45-141. Public nature of waters of the state;
beneficial use; reversion to state; actions not constituting
abandonment or forfeiture
A. The waters of all sources, flowing in streams, canyons, ravines or other natural
channels, or in definite underground channels, whether perennial or intermittent, flood,
waste or surplus water, and of lakes, ponds and springs on the surface, belong to the
public and are subject to appropriation and beneficial use as provided in this chapter.
B. Beneficial use shall be the basis, measure and limit to the use of water. An
appropriator of water is entitled to beneficially use all of the water appropriated on
less than all of the land to which the water right is appurtenant, and this beneficial
use of the water appropriated does not result in the abandonment or forfeiture of all or
any portion of the right.
C. Except as otherwise provided in this title or in title 48, when the owner of a
right to the use of water ceases or fails to use the water appropriated for five
successive years, the right to the use shall cease, and the water shall revert to the
public and shall again be subject to appropriation. This subsection or any other
statutory forfeiture by nonuse shall not apply to a water right initiated before June 12,
1919.
D. Underground water storage, pursuant to chapter 3.1 of this title, for future
beneficial use of waters appropriated pursuant to this chapter does not constitute an
abandonment or forfeiture.
E. The following water exchange arrangements or substitutions do not constitute an
abandonment or forfeiture of all or any portion of a right to use surface water:
1. Exchanging surface water for groundwater, effluent, Colorado river water,
including water delivered through the central Arizona project, or another source of
surface water pursuant to chapter 4 of this title.
2. Substituting groundwater, effluent, Colorado river water, including water
delivered through the central Arizona project, or another source of surface water for
surface water.
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