Arizona Laws 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 article:
Terms Used In Arizona Laws 45-261
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- 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.
- Prior decree: means any judgment or decree that is entered by a court of competent jurisdiction and that applies to the water right claim or use that is subject to adjudication. See Arizona Laws 45-251
- Prior filing: means a notice of appropriation recorded with the county recorder or the recorder's predecessor, an application to appropriate filed pursuant to section 45-152, a statement of claim filed pursuant to article 7 of this chapter or a claim of water right filed pursuant to article 10 of this chapter, any or all of which reasonably relate to the water right claim or use that is subject to adjudication. See Arizona Laws 45-251
1. The court shall accept information in an applicable prior decree as prescribed by section 45-257, subsection B, paragraph 1.
2. If information in a prior decree conflicts with information in one or more applicable prior filings, the court shall accept the information in the prior decree as prescribed by section 45-257, subsection B, paragraph 1.
3. If there is no information in any applicable prior filing or decree or if the court finds that information contained in an applicable prior filing regarding a water right attribute is clearly erroneous, the court shall determine the attribute. In making a determination pursuant to this subsection, the court may use the director’s report, statement of claimant information, information obtained in claimant interviews, aerial photographs, satellite technology, historical records, maps, technical data or other relevant information in evidence.
B. If there is a conflict in applicable prior filings regarding the ownership of a water right and multiple parties have filed applicable statements of claimant, any claimant may offer that information to support or refute a claim of water right ownership.
C. Section 45-256, subsections D and E apply to the evidentiary weight given to the following determinations made by the director:
1. That information contained in a prior filing is clearly erroneous as it relates to the water right claim or use being investigated.
2. That no water right was initiated or perfected under the applicable federal, state or territorial law.
3. That a water right was forfeited or abandoned.
D. The director’s report shall contain the basis for determinations made pursuant to subsection D of this section.