45-251. Definitions In this article, unless the context otherwise requires: 1. " Domestic use" means a single appropriative water right serving a residence, or multiple residences up to a maximum of three residential connections, for household purposes with associated irrigation of lawns, gardens or landscape in an amount of not more than one-half acre per […]
45-252. General adjudication; representation; superior court; assignment to judge; personnel funding; petition A. One or more water users on a river system and source, the water rights of which have not been previously adjudicated under this article and administered by the director of water resources, or this state on the request of any state agency […]
45-253. Service of summons; statement of claimant form; record A. Personal service of the summons and petition shall not be required. The court shall order that: 1. The clerk of the court issue the summons which shall specify the date by which the statement of claimant must be filed, generally describe the nature of the […]
45-254. Statement of claimant; filing; information to be included; verification; failure to file; fees A. Each potential claimant who is served shall present in writing the particulars of his claim on the court-approved statement of claimant form and shall file the statement of claimant form with the court within ninety days of the date of […]
45-255. Appointment of master; compensation A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil procedure to report on legal and factual issues designated under a specific order of reference. B. A master’s compensation and other expenses related to the conduct […]
45-256. Technical assistance of director; report A. The court or the master shall request technical assistance from the director in all aspects of the general adjudication with respect to which the director possesses hydrological or other expertise. In rendering such technical assistance, the director shall expeditiously: 1. Identify the hydrological boundaries of the river system […]
45-257. Hearings; report of master; final judgment by court; administration and enforcement of decree A. The master shall: 1. After due notice, conduct such hearings and take such testimony as shall be necessary to determine the relative water rights of each claimant. The determination of water rights of all small water use claims in any […]
45-259. Rules governing general adjudications The general adjudication is governed in all respects by the Arizona rules of evidence, the Arizona rules of civil procedure and any other procedural rules generally applicable to civil proceedings, except that the specific provisions of this article govern if they conflict with the Arizona rules of civil procedure or […]
45-260. General adjudication fund A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253, subsection A, paragraphs 1 and 2, and all reimbursements to the director pursuant to section 45-253, subsection A, paragraph 3 shall be deposited, pursuant to sections 35-146 […]
45-261. Presumption in favor of prior filings and decrees A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned, the director, the master and the court shall apply the following evidentiary rules in determining the attributes of water rights claimed pursuant to this […]
45-263. State law applicable State law, including all defenses available under state law, applies to the adjudication of all water rights initiated or perfected pursuant to state law.
45-264. Joint legislative adjudication monitoring committee A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall consist of three members of the senate appointed by the president of the senate, not more than two of whom shall be members of the […]
