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Flashcards in AZ Real Estate (Hogan) 2020 Deck (1169)
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1

Surface Water Rights - are regulated thru this Doctrine, which also means "First in Time -  First in Right."

Doctrine of Prior Appropriation -

Surface Water Rights - First in Time - First in Right. This means that the First Person to Claim a “Beneficial Use” of the Water Has the Senior Right To It

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2

Brings Colorado River Water to Urban Areas in Central Arizona by way of 336-Mile Canal?

(CAP) Central Arizona Project (CAP) -

Brings Colorado River Water to Urban Areas in Central Arizona by way of 336-Mile Canal

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3

What type of Renewable Water Source replenishes groundwater using CAP?

  1. In AMAs_Active Mgmt Areas (Maricopa, Pima and Pinal Counties) - _______ is responsible for replenishing groundwater using CAP water.
  2. Property Owners - charged on property tax bill. 

CAGRD - Central AZ Groundwater Replenish District - Renewable Water Source replenishes groundwater using CAP

  1. In AMAs_Active Mgmt Areas (Maricopa, Pima and Pinal Counties) -
    1. CA G RD is responsible for replenishing groundwater using CAP water.
  2. Property Owners  - charged on property tax bill. 

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4

What are the 2 Renewable Water Sources?

2 Renewable Water Sources are -

  1. CAP - Central Arizona Project - Brings Colorado river water to urban areas (336-mile canal)
  2. CA G RD - Central Arizona Groundwater Replinish District - Replenished groundwater using CAP (Colorado River water)

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5

  1. What was adopted in 1980 and established (ADWR) AZ Dept of Water Resourses
  2. What 3 things is this code responsible for?

AZ - Groundwater Mgmt Code -

  • Adopted in 1980 
  • Established ADWR: the AZ Dept of Water Resourses (ADWR)
  1. Controls Severe Overdraft - INA's and AMA's_Overdraft
  2. Distribute Groundwater - Provide means
  3. Increases Water Available - ex: CAP_Central AZ Project

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6

AZ Groundwater Management Code Objectives:

  1. Con___ S_____ Ov_____: Over Pumpling of groundwater faster than it can be replaced by nature.
  2. Dis______ of Gr______ - Provide Means
  3. In______ W_____ - Supply in AZ - by supplemental sources like CAP - Central AZ Project (brings Colorado River Water in)

AZ Groundwater Management Code Objectives:

  1. Control Severe Overdraft: Over Pumpling of groundwater faster than it can be replaced by nature.
  2. Distribution of Groundwater - Provide Means
  3. Increase Water - Supply in AZ - by supplemental sources like CAP - Central AZ Project (brings Colorado River Water in)

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7

What type of groundwater restriction area?

  1. Threatens to Exceed Areas - Irrigation uses limited water supplies.
  2. Irrigated Acreage Restricted but specific conservation measures are not required.

 

INA's - Irrigation (Non-Expansive) Areas -

  1. Threatens to Exceed Areas - Irrigation uses limited water supplies.
  2. Irrigated Acreage Restricted but specific conservation measures are not required.

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8

What Type of Groundwater Restriction Area is the following?

  1. Areas where Excessive Overdraft (over pumping) is occuring. 
  2. Areas: Pinal, Phoenix, Prescott, Santa Cruz, and Tucson

AMA's - Active (Management) Areas -

  1. Areas where Excessive Overdraft (over pumping) is occuring. 
  2. AMA's Areas: Pinal, Maricopa County (Phoenix), Yavapai County (Prescott), Santa Cruz County, and Pima (Tucson)
  3. Rashins: Domestic (25%), Agricultural (69%), Industrial (6%)

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9

Ass____ W____ S_____ P_____

Regulates Limited Groundwater supplies to Assure Water in AMA's

Assured Water Supply Program -

Regulates Limited Groundwater supplies to Assure Water in AMA's

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10

Under the Assured Water Supply Program,

  1. Public Report Issued - inside an AMA (must obtain):
  2. Ass____ Water S____ C_______ (100 years) -     must be issued by _____ to Subdivider to get a P____ Re___.

Subdivider (Water Provider) must demonstrate:

  1. Unint_______ WaterSupply for ____yrs
  2. Fin_____ Ability - Con_____ Water D_____ System
  3. Subdivison Goals - Consistent with AMA Mgmt Goals.

Assured Water Supply Program (Rpt/Water) -

Public Report Issued - inside an AMA (must obtain):

  1. Assured Water Supply Certificate (100 years) -

must be issued by ADWR to Subdivider to get a public report.

Subdivider (Water Provider) must demonstrate:

  1. Uninterruptable WaterSupply for 100 yrs
  2. Financial Ability - Construct Water Delivery System
  3. Subdivison Goals - Consistent with AMA Mgmt Goals.

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11

Outside of an AMA

  1. What Water Supply Program is used from ADWR
  2. What ADWR Report must be provided?

ADWR's AD______ WATER SU______ PROGRAM -

  1. Ad______ W____ Rep_____ - With App from ADWR
  2. If Inadequate Water: Dis______ in Pur_____ C_____ and Ad______

ADWR's ADEQUATE WATER SUPPLY PROGRAM - (Outside)

Outside of an AMA Areas (Subdividers must provide):

With Public Report Application:

  1. Adequacy Water Report - With App from ADWR
  2. If Inadequate Water: Disclosure in Purchase Contracts and Advertising

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12

What type of wells are these?

  1. Wells used for domestic purposes, not for irrigationPump capacity of 35 gpm maximum. 
  2. Permit required from ADWR.

Exempt Wells -

  1. Wells used for domestic purposes, not for irrigation.  Pump capacity of 35 gpm maximum.
  2. Permit required from ADWR.

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13

When Property is sold with Well Rights, what form must be used?

Info Needed: names, contact info, w____ loc_____, and ass____'s p_____ n_____.

Transfer of Well Rights -

  1. Transfer Form - filed with ADWR when property sold
  • Info needed - names, contact info, well location, and assessor's parcel number.

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14

This process is used for what?

  1. Court process - to determine extent and priority of water rights (Doctrine of Prior Appropriation) in the Gila River/Little Colorado River System.
  2. Well Owner's (Claim) - must be filed to be included in court's decision.

Adjudication of Water Rights -

  1. Court process - to determine extent and priority of water rights (Doctrine of Prior Appropriation) in the Gila River/Little Colorado River System.
  2. Well Owners (Claim) - must be filed to be included in court's decision.

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15

This Code creates two types of areas for groundwater restrictions.

Arizona Groundwater Management Code

2 Groundwater Restrictions -

INA's - Irrigation Non-expansion Areas - Areas where irrigation uses threaten to exceed limited water supplies

AMA's - Active Management Areas - Areas where excessive overdraft (over pumping) occurs. AMA's in Phoenix, Pinal, Prescott, Santa Cruz, and Tucson.

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16

What type of water rights are these?

  1. Irrigation Grandfathered Rights - Land Irrigated from 19__ to 19__.
  2. Type-1 Non-Irrigation Rights - Water Re___ from Irrigation can be used for In_____ or Sub______
  3. Type-2 Non-Irrigation Rights - Based on His_____ Groundwater Pumping such as Live____ Watering, In_____, or G___ C_____. May be Sold Seperately.

Grandfathered Water Rights -

  1. Irrigation Grandfathered Rights - Land was Irrigated from 1975 to 1980.
  2. Type-1 Non-Irrigation Rights - Water Retired from Irrigation can be used for Industry or Subdivision
  3. Type-2 Non-Irrigation Rights - Based on Historical Groundwater Pumping such as Livestock Watering, Industry, or Golf Course. May be Sold Seperately.

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17

What type of Irrigation right is the following?

  1. Land must have been "IRRIGATED" from 1975 to 1980.
  2. Allows irrigation to specific acreage

Irrigation - Grandfathered Right -

  1. Land must have been "irrigated" from 1975 to 1980.
  2. Allows irrigation to specific acreage
  3. Not Sold Seperately

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18

What type of Water right is this?

  1. Water use retired from irrigation
  2. Can be used for Industry (Mfg Goods) or Subdivision.

Non-Irrigation Rights - Type 1

  1. Water use retired from irrigation
  2. Can be used for Industry (Mfg Goods) or  Subdivision.
  3. Not Sold Seperately

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19

What type of water right is this?

  1. Historical groundwater pumping for a non-irrigation use such as livestock watering, industry, or golf course.
  2. May be sold separately from land

Type 2 - Non-Irrigation Right -

  1. Historical groundwater pumping for a non-irrigation use such as livestock watering, industry, or golf course.
  2. May be sold separately from land

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20

A method of describing property boundaries using distances and compass directions from point to point.

Requires:

Point of Beginning, Distance/Direction between points, Closure must begin and end at same point

Metes and Bounds -

A method of describing property boundaries using distances and compass directions from point to point.

Requires:

Point of Beginning, Distance/Direction between points, Closure must begin and end at same point

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22

Recorded Plat Map or Lot & Block -

  1. Subdivision Map - that shows the Lo____ and Bo______ of individual parcels (platted) and is R______ with County Recorder's Office.
  2. Area Mapped - P__ M__ that ID's parcels by L__ & B____ numbers.
  3. "Sm_____ Parcels" use ths method. Most common in populated areas.

Plat - Means to make a map

Recorded Plat Map or Lot & Block -

  1. Subdivision map  - that shows the Location and Boundaries of individual parcels (platted) and is "Recorded" with County Recorder's Office.
  2. Area mapped - Plat Map ID's parcels by Lot & Block numbers.
  3. "Smallest Parcels" use ths method. Most common in populated areas

Plat - Means to make a map

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23

A method of land description based on survey lines that run north to south (up/down) and east to west (right/left)

  • Used to describe largest parcels of land.

Rectangular/Gov Survey aka PL SS - Public Land Survey System -

A method of land description based on survey lines that run north to south (up/down) and east to west (right/left)

  • Used to describe largest parcels of land.

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24

Point beginning at the intersection of Gila and Salt Rivers is for what type of survey and used for largest parcels?

Rectangular/Government Survey aka Public Land Survey System (PLSS) -

Point beginning at the intersection of Gila and Salt Rivers (Used for Largest Parcels)

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25

Which way does the baseline run?

Baseline -

Runs east to west (right/left) - horizontal

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26

Principle Meridian runs which way?

Principle Meridian -

Runs North and South (Up/down). Same as range lines

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27

Strips that run every 6 miles from Principle Meridian, North and South

Ranges (Run North and South) -

Strips that run every 6 miles from Principle Meridian, in the same direction as Principle Meridian, north and south (up/down).

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28

North and South strips from the Principle Meridian every 6 miles are called?

Range (Strips) -

North and South strips from the Principle Meridian every 6 miles.  Numbered from principle meridian (left to right)

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29

Townships -

__ miles by__ miles squared parcels, Township lines run E___ to W___, same as baseline.

Townships -

6 miles by 6 miles squared parcels, Township lines run east to west, same as baseline.

Townships - Numbered up from baseline.

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30

How many sections in a township?

Townships -

36 Sections - 1 mile by 1 mile; 640 acres each.

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31

An East-West row of townships is called?

Tier -

An East-West Row of Townships

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