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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: NREW DP 10-0-0-0 | APPROP DP 13-0-0-0 |
HB 2778: stream adjudications; cooperative extension; appropriation
Sponsor: Representative Griffin, LD 14
House Engrossed
Overview
Appropriates $500,000 from the state General Fund (GF) in FY 2022 to the University of Arizona (UA) for distribution to the Natural Resource Users Law and Policy Center (Center) to assist general stream adjudication claimants.
History
The doctrine of prior appropriation governs the use of surface water in Arizona. This doctrine is based on the tenet of “first in time, first in right” which means the person who first puts the water to a beneficial use acquires a right that is senior to later users. Beneficial use is the basis, measure and limit to this right (A.R.S. §§ 45-141 and 45-151).
The general stream adjudications are judicial proceedings to determine the extent and priority of water rights in the Gila River and Little Colorado River systems (A.R.S. § 45-251 et seq.). The Gila River adjudication began in 1974 and is assigned to the Maricopa County Superior Court and the Little Colorado River adjudication began in 1978 and is assigned to the Apache County Superior Court.
The Center is a partnership between the UA's College of Law and Cooperative Extension. It addresses the law and policy needs of Arizona's natural resources community by building partnerships among natural resource users and exposing students to natural resource law and policy matters (Center).
Provisions
1. Appropriates $500,000 from the state GF in FY 2022 to the UA for distribution to the Center within the Cooperative Extension to assist general stream adjudication claims and exempts the appropriation from lapsing. (Sec. 2)
2. Authorizes a university under the Arizona Board of Regents' jurisdiction to offer pro bono expertise to general stream adjudication claimants who are small landowners and not represented by counsel. (Sec. 1)
3. Restricts a university to only representing an adjudication claimant until that claimant proceeds to an evidentiary hearing or another contested proceeding that is similar to a trial and prohibits a university from representing a claimant in these hearings if that claimant has not settled their claim. (Sec. 1)
4. Requires a university that provides legal assistance to coordinate with the faculty of an Arizona cooperative extension that has a program to support the economic vitality of rural communities and use of natural resources in those communities. (Sec. 1)
5.
Directs a university
that provides legal assistance to submit an annual report of its activities to
the Governor, the Speaker of the House of Representatives and the President of
the Senate and provide a copy of the report to the Secretary of State by
November 15. (Sec. 1) 
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9. HB 2778
10. Initials PAB/AG Page 0 House Engrossed
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