Ariz. Admin. Code § 12-5-705

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-5-705 - Grazing Leases

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.

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 R12-5-705renumbered from Section R12-5-154 (Supp. 93-3). Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.