Arizona Revised Statutes

Ariz. Rev. Stat. § 45-153 (2026)

Criteria for approval or rejection of applications; restrictions on approval

✓ current as of May 2026

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A. The director shall approve applications made in proper form for the appropriation of water for a beneficial use, but when the application or the proposed use conflicts with vested rights, is a menace to public safety, or is against the interests and welfare of the public, the application shall be rejected. An administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary.

B. An application may be approved for less water than applied for if substantial reasons exist but shall not be approved for more water than may be put to a beneficial use. Applications for municipal uses may be approved to the exclusion of all subsequent appropriations if the estimated needs of the municipality so demand after consideration by and upon order of the director.

C. If the director approves an application for the appropriation of water for use on land owned by the state of Arizona, a permit or certificate shall be issued as prescribed by section 37-321.01.

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.

Notes of Decisions

Cited in 6 cases, 1999–2018 · 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 4× “A.R.S. § 45-153(0 involving permits and certificates issued under § 37-321.”

Arizona Dep't of Water Resources v. McClennen, 360 P.3d 1023 (Ariz. 2015). · cites it 5× “” A.R.S. § 45-153(A). ¶ 11 A water right is protected in various ways, see, e.”

Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). · cites it 2× “See A.R.S. § 45-153(B). The allowance of an in-stream right for wildlife, fish, and recreation is more in harmony with this principle than requiring a diversion, since it would not require the removal of available water from the watercourse.”

adwr/freeport v. Hon. mcclennen/mohave Cnty. (Ariz. 2015). · cites it 4× “” A.R.S. § 45-153(A). 4 ADWR V. MCCLENNEN (MOHAVE CO.”

Paloma v. Srvwua (Ariz. Ct. App. 2018). · cites it 2× “" Compare A.R.S. § 45-153(A) (current statute), with 1919 Code, 1919 Ariz.”

— Ariz. Rev. Stat. § 45-153(A) — 4 cases

Arizona Dep't of Water Resources v. McClennen, 360 P.3d 1023 (Ariz. 2015). “” A.R.S. § 45-153(A). ¶ 11 A water right is protected in various ways, see, e.”

adwr/freeport v. Hon. mcclennen/mohave Cnty. (Ariz. 2015). “” A.R.S. § 45-153(A). 4 ADWR V. MCCLENNEN (MOHAVE CO.”

Paloma v. Srvwua (Ariz. Ct. App. 2018). “" Compare A.R.S. § 45-153(A) (current statute), with 1919 Code, 1919 Ariz.”

— Ariz. Rev. Stat. § 45-153(B) — 1 case

Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). “See A.R.S. § 45-153(B). The allowance of an in-stream right for wildlife, fish, and recreation is more in harmony with this principle than requiring a diversion, since it would not require the removal of available water from the watercourse.”

— Ariz. Rev. Stat. § 45-153(C) — 1 case

San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “A.R.S. § 45-153(0 involving permits and certificates issued under § 37-321.”

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