Arizona Water Laws
The State of Arizona recognizes surface water, ground water, and effluent water. Unlike midwestern and east coast states, Arizona must regulate the water because Arizona's average rainfall varies greatly by region, but the statewide average is around 12 to 14 inches annually, with deserts getting as little as 3-4 inches (like Phoenix/Yuma) and higher elevations receiving 25+ inches, often split between a winter rainy season and summer monsoons. The 17th Amendment of the Arizona State Constitution does not allow for Riparian water law which is a legal framework where water rights are tied directly to the ownership of land adjacent to a watercourse, such as a river, stream, lake, or pond.
Surface Water
Arizona surface water rights are governed by the Doctrine of Prior Appropriation, often summarized as "first in time, first in right". Under this system, the first person to divert water and put it to a "beneficial use" (such as irrigation, mining, or municipal use) holds a senior right that must be satisfied before anyone with a later, or junior, right can use water from that same source.
Key Principles of Surface Water Rights
- Beneficial Use: All water rights must be based on beneficial use, which includes domestic, municipal, irrigation, stock watering, recreation, and mining.
- Appurtenant to Land: Rights are typically tied (appurtenant) to the specific parcel of land where the water is used and are transferred with the land during a sale.
- "Use It or Lose It": If a water right is not used for five or more consecutive years, it can be subject to forfeiture or abandonment and may revert back to the state.
- Subflow: Water pumped from wells that is hydrologically connected to surface streams is legally treated as surface water (subflow) and requires a surface water right.
Ground Water
In Arizona, well water rights are governed primarily by the 1980 Groundwater Management Act, which distinguishes between strictly regulated Active Management Areas, Irrigation Non-Expansive Areas and more flexible rural regions.
1. Types of Wells & Basic Rights
- Exempt Wells: These are small domestic wells with a maximum pump capacity of 35 gallons per minute (gpm). They are generally used for household needs and small-scale non-commercial irrigation (under two acres). While they must be registered with the Arizona Department of Water Resources (ADWR), they are subject to fewer restrictions than larger wells.
- Non-Exempt Wells: These wells pump more than 35 gpm. To operate these in regulated areas, owners must hold specific permits or "grandfathered rights".
- Ownership vs. Right to Use: The Arizona Supreme Court has ruled that landowners do not own the water beneath their property; instead, they have the right to withdraw it for beneficial use.
Adudication
Recently Kathy Howe attended a presentaton of the Gila River Adjudication issues. The video is the entire presentation. From basic explanations by Susan Montgomery, JD, to the explanations by Special Water Master, Sherri Zendri, who will determine the priority of the Statememts of Claimants (SOCs), to additional information from ADWR, this video is worth the watch.
Colorado River
The Kyl Center for Water Policy at Arizona State University is an excellent site for new water information.
To find out more about the AZ legislative agenda as it involves water bills, click here.
The CAP brings the Colorado River across the state.