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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
property disclosure affidavit; adjudication claim
Purpose
Requires the affidavit of disclosure for sale of land (affidavit) to include whether a property or the water used on a property is the subject of a lawsuit in an adjudication of water rights.
Background
A seller of five or fewer parcels of non-subdivided land in an unincorporated area of a county must furnish an affidavit to the buyer at least seven days before the transfer of property. The affidavit must include: 1) a legal description of the real property being sold; 2) if the roads are maintained; 3) if the property is located in a Federal Emergency Management Agency-designated regulatory floodplain; 4) a list of services currently provided to the property; 5) if the property meets minimum applicable county zoning requirements; 6) if the property is located under military restricted airspace or a military electronics range; and 7) a notarized certification under penalty of perjury that the information provided is true, complete and correct (A.R.S. § 33-422).
Arizona's surface water rights are governed by the doctrine of prior appropriation, which means the water rights of the first person to put the water to beneficial use are senior to water rights that were appropriated later (Clough v. Wing, 2 Ariz. 371 (1888)).
If water rights have not been previously adjudicated, one or more water users, or Arizona upon request of a state agency, may file a petition to determine, in a general adjudication, the nature, extent and relative priority of the water rights of all persons in a river system and source (A.R.S. § 45-252). General adjudication means any action for the judicial determination or establishment of the extent and priority of the rights of all persons to use water in any river system and source (A.R.S. § 45-251).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the affidavit to include:
The property or the water used on the property □ is □ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights □ unknown.
This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the Department of Water Resources.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes technical changes to the affidavit.
House Action Senate Action
LAG 2/14/19 DP 7-0-0-0 COM 3/14/19 DPA 7-0-1
3rd Read 2/26/19 31-29-0
Prepared by Senate Research
March 14, 2019
MG/AA/gs