ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	House: NREW DPA 7-5-0-1-0-0

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HB 2672: water rights

Sponsor:  Representative Griffin, LD 14

Caucus & COW

Overview

Prohibits a person, the state or its political subdivisions with a better right to appropriate water from preventing the exercise of a junior water right unless doing so would produce water for beneficial use for the better right holder.

History

Waters in Arizona belong to the public and are subject to appropriation. A person, the state, or its political subdivisions can appropriate unappropriated waters for a variety of uses, including irrigation, water power, wildlife or delivery to consumers. The entity first appropriating the water has the better right. With certain exceptions, when a water right owner ceases or does not use the water for five successive years, the right ceases and the water reverts to the public and is again subject to prior appropriation.

Beneficial use is the basis, measure and limit of any appropriated water right. To achieve beneficial use, an entity can build and maintain reservoirs, storage facilities, dams, canals, ditches, flumes and other necessary waterways. Any entity intending to beneficially use water must apply to the Arizona Department of Water Resources for a permit to appropriate the water (A.R.S. §§ 45-141, 45-151, and 45-152).

Provisions

1. Prohibits a person, the state or its political subdivisions with a better right to appropriate water from prevent the exercise of a junior water right unless preventing that exercise would produce water for beneficial use for the better right holder.

2. Makes technical changes.

Amendments

Committee on Natural Resources, Energy & Water

1. Allows a junior user to prevent curtailment of their water rights by demonstrating that curtailment would not produce water for beneficial use for the better right holder.

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Initials PAB                 Caucus & COW

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