ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: NREW DPA 7-5-0-1-0-0

HB 2672: water rights

Sponsor:  Representative Griffin, LD 14

House Engrossed

Overview

Allows a junior user to prevent a better right holder from curtailing their water rights by demonstrating that curtailment would not 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.    Allows a person, the state or its political subdivisions to prevent a better right holder from curtailing their water rights by demonstrating that curtailment would not produce water for beneficial use for the better right holder.

2.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical and conforming changes.

 

 

 

---------- DOCUMENT FOOTER ---------

Initials PAB                 House Engrossed

 

---------- DOCUMENT FOOTER ---------