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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
water use; criminal penalty; wells
Purpose
Exempts a person who takes a water through a registered well from the criminal penalty for using water entitled to another person.
Background
Surface water, which includes water flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, belongs to the public and is subject to appropriation and beneficial use (A.R.S. §§ 45-101 and 45-141). Unappropriated water may be appropriated for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, nonrecoverable water storage or mining uses, or for delivery to consumers. Statute allows the transfer of water rights, under certain conditions (A.R.S. §§ 45-151 and 45-172).
Under current statute, a person is guilty of a class 2 misdemeanor if the person uses water entitled to another person without authority (A.R.S. § 45-112).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts, from the class 2 misdemeanor for using water entitled to another person without authority, a person who takes water through a registered well, including the subflow of a river or stream.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
NREW 2/19/19 DP 8-4-0-1
3rd Read 3/4/19 31-28-1
Prepared by Senate Research
March 19, 2019
KN/gs