Arizona Property Agreement With Water
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FAQ
Water rights are administered by the Arizona Department of Water Resources (DWR). The distinction between surface water and groundwater was judicially defined in the 1932 case Maricopa County Water Conservation Dist. No. 1 v.
There are two types of groundwater rights associated with irrigation: Irrigation Grandfathered Groundwater Rights and Type 1 Non-irrigation Grandfathered Groundwater Rights. (1) Irrigation Grandfathered Groundwater Rights (IGRs) are appurtenant to irrigated lands.
Early in its history, Arizona adopted the doctrine of prior appropriation to govern the use of surface water. This doctrine is based on the tenet of first in time, first in right which means the person who first puts the water to a beneficial use acquires a right that is senior to later appropriators of the water.
In Arizona, there is no statute that states it is illegal to refuse water to someone else in the state.
Grandfathered irrigation rights are created pursuant to A.R.S. § 45-465. To qualify, the water must be pumped from the land that is under irrigation and may not be transported for use on other lands.
