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updated Oct. 12, 2006

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Surface Water Rights

Mission Statement

To ensure a long-term, sufficient, and secure water supply for the State by promoting, allocating, and comprehensively managing in an environmentally and economically sound manner the rights and interests of the State’s surface water resources for the citizens of Arizona.

Surface Water

“Waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwaters, wastewaters, or surplus water, and of lakes, ponds and springs on the surface.”
(Arizona Revised Statutes § 45-101)


Meadow Lake

Public Water Code

Early in its history, Arizona adopted the doctrine of prior appropriation to govern the use of surface water. This doctrine is based on the tenet of “first in time, first in right” which means that the person who first puts the water to a beneficial use acquires a right that is better than later appropriators of the water. Prior to June 12, 1919, a person could acquire a surface water right simply by applying the water to a beneficial use and posting a notice of the appropriation at the point of diversion. On June 12, 1919, the Arizona surface water code was enacted. Now known as the Public Water Code, this law provides that a person must apply for and obtain a permit in order to appropriate surface water.


San Pedro

Types of Surface Water Right filings with the Arizona Department of Water Resources to appropriate or claim water rights

1. Applications for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir (33’s, 4A’s, 3R’s). 
More>> or Form >>

2. Applications for Permit to Appropriate Public Water of the State of Arizona Instream Flow Maintenance (33’s). 
More>> or Form >>

3. Claims of Water Right for a Stockpond and Application for Certification (38’s). 
More>> or Form >>

4. Statements of Claim of Right to Use Public Waters of the State of Arizona (36’s). 
More>> or Form >>

5. Statement of Claimant (39’s). 
More>>
   

Frequently Asked Questions

What is beneficial use?

What quantities of water are considered reasonable for the various beneficial uses?

What needs to be done when purchasing a piece of property that has a surface water right or claim?

Is it possible to use a surface water right or claim at a different location than that listed on the Certificate of Water Right or Statement of Claim?

Is it possible to use a surface water right for a purpose other than that listed on the Certificate of Water Right or Statement of Claim?

How do I amend an Application, Permit, Certificate of Water Right or Claims?

What is the Arizona Department of Water Resources Public Notice Watershed Subscription Service?

Internal Links

Surface Water PowerPoint Presentation (12.9 MB)

Surface Water Right Application Forms

View Surface Water Right Files Online
PowerWeb login screen
(Click the Imaged Records Database link to continue.)

Maps

Request a Database Search
(Form coming soon)

Cadastral Location Explained

External Links

Surface Water Statutes
ARS §§ 45-140 through 45-310

Legislature

Water Quality

Streamflow Gages (USGS)

Adjudication Court

Apache County Assessor

Cochise County Assessor

Coconino County Assessor

La Paz County Assessor

Mohave County Assessor

Pima County Assessor

Santa Cruz County Assessor

Gila County Assessor

Graham County Assessor

Maricopa County Assessor

Navajo County Assessor

Pinal County Assessor

Yavapai County assessor

Yuma County Assessor

Greenlee County Assessor

 

Last Updated: March 31, 2008 12:13 PM

Arizona Department of Water Resources
3550 N. Central Avenue
Phoenix, Arizona 85012

Effective November 28th, 2005, our location & Driving Directions to ADWR
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Phone: (602) 771-8500
Long Distance within Arizona: (800) 352-8488

Copyright © 1998 - 2007 Arizona Department of Water Resources and ADWR Network, All Rights Reserved