ARIZONA HOUSE OF REPRESENTATIVES

HB 2475: water use; criminal penalty; wells

PRIME SPONSOR: Representative Bowers, LD 25

BILL STATUS: Senate Engrossed

Senate 3^rd Read: 17-13-0-0

Overview

Exempts a person from a class 2 misdemeanor for taking water that is entitled to another person through a registered well, including the subflow of a river or stream.

History

Statute deems it a class 2 misdemeanor to:

1. Knowingly and without authority open, close, change or interfere with a lawfully established head gate, measuring device or water box;

2. Knowingly use water lawfully denied by the water superintendent or other competent authority;

3. Without authority use water that is entitled to another person;

4. Without authority divert water from a stream;

5. Knowingly waste water to the detriment of another;

6. Divert a stream to the injury or threatened injury of the lands of another;

7. Use, store or divert water without the issuance of a permit; or

8. Place or maintain an obstruction interfering with the use of works, when an appropriator of water has the lawful right of way for the storage, diversion or carriage of such water (A.R.S. § 45-112).

Provisions

1. Exempts a person from being guilty of a class 2 misdemeanor if the person takes water that is entitled to another person through a registered well, including the subflow of a river or stream.  (Sec. 1)

2. Makes technical changes. (Sec. 1)

Senate Amendments

· Specifies that the person must not have knowledge that the water is subflow.

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· Fifty-fourth Legislature                       HB 2475

· First Regular Session                            Version 4: Senate Engrossed

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