Title 45 — Waters

A. When it appears to the satisfaction of the director that an appropriation has been perfected and a beneficial use completed in accordance with the provisions of this article, the director shall issue to the applicant a certificate signed by the director and attested by the sea…

Applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter may be assigned.

A. The director shall establish and maintain a registry of applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter. B. A person who has filed an application or a statement o…

Except as provided by article 11 of this chapter, an application for appropriation of water shall not be denied because the point of diversion of water described in the application or any portion of the works to be constructed for the purpose of storing, diverting or distributing…

A. The consumptive use of up to thirty-four thousand one hundred acre feet of water per year chargeable to the water apportioned to the state of Arizona under the provisions of article III, section (a) (1) of the upper Colorado river basin compact (act of April 6, 1949; 63 Stat. …

Nothing in this chapter shall impair vested rights to the use of water, affect relative priorities to the use of water determined by a judgment or decree of a court, or impair the right to acquire property by the exercise of the right of eminent domain when conferred by law. The …

A. A water right may be severed from the land to which it is appurtenant or from the site of its use if for other than irrigation purposes and with the consent and approval of the owner of such right may be transferred for use for irrigation of agricultural lands or for municipal…

1. The irrigated acres were damaged by floodwaters after being irrigated. 2. It is not economically feasible to restore the flood damaged acres to irrigation use. B. The substitution of acres as prescribed in this section does not affect the person's existing or vested rights to …

1. A limiting condition associated with the acres to be retired from irrigation substantially impedes implementing efficient irrigation practices on the irrigated acres. 2. The substitution of acres will substantially reduce the limiting condition and will substantially facilitat…

A. Although the waters which naturally flow in the natural channel of a stream have been previously appropriated and put to beneficial use by others, the channel may be used to carry water of another or used for the location of an underground storage facility pursuant to chapter …

When the owner of a reservoir desires to use the bed of a stream or other watercourse for the purpose of carrying water from the reservoir to the consumer, he shall in writing notify the water superintendent of the district in which the water is to be used, giving the date when i…

During years when a scarcity of water exists, owners of lands shall have preference to the water for irrigation according to the dates of their appropriation or their occupation of the lands, either by themselves or their grantors. The oldest titles shall have precedence.

In this article, unless the context otherwise requires: 1. "Beneficial use" includes but is not limited to use for domestic, municipal, recreation, wildlife, including fish, agricultural, mining, stockwatering and power purposes. 2. "Person" means any individual, partnership, ass…

A. Except as provided by subsections B and E of this section, all persons who before March 17, 1995 were using and claiming the right to withdraw or divert and make beneficial use of public waters of the state based on state law shall file not later than ninety days before the da…

A. The statement of claim for each water right shall include the following: 1. The name and mailing address of the person filing the claim. 2. The name of the watercourse or water source from which the right to divert or make use of water is claimed. 3. The quantities of water an…

Any person who is claiming the right to divert or withdraw public waters of the state based on state law and who fails to file a statement of claim as provided in this article shall have waived and relinquished any right, title or interest in that right.

A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use of waters as between the person and the state, or as between one or more persons asserting the water right, and the date of filing under this article …

All claims set forth pursuant to this article shall be filed in a water rights claims registry in such a manner as deemed appropriate by the director.

No rights to the use of public waters of the state may be acquired by adverse use or adverse possession as between the person and the state, or as between one or more persons asserting the water right, but nothing contained herein shall be deemed to diminish or enhance the validi…

A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation and evidenced by a certificate of water right issued under article 5 of this chapter, a court decree, or previous possession or continued beneficial use and who intentionally a…

A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion of the water right for a period of five or more consecutive years, and it appears that the right has or may have reverted to the state because of such nonuse, …

1. The name and address of the person who is entitled to the use of water that is included in the water conservation plan. 2. A description of all water rights and claims that the person who is entitled to use those water rights and claims is including in the water conservation p…

The filing of a statement of claim pursuant to this article which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed constitutes a class 3 misdemeanor.

An owner of arable and irrigable lands may construct public or private canals for carrying water and, when the canal necessarily runs through the lands of another, the right of way therefor through such lands may be acquired by condemnation under eminent domain.

A fence may be opened without consent of the owner in order to repair a public water ditch when it is necessary to use a team or vehicle to repair the ditch. On completion of the repair the fence shall be closed by the party opening it, and left as nearly as possible in the condi…

A. The owner of a ditch or canal shall maintain at the point where the water is diverted a substantial head gate so constructed that it can be locked and kept closed by the water superintendent. An owner, when required by the director of water resources, shall construct and maint…

A person owning or controlling a canal, flume or other means for carrying water from a stream or water supply to lands for irrigation of the lands, shall not contract to carry more water than the canal, flume or other means is estimated to carry at any one time, whether the contr…

A. When a person owning or controlling a canal, flume or other means for carrying water permits them, or the head gates at the dam or other appliances for securing the water at the head, to become disrepaired or reduced in capacity to an extent that they will not carry the amount…

A. A person owning an interest in common with another person in a lateral ditch constructed and used for irrigating, mining, milling or other useful and lawful purpose, may widen, deepen, border up or extend the lateral ditch by paying to his associates, and to the owner of the l…

In this article, unless the context otherwise requires: 1. "Domestic use" means a single appropriative water right serving a residence, or multiple residences up to a maximum of three residential connections, for household purposes with associated irrigation of lawns, gardens or …

A. One or more water users on a river system and source, the water rights of which have not been previously adjudicated under this article and administered by the director of water resources, or this state on the request of any state agency other than the department of water reso…

A. Personal service of the summons and petition shall not be required. The court shall order that: 1. The clerk of the court issue the summons which shall specify the date by which the statement of claimant must be filed, generally describe the nature of the general adjudication …

A. Each potential claimant who is served shall present in writing the particulars of his claim on the court-approved statement of claimant form and shall file the statement of claimant form with the court within ninety days of the date of service, unless otherwise ordered by the …

A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil procedure to report on legal and factual issues designated under a specific order of reference. B. A master's compensation and other expenses relat…

A. The court or the master shall request technical assistance from the director in all aspects of the general adjudication with respect to which the director possesses hydrological or other expertise. In rendering such technical assistance, the director shall expeditiously: 1. Id…

A. The master shall: 1. After due notice, conduct such hearings and take such testimony as shall be necessary to determine the relative water rights of each claimant. The determination of water rights of all small water use claims in any specific subwatershed shall be deferred un…

The general adjudication is governed in all respects by the Arizona rules of evidence, the Arizona rules of civil procedure and any other procedural rules generally applicable to civil proceedings, except that the specific provisions of this article govern if they conflict with t…

A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253, subsection A, paragraphs 1 and 2, and all reimbursements to the director pursuant to section 45-253, subsection A, p…

A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned, the director, the master and the court shall apply the following evidentiary rules in determining the attributes of water rights claimed pursuant…

State law, including all defenses available under state law, applies to the adjudication of all water rights initiated or perfected pursuant to state law.

A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall consist of three members of the senate appointed by the president of the senate, not more than two of whom shall be members of…

In this article, unless the context otherwise requires, "stockpond" means a pond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife. "Stockpond" shall not include a pond of any capacity used primarily for fishing or for the…

A. The owner of any stockpond constructed after June 12, 1919 and prior to August 27, 1977, the capacity of which is not in excess of fifteen acre-feet and concerning which water rights litigation or protest to the state land department was not a matter of record prior to August …

A. A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and filed in duplicate with the director upon a printed form furnished by the director. Each blank in the form shall be completed with the requ…

A. The director shall issue and deliver a notice of each claim to water users who, in the judgment of the director, might be affected by the use of water as set forth in the claim. B. Any person affected may, within the time allowed in the notice or such further time as the direc…

A. Upon receipt of a claim, the director shall conduct such investigation as in the director's judgment is necessary to certify the water right. Such investigation may include an inspection of the stockpond. B. When requested by a claimant or the protesting party, an administrati…

A. Once every five years, and at such other times as the director deems appropriate, the director shall require certificate holders to furnish a statement, under penalty of perjury, that the stockpond water is continuing to be used solely for watering livestock or wildlife, that …

In this article, unless the context otherwise requires, "person" means an individual, public or private corporation, company, partnership, firm, association, society, estate, trust, any other private organization or enterprise, the United States, any state, territory or country o…

A. A person may withdraw, or divert, and transport water from this state for a reasonable and beneficial use in another state if approved by the director pursuant to this article. A person shall not transport water from this state unless approved by the director, but this article…

A. The director shall monitor compliance with the terms and conditions prescribed for transporting and using the water out of this state and shall revoke his approval for any material violation of the prescribed terms and conditions. B. A person transporting water under this arti…