ARIZONA DEPARTMENT OF WATER RESOURCES SURFACE WATER RIGHTS UNIT

Surface Water 2 Definition: “waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwaters, wastewater, or surplus water, and of lakes, ponds, and springs on the surface” (Arizona Revised Statutes § )

History Early in its history, Arizona adopted the doctrine of prior appropriation to govern the use of surface water. This doctrine is based on the tenet of “first in time, first in right” which means that the person who first puts the water to a beneficial use acquires a right that is better than later appropriators of the water. Prior to June 12, 1919, a person could acquire a surface water right simply by applying the water to a beneficial use and posting a notice of the appropriation at the point of diversion

Public Water Code 1.The water is from the mainstream of the lower Colorado river, in which case a contract with the Secretary of the Interior is required 2.The person or the person’s predecessor-in-interest, lawfully appropriated the water prior to June 12, 1919 and the person or the person’s predecessor-in-interest has filed a statement of claim for the appropriation with the state 3.The water is stored in a stockpond constructed after June 12, 1919 and before August 27, On June 12, 1919, the Arizona surface water code was enacted. Now known as the Public Water Code, this law provides that a person must apply for and obtain a permit in order to appropriate surface water unless:

Beneficial Use Beneficial uses are: domestic (which includes the watering of gardens and lawns not exceeding one-half acre), municipal irrigation stockwatering recreation wildlife including fish nonrecoverable water storage mining uses. A.R.S. § (A) The Public Water Code provides that beneficial use shall be the basis, measure and limit to the use of water within the state, A.R.S. § (B).

Types of Filings Applications for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir (33, 4A, 3R) Applications for Permit to Appropriate Public Water of the State of Arizona - Instream Flow Maintenance (33) Claims of Water Right for a Stockpond and Application for Certification (38) Statements of Claim of Right to Use Public Waters of the State of Arizona (36)

Perfecting a Surface Water Right A person applies for a permit to appropriate public water by completing an application with the Arizona Department of Water Resources (Department). If the application is approved, a permit to appropriate is issued to the applicant. A permit authorizes the permit holder to construct the diversion works and put the water to a beneficial use. The permit holder has two years to begin construction of the diversion works and up to 5 years to put the water to beneficial use. After the permit holder submits a Proof of Appropriation of Water, the Department issues a Certificate of Water Right (CWR) with a priority date that relates back to the date of the application. A CWR evidences a perfected surface water. All permits and certificates are for specific uses at specific places and are endorsed with the priority date and extent and purpose(s) of the right(s). (A.R.S. § , et seq.)

Surface Water Appropriations Applications Pending 850 PermitsIssued 420 Certificates Issued 7050 Applications Pending 850 PermitsIssued 420 Certificates Issued 7050 Point of Diversion (POD). Surface Watersheds

Types of Filings Applications for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir (33, 4A, 3R) Applications for Permit to Appropriate Public Water of the State of Arizona - Instream Flow Maintenance (33) Claims of Water Right for a Stockpond and Application for Certification (38) Statements of Claim of Right to Use Public Waters of the State of Arizona (36)

Instream Flow Maintenance An instream flow right is a surface water right that remains in-situ or “in-stream,” is not physically diverted or consumptively used, and is for maintaining the flow of water necessary to preserve wildlife, including fish and/or recreation. A minimum of one year of streamflow measurement data should be submitted by the applicant before the Department will issue a permit to appropriate. Data should be submitted no later than two years after the filing date. After approval of a permit the permit holder has four years to demonstrate that the instream flow water right is being used in a manner consistent with terms of the issued permit. After the permit holder submits a Proof of Appropriation - Instream Flow, the Department issues the permit holder a Certificate of Water Right (CWR) with a priority date that relates back to the date of the application.

Instream Flow Maintenance Applications Pending 58 Permits Issued 1 Certificates Issued28 Applications Pending 58 Permits Issued 1 Certificates Issued28 Surface Watersheds

Types of Filings Applications for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir (33, 4A, 3R) Applications for Permit to Appropriate Public Water of the State of Arizona - Instream Flow Maintenance (33) Claims of Water Right for a Stockpond and Application for Certification (38) Statements of Claim of Right to Use Public Waters of the State of Arizona (36)

Stockponds 1.The stockpond was constructed after June 12, 1919 and prior to August 27, The stockpond is used exclusively for watering of livestock and/or wildlife. 3.The stockpond has a maximum capacity of 15 acre-feet 4.The stockpond was not the subject of water rights litigation or protest prior to August 27, The Stockpond Registration Act of 1977 (A.R.S. § , et seq.) provides that an owner of a stockpond has a valid water right in the stockpond and is eligible to file with the Department a “Claim of Water Right for a Stockpond and Application for Certification” upon evidence of the following: The Department issues a certification of the water right if it finds that the facts stated in the claim are true and entitle the claimant to a water right for the stockpond.

Stockponds Applications Pending Certificates Issued 1071 Applications Pending Certificates Issued 1071 Point of Diversion (POD). Surface Watersheds

Types of Filings Applications for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir (33, 4A, 3R) Applications for Permit to Appropriate Public Water of the State of Arizona - Instream Flow Maintenance (33) Claims of Water Right for a Stockpond and Application for Certification (38) Statements of Claim of Right to Use Public Waters of the State of Arizona (36)

Statement of Claim of Rights to Use Public Waters of the State of Arizona Under the Water Rights Registration Act (A.R.S. § , et seq.) a person who before March 17, 1995 was using public waters of the state based on state law may claim the right by filing a “Statement of Claim” for both pre and post June 12, 1919 claims. The act of filing a Statement of Claim does not create a water right nor does it constitute an adjudication of the claim; no judicial determination regarding the right and priorities of the claimant has been made.

Statements of Claim Claims Point of Diversion (POD). Surface Watersheds

Court Decreed Rights Decreed rights are water rights which have been determined through judicial action in a state or federal court. Some of the majors decrees are: –Globe Equity No. 59 (also known as the “Gila Decree”) was entered in the United States District Court, in and for the District of Arizona (Tucson), on June 29, –The Kent Decree (Hurley v. Abbott) was entered in Territorial District Court in It established rights to the Salt River from diversions occurring at that time from Granite Reef and Joint Head diversion dams, which generally conforms to the present Salt River Project water service area. –The Benson v. Allison Decree was enter in State Superior Court in It established rights to the lower Agua Fria River, the Salt River below Joint Head Diversion Dam, and the Gila River from the Salt River confluence to the Buckeye Irrigation Company canal heading. –The Little Colorado River system contains one major decree known as the “Norviel Decree”, which is comprised of four judicial actions involving rights to the Little Colorado River from the vicinity of St. Johns to the headwaters of the river. –The Concho Decree determined the relative rights to the use of the waters of Concho Springs and Concho Creek in Apache County.

Court Decreed Rights BB Certificates 644 Point of Diversion (POD). Surface Watersheds

Request Changes to Certificates and Claims Application to Sever and Transfer Change in Beneficial Use Request for Assignment of Surface Water Applications and Claims Amending an Application, Permit, Certificate or Claim

Application for Severance and Transfer A change in the place of use of a surface water right is referred to as a “severance and transfer” of the right. A person must obtain the approval of the Director in order to sever and transfer a surface water right In addition, the person must also obtain the approval of irrigation district, agricultural improvement district, or water users’ association if water is used on land within their boundaries or is in the same watershed or drainage area. Priority dates are maintained. (Arizona Revised Statutes § )

Request Changes to Certificates and Claims Application to Sever and Transfer Change in Beneficial Use Request for Assignment of Surface Water Applications and Claims Amending an Application, Permit, Certificate or Claim

Changes in Beneficial Use Add a new use A person may add a new use only by applying for and obtaining a permit to appropriate the water for the new use. The application will be processed in the same manner as any other permit to appropriate surface water and the priority date of the new water right will be the date the application was filed. Change an existing use A person may change an existing use to a different use by filing a “Change of Use” application with the Department. In most cases, the use may not be changed without the approval of the Director. If the change contemplates generating hydroelectric energy or power of over twenty-five thousand horsepower, approval will not be granted unless authorized by an act of the legislature, § (B). When a change in use has been effected, the new use retains the same priority date as the old use.

Request Changes to Certificates and Claims Application to Sever and Transfer Change in Beneficial Use Request for Assignment of Surface Water Applications and Claims Amending an Application, Permit, Certificate or Claim

Request for Assignment of Surface Water Applications and Claims Pursuant to A.R.S. § , the Arizona Department of Water Resources (Department) maintains a registry of applications, permits, and certificates of water right. Any person who conveys real property to which a water right, claim, or filing is associated and who intends to assign the water right, claim, or filing to the new owner must complete and file with the Department a “Request for Assignment of Surface Water Applications and Claims” form.

Request Changes to Certificates and Claims Application to Sever and Transfer Change in Beneficial Use Request for Assignment of Surface Water Applications and Claims Amending an Application, Permit, Certificate or Claim

Amendments Amending an Application, Permit, Certificate or Claim Amendments will be limited and will be reviewed on a case by case basis. Requests for an amendment must be made on official amendment forms.