In this title, unless the context otherwise requires:
1. "Appropriator" means the person or persons initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest.
2. "Department" means the department of water resources.
3. "Director" means the director of water resources, who is also the director of the department.
4. "Effluent" means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to title 49, chapter 2. Such water remains effluent until it acquires the characteristics of groundwater or surface water.
5. "Groundwater" means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. Groundwater does not include water flowing in underground streams with ascertainable beds and banks.
6. "Interstate stream" means any stream constituting or flowing along the exterior boundaries of this state, and any tributary originating in another state or foreign country and flowing into or through this state.
7. "Riparian area" means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water transportation, distribution, off-stream storage and collection systems.
8. "Sanitary sewer" means any pipe or other enclosed conduit that carries, among other substances, any water-carried wastes from the human body from residences, commercial buildings, industrial plants or institutions.
9. "Surface water" means the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. For the purposes of administering this title, surface water is deemed to include central Arizona project water.
Notes of Decisions
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989).
· cites it 12× “We find it almost impossible to believe, however, that if the legislature had intended to manage, restrict or regulate the use of municipal effluent, it would not have done so explicitly by adopting a regulatory statute or at least including effluent within the definition of…”
Neal v. Hunt, 541 P.2d 559 (Ariz. 1975).
· cites it 7× “" A.R.S. § 45-101. We have, however, been inconsistent in that while rejecting the doctrine of riparian rights as to surface and underground streams, we have adopted the doctrine of reasonable use as applied to percolating ground waters.”
Espil Sheep Co. v. Black Bill & Doney Parks Water Users Ass'n, 492 P.2d 450 (Ariz. Ct. App. 1972).
· cites it 4× “The 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, belong to the public and are subject…”
Ramada Inns, Inc. v. Salt River Valley Water Users' Ass'n, 523 P.2d 496 (Ariz. 1974).
· cites it 2× “By this we mean that it has developed the characteristics of a natural watercourse, but this does not mean that the water belongs to the public as do all wholly natural waters (A.R.S. § 45-101), nor do we imply that the Water Users are relieved from the duty to maintain and…”
Cherry v. Steiner, 543 F. Supp. 1270 (D. Ariz. 1982).
“” § 45-101(4). Groundwater knows no boundaries and may flow under the land of several landowners.”
McClellan v. Jantzen, 547 P.2d 494 (Ariz. Ct. App. 1976).
· cites it 2× “lakes, ponds and springs on the surface,” belong to the public, A.R.S. § 45-101 (A), and that any appropriation of that water js under the control and supervision of the State Land Department.”
Salt River Valley Water Users' Ass'n v. Kovacovich, 411 P.2d 201 (Ariz. Ct. App. 1966).
· cites it 2× “A.R.S. § 45-101, subsec. B. The appellees may only appropriate the amount of water from the Verde River as may be beneficially used in any given year upon the land to which the water is appurtenant even though this amount may be less than the maximum amount of their…”
England v. Ally Ong Hing, 446 P.2d 480 (Ariz. Ct. App. 1969).
· cites it 2× “became a state, and put into the Arizona Water Code in 1919, Chapter 164, Session Laws of 1919 (now A.R.S. § 45-101 et seq.). It is the recognized law in Arizona that when a' person acquires land he takes it subject to any water rights which might-have been initiated according…”
— Ariz. Rev. Stat. § 45-101(3) — 1 case
— Ariz. Rev. Stat. § 45-101(4) — 4 cases
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989).
“We find it almost impossible to believe, however, that if the legislature had intended to manage, restrict or regulate the use of municipal effluent, it would not have done so explicitly by adopting a regulatory statute or at least including effluent within the definition of…”
Cherry v. Steiner, 543 F. Supp. 1270 (D. Ariz. 1982).
“” § 45-101(4). Groundwater knows no boundaries and may flow under the land of several landowners.”
— Ariz. Rev. Stat. § 45-101(5) — 2 cases
— Ariz. Rev. Stat. § 45-101(6) — 1 case
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989).
“We find it almost impossible to believe, however, that if the legislature had intended to manage, restrict or regulate the use of municipal effluent, it would not have done so explicitly by adopting a regulatory statute or at least including effluent within the definition of…”
— Ariz. Rev. Stat. § 45-101(7) — 1 case
— Ariz. Rev. Stat. § 45-101(C) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.