|
House Engrossed |
|
State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
|
|
HOUSE BILL 2672 |
|
|
|
|
AN ACT
amending section 45-151, Arizona Revised Statutes; relating to appropriation of water.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-151, Arizona Revised Statutes, is amended to read:
45-151. Right of appropriation; permitted uses; water rights in stockponds; futile call
A. Any person, the this state of Arizona or a political subdivision thereof of this state may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45‑833.01 or mining uses, for his personal use or for delivery to consumers. The person, the this state of Arizona or a political subdivision thereof of this state first appropriating the water shall have the better right.
B. To effect the beneficial use, the person, the this state of Arizona or a political subdivision thereof of this state appropriating the water may construct and maintain reservoirs, storage facilities pursuant to chapter 3.1 of this title, dams, canals, ditches, flumes and other necessary waterways.
C. A person, this state or a political subdivision of this state with a right to appropriate water may PREVENT the CURTAILMENT of that right by a better right holder by demonstrating that curtailment would not produce water for beneficial use for the better right holder.
C. D. A water right in a stockpond, certified pursuant to article 10 of this chapter, shall be recognized as if such water had been appropriated pursuant to this article.