Arizona Laws 37-343. Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state
A. The state land department may investigate and determine adverse claims to lands the title to which is held by the state, and in instances where title to other land is obtained in lieu of such land, the department may relinquish the claim of the state thereto. The determination of the department shall be final until set aside by a court of competent jurisdiction.
Terms Used In Arizona Laws 37-343
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Department: means the state land department. See Arizona Laws 37-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
B. The department may investigate any appropriation of water or reservoir site for irrigation or livestock purposes made and maintained prior to reservation, for the benefit of the state, of the land on which the water appropriation is located, and protect the equities of the prior appropriator of water by the extension of a preference right to lease the land or by such other lawful means as the department may prescribe.