Title 37 — Public Lands

In this chapter, unless the context otherwise requires: 1. "Arizona navigable stream adjudication commission" or "commission" means the Arizona navigable stream adjudication commission established by section 37-1121. 2. "Bed" means the land lying between the ordinary high waterma…

In all activities and proceedings under this chapter, the commissioner shall: 1. Act as an advocate for the public trust. 2. Act diligently to promote trust interests. 3. Challenge or defend commission decisions as the commissioner considers necessary to protect trust interests.…

A. The Arizona navigable stream adjudication commission is established through June 30, 2028 as a separate agency and independent of the state land department. The commission consists of five persons, not more than three of whom are from the same political party, who are appointe…

A. The commission shall: 1. Adopt administrative rules that in its discretion it considers to be necessary and proper to carry out the provisions and purposes of this chapter. 2. Assemble and distribute information to the public relating to the commission's determination of navig…

A. The commission shall receive, review and consider all relevant historical and other evidence presented to the commission by the state land department and by other persons regarding the navigability or nonnavigability of watercourses in this state as of February 14, 1912, toget…

A. Beginning on or about the date that the commission establishes priorities pursuant to section 37-1123, subsection E, but in no event later than January 2, 1993, the department shall begin the necessary investigation and inquiries to assemble the evidence relevant to finding na…

A. The commission shall schedule public hearings to receive additional evidence and testimony relating to navigability or nonnavigability of each watercourse, and, if the commission finds a watercourse is navigable, the commission shall schedule public hearings to identify and ma…

A. After the commission completes the public hearing with respect to a watercourse, the commission shall again review all available evidence and render its determination as to whether the particular watercourse was navigable as of February 14, 1912. If the preponderance of the ev…

A. Beginning on the date the commission issues a determination under section 37-1128, subsection A and continuing through ninety days after the department issues a notice under either section 37-1128, subsection D, paragraph 1 or 2, the state land commissioner or any person who i…

A. Subject to judicial review under section 37-1129, the commission’s determination that a watercourse is nonnavigable constitutes a waiver, relinquishment and disclaimer of this state's right, title or interest in the bed of the watercourse based on its navigability. B. This sta…

A. If the commission determines a watercourse to be navigable as provided in section 37-1128, the state land department shall do the following before it files any quiet title action regarding public trust property beneath or adjacent to the watercourse: 1. Collect information and…

A. If this state's ownership of a parcel or portion of a parcel of property is confirmed in a quiet title action under this article, the state treasurer shall pay to the record title owner an amount from the state general fund to: 1. Refund all property taxes ever paid on the pro…

A. In responding to a petition filed by a record title owner or lessee pursuant to section 37-1128, subsection D, paragraph 1 the department shall consider the extent to which the property that has been confirmed to the state's ownership in a quiet title action, either because of…

A. If the department determines that any portion or reach of a bed of a navigable watercourse may be released from the public trust, the department shall cause an appraisal of the property to be made to determine its fair market value. The property shall not be disposed of for an…

A. On application, the department may permit the use of public trust lands by a public entity or private person or entity if the department determines that such use will be consistent with, and in the best interests of, the public trust. The use may continue only as long as the l…

A. A determination that a watercourse is navigable does not affect the right of a public entity to own, operate, maintain or repair a public improvement reasonably constructed in the bed of the watercourse under the public entity's powers if the improvement was constructed before…

This state shall not claim compensation for any good faith use of public trust lands made before September 10, 1991 by the record owner or the record owner's lessee if all of the following conditions apply: 1. The landowner had record title to the land at the time of the use. 2. …

A. The riparian trust fund is established consisting of monies received from the sale or use of sovereign streambed lands and resources under this chapter, damages collected from the United States pursuant to section 37-1131 and any other appropriations, gifts, grants or donation…