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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
navigable stream adjudication commission; extension
Purpose
Continues the Arizona Navigable Stream
Adjudication Commission (ANSAC) until
June 30, 2028.
Background
The ANSAC was established in 1992 to determine if Arizona's 39,039 rivers and streams were navigable at the time of statehood, February 14, 1912 (ANSAC). The ANSAC is a five-member commission that must: 1) adopt administrative rules; 2) provide to the public the ANSAC's determination of navigability or non-navigability of any watercourse; and 3) conduct informal inquiries or hearings on the navigability or non-navigability of any watercourse (A.R.S. § 37-1122).
A navigable watercourse is a watercourse that existed at the time of statehood and was used or could have been used, in its ordinary and natural condition, as a highway for commerce, over which trade and travel were or could have been conducted. A highway for commerce is a corridor or conduit within which the exchange of foods, commodities or property or the transportation of persons can be conducted (A.R.S. § 37-1101).
The ANSAC determined that all rivers and streams were non-navigable waters at the time of statehood except the Colorado River (ANSAC; A.R.S. § 37-1123). The determination of all rivers and streams as non-navigable at the time of statehood means the title of the streambed is subject to ownership by the owner of land the river crosses (ANSAC).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Continues ANSAC until June 30, 2028.
2. Makes conforming changes.
3. Becomes effective on the general effective date.
House Action
NREW 1/24/23 DP 10-0-0-0
3rd Read 2/21/23 55-5-0
Prepared by Senate Research
March 13, 2023
RA/SF/slp