45-542. Transportation between sub-basins or away from an active management area; irrigation grandfathered right; type 1 non-irrigation grandfathered right

A. Groundwater which is withdrawn pursuant to an irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area, subject to the limitations on location of use in section 45-472.

B. Groundwater which is withdrawn pursuant to a type 1 non-irrigation grandfathered right may be transported between sub-basins of an active management area or away from an active management area, subject to the limitations on location of use in section 45-473, except that groundwater withdrawn pursuant to a type 1 non-irrigation grandfathered right may be transported away from an initial active management area only pursuant to any of the following:

1. A type 1 non-irrigation grandfathered right acquired under section 45-463 and appurtenant to land in the Tucson active management area, if the groundwater is used for the extraction or processing of minerals in an adjacent active management area or groundwater basin.

2. Section 45-469, subsection I.

C. Transportations of groundwater pursuant to this section are not subject to payment of damages if the amount transported does not exceed three acre-feet per acre per year withdrawn from retired irrigated land. Transportations of groundwater pursuant to an irrigation grandfathered right in excess of three acre-feet per acre per year withdrawn from retired irrigated land are subject to payment of damages.