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.

Notes

Ariz. Admin. Code § R12-5-101

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.