Arizona Revised Statutes

Ariz. Rev. Stat. § 45-251 (2026)

Definitions

✓ current as of May 2026

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In this article, unless the context otherwise requires:

1. "Domestic use" means a single appropriative water right serving a residence, or multiple residences up to a maximum of three residential connections, for household purposes with associated irrigation of lawns, gardens or landscape in an amount of not more than one-half acre per residence. Domestic use does not include the use of water delivered to a residence or multiple residences by a city, town, private water company, irrigation provider or special taxing district established pursuant to title 48.

2. "General adjudication" means an action for the judicial determination or establishment of the extent and priority of the rights of all persons to use water in any river system and source.

3. "Person" means an individual, a partnership, a corporation, a municipal corporation, the state of Arizona or any political subdivision, the United States of America, an Indian tribe or a community or any other legal entity, public or private.

4. "Potential claimant" means all persons claiming water rights or on whose behalf claims to water rights are asserted.

5. "Prior decree" means any judgment or decree that is entered by a court of competent jurisdiction and that applies to the water right claim or use that is subject to adjudication.

6. "Prior filing" means a notice of appropriation recorded with the county recorder or the recorder's predecessor, an application to appropriate filed pursuant to section 45-152, a statement of claim filed pursuant to article 7 of this chapter or a claim of water right filed pursuant to article 10 of this chapter, any or all of which reasonably relate to the water right claim or use that is subject to adjudication.

7. "River system and source" means all water appropriable under section 45-141 and all water subject to claims based on federal law.

8. "Small water use claim" means any claim for a stockpond, stock watering use or water well that is identified in a statement of claimant filed in the adjudication pursuant to section 45-254 and the claim is for any of the following specific conditions:

(a) A stockpond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife and that contains water that is appropriable under section 45-141, subsection A.

(b) Any well that is equipped so that it has a maximum pumping capacity of not more than thirty-five gallons per minute.

(c) A stock watering use by livestock and wildlife where the place of stock watering use is either directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream, or from a developed facility that is not a stockpond or reservoir and that is served by a diversion of water that is appropriable under section 45-141, subsection A, including a drinker, trough, pipeline, spring box or other developed facility.

9. "Stockpond" means an on-channel or off-channel impoundment of any size that stores water that is appropriable under section 45-141, subsection A and that is for the sole purpose of watering livestock and wildlife.

10. "Stock watering use" means the consumption of water by livestock and wildlife, either:

(a) Directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream.

(b) From small facilities, other than a stockpond, that are served by a diversion of water that is appropriable under section 45-141, subsection A.

Notes of Decisions

Cited in 15 cases, 1980–2018 · leading case: Est. of braden/gabaldon v. State, 266 P.3d 349 (Ariz. 2011).

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Est. of braden/gabaldon v. State, 266 P.3d 349 (Ariz. 2011). · cites it 8× “§ 44- 140(3) (defining “person” for purposes of student loan statute as “individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity”); A.R.S. § 45-251(3) (defining “person” for…”

In Re the Rights Ex Rel. Gila River, 830 P.2d 442 (Ariz. 1992). · cites it 12× “Accordingly, the original petition by SRVWUA was transferred from SLD to the Maricopa County Superior Court, where it was consolidated with other petitions filed under A.R.S. §§ 45-251 to 45-260 for general adjudications of water rights in the Salt, Verde, and San Pedro Rivers,…”

United States v. Super. Ct. in & for Maricopa Cty., 697 P.2d 658 (Ariz. 1985). · cites it 7× “§§ 45-231 to 45-245 (now repealed and superseded by A.R.S. §§ 45-251 to 45-260) by filing a petition to determine conflicting water rights.”

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 7× “”) §§ 45-251(2), 252(A); see also 43 U.S.C. § 666 (1982).”

In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 127 P.3d 882 (Ariz. 2006). · cites it 3× “See A.R.S. §§ 45-251 to -264. The Gila River general stream adjudication began in 1981 when we ordered a series of petitions consolidated into a single proceeding.”

San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). · cites it 3× “In 1979, those statutes were repealed and superseded by A.R.S. §§ 45-251 to 45-260. Id. In accordance with the statutory changes, Salt River’s administrative proceeding was transferred to Maricopa County Superior Court, where it was consolidated with other petitions for…”

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 4× “We have jurisdiction pursuant to A.R.S. § 45-252 and Ariz.”

In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 9 P.3d 1069 (Ariz. 2000). “See also § 45-251(7). In sum, this is not an area in which we must await or necessarily defer to legislative action.”

Yavapai-Apache Nation v. Fabritz-Whitney, 260 P.3d 299 (Ariz. Ct. App. 2011). · cites it 2× “B (allowing subdivision of property only upon showing that subdivider has certificate of assured water supply or the surrounding city is designated as having an assured water supply).”

Silver v. Pueblo Del Sol Water Co., 384 P.3d 814 (Ariz. Ct. App. 2016). · cites it 2× “”) (internal quotation marks omitted) (citing A.R.S. §§ 45-251(2), - 252(A)); 26 U.S. v.”

Salt River Pima-Maricopa Indian Cmty. v. Arizona, 484 F. Supp. 778 (D. Ariz. 1980). “] Section 45-101 and all water subject to claims based upon federal law.”

Havasupai Tribe v. Anasazi Water Co., 321 F.R.D. 351 (D. Ariz. 2017). · cites it 2× “” A.R.S. § 45-251. As explained by the Complaint, the Havasupai assert that their right to the water contained in the R-Aquifer stems from their federally-reserved water rights, which include rights to groundwater.”

Show all 15 citing cases →

— Ariz. Rev. Stat. § 45-251(2) — 3 cases

In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 989 P.2d 739 (Ariz. 1999). “”) §§ 45-251(2), 252(A); see also 43 U.S.C. § 666 (1982).”

Silver v. Pueblo Del Sol Water Co., 384 P.3d 814 (Ariz. Ct. App. 2016). “”) (internal quotation marks omitted) (citing A.R.S. §§ 45-251(2), - 252(A)); 26 U.S. v.”

Robin Silver v. Pueblo Del Sol Water Co, 423 P.3d 348 (Ariz. 2018).

— Ariz. Rev. Stat. § 45-251(3) — 1 case

Est. of braden/gabaldon v. State, 266 P.3d 349 (Ariz. 2011). “§ 44- 140(3) (defining “person” for purposes of student loan statute as “individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity”); A.R.S. § 45-251(3) (defining “person” for…”

— Ariz. Rev. Stat. § 45-251(4) — 2 cases

In Re the Gen. Adjudication of All Rights to Use Water in the Gila River Sys. & Source, 989 P.2d 739 (Ariz. 1999). “”) §§ 45-251(2), 252(A); see also 43 U.S.C. § 666 (1982).”

In re the Gen. Adjudication of All Rights to Use Water In the Gila River Sys. & Source, 857 P.2d 1236 (Ariz. 1993). “We have jurisdiction pursuant to A.R.S. § 45-252 and Ariz.”

— Ariz. Rev. Stat. § 45-251(5) — 2 cases

Salt River Pima-Maricopa Indian Cmty. v. Arizona, 484 F. Supp. 778 (D. Ariz. 1980). “] Section 45-101 and all water subject to claims based upon federal law.”

United States v. Verde Ditch (Ariz. Ct. App. 2017).

— Ariz. Rev. Stat. § 45-251(7) — 1 case

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