Arizona Laws 45-185. Filing of claim not deemed adjudication of right; presumption; exemption
A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use of waters as between the person and the state, or as between one or more persons asserting the water right, and the date of filing under this article shall have no effect upon the priority of such rights. A statement of claim is not admissible in evidence for the purpose of demonstrating that water diverted or withdrawn and beneficially used is appropriable under section 45-141, subsection A, but a statement of claim is admissible in evidence as a rebuttable presumption of the truth and accuracy of the contents of the claim.
Terms Used In Arizona Laws 45-185
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any individual, partnership, association, public or private corporation, city or other municipality, county or state agency, a recognized Indian tribe and the United States of America when claiming water rights established under the laws of this state. See Arizona Laws 45-181
- water: means waters of all sources flowing in streams, canyons, ravines or other natural channels or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface. See Arizona Laws 45-181
B. Wells used to produce water exclusively for domestic or stock watering purposes are exempt from the provisions of this article, but the granting of this exemption shall not establish the presumption that a water right exists.