number of the residential lots that meet the criteria in subsection (A)(4) and were served water by the applicant as of July 1 of the relevant year and add the number of these residential lots determined for each year;

d. Multiply the volume of groundwater calculated in subsection (A)(5)(b) by the number of residential lots in subsection (A)(5)(c); and

e. Add the volumes of groundwater from subsections (A)(5)(a) and (A)(5)(d).

B. The Director shall calculate the extinguishment credits for extinguishing a grandfathered right in the Prescott AMA as follows:

1. For the extinguishment of a type 2 non-irrigation grandfathered right, multiply the number of acre-feet indicated on the certificate by the difference between 2025 and the calendar year of extinguishment.

2. For the extinguishment of an irrigation grandfathered right or a type 1 non-irrigation grandfathered right:

a. Through December 31, 2010:

i. If the irrigation acres associated with the extinguished right were irrigated for at least four of the six calendar years preceding January 1, 2000, multiply 1.5 acre-feet per acre by the number of irrigation acres associated with the extinguished right or the number of acres to which the extinguished right is appurtenant and multiply that product by 25.

ii. If the irrigation acres associated with the extinguished right were not irrigated for at least four of the six calendar years preceding January 1, 2000, multiply 1.5 acre-feet per acre by the number of irrigation acres associated with the extinguished right or the number of acres to which the extinguished right is appurtenant and multiply the product by the difference between 2025 and the year in which the statement of intent to extinguish is filed.

b. After December 31, 2010, multiply 1.5 acre-feet per acre by the number of irrigation acres associated with the extinguished right or the number of acres to which the extinguished right is appurtenant and multiply the product by the difference between 2025 and the year in which the statement of intent to extinguish is filed.

History

• New Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-727 Tucson AMA Calculation of Groundwater Allowance and Extinguishment Credits

A. The Director shall calculate the groundwater allowance for a certificate or designation in the Tucson AMA as follows:

1. If the application is for a certificate, multiply the applicable allocation factor in the table below by the annual estimated water demand for the proposed subdivision.

| MANAGEMENT PERIOD | ALLOCATION FACTOR | | --- | --- | | Third | 8 | | Fourth | 4 | | Fifth | 2 | | After Fifth | 0 |

If the application is for a designation and the applicant provided water to its customers before February 7, 1995, multiply 15 by the total volume of water provided by the applicant to its customers from any source during calendar year 1994, consistent with the municipal conservation requirements established for the applicant pursuant to Section 5-103(A)(1) of the Second Management Plan for the Tucson AMA.

3. If the application is for a designation and the applicant commenced providing water to its customers on or after February 7, 1995, the applicant's groundwater allowance is zero acre-feet.

4. For each calendar year of the designation, the Director shall calculate the volume of incidental recharge for a designated provider within the Tucson AMA and add that volume to the designated provider's groundwater allowance. The Director shall calculate the volume of incidental recharge by multiplying the provider's total water use from any source in the previous calendar year by the standard incidental recharge factor of 4%. A designated provider may apply for a variance from the standard incidental recharge factor as provided in A.R.S. § 45-566.01(E)(1). The Director may establish a different incidental recharge factor for the designated provider if the provider demonstrates to the satisfaction of the Director that the ratio of the average annual amount of incidental recharge expected to be attributable to the provider during the management period, to the average amount of water expected to be withdrawn, diverted, or received for delivery by the provider for use within its service area during the management period, is different than 4%.

B. The Director shall calculate the extinguishment credits for the extinguishment of a grandfathered right in the Tucson AMA as follows:

1. For the extinguishment of a type 2 non-irrigation grandfathered right, multiply the number of acre-feet indicated on the certificate by the difference between 2025 and the calendar year of extinguishment.

2. For the extinguishment of all or part of an irrigation grandfathered right, or all or part of a type 1 non-irrigation grandfathered right, multiply 1.5 acre-feet per acre by the number of irrigation acres associated with the extinguished irrigation grandfathered right or the number of acres to which the extinguished type 1 non-irrigation grandfathered right is appurtenant, and then multiply the product by the difference between 2025 and the calendar year of extinguishment, except that:

a. If only a portion of an irrigation grandfathered right or a type 1 non-irrigation grandfathered right is extinguished, the Director shall include in the calculation only those acres associated with the portion of the right that is extinguished; and

b. If an extinguished irrigation grandfathered right has a debit balance in the corresponding flexibility account established under A.R.S. § 45-467, the Director shall subtract the amount of the debit from the amount of the extinguishment.

History

• New Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).

Ariz. Admin. Code § R12-15-728 Reserved

Ariz. Admin. Code § R12-15-729 Remedial Groundwater; Consistency with Management Goal

A. Use of remedial groundwater by a municipal provider before January 1, 2025 2050, is deemed consistent with the management goal of the AMA in which the remedial groundwater is withdrawn and is excluded when determining compliance with management goal requirements in this Article if all of the following apply:

1. The Director determines that the remedial groundwater use is consistent with the management goal under subsection (F) or (H) of this Section or the remedial groundwater use is consistent with the management goal under subsection (J) of this Section; and

2. The municipal provider complies with the metering and reporting requirements in subsection (K) of this Section.

B. A municipal provider that is using remedial groundwater or that has agreed in a consent decree or other document approved by ADEQ or the EPA to use remedial groundwater may apply to the Director for a determination that the municipal provider's use of the remedial groundwater is consistent with the management goal of the active management area by submitting an application on a form provided by the Director with the information required in subsection (D) of this Section before January 1, 2010.

C. A municipal provider filing an application under subsection (B) of this Section for remedial groundwater use associated with a treatment plant in operation before June 15, 1999, may request an increase in the project's annual authorized volume at the time the application is filed. The Director shall grant the request and increase the annual authorized volume up to the maximum treatment capacity of the treatment plant if the municipal provider submits evidence that an increase in the annual authorized volume is necessary to further the purpose of the remedial action project and that the increase is not in violation of the consent decree or other document approved by ADEQ or the EPA for the remedial action project.

D. An applicant shall provide the following with an application submitted under subsection (B) of this Section:

1. A document evidencing ADEQ's or EPA's approval of the municipal provider's withdrawal and use of remedial groundwater, such as a remedial action plan, record of decision, or consent decree;

2. The volume of remedial groundwater that will be withdrawn and used annually by the municipal provider and the purpose for which the remedial groundwater will be used;

3. The time period during which the remedial groundwater will be withdrawn and used by the municipal provider;

4. A reference to the annual authorized volume provided in the document submitted pursuant to subsection (D)(1) of this Section or, if the document submitted pursuant to subsection (D)(1) does not specify the annual authorized volume for the project, the annual authorized volume claimed by the municipal provider and a written justification for that volume;

5. If the approved remedial action project is currently operating, the volume of remedial groundwater withdrawn pursuant to the project for each year before the year in which the application is filed;

6. The designated provider or certificate to which the remedial groundwater will be pledged;

7. If the municipal provider is requesting an increase in the annual authorized volume of the project pursuant to subsection (C) of this Section, evidence that the increase is necessary to further the purpose of the remedial action project and that the increase is not in violation of the consent decree or other document approved by ADEQ or the EPA for the project;

8. The name and telephone number of a person the Department may contact regarding the application; and

9. Any other information reasonably required to assist the Director in making the determination under subsection (F) of this Section.

E. After receiving an application under subsection (B) of this Section, the Director shall determine that the application is complete and correct if it contains all the information required in subsection (D) of this Section and the Director verifies that the information is accurate. If the Director determines that the application is complete and correct, the Director shall assign a priority date to the application according to the following:

1. If the Director determines that the application was complete and correct when filed, the priority date of the application is the date the application was filed.

2. If the Director determines that the application was not complete or correct when filed because of minor deficiencies, the Director shall notify the applicant of the deficiencies in writing and give the applicant 30 days to correct the deficiencies. If the applicant submits the necessary information to correct the deficiencies within 30 days after the date of the notice, the priority date of the application is the date the application was filed.

3. If the Director determines that the application was not complete or correct when filed and that the deficiencies are not minor, the Director shall notify the applicant of the deficiencies and give the applicant at least 60 days to submit the necessary information to correct the deficiencies. If the applicant submits the necessary information to correct the deficiencies within the time allowed by the Director, the priority date of the application is the date the applicant submits the necessary information to correct the deficiencies.

F. The Director shall approve a complete and correct application filed under subsection (B) of this Section if the Director determines that the applicant will use remedial groundwater before January 1, 2050. If the Director approves a municipal provider's application, the Director shall calculate the amount of remedial groundwater use that is consistent with the management goal of the AMA as follows:

The Director shall determine the total annual amount of remedial groundwater use in all AMAs that is deemed to be consistent with the management goal under this subsection and subsections (H) and (I) of this Section for applications with a priority date earlier than the priority date of the municipal provider's application.

2. If the amount determined in subsection (F)(1) of this Section is less than 65,000 acre-feet and the difference between those amounts is equal to or greater than the municipal provider's authorized remedial groundwater use during the year, the amount of remedial groundwater use by the municipal provider that is deemed to be consistent with the management goal during the year is the amount of the municipal provider's authorized remedial groundwater use during the year.

3. If the amount determined in subsection (F)(1) of this Section is less than 65,000 acre-feet and the difference between those amounts is less than the municipal provider's authorized remedial groundwater use during the year, the amount of remedial groundwater use by the municipal provider that is deemed consistent with the management goal during the year is the amount of the municipal provider's authorized remedial groundwater use during the year up to the difference between the amount determined in subsection (F)(1) and 65,000 acre-feet, plus a percentage of the municipal provider's authorized remedial groundwater use during the year that exceeds the difference. The percentage is 50 percent for calendar years 2000 through 2009, 25 percent for calendar years 2010 through 2019, and 10 percent for calendar years 2020 through 2024.

4. If the amount determined in subsection (F)(1) of this Section is equal to or greater than 65,000 acre-feet, the amount of remedial groundwater use by the municipal provider that is deemed consistent with the management goal during the year is a percentage of the municipal provider's authorized remedial groundwater use during the year. The percentage is 50 percent for calendar years 2000 through 2009, 25 percent for calendar years 2010 through 2019, and 10 percent for calendar years 2020 through 2024.

G. If the Director determines that remedial groundwater use by a municipal provider is consistent with the management goal of the active management area under subsection (F) of this Section, the determination shall apply to remedial groundwater used by the municipal provider between the priority date of the application and January 1, 2050.

H. If, before the effective date of this Section, a municipal provider filed an application with the Director requesting that the Director determine that the provider's use of remedial groundwater according to an approved remedial action project is consistent with the management goal of the active management area under Laws 1997, Ch. 287, § 52, as amended by Laws 1999, Ch. 295, § 50, the following shall apply:

1. If the Director approved the application before the effective date of this Section and determined the annual amount of remedial groundwater use by the applicant that will be considered consistent with the management goal, the Director's determination shall apply after the effective date of this Section and the Director shall include the annual amount of remedial groundwater use determined by the Director to be consistent with the management goal in the total amount of remedial groundwater determined in subsection (F)(1) of this Section.

2. If the Director did not approve the application before the effective date of this Section, the Director shall process the application under subsections (E) and (F) of this Section. If the Director approves the application, the Director's determination shall apply to remedial groundwater withdrawn and used by the municipal provider according to the approved remedial action project from the priority date of the application until January 1, 2050.

I. A municipal provider that is using remedial groundwater that has been determined by the Director to be consistent with the management goal under subsection (F) or (H) of this Section may apply to the Director for an increase in the annual authorized volume of the approved remedial action project as follows:

1. The applicant shall submit an application on a form provided by the Director.

2. The Director shall determine that the application is complete and correct if it contains all of the required information and the Director verifies that the information is accurate.

3. If the Director determines that an application filed under this subsection is complete and correct, the Director shall assign a priority date to the application using the criteria in subsection (E) of this Section.

4. The Director shall approve the application if the municipal provider submits information that demonstrates one of the following:

a. The annual authorized volume of the approved remedial action project has been increased in a consent decree or other document approved by ADEQ or the EPA; or

b. An increase is necessary to further the purpose of the approved remedial action project, and the increase is not in violation of the consent decree or other document approved by ADEQ or the EPA for the project.

5. If the Director approves the application, the Director shall determine the additional annual amount of remedial groundwater use by the municipal provider that is deemed consistent with the management goal of the active management area, using the criteria in subsections (F) and (G) of this Section. The Director shall include the annual amount of remedial groundwater use determined by the Director to be consistent with the management goal under this subsection in the total amount of remedial groundwater determined in subsection (F)(1) of this Section.

J. Until January 1, 2050, use of remedial groundwater by a municipal provider during a year is deemed consistent with the management goal of the AMA in which the remedial groundwater was withdrawn without approval of the Director under subsection (F) or (H) of this Section if:

The total annual amount of remedial groundwater withdrawn from all wells according to the approved remedial action project does not exceed 250 acre-feet; and

2. If remedial groundwater withdrawals according to the approved remedial action project commenced before June 15, 1999, the municipal provider notified the Director in writing of the volume and duration of the anticipated withdrawals on or before August 15, 1999. If remedial groundwater withdrawals according to the approved remedial action project commenced on or after June 15, 1999, the municipal provider gave written notice of the volume and duration of the anticipated withdrawals on or before August 15, 1999, or before the date the withdrawals commenced, whichever is later. If the municipal provider gives notice after the effective date of this Section, the municipal provider shall include or attach all of the following:

a. A copy of a document evidencing ADEQ's or EPA's approval of the municipal provider's withdrawal and use of remedial groundwater, such as a remedial action plan, record of decision, or consent decree;

b. The volume of remedial groundwater that will be withdrawn and used annually by the municipal provider and the purpose for which the remedial groundwater will be used;

c. The time period during which the remedial groundwater will be withdrawn and used by the municipal provider;

d. If the approved remedial action project is currently operating, the volume of remedial groundwater withdrawn according to the project for each year before the year in which the application is filed;

e. The designated provider or certificate of assured water supply to which the remedial groundwater will be pledged; and

f. The name and telephone number of a person the Department may contact regarding the exemption.

K. A municipal provider withdrawing remedial groundwater that has been determined to be consistent with the management goal under subsection (F) or (H) of this Section or that is consistent with the management goal under subsection (J) of this Section shall meter the remedial groundwater withdrawals separately from groundwater withdrawn pursuant to another groundwater withdrawal authority. The municipal provider shall include in its annual reports, filed under A.R.S. § 45-632, the amount of remedial groundwater withdrawn during the reporting year that is consistent with the management goal under this Section and the purposes for which the remedial groundwater was used.

History

• New Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022.

Ariz. Admin. Code § R12-15-730 [REPEALED]

History

• New Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Section repealed by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). New Section made by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Section repealed by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Article 8 WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS

Ariz. Admin. Code § R12-15-801 Definitions

In addition to the definitions set forth in A.R.S. §§ 45-101, 45-402, and 45-591 and in R12-15-202, the following words and phrases in this Article shall have the following meanings, unless the context otherwise requires:

1. "Annular space" means the space between the outer well casing and the borehole wall. An annular space also means the space between an inner well casing and outer well casing.

2. "Aquifer" means an underground formation capable of yielding or transmitting usable quantities of water.

3. "Artesian aquifer" means an aquifer which is overlain by a confining formation and which contains groundwater under sufficient pressure for the water to rise above the top of the aquifer.

4. "Artesian well" means a well that penetrates an artesian aquifer.

5. "Bentonite" means a colloidal clay composed mainly of sodium montmorillonite, a hydrated aluminum silicate.

6. "Cap" means a tamper-resistant, watertight steel plate of at least one-quarter inch thickness on the top of all inside and outside casings of a well.

7. "Casing" means the tubing or pipe installed in the borehole during or after drilling to support the sides of the well and prevent caving.

8. "Confining formation" means the relatively impermeable geologic unit immediately overlying an artesian aquifer.

9. "Consolidated formation" means a naturally occurring geologic unit through or into which a well is drilled, having a composition, density, and thickness which will provide a natural hydrologic barrier.

10. "Department" means the Arizona Department of Water Resources.

11. "Director" means the Director of the Arizona Department of Water Resources.

12. "Drilling card" means a card which is issued by the Director to the well drilling contractor or single well licensee designated in the notice of intent or permit, authorizing the well drilling contractor or licensee to drill the specific well or wells in the specific location as noticed or permitted.

13. "Exploration well" means a well drilled in search of geophysical, mineralogical or geotechnical data.

14. "Flowing artesian well" means an artesian well in which the pressure is sufficient to cause the water to rise above the land surface.

15. "Grout" or "cement grout" means cement mixed with no more than 50% sand by volume, and containing no more than six gallons of water per 94 pound sack of cement.

16. "Mineralized water" means any groundwater containing over 3000 milligrams per liter (mg/l) of total dissolved solids or containing any of the following chemical constituents above the indicated concentrations:

Constituent Concentration (mg/l)

Arsenic 0.05

Barium 1.0

Cadmium 0.01

Chromium (total) 0.05

Fluoride 4.0

Lead 0.05

Mercury 0.002

Nitrate (as N) 10.0

Selenium 0.01

Silver 0.05

17. "Monitor well" means a well designed and drilled for the purpose of monitoring water quality within a specific depth interval.

18. "Open well" means a well which is not equipped with either a cap or a pump.

19. "Perforations" means a series of openings in a casing, made either before or after installation of the casing, to permit the entrance of water into the well.

20. "Piezometer well" means a well that is designed and drilled for the purpose of monitoring water levels within a specific depth interval.

21. "Pitless adaptor" means a commercially manufactured watertight unit or device designed for attachment to a steel well casing which permits discharge from the well below the land surface and allows access into the well casing while preventing contaminants from entering the well.

22. "Polluted water" means water whose chemical, physical, biological, or radiological integrity has been degraded through the artificial or natural infusion of chemicals, radionuclides, heat, biological organisms, or mineralogical or other extraneous matter.

23. "Pressure grouting" means a process by which a grout is confined within the borehole or casing of a well by the use of retaining plugs, packers, or a displacing fluid by which sufficient pressure is applied to drive the grout into and within the annular space or interval to be grouted.

24. "Qualifying party" means a partner, officer, or employee of a well drilling contractor, who has significant supervisory responsibilities and who has been designated to take the licensing examination for that well drilling contractor.

25. "Single well license" means a license issued to a person which allows the drilling or modification of a single exempt well on land owned by that person.

26. "Vadose zone well" means a well constructed in the interval between the land surface and the top of the static water level.

27. "Vault" means a tamper-resistant watertight structure used to complete a well below the land surface.

28. "Well abandonment" means the modification of the structure of a well by filling or sealing the borehole so that water may not be withdrawn or obtained from the well.

29. "Well drilling" means the construction or repair of a well, or the modification, except for abandonment, of a well, regardless of whether compensation is involved, including any deepening or additional perforating, any addition of casing or change to existing casing construction, and any other change in well construction not normally associated with well maintenance, pump replacement, or pump repair.

30. "Well drilling contractor" means an individual, public or private corporation, partnership, firm, association, or any other public or private organization or enterprise that holds a well driller's license pursuant to A.R.S. § 45-595(B).

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-802 Scope of Article

This Article shall apply to man-made openings in the earth through which water may be withdrawn or obtained from beneath the surface of the earth, including all water wells, monitor wells and piezometer wells. It shall also apply to geothermal wells to the extent provided by A.R.S. § 45-591.01, and all exploration wells and grounding or cathodic protection holes greater than 100 feet in depth. However, this Article shall not apply to the following:

1. Man-made openings in the earth not commonly considered to be wells, such as construction and mining blast holes, underground mines and mine shafts, open pit mines, tunnels, septic tank systems, caissons, basements, and natural gas storage cavities.

2. Injection wells and vadose zone wells which are subject to regulation by the Arizona Department of Environmental Quality.

3. Oil, gas, and helium wells drilled pursuant to the provisions of A.R.S. Title 27.

4. Drilled boreholes in the earth less than 100 feet in depth which are made for purposes other than withdrawing or encountering groundwater, such as exploration wells and grounding or cathodic protection holes; except that in the event that groundwater is encountered in the drilling of a borehole, this Article shall apply.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-803 Well Drilling and Abandonment Requirements; Licensing and Supervision Requirements

A. A person shall not drill or abandon a well, or cause a well to be drilled or abandoned, in a manner which is not in compliance with A.R.S. Title 45, Chapter 2, Article 10, and the rules adopted thereunder.

B. A person, other than a single well licensee or a bona fide employee of a well drilling contractor, shall not engage in well drilling or abandonment without first securing a well drilling license in accordance with R12-15-804, R12-15-805 and R12-15-806.

C. A qualifying party of a well drilling contractor shall provide direct and personal supervision of the contractor's employees to ensure that all wells are constructed and abandoned in accordance with this Article.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Section 12-15-803 amended and the text of former Section R12-15-804 renumbered to subsections (B) and (C) and amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-804 Application for Well Drilling License

A. An applicant for a well drilling license shall submit a verified application of a form prescribed and furnished by the Director which contains the following information:

1. A designation of the classification of license sought by the applicant.

If the applicant is an individual, the individual's name, address and telephone number.

3. If the applicant is a partnership, the names, addresses, and telephone numbers of all partners, with a designation of any limited partners.

4. If the applicant is a corporation, association or other organization, the names, addresses and telephone numbers of the directors and of the president, vice president, secretary and treasurer, or the names, addresses and telephone numbers of the functional equivalent of such officers.

5. The address or location of the applicant's place of business, the mailing address if it is different from the applicant's place of business, and if applicant is a corporation, the state in which it is incorporated.

6. The name, address and telephone number of each qualifying party, the qualifying party's relationship to the applicant, and a detailed history of each qualifying party's supervisory responsibilities and well drilling experience, including previous employers, job descriptions, duties and types of equipment utilized.

7. The names, addresses and telephone numbers of three persons not members of each qualifying party's immediate family, who can attest to each qualifying party's good character and reputation, experience in well drilling, and qualifications for licensing.

8. Such additional information relevant to the applicant's or qualifying party's experience and qualifications in well drilling as the Director may require.

B. An applicant shall notify the Director in writing of any change in the information contained in the application within 30 days after such change.

C. The Director shall not issue a license under this Article if the applicant or a qualifying party lacks good character and reputation.

D. Prior to the issuance of a license, a qualifying party shall demonstrate three years of experience, dealing specifically with the type of drilling for which the applicant is applying for a license. This experience requirement may be reduced if the Director finds that the qualifying party has clearly and convincingly demonstrated a high degree of understanding and knowledge of well drilling techniques for the type of drilling for which the applicant is applying for a license. In no case, however, shall the practical experience requirement be less than two years.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Former Section R12-15-804 renumbered to R12-15-803(B) and (C), new Section R12-15-804 adopted effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-805 Examination for Well Drilling License

A. The Director shall offer an examination for a well drilling license no less than six times yearly. The examination shall be administered to those eligible applicants whose applications were submitted at least 20 days prior to the date of the examination. The examination shall consist of a section on legal requirements, a section on general knowledge and one or more of six specialized sections. The section on legal requirements shall test the qualifying party's knowledge of A.R.S. Title 45, Chapter 2, Article 10, and the rules adopted thereunder. The section on general knowledge shall test the qualifying party's knowledge of general hydrologic concepts, principles, and practices in the well construction industry, and shall test knowledge of groundwater protection, pollution, water quality and public health effects. The specialized sections shall test the qualifying party's knowledge in the following classifications:

1. Cable tool drilling in rock and unconsolidated material.

2. Air rotary drilling in rock and unconsolidated material.

3. Mud rotary drilling in rock and unconsolidated material.

4. Reverse rotary drilling in rock and unconsolidated material.

5. Jetting and driving wells in unconsolidated material.

6. Boring and augering in unconsolidated material.

B. Only the qualifying party, department personnel, and persons having the express permission of the Director shall be permitted in the examination room while the examination is in progress. The qualifying party shall not bring books or notes into the examination room, or communicate by any means whatsoever while the examination is in progress without the express permission of the presiding examiner. The qualifying party shall not leave the examination room while the examination is in progress without first obtaining the permission of the presiding examiner. The Director may disqualify an applicant for violation of this subsection.

C. To obtain a well drilling license, a qualifying party of the applicant shall pass the section on legal requirements, the section on general knowledge, and one or more specialized sections. Each section of the examination shall be graded separately. The passing grade on each section shall be 70 percent.

D. No person may take the examination more than twice during any 12 months.

E. The Director may exempt a qualifying party from taking the section on general knowledge, and one or more of the specialized sections, if the qualifying party provides proof of passing an equivalent examination given by the National Ground Water Association.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Section repealed, new Section adopted effective June 18, 1990 (Supp. 90-2). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).

Ariz. Admin. Code § R12-15-806 License Fee; Issuance and Term of Licenses; Renewal; Display of License

A. The fee for a well driller's license shall be $50.00.

B. Upon submittal of the license fee and satisfactory completion of an examination, the Director shall issue the applicant a well drilling license. The license shall be numbered and shall state the specialized classifications of drilling activities for which the applicant is qualified and licensed. The applicant shall be licensed in only those classifications for which the qualifying party has passed the specialized sections of the examination. If the qualifying party subsequently passes other specialized sections, the applicant's license shall be amended. The applicant shall pay a fee of $50.00 for the amendment of a well driller's license.

C. A well drilling contractor shall notify the Director in writing within 30 days of the date on which the well drilling contractor no longer has a qualifying party for one or more of its specialized drilling classifications. Upon such notification, the Director may revoke or suspend part or all of the well drilling license of the well drilling contractor and require a new qualifying party to take and pass the examination.

D. A well drilling license shall expire each year on June 30th, unless renewed pursuant to subsection (E).

E. A person may renew a well drilling license by submitting an application for renewal on forms prescribed and furnished by the Director and a fee of $50.00. If the application and renewal fee are postmarked on or before June 30, the well drilling contractor may operate as a licensee until actual issuance of the renewal license. A license which has expired may be reactivated and renewed within one year of its expiration by filing the required application and a reactivation fee of $50.00. If a license has been expired for one or more years for failure to renew, the well drilling contractor shall apply for a new license and repeat the examination.

F. A well drilling contractor shall prominently display the well drilling license number on all well drilling rigs owned or operated by the contractor in this state. Good quality paint or commercial decal numbers shall be used in placing each identification number on the drilling rig. The license number shall not be inscribed in crayon, chalk, pencil, or other temporary markings.

History

• Adopted effective March 5. 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-807 Single Well License

A. An applicant for a single well license pursuant to A.R.S. § 45-595(D) shall submit a verified application on forms prescribed and furnished by the Director, which shall include:

1. The name and address of the applicant.

2. The location of the well and whether the applicant owns the land.

3. The type of drill rig to be used and the owner of the rig.

4. The proposed design of the well or method of abandonment.

5. The names of any people who will be assisting the applicant in the drilling or abandonment of the well, and whether the applicant will compensate them for their efforts.

6. The applicant's experience, if any, in well drilling or abandonment.

Such other information as the Director may require relevant to the applicant's experience and qualifications in well drilling or abandonment.

B. The Director shall offer the single well examination no less than six times yearly and shall administer the examination to those eligible applicants whose applications were submitted at least 20 days prior to the date of the examination.

C. The single well examination shall be of a form prescribed and furnished by the Director and shall test the applicant's knowledge of abandonment techniques, or those minimum well construction requirements and drilling techniques applicable to the proposed design of the well. The passing grade on the sections of the examination dealing with construction requirements and drilling techniques, respectively, shall be 70 percent.

D. Rule R12-15-805 relating to testing procedures shall be fully applicable.

E. Applicants who twice fail the examination shall wait a minimum of 90 days before re-testing.

F. Upon passing the examination, the applicant shall be issued a single well license, authorizing the applicant to drill or abandon one exempt well at the location specified in the application. The license shall be valid for a period of one year from issuance.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-808 Revocation of License

The Director may revoke, suspend, or place on probationary status a well drilling license issued pursuant to R12-15-806, or a single well license, for good cause, including:

1. Intentionally making a misstatement of fact on any filing with the Department.

2. Violating any provision of A.R.S. Title 45, Chapter 2, Article 10, and the rules promulgated thereunder, or aiding and abetting in such a violation.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2). Section number corrected (Supp. 93-1).

Ariz. Admin. Code § R12-15-809 Notice of Intention to Drill

A notice of intention to drill required to be filed pursuant to A.R.S. § 45-596 shall be signed by the owner or lessee of the property upon which the well is to be drilled.

History

• Adopted effective March 5, 1984 (Supp. 84-2).

Ariz. Admin. Code § R12-15-810 Authorization to Drill

A. A well drilling contractor or single well licensee may commence drilling a well only if the well drilling contractor or licensee has possession of a drilling card at the well site issued by the Director in the name of the well drilling contractor or licensee, authorizing the drilling of the specific well in the specific location.

B. In extraordinary situations not requiring a permit but only a notice of intention to drill, the Director may grant a request by telephone for emergency authorization of commencement of drilling prior to the actual receipt by the well driller of the drilling card. Within seventy-two hours after such a request is granted, the well driller shall file a written statement indicating the nature and reasons for the request, and the date, time and Department employee granting the request, and the well owner shall file a notice of intent to drill if such a notice has not previously been filed.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).

Ariz. Admin. Code § R12-15-811 Minimum Well Construction Requirements

A. Well casing

1. Casing shall be of a sufficient strength and wall thickness to hold the borehole open and survive any necessary grouting. A person shall use only steel or thermoplastic casing in the construction of a well, unless the person has received a variance from the Director pursuant to R12-15-820. The well casing or an extension of the casing shall extend a minimum of one foot above ground level. When installing a pitless adaptor, the casing may be terminated below ground level for aesthetic reasons or freeze protection purposes. Casing made of, or which has been exposed to, hazardous or potentially harmful materials, such as asbestos, shall not be used.

2. All well casing joints or overlaps shall be made watertight to prevent the degradation of the water supply by the migration of inferior quality water. Except as provided in subsection (H) of this rule, any openings in the casing that will be above the water level in the well, such as bar holes, cracks or perforations, shall be completely plugged or sealed.

3. Thermoplastic casing shall be installed in an oversized drillhole without driving. Thermoplastic casing shall conform with ATSM International Standard Specification F480-14(2014), which is incorporated herein by reference and is on file with the Office of the Secretary of State. Rivets or screws used in the casing joints shall not penetrate the inside of the casing.

4. Steel casing shall be new or in like-new condition, free from pits or breaks, and shall conform with ASTM International Standard Specification A53/53M-20 (2020), A139/139M-16 (2016) or) A312/312M-20 (2021), whichever is applicable, all of which are incorporated herein by reference and are on file with the Office of the Secretary of State.

5. Copies of the ASTM International standard specifications references to in subsections (3) and (4) above may be obtained with these rules at the Office of the Secretary of State of the State of Arizona, State Capitol, West Wing, Phoenix, Arizona 85007; from the Department of Water Resources, 1110 W. Washington Street, Suite 300, Phoenix, AZ 85007; and from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. This rule does not include any later amendments or editions of those standard specifications.

B. Surface seal

1. Except as provided in subsections (2) and (4) of this subsection, and R12-15-817(B)(1), all wells shall be constructed with a surface seal as herein provided. The seal shall consist of steel casing, one foot of which shall extend above ground level, and cement grout placed in one continuous application from the bottom of the zone to be grouted to the land surface. If a pitless adaptor is utilized, the cement grout may terminate at the bottom of the pitless adaptor. The minimum length of the steel casing shall be 20 feet. The minimum annular space between the casing and the borehole for placement of grout shall be one and one-half inches. Curing additives, such as calcium chloride, shall not exceed ten percent of the total volume of grout. Bentonite as an additive shall not exceed five percent of the total volume. The minimum length of the surface seal shall be 20 feet. Any annular space between the outer casing and an inner casing shall be completely sealed to prevent contamination of the well.

2. All hand-dug wells shall be constructed with a watertight curbing extending, at a minimum, from one foot above the natural ground level to the static water level, or into the confining formation if the aquifer is artesian. The curbing shall consist of poured cement grout or casing surrounded by cement grout. Concrete block with cement grout and rock with cement grout may also be used. The poured cement grout shall not be less than six inches thick. If casing is to be used, the minimum annular space between the casing and the borehole shall be three inches. Hand-dug wells shall be sealed at the surface with a watertight, tamper-resistant cover to prevent contaminants from entering the well.

3. All wells constructed by jetting or driving shall have cement grout placed in the annular space to a minimum depth of six feet. The minimum annular space between the casing and the borehole for placement of the grout shall be one and one-half inches.

4. All horizontal wells, to prevent leakage, shall be constructed with a surface seal consisting of steel casing and cement grout extending a minimum of ten feet into the land surface.

C. Access port. Every well with casing four inches in diameter or larger shall be equipped with a functional watertight access port with a minimum diameter of one-half inch so that the water level or pressure head in the well can be monitored at all times.

D. Gravel packed wells

1. If a gravel pack has been installed, the annular space between the outer casing and the inner casing shall be sealed, either by welding a cap at the top or by filling with cement grout from the bottom of the outer casing to the surface.

2. If a gravel tube is installed, it shall be sealed with a cap.

E. Vents. All vents installed in the well casing shall open downward and be screened to prevent the entrance of foreign material.

F. Removal of drilling materials

1. In constructing a water well, the well driller shall take all reasonable precautions to protect the producing aquifer from contamination by drilling materials. Upon completion of the well, the well driller shall remove all foreign substances and materials introduced into the aquifer or aquifers during well construction. For purposes of this subsection, "substances and materials" means all drilling fluids, filter cake, lost circulation materials, and any other organic or inorganic substances.

2. Materials known to present a health hazard, such as chrome-based mud thinners, asbestos products, and petroleum-based fluids, shall not be used as construction, seal or fill materials or drilling fluids.

Drilling fluids and cuttings shall be contained in a manner which prevents discharge into any surface water.

G. Repair of existing wells

1. If, in the repair of a well, the old casing is withdrawn, the well shall be recased in conformance with these rules.

2. If an inner casing is installed to prevent leakage of undesirable water into a well, the annular space between the casings shall be completely sealed by packers, casing swedging, pressure grouting or other methods which will prevent the movement of water between the casings.

H. Monitor wells

1. A monitor well may be screened up to ten feet above the highest seasonal static water level of record for the purpose of monitoring contaminants.

2. A monitor well shall be identified as such on the vault cover or at the top of the steel casing. Identification information shall include the well registration number.

I. Completion at the surface. In areas of traffic or public rights-of-way, wells may be constructed below the land surface in a vault. All other requirements in this Article shall apply.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2). The reference to R12-14-817(B)(1) in subsection (B)(1) corrected to read R12-15-817(B)(1) (Supp. 93-1). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4). Amended by final expedited rulemaking at 28 A.A.R. 266, effective 1/5/2022.

Ariz. Admin. Code § R12-15-812 Special Aquifer Conditions

A. Artesian wells

1. The well casing shall extend into the confining formation immediately overlying the artesian aquifer and shall be grouted from a minimum of ten feet into the confining formation to the land surface to prevent surface leakage into and subsurface leakage from the artesian aquifer.

2. If leaks occur adjacent to the well or around the well casing, within 30 days the well shall be completed with the seals, packers, or casing and grouting necessary to eliminate such leakage or the well shall be abandoned according to R12-15-816.

3. If the well flows at land surface, the well shall be equipped with a control valve, or suitable alternative means of completely controlling the flow, which must be available for inspection at the well site at all times.

B. Mineralized or polluted water. In all water-bearing geologic units containing mineralized or polluted water as indicated by available data, the borehole shall be cased and grouted so that contamination of the overlying or underlying groundwater zones will not occur.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-813 Unattended Wells

All wells, when unattended during well drilling, shall be securely covered for safety purposes and to prevent the introduction of foreign substances into the well.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Section number corrected (Supp. 93-1).

Ariz. Admin. Code § R12-15-814 Disinfection of Wells

A well drilling contractor shall disinfect any well from which the water to be withdrawn is intended to be utilized for human consumption or culinary purposes without prior treatment before removing the drill rig from the well site in accordance with the requirements contained in Engineering Bulletin No. 8, "Disinfection of Water Systems", issued by the Arizona Department of Health Services in August 1978, and Engineering Bulletin No. 10, "Guidelines for the Construction of Water Systems", issued by the Arizona Department of Health Services in May 1978, both of which are incorporated by reference and are on file with the Office of the Secretary of State. Copies of the Engineering Bulletins referred to above may be obtained with these rules at the Office of the Secretary of State of the State of Arizona, State Capitol, West Wing, Phoenix, Arizona 85007, and from the Department of Water Resources, 1110 W. Washington Street, Suite 300, Phoenix, AZ 85007. This rule does not include any later amendments or editions of those Bulletins.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4). Amended by final expedited rulemaking at 28 A.A.R. 266, effective 1/5/2022.

Ariz. Admin. Code § R12-15-815 Removal of Drill Rig from Well Site

The drilling rig shall not be removed from the well site unless the well is in one of the following conditions:

1. Constructed in full conformance with R12-15-811 and R12-15-812 and either sealed with a cap or equipped with a pump.

2. Abandoned in accordance with R12-15-816.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-816 Abandonment

A. Well abandonment shall be performed only by a licensed well drilling contractor or single well licensee.

B. Except as provided in subsection (F) of this Section, the owner of a well shall file a notice of intent to abandon the well prior to abandonment, on a form prescribed and furnished by the Director, which shall include:

1. The name and mailing address of the person filing the notice.

2. The legal description of the land upon which the well proposed to be abandoned is located and the name and mailing address of the owner of the land.

3. The legal description of the location of the well on the land.

4. The depth, diameter and type of casing of the well.

5. The well registration number.

6. The materials and methods to be used to abandon the well.

7. When abandonment is to begin.

8. The name and well drilling license number of the well drilling contractor or single well licensee who is to abandon the well.

9. The reason for the abandonment.

10. Such other information as the Director may require.

C. The Director shall, upon receipt of a proper notice of intent to abandon, mail a well abandonment authorization card to the designated well drilling contractor or single well licensee.

D. Except as described in subsection (F) of this Section, a well drilling contractor or single well licensee may commence abandoning a well only if the driller has possession of an abandonment card at the well site, issued by the Director in the name of the driller, authorizing the abandonment of that specific well or wells in that specific location.

E. Within 30 days after a well is abandoned pursuant to this Section, the well drilling contractor or single well licensee shall file with the Director a Well Abandonment Completion Report on a form prescribed and furnished by the Director which shall include the date the abandonment of the well was completed and such other information as the Director may require.

F. In the course of drilling a new well, the well may be abandoned without first filing a notice of intent to abandon and without an abandonment card. If the well is abandoned pursuant to this subsection without first filing a notice of intent to abandon and without an abandonment card, the well drilling contractor or single well licensee shall provide the following information in the Well Abandonment Completion Report:

1. The legal description of the land upon which the well was abandoned and the name and mailing address of the owner of the land.

2. The legal description of the location of the well on the land.

3. The depth, diameter and type of casing of the well prior to abandonment.

The well registration number.

The materials and methods used to abandon the well.

6. The name and well drilling license number of the well drilling contractor or single well licensee who abandoned the well.

7. The date of completion of the abandonment of the well.

8. The reason for the abandonment.

9. Such other information as the Director may require.

G. The abandonment of a well shall be accomplished through filling or sealing the well so as to prevent the well, including the annular space outside the casing, from being a channel allowing the vertical movement of water.

H. A well drilling contractor or single well licensee shall construct a surface seal for a well that does not penetrate an aquifer, as follows:

1. If the casing is removed from the top 20 feet of the well, a cement grout plug shall be set extending from two feet below the land surface to a minimum of 20 feet below the land surface, and the well shall be backfilled above the top of the cement grout plug to the original land surface.

2. If the casing is not removed from the top 20 feet of the well, a cement grout plug shall be set extending from the top of the casing to a minimum of 20 feet below the land surface and the annular space outside the casing shall be filled with cement from the land surface to a minimum of 20 feet below the land surface.

I. In addition to the surface seal required in subsection (H):

1. A well penetrating a single aquifer system with no vertical flow components shall be filled with cement grout, concrete, bentonite drilling muds, clean sand with bentonite, or cuttings from the well.

2. A well penetrating a single or multiple aquifer system with vertical flow components shall be sealed with cement grout or a column of bentonite drilling mud of sufficient volume, density, and viscosity to prevent fluid communication between aquifers.

J. Materials containing organic or toxic matter shall not be used in the abandonment of a well.

K. The owner or operator of the well shall notify the Director in writing no later than 30 days after abandonment has been completed. The notification shall include the well owner's name, the location of the well, and the method of abandonment.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).

Ariz. Admin. Code § R12-15-817 Exploration Wells

A. Notification. Prior to drilling one or more exploration wells, the well owner, lessee, or exploration firm shall file a notice of intention to drill on forms provided by the Director. If the notice of intention to drill is filed for the project as a whole, the drilling card shall be issued for the project as a whole.

B. Construction and abandonment.

1. If an exploration well which is to be left open for re-entry at a later date encounters groundwater, it shall be cased and capped in accordance with R12-15-811, R12-15-812, and R12-15-822. The minimal length of surface seal shall be either 20 feet, or five feet into the first encountered consolidated formation, whichever is less. If no groundwater is encountered, the well shall be cased, grouted and capped in such a manner so as to prevent contamination of the well bore from the surface.

2. Exploration wells not left open for re-entry shall be abandoned in accordance with R12-15-816.

C. Completion report. Within 30 days of project completion, the well owner, lessee, or exploration firm shall submit a project completion report on forms provided by the Director. The report shall include:

1. The exact number of wells drilled.

2. The depth to water encountered or detected, with reference to specific wells.

3. The abandonment method utilized, or construction details if completed for re-entry.

4. Any other information which the Director may require.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-818 Well Location

Except for monitor wells and piezometer wells, no well shall be drilled within 100 feet of any septic tank system, sewage disposal area, landfill, hazardous waste facility, storage area of hazardous materials or petroleum storage areas and tanks, unless authorized in writing by the Director.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-819 Use of Well As Disposal Site

No well may be used as a storage or disposal site for sewage, toxic industrial waste, or other materials that may pollute the groundwater, except as authorized by the Arizona Department of Environmental Quality.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-820 Request for Variance

A. If extraordinary or unusual conditions exist, a well drilling contractor or owner may request a variance from the provisions of this Article.

B. The request for variance shall be in writing and shall set forth the location of the well site, the reasons for the request, and the recommended requirements to be applied. The Director may approve the request only if the well drilling contractor or owner has clearly demonstrated that the variance will not adversely affect other water users or the local aquifers.

C. A variance shall not be effective until the well drilling contractor or owner receives from the Director a written approval of the variance and a new drilling card stamped "variance issued."

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-821 Special Requirements

If the Director determines that the literal application of the minimum well construction requirements contained in this Article would not adequately protect the aquifer or other water users, the Director may require that further additional measures be taken, such as increasing the length of the surface seal or increasing the well's minimum distance from a potential source of contamination.

History

• Adopted effective March 5, 1984 (Supp. 84-2). Amended effective June 18, 1990 (Supp. 90-2).

Ariz. Admin. Code § R12-15-822 Capping of Open Wells

A. The owner of an open well shall either install a cap on the well or abandon the well in accordance with R12-15-816. Within five days after capping the well, the owner of the well shall file with the Department a notice of well capping on a form approved by the Director which shall include the following information:

The name and address of the well owner.

2. The name and address of the person installing the cap.

3. The well registration number.

4. The legal description of the location of the well.

5. The date the well was capped.

6. The method of capping.

7. The type and diameter of casing.

B. If no casing exists in an open well, or if the integrity of the existing casing is insufficient to allow installation of a cap, the well owner shall install a surface seal in accordance with R12-15-811(B) prior to capping.

C. The owner of a well on which a cap is installed shall make the cap tamper resistant by welding the cap to the top of the casing by the electric arc method of welding, except that the owner of a well may make the cap tamper resistant by securing the cap to the top of the casing with a lock during temporary periods of well maintenance, modification or repair, not to exceed 30 days, or at any time if the well is a monitor well or piezometer well.

History

• Adopted as an emergency effective March 2, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Readopted without change as an emergency effective June 2, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Emergency expired. Readopted without change as an emergency effective September 5, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency expired. Readopted without change as an emergency effective December 1, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency expired. Readopted without change as an emergency effective March 23, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-1). Permanent rule adopted with changes effective June 18, 1990 (Supp. 90-2). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).

Ariz. Admin. Code §§ R12-15-823 through R12-15-849 Reserved

Ariz. Admin. Code § R12-15-850 Evaluation of Notices of Intention to Drill; Notification of Registered Site Locations; Vertical Cross-contamination Evaluation

A. The Director shall, upon receipt of a complete and correct notice of intention to drill form required under A.R.S. § 45-596, or upon receipt of an application for a permit under A.R.S. § 45-597 through 45-599, identify whether the proposed well will be drilled within a groundwater basin or subbasin in which there exists a site listed on the registry established under A.R.S. § 49-287.01(D). If the proposed well is situated within such a groundwater basin or subbasin, the Director shall notify the applicant and the authorized well drilling contractor in writing of the existence of the site and shall enclose a map indicating the boundaries of all listed sites within the groundwater basin or subbasin. The notification letter shall include the name, address, and telephone number of a Department contact person, along with a reference to the provision in R12-15-851 that requires the applicant to notify the Department in advance of the date drilling of the well will commence. The Department shall also specify in the notification letter whether the applicant is subject to the requirements of R12-15-851.

B. The Director shall, upon receipt of a complete and correct notice of intention to drill form required under A.R.S. § 45-596, or upon receipt of an application for a permit under A.R.S. § 45-597 through 45-599, identify whether the proposed well will be drilled within an area where existing or anticipated future groundwater contamination presents a risk of vertical cross-contamination, as defined in A.R.S. § 49-281(15). If the Director determines that the proposed well will be drilled in such an area, and if the Director finds that the requirements of R12-15-811 are insufficient to prevent the risk of vertical cross-contamination, the Director shall establish site-specific requirements pursuant to R12-15-812 and R12-15-821.

History

• New Section adopted by final rulemaking at 6 A.A.R. 469, effective January 3, 2000 (Supp. 00-1).

Ariz. Admin. Code § R12-15-851 Notification of Well Drilling Commencement

A well owner who has been issued a drilling card for a notice of intent to drill authorizing the drilling of a well located within a site listed on the registry established under A.R.S. § 49-287.01, shall provide written notice to the Director indicating the date drilling will commence. The well owner shall coordinate with the contracted well driller to ensure that the Department receives proper notification under this Section. This notification shall consist of a letter or facsimile transmission received by the Department at least 2 business days before drilling commences at the well site. The Department shall use notification letters required by R12-15-850(A) to inform well owners whether they are subject to the requirements of this Section.

History

• New Section adopted by final rulemaking at 6 A.A.R. 469, effective January 3, 2000 (Supp. 00-1).

Ariz. Admin. Code § R12-15-852 Notice of Well Inspection; Opportunity to Comment

A. At least 30 days before the beginning of a well inspection under A.R.S. § 45-605(A), the Director shall notify in writing all potentially affected well owners of record within a community involvement area established under A.R.S. § 49-289.02 or within other areas that the Director has selected for inspection of wells that may be contributing to vertical cross-contamination. The notices shall include a map of the community involvement area, remedial site, or a subsection of either, that the Department intends to inspect, indicating the location of affected wells of record. The notice shall indicate the approximate date the inspection will start, the approximate duration of the inspection, an access agreement defining what specific activities will occur during a well inspection, and the name, address, and telephone number of a Department contact person.

B. Once the Director has given notice of a well inspection under A.R.S. § 45-605(A), potentially affected well owners have 30 days from the date the letter is postmarked to comment on the proposed inspection. The Director, upon receiving a written request, may extend the comment period for a maximum of 30 additional days.

History

• New Section adopted by final rulemaking at 6 A.A.R. 469, effective January 3, 2000 (Supp. 00-1).

Article 9 WATER MEASUREMENT

Ariz. Admin. Code § R12-15-901 Definitions

In addition to the definitions set forth in A.R.S. §§ 45-101 and 45-402, the following words and phrases shall have the following meanings, unless the context otherwise requires:

1. "Approved measuring device" means an instrument, approved by the Director pursuant to R12-15-903 or R12-15-909(A) which measures the volume or flow rate of water withdrawn, delivered, received, transported, recharged, stored, recovered, or used, and which measurements, when used with an approved measuring method, allow for accurate computation of a volume of water.

2. "Approved measuring method" means a procedure, approved by the Director in R12-15-903 or R12-15-909(A), which, when used with an approved measuring device, will accurately calculate a volume of water.

3. "Flow rate" or "discharge" means the volume of water, including any sediment or other solids that may be dissolved or mixed with it, which passes through a particular reference section in a unit of time.

4. "Measured system" means a system through which water passes for the purpose of withdrawal, delivery, receipt, transportation, recharge, storage, replenishment, recovery or use.

5. "Responsible party" means an irrigation district or a person required by A.R.S. Title 45 or by a permit, rule, or order issued pursuant to A.R.S. Title 45, to use a measuring device or method approved by the Director.

History

• Adopted effective December 27, 1982 (Supp. 82-6). Amended effective June 15, 1995 (Supp. 95-2). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2).

Ariz. Admin. Code § R12-15-902 Installation of Approved Measuring Devices

A. A responsible party shall install an approved measuring device to monitor the volume of water withdrawn, delivered, transported, recharged, stored, replenished, recovered, and used.

B. A responsible party shall install and use a sufficient number of approved measuring devices to allow for the separate monitoring and reporting of the volume of water passing through the measured system pursuant to the following categories of rights:

1. Irrigation grandfathered rights,

2. Non-irrigation grandfathered rights,

3. Service area rights,

4. Groundwater withdrawal permits, and

5. Recovery well permits or water storage permits.

This subsection does not require separate measuring devices for rights within each category unless otherwise required by A.R.S. Title 45, a permit, rule, or order pursuant to that Title.

C. An approved measuring device which measures groundwater withdrawals shall be installed as close to the wellhead as is practical, consistent with the manufacturer's instructions. An approved measuring device which measures another point in the measured system shall be installed as close as is practical to the point of delivery, receipt, transportation, recharge, storage, replenishment, recovery, or use which the device is intended to measure, consistent with the manufacturer's instructions.

History

• Adopted effective December 27, 1982 (Supp. 82-6). Amended effective June 15, 1995 (Supp. 95-2). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2).

Ariz. Admin. Code § R12-15-903 Approved Water Measuring Devices and Methods

A. Any measuring device is approved by the Director if it is installed, maintained, and used in accordance with the manufacturer's recommendations, and if it meets the accuracy requirements set forth in R12-15-905(A).

B. An approved measuring device shall be used with an approved measuring method set forth in R12-15-903(C) or an alternative measuring method approved by the Director as provided in R12-15-909(A).

C. The following water measuring methods are approved by the Director:

1. Totalizing measuring method: This method requires an approved measuring device which continuously records the volume of water passing through the measured system;

2. Electrical consumption measuring method: This method requires measurements of either pipeflow rates or open-channel flow rates used in combination with electrical energy records;

3. Natural gas consumption measuring method: This method requires measurements of either pipe flow rates or open channel flow rates used in combination with natural gas energy records;

4. Hour meter measuring method: This method requires measurements of either pipe flow rates or open-channel flow rates used in combination with hour meter readings;

5. Elapsed time of flow method: This method requires measurements of flow rates used in combination with elapsed time of the flow. This method may be used only by a responsible party who receives water from an open channel or by a person or entity who delivers water in an open channel to one or more grandfathered rightholders or permit holders, if it is not possible to use the electrical or gas consumption measurement methods or hour meter measuring method.

History

• Adopted effective December 27, 1982 (Supp. 82-6). Amended effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R12-15-904 Water Measuring Method Reporting Requirements

A. A responsible party using one of the water measuring methods described in R12-15-903 shall file, with the annual report required by A.R.S. Title 45 and on a form prescribed by the Director, the following information, unless that information has not changed from that submitted in the annual report filed in the previous calendar year.

1. The approved measuring method used;

2. The type of approved measuring device used;

The make, model, and size of the approved measuring device used.

B. Except as provided in R12-15-904(B)(5) and R12-15-909(B) and (D), a responsible party shall file with the annual report the information required in subsection (A) of this Section and the following information on a form prescribed by the Director:

1. Totalizing measuring method:

a. The initial totalizing meter reading for the reporting year taken prior to the first use of the measured system during the reporting year;

b. The end totalizing meter reading for the year taken subsequently to the last use of the measured system during the reporting year;

c. The units in which the water is measured;

d. Whether the power meter serves uses other than the pump motor or engine;

e. An estimate of the amount of any water passing through the measured system during measuring device malfunctions;

f. If the well is in operation for more than a 30-day period, the results of a minimum of two flow-rate measurements per reporting year taken under normal system operating conditions. The responsible party shall not submit the results of the flow-rate measurements with the annual report unless a meter malfunction continues longer than 72 hours during the reporting year;

g. The installation or overhaul date of the totalizing meter; and

h. The name of the energy company supplying energy to the responsible party's measured system, its power account number, meter number, total energy consumption for the year, and the type of energy unit.

2. Electrical consumption measuring method:

a. The results of a minimum of two flow-rate measurements per reporting year taken at least 30 days apart and under normal system operating conditions or, if the measured system is used during a single period of 30 days or less during the year, the result of one flow-rate measurement taken during that single period in that year under normal system operating conditions;

b. The dates of the measurements;

c. The discharges in gallons per minute;

d. The time, in seconds, of ten cycles of the electric meter disk, power indicator pulse, or an alternative measurement, provided that the alternative means of measurement is approved in advance by the Director;

e. The inside diameter of the discharge pipe;

f. The multiplier (Kr) and disk constant (Kh) of the electric meter; and

g. The name of the energy company supplying energy to the responsible party's measured system, its power account number, meter number, total energy consumption for the year, and the type of energy unit.

3. Natural gas consumption measuring method:

a. The results of a minimum of two flow-rate measurements per reporting year taken at least 30 days apart and under normal system operating conditions or, if the measured system is used during a single period of 30 days or less during the year, the result of one flow-rate measurement taken during that single period in that year under normal system operating conditions;

b. The dates of the measurements;

c. The discharges in gallons per minute;

d. The amounts of gas per second in cubic feet indicated by the gas meter;

e. The billing factors (F);

f. The inside diameter of the discharge pipe; and

g. The name of the energy company supplying energy to the responsible party's measured system, its power account number, meter number, total energy consumption for the year, and the type of energy unit.

Hour meter measuring method:

a. The results of a minimum of two flow-rate measurements per reporting year taken at least 30 days apart and under normal system operating conditions or, if the measured system is used during a single period of 30 days or less during the year, the result of one flow-rate measurement taken during that single period in that year under normal system operating conditions;

b. The dates of the measurements;

c. The discharges in gallons per minute;

d. The initial hour meter reading for the reporting year taken prior to the first use of the measured system during the reporting year;

e. The end hour meter reading taken subsequently to the last use of the measured system during the reporting year;

f. Whether the energy meter serves uses other than the pump motor or engine;

g. The installation or overhaul date of the hour meter; and

h. The name of the energy company supplying energy to the responsible party's measured system, its power account number, meter number, total energy consumption for the year, and the type of energy unit.

5. Elapsed time of flow measuring method: A responsible party using this measuring method shall not be required to submit the following information with the annual report but instead shall record and retain it for three years after the reporting year.

a. The responsible party or agent shall measure and record an initial flow rate taken at the start of flow for each delivery of water;

b. If the flow rate continues for more than eight hours, a subsequent measured flow-rate measurement shall be taken. If any subsequently measured flow-rate differs by more than 10% from the initial flow rate, and the delivery is not adjusted to conform with the initial flow rate, the responsible party or agent shall record the subsequent flow rate;

c. The time the flow begins and the time the flow ends for each delivery of water; and

d. The dates of the measurements.

C. A responsible party or person or entity who uses an approved measuring method or an approved alternative water measurement method shall save the records required by subsections (A) and (B) of this Section for three years after the reporting year.

History

• Adopted effective December 27, 1982 (Supp. 82-6). Former Section R12-15-904 renumbered to R12-15-905, new Section adopted effective June 15, 1995 (Supp. 95-2). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-905 Accuracy of Approved Measuring Devices

A. A responsible party shall install, maintain, and use an approved measuring device and method in a manner which will ensure that its measurement error does not exceed 10% of the actual flow rate.

B. All measured systems shall be installed or constructed and thereafter maintained so as to allow the Director, using another measuring device, to check readily the accuracy of the measuring device utilized by the responsible party.

History

• Adopted effective December 27, 1982 (Supp. 82-6). Former Section R12-15-905 renumbered to R15-15-906, new Section R12-15-905 renumbered from R12-15-904 and amended effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R12-15-906 Repair and Replacement of Approved Measuring Devices

If an approved measuring device fails to perform its designated function for more than 72 hours, the responsible party shall notify the Director of the failure, in writing, within seven calendar days after the discovery of the failure of the device. The reason for such failure shall be stated, as well as the estimated date of return to service of the device. If the malfunction is discovered by the Director and the malfunction does not appear to be the result of an attempt to render the device inaccurate, the Director shall notify the responsible party of the malfunction. The responsible party shall return the measuring device to full service within 30 days of either original notice by the responsible party to the Director or by the Director to the responsible party, unless repair or replacement service or parts are not available. In such case, the responsible party shall notify the Director of the delay within seven days and the reasons for it. The responsible party shall take corrective action in such cases as soon as practical. In all cases, the responsible party shall notify the Director within seven days when the measuring device is returned to full service and shall submit on a form prescribed by the Director estimates of the volume of water, if any, passing through the measured system during the period the measuring device was out of service and a description of the method used to calculate the estimates.

History

• Section R12-15-906 renumbered from R12-15-905 and amended effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R12-15-907 Calculation of Irrigation Water Deliveries

If one or more irrigation grandfathered rights receive water by a common distribution system where water is measured with an approved device or method at the point of delivery to the common distribution system, but not at a point of delivery to each irrigation grandfathered right, each irrigation grandfathered rightholder or agent shall report the water used by either of the following methods:

1. Estimate the amount of water used based on a pro rata share of the acres irrigated, or

2. Estimate the amount of water used based on a combination of the pro rata share of the acres irrigated and the consumptive use of each crop grown.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R12-15-908 Measurement of Water by One Person on Behalf of Another

A responsible party shall be liable for any fines, penalties, or other sanctions resulting from the installation, monitoring, use, or accuracy of any measuring device, method, or recordkeeping, notwithstanding that the installation, monitoring, use, or recordkeeping may have been done by an agent of the responsible party.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R12-15-909 Alternative Water Measuring Devices, Methods, and Reporting

A. A responsible party may use an alternative water measuring device or method that differs from those described in R12-15-903 provided the device or method is approved in advance by the Director. The Director shall approve an alternative water measuring device or method if the device meets the requirements of R12-15-905. The Director may require from the responsible party such information as may be necessary to demonstrate that the alternative device or method meets the requirements of R12-15-905.

B. Responsible parties may substitute equivalent information for the information required on the annual report form or use reporting formats that differ from that required in R12-15-904, provided the substituted information or format is approved in advance by the Director.

C. Responsible parties may use estimation methods that differ from those described in R12-15-907 provided they are approved in advance by the Director.

D. A municipal provider is exempted from the reporting requirements under R12-15-904 and the provisions under R12-15-906 pertaining to notification to the Director of measuring device malfunctions regarding metered service connections, unless required to report by A.R.S. Title 45 or by a permit, rule, or order issued pursuant to A.R.S. Title 45.

E. Municipal providers and irrigation districts may notify the Director of measuring device malfunctions at the time of filing the annual report and in a manner that differs from the requirements of R12-15-906, provided the municipal provider or irrigation district implements a schedule of regular maintenance of measuring devices, repairs or replaces malfunctioning measuring devices within seven days of discovery of the malfunction, and the alternative notification is approved in advance by the Director.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Article 10 REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS

Ariz. Admin. Code § R12-15-1001 Definitions

In addition to the definitions in A.R.S. §§ 45-101 and 45-402, the following words and phrases in this Article have the following meanings, unless the context otherwise requires:

1. "Annual account" means an accounting of water required to be filed pursuant to A.R.S. § 45-468.

2. "Annual report" means an annual report of water withdrawn, delivered, received, transported, recharged, stored, recovered, replenished or used as required by A.R.S. §§ 45-437, 45-467, 45-632, 45-875.01, 45-876.01, 45-877.01, 45-878.01 or 45-1004.

3. "Central Arizona project water" means Colorado River water delivered through the facilities of the central Arizona project, and surface water from any other source conserved and developed by dams and reservoirs in the central Arizona project and lawfully delivered by the United States or a multi-county conservation district.

4. "Decreed or appropriative surface water" means surface water which is delivered or used pursuant to a decreed or appropriative water right, except any such water which is included in central Arizona project water.

5. "Farm" means an area of irrigated land under the same ownership as defined in A.R.S. § 45-402, including the area of land described in a certificate of irrigation grandfathered right, as well as contiguous land that the owner is legally entitled to irrigate only with decreed or appropriative surface water.

6. "Maximum annual groundwater allotment" means the quantity of water in acre-feet obtained by multiplying the number of water duty acres for a farm by the current irrigation water duty for the farm unit.

7. "Normal flow" means water delivered or used pursuant to a right to appropriate an unstored, natural flow of surface water.

8. "Operating flexibility account" means an accounting of water use pursuant to an irrigation grandfathered right as provided in A.R.S. § 45-467.

9. "Responsible party" means a person required by law to file an annual account or annual report.

10. "Spillwater" means surface water, other than Colorado River water, released for beneficial use from storage, diversion, or distribution facilities to avoid spilling that would otherwise occur due to uncontrolled surface water inflows that exceed facility capacity and to which one of the following applies:

a. The water is released from the facility under written criteria for releasing water to avoid spilling that have been approved in writing by the Director.

b. The water is released from the facility because an unreasonable risk exists that the storage capacity of the facility will be exceeded within the next 30 days because the facility is near capacity and either the inflow to the facility or the forecast runoff into the facility is equal to or greater than the quantity of water ordered from the facility.

c. The water is released from the facility because an unreasonable risk exists that the storage capacity of the facility will be exceeded more than 30 days in the future because the forecast runoff into the facility exceeds current unused storage capacity and projected water demand during the forecast period, provided that the Director has made a written finding before the release that the forecast is reasonable.

11. "Surface water right acre" means land to which the owner is legally entitled to apply decreed or appropriative surface water.

12. "Tailwater" means water which, after having been applied to a farm for irrigation purposes,

a. Is subsequently used for the irrigation of a different farm, without having entered the distribution system of a city, town, private water company or irrigation district, or

b. Is delivered to an irrigation district in accordance with R12-15-1010. Such water, once having entered the distribution system of the irrigation district, loses its characterization as tailwater.

13. "Water deliverer" means a city, town, private water company or irrigation district delivering a combination of groundwater and any other type of water for irrigation purposes.

History

• Adopted effective December 27, 1982 (Supp. 82-6). Section R12-15-1001 renumbered to R12-15-1003, new Section R12-15-1001 adopted effective December 12, 1990 (Supp. 90-4). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1002 Form of Annual Account or Annual Report

A. A person filing an annual account or an annual report shall do so on a form prescribed by the Director, unless the person has requested and received the Director's prior written approval to use an alternative form.

B. A person may file both an annual account and an annual report in one document. A person required to file an annual account shall designate in the annual account whether the annual account is being filed also as an annual report.

History

• Adopted effective December 12, 1990 (Supp. 90-4).

Ariz. Admin. Code § R12-15-1003 Accuracy of Annual Reports

The quantity of water a responsible party reports in an annual report as having been withdrawn, delivered, received, transported, recharged, replenished, stored, recovered, or used during a year shall not deviate from the quantity of water actually withdrawn, delivered, received, transported, recharged, replenished, stored, recovered, or used by the responsible party during the year unless both of the following apply:

1. The deviation is 10 percent or less.

2. The deviation is not the result of an intentional act of misrepresentation by the responsible party.

History

• Section R12-15-1003 renumbered from R12-15-1001 effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1004 Annual Reports Filed on Behalf of a Responsible Party

A. A responsible party is liable for any fines, penalties, or other sanctions resulting from or attributable to the filing or content of an annual report filed on behalf of the responsible party by an irrigation district pursuant to A.R.S. § 45-632, or by another person in a form acceptable to the Director.

B. If a responsible party has not filed an annual report for a calendar year, and the Department receives an annual report for that calendar year purportedly filed on behalf of the responsible party by an irrigation district pursuant to A.R.S. § 45-632, or by another person in a form acceptable to the Director, there is a rebuttable presumption that the annual report was filed with the responsible party's knowledge, consent, and authorization.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1005 Management Plan Monitoring and Reporting Requirements

A responsible party who is required by a provision of a management plan to comply with monitoring and reporting requirements shall comply with such requirements and shall include all such information in an annual account or annual report.

History

• Adopted effective December 12, 1990 (Supp. 90-4).

Ariz. Admin. Code § R12-15-1006 Reporting Requirements for Holders of Recovery Well Permits

A responsible party recovering water during a year pursuant to a recovery well permit shall include in the annual report required by A.R.S. § 45-875.01 the names of any persons, other than non-irrigation customers of cities, towns, private water companies and irrigation districts, to whom the responsible party delivered the recovered water during the year, the quantity of recovered water delivered to each person named, and the uses to which the recovered water was applied. If the recovered water included commingled groundwater, decreed or appropriative surface water other than spillwater, central Arizona project water, effluent or spillwater, the responsible party shall include in the annual report an estimate of the quantity of each type of water delivered to each person named in the annual report or put to a specific use by the responsible party.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1007 Reporting Requirements for Annual Account

A person required to file an annual account pursuant to A.R.S. § 45-468 shall account for water provided to the following classes of users:

1. Cities and towns,

2. Private water companies,

3. Irrigation districts,

4. Dairies,

5. Metal mining facilities,

6. Cattle feed lots,

7. Turf-related facilities,

8. Sand and gravel facilities,

9. Electrical power generation facilities,

10. Other industrial users.

History

• Adopted effective December 12, 1990 (Supp. 90-4).

Ariz. Admin. Code § R12-15-1008 Information Required to Maintain an Operating Flexibility Account

A. A responsible party who withdraws, receives, or uses groundwater during a calendar year pursuant to an irrigation grandfathered right, including any in lieu water received pursuant to a groundwater savings facility permit issued pursuant to A.R.S. § 45-812.01, shall include the following information for the calendar year in an annual report filed pursuant to A.R.S. § 45-467 or 45-632:

1. The quantity of groundwater withdrawn from each well.

2. The quantity of groundwater withdrawn and delivered to another person for irrigation purposes.

3. The quantity of groundwater received from a city, town, private water company, or irrigation district, including any in lieu water received pursuant to a groundwater savings facility permit issued pursuant to A.R.S. § 45-812.01.

4. The quantity of groundwater received from a person other than a city, town, private water company, or irrigation district, including any in lieu water received pursuant to a groundwater savings facility permit issued pursuant to A.R.S. § 45-812.01.

5. The quantity of effluent received.

6. The quantity of decreed or appropriative surface water received, other than normal flow and spillwater.

7. The quantity of normal flow received.

8. The quantity of spillwater received.

The quantity of tailwater used.

The quantity of tailwater delivered in accordance with the provisions of R12-15-1010(A), and the farm or irrigation district to which the tailwater was delivered.

11. The quantity of central Arizona project water received.

12. The quantity of any surface water received and not accounted for pursuant to subsections (6) through (11) of this subsection.

13. The number of surface water right acres in the farm to which the irrigation grandfathered right is appurtenant.

14. The quantity of water used for the legal irrigation of acres in the farm to which irrigation grandfathered rights are not appurtenant. If the responsible party omits this information, the Director shall presume that the total amount of water received or used for the irrigation of the farm was applied to acres to which irrigation grandfathered rights are appurtenant.

15. Any other information the Director may reasonably require to accomplish the management goals of the applicable active management area.

B. A water deliverer shall include the following information for an accounting period in an annual account filed pursuant to A.R.S. § 45-468:

1. The quantity of groundwater delivered to each farm, including any in lieu water delivered pursuant to a groundwater savings facility permit issued pursuant to A.R.S. § 45-812.01.

2. The quantity of normal flow delivered to each farm.

3. The quantity of spillwater delivered to each farm.

4. The quantity of decreed or appropriative surface water, other than normal flow and spillwater, delivered to each farm.

5. The quantity of central Arizona project water delivered to each farm.

6. The quantity of decreed or appropriative surface water, other than normal flow and spillwater, delivered for use within the service area of the water deliverer, including all farm and non-farm deliveries.

7. The number of surface water right acres within the service area of the water deliverer.

8. The quantity of effluent delivered to each farm.

Any other information the Director may reasonably require to accomplish the purposes of A.R.S. § 45-468.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1009 Credits to Operating Flexibility Account

A. Except as provided in subsection (B) of this Section and in R12-15-1010, if the total amount of water from all sources other than spillwater used by a farm for irrigation purposes in a calendar year is less than the farm's maximum annual groundwater allotment for the year, the Director shall register the difference as a credit to the farm's operating flexibility account.

B. If a farm is within the service area of a water deliverer, the Director shall reduce the credit as calculated pursuant to subsection (A) of this Section by an amount equal to the difference between the farm's pro rata share of the total quantity of decreed or appropriative surface water, other than normal flow or spillwater, delivered by the water deliverer during the year for use within its service area, and the quantity of water actually received by the farm during the year. The Director shall determine the farm's pro rata share by dividing the number of surface water right acres in the farm that are within the service area of the water deliverer by the total number of surface water right acres within the service area of the water deliverer, and multiplying the quotient by the total quantity of decreed or appropriative surface water, other than normal flow or spillwater, delivered by the water deliverer during the year for use within its service area.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1010 Operating Flexibility Account; Tailwater

A. When calculating credits or debits to a farm's operating flexibility account for a year, the Director shall exclude from the total amount of water used on the farm during that year the amount of any tailwater that originated on the farm and that was delivered from the farm to another farm or to an irrigation district for irrigation purposes during the year if all of the following apply:

1. Prior to January 1 of the year in which the deliveries of tailwater take place, the Director approves a written plan to measure and record the tailwater deliveries. The plan shall include:

a. The installation and use of a totalizing water measuring device that will record tailwater deliveries with no greater than a 10 percent margin of error.

b. Procedures for keeping accurate records of the tailwater deliveries.

c. A description of how the tailwater will be delivered.

d. An identification of the farm or irrigation district to which the tailwater will be delivered.

2. The person has measured, recorded, and delivered the tailwater in accordance with the plan approved under subsection (A)(1) of this Section.

3. The tailwater was delivered directly from the farm on which it originated to:

a. A specified farm that used the tailwater for the legal irrigation of irrigation acres or surface water right acres on that farm, or

b. A specified irrigation district that delivered the tailwater for the legal irrigation of irrigation acres or surface water right acres within that district.

B. A person who delivers tailwater in accordance with subsection (A) of this Section, and a person who directly receives and uses the tailwater pursuant to subsection (A)(3)(a) of this Section, shall account for and report the tailwater as if it were comprised of a mixture of groundwater, decreed and appropriative surface water other than normal flow, central Arizona project water, spillwater, other surface water, and effluent, as applicable, in the same proportions as those types of water comprise the total amount of water other than normal flow received or withdrawn for irrigation use during the calendar year on the farm on which the tailwater originated.

C. A person who uses tailwater that has not been delivered and accounted for as provided in subsections (A) and (B) of this Section may credit against the person's use of groundwater in a calendar year the amount of the tailwater used during the calendar year if the use of such tailwater would cause a debit to be incurred. The credit shall be applied only against the person's operating flexibility account debits that otherwise would have been incurred that year and shall not be used to discharge debits from prior years or accumulate credits for future years. For purposes of calculating credits to the person's operating flexibility account, the Director shall treat tailwater as groundwater, unless reported otherwise according to its source.

D. An irrigation district that receives tailwater pursuant to subsection (A)(3)(b) shall account for the water in the same manner as other water in the district's distribution system.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1011 Statement of Operating Flexibility Account

A. The Director shall annually issue to each owner or user of an irrigation grandfathered right for which a current annual report has been filed a statement of the operating flexibility account setting forth the status of the operating flexibility account for the farm, based on the information submitted in the annual report filed for the right.

B. Upon a motion or on the initiative of the Director, the Director may amend a statement of operating flexibility account at any time to correct clerical mistakes or to adjust the balance of the account based on information submitted in an amended or late annual report. The Director shall give written notice of any amendments made pursuant to this subsection to the person to whom the statement of operating flexibility account was issued.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1012 Rule of Construction

Nothing in A.A.C. R12-15-1001 through R12-15-1011 shall be construed to determine the legality of any water use for which an accounting is required under these rules.

History

• Adopted effective December 12, 1990 (Supp. 90-4).

Ariz. Admin. Code § R12-15-1013 Retention of Records for Annual Accounts and Annual Reports

The responsible party shall keep and maintain, for at least three calendar years following the filing of an annual account or an annual report, all records which may be necessary to verify the information and data contained therein.

History

• Adopted effective December 12, 1990 (Supp. 90-4).

Ariz. Admin. Code § R12-15-1014 Late Filing or Payment of Fees; Extension Penalties

A. An annual account, an annual report, or a request for extension pursuant to subsection (E) of this rule shall be deemed to be filed at the time a complete annual account, a complete annual report or a request for extension is hand-delivered to any Department office, or at the time the envelope in which it is mailed is postmarked.

B. Except as provided in subsection (C) of this Section, groundwater withdrawal fees and long-term storage credit recovery fees are deemed paid at the time the fees are hand-delivered to any Department office, or at the time the envelope in which they are mailed is postmarked.

C. If any groundwater withdrawal fees or long-term storage credit recovery fees are paid with a negotiable instrument that is not honored and paid upon the Department's initial demand, the fees are deemed paid at the time the Department actually receives the fees in cash or when the negotiable instrument is honored and paid to the Department.

D. If an annual account or an annual report filed on or before the date required by the applicable statute is found by the Director to be incomplete, the Director shall notify the responsible party of the inadequacies and allow the responsible party 30 days from the date of the notice to provide the missing information in a form prescribed by the Director. If the responsible party does not provide the missing information within 30 days from the date of the notice, late penalties under A.R.S. §§ 45-437, 45-632, 45-875.01, 45-876.01, 45-877.01, 45-878.01 or 45-1004 shall begin to accrue on the 31st day following the date of the notice. The Director shall not recommend to a court, pursuant to A.R.S. §§ 45-634, 45-635, 45-881.01, 45-882.01, 45-1062 or 45-1063, that civil penalties be imposed through the first 30 days following the date of the notice. However, if the inadequacy included the failure to pay all groundwater withdrawal fees due or all long-term storage credit recovery fees due, late penalties under A.R.S. §§ 45-614 or 45-874.01 shall begin to accrue on April 1, except as provided in subsection (E) of this Section.

E. A responsible party required to file an annual account or annual report for a year may request a 30-day extension of the first day of accrual of the late penalties under A.R.S. §§ 45-437, 45-614, 45-632, 45-874.01, 45-875.01, 45-876.01, 45-877.01, 45-878.01 or 45-1004 and of the civil penalties that the Director may recommend that a court impose pursuant to A.R.S. §§ 45-634, 45-635, 45-881.01, 45-882.01, 45-1062 or 45-1063. The request shall be filed no later than the date the annual account or annual report is required to be filed under the applicable statute. The Director shall grant a request for a 30-day extension if good cause is shown. If the Director grants the request, the late penalties and civil penalties shall begin to accrue on the first day after the 30-day extension period, except that if the Director finds that the person making the request presented false or misleading information to the Director and the Director relied on that information in granting the request, the late penalties and civil penalties shall begin to accrue as if the request was not granted. The Director shall not grant an extension to a responsible party who was granted an extension in the preceding calendar year and who subsequently failed to file a complete annual account or annual report and pay all groundwater withdrawal fees and all long-term storage credit recovery fees due within the 30-day extension period.

History

• Adopted effective December 12, 1990 (Supp. 90-4). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1015 Reporting Requirements for Conveyances of Grandfathered Rights and Groundwater Withdrawal Permits

A. A person who is required by A.R.S. § 45-482 to notify the Director of a conveyance of a grandfathered right shall file a notice of conveyance, on a form prescribed by the Director, within 30 days of the conveyance. All parties to the conveyance may use a single form for the required notice. Except provided in subsection (B) of this rule, the notice of conveyance shall include an accounting of the amount of water withdrawn or received pursuant to that grandfathered right from January 1 to the date of conveyance for that calendar year.

B. If the person to whom a grandfathered right is conveyed is unable, because of extraordinary circumstances and good cause shown, to perform the accounting otherwise required by subsection (A) of this rule, the Director may waive the requirement for that person.

C. If a person, including a person who is granted a waiver pursuant to subsection (B) of this rule, fails to include the required accounting in a timely filed notice of conveyance pursuant to subsection (A) of this rule, the Director shall determine the amount of groundwater withdrawn or received pursuant to the grandfathered right from January 1 to the date of conveyance for that calendar year. Such a person shall bear the burden, in any subsequent administrative or judicial proceeding, of establishing by clear and convincing evidence that the Director's determination was incorrect.

D. A person requesting the Director's approval of a proposed conveyance of a groundwater withdrawal permit pursuant to A.R.S. § 45-520(B) shall include with such request the quantity of groundwater withdrawn pursuant to the groundwater withdrawal permit for that calendar year and all other information required to be submitted pursuant to A.R.S. § 45-632.

History

• Adopted effective December 12, 1990 (Supp. 90-4).

Ariz. Admin. Code § R12-15-1016 Spillwater Reporting by Water Deliverers

A water deliverer that delivers spillwater during a year shall include the following information in the annual account or annual report submitted by the water deliverer for that year:

1. The total quantity of spillwater delivered for non-irrigation uses during the year.

2. The total quantity of spillwater delivered for irrigation uses during the year.

3. Any other information the Director may reasonably require to determine whether the water qualifies as spillwater under R12-15-1001(10).

History

• New Section made by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1017 Maintenance and Filing of Annual Reports Required by A.R.S. Section 45-343

A community water system required to file an annual report under A.R.S. § 45-343 shall maintain the report on a calendar year basis and shall file the report with the Director no later than June 1 of each year for the preceding calendar year.

History

• New Section made by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Article 11 INSPECTIONS AND AUDITS

Ariz. Admin. Code § R12-15-1101 Inspections

A. For the purpose of this rule, "inspection" means an entry by the Director at reasonable times onto private or public property for any of the following purposes:

1. To obtain factual data or access to records required to be kept under A.R.S. §§ 45-632, 45-879.01, or 45-1004.

2. To inspect a well or another facility for the withdrawal, transportation, use, measurement, or recharge of groundwater under A.R.S. § 45-633.

3. To inspect a facility that is used for the purpose of water storage, stored water recovery, or stored water use under A.R.S. § 45-880.01(A).

4. To inspect a body of water under A.R.S. § 45-135 or to ascertain compliance with A.R.S. Title 45, Chapter 1, Article 3.

5. To inspect or to obtain factual data or access to records pursuant to any Section of A.R.S. Title 45 that requires the Director to adopt rules for conducting inspections, examining records, and obtaining warrants.

To inspect facilities used for the withdrawal, diversion, or use of water pursuant to a water exchange under A.R.S. § 45-1061.

B. Not less than seven days prior to an inspection, the Director shall mail notice of the inspection by first class letter to the owner, manager or occupant of the property. The notice shall include the statutory authorization and purpose for the inspection. The notice shall specify a date and time certain or a seven-day period within which the inspection may take place. If a request is made before the seven-day period, the Director shall schedule the inspection for a time certain within the seven-day period to allow an opportunity for a representative of the property to be present at the inspection. The notice shall include the name and telephone number of a Department employee who may be contacted to arrange such an appointment.

C. Whenever practical, Department employees shall minimize disruptions to on-going operations caused by an inspection.

D. If the property is controlled or secured against entry at the time specified in the notice of inspection but consent to the inspection was not denied, the Director shall give a second notice in the manner prescribed in subsection (B) before seeking a search warrant or its equivalent. The second notice shall request that a representative of the property be present at the inspection to accompany Department personnel.

E. If the Director gives notice of an inspection and is not permitted to conduct an inspection, the Director may apply for and obtain a search warrant or its equivalent.

F. Notice of inspection shall not be required under subsections (B) and (D) of this rule if the Director reasonably believes that notice would frustrate the enforcement of A.R.S. Title 45, or where entry is sought for the sole purpose of inspecting water measuring devices required pursuant to A.R.S. § 45-604.

G. The Director shall mail a copy of the report of the inspection either to the person to whom the notice of inspection was directed, or to the owner, manager or occupant of the property if no notice of inspection was given. The report shall include the date of the inspection and a short summary of the findings. If no notice was given, the report shall include an explanation of the reason for determining that notice would not be given, unless providing the explanation would frustrate enforcement of A.R.S. Title 45. An aggrieved person may file with the Director written comments on the report within 30 days after the report is mailed.

H. The owner, manager or occupant of the property may waive the provisions for notice contained in this rule.

I. The Director shall comply with the requirements of A.R.S. § 41-1009 when conducting inspections under this Section.

History

• Adopted effective August 31, 1992 (Supp. 92-3). Amended effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).

Ariz. Admin. Code § R12-15-1102 Audits

A. For the purpose of this rule, "representative" means

1. An officer or director of a corporation subject to the audit,

2. A general partner of a partnership subject to the audit, or

3. A person who appears at an audit and produces a signed authorization to act on behalf of the person subject to the audit.

B. This rule applies to audits conducted pursuant to A.R.S. §§ 45-633(C), 45-880.01, and any other Section of A.R.S. Title 45 that authorizes the Director to require a person to appear at the Director's office and produce records and information and that also requires the Director to adopt rules for conducting inspections, examining records, and obtaining warrants.

C. No less than 20 days prior to an audit, the Director shall mail notice of the audit by first class letter to the person that is the subject of the audit. The notice shall state the date, time and place of the audit. The notice shall specify the records or information which the person must produce. The notice shall also include the statutory authorization and purpose for the audit and the name and telephone number of a Department employee who may be contacted for further information. The audit shall be held at the Department's offices, unless the Director grants a request to have the audit conducted at a different location.

D. The person subject to the audit or a representative shall appear at the scheduled time and shall produce the records and information specified in the notice. The person subject to the audit or a representative may make one request to reschedule the audit, which the Department shall grant if practicable.

E. The Director shall mail a copy of the report of the audit to the person subject to the audit. An aggrieved person may file with the Director written comments on the report within 30 days after the report is mailed.

F. The person subject to the audit may waive the provisions for notice contained in this rule.

History

• Adopted effective August 31, 1992 (Supp. 92-3). Amended effective July 22, 1994 (Supp. 94-3).

Article 12 DAM SAFETY PROCEDURES

Ariz. Admin. Code § R12-15-1201 Applicability

A. This Article applies to any artificial barrier meeting the specifications of A.R.S. § 45-1201(1) as interpreted by R12-15-1204. This Article applies to an application for the construction of a dam and reservoir; an application to reconstruct, repair, alter, enlarge, breach, or remove an existing dam and reservoir, including a breached or damaged dam; operation and maintenance of an existing dam and reservoir; and enforcement. A structure identified in R12-15-1203 is exempt from this Article.

B. This Article is applicable to any dam regardless of hazard potential classification, with the following exceptions:

R12-15-1208, R12-15-1209, R12-15-1213, R12-15-1221, R12-15-1225, and R12-15-1226 apply only to a dam classified as a high or significant hazard potential dam.

R12-15-1210 applies only to a dam classified as a low hazard potential dam. A low hazard potential dam is exempt from R12-15-1208, R12-15-1209, R12-15-1211, R12-15-1213, R12-15-1221, R12-15-1225, and R12-15-1226.

R12-15-1211 applies only to a dam classified as a very low hazard potential dam. A very low hazard potential dam is exempt from R12-15-1208, R12-15-1209, R12-15-1210, R12-15-1212, R12-15-1213, R12-15-1215, R12-15-1216, R12-15-1221, R12-15-1225, and R12-15-1226.

R12-15-1216(B) applies only to an embankment dam.

History

• Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-01 renumbered without change as Section R12-15-1201 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1202 Definitions

In addition to the definitions provided in A.R.S. § 45-1201, the following definitions are applicable to this Article:

1. "Alteration or repair of an existing dam or appurtenant structure" means to make different from the originally approved construction drawings and specifications or current condition without changing the height or storage capacity of the dam or reservoir, except for ordinary repairs and general maintenance as prescribed in R12-15-1217.

2. "Appurtenant structure" means any structure that is contiguous and essential to the safe operation of the dam including embankments, saddle dikes, outlet works and controls, diversion ditches, spillway and controls, access structures, bridges, and related housing at a dam.

3. "Classification of dams" means the placement of dams into categories based upon an evaluation of the size and hazard potential, regardless of the condition of the dam.

4. "Concrete dam" means any dam constructed of concrete, including arch, gravity, arch-gravity, slab and buttress, and multiple arch dams. A dam that only has a concrete facing is not a concrete dam.

5. "Construction" means any activity performed by the owner or someone employed by the owner that is related to the construction, reconstruction, repair, enlargement, removal, or alteration of any dam, unless the context indicates otherwise. Construction is performed after approval of an application and before issuance of a license.

6. "Dam failure inundation map" means a map depicting the maximum area downstream from a dam that would be flooded in the event of the worst condition failure of the dam.

7. "Department" means the Arizona Department of Water Resources.

8. "Director" means the Director of the Arizona Department of Water Resources or the Director's designee.

9. "Embankment dam" means a dam that is constructed of earth or rock material.

10. "Emergency spillway" means a spillway designed to safely pass the inflow design flood routed through the reservoir. If the flow is controlled by gates, it is a controlled spillway. If the flow is not controlled by gates, it is an uncontrolled spillway.

11. "Engineer" means a Professional Engineer registered and licensed in accordance with A.R.S. Title 32, Chapter 1, with proficiency in engineering and knowledge of dam technology.

12. "Enlargement to an existing dam or appurtenant structure" means any alteration, modification, or repair that increases the vertical height of a dam or the storage capacity of the reservoir.

13. "Flashboards" mean timber, concrete, or steel sections placed on the crest of a spillway to raise the retention water level that may be quickly removed at time of flood either by a tripping device or by designed failure of the flashboards or their supports.

14. "Flood control dam" means a dam that uses all of its reservoir storage capacity for temporary impoundment of flood waters and collection of sediment or debris.

15. "Hazard potential" means the probable incremental adverse consequences that result from the release of water or stored contents due to failure or improper operation of a dam or appurtenances.

16. "Hazard potential classification" means a system that categorizes dams according to the degree of probable incremental adverse consequences of failure or improper operation of a dam or appurtenances. The hazard potential classification does not reflect the current condition of the dam with regard to safety, structural integrity, or flood routing capacity.

17. "Height" means the vertical distance from the lowest elevation of the outside limit of the barrier at its intersection with the natural ground surface to the spillway crest elevation. For the purpose of determining jurisdictional status, the lowest elevation of the outside limit of the barrier may be the outlet pipe invert elevation if the outlet is constructed below natural ground.

18. "Impound" means to cause water or a liquid to be confined within a reservoir and held with no discharge.

19. "Incremental adverse consequences" means under the same loading conditions, the additional adverse consequences such as economic, intangible, lifeline, or human losses, that would occur due to the failure or improper operation of the dam over those that would have occurred without failure or improper operation of the dam.

20. "Inflow design flood" or "IDF" means the reservoir flood inflow magnitude selected on the basis of size and hazard potential classification for emergency spillway design requirements of a dam.

21. "Intangible losses" means incremental adverse consequences to property that are not economic in nature, including property related to social, cultural, unique, or resource-based values, including the loss of irreplaceable and unique historic and cultural features; long-lasting pollution of land or water; or long-lasting or permanent changes to the ecology, including fish and endangered species habitat identified and evaluated by a public natural resource management or protection agency.

22. "Jurisdictional dam" means a barrier that meets the definition of a dam prescribed in A.R.S. § 45-1201 that is not exempted by R12-15-1203 over which the Department of Water Resources exercises jurisdiction.

23. "Levee" means an embankment of earth, concrete, or other material used to prevent a watercourse from spreading laterally or overflowing its banks. A levee is not used to impound water.

24. "License" means license of final approval issued by the Director upon completion or enlargement of a dam under A.R.S. § 45-1209.

25. "Lifeline losses" mean disruption of essential services such as water, power, gas, telephone, or emergency medical services.

26. "Liquid-borne material" means mine tailings or other milled ore products transported in a slurry to a storage impoundment.

27. "Maximum credible earthquake" means the most severe earthquake that is believed to be possible at a point on the basis of geologic and seismological evidence.

28. "Maximum water surface" means the maximum elevation of the reservoir water level attained during routing of the inflow design flood.

29. "Natural ground surface" means the undisturbed ground surface before excavation or filling, or the undisturbed bed of the stream or river.

30. "Outlet works" means a closed conduit under or through a dam or through an abutment for the controlled discharge of the contents normally impounded by a dam and reservoir. The outlet works include the inlet and outlet structures appurtenant to the conduit. Outlet works may be controlled or uncontrolled.

31. "Probable" means likely to occur, reasonably expected, and realistic.

32. "Probable maximum flood" or "PMF" means the flood runoff expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the region, including rain and snow where applicable. 1/2 PMF is that flood represented by the flood hydrograph with ordinates equal to 1/2 the corresponding ordinates of the PMF hydrograph.

33. "Probable maximum precipitation" means the greatest depth of precipitation for a given duration that is theoretically physically possible over a particular size storm area at a particular geographical location at a particular time of year.

34. "Reservoir" means any basin that contains or is capable of containing water or other liquids impounded by a dam.

35. "Residual freeboard" means the vertical distance between the highest water surface elevation during the inflow design flood and the lowest point at the top of the dam.

36. "Restricted storage" means a condition placed on a license by the Director to reduce the storage level of a reservoir because of a safety deficiency.

37. "Saddle dike or saddle dam" means any dam constructed in a topographically low area on the perimeter of a reservoir, required to contain the reservoir at the highest water surface elevation.

38. "Safe" means that a dam has sufficient structural integrity and flood routing capacity to make failure of the dam unlikely.

39. "Safe storage level" means the maximum reservoir water surface elevation at which the Director determines it is safe to impound water or other liquids in the reservoir.

40. "Safety deficiency" means a condition at a dam that impairs or adversely affects the safe operation of the dam.

41. "Safety inspection" means an investigation by an engineer or a person under the direction of an engineer to assess the safety of a dam and determine the safe storage level for a reservoir, which includes review of design reports, construction documents, and previous safety inspection reports of the dam, spillways, outlet facilities, seepage control and measurement systems, and permanent monument or monitoring installations.

42. "Spillway crest" means the highest elevation of the floor of the spillway along a centerline profile through the spillway.

43. "Storage capacity" means the maximum volume of water, sediment, or debris that can be impounded in the reservoir with no discharge of water, including the situation where an uncontrolled outlet becomes plugged. The storage capacity is reached when the water level is at the crest of the emergency spillway, or at the top of permanently mounted emergency spillway gates in the closed position. Storage capacity excludes dead storage below the natural ground surface.

44. "Surcharge storage" means the additional water storage volume between the emergency spillway crest or closed gates, and the top of the dam.

45. "Total freeboard" means the vertical distance between the emergency spillway crest and the top of the dam.

46. "Unsafe" means that safety deficiencies in a dam or spillway could result in failure of the dam with subsequent loss of human life or significant property damage.

History

• Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-02 renumbered without change as Section R12-15-1202 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended to correct typographical error under A.A.C. R1-1-109 (Supp. 01-2).

Ariz. Admin. Code § R12-15-1203 Exempt Structures

The following structures are exempt from regulation by the Department:

1. Any artificial barrier identified as exempt on Table 1 and defined as follows:

a. Less than 6 feet in height, regardless of storage capacity.

b. Between 6 and 25 feet in height with a storage capacity of less than 50 acre-feet.

c. Greater than 25 feet in height with 15 acre-feet or less of storage capacity.

2. A dam owned by the federal government. A dam designed by the federal government for any non-federal entity or person that will subsequently be owned or operated by a person or entity defined as an owner in A.R.S. § 45-1201 is subject to jurisdiction, beginning with design and construction of the dam.

3. A dam owned or operated by an agency or instrumentality of the federal government, if a dam safety program at least as stringent as this Article is applicable to and enforced against the agency or instrumentality.

4. A transportation structure such as a highway, road, or railroad fill that exists solely for transportation purposes. A transportation structure designed, constructed, or modified with the intention of impounding water on an intermittent or permanent basis and meeting the definition of dam in A.R.S. § 45-1201 is subject to jurisdiction.

5. A levee constructed adjacent to or along a watercourse, primarily to control floodwater.

6. A self-supporting concrete or steel water storage tank.

7. An impoundment for the purpose of storing liquid-borne material.

8. A release-contained barrier as defined by A.R.S. § 45-1201(5).

History

• Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-03 renumbered without change as Section R12-15-1203 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1204 Provision for Guidelines

The Department may develop and adopt substantive policy statements that serve as dam safety guidelines to aid a dam owner or engineer in complying with this Article. The Department recommends that dam owners and engineers consult design guidelines published by agencies of the federal government, including the U.S. Bureau of Reclamation, the U.S. Army Corps of Engineers, the Natural Resources Conservation Service, and the Federal Energy Regulatory Commission, for the design of concrete, roller compacted concrete, stone masonry, timber, inflatable rubber, and mechanically-stabilized earth dams. The Director may require that other criteria be used or revise any of the specific criteria for the purpose of dam safety. An owner shall obtain advance approval by the Director of design criteria.

History

• Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-04 renumbered without change as Section R12-15-1204 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2.

Ariz. Admin. Code § R12-15-1205 General Responsibilities

A. Each owner is responsible for the safe design, operation, and maintenance of a dam. The owner shall operate, maintain, and regularly inspect a dam so that it does not constitute a danger to human life or property. The owner of a high or significant hazard potential dam shall provide timely warning to the Department and all other persons listed in the emergency action plan of problems at the dam. The owner shall develop and maintain effective emergency action plans and coordinate those plans with local officials as prescribed in R12-15-1221.

B. The owner shall conduct frequent observation of the dam, as prescribed in the emergency action plan and as follows:

1. The owner shall increase the frequency of observation when the reservoir is full, during heavy rains or flooding, and following an earthquake.

2. The owner shall report to the Director any condition that threatens the safety of the dam as prescribed in R12-15-1224(A). The owner shall make the report as soon as possible, but not later than 12 hours after discovery of the conditions.

3. If dam failure appears imminent, the owner shall notify the county sheriff or other emergency official immediately.

4. The owner is responsible for the safety of the dam and shall take action to lower the reservoir if it appears that the dam has weakened or is in danger of failing.

C. The owner of a dam shall install, maintain, and monitor instrumentation to evaluate the performance of the dam. The Director shall require site-specific instrumentation that the Director deems necessary for monitoring the safety of the dam when failure may endanger human life and property. Conditions that may require monitoring include land subsidence, earth fissures, embankment cracking, phreatic surface, seepage, and embankment movements.

D. The owner shall perform timely maintenance and ordinary repair of a dam. The owner shall implement an annual plan to inspect the dam and accomplish the maintenance and ordinary repairs necessary to protect human life and property.

E. If a change of ownership of a dam occurs, the new owner shall notify the Department within 15 days after the date of the transaction and provide the mailing address and telephone number where the new owner can be contacted. Within 90 days after the date of the transaction, the new owner shall provide the name and telephone number of the individual or individuals who are responsible for operating and maintaining the dam.

History

• Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-05 renumbered without change as Section R12-15-1205 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1206 Classification of Dams

A. Size Classification. Dams are classified by size as small, intermediate, or large. Size is determined with reference to Table 2. An owner or engineer shall determine size by storage capacity or height, whichever results in the larger size.

B. Hazard Potential Classification

1. The Department shall base hazard potential classification on an evaluation of the probable present and future incremental adverse consequences that would result from the release of water or stored contents due to failure or improper operation of the dam or appurtenances, regardless of the condition of the dam. The evaluation shall include land use zoning and development projected for the affected area over the 10 year period following classification of the dam. The Department considers all of the following factors in hazard potential classification: probable loss of human life, economic and lifeline losses, and intangible losses identified and evaluated by a public resource management or protection agency.

a. The Department bases the probable incremental loss of human life determination primarily on the number of permanent structures for human habitation that would be impacted in the event of failure or improper operation of a dam. The Department considers loss of human life unlikely if:

i. Persons are only temporarily in the potential inundation area;

ii. There are no residences or overnight campsites; and

iii. The owner has control of access to the potential inundation area and provides an emergency action plan with a process for warning in the event of a dam failure or improper operation of a dam.

b. The Department bases the probable economic, lifeline, and intangible loss determinations on the property losses, interruptions of services, and intangible losses that would be likely to result from failure or improper operation of a dam.

2. The 4 hazard potential classification levels are very low, low, significant, and high, listed in order of increasing probable adverse incremental consequences, as prescribed in Table 3. The Director shall classify intangible losses by considering the common or unique nature of features or habitats and temporary or permanent nature of changes.

a. Very Low Hazard Potential. Failure or improper operation of a dam would be unlikely to result in loss of human life and would produce no lifeline losses and very low economic and intangible losses. Losses would be limited to the 100 year floodplain or property owned or controlled by the dam owner under long-term lease. The Department considers loss of life unlikely because there are no residences or overnight camp sites.

b. Low Hazard Potential. Failure or improper operation of a dam would be unlikely to result in loss of human life, but would produce low economic and intangible losses, and result in no disruption of lifeline services that require more than cosmetic repair. Property losses would be limited to rural or agricultural property, including equipment, and isolated buildings.

c. Significant Hazard Potential. Failure or improper operation of a dam would be unlikely to result in loss of human life but may cause significant or high economic loss, intangible damage requiring major mitigation, and disruption or impact on lifeline facilities. Property losses would occur in a predominantly rural or agricultural area with a transient population but significant infrastructure.

d. High Hazard Potential. Failure or improper operation of a dam would be likely to cause loss of human life because of residential, commercial, or industrial development. Intangible losses may be major and potentially impossible to mitigate, critical lifeline services may be significantly disrupted, and property losses may be extensive.

3. An applicant shall demonstrate the hazard potential classification of a dam before filing an application to construct. The Department shall review the applicant's demonstration early in the design process at pre-application meetings prescribed in R12-15-1207(D).

4. The Department shall review the hazard potential classification of each dam during each subsequent dam safety inspection and revise the classification in accordance with current conditions.

History

• Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-06 renumbered without change as Section R12-15-1206 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1207 Application Process

A. An applicant shall obtain written approval from the Director before constructing, reconstructing, repairing, enlarging, removing, altering, or breaching a dam. Application requirements differ according to the hazard potential of the dam.

1. To construct, reconstruct, repair, enlarge, or alter a high or significant hazard potential dam, the applicant shall comply with R12-15-1208.

2. To breach or remove a high or significant hazard potential dam, the applicant shall comply with R12-15-1209.

3. To construct, reconstruct, repair, enlarge, alter, breach, or remove a low hazard potential dam, the applicant shall comply with R12-15-1210.

4. To construct, reconstruct, repair, enlarge, alter, breach, or remove a very low hazard potential dam, the applicant shall comply with R12-15-1211.

B. An application shall not be filed with the Director under the following circumstances:

1. The dam is exempt under R12-15-1203;

2. A dam owner starts repairs to an existing dam that are necessary to safeguard human life or property and the Director is notified without delay;

3. The owner performs general maintenance or ordinary repairs as prescribed in R12-15-1217(A) or (B); or

Breach, removal, or reduction of a very low hazard dam as prescribed in R12-15-1211(C).

C. An applicant is not required to comply with a requirement in this Article if the Director finds that, considering the site characteristics and the proposed design, the requirement is unduly burdensome or expensive and is not necessary to protect human life or property. The Director shall consider the size, hazard potential classification, physical site conditions, and applicability of a requirement to a proposed dam. The Director shall state in writing the reason or reasons the applicant is not required to comply with a requirement.

D. An applicant shall schedule pre-application conferences with the Department to discuss the requirements of this Article and to resolve issues essential to the design of a dam while the design is in preliminary stages. The Director shall view the dam site during the pre-application process. The following are examples of issues for pre-application conferences: the hazard potential classification, the approximate inflow design flood, the basic design concepts, and any requirements that may be found by the Director to be unduly burdensome or expensive and not necessary to protect human life or safety. In addition, the applicant may submit preliminary design calculations to the Department for review and comment. The Department shall comment as soon as practicable, depending on the size of the submittal and the current workload.

E. The Department shall review applications as follows:

1. Applications will be received by appointment. During this meeting the Department shall make a brief review of the application to determine that the application contains each of the items required by R12-15-1208, R12-15-1209, R12-15-1210, or R12-15-1211.

2. Following receipt of an application submitted under R12-15-1208, R12-15-1209, R12-15-1210, or R12-15-1211, the Director shall complete an administrative review as prescribed in R12-15-401(1) and notify the applicant in writing whether the application is administratively complete. If the application is not administratively complete, the notification shall include a list of additional information that is required to complete the application.

3. After finding the application submitted under R12-15-1208, R12-15-1209, R12-15-1210, or R12-15-1211 administratively complete, the Director shall complete a substantive review as prescribed in R12-15-401(3) and notify the applicant in writing of the Director's approval or disapproval. If during this review period, the Director determines that there are defects in the application that would impact human life and property, a written notice of the defects shall be sent to the applicant.

4. An applicant may request in writing that the Director expedite the review of an application by employing an expert consultant on a contract basis under A.R.S. § 45-104(D). The Director shall establish on-call contracts with expert consultants to facilitate the process of expediting review. The Director may retain a consultant to review all or a portion of the application as necessary to expedite the process in response to an owner's request or to comply with time-frame rules. Before conducting the review, the consultant shall provide the Director and the applicant with a proposed time schedule and cost estimate. If the applicant agrees to the consultant's proposal for an expedited review of an application and the Director employs the consultant, the applicant shall pay to the Department the cost of the consultant's services in addition to the application fees. The Director retains the authority to review and approve, disapprove, or modify the findings and recommendations of the consultant.

5. The Director shall not approve an application in less than 10 days from the date of receipt.

6. If the Director disapproves the application, the Director shall provide the applicant with a statement of the Director's objections.

7. If the Director approves an application, the applicant shall submit in triplicate revised drawings and specifications that incorporate any required changes.

a. The Director shall return to the applicant 1 set of final construction drawings and specifications with the Department's approval stamp to be retained onsite during construction;

b. The Director shall retain for permanent state record 1 set of final construction drawings and specifications with the Department's approval stamp; and

c. The Director shall retain for use by the Department during construction the 3rd set of final construction drawings and specifications with the Department's approval stamp.

8. The Director shall impose conditions and limitations that the Director deems necessary to safeguard human life and property. Examples of the conditions of approval include but are not limited to:

a. The applicant shall not cover the foundation or abutment with the material of the dam until the Department has been given notice and a reasonable time to inspect and approve them.

b. The applicant shall start construction within 1 year from the date of approval.

c. The applicant shall maintain a safe storage level for an existing dam being reconstructed, repaired, enlarged, altered, or breached.

F. An approval to construct a new dam or repair, enlarge, alter, breach, or remove an existing dam is valid for 1 year.

1. If construction does not begin within 1 year, the approval is void.

2. Upon written request and good cause shown by the owner, the time for commencing construction may be extended. An applicant shall not start construction before the Director reviews the application for changes and grants approval.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1208 Application to Construct, Reconstruct, Repair, Enlarge, or Alter a High or Significant Hazard Potential Dam

A. An application package to construct, reconstruct, repair, enlarge, or alter a high or significant hazard potential dam shall include the following prepared by or under the supervision of an engineer as defined in R12-15-1202(11):

1. A completed application filed in duplicate on forms provided by the Director.

2. A design information summary or checklist of items prepared in duplicate on forms provided by the Director.

3. An initial application fee based on the total estimated project cost and computed in accordance with A.R.S. § 45-1204 and R12-15-104(A)(7).

4. A detailed estimate of project costs. Project costs are all costs associated with construction of the dam and appurtenant works including preliminary investigations and surveys, engineering design, supervision of construction, and any other engineering costs.

5. Two complete sets of construction drawings as prescribed in R12-15-1215(1).

6. Two complete sets of construction specifications as prescribed in R12-15-1215(2).

7. An engineering design report that includes information needed to evaluate all aspects of the design of the dam and appurtenances, including references with page numbers to support any assumptions used in the design, as prescribed in R12-15-1215(3). The engineering design report shall recommend a safe storage level for existing dams being reconstructed, repaired, enlarged, or altered.

8. A construction quality assurance plan describing all aspects of construction supervision.

9. A description of the use for the impounded or diverted water, proof of a right to appropriate, and a permit to store water as prescribed in A.R.S. §§ 45-152 and 45-161.

10. A long-term budget plan and evidence of financing, prepared using customary accounting principles, that demonstrate that the applicant has the financial capability to construct, operate, and maintain the dam in a safe manner. If the applicant does not have evidence that can be verified by an independent audit of the financial capability to construct, operate, and maintain the dam in a safe manner, the Director may require a performance bond for the entire cost of the proposed construction work.

B. The following may be submitted with the application or during construction.

1. An emergency action plan as prescribed in R12-15-1221.

2. An operation and maintenance plan to accomplish the annual maintenance.

3. An instrumentation plan regarding instruments that evaluate the performance of the dam.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-1209 Application to Breach or Remove a High or Significant Hazard Potential Dam

A. An applicant shall excavate the dam down to the level of the natural ground at the maximum section. Upon approval of the Director, additional breaches may be made. This provision shall not be construed to require more than total removal of the dam regardless of the flood magnitude. The breach or breaches shall be of sufficient width to pass the greater of:

The 100 year flood at a depth of less than 5 feet, or

2. The 100 year flood at a normal flood depth of not more than 2 feet at a distance of 2,000 feet downstream of the dam.

B. The sides of each breach shall be excavated to a slope ratio that is stable and not steeper than 1 horizontal to 1 vertical.

C. Each breach shall be designed to prevent silt that has previously been deposited on the reservoir bottom and the excavated material from the breach from washing downstream.

D. Before breaching the dam, the reservoir shall be emptied in a controlled manner that will not endanger lives or damage downstream property. The applicant shall obtain approval from the Director for the method of breaching or removal.

E. An application package to breach or remove a high or significant hazard potential dam shall include the following prepared by or under the supervision of an engineer as defined in R12-15-1202(11).

1. The construction drawing or drawings for the breach or removal of a dam, including the location, dimensions, and lowest elevation of each breach.

2. A long-term budget plan and evidence of financing, prepared using customary accounting principles, that demonstrate that the applicant has the financial capability to breach or remove the dam in a safe manner. If the applicant does not have evidence that can be verified by an independent audit of the financial capability to breach or remove the dam in a safe manner, the Director may require a performance bond for the entire cost of the proposed construction work.

3. A construction quality assurance plan describing all aspects of construction supervision.

F. Reduction of a high or significant downstream hazard potential dam to nonjurisdictional size may be approved by letter under the following circumstances:

1. The owner shall submit a completed application form and construction drawings for the reduction and the appropriate specifications, prepared by or under the supervision of an engineer as defined in R12-15-1202(11).

2. The construction drawings and specifications shall contain sufficient detail to enable a contractor to bid on and complete the project.

3. The plans shall comply with all requirements of this Section except that the breach is not required to be to natural ground.

4. Upon completion of an alteration to nonjurisdictional size, the engineer shall file as constructed drawings and specifications with the Department.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1210 Application to Construct, Reconstruct, Repair, Enlarge, Alter, Breach, or Remove a Low Hazard Potential Dam

A. An application package to construct, reconstruct, repair, enlarge, or alter a low hazard potential dam shall include the following prepared by or under the supervision of an engineer as defined in R12-15-1202(11):

1. A completed application filed in duplicate on forms provided by the Director.

2. An initial application fee based on the total estimated project cost, computed in accordance with A.R.S. § 45-1204 and R12-15-104(A)(7).

3. A detailed estimate of project costs. Project costs are all costs associated with construction of the dam and appurtenant works, including preliminary investigations and surveys, engineering design, supervision of construction, and any other engineering costs.

4. The seal and signature of the responsible engineer in accordance with A.A.C. R4-30-304.

5. A statement by the responsible engineer that classifies the dam as low hazard in accordance with R12-15-1206(B). The responsible engineer shall submit a map of the area that would be inundated by failure or improper operation of the dam. The responsible engineer shall demonstrate that failure or improper operation of the dam would be unlikely to result in:

a. Loss of human life. The demonstration may be based on an emergency action plan for persons who may be in the area of inundation;

b. Significant incremental adverse consequences; or

c. Significant intangible losses, as defined in R12-15-1202(21) and identified and evaluated by a public natural resource management or protection agency.

Two complete sets of construction drawings as prescribed by R12-15-1215(1).

7. Two complete sets of construction specifications as prescribed by R12-15-1215(2).

8. An engineering design report that includes information needed to evaluate all aspects of the design of the dam and appurtenances, including references with page numbers to support any assumptions used in the design, as prescribed in R12-15-1215(3).

9. A description of the use for the impounded or diverted water, proof of a right to appropriate, and a permit to store water as prescribed in A.R.S. §§ 45-152 and 45-161.

10. A construction quality assurance plan clearly describing all aspects of construction supervision.

11. A long-term budget plan and evidence of financing, prepared using customary accounting principles, that demonstrate that the applicant has the financial capability to construct, operate, and maintain the dam in a safe manner. If the applicant does not have evidence that can be verified by an independent audit of the financial capability to construct, operate, and maintain the dam in a safe manner, the Director may require a performance bond for the entire cost of the proposed construction work.

B. An application package for the breach or removal of a low hazard potential dam shall include the following:

1. A completed application filed in duplicate on forms provided by the Director that contains the following information:

a. The name and address of the owner of the dam or the agent of the owner.

b. A description of the proposed removal.

c. The proposed time for beginning and completing the removal.

2. An initial application fee based on the total estimated project cost and computed in accordance with A.R.S. § 45-1204 and R12-15-104(A)(7).

3. A statement by the responsible engineer demonstrating both of the following:

a. That the dam will be excavated to the level of natural ground at the maximum section; and

b. That the breach or breaches will be of sufficient width to pass the greater of:

i. The 100 year flood at a depth of less than 5 feet, or

ii. The 100 year flood at a normal flood depth of not more than 2 feet at a distance of 2,000 feet downstream of the dam,

iii. Subsection (B)(3)(b) shall not be construed to require more than a total removal of the dam regardless of flood magnitude.

c. That the sides of the breach will be excavated to a slope ratio that is stable and not steeper than 1 horizontal to 1 vertical.

4. A detailed estimate of project costs. Project costs are all costs associated with the removal of the dam and appurtenant works, including preliminary investigations and surveys, engineering design, supervision of removal, and any other engineering costs.

C. An applicant intending to reduce a low hazard potential dam to nonjurisdictional size shall submit a written notice to the Director at least no less than 60 days before the date that construction begins.

D. Within 45 days after receipt of a complete application package as prescribed by subsection (A) or (B), the Director shall either:

1. Determine that the dam falls within the low hazard potential classification, or

2. Issue a written notice that the dam does not fall within the low hazard potential classification.

E. The Director's determination that the proposed dam does not fall within the low hazard classification is an appealable agency action and subject to administrative and judicial review under A.R.S. Title 41, Chapter 6, Article 10.

F. Upon completion of construction, the owner shall notify the Department in writing. The owner shall not use the dam or reservoir before issuance of a license unless the Director issues written approval.

G. Within 90 days after completing construction, reconstruction, repair, enlargement, or alteration of a low hazard potential dam, the owner shall file the following:

1. An affidavit showing the actual cost of construction, reconstruction, repair, enlargement, or alteration of the dam. The owner shall submit a detailed accounting of the costs, including all engineering costs.

2. An additional fee or refund request computed in accordance with A.R.S. § 45-1209 and R12-15-104(A)(7), based on the actual cost of construction, reconstruction, repair, enlargement, or alteration.

3. A brief completion report summarizing the salient features of the project, including a description of the causes for any changes or deviations from the approved application package prepared by the engineer who supervised the construction, in accordance with A.R.S. Title 32, Chapter 1. The engineer shall indicate:

a. That the dam has been designed and constructed in compliance with basic principles of dam construction currently being practiced in the industry;

b. That the dam as constructed has structural integrity and flood routing capacity consistent with its hazard potential classification; and

c. That the as constructed drawings and the report accurately represent the construction of the dam.

4. As constructed drawings prepared and sealed by the engineer who supervised the construction. The owner and the engineer shall maintain a record of the drawings.

H. Upon receiving the Director's written approval, the owner may operate the dam and appurtenant works. Within 30 days after receipt of the information in subsection (G), the Director shall issue to the owner either a license or a notice that the dam and appurtenant works shall not be operated because the dam and appurtenant works do not qualify as low hazard or were not built according to the submitted design. The license shall include conditions of operation, including:

The safe storage level of the reservoir,

2. A requirement that the dam be operated and maintained so that it does not constitute a danger to human life and property,

3. A requirement that the conditions resulting in the low hazard classification be maintained throughout the life of the dam, and

4. A requirement that the owner demonstrate in writing the low hazard classification in the manner prescribed by subsection (A)(5) every five years.

I. Within 90 days after completing removal of a low hazard potential dam, the owner shall file the following. The Director shall remove the dam from jurisdiction upon approval of the submittal.

1. An affidavit showing the actual cost of removal of the dam. The owner shall submit a detailed accounting of the costs, including all engineering costs.

An additional fee or refund request computed in accordance with A.R.S. § 45-1204 and R12-15-104(A)(7), based on the actual cost of removal.

3. A brief completion report, including a description of the causes for any changes or deviations from the approved application package prepared by the engineer who supervised the construction, in accordance with A.R.S. Title 32, Chapter 1. The engineer shall certify that the as removed drawings and the report accurately represent the actual removal of the dam.

4. As-removed drawings prepared and sealed by the engineer who supervised the removal. The owner and the engineer shall maintain a record of the drawings.

J. An owner shall immediately commence repairs necessary to safeguard human life and property and prevent failure and improper operation of a low hazard potential dam. The owner shall notify the Department as soon as reasonably possible and in all cases within 10 days of commencing the required repairs.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-1211 Application to Construct, Reconstruct, Repair, Enlarge, Alter, Breach, or Remove a Very Low Hazard Potential Dam

A. An application package to construct, reconstruct, repair, enlarge, or alter a very low hazard potential dam shall include the following prepared by an engineer or a person under the supervision of an engineer as defined in R12-15-1202(11):

1. A completed application filed in duplicate on forms provided by the Director that contains the following information:

a. The name and address of the owner of the dam or the agent of the owner.

b. The location, type, size, and height of the proposed dam and appurtenant works.

c. The storage capacity of the reservoir associated with the proposed dam.

d. The proposed time for beginning and completing construction.

e. A description of the use for the impounded or diverted water and proof of a right to impound that water.

2. The means, plans, and specifications by which the stream or body of water is to be dammed, by-passed, or controlled during construction.

3. Maps, drawings, and specifications of the proposed dam.

4. An initial application fee based on the total estimated project cost and computed in accordance with A.R.S. § 45-1204 and R12-15-104(A)(7).

5. A detailed estimate of project costs. Project costs are all costs associated with construction of the dam and appurtenant works, including preliminary investigations and surveys, engineering design, supervision of construction, and any other engineering costs.

6. A statement by the responsible engineer that classifies the dam as very low hazard in accordance with R12-15-1206(B). The responsible engineer shall submit a map of the area that would be inundated by failure or improper operation of the dam. The responsible engineer shall demonstrate that failure or improper operation would be unlikely to result in:

a. Loss of human life. The demonstration may be based on an emergency action plan for persons who may be in the area of inundation;

b. Significant incremental adverse consequences; or

c. Significant intangible losses, as defined in R12-15-1202(21) and identified and evaluated by a public natural resource management protection agency, because the dam has a size classification of either small or intermediate under R12-15-1206(A) and any release would be limited to the 100 year floodplain or property owned or controlled by the dam owner under long-term lease.

7. The seal and signature of the responsible engineer in accordance with A.R.S. Title 32, Chapter 1.

8. The drawings required by subsection (A)(3) shall include a plan view and maximum section of the dam; the outlet works; and the spillway plan, profile, and cross section.

9. The specifications required by subsection (A)(3) shall include the construction materials, testing criteria, and installation techniques.

B. The Director may make other requirements for drawings and specifications for the proposed repair or alteration of a very low hazard potential dam. In determining other requirements, the Director shall consider the size and extent of the repair or alteration, the portions of the dam that will be repaired or altered, and whether the requirements elicit a description of the proposed construction work that is adequate to allow the Director to evaluate the repair or alteration.

C. An owner intending to breach, remove, or reduce a very low hazard potential dam to nonjurisdictional size shall submit written notice to the Director at least 60 days before the date that construction begins.

D. After receipt of a complete application package as prescribed by subsection (A), the Director shall either:

1. Determine that the dam falls within the very low hazard classification and approve the application in writing; or

2. Issue a written notice that the dam does not fall within the very low hazard classification.

E. The Director's determination that the proposed dam does not fall within the very low hazard classification is an appealable agency action and subject to administrative and judicial review under A.R.S. Title 41, Chapter 6, Article 10.

F. Upon completion of construction, the owner shall notify the Department in writing. The owner shall not use the dam and reservoir before receipt of a license unless the Director issues written approval.

G. Within 90 days after completion of the construction, reconstruction, repair, enlargement, or alteration of a very low hazard potential dam, the owner shall file the following:

1. An affidavit showing the actual cost of construction, reconstruction, repair, enlargement, or alteration of the dam. The owner shall submit a detailed accounting of the costs, including all engineering costs.

2. An additional fee or refund request computed in accordance with A.R.S. § 45-1209 and R12-15-104(A)(7), based on the actual cost of construction, reconstruction, repair, enlargement, or alteration.

3. A brief completion report summarizing the salient features of the project, including a description of the causes for any changes or deviations from the approved application package prepared by the engineer who supervised the construction in accordance with A.R.S. Title 32, Chapter 1. The report shall include:

a. That the dam has been designed and constructed in compliance with basic principles of dam construction currently being practiced in the industry;

b. That the dam as constructed has structural integrity and flood routing capacity consistent with its hazard potential classification; and

c. That the as constructed drawings and the report accurately represent the construction of the dam.

4. As constructed drawings prepared by the engineer who supervised the construction. The owner and the engineer shall maintain a record of the drawings.

H. Within 30 days after receipt of the information in subsection (G), the Director shall issue to the owner either a license or a notice that the dam and appurtenant works shall not be operated because the dam and appurtenant works do not qualify as very low hazard or were not built according to the submitted design. Upon receiving the Director's written approval, the owner may operate the dam and appurtenant works. The license shall include conditions of operation, including:

1. The safe storage level of the reservoir,

2. A requirement that the conditions resulting in the very low hazard classification be maintained throughout the life of the dam, and

3. A requirement that the owner demonstrate in writing the very low hazard classification in the manner prescribed by subsection (A)(6) every five years.

I. An owner shall immediately commence repairs necessary to safeguard human life and property and prevent failure or improper operation of a very low hazard potential dam. The owner shall notify the Department as soon as reasonably possible and in all cases within 10 days of commencing the required repairs.

J. The Department may periodically inspect construction to confirm that it is proceeding according to the approved design and that proper construction quality assurance is being exercised by the owner's engineer. The owner, or the owner's engineer under the direction of the owner, shall remedy any unsatisfactory condition using the contractor.

K. The owner shall provide the Department access to the dam site for purposes of inspecting all phases of construction, including the foundation, embankment and concrete placement, inspection and test records, and mechanical installations.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-1212 Construction of a High, Significant, or Low Hazard Potential Dam

A. Before commencement of construction activities, the owner shall invite to a pre-construction conference all involved regulatory agencies, the prime contractor, and all subcontractors. At this meeting the Department shall identify, to the extent possible, the key construction stages at which an inspection will be made. At least 48 hours before each key construction stage identified for inspection, the owner or the owner's engineer shall provide notice to the Department.

B. The owner and the owner's engineer shall oversee construction of a new dam or reconstruction, repair, enlargement, alteration, breach, or removal of an existing dam. Failure to perform the work in accordance with the construction drawings and specifications approved by the Director renders the approval revocable. The owner's engineer shall exercise professional judgment independent of the contractor.

C. A professional engineer with proficiency in engineering and knowledge of dam technology shall supervise or direct the supervision of construction in accordance with the construction quality assurance plan.

D. The owner's engineer shall submit summary reports of construction activities and test results according to a schedule approved by the Department.

E. The owner shall immediately report to the Department any condition encountered during construction that requires a deviation from the approved plans and specifications.

F. The owner shall promptly submit a written request for approval of any necessary change and sufficient information to justify the proposed change. The owner shall not commence construction without the written approval of the Director unless the change is a minor change. A minor change is a change that complies with the requirements of this Article and provides equal or better safety performance.

G. Upon completion of construction, the owner shall notify the Department in writing. The Department shall make a final inspection. The owner shall correct any deficiencies noted during the inspection.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1213 Completion Documents for a Significant or High Hazard Potential Dam

Within 90 days after completion of the construction or removal work for a significant or high hazard potential dam and final inspection by the Department, the owner shall file the following:

1. An affidavit showing the actual cost of the construction. The owner shall submit a detailed accounting of the costs, including all engineering costs.

An additional fee or refund request based on the actual cost of the construction, computed in accordance with A.R.S. § 45-1209 and R12-15-104(A)(7).

3. One set of full sized as constructed drawings prepared and sealed by the engineer who supervised the construction. If changes were made during construction, the owner shall file supplemental drawings showing the dam and appurtenances as actually constructed.

Construction records, including grouting, materials testing, and locations and baseline readings for permanent bench marks and instrumentation, initial surveys, and readings.

Photographs of construction from exposure of the foundation to completion of construction.

6. A brief completion report summarizing the salient features of the project, including a description of the causes for any changes or deviations from the approved drawings and specifications that were made during the construction phase.

7. A schedule for filling the reservoir, specifying fill rates, water level elevations to be held for observation, and a schedule for inspecting and monitoring the dam. The owner shall monitor the dam monthly during the first filling.

8. An operating manual for the dam and its appurtenant structures. The operating manual shall include a process for safety inspections prescribed in R12-15-1219. The operating manual shall include schedules for surveillance activities and baseline information for any installed instrumentation as follows:

a. The frequency of monitoring,

b. The data recording format,

c. A graphical presentation of data, and

d. The person who will perform the work.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-1214 Licensing

A. Upon review and approval of the documents filed under R12-15-1213 and finding that the construction at the dam has been completed in accordance with the approved plans and specifications and finding that the dam is safe, the Director shall issue a license. The license shall specify the safe storage level for the reservoir and shall specify conditions for the safe operation of the dam. The dam and reservoir shall not be used before issuance of a license unless the Director issues written approval. Procedures for issuance of a license for low and very low hazard potential dams are prescribed in R12-15-1210(H) and R12-15-1211(H), respectively.

B. A new license shall be issued in the following instances:

1. Upon change of ownership of a dam.

2. Upon change of the safe storage level.

3. Upon expiration of time to appeal a notice issued under R12-15-1223(B).

4. Upon expiration of time to appeal an order issued by the Director under R12-15-1223(D).

5. Upon expiration of time to appeal an order of a court.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1215 Construction Drawings, Construction Specifications, and Engineering Design Report for a High, Significant, or Low Hazard Potential Dam

The owner and engineer are responsible for complete and adequate design of a dam and for including in the application all aspects of the design pertaining to the safety of the dam.

1. Construction Drawing Requirements. The construction drawings required by R12-15-1208(5), R12-15-1209(E)(1), and R12-15-1210(A)(6) shall include the following:

a. The seal and signature of the responsible engineer in accordance with A.A.C. R4-30-304.

b. One or more topographic maps of the dam, spillway, outlet works, and reservoir on a scale large enough to accurately locate the dam and appurtenances, indicate cut and fill lines, and show the property lines and ownership status of the land. Contour intervals shall be compatible with the height and size of the dam and its appurtenances and shall show design and construction details.

c. A reservoir area and capacity curve that reflect area in acres and capacity in acre-feet in relation to depth of water and elevation in the reservoir. The construction drawings shall show the spillway invert and top of dam elevations. The construction drawings shall also show the reservoir volume and space functional allocations. The construction drawings may include alternate scales as required for the owner's use.

d. Spillway and outlet works rating curves and tables at a scale or scales that allow determination of discharge rate in cubic feet per second at both low and high flows as measured by depth of water passing over the spillway control section.

e. A location map showing the dam footprint and all exploration drill holes, test pits, trenches, adits, borrow areas, and bench marks with elevations, reference points, and permanent ties. This map shall use the same vertical and horizontal control as the topographic map.

f. Geologic information including 1 or more geologic maps, profile along the centerline, and other pertinent cross sections of the dam site, spillway or spillways, and appurtenant structures, aggregate and material sources, and reservoir area at 1 or more scales compatible with the site and geologic complexity, showing logs of exploration drill holes, test pits, trenches, and adits.

g. One or more plans of the dam to delineate design and construction details.

h. Foundation profile along the dam centerline at a true scale where the vertical scale is equal to the horizontal scale, showing the existing ground and proposed finished grade at cut and fill elevations, including anticipated geologic formations. The foundation profile shall include any proposed grout and drain holes.

i. Profile and a sufficient number of cross sections of the dam to delineate design and construction details. The drawings shall illustrate and show dimensions of camber, details of the top, core zone, interior filters and drains, and other zone details. The profile of the dam may be drawn to different horizontal and vertical scales if required for detail. A maximum section of the dam shall be drawn to a true scale, where the vertical scale is equal to the horizontal scale. The outlet conduit may be shown on the maximum section if this is typical of the proposed construction.

j. One or more dam foundation plans showing excavation grades and cut slopes with any proposed foundation preparation, grout and drain holes, and foundation dewatering requirements.

k. Plan, profile, and details of the outlet works, including the intake structure, the gate system, conduit, trashrack, conduit filter diaphragm, conduit concrete encasement, and the downstream outlet structure. The drawings shall include all connection and structural design details.

l. Plan, profile, control section, and cross sections of the spillway, including details of any foundation preparation, grouting, or concrete work that is planned. A complex control structure, a concrete chute, or an energy dissipating device for a terminal structure shall include both hydraulic and structural design details.

m. Hydrologic data, drainage area and flood routing, and diversion criteria.

2. Construction Specification Requirements. The construction specifications required by R12-15-1208(6) and R12-15-1210(A)(7) shall include the following:

a. The seal and signature of the responsible engineer in accordance with A.A.C. R4-30-304.

b. The statement that the construction drawings and specifications shall not be materially changed without the prior written approval of the Director.

c. A detailed description of the work to be performed and a statement of the requirements for the various types of materials and installation techniques that will enter into the permanent construction.

d. The statement that construction shall not be considered complete until the Director has approved the construction in writing.

e. The statement that the owner's engineer shall control the quality of construction.

f. The following construction information:

i. All earth and rock material descriptions, placement criteria, and construction requirements for all elements of the dam and related structures.

ii. All concrete, grout, and shotcrete material and mix descriptions, placement and consolidation criteria, temperature controls, and construction requirements for all elements of the dam and related structures.

iii. Material criteria and material testing, cleaning, and treatment. If foundation or curtain grouting is required, the specifications shall describe the type of grout, grouting method, special equipment necessary, recording during grouting, and foundation monitoring to avoid disturbance from grouting.

iv. All materials testing that will be performed by the contractor for pre-qualification of materials, including special performance testing, such as water pressure tests in conduits. The Director shall accept materials that are pre-tested successfully and constructed in-place in accordance with specifications.

v. A plan for control or diversion of surface water during construction. The design engineer may determine frequency of storm runoff to be controlled during construction, commensurate with the risk of economic loss during construction.

vi. Criteria for blast monitoring and acceptable blast vibration levels, including particle velocities for the dam and other critical appurtenances. Monitoring equipment and monitoring locations shall be specified.

vii. Instrumentation material descriptions, placement criteria, and construction requirements and a statement that instrumentation shall be installed by experienced speciality subcontractors.

3. Engineering Design Report Requirements. The engineering design report required by R12-15-1208(7) and R12-15-1210(A)(8) shall include the following:

a. The seal and signature of the responsible engineer in accordance with A.A.C. R4-30-304.

b. The classification under R12-15-1206 of the proposed dam, or for the proposed enlargement of an existing dam or reservoir.

c. Hydrologic considerations, including calculations and a summary table of data used in determining the required emergency spillway capacity and freeboard, and design of any diversion or detention structures. The design report shall include input and output listings on both hard copy and computer diskette.

d. Hydraulic characteristics, engineering data, and calculations used in determining the capacities of the outlet works and emergency spillway. The design report shall include input and output listings on both hard copy and computer diskette.

e. Geotechnical investigation and testing of the dam site and reservoir basin. Results and analysis of subsurface investigations, including logs of test borings and geologic cross sections.

f. Guidelines and criteria for blasting to be used by the contractor in preparing the blasting plan.

g. Details of the plan for control or diversion of surface water during construction.

h. Details of the dewatering plan for subsurface water during construction.

i. Testing results of earth and rock materials, including the location of test pits and the logs of these pits.

j. Discussion and design of the foundation blanket grouting, grout curtain, and grout cap based on foundation stability and seepage considerations.

k. Calculations and basic assumptions on loads and limiting stresses for reinforced concrete design. The design report shall include input and output listings on both hard copy and computer diskette.

l. A discussion and stability analysis of the dam including appropriate seismic loading, safety factors, and embankment zone strength characteristics. Analyses shall include both short-term and long-term loading on upstream and downstream slopes. The design report shall include input and output listings on both hard copy and computer diskette.

m. A discussion of seismicity of the project area and activity of faults in the vicinity. The design report shall use both deterministic and statistical methods and identify the appropriate seismic coefficient for use in analyses.

n. Discussion and design of the cutoff trench based on seepage and other considerations.

o. Permeability characteristics of foundation and dam embankment materials, including calculations for seepage quantities through the dam, the foundation, and anticipated in the internal drain system. The design report shall include input and output listings on both hard copy and computer diskette. The design report shall include copies of any flow nets used.

p. Discussion and design of internal drainage based on seepage quantity calculations. The design report shall include instrumentation necessary to monitor the drainage system and filter design calculations for protection against piping of foundation and embankment.

q. Erosion protection against waves and rainfall runoff for both the upstream and downstream slopes, as appropriate.

r. Discussion and design of foundation treatment to compensate for geological weakness in the dam foundation and abutment areas and in the spillway foundation area.

s. Post-construction vertical and horizontal movement systems.

t. Discussion of foundation conditions including the potential for subsidence, fissures, dispersive soils, collapsible soils, and sink holes.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1216 Design of a High, Significant, or Low Hazard Potential Dam

A. General Requirements.

1. Emergency Spillway Requirements. An applicant shall:

a. Construct each spillway in a manner that avoids flooding in excess of the flooding that would have occurred in the same location under the same conditions before construction. The owner of a dam shall demonstrate that a spillway discharge would not result in incremental adverse consequences. In determining whether a spillway discharge of a dam would result in incremental adverse consequences, the Director shall evaluate whether the owner has taken any or all of the following actions: issuing public notice to downstream property owners, complying with flood insurance requirements, adopting emergency action plans, conducting mock flood drills, acquiring flow easements or other acquisitions of real property, or other actions appropriate to safeguard the dam site and flood channel.

b. Include a control structure to avoid head cutting and lowering of the spillway crest for spillways excavated in soils or soft rock. In the alternative, the design may provide evidence acceptable to the Director that erosion during the inflow design flood will not result in a sudden release of the reservoir.

c. Provide each spillway and channel with a minimum width of 10 feet and suitable armor to prevent erosion during the discharge resulting from the inflow design flood.

d. Ensure that downstream spillway channel flows do not encroach on the dam unless suitable erosion protection is constructed.

e. Ensure that each spillway, in combination with outlets, is able to safely pass the peak discharge flow rate, as calculated on the basis of the inflow design flood.

f. Not construct bridges or fences across a spillway unless the construction is approved in writing by the Director. The Director's approval may include conditions regarding the design and operation of the spillway and fencing, based on safety concerns.

g. Not use a pipe or culvert as an emergency spillway unless the Director approves the use following review of the dam design and site characteristics.

2. Inflow Design Flood Requirements

a. Unless directed otherwise in writing by the Director, the inflow design flood requirements for determining the spillway minimum capacity are stated in Table 4.

b. As an alternative to the requirements prescribed in Table 4, the Director may accept an inflow design flood determined by an incremental damage assessment study, based on the relative safety of the alternatives.

c. The Director may accept site-specific probable maximum precipitation studies in determination of the inflow design flood.

d. An applicant shall ensure that the total freeboard is the largest of the following:

i. The sum of the inflow design flood maximum water depth above the spillway crest plus wave run up.

ii. The sum of the inflow design flood maximum water depth above the spillway crest plus 3 feet.

iii. A minimum of 5 feet.

Outlet Works Requirements. An applicant shall ensure that a dam has a low level outlet works that:

a. Is capable of draining the reservoir to the sediment pool level. A low level outlet works for a high or significant hazard potential dam shall be a minimum of 36 inches in diameter. A low level outlet works for a low hazard potential dam shall be a minimum of 18 inches in diameter.

b. For a high or significant hazard potential dam, has the capacity to evacuate 90% of the storage capacity of the reservoir within 30 days, excluding reservoir inflows.

c. Has a filter diaphragm or other current practice measures to reduce the potential for piping along the conduit.

d. Has accessible outlet controls when the spillway is in use.

e. Has an emergency manual override system or can be operated manually.

f. Is constructed of materials appropriate for loading condition, seismic forces, thermal expansion, cavitation, corrosion, and potential abrasion. The applicant shall not use corrugated metal pipes or other thin-walled pipes except as a form for a cast-in-place concrete conduit. The applicant shall construct outlet conduits of cast-in-place reinforced concrete. The applicant shall design each outlet to maintain water tightness. The applicant shall construct each outlet to prevent the occurrence of piping adjacent to the outlet.

g. Has an operating or guard gate on the upstream end of any gated outlet.

h. Has an outlet conduit near the base of 1 of the abutments on native bedrock or other competent material. The applicant shall support the entire length of the conduit on foundation materials of uniform density and consistency to prevent adverse differential settlement.

i. Has an upstream valve or gate capable of controlling the discharge through all ranges of flow on any gated outlet conduit.

j. Has a trashrack designed for a minimum of 25% of the reservoir head to which it would be subjected if completely clogged at the upstream end of the outlet.

k. Has an air vent pipe just downstream of the control gate. The applicant shall include a blow-off valve at or near the downstream toe of the dam for an outlet conduit that is connected directly to a distribution system.

l. Has an outlet conduit designed for internal pressure equal to the full reservoir head and for superimposed embankment loads, acting separately.

4. Dam Site And Reservoir Area Requirements

a. An applicant shall demonstrate that reservoir storage during the inflow design flood will not result in incremental adverse consequences and that the design will not result in the inundation or wave damage of properties within the reservoir, except marina-type structures, during the inflow design flood. In determining whether a discharge will result in incremental adverse consequences, the Director shall evaluate whether the owner has taken any or all of the following actions: issuing public notice to upstream affected property owners, complying with flood insurance requirements, adopting emergency action plans, conducting mock flood drills, acquiring flood easements or other acquisitions of real property, or other actions appropriate to safeguard the dam site and reservoir. Permanent habitations are not allowed within the reservoir below the spillway elevation.

b. The applicant shall clear the reservoir storage area of logs and debris.

c. The applicant shall place borrow areas a safe distance from the upstream toe and the downstream toe of the dam to prevent a piping failure of the dam.

d. The applicant shall keep the top of the dam and appurtenant structures accessible by equipment and vehicles for emergency operations and maintenance.

5. Geotechnical Requirements

a. The applicant shall provide an evaluation of the static stability of the foundation, dam, and slopes of the reservoir rim and demonstrate that sufficient material is available to construct the dam as designed.

b. The applicant shall not construct a dam on active faults, collapsible soils, dispersive soils, sink holes, or fissures, unless the applicant demonstrates that the dam can safely withstand the anticipated offset or other unsafe effects on the dam.

6. Seismic Requirements

a. The applicant shall submit a review of the seismic or earthquake history of the area around the dam within a radius of 100 miles to establish the relationship of the site to known faults and epicenters. The review shall include any known earthquakes and the epicenter locations and magnitudes of the earthquakes.

b. The applicant shall identify the location of active or potentially active faults that have experienced Holocene or Late Pleistocene displacement within a radius of 100 miles of the site.

c. For a high or significant hazard potential dam, the applicant shall design the dam to withstand the maximum credible earthquake.

d. For a low hazard potential dam, the applicant shall use probabilistic or deterministic methods to determine the design earthquake. The magnitude of the design earthquake shall vary with the size of the dam, site condition, and specific location.

B. Embankment Dam Requirements.

1. Geotechnical Requirements. Table 5 states minimum factors of safety for embankment stability under various loading conditions. For an embankment dam an applicant shall provide a written analysis of minimum factors of safety for stability.

a. The analysis of minimum factors of safety shall include the effects of anisotropy on the phreatic surface position by using a ratio of horizontal permeability to vertical permeability of at least 10. The Director may require ratios of up to 100 if the material types and construction techniques will cause excessive stratification.

b. The applicant shall use tests modeling the conditions being analyzed to determine the strengths used in the stability analysis. The stability analysis shall include total and effective stress strengths appropriate for the different material zones and conditions analyzed. The stability analysis shall use undrained strengths or strength parameters for all saturated materials.

c. The applicant shall perform an analysis of the upstream slope stability for a partial pool with steady seepage considering the reservoir level that provides the lowest factor of safety.

d. A stability analysis is not required for low hazard potential dams if the owner or the owner's engineer demonstrates that conservative slopes and competent materials are included in the design.

2. Seismic Requirements

a. The applicant shall determine the seismic characteristics of the site as prescribed in subsection (A)(6).

b. The applicant shall determine the liquefaction susceptibility of the embankment, foundation, and abutments. The applicant shall use standard penetration testing, cone penetration testing, shear wave velocity measurements, or a combination of these methods to make this determination. The applicant shall compute the minimum factor of safety against liquefaction at specific points and make a determination of whether the overall site is subject to liquefaction.

c. The applicant shall determine the safety of the dam under seismic loading using a pseudo static stability analysis, computing the minimum factor of safety if the embankment, foundation or abutment is not subject to liquefaction and has a maximum peak acceleration of 0.2g or less, or a maximum peak acceleration of 0.35g or less, and consists of clay on a clay or bedrock foundation. The applicant shall use in the pseudo static stability analysis a pseudo static coefficient that is at least 60% of the maximum peak bedrock acceleration at the site.

d. The applicant shall compute a minimum factor of safety against overtopping due to deformation and settlement in each of the following cases. The minimum factor of safety against overtopping can be no less than 2.5, determined by dividing the total pre-earthquake freeboard by the estimated vertical settlement in feet. The applicant shall determine the total vertical settlement by adding the settlement values of the upstream and downstream slopes.

i. The minimum factor of safety in a pseudo static analysis is less than 1.0;

ii. An embankment, foundation, or abutment is not subject to liquefaction, has a maximum peak acceleration of more than 0.2g or a maximum peak acceleration of more than 0.35g and consists of clay on a clay or bedrock foundation; or

iii. The embankment, foundation or abutment is subject to liquefaction.

e. The applicant shall perform a liquefaction analysis to establish approximate boundaries of liquefiable zones and physical characteristics of the soil following liquefaction for an embankment, foundation, or abutment subject to liquefaction. The applicant shall perform an analysis of the potential for flow liquefaction.

f. Other, more sophisticated analytical procedures may be required by the Director for sites with high seismicity or low strength embankment or foundation soils.

3. Miscellaneous Design Requirements

a. The design of any significant or high hazard potential dam shall provide seepage collection and prevent internal erosion or piping due to embankment cracking or other causes.

b. The Director shall review the filter and permeability design for a chimney drain, drain blanket, toe drain, or outlet conduit filter diaphragms on the basis of unique site characteristics.

i. The minimum thickness of an internal drain is 3 feet.

ii. The minimum width of a chimney drain is 6 feet.

iii. The applicant shall filter match an internal drain to its adjacent material.

iv. The applicant shall design internal drains with sufficient capacity for the expected drainage without the use of drainpipes using only natural granular materials.

c. The use of a geosynthetic is not permitted in a design if it serves as the sole defense against dam failure. The use of geotextiles and geonets as a filter or drain material or a geomembrane liner is permitted only in a location that is easily accessible for repair or if its excavation cannot create an unsafe condition at the dam. A geosynthetic liner is allowed under special conditions and in specific situations if it is subject to monitoring and redundant safety controls. The Director may impose conditions, including monitoring appropriate to the hazard classification, inspection, and necessary repairs, each performed every 5 years.

d. The applicant shall use armoring on any upstream slope of an embankment dam that impounds water for more than 30 days at a time. If the applicant uses rock riprap, it shall be well-graded, durable, sized to withstand wave action, and placed on a well-graded pervious sand and gravel bedding or geotextile with filtering capacity appropriate for the site.

e. The applicant shall protect the downstream slopes and groins of an embankment dam from erosion.

f. The minimum width of the top of an embankment dam is equal to the structural height of the dam divided by 5 plus an additional 5 feet. The required minimum width for any embankment dam is 12 feet. The maximum width for any embankment dam is 25 feet.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1217 Maintenance and Repair; Emergency Actions

A. An owner shall perform general maintenance and ordinary repairs that do not impair the safety of the dam. General maintenance and ordinary repair activities listed under this subsection do not require prior approval of the Director. These repair activities include:

1. Removing brush or tall weeds.

2. Cutting trees and removing slash from the embankment or spillway. Small stumps may be removed provided no excavation into the embankment occurs.

Exterminating rodents by trapping or other methods. Rodent damage may be repaired provided it does not involve excavation that extends more than 2 feet into the embankment and replacement materials are compacted as they are placed.

4. Repairing erosion gullies less than 2 feet deep on the embankment or in the spillway.

5. Grading the surface on the top of the dam embankment or spillway to eliminate potholes and provide proper drainage, provided the freeboard is not reduced.

6. Placing additional riprap and bedding on the upstream slope, or in the spillway in areas that have sustained minor damage and restoring the original riprap protection where the damage has not yet resulted in erosion and weakening of the dam.

7. Painting, caulking, or lubricating metal structures.

8. Patching or caulking spalled or cracked concrete to prevent deterioration.

9. Removing debris, rock, or earth from outlet conduits or spillway channels and basins.

10. Patching to prevent deterioration within outlet works.

11. Replacing worn or damaged parts on outlet valves or controls to restore them to original condition or its equivalent.

Repairing or replacing fences intended to keep traffic or livestock off the dam or spillway.

B. General maintenance and ordinary repair that may impair or adversely effect safety, such as excavation into or near the toe of the dam, construction of new appurtenant structures for the dam, and repair of damage that has already significantly weakened the dam shall be performed in accordance with this Article. The Director may approve maintenance performed according to a standard detail or method of repair on file with the Department upon submittal of a letter. The Director shall determine whether general maintenance and ordinary repair activities not listed in subsection (A) will impair safety.

C. Emergency actions not impairing the safety of the dam may be taken before guidance can be provided by an engineer and do not require prior approval of the Director. Emergency actions do not excuse an owner's responsibility to promptly undertake a permanent solution. Emergency actions include:

1. Stockpiling materials such as riprap, earth fill, sand, sandbags, and plastic sheeting.

2. Lowering the reservoir level by making releases through the outlet or a gated spillway, by pumping, or by siphoning.

3. Armoring eroded areas by placing sandbags, riprap, plastic sheeting, or other available material.

4. Plugging leakage entrances on the upstream slope.

Increasing freeboard by placing sandbags or temporary earth fill on the dam.

6. Diverting flood waters to prevent them from entering the reservoir basin.

7. Constructing training berms to control flood waters.

8. Placing sandbag ring dikes or reverse filter materials around boils at the downstream toe to provide back pressure.

9. Removing obstructions from outlet or spillway flow areas.

D. Emergency actions impairing the safety of the dam require prior approval of the Director. An owner shall not lower the water level by excavating the spillway or embankment unless failure is imminent.

E. For all high and significant hazard potential dams, the emergency action plan shall be implemented with any emergency actions taken at the dam.

F. The owner shall notify the Director immediately of any emergency condition that exists and any emergency action taken.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1218 Safe Storage Level

The Director has the authority to determine the safe storage level for the reservoir behind each dam, including the storage level of an existing dam while it is being repaired, enlarged, altered, breached, or removed. The elevation of the safe storage level is stated on the license. The owner shall not store water in excess of the level determined by the Director to be safe. The owner shall not place flashboards or other devices in the emergency spillway without approval of an alteration of the dam in accordance with this Article.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1219 Safety Inspections; Fees

A. Except as provided in subsection (E), the Director shall conduct a dam safety inspection annually or more frequently for each high hazard potential dam, triennially for each significant hazard potential dam, and once every five years for each low and very low hazard potential dam. An owner of a dam shall pay the inspection fee required by R12-15-105 for each inspection of the dam pursuant to this subsection.

B. An engineer is considered qualified to provide information to the Director regarding the safe storage level of a reservoir if the engineer:

1. Meets the criteria in R12-15-1202(11),

2. Has three years of experience in the field of dam safety, and

3. Has actual experience in conducting dam safety inspections.

C. A dam safety inspection includes:

1. Review of previous inspections, reports, and drawings;

2. Inspection of the dam, spillways, outlet facilities, seepage control, and measurement systems;

3. Inspection of any permanent monument or monitoring installations;

Assessment of all parts of the dam that are related to the dam's safety; and

5. A recommendation regarding the safe storage level of the reservoir.

D. The engineer shall submit a safety inspection report that describes the findings and lists actions that will improve the safety of the dam. The report shall include the engineer's recommendation of the safe storage level. The engineer shall use a report form approved by the Director.

E. Inspections by the Owner

1. An owner may provide to the Director, at the owner's expense, a safety inspection report that complies with the requirements of subsections (B), (C), and (D) in place of an inspection by the Department. The owner's engineer shall notify the Director and submit a written summary of the engineer's qualifications at least 14 days before the scheduled safety inspection.

2. The Director may refuse to accept an inspection that does not conform to this Article.

3. A safety inspection report submitted pursuant to this subsection shall include the fee required by R12-15-105(D).

F. Inspections by the Department

1. The Director may enter at reasonable times upon private or public property and the owner shall permit such entry, where a dam is located, including a dam under construction, reconstruction, repair, enlargement, alteration, breach, or removal, for any of the following purposes:

a. To enforce the conditions of approval of the construction drawings and specifications related to an application for construction, reconstruction, repair, enlargement, alteration, breach, or removal.

b. To inspect a dam that is subject to this Article.

c. To investigate or assemble data to aid review and study of the design and construction of dams, reservoirs, and appurtenances or make watershed investigations to facilitate decisions on public safety to fulfill the duties of A.R.S. § 45-1214.

d. To ascertain compliance with this Article and A.R.S. Title 45, Chapter 6.

2. Upon receipt of a complaint that a dam is endangering people or property:

a. The Director shall inspect the dam unless there is substantial cause to believe the complaint is without merit.

b. If the complainant files a complaint in writing and deposits with the Director sufficient funds to cover the costs of the inspection, the Director shall make an inspection.

c. The Director shall provide a written report of the inspection to the complainant and the dam owner.

d. If an unsafe condition is found, the Director shall cause it to be corrected and return the deposit to the complainant. If the complaint was without merit the deposit shall be paid into the general fund.

3. The Director may employ qualified on-call consultants to conduct inspections.

4. Inspections under subsection (A) shall comply with the requirements of A.R.S. § 41-1009.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).

Ariz. Admin. Code § R12-15-1220 Existing Dams

A. The requirements of this Article apply to existing dams, except as provided in subsections (B) and (C).

B. If the Director has determined that an existing dam is in a safe condition, the owner is not required to comply with R12-15-1216 unless the Director determines that it is cost effective to upgrade the dam to comply with the requirements of R12-15-1216 at the time a major alteration or major repair is planned. In determining whether it is cost effective to upgrade a dam, the Director shall consider:

1. The hazard potential classification of the dam;

2. Whether the cost of the upgrade would exceed 25% of the total cost of the major alteration or major repair; and

3. Whether there is a more cost effective alternative that would provide an equivalent increase in safety.

C. If the Director has determined that a dam is in an unsafe condition, the owner shall comply with the requirements in R12-15-1216. The owner is not required to comply with a requirement in this Article if the Director finds that, considering the site characteristics and the proposed design, the requirement is unduly burdensome or expensive and is not necessary to protect human life or property. The Director shall consider the size, hazard potential classification, physical site conditions, and applicability of a requirement to the dam. The Director shall state in writing the reason or reasons the owner is not required to comply with a requirement.

D. The owner shall ensure that installation of utilities beneath or through an existing dam is accomplished by open cuts or jacking and boring methods.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1221 Emergency Action Plans

A. Each owner of a high or significant hazard potential dam shall prepare, maintain, and exercise a written emergency action plan for immediate defensive action to prevent failure of the dam and minimize any threat to downstream development. The emergency action plan shall contain a:

Notification chart showing the priority for notification in an emergency situation. The owner shall notify local emergency response agencies, affected downstream populations, county emergency management agencies, and affected flood control districts;

Description of the demand reservoir and scope of the emergency action plan;

3. Delineation of potentially unsafe conditions, evaluation procedures, and triggering events that require the initiation of partial or full emergency notification procedures, based on the urgency of the situation;

Delineation of areas of responsibility of the owner and other parties. The emergency action plan shall clearly identify individuals responsible for notifications and declaring an emergency;

5. Specific notification procedure for each emergency situation anticipated;

Description of emergency supplies and resources, equipment access to the site, and alternative means of communication. The emergency action plan shall also identify specific preparedness activities required, such as annual full or partial mock exercises and updates of the emergency action plan; and

7. Map showing the area that would be subject to flooding due to spillway flows and dam failures.

B. The owner shall use the Director's model emergency action plan, which is available at no cost, or an equivalent model, for guidance in preparing the emergency action plan.

C. The owner shall submit a copy of the proposed emergency action plan for review by the Arizona Division of Emergency Management and all local emergency coordinators involved in the plan. The owner shall incorporate appropriate recommendations generated by the reviews and submit the revised emergency action plan to the Department.

D. The owner shall review and update the emergency action plan annually or more frequently to incorporate changes such as new personnel, changing roles of emergency agencies, emergency response resources, conditions of the dam, and information learned from mock exercises. The owner shall send updated portions of the plan to persons and agencies holding copies of the plan within 15 days after preparation of an update.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1222 Right of Review

A. An applicant or owner aggrieved by a decision of the Director regarding the determination of hazard classification, jurisdictional status, or the Director's application of this Article may seek review of an appealable agency action under A.R.S. Title 41, Chapter 6, Article 10.

B. An applicant or owner aggrieved by a decision of the Director that requires the exercise of professional engineering judgment or discretion or the assessment of risk to human life or property, such as the adequacy of an applicant's project documentation, dam design, safe storage level, requirements for existing dams, or maintenance, may seek review by a board of review under A.R.S. §§ 45-1210 and 45-1211.

C. The following actions are not subject to review:

1. Emergency measures taken under A.R.S. §§ 45-1212 or 45-1221.

2. Agency decisions made under A.R.S. §§ 41-1009(E) or (F).

3. Agency actions made exempt from review by law.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1223 Enforcement Authority

A. The Department may exercise its discretion to take action necessary to prevent danger to human life or property. The Director may take any legal action that is proper and necessary for the enforcement of this Chapter.

B. If the Director has cause to believe that a dam is unsafe or a person is violating or has violated a provision of this Article or A.R.S. Title 45, Chapter 6, Article 1, the Director may issue a notice directing the owner to remedy the safety deficiency or correct the violation. The owner may appeal a notice issued under this subsection as an appealable agency action in accordance with A.R.S. Title 41, Chapter 6, Article 10. If the owner does not appeal within 30 days after the date on the notice, the notice becomes final and may be incorporated as a condition of any license based on the duration of the requirement.

C. If the Director has cause to believe that a dam is unsafe or a person is violating or has violated a provision of this Article or A.R.S. Title 45, Chapter 6, Article 1, the Director may proceed under A.R.S. § 45-1221 to initiate a contested case under A.R.S. Title 41, Chapter 6, Article 10 by requesting an administrative hearing.

D. Following a written decision by an administrative law judge, the Director shall issue a decision and order accepting, rejecting, or modifying the administrative law judge's decision. Upon expiration of time to appeal, the decision and order becomes final and may be incorporated as a condition of any license based on the duration of the requirement.

E. If the Director has cause to believe that a dam is unsafe or a person is violating or has violated a provision of this Article or A.R.S. Title 45, Chapter 6, Article 1 the Director may commence an action in a court of appropriate jurisdiction if:

1. The violation is an emergency requiring appropriate steps to be taken without delay; or

2. The Director has cause to believe that use of the administrative procedure would be ineffective or that delay would ensue and a deterioration in the safety of the dam would occur.

F. If the Director commences an action it shall be brought in a court of appropriate jurisdiction in which:

1. The cause or some part of the cause arose; or

2. The owner or person complained of has his or her place of business; or

3. The owner or person complained of resides.

G. A person determined to be in violation of this Article; A.R.S. Title 45, Chapter 6; a license; or order may be assessed a civil penalty not exceeding $1,000 per day of violation. The Director may offer evidence relating to the amount of the penalty in accordance with A.R.S. § 45-1222.

H. A violation of A.R.S. Title 45, Chapter 6, Article 1 regarding Supervision of Dams, Reservoirs, and Projects is a class 2 misdemeanor, in accordance with A.R.S. § 45-1216.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1224 Emergency Procedures

A. The owner of a dam shall immediately notify the Department and responsible authorities in adjacent and downstream communities, including emergency management authorities, of a condition that may threaten the safety of the dam. The owner shall take necessary actions to protect human life and property, including action required under an emergency action plan or order issued under this Article.

1. A condition that may threaten the safety of a dam includes:

a. Sliding of upstream or downstream slopes or abutments contiguous to the dam;

b. Sudden subsidence of the top of the dam;

c. Longitudinal or transverse cracking of the top of the dam;

d. Unusual release of water from the downstream slope or face of the dam;

e. Other unusual conditions at the downstream slope of the dam;

f. Significant landslides in the reservoir area;

g. Increasing volume of seepage;

h. Cloudy seepage or recent deposits of soil at seepage exit points;

i. Sudden cracking or displacement of concrete in a concrete or masonry dam spillway or outlet works;

j. Loss of freeboard or dam cross section due to storm wave erosion;

k. Flood waters overtopping an embankment dam; or

l. Spillway backcutting that threatens evacuation of the reservoir.

2. In case of an emergency, the owner shall telephone the Arizona Department of Public Safety's emergency numbers at (800) 411-2336 or (602) 223-2000.

B. The Director shall issue an emergency approval to repair, alter, or remove an existing dam if the Director finds that immediate remedial action is necessary to alleviate an imminent threat to human life or property.

1. The emergency approval shall be provided in writing on a form developed for this purpose.

2. The emergency approval may contain conditions the Director determines are appropriate to protect human life or property.

3. The emergency approval is effective immediately for 30 days after notice is issued unless extended in writing by the Director. The Director shall also send notice to the county flood control district of the county in which the dam is located, all municipalities within 5 miles downstream of the dam, and any additional persons identified in the emergency action plan.

4. The Director may institute legal or administrative proceedings that the Director deems appropriate for violations of the emergency approval or conditions of the emergency approval.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by final expedited rulemaking at 28 A.A.R. 266, effective 1/5/2022.

Ariz. Admin. Code § R12-15-1225 Emergency Repairs

A. The Director shall use monies from the dam repair fund, established under A.R.S. § 45-1212.01 to employ any remedial measure necessary to protect human life and property resulting from a condition that threatens the safety of a dam if the dam owner is unable or unwilling to take action and there is not sufficient time to issue and enforce an order.

B. The deputy director may authorize an expenditure not to exceed $10,000 from the dam repair fund for remedial measures under A.R.S. § 45-1212. The expenditure of any additional funds shall be approved by the Director.

C. The Director shall hold a lien against all property of the owner in accordance with A.R.S. § 45-1212.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Ariz. Admin. Code § R12-15-1226 Non-emergency Repairs; Loans and Grants

A. If the Director determines that a dam represents a threat to human life and property but is not in an emergency condition, the Director may use the dam repair fund, established under A.R.S. § 45-1212.01, as prescribed in this Article to defray the costs of repair.

B. Monies from the dam repair fund may be used for loans and grants to owners as provided in A.R.S. §§ 45-1218 and 45-1219.

C. To qualify for a loan or grant from the dam repair fund, a dam shall be classified as unsafe by the Director.

D. The Director may authorize grant funds for all or part of the cost of engineering studies or construction needed to mitigate the threat to human life and property created by a dam.

1. The Director and the grantee shall execute a financial assistance agreement that includes terms of financial assistance, the work progress, and payment schedule.

2. The Director shall disburse grant funds in accordance with the financial assistance agreement.

3. The Director shall establish a priority ranking for grants based on factors including the potential for failure of a dam, the number of lives at risk, and the capability of the owner to pay a portion of the costs.

E. The Director may loan funds for engineering studies or for all or part of construction as prescribed in A.R.S. § 45-1218.

1. The Director and the dam owner shall execute a loan repayment agreement. The loan repayment agreement shall be delivered to and held by the Department.

2. The Director shall establish a priority ranking for loans based on factors including the potential for failure of a dam, the number of human lives at risk, and the capability of the owner to pay a portion of the costs.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).

Article 13 WELL SPACING REQUIREMENTS; REPLACEMENT WELLS IN APPROXIMATELY THE SAME LOCATION

Ariz. Admin. Code § R12-15-1301 Definitions

In addition to the definitions in A.R.S. §§ 45-101, 45-402, and 45-591, the following words and phrases in this Article shall have the following meanings, unless the context otherwise requires:

1. "Abandoned well" means a well for which a well abandonment completion report has been filed pursuant to R12-15-816(E) or for which a notification of abandonment has been filed pursuant to R12-15-816(K).

2. "Additional drawdown" means a lowering in the water levels surrounding a well that is the result of the operation of the well and that is not attributable to existing regional rates of decline or existing impacts from other wells.

3. "Applicant" means any of the following:

a. A person who has filed an application for a permit to construct a new well or a replacement well in a new location under A.R.S. § 45-599;

b. A person who has filed an application for a recovery well permit under A.R.S. § 45-834.01 for a new well as defined in A.R.S. § 45-591 or, except as provided in A.R.S. § 45-834.01(B)(2) or (3), an existing well as defined in A.R.S. § 45-591;

c. A person who has filed an application for approval to use a well to withdraw groundwater for transportation to an active management area under A.R.S. § 45-559; or

d. A person, other than a city, town, private water company, or irrigation district, who has filed an application for a water exchange permit under A.R.S. § 45-1041.

4. "ADEQ" means the Arizona Department of Environmental Quality.

5. "Contaminated groundwater" means groundwater that has been contaminated by a release of a hazardous substance, as defined in A.R.S. § 49-201, or a pollutant, as defined in A.R.S. § 49-201.

6. "DOD" means the United States Department of Defense.

7. "EPA" means the United States Environmental Protection Agency.

8. "LCR plateau groundwater transporter" means a person transporting groundwater from the Little Colorado River plateau groundwater basin to another groundwater basin pursuant to A.R.S. § 45-544(B)(1).

9. "Notice of water exchange participant" means a person, other than a city, town, private water company, or irrigation district, named as a participant in a water exchange in a notice of water exchange filed under A.R.S. § 45-1051.

10. "Original well" means the well replaced by a replacement well in approximately the same location, except that if the replacement well is the latest in a succession of two or more wells drilled as replacement wells in approximately the same location under R12-15-1308 or temporary rule R12-15-840 adopted by the director on March 11, 1983, "original well" means the well replaced by the first replacement well in approximately the same location.

11. "Remedial action site" means any of the following:

a. The site of a remedial action undertaken pursuant to the comprehensive environmental response, compensation, and liability act ("CERCLA") of 1980, as amended, 42 U.S.C. 9601, et seq., commonly known as a "superfund" site;

b. The site of a corrective action undertaken pursuant to A.R.S. Title 49, Chapter 6, commonly known as a leaking underground storage tank ("LUST") site;

c. The site of a voluntary remediation action undertaken pursuant to A.R.S. Title 49, Chapter 1, Article 5;

d. The site of a remedial action undertaken pursuant to A.R.S. Title 49, Chapter 2, Article 5, commonly known as a water quality assurance revolving fund ("WQARF") site;

e. The site of a remedial action undertaken pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6901, et seq.; or

f. The site of remedial action undertaken pursuant to the Department of Defense Environmental Restoration Program, 10 U.S.C. 2701, et seq., commonly known as a "Department of Defense site" or a "DOD site."

12. "Replacement well" means a well drilled for the purpose of replacing another well.

13. "Replacement well in a new location" means a replacement well that does not qualify as a replacement well in approximately the same location under R12-15-1308.

14. "Replacement well in approximately the same location" means a replacement well that qualifies as a replacement well in approximately the same location under R12-15-1308.

15. "Well" has the meaning prescribed in A.R.S. § 45-402. An abandoned well is not a well.

16. "Well of record" means, with respect to an applicant, an LCR plateau groundwater transporter, or a notice of water exchange participant, any well or proposed well not owned by the applicant, LCR plateau groundwater transporter, or notice of water exchange participant, or proposed to be drilled by the applicant, LCR plateau groundwater transporter, or notice of water exchange participant, to which any of the following apply:

a. The well is an existing well as defined in A.R.S. § 45-591 and the owner or operator has registered the well with the Department, unless the current well information on file with the Department identifies the sole purpose or purposes of the well as one or more of the following:

i. Cathodic protection;

ii. Use as a sump pump or heat pump;

iii. Air sparging;

iv. Injection of liquids or gasses into the aquifer or vadose zone, including injection wells that are part of an underground storage facility permitted under A.R.S. Title 45, Chapter 3.1;

v. Monitoring water levels or water quality, including a piezometer well;

vi. Obtaining geophysical, mineralogical, or geotechnical data;

vii. Grounding;

viii. Soil vapor extraction;

ix. Electrical energy generation pursuant to a temporary permit for electrical energy generation issued under A.R.S. § 45-517;

x. Dewatering pursuant to a dewatering permit issued under A.R.S. § 45-513 or a temporary dewatering permit issued under A.R.S. § 45-518;

xi. Drainage pursuant to a drainage water withdrawal permit issued under A.R.S. § 45-519; or

xii. Hydrologic testing pursuant to a hydrologic testing permit issued under A.R.S. § 45-519.01.

b. The well is a new well as defined in A.R.S. § 45-591 for which a notice of intention to drill was not filed pursuant to A.R.S. § 45-596 and for which a permit was not issued pursuant to A.R.S. §§ 45-599 or 45-834.01, and the owner or operator has registered the well with the Department, unless the current well information on file with the Department identifies the sole purpose or purposes of the well as one or more of the purposes in subsection (16)(a)(i) through (xii) of this Section;

c. A filing has been made for the well pursuant to A.R.S. § 45-596(A) or (B), unless any of the following apply:

i. The filing has expired pursuant to A.R.S. § 45-596(E);

ii. The filing identifies the sole purpose or purposes of the well as one or more of the purposes in subsection (16)(a)(i) through (xii) of this Section; or

iii. The well is an exempt well and the director is prohibited by A.R.S. § 45-454(D)(4) from considering impacts on the well when determining whether to approve or reject a permit application filed under A.R.S. § 45-599.

d. An application for a permit to drill the well has been received by the Department pursuant to A.R.S. § 45-599, unless the application has been rejected after exhaustion of all administrative and judicial appeals or the permit issued pursuant to the application has been revoked or has expired according to its terms or for failure to complete the well in a timely manner pursuant to A.R.S. § 45-599(G);

e. An application for a permit pursuant to A.R.S. §§ 45-514 or 45-516 has been received by the Department pursuant to A.R.S. § 45-521, unless the application has been rejected after exhaustion of all administrative and judicial appeals or the permit issued pursuant to the application has been revoked or has expired according to its terms or for failure to complete the well before expiration of the drilling authority; or

f. An application for a permit to drill a recovery well has been received by the Department pursuant to A.R.S. § 45-834.01, unless the application has been rejected after exhaustion of all administrative and judicial appeals or the permit issued pursuant to the application has been revoked or has expired according to its terms or for failure to complete the well in a timely manner pursuant to A.R.S. § 45-834.01(F).

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1302 Well Spacing Requirements - Applications to Construct New Wells or Replacement Wells in New Locations Under A.R.S. Section 45-599

A. The director shall not approve an application for a permit to construct a new well or a replacement well in a new location under A.R.S. § 45-599 if the director determines that the withdrawals from the proposed well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B) of this Section.

B. The director shall determine that the withdrawals from the proposed well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells if any of the following apply:

1. Except as provided in subsection (D) of this Section, the director determines that the probable impact of the withdrawals from the proposed well or wells on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study delineating those areas surrounding the proposed well or wells in which the projected impacts on water levels will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection;

2. The director determines that the proposed well or wells will be located in an area of known land subsidence and the withdrawals from the proposed well or wells will likely cause unreasonably increasing damage from additional regional land subsidence. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the withdrawals from the proposed well or wells on regional land subsidence. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection; or

3. Except as provided in subsection (E) of this Section, the director determines, after consulting with ADEQ, that withdrawals from the proposed well or wells will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence as of the date of the receipt of the application, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study demonstrating whether the withdrawals from the proposed well or wells will have the effect described in this subsection. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection.

C. In making a determination under subsection (B)(1), (B)(2), or (B)(3) of this Section, if the proposed well is a replacement well in a new location, the director shall take into account the collective effects of reducing or terminating withdrawals from the well being replaced combined with the proposed withdrawals from the replacement well if the applicant submits a hydrological study demonstrating those collective effects to the satisfaction of the director.

D. If the director determines under subsection (B)(1) of this Section that the probable impact of the withdrawals from the proposed well or wells on one or more wells of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the withdrawals from the proposed well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(1) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the withdrawals from the proposed well or wells. The applicant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E. If the director determines that withdrawals from the proposed well or wells will have the effect described in subsection (B)(3) of this Section on one or more wells of record in existence as of the date of receipt of the application, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the withdrawals from the proposed well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the withdrawals from the proposed well or wells. The applicant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

F. At any time before a final determination under this Section, the applicant may:

Amend the application to change the location of the proposed well or wells or the amount of groundwater to be withdrawn from the proposed well or wells to lessen the degree of impact on wells of record or regional land subsidence; or

2. Agree to construct or operate the proposed well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. The director shall indicate in the well permit that compliance with the agreement is a condition of the well permit.

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1303 Well Spacing Requirements - Applications for Recovery Well Permits Under A.R.S. Section 45-834.01

A. The director shall not approve an application for a recovery well permit under A.R.S. § 45-834.01 that is filed for a new well as defined in A.R.S. § 45-591 or, except as provided in A.R.S. § 45-834.01(B)(2) or (3), for an existing well as defined in A.R.S. § 45-591, if the director determines that the recovery of stored water from the proposed well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B) of this Section.

B. The director shall determine that the recovery of stored water from the proposed well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells if any of the following apply:

1. Except as provided in subsection (D) of this Section, the director determines that the probable impact of the recovery of stored water from the proposed well or wells on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of the recovery of stored water from the proposed well or wells. To assist the director in making a determination under this subsection, the applicant shall submit with the application a hydrological study delineating those areas surrounding the proposed well or wells in which the projected impacts on water levels will exceed 10 feet of additional drawdown after the first five years of the recovery of stored water from the proposed well or wells;

2. The director determines that the proposed recovery well or wells will be located in an area of known land subsidence and the recovery of stored water from the proposed well or wells will likely cause unreasonably increasing damage from additional regional land subsidence. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the recovery of stored water from the proposed recovery well or wells on regional land subsidence. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection; or

3. Except as provided in subsection (E) of this Section, the director determines, after consulting with ADEQ, that the recovery of stored water from the proposed well or wells will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence as of the date of receipt of the application, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study demonstrating whether the recovery of stored water from the proposed well or wells will have the effect described in this subsection. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection.

C. In making a determination under subsection (B)(1), (B)(2), or (B)(3) of this Section:

1. If the proposed recovery well is a replacement well in a new location, the director shall take into account the collective effects of reducing or terminating withdrawals from the well being replaced combined with the proposed recovery of stored water from the replacement well if the applicant submits a hydrological study demonstrating those collective effects to the satisfaction of the director.

2. If the proposed recovery well will be located within the area of impact, as defined in A.R.S. § 45-802.01, of an underground storage facility and the applicant will account for all of the water recovered from the well as water stored at the facility, the director shall take into account the effects of water storage at the facility on the proposed recovery of stored water from the recovery well if the applicant submits a hydrological study demonstrating those effects to the satisfaction of the director.

D. If the director determines under subsection (B)(1) of this Section that the probable impact of the recovery of stored water from the proposed recovery well or wells on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the recovery of stored water from the proposed recovery well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(1) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the recovery of stored water from the proposed recovery well or wells. The applicant shall use the consent form furnished by the director; or

Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E. If the director determines that the recovery of stored water from the proposed recovery well or wells will have the effect described in subsection (B)(3) of this Section on one or more wells of record in existence as of the date of receipt of the application, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the recovery of stored water from the proposed recovery well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the recovery of stored water from the proposed recovery well or wells. The applicant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

F. At any time before a final determination under this Section, the applicant may:

1. Amend the application to change the location of the proposed recovery well or wells or the amount of stored water to be recovered from the proposed recovery well or wells to lessen the degree of impact on wells of record or regional land subsidence; or

2. Agree to construct or operate the proposed recovery well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. The director shall indicate in the recovery well permit that compliance with the agreement is a condition of the recovery well permit.

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1304 Well Spacing Requirements - Wells Withdrawing Groundwater From the Little Colorado River Plateau Groundwater Basin for Transportation to Another Groundwater Basin Under A.R.S. Section 45-544(B)(1)

A. An LCR plateau groundwater transporter may not withdraw groundwater from a well or wells drilled in the Little Colorado river plateau groundwater basin after January 1, 1991, except a replacement well in approximately the same location or a well drilled after that date pursuant to a notice of intention to drill filed on or before that date, for transportation away from the basin pursuant to A.R.S. § 45-544(B)(1) if the director determines that the withdrawals for that purpose will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B) of this Section.

B. The director shall determine that the withdrawals of groundwater from the well or wells will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells if any of the following apply:

1. Except as provided in subsection (D) of this Section, the director determines that the probable impact of the withdrawals of groundwater from the well or wells on any well of record in existence when the withdrawals commenced or are proposed to commence will exceed 10 feet of additional drawdown after the first five years of the withdrawals. To assist the director in making a determination under this subsection, the LCR plateau groundwater transporter may submit to the director a hydrological study delineating those areas surrounding the LCR plateau groundwater transporter's well or wells in which the projected impacts on water levels will exceed 10 feet of additional drawdown after the first five years of the withdrawals. The director may require the LCR plateau groundwater transporter to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection;

2. The director determines that the well or wells from which the groundwater is withdrawn are located in an area of known land subsidence and the withdrawals of groundwater will likely cause unreasonably increasing damage from additional regional land subsidence. To assist the director in making a determination under this subsection, the LCR plateau groundwater transporter may submit to the director a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the withdrawals on regional land subsidence. The director may require the LCR plateau groundwater transporter to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection; or

3. Except as provided in subsection (E) of this Section, the director determines, after consulting with ADEQ, that the withdrawals of groundwater from the well or wells will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence when the groundwater withdrawals commenced or are proposed to commence, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the LCR plateau groundwater transporter may submit to the director a hydrological study demonstrating whether the withdrawals of groundwater will have the effect described in this subsection. The director may require the LCR plateau groundwater transporter to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection.

C. In making a determination under subsection (B)(1), (B)(2), or (B)(3) of this Section, if a well from which the groundwater is withdrawn is a replacement well in a new location, the director shall take into account the collective effects of reducing or terminating withdrawals from the well being replaced combined with the withdrawals from the replacement well if the LCR plateau groundwater transporter submits a hydrological study demonstrating those collective effects to the satisfaction of the director.

D. If the director determines under subsection (B)(1) of this Section that the probable impact of the withdrawals of groundwater from the well or wells on any well of record in existence when the withdrawals commenced or are proposed to commence will exceed 10 feet of additional drawdown after the first five years of the withdrawals, the director shall notify the LCR plateau groundwater transporter in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the withdrawals will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(1) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the LCR plateau groundwater transporter submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the withdrawals. The LCR plateau groundwater transporter shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the LCR plateau groundwater transporter made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E. If the director determines that the withdrawals of groundwater from the well or wells will have the effect described in subsection (B)(3) of this Section on one or more wells of record in existence when the groundwater withdrawals commenced or are proposed to commence, the director shall notify the LCR plateau groundwater transporter in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the withdrawals will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the LCR plateau groundwater transporter submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the withdrawals. The LCR plateau groundwater transporter shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the LCR plateau groundwater transporter made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

F. At any time before a final determination under this Section, the LCR plateau groundwater transporter may agree to construct or operate the well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. Compliance with the agreement is a condition for the use of the well or wells to withdraw groundwater for transportation away from the basin pursuant to A.R.S. § 45-544(B)(1).

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1305 Well Spacing Requirements - Applications to Use a Well to Withdraw Groundwater for Transportation to an Active Management Area under A.R.S. Section 45-559

A. The director shall not approve an application to use a well or wells constructed after September 21, 1991, to withdraw groundwater for transportation to an active management area under A.R.S. § 45-559 if the director determines that the withdrawals for that purpose will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B) of this Section.

B. The director shall determine that the withdrawals of groundwater will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells if any of the following apply:

1. Except as provided in subsection (C) of this Section, the director determines that the probable impact of the groundwater withdrawals on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of the withdrawals. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study delineating those areas surrounding the proposed well or wells in which the projected impacts of the groundwater withdrawals on water levels will exceed 10 feet of additional drawdown after the first five years of the withdrawals. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection;

2. The director determines that the proposed well or wells will be located in an area of known land subsidence and the groundwater withdrawals will likely cause unreasonably increasing damage from additional regional land subsidence. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the groundwater withdrawals on regional land subsidence. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection; or

3. Except as provided in subsection (D) of this Section, the director determines, after consulting with ADEQ, that the groundwater withdrawals will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence as of the date of receipt of the application, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study demonstrating whether the groundwater withdrawals will have the effect described in this subsection. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection.

C. If the director determines under subsection (B)(1) of this Section that the probable impact of the groundwater withdrawals on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of the withdrawals, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the groundwater withdrawals will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(1) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the withdrawals. The applicant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

D. If the director determines that the groundwater withdrawals will have the effect described in subsection (B)(3) of this Section on one or more wells of record in existence as of the date of receipt of the application, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the groundwater withdrawals will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the withdrawals. The applicant shall use the consent form furnished by the director; or

Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E. At any time before a final determination under this Section, the applicant may:

Amend the application to change the location of the proposed well or wells or the amount of groundwater to be withdrawn from the proposed well or wells to lessen the degree of impact on wells of record or regional land subsidence; or

2. Agree to construct or operate the proposed well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. The director shall indicate in the permit that compliance with the agreement is a condition of the permit to use the well or wells to withdraw groundwater for transportation to an active management area under A.R.S. § 45-559.

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1306 Well Spacing Requirements - Applications for Water Exchange Permits under A.R.S. Section 45-1041

A. The director shall not approve an application for a water exchange permit filed under A.R.S. § 45-1041 by a person other than a city, town, private water company or irrigation district if the director determines that any new or increased pumping by the applicant from a well or wells within an active management area pursuant to the water exchange will cause unreasonably increasing damage to surrounding land or other water users under subsection (B) of this Section.

B. The director shall determine that new or increased pumping by the applicant from a well or wells within an active management area will cause unreasonably increasing damage to surrounding land or other water users if any of the following apply:

1. Except as provided in subsection (C) of this Section, the director determines that the probable impact of the new or increased pumping on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of the pumping. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study delineating those areas surrounding the proposed well or wells in which the projected impacts of the new or increased pumping on water levels will exceed 10 feet of additional drawdown after the first five years of the pumping. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection;

2. The director determines that the new or increased pumping will occur in an area of known land subsidence and the pumping will likely cause unreasonably increasing damage from additional regional land subsidence. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the new or increased pumping on regional land subsidence. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection; or

3. Except as provided in subsection (D) of this Section, the director determines, after consulting with ADEQ, that the new or increased pumping will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence as of the date of receipt of the application, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the applicant may submit with the application a hydrological study demonstrating whether the new or increased pumping will have the effect described in this subsection. If the applicant does not submit such a hydrological study with the application, the director may require the applicant to submit the study if the director determines that the study will assist the director in making a determination under this subsection.

C. If the director determines under subsection (B)(1) of this Section that the probable impact of the new or increased pumping on any well of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of the pumping, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the new or increased pumping will cause unreasonably increasing damage to surrounding land or other water users under subsection (B)(1) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the new or increased pumping. The applicant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

D. If the director determines that the new or increased pumping will have the effect described in subsection (B)(3) of this Section on one or more wells of record in existence as of the date of receipt of the application, the director shall notify the applicant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the new or increased pumping will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the applicant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the new or increased pumping. The applicant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E. At any time before a final determination under this Section, the applicant may:

1. Amend the application to change the location of the proposed well or wells or the amount of the new or increase pumping to lessen the degree of impact on wells of record or regional land subsidence; or

2. Agree to construct or operate the proposed well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. The director shall indicate in the water exchange permit that compliance with the agreement is a condition of the water exchange permit.

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1307 Well Spacing Requirements - Notices of Water Exchange under A.R.S. Section 45-1051

A. A notice of water exchange participant may not participate in a water exchange for which a notice is filed under A.R.S. § 45-1051 if the director determines that any new or increased pumping by the person from a well or wells within an active management area pursuant to the water exchange will cause unreasonably increasing damage to surrounding land or other water users under subsection (B) of this Section.

B. The director shall determine that new or increased pumping from the well or wells in an active management area will cause unreasonably increasing damage to surrounding land or other water users if any of the following apply:

1. Except as provided in subsection (C) of this Section, the director determines that the probable impact of the new or increased pumping on any well of record in existence when the pumping commenced or is proposed to commence will exceed 10 feet of additional drawdown after the first five years of the pumping. To assist the director in making a determination under this subsection, the notice of water exchange participant may submit to the director a hydrological study delineating those areas surrounding the notice of water exchange participant's well or wells in which the projected impacts of the new or increased pumping on water levels will exceed 10 feet of additional drawdown after the first five years of the pumping. The director may require the notice of water exchange participant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection;

2. The director determines that the new or increased pumping is in an area of known land subsidence and the pumping will likely cause unreasonably increasing damage from additional regional land subsidence. To assist the director in making a determination under this subsection, the notice of water exchange participant may submit to the director a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the pumping on regional land subsidence. The director may require the notice of water exchange participant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection; or

3. Except as provided in subsection (D) of this Section, the director determines, after consulting with ADEQ, that the new or increased pumping will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence when the pumping commenced or is proposed to commence, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the notice of water exchange participant may submit to the director a hydrological study demonstrating whether the new or increased pumping will have the effect described in this subsection. The director may require the notice of water exchange participant to submit such a study if the director determines that the study will assist the director in making a determination under this subsection.

C. If the director determines under subsection (B)(1) of this Section that the probable impact of the new or increased pumping on any well of record in existence when the pumping commenced or is proposed to commence will exceed 10 feet of additional drawdown after the first five years of the pumping, the director shall notify the notice of water exchange participant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the new or increased pumping will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(1) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the notice of water exchange participant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the new or increased pumping. The notice of water exchange participant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the notice of water exchange participant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

D. If the director determines that the new or increased pumping will have the effect described in subsection (B)(3) of this Section on one or more wells of record in existence when the pumping commenced or is proposed to commence, the director shall notify the notice of water exchange participant in writing of the location of the wells of record and the names and addresses of the owners of the wells as shown in the Department's well registry. The director shall not determine that the new or increased pumping will cause unreasonably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the notice of water exchange participant submits one of the following for each well of record identified in the notice:

1. A signed and notarized consent form from the owner of the well of record consenting to the new or increased pumping. The notice of water exchange participant shall use the consent form furnished by the director; or

2. Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Department's well registry records is inaccurate and that the notice of water exchange participant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E. At any time before a final determination under this Section, the notice of water exchange participant may agree to construct or operate the well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. Compliance with the agreement is a condition for the use of the well to pump water for the water exchange.

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Ariz. Admin. Code § R12-15-1308 Replacement Wells in Approximately the Same Location

A. For purposes of A.R.S. §§ 45-544, 45-596, and 45-597, a replacement well in approximately the same location is a proposed well to which all of the following apply:

1. The proposed well will be located no greater than 660 feet from the original well, and the location of the original well can be determined at the time the notice of intention to drill the proposed well is filed;

2. Except as provided in subsections (A)(3) and (A)(4) of this Section, the proposed well will not annually withdraw an amount of water in excess of the maximum annual capacity of the original well. The director shall determine the maximum annual capacity of the original well by multiplying the maximum pump capacity of the original well in gallons per minute by 525,600, and then converting the result into acre-feet by dividing the result by 325,851 gallons. The director shall presume that the maximum pump capacity of the original well is the maximum pump capacity of the well in gallons per minute as shown in the Department's well registry records, except that:

a. If the director has reason to believe that the maximum pump capacity as shown in the Department's well registry records is inaccurate, or if the applicant submits evidence demonstrating that the maximum pump capacity as shown in the Department's well registry records is inaccurate, the director shall determine the maximum pump capacity by considering all available evidence, including the depth and diameter of the well and any evidence submitted by the applicant; or

b. If the Department's well registry records do not show the maximum pump capacity of the original well, the director shall not approve the proposed well as a replacement well in approximately the same location unless the applicant demonstrates to the director's satisfaction the maximum pump capacity of the original well;

3. If a well permit was issued for the original well under A.R.S. § 45-599, the proposed well will not annually withdraw an amount of groundwater in excess of the maximum annual volume set forth in the well permit;

4. If a recovery well permit was issued for the well to be replaced pursuant to A.R.S. § 45-834.01(B) and the permit sets forth a maximum annual volume of stored water that may be recovered from the well, the proposed well will not annually recover an amount of stored water in excess of the maximum annual volume set forth in the recovery well permit;

5. If the well to be replaced has been physically abandoned in accordance with R12-15-816, a notice of intention to drill the proposed well is filed no later than 90 days after the well to be replaced was physically abandoned; and

6. If the proposed well will be used to withdraw groundwater from the Little Colorado river plateau groundwater basin for transportation away from the basin pursuant to A.R.S. § 45-544(B)(1), one of the following applies:

a. The original well was drilled on or before January 1, 1991, or was drilled after that date pursuant to a notice of intention to drill that was on file with the Department on that date; or

b. The director previously determined that the withdrawal of groundwater from the original well for transportation away from the Little Colorado river plateau groundwater basin complies with R12-15-1304.

B. After a replacement well in approximately the same location is drilled, the replacement well may be operated in conjunction with the original well and any other wells that replaced the original well if the total annual withdrawals from all wells do not exceed the maximum amount allowed under subsection (A)(2), (A)(3), or (A)(4) of this Section, whichever applies.

C. A proposed well may be drilled as a replacement well in approximately the same location for more than one original well if the criteria in subsections (A)(1), (A)(5), and (A)(6) of this Section are met with respect to each original well and if the total annual withdrawals from the proposed well will not exceed the combined maximum annual amounts allowed for each original well under subsections (A)(2), (A)(3), or (A)(4) of this Section, whichever apply.

D. The director may include conditions in the approval of the notice of intention to drill the replacement well to ensure that the drilling and operation of the replacement well meets the requirements of this Section.

History

• New Section made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).

Chapter 17 ARIZONA NAVIGABLE STREAM ADJUDICATION COMMISSION

Article 1 HEARINGS

Ariz. Admin. Code § R12-17-101 Petition to Modify Priorities

If a person is aggrieved by the undetermined navigability status of a watercourse and submits a petition under A.R.S. § 37-1123(F), the Commission shall meet within 30 days following receipt of the petition to consider whether to modify the priorities set in accordance with A.R.S. § 37-1123(E).

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-102 Computation of Time

The Commission shall consider any period of time prescribed or allowed under this Article as calendar days.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-103 Service of Documents

If a party has appeared by an attorney, service upon the attorney is deemed service upon the party.

1. Method of service.

a. Hand delivery with receipt or certificate of delivery,

b. Legible facsimile with confirmed receipt,

c. Personal service, or

d. Regular mail.

2. Service is deemed made at the time of personal service of the document or five days after deposit of the document in the United States mail, postage prepaid, in a sealed envelope, addressed to the person being served at the last known address of record.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-104 Notice of Appearance As a Party

A person may appear as a party at a Commission hearing by:

1. Providing notice to the Commission in writing before or at the hearing,

2. Appearing at the hearing, or

3. Filing a post hearing opening legal memorandum or a response legal memorandum.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-105 Evidence

A. Submission of evidence.

1. Any person may submit evidence to the Commission in person or by mail to the Arizona Navigable Stream Adjudication Commission, 1700 West Washington, Suite 304, Phoenix, Arizona 85007, on or before the published hearing date.

2. A person may submit evidence relevant to a matter that is being heard.

3. A person is not required to resubmit evidence previously submitted to the Commission before August 9, 2002 that relates to the navigability of a particular watercourse.

4. A person submitting evidence shall submit an original and seven copies of the evidence.

a. The evidence shall, where practical, be printed on one side of 8 1/2 x 11-inch paper.

b. For computer-generated presentations, such as PowerPoint, only paper printouts of the presentation slides are accepted.

5. All evidence submitted, including maps, charts, photographs, transparencies, audiotapes, and videotapes are the property of the Commission.

B. Evidence review. A person may review any evidence submitted for a hearing and may request, at the person's expense, a copy of any item that can be copied.

C. Objection to an item of evidence.

1. Any person may object to the admission or exclusion of an item of evidence by making the objection on the record at the public hearing at which the item of evidence is offered.

2. The Commission shall admit the evidence, exclude the evidence, or take the matter under advisement for later determination.

D. Recordkeeping. The Commission shall maintain a permanent record for all relevant evidence submitted for each hearing.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-106 Hearings

A. Evidence.

1. The Commission shall receive, review, and consider only evidence relevant to the matter being heard.

2. At the beginning of the hearing, the Presiding Officer shall announce the time when evidence will no longer be accepted for consideration.

B. Any person acting as a party may be represented by legal counsel or may proceed without legal counsel.

C. A party may respond and present evidence and arguments on all relevant issues.

1. The Presiding Officer may exclude evidence if its probative value is outweighed by the danger of unfair prejudice; confusion of the issues; or considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

2. If any Commissioner objects to a ruling by the Presiding Officer regarding the exclusion of evidence, the entire Commission shall vote on the ruling.

D. The Presiding Officer shall exercise reasonable control over the manner and order of examining witnesses and presenting evidence to ascertain the truth, avoid needless consumption of time, and protect witnesses from harassment or undue embarrassment. The Presiding Officer shall determine:

1. The order in which parties will testify,

2. The time limit for testimony, if any, and

The order and duration of questions that a party may ask a witness.

E. If any Commissioner objects to the Presiding Officer's ruling on a procedural motion, the entire Commission shall vote on the motion.

F. The Commission shall, as a whole, rule on any motion involving a matter of law or fact.

G. The Presiding Officer may, for good cause, continue or reschedule any hearing before the Commission.

H. Public participation.

1. The Commission shall provide an opportunity for public comment regarding any item on the hearing agenda.

2. The Presiding Officer may establish time limits for public comments.

3. The Presiding Officer may exclude any person if the person disrupts or obstructs a hearing or willfully refuses to comply with an order of the Presiding Officer.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-107 Hearing Record

A. The Presiding Officer shall ensure that a record of the proceeding is created. The Presiding Officer may tape record or secure a court reporter to produce a record of the proceeding. The Commission shall retain the original audiotape recording or the court reporter's transcript of the hearing, whichever method is used.

B. A person may obtain a copy of an audiotape recording of a hearing by requesting a copy of the audiotape and by providing the Commission with a blank audiotape.

C. A person may obtain a copy of a court reporter's transcript by making copying arrangements directly with the court reporter.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-108 Legal Memoranda

A. Opening legal memoranda.

1. A party may file an opening legal memorandum with the Commission within 30 days, or within another reasonable period of time after conclusion of the hearing, as determined by the Presiding Officer.

2. The party shall serve a copy of the opening legal memorandum upon all other parties to the hearing and file proof of service with the Commission.

3. Unless allowed by the Commission, a party shall not submit an opening legal memorandum that exceeds 25 pages.

B. Response memoranda.

1. A party may file a response legal memorandum with the Commission within 20 days, or within another reasonable period of time after service of the opening legal memorandum, as determined by the Presiding Officer.

2. The party shall serve a copy of the response legal memorandum upon all other parties to the hearing and file proof of service with the Commission.

3. Unless allowed by the Commission, a party shall not submit a response legal memorandum that exceeds 15 pages.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-109 Hearing to Identify Public Trust Values

If the Commission determines that a watercourse was navigable as of February 14, 1912, the Commission shall, within 90 days of its final determination, hold a hearing to identify any trust values associated with the watercourse.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).

Ariz. Admin. Code § R12-17-110 Hearing Log

The Commission shall maintain a log of all Commission hearings and shall assign a number to each hearing regarding a particular watercourse. The hearing log shall include:

1. The hearing number,

2. The name and date of the hearing,

3. The final determination date,

4. The Commission report date; and

5. The county recording or close date.

History

• New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).