Ariz. Rev. Stat. » Title 49
Arizona Revised Statutes

Ariz. Rev. Stat. § 49-323 (2026)

Appeals to the board; judicial review

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

49-323. Appeals to the board; judicial review

A. An appeal to the appeals board may be taken from any grant, denial, modification or revocation of any individual permit issued under this chapter, from any issuance, denial or revocation of a determination pursuant to section 49-241, subsections B and C or from the establishment of numeric values and data gap issues for pesticides pursuant to sections 49-303 and 49-304, by any person who is adversely affected by the action or by any person who may with reasonable probability be adversely affected by the action and who has exercised any right to comment on the action as provided in section 41-1092.03.  Any interested person may intervene in the appeal as a matter of right. The board shall hold a hearing if questions of material fact are at issue in the appeal. Notice and hearing procedures are subject to title 41, chapter 6, article 10.

B. Final decisions of the board are subject to appeal to superior court pursuant to title 12, chapter 7, article 6.  For the benefit of the people of this state, appeals under this section have precedence, in every court, over all other civil proceedings.  The presiding judge for the county in which the appeal has been made shall assign the appeal to the appropriate judge designated by the chief justice of the supreme court pursuant to section 45-406 to hear appeals relating to groundwater.

Notes of Decisions
Cited in 3 cases, 1994–2014 · leading case: Watahomigie v. Arizona Bd. of Water Quality Appeals, 887 P.2d 550 (Ariz. Ct. App. 1994).
Sort: Relevance Newest Treatment
Watahomigie v. Arizona Bd. of Water Quality Appeals, 887 P.2d 550 (Ariz. Ct. App. 1994). · cites it 31× “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Watahomigie v. Bd. of Water Quality App., 887 P.2d 550 (Ariz. Ct. App. 1994). · cites it 34× “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Florence v. State (Ariz. Ct. App. 2014). · cites it 4× “A.R.S. § 49-323(A) (emphasis added). The legislature specifically designated the Water Quality Appeals Board as the appropriate body to hear appeals of all issues relating to the grant of an individual permit issued under Chapter 2—including all APPs.”
— Ariz. Rev. Stat. § 49-323(A) — 3 cases
Watahomigie v. Arizona Bd. of Water Quality Appeals, 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Watahomigie v. Bd. of Water Quality App., 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Florence v. State (Ariz. Ct. App. 2014). “A.R.S. § 49-323(A) (emphasis added). The legislature specifically designated the Water Quality Appeals Board as the appropriate body to hear appeals of all issues relating to the grant of an individual permit issued under Chapter 2—including all APPs.”
— Ariz. Rev. Stat. § 49-323(B) — 3 cases
Watahomigie v. Arizona Bd. of Water Quality Appeals, 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Watahomigie v. Bd. of Water Quality App., 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Florence v. State (Ariz. Ct. App. 2014). “A.R.S. § 49-323(A) (emphasis added). The legislature specifically designated the Water Quality Appeals Board as the appropriate body to hear appeals of all issues relating to the grant of an individual permit issued under Chapter 2—including all APPs.”
— Ariz. Rev. Stat. § 49-323(C) — 2 cases
Watahomigie v. Arizona Bd. of Water Quality Appeals, 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Watahomigie v. Bd. of Water Quality App., 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
— Ariz. Rev. Stat. § 49-323(D) — 2 cases
Watahomigie v. Arizona Bd. of Water Quality Appeals, 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Watahomigie v. Bd. of Water Quality App., 887 P.2d 550 (Ariz. Ct. App. 1994). “Thus, a directory construction allows the Board to adopt rules governing the contents of the notice of appeal after the January 1, 1988 legislative target date.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.