Arizona Laws 45-272. Water rights in stockponds; priority
A. The owner of any stockpond constructed after June 12, 1919 and prior to August 27, 1977, the capacity of which is not in excess of fifteen acre-feet and concerning which water rights litigation or protest to the state land department was not a matter of record prior to August 27, 1977, shall have a valid water right in such stockpond with priority as of the date of construction and shall be eligible for such evidence of validity as the director may prescribe.
Terms Used In Arizona Laws 45-272
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of water resources. See Arizona Laws 45-101
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- stockpond: means a pond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife. See Arizona Laws 45-271
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. All water rights issued pursuant to a permit or certificate issued prior to August 27, 1977 by the state land department or its predecessors or pursuant to an application to appropriate filed with the state land department or its predecessors prior to August 27, 1977, rights to the use of the mainstream waters of the Colorado river, rights previously acquired or validated by contract with the United States, court decree or other adjudication or rights acquired prior to June 12, 1919 and registered pursuant to article 7 of this chapter shall have priority over any water right claimed pursuant to this article.
C. Any person who is claiming a water right pursuant to this article and who fails to file a claim of water right prior to one year after the effective date of this amendment to this section shall have a water right priority as of the date of filing. An existing claim of water right under this article may be amended at any time before the completion of hearings on the claimed right pursuant to section 45-257, subsection A.
D. Subsequent to August 27, 1977, no person may construct or cause to be constructed a stockpond of any size unless the director of water resources or his predecessors have approved an application for a permit to appropriate such water filed pursuant to section 45-152.