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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
House: NREW DPA 8-5-0-0-0-0 |
HB 2818: adjudication; subflow wells; claim; priority
Sponsor: Representative Griffin, LD 14
Caucus & COW
Overview
Allows someone to apply for a right to withdraw appropriable surface water for beneficial use from a well within a watershed's subflow zone if certain criteria are met and that person files a new or amended statement of claim.
History
All surface waters in Arizona are public and subject to appropriation, and beneficial use is the basis, measure and limit for using these waters (A.R.S. § 45-141). Someone can appropriate unappropriated surface waters for domestic, municipal, irrigation, stock watering, water power, recreational, wildlife, nonrecoverable water storage or mining uses. That person can realize beneficial use by building and maintaining water storage infrastructure like reservoirs and water ways such as canals and ditches (A.R.S. § 45-151).
A general adjudication is a judicial proceeding that determines the extent and priority of surface water rights in an area. These adjudications are held in the county with the most potential claimants. All potential claimants must file a statement of claim with this court that provides certain information about their surface water rights, including the source from which their right is claimed and the quantities of water and periods during a year when this use is claimed (A.R.S. § 45-254).
Subflow is defined in case law as waters that are part of a surface stream but that flow through lands under or adjacent to a streambed. As part of litigation surrounding the Gila River general stream adjudications, the Arizona Department of Water Resources has been directed to develop a map for the subflow zone throughout this river system. Currently, only the San Pedro River watershed, which is part of the Gila River basin, has had its subflow zone boundaries delineated. Well owners claiming a right to pump underground waters that may be part of a subflow zone must file statements of claim to have the nature and priority of their water rights determined.
Provisions
1. Recognizes a water right in a well that withdraws appropriable surface water if that water has been appropriated consistent with this act. (Sec. 1)
2. Permits someone to apply for a right to withdraw appropriable surface water from a well for beneficial use in a watershed subject to a court's jurisdiction if all the following apply:
a) The court has entered a final judgment delineating the boundaries of the subflow zone within the watershed;
b) The well was in the subflow zone's boundaries when the court entered the final judgment establishing these boundaries;
c) The well has historically withdrawn water for beneficial use; and
d) 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. (Sec. 2)
3. Specifies that the priority date for this water right is the date the water withdrawn from the well was first put to beneficial use.
4. Allows someone whose well has been determined to be in a subflow zone to file a new or amended statement of claim and a notice of filing with the court. (Sec. 2)
5. Directs the water master to do the following after receiving a new or amended statement of claim:
a) Determine if there is clear and convincing evidence that the well in the statement of claim is withdrawing appropriable surface water;
b) Determine what proportion of the water withdrawn by the well is surface water; and
c) Recommend water rights attributes for the well.
6. Stipulates that the court must, after receiving the water master's report, enter a judgment that determines the extent of the appropriable surface water right in the well and the priority date of the water right. (Sec. 2)
Amendments
Committee on Natural Resources, Energy & Water
1. Modifies the following criteria that someone must meet to apply for a right to withdraw appropriable surface water from a well for beneficial use pursuant to this act:
a) The court has entered a final judgment delineating the subflow zone's boundaries within the watershed or has determined that a well's cone of depression intersects with this zone; and
b) The well existed when the court entered the final judgment establishing the subflow zone's boundaries.
2. Specifies that a water right claim filing pursuant to this act is complete on timely receipt by ADWR of a properly executed statement of claimant and filing fees.
3. Allows someone whose well has a cone of depression that intersects with a subflow zone to file a new or amended statement of claimant and a notice of filing with the court.
4. Removes the requirement that a water master must use the "clear and convincing" standard of evidence when determining if a well that is subject to a statement of claimant is withdrawing appropriable surface water.
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HB 2818
Initials PAB Page 0 Caucus & COW
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