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REFERENCE TITLE: adjudication; subflow wells; claim; priority |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2818 |
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Introduced by Representative Griffin
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AN ACT
amending section 45-151, Arizona Revised Statutes; amending Title 45, chapter 1, article 9, Arizona Revised Statutes, by adding sections 45‑254.01 and 45-254.02; relating to waters.
(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 and wells
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 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.
D. A WATER RIGHT IN A WELL THAT IS WITHDRAWING APPROPRIABLE SURFACE WATER PURSUANT TO section 45-254.01 SHALL BE RECOGNIZED AS IF such WATER HAD BEEN APPROPRIATED PURSUANT TO THIS ARTICLE.
Sec. 2. Title 45, chapter 1, article 9, Arizona Revised Statutes, is amended by adding sections 45-254.01 and 45-254.02, to read:
45-254.01. Appropriable surface water from well; adjudication; priority
A. Subject to section 45-254.02, in a watershed that is subject to the jurisdiction of a court pursuant to this article, a person may apply for a right to withdraw appropriable surface water from a well for beneficial use pursuant to this section if all the following apply:
1. The court has entered a final judgment delineating the boundaries of a subflow zone within the watershed.
2. The well existed in the boundaries of the subflow zone prescribed by paragraph 1 of this subsection when the court entered the final judgment establishing its boundaries.
3. The well has historically withdrawn water for any beneficial use.
4. A water right to withdraw and beneficially use appropriable surface water from the well does not exist under any other law, final judgment or final court decree.
B. The priority date of a water right prescribed by this section shall be the date that water withdrawn from the well was first put to beneficial use.
45-254.02. Subflow zone well; statement of claimant; master's report
A. A person whose well has been determined to exist in a subflow zone may file a new or amended statement of claimant and a notice of filing with the court pursuant to section 45-254, citing this section as the legal basis of the claim.
B. Within a reasonable time after the filing of a new or amended statement of claimant pursuant to this section, the Master shall do all of the following:
1. Determine whether there is clear and convincing evidence that the well that is the subject of the statement of claimant is withdrawing appropriable surface water.
2. Determine what proportion of the water withdrawn by the well is surface water.
3. Recommend water rights attributes for the well.
C. On receipt of the Master's report, the court shall enter a judgment that determines the extent of the appropriable surface water right in the well and the priority date of the water right as prescribed in section 45-254.01.