Ariz. Rev. Stat. » Title 45
Arizona Revised Statutes

Ariz. Rev. Stat. § 45-141 (2026)

Public nature of waters of the state; beneficial use; reversion to state; actions not constituting abandonment or forfeiture

✓ current as of May 2026
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A. 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 to appropriation and beneficial use as provided in this chapter.

B. Beneficial use shall be the basis, measure and limit to the use of water.

C. Except as otherwise provided in this title or in title 48, when the owner of a right to the use of water ceases or fails to use the water appropriated for five successive years, the right to the use shall cease, and the water shall revert to the public and shall again be subject to appropriation.

D. Underground water storage, pursuant to chapter 3.1 of this title, for future beneficial use of waters appropriated pursuant to this chapter does not constitute an abandonment or forfeiture.

E. The following water exchange arrangements or substitutions do not constitute an abandonment or forfeiture of all or any portion of a right to use surface water:

1. Exchanging surface water for groundwater, effluent, Colorado river water, including water delivered through the central Arizona project, or another source of surface water pursuant to chapter 4 of this title.

2. Substituting groundwater, effluent, Colorado river water, including water delivered through the central Arizona project, or another source of surface water for surface water.

F. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1966–2025 · leading case: Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989).
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Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). · cites it 100× “So long as the Cities choose to dispose of the effluent by discharge into the stream bed, the effluent becomes and is water "flowing in a stream" and under A.R.S. § 45-141 is subject to appropriation by downstream users.”
San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). · cites it 10× “This provision creates a new protection against a finding of abandonment or forfeiture that did not exist in the former § 45-141. The consequences of failure to make use of appropriated water on all of the appropriator’s land must be determined on the basis of the law existing…”
In re the Gen. Adjudication of All Rights to Use Water In the Gila River Sys. & Source, 857 P.2d 1236 (Ariz. 1993). · cites it 22× “We decide today whether the trial court erred in adopting a test to determine whether the underground water known as subflow is appropriable under A.R.S. § 45-141. We have jurisdiction pursuant to A.”
Defenders of Wildlife v. Hull, 18 P.3d 722 (Ariz. Ct. App. 2001). · cites it 8× “XVII §§ 1 (common law doctrine of riparian water rights has no force or effect in Arizona), 2 (water rights based on "beneficial use" confirmed); A.R.S. § 45-141(A) (state waters belong to the public and are subject to appropriation and beneficial use).”
Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). · cites it 6× “¶ 11 A party must apply to the ADWR director for a permit to make an appropriation and acquire the right to a beneficial use of water.”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 9 P.3d 1069 (Ariz. 2000). · cites it 7× “GILA RIVER II ¶ 7 In Gila River II, we considered whether the trial court had erred “in adopting its 50%/90 day test for determining whether underground water is ‘appropriable’ under A.R.S. § 45-141.” 175 Ariz. at 386 , 857 P.”
In Re the Rights Ex Rel. Gila River, 830 P.2d 442 (Ariz. 1992). · cites it 5× “2d 988, 996 (1989), that effluent, although neither groundwater nor surface water, is appropriable once returned to a stream was explicitly based on the “waters of all sources language” in A.R.S. § 45-141. 16 . A separate interlocutory appeal addresses the issue of when…”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 35 P.3d 68 (Ariz. 2001). · cites it 4× “An appropriator acquires a legal right to water by putting it to a beneficial use, which is “the basis, measure and limit” of any such entitlement. Id. § 45-141(B). So long as utilization continues, the right remains secure.”
Arizona Dep't of Water Resources v. McClennen, 360 P.3d 1023 (Ariz. 2015). · cites it 5× “” AR.S. § 45-141. Cf. Davis v. Agua Sierra Resources, L.”
Strawberry Water Co. v. Paulsen, 207 P.3d 654 (Ariz. Ct. App. 2008). · cites it 2× “" A.R.S. § 45-141(A) (2003) (emphasis added).”
Davis v. Agua Sierra Resources, L.L.C., 174 P.3d 298 (Ariz. Ct. App. 2008). · cites it 6× “” He also cites Bristor and A.R.S. §§ 45-141, -151, and -402, arguing that under those authorities, “[b]oth surface water and groundwater in Arizona must be put to a beneficial use” and that groundwater may not be transported free of restriction.”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 989 P.2d 739 (Ariz. 1999). · cites it 2× “Did the trial court err in adopting its 50%/90 day test for determining whether underground water is "appropriable” under A.R.S.§ 45-141? 3. What is the appropriate standard to be applied in determining the amount of water reserved for federal lands? 4.”
Show all 24 citing cases →
— Ariz. Rev. Stat. § 45-141(A) — 14 cases
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). “So long as the Cities choose to dispose of the effluent by discharge into the stream bed, the effluent becomes and is water "flowing in a stream" and under A.R.S. § 45-141 is subject to appropriation by downstream users.”
Defenders of Wildlife v. Hull, 18 P.3d 722 (Ariz. Ct. App. 2001). “XVII §§ 1 (common law doctrine of riparian water rights has no force or effect in Arizona), 2 (water rights based on "beneficial use" confirmed); A.R.S. § 45-141(A) (state waters belong to the public and are subject to appropriation and beneficial use).”
In re the Gen. Adjudication of All Rights to Use Water In the Gila River Sys. & Source, 857 P.2d 1236 (Ariz. 1993). “We decide today whether the trial court erred in adopting a test to determine whether the underground water known as subflow is appropriable under A.R.S. § 45-141. We have jurisdiction pursuant to A.”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 9 P.3d 1069 (Ariz. 2000). “GILA RIVER II ¶ 7 In Gila River II, we considered whether the trial court had erred “in adopting its 50%/90 day test for determining whether underground water is ‘appropriable’ under A.R.S. § 45-141.” 175 Ariz. at 386 , 857 P.”
Strawberry Water Co. v. Paulsen, 207 P.3d 654 (Ariz. Ct. App. 2008). “" A.R.S. § 45-141(A) (2003) (emphasis added).”
— Ariz. Rev. Stat. § 45-141(B) — 7 cases
San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “This provision creates a new protection against a finding of abandonment or forfeiture that did not exist in the former § 45-141. The consequences of failure to make use of appropriated water on all of the appropriator’s land must be determined on the basis of the law existing…”
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). “So long as the Cities choose to dispose of the effluent by discharge into the stream bed, the effluent becomes and is water "flowing in a stream" and under A.R.S. § 45-141 is subject to appropriation by downstream users.”
Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). “¶ 11 A party must apply to the ADWR director for a permit to make an appropriation and acquire the right to a beneficial use of water.”
In Re the Rights Ex Rel. Gila River, 830 P.2d 442 (Ariz. 1992). “2d 988, 996 (1989), that effluent, although neither groundwater nor surface water, is appropriable once returned to a stream was explicitly based on the “waters of all sources language” in A.R.S. § 45-141. 16 . A separate interlocutory appeal addresses the issue of when…”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 35 P.3d 68 (Ariz. 2001). “An appropriator acquires a legal right to water by putting it to a beneficial use, which is “the basis, measure and limit” of any such entitlement. Id. § 45-141(B). So long as utilization continues, the right remains secure.”
— Ariz. Rev. Stat. § 45-141(C) — 8 cases
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). “So long as the Cities choose to dispose of the effluent by discharge into the stream bed, the effluent becomes and is water "flowing in a stream" and under A.R.S. § 45-141 is subject to appropriation by downstream users.”
San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “This provision creates a new protection against a finding of abandonment or forfeiture that did not exist in the former § 45-141. The consequences of failure to make use of appropriated water on all of the appropriator’s land must be determined on the basis of the law existing…”
Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). “¶ 11 A party must apply to the ADWR director for a permit to make an appropriation and acquire the right to a beneficial use of water.”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 35 P.3d 68 (Ariz. 2001). “An appropriator acquires a legal right to water by putting it to a beneficial use, which is “the basis, measure and limit” of any such entitlement. Id. § 45-141(B). So long as utilization continues, the right remains secure.”
Arizona Dep't of Water Resources v. McClennen, 360 P.3d 1023 (Ariz. 2015). “” AR.S. § 45-141. Cf. Davis v. Agua Sierra Resources, L.”
— Ariz. Rev. Stat. § 45-141(D) — 1 case
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). “So long as the Cities choose to dispose of the effluent by discharge into the stream bed, the effluent becomes and is water "flowing in a stream" and under A.R.S. § 45-141 is subject to appropriation by downstream users.”
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