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AZ HB2124
Bill
Status
4/30/2024
Primary Sponsor
Austin Smith
Click for details
AI Summary
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Expands the definition of "agricultural operations" in Arizona law to explicitly include any water use by owners, lessees, agents, contractors, and suppliers on facilities producing crops, livestock, poultry, or products, or conducting agritourism activities.
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Provides presumption that agricultural operations on farmland following good agricultural practices and established before surrounding non-agricultural uses are reasonable and do not constitute a nuisance unless they have a substantial adverse effect on public health and safety.
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Requires courts to award reasonable costs and attorney fees to the prevailing party in nuisance actions against agricultural operations, including an additional requirement to award fees if an action was filed to take or reduce water used by the agricultural operation.
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Prohibits cities, towns, counties, and other political subdivisions from declaring lawful, customary, reasonable, safe agricultural operations as nuisances based on practices determined appropriate by the agricultural best management practices committee, Arizona Department of Agriculture, or Department of Environmental Quality.
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Removes reference to "the attorney general" from authority to bring public nuisance abatement actions, limiting standing to county and city attorneys.
Legislative Description
Agricultural operations; water; protection; definition
Water
Last Action
Governor Vetoed
4/30/2024