Land and Water Rights in Arizona

Arizona Water Law

• Arizona water law is established in Title 45 of the Arizona state law. The law places the Arizona Department of Water Resources in charge of regulating state water issues and establishes a system that regulates water usage differently depending on if the water is drawn from the surface or brought up from the ground.
  
  Arizona water supply is categorized into four different sources, which are managed separately. These sources are the Colorado River, groundwater, surface water not related to the Colorado River and effluent outflows.
  
  In order to gain the right to use surface water, potential water rights holders must apply to the department of water resources. The application process involves a public input mechanism where those opposed to the proposed use of the water can have their voices heard. Applicants can apply for rights to draw from surface water in order to create a municipal water supply, irrigate crops, create power, refresh groundwater resources and use for mining purposes.
  
  

Arizona Landowners' Rights

• The rights of Arizona landowners to land ownership are established in Article 2, Section 17 of the Arizona Constitution. This provision limits the ability of private parties to use eminent domain for the purposes of taking away the landowner's property to a specific set of circumstances. It also states that the government can only take away property for public use and gives the judiciary the ability to determine if the use is public. The provision also states that any eminent domain action must result in just compensation being given to the landowner.
  
  Title 33 of Arizona state law establishes a set of procedures that govern the use of privately owned land. This law creates landlord-tenant processes, governs how land is conveyed from one owner to another and determines procedures for the mortgaging of land.
  
  

Administration of State-Owned Land and Water

• The Arizona State Land Department manages lands owned by the state of Arizona. The department contains the Water Rights and Agriculture Section, which has oversight of water resources existing on these lands. This division provides guidance in the selling of water and execution of water leases from these resources.
  
  

Water Rights Management Framework

• The Arizona Department of Water Resources is charged with the responsibility of developing a framework for managing Arizona's water resources. This framework was put into place in the 1980s after water resources were at risk of overuse and attempts to govern water policy on a regional basis.