A. Upon receipt of a claim, the director shall conduct such investigation as in the director’s judgment is necessary to certify the water right. Such investigation may include an inspection of the stockpond.

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Terms Used In Arizona Laws 45-275

  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • 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

B. When requested by a claimant or the protesting party, an administrative hearing shall be held to determine any material fact which is in dispute. A hearing may be held on the director’s own motion.

C. The director shall issue a certification of the water right if it appears that the material facts stated in the claim are true and entitle the claimant to a water right for the stockpond. The water right shall be subject to all prior rights, and the certification shall so state.

D. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.