Arizona Real Estate Broker Exam — All Questions

What does A.R.S. 45-141 declare about the surface waters of Arizona?

• a.They belong to the federal government under the Enabling Act
• b.They belong to the county in which the channel lies
• c.They belong to the public and are open to appropriation✓
• d.They belong to the owner of the land the stream crosses

A.R.S. 45-141(A) provides that the waters of all sources flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, and of lakes, ponds and springs on the surface, 'belong to the public and are subject to appropriation and beneficial use.' Subsection B adds that 'beneficial use shall be the basis, measure and limit to the use of water.' Subsection C ends a right that goes unused for five successive years.

How many initial active management areas did the Arizona Groundwater Management Act establish under A.R.S. 45-411?

• a.Two
• b.Six
• c.Ten
• d.Four✓

A.R.S. 45-411(A) states that 'four initial active management areas are established on the effective date of this section' and names them: Tucson, Phoenix, Prescott and Pinal, each defined by its listed sub-basins. Those four are the initial set fixed by statute. A.R.S. 45-412 separately empowers the director to designate subsequent active management areas, so the number of areas in existence today is larger than the statutory initial four.

On what findings may the director designate a subsequent irrigation non-expansion area under A.R.S. 45-432?

• a.Insufficient groundwater for irrigation, and no need for a management area✓
• b.A petition signed by a majority of landowners in the basin
• c.Threatened water quality degradation from any groundwater use
• d.Insufficient groundwater and evidence of land subsidence or fissuring

A.R.S. 45-432(A) lets the director designate a subsequent irrigation non-expansion area only if both conditions are met: 'there is insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands in the area at the current rates of withdrawal' and 'the establishment of an active management area pursuant to section 45-412 is not necessary.' Subsidence and water quality degradation are criteria for an active management area under 45-412, not for an irrigation non-expansion area.

How many categories of grandfathered groundwater rights does A.R.S. 45-462(D) recognise?

• a.Two
• b.Five
• c.Four
• d.Three✓

A.R.S. 45-462(D) provides that 'there are three categories of grandfathered rights': non-irrigation rights associated with retired irrigated land, non-irrigation rights not associated with retired irrigated land, and irrigation grandfathered rights. The first two are commonly called type 1 and type 2 non-irrigation rights, and A.R.S. 45-476 uses that labelling in the certificate application. Grandfathered rights exist only inside an active management area.

How may the owner of an Arizona irrigation grandfathered right convey that right under A.R.S. 45-472(A)?

• a.Freely, separately from the land, to any buyer in the state
• b.Only to another irrigator within the same active management area
• c.Only with the land to which that right is appurtenant✓
• d.Only after the director cancels the certificate of right

A.R.S. 45-472(A) states that 'the owner of an irrigation grandfathered right may convey the right only with the land to which the right is appurtenant.' The right is tied to the acreage it irrigates, so it cannot be sold off on its own. The rest of the section then limits what use the right may be conveyed for, depending on whether the land lies inside or outside the service area of a city, town or private water company.