Arizona Revised Statutes

Ariz. Rev. Stat. § 45-261 (2026)

Presumption in favor of prior filings and decrees

✓ current as of May 2026

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A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned, the director, the master and the court shall apply the following evidentiary rules in determining the attributes of water rights claimed pursuant to this article:

1. The court shall accept information in an applicable prior decree as prescribed by section 45-257, subsection B, paragraph 1.

2. If information in a prior decree conflicts with information in one or more applicable prior filings, the court shall accept the information in the prior decree as prescribed by section 45-257, subsection B, paragraph 1.

3. If there is no information in any applicable prior filing or decree or if the court finds that information contained in an applicable prior filing regarding a water right attribute is clearly erroneous, the court shall determine the attribute. In making a determination pursuant to this subsection, the court may use the director's report, statement of claimant information, information obtained in claimant interviews, aerial photographs, satellite technology, historical records, maps, technical data or other relevant information in evidence.

B. If there is a conflict in applicable prior filings regarding the ownership of a water right and multiple parties have filed applicable statements of claimant, any claimant may offer that information to support or refute a claim of water right ownership.

C. Section 45-256, subsections D and E apply to the evidentiary weight given to the following determinations made by the director:

1. That information contained in a prior filing is clearly erroneous as it relates to the water right claim or use being investigated.

2. That no water right was initiated or perfected under the applicable federal, state or territorial law.

3. That a water right was forfeited or abandoned.

D. The director's report shall contain the basis for determinations made pursuant to subsection D of this section.

Notes of Decisions

Cited in 2 cases, 1999–2017 · 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 6× “These include: § 45-151(D), (E), and (F), which involve water from alternative sources and rights to water on land owned by the United States; § 45-257(E), which involves the unconstitutional evidentiary presumptions of § 45-261; and § 45-257(F), which requires adjudication of…”

United States v. Verde Ditch (Ariz. Ct. App. 2017). · cites it 2× “” A.R.S. § 45-261(A)(1) (2016). Section 45-257 states the court shall [d]etermine the extent and priority date of and adjudicate any interest in or right to use the water of the river system and source, provided that when rights to the use of water or dates of appropriation have…”

— Ariz. Rev. Stat. § 45-261(A)(1) — 1 case

United States v. Verde Ditch (Ariz. Ct. App. 2017). “” A.R.S. § 45-261(A)(1) (2016). Section 45-257 states the court shall [d]etermine the extent and priority date of and adjudicate any interest in or right to use the water of the river system and source, provided that when rights to the use of water or dates of appropriation have…”

— Ariz. Rev. Stat. § 45-261(A)(2) — 1 case

San Carlos Apache Tribe v. Superior Court, 972 P.2d 179 (Ariz. 1999). “These include: § 45-151(D), (E), and (F), which involve water from alternative sources and rights to water on land owned by the United States; § 45-257(E), which involves the unconstitutional evidentiary presumptions of § 45-261; and § 45-257(F), which requires adjudication of…”

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