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Home » US Law » 2022 Arizona Revised Statutes » Title 45 - Waters » Article 5 - Appropriation of Water

§ 45-151 – Right of appropriation; permitted uses; water rights in stockponds

45-151. Right of appropriation; permitted uses; water rights in stockponds A. Any person, the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45-833.01 or mining uses, for his personal use or for delivery […]

§ 45-152 – Application for permit to appropriate water

45-152. Application for permit to appropriate water A. Any person, including the United States, the state or a municipality, intending to acquire the right to the beneficial use of water, shall make an application to the director of water resources for a permit to make an appropriation of the water. The application shall state: 1. […]

§ 45-152.01 – Instream flow applications; process; definition

45-152.01. Instream flow applications; process; definition A. In addition to the information prescribed in section 45-152, any person, including the United States, this state or a municipality, who files an instream flow application after the effective date of this section shall comply with the following: 1. The applicant shall submit at least five years of […]

§ 45-154 – Correction of defective application

45-154. Correction of defective application Upon receipt of the application, the director shall endorse on the application the date of its receipt and keep a record of applications received. If the application is defective it shall be returned for correction or completion, with the date of and reasons for returning it endorsed on the application […]

§ 45-155 – Requiring additional information on application

45-155. Requiring additional information on application A. Before approving or rejecting the application, the director may require additional information to enable it to protect properly the public interest and may, on applications proposing to divert more than ten cubic feet of water per second, require a statement of the following facts: 1. If a corporation, […]

§ 45-156 – Legislative authorization for appropriation of water to generate power

45-156. Legislative authorization for appropriation of water to generate power A. An application for appropriation of waters of a stream within the state for generating electric energy in excess of twenty-five thousand horsepower, or an application for a permit to build a dam for generating hydroelectric energy on a stream within the state in excess […]

§ 45-157 – Relative value of uses

45-157. Relative value of uses A. As between two or more pending conflicting applications for the use of water from a given water supply, when the capacity of the supply is not sufficient for all applications, preference shall be given by the director according to the relative values to the public of the proposed use. […]

§ 45-158 – Effect of approval or rejection of application

45-158. Effect of approval or rejection of application The approval or rejection of an application for the appropriation of water shall be endorsed on the application, a record of the action kept by the director, and the application returned immediately to the applicant. If approved, the applicant may construct the necessary works, take steps to […]

§ 45-159 – Conditions of acceptance of permit

45-159. Conditions of acceptance of permit An applicant accepts a permit to appropriate water upon the condition that no value in excess of the amount paid to the state shall be claimed for the permit or for the rights so acquired when a public authority is regulating or fixing the rate or charges of the […]

§ 45-160 – Limitation on time of completion of construction; exception

45-160. Limitation on time of completion of construction; exception Actual construction, except under applications by a city or town for municipal uses, shall begin within two years after approval of the application, and shall be prosecuted with reasonable diligence and completed within a reasonable time which shall be fixed in the permit at not to […]

§ 45-161 – Applications for reservoir permits; secondary permits for water

45-161. Applications for reservoir permits; secondary permits for water A. Applications for reservoir permits shall be governed by this article, except that the lands proposed to be irrigated from the works need not be enumerated in the primary permit. B. The person proposing to develop the supply of water or to complete the necessary works […]

§ 45-163 – Assignments

45-163. Assignments Applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter may be assigned.

§ 45-164 – Registry; reporting

45-164. Registry; reporting A. The director shall establish and maintain a registry of applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of this chapter. B. A person who has filed an application or a statement of claim or a person […]

§ 45-165 – Application for interstate operations

45-165. Application for interstate operations Except as provided by article 11 of this chapter, an application for appropriation of water shall not be denied because the point of diversion of water described in the application or any portion of the works to be constructed for the purpose of storing, diverting or distributing water, or the […]

§ 45-166 – Approval for appropriation of waters for generating electric energy

45-166. Approval for appropriation of waters for generating electric energy A. The consumptive use of up to thirty-four thousand one hundred acre feet of water per year chargeable to the water apportioned to the state of Arizona under the provisions of article III, section (a) (1) of the upper Colorado river basin compact (act of […]