Arizona Water Law, Environmental Law and Land Development
Arizona water law is a real, separately weighted area of this exam at 5 of the 177 counted items, and it sits next to environmental law (6) and land development (4). Answer these from the statutes; this is the part of the syllabus where plausible-sounding invention does the most damage.
Surface water and groundwater
A.R.S. 45-141 declares the waters of streams, lakes, ponds and springs to belong to the public and to be subject to appropriation, with beneficial use as the basis, measure and limit of the right, and ends a right unused for five successive years. The 1980 Groundwater Management Act established four initial active management areas by statute (Tucson, Phoenix, Prescott and Pinal), and A.R.S. 45-412 lets the director designate more, so the number in existence today exceeds the statutory initial four. An irrigation non-expansion area may be designated only where groundwater is insufficient for irrigation and an active management area is not necessary (A.R.S. 45-432).
Grandfathered rights and the water supply rules
Inside an active management area there are three categories of grandfathered right: non-irrigation associated with retired irrigated land, non-irrigation not so associated, and irrigation (A.R.S. 45-462(D)). An irrigation grandfathered right may be conveyed only with the land to which it is appurtenant (A.R.S. 45-472(A)). Inside an active management area a subdivider needs a certificate of assured water supply, or a written commitment from a designated provider, before the plat is approved and before the notice of intention is filed with the commissioner (A.R.S. 45-576). Outside those areas, A.R.S. 45-108 applies the different adequate water supply evaluation.
Environmental due diligence and development
The Department of Environmental Quality administers Title 49, including on-site wastewater treatment facilities. A Phase I environmental site assessment identifies recognised environmental conditions and is the route to the federal all appropriate inquiries defences, which matters because a current owner can be liable under Superfund for contamination it did not cause. Pre-1978 dwellings carry the federal lead-based paint disclosure and inspection opportunity. A.R.S. 32-2117 requires the Department of Real Estate to publish the Arizona geological survey's earth fissure maps, and gives a subdivider, owner or licensee immunity where written disclosure of the map and website is given.
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State-specific details
State exam facts
- State regulator
- Arizona Department of Real Estate (ADRE)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 90 hours of ADRE-approved broker education
- Passing score
- 75%
- Scored questions
- 180
- Time limit
- 315 minutes
Who regulates real estate brokers in Arizona?
The Arizona Department of Real Estate (ADRE) licenses brokers and salespersons. ADRE contracts with Pearson VUE to deliver the licensing exams.
What experience do I need before the Arizona broker exam?
A.R.S. § 32-2124(A)(1) requires an original broker applicant to have been an active licensed real estate salesperson or broker for at least three years during the five years immediately preceding application — the statute counts active licensure, not hours worked, so there is no full-time test. The applicant must also complete a 90-classroom-hour broker course at a commissioner-certified school and pass an examination on it (§ 32-2124(C)); the 27-hour Arizona-specific portion of that course cannot be waived. Under § 32-2136 a broker management clinic consists of three courses of three hours each, and an original broker license applicant must attend one before activating the license.
How is the Arizona broker exam structured?
The Arizona broker exam is administered by Pearson VUE with 180 scored questions (plus 15 unscored pretest items) over about 5 hours 15 minutes, and a score of 75% or higher is required to pass.
Sources: https://azre.gov, https://www.pearsonvue.com/us/en/az/realestate.html
In the Arizona Real Estate Broker guide: A 60-question practice exam on the national principles, with a key that explains all four options and not just the right one. Practice here stays free.