37-1121. Arizona navigable stream adjudication commission A. The Arizona navigable stream adjudication commission is established through June 30, 2024 as a separate agency and independent of the state land department. The commission consists of five persons, not more than three of whom are from the same political party, who are appointed by the governor pursuant […]
37-1122. General powers and duties of the commission A. The commission shall: 1. Adopt administrative rules that in its discretion it considers to be necessary and proper to carry out the provisions and purposes of this chapter. 2. Assemble and distribute information to the public relating to the commission’s determination of navigability or nonnavigability of […]
37-1123. Receiving and compiling evidence and records A. The commission shall receive, review and consider all relevant historical and other evidence presented to the commission by the state land department and by other persons regarding the navigability or nonnavigability of watercourses in this state as of February 14, 1912, together with associated public trust values, […]
37-1124. Compiling evidence and records by department A. Beginning on or about the date that the commission establishes priorities pursuant to section 37-1123, subsection E, but in no event later than January 2, 1993, the department shall begin the necessary investigation and inquiries to assemble the evidence relevant to finding navigability with respect to those […]
37-1126. Hearings; notice A. The commission shall schedule public hearings to receive additional evidence and testimony relating to navigability or nonnavigability of each watercourse, and, if the commission finds a watercourse is navigable, the commission shall schedule public hearings to identify and make a public report of any public trust values associated with the watercourse. […]
37-1128. Determination of navigability A. After the commission completes the public hearing with respect to a watercourse, the commission shall again review all available evidence and render its determination as to whether the particular watercourse was navigable as of February 14, 1912. If the preponderance of the evidence establishes that the watercourse was navigable, the […]
37-1129. Judicial review A. Beginning on the date the commission issues a determination under section 37-1128, subsection A and continuing through ninety days after the department issues a notice under either section 37-1128, subsection D, paragraph 1 or 2, the state land commissioner or any person who is aggrieved by the commission s determination may […]
37-1130. Title to bed of nonnavigable watercourse; appropriation of waters for public trust values A. Subject to judicial review under section 37-1129, the commission s determination that a watercourse is nonnavigable constitutes a waiver, relinquishment and disclaimer of this state’s right, title or interest in the bed of the watercourse based on its navigability. B. […]
37-1131. Notice to landowners; quiet title action A. If the commission determines a watercourse to be navigable as provided in section 37-1128, the state land department shall do the following before it files any quiet title action regarding public trust property beneath or adjacent to the watercourse: 1. Collect information and perform land surveys that […]
37-1132. Refunds to record title owners A. If this state’s ownership of a parcel or portion of a parcel of property is confirmed in a quiet title action under this article, the state treasurer shall pay to the record title owner an amount from the state general fund to: 1. Refund all property taxes ever […]
