Ariz. Admin. Code § R12-5-705 - Grazing Leases

A. Definitions. Unless the context otherwise requires, the words hereinafter defined shall have the following meaning when found in these rules, to wit:

1. "Grazing lands" means lands which can be used only for the ranging of animals.

2. "Carrying capacity" or "average annual carrying capacity" means the average number of animal units which can be supported by

a section of grazing land with due consideration for sustained production of the forage consistent with conservative range management.

3. "A section of land" for appraisal of carrying capacity purposes means an area of land consisting of 640 acres.

4. "Animal unit" means one weaned beef animal over six months of age, or one horse, five goats, or five sheep, or the equivalent thereof.

5. "Average market price of cattle" means the average price by the hundredweight received during the calendar year under consideration by producers of cattle, exclusive of calves, in the states of Arizona, New Mexico, California, Utah, Nevada, Colorado, Wyoming, Montana, Idaho, Washington and Oregon, as determined by the Bureau of Agricultural Economics, United States Department of Agriculture, and, if that service is not available, from such sources as the Commissioner determines best to establish said price.

Definitions. In this section, terms used herein shall have the meanings as defined in A.R.S. § 37-101 and § 37-285 and as below:

1. "Average market price of cattle" means the average price by hundredweight received during the calendar year under consideration by producers of cattle, exclusive of calves, in the states of Arizona, New Mexico, California, Utah, Nevada, Colorado, Wyoming, Montana, Idaho, Washington, and Oregon, as determined by the United States Department of Agriculture, and, if that service is not available, from such sources as the Department determines best to establish said price.

2. "Carrying capacity" means the average number of animal units which can be supported by a section of grazing land with due consideration for sustained production of the forage consistent with conservative range management.

B. Applications for grazing lease renewals. Application for renewal of an existing grazing lease may include an entire ranch unit or any part thereof.

C. Land subject to grazing lease; term of lease. It is the policy of the Department not to offer open land for lease within an established ranch unit without first offering said land to the owner or the person having control of the land in the ranch unit. There is no limit to the amount of grazing land that may be leased to any person.

D. Rental rates of grazing land; appraisal. In accordance with A.R.S. § 37-285(A), no grazing lease shall provide for a rental of less than the appraised rate of the land, and in no event less than 5¢ per acre per annum, or a minimum of $2.50 per annum per lease, said minimum of $2.50 per annum per lease applying to one section or portion thereof.

E. Rights of the Department to issue non-grazing leases for leased grazing land. All grazing leases granted by the Department are only a non-exclusive right to graze livestock and to use the land in a manner compatible with the terms of the lease. The Department may grant instruments for uses other than grazing on leased grazing land or for the removal of natural products therefrom. A grazing lessee shall not issue to any person any rights to use of leased grazing land or to remove any products therefrom.

F. Cultivation and growing of crops on grazing land. A grazing lessee may not grow crops commercially under the provisions of a grazing lease.

G. Cutting of timber, standing trees or posts.

1. A grazing lessee shall not cut or waste, nor allow to be cut or wasted, any timber or standing trees growing on the leased land without the written consent of the Department, except for fuel for domestic uses or for the necessary improvements upon the land; provided, however, that nothing herein contained shall be construed to permit the cutting of saw timber for any purpose.

2. Posts cut primarily from cedar, mesquite and juniper trees may be used for the construction and use of improvements by a grazing lessee upon State Trust Land without cost, with the prior written consent of the Department; however, such posts may not be used on non-leased land without payment by the grazing lessee to the Department.

3. When applicable, a grazing lessee must file an affidavit with the Department indicating the number of posts cut, the number used for improvement on the leased land, and the number used elsewhere or stockpiled for future use. At the time approval to cut posts is granted by the Department, the Department will determine the price, which will be comparable to the price of posts from the United States Forest Service. The price will then be payable at the time the affidavit indicating the number of posts cut is filed with the Department.

4. The Department may visit a grazing lessee at any time to inspect the number of posts cut.

5. If a grazing lessee does not desire to purchase the trees as above provided, the Department may sell the trees. A purchases other than a grazing lessee shall not injure the lessee's surface rights and improvements or interfere with the lessee's use of the leased land, and a purchaser may be required to file a surety bond with the Department in such amount and under such conditions as to indemnify the lessee for any damage which may result due to the removal of the trees.

H. Use of state land. No lessee or permittee shall use land under a grazing lease or permit except for grazing purposes.

I. Posting to prohibit hunting and fishing on leased grazing land. A grazing lessee may not post signage on leased grazing land to prohibit hunting and fishing without the consent of the Arizona Game and Fish Commission.

J. Sublease or pasturage agreement. No grazing lessee shall sublet his lease, sell or lease pasturage of lands embraced in his lease without the written permission of the Commissioner. Approval of a sublease or pasturage agreement may be granted at the discretion of the Commissioner and shall be obtained by the lessee submitting for approval of the Commissioner the sublease or pasturage agreement executed in triplicate. Upon the approval by the Commissioner, two copies of the sublease or pasturage agreement, with the Commissioner's approval and any limitations to such approval endorsed by the Commissioner thereon, will be returned to the lessee, one copy thereof being retained in the files of the Department.

K. Carrying capacity and application to exceed the same. No grazing lessee, sublessee or users under a pasturage agreement shall graze, without permission of the Commissioner, in excess of 110% of the carrying capacity as previously determined by the Commissioner upon state lands under lease within the exterior boundaries of any one ranch unit or units in the same general locality jointly operated. Approval to exceed the carrying capacity may be obtained by submitting a written request therefor. The request should contain the number of head of animals the lessee, sublessee or user desires to place upon the leased lands in excess of 110% of the carrying capacity, together with a statement as to how long the additional animals will remain upon the leased lands. If the Commissioner approves said request, the lessee, sublessee or user will be notified of such approval of increase in the carrying capacity and the period granted therefor. In the event of the approval of any such excess the Commissioner shall assess and collect the rental for such excess as provided by law and these rules and regulations.

L. Cultivation and growing of crops on grazing land. State land under grazing lease is limited to the ranging of animals only and may be cultivated and crops grown thereon only with the approval of the Commissioner. Upon approval of the Commissioner the land may be cultivated and crops grown thereon provided such crops are forage crops in nature that are pastured by animals or, if severed from the land, are fed to animals upon the ranch unit. Under no circumstances may the lessee grow crops commercially under the provisions of a grazing lease. In the event any crops are grown with the approval of the Commissioner which will be pastured or removed from the land for use at other times of the year upon the ranch unit, the carrying capacity will be adjusted in accordance with the forage crops grown.

M. Cutting of timber, standing trees or posts. The lessee shall not cut or waste, nor allow to be cut or wasted, any timber or standing trees growing on the leased land without the written consent of the Commissioner, except for fuel for domestic uses or for the necessary improvements upon the land; provided, however, that nothing herein contained shall be construed to permit the cutting of saw timber for any purpose except with the written consent of the Commissioner. Posts cut primarily from cedar, mesquite and juniper trees may be used for the erection and use of improvements by the lessee upon state lands without cost, provided the written consent of the Commissioner is first obtained. Such posts may not be used on other than state lands without payment therefor. The lessee is required to file an affidavit with the Department indicating the number of posts cut, the number used for improvement of state land and the number used on other than state lands or stockpiled for future use. At the time approval to cut posts is granted by the Commissioner, the price will be determined by him, which will be comparable to the price of posts from the United States Forest Service, and the price will be payable at the time the affidavit indicating the number of posts cut is filed with the Department. The Commissioner, or his representative, upon the granting of approval to cut posts, will from time to time visit the lessee to determine the number of posts cut. The Commissioner recognizes that the removal of cedars, mesquite and juniper trees from grazing lands is a conservation measure that will maintain or increase the range carrying capacity and that the removal of these trees in most cases would benefit state lands.

N. Application to assign lease. Applications to assign and application for assumption of lease and transfer shall be made upon Land Division form No. A-13-1 and in accordance with the general rules and regulations relating to the leasing of state lands. Upon approval of the application, the assignment of the lease will be made by the Commissioner upon the lease where indicated and made of record in the Department.

O. Use of state lands; failure to use. No lessee or permittee shall use lands under lease or permit to him except for grazing purposes unless authorized by the Commissioner in writing. Applications for a special use of lands under permit or lease to a lessee or permittee for purposes other than grazing shall be made in writing in triplicate, and shall state in detail the reasons for such use. The application shall be signed and verified as provided for in applications to lease. Upon approval of the application by the Commissioner, two copies of the application with the Commissioner's approval and any limitations to such approval endorsed by the Commissioner thereon will be returned by the Commissioner to the lessee, one copy thereof being retained in the files of the Department. Failure of any lessee or permittee to use the land for the purposes for which he holds a lease or permit, without having been authorized so to do by the Commissioner in writing, may, in the discretion of the Commissioner, subject said lease or permit to forfeiture or to cancellation as provided by law and these rules and regulations.

P. Posting to prohibit hunting and fishing on state land. State land under lease or permit may not be posted to prohibit hunting and fishing without the consent of the Arizona Game and Fish Commission.

Notes

Ariz. Admin. Code § R12-5-705

Original rule, Art. II, Subchapter B, Ch. II (Supp. 76-4). Amended effective September 26, 1978 (Supp. 78-5). Section R12-5-705 renumbered from Section R12-5-154 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.