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

Ariz. Rev. Stat. § 45-151 (2026)

Right of appropriation; permitted uses; water rights in stockponds

✓ current as of May 2026
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A. Any person, the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45-833.01 or mining uses, for his personal use or for delivery to consumers. The person, the state of Arizona or a political subdivision thereof first appropriating the water shall have the better right.

B. To effect the beneficial use, the person, the state of Arizona or a political subdivision thereof appropriating the water may construct and maintain reservoirs, storage facilities pursuant to chapter 3.1 of this title, dams, canals, ditches, flumes and other necessary waterways.

C. A water right in a stockpond, certified pursuant to article 10 of this chapter, shall be recognized as if such water had been appropriated pursuant to this article.

Notes of Decisions
Cited in 12 cases, 1989–2016 · leading case: San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999).
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San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). · cites it 17× “A.R.S. § 45-151 (D) providing that the availability of alternative sources of water does not affect a surface water right.”
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). · cites it 26× “§ 45-188 provides: Any person entitled to divert or withdraw public waters of the state through an appropriation authorized under § 45-151, court decree, previous possession or continued beneficial use who abandons the use thereof, or who voluntarily fails, without sufficient…”
Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). · cites it 4× “” A.R.S. § 45-151(A) (2003). In addition, the surface waters of lakes, ponds, or streams, are subject to appropriation and beneficial use.”
West Maricopa Combine, Inc. v. Arizona Dep't of Water Resources, 26 P.3d 1171 (Ariz. Ct. App. 2001). · cites it 6× “See A.R.S. § 45-151(A) (1994). lOK’s reading of A.”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 35 P.3d 68 (Ariz. 2001). “¶ 4 Prior appropriation adheres to a seniority system determined by the date on which the user initially puts water to a beneficial use.”
Davis v. Agua Sierra Resources, L.L.C., 174 P.3d 298 (Ariz. Ct. App. 2008). · cites it 2× “, A.R.S. §§ 45-151(A) (2003) (unappropriated water may be appropriated for domestic, municipal, irrigation or other uses; first to appropriate “shall have the better right”); -152 (2003) (anyone intending to acquire the right to beneficial use of water shall apply for permit to…”
Arizona Dep't of Water Resources v. McClennen, 360 P.3d 1023 (Ariz. 2015). “This argument fails because requiring public notice about pending applications is not inconsistent with limiting objections to those who have interests protected by § 45-172(A), and the latter group is not necessarily limited only to those who currently hold permits or…”
Silver v. Pueblo Del Sol Water Co., 384 P.3d 814 (Ariz. Ct. App. 2016). · cites it 2× “” A.R.S. § 45-151(A). This seniority system becomes important in times of shortage because senior rights holders may take their entire allotments of water before junior appropriators receive any at all.”
Arizona Water Co. v. City of Bisbee, 836 P.2d 389 (Ariz. Ct. App. 1991). · cites it 2× “As the court found in Long: *179 We do not agree with the contention of the Cities and Utilities that the Cities own the sewage effluent.”
In re Gen. Adjudication of all Rights to use Water in the Gila River Sys. & Source, 289 P.3d 936 (Ariz. 2012). “The right to use surface water and sub-flow is governed by the doctrine of prior appropriation, §§ 45-141, -251(7), meaning the first to divert water and put it to beneficial use has priority against later diverters, § 45-151. See Ariz. Const. art. 17; In re the Gen.”
adwr/freeport v. Hon. mcclennen/mohave Cnty. (Ariz. 2015). · cites it 2× “” A.R.S. § 45-151(A). Applications for the appropriation of water are submitted to ADWR, which is directed to reject an application if it “or the proposed use conflicts with vested rights, is a menace to public safety, or is against the interests and welfare of the public.”
adwr/freeport v. Hon. mcclennen/mohave Cnty. (Ariz. 2015). · cites it 2× “” A.R.S. § 45-151(A). Applications for the appropriation of water are submitted to ADWR, which is directed to reject an application if it “or the proposed use conflicts with vested rights, is a menace to public safety, or is against the interests and welfare of the public.”
— Ariz. Rev. Stat. § 45-151(A) — 9 cases
Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989). “§ 45-188 provides: Any person entitled to divert or withdraw public waters of the state through an appropriation authorized under § 45-151, court decree, previous possession or continued beneficial use who abandons the use thereof, or who voluntarily fails, without sufficient…”
Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). “” A.R.S. § 45-151(A) (2003). In addition, the surface waters of lakes, ponds, or streams, are subject to appropriation and beneficial use.”
West Maricopa Combine, Inc. v. Arizona Dep't of Water Resources, 26 P.3d 1171 (Ariz. Ct. App. 2001). “See A.R.S. § 45-151(A) (1994). lOK’s reading of A.”
In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 35 P.3d 68 (Ariz. 2001). “¶ 4 Prior appropriation adheres to a seniority system determined by the date on which the user initially puts water to a beneficial use.”
Davis v. Agua Sierra Resources, L.L.C., 174 P.3d 298 (Ariz. Ct. App. 2008). “, A.R.S. §§ 45-151(A) (2003) (unappropriated water may be appropriated for domestic, municipal, irrigation or other uses; first to appropriate “shall have the better right”); -152 (2003) (anyone intending to acquire the right to beneficial use of water shall apply for permit to…”
— Ariz. Rev. Stat. § 45-151(B) — 1 case
West Maricopa Combine, Inc. v. Arizona Dep't of Water Resources, 26 P.3d 1171 (Ariz. Ct. App. 2001). “See A.R.S. § 45-151(A) (1994). lOK’s reading of A.”
— Ariz. Rev. Stat. § 45-151(D) — 1 case
San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “A.R.S. § 45-151 (D) providing that the availability of alternative sources of water does not affect a surface water right.”
— Ariz. Rev. Stat. § 45-151(E) — 2 cases
San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “A.R.S. § 45-151 (D) providing that the availability of alternative sources of water does not affect a surface water right.”
Arizona Dep't of Water Resources v. McClennen, 360 P.3d 1023 (Ariz. 2015). “This argument fails because requiring public notice about pending applications is not inconsistent with limiting objections to those who have interests protected by § 45-172(A), and the latter group is not necessarily limited only to those who currently hold permits or…”
— Ariz. Rev. Stat. § 45-151(F) — 1 case
San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “A.R.S. § 45-151 (D) providing that the availability of alternative sources of water does not affect a surface water right.”
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