45-151. Right of appropriation; permitted uses;
water rights in stockponds; federal lands
A. Any person, the state of Arizona or a political subdivision thereof may
appropriate unappropriated water for domestic, municipal, irrigation, stock watering,
water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant
to section 45-833.01 or mining uses, for his personal use or for delivery to
consumers. The person, the state of Arizona or a political subdivision thereof first
appropriating the water shall have the better right.
B. To effect the beneficial use, the person, the state of Arizona or a political
subdivision thereof appropriating the water may construct and maintain reservoirs,
storage facilities pursuant to chapter 3.1 of this title, dams, canals, ditches, flumes
and other necessary waterways.
C. A water right in a stockpond, certified pursuant to article 10 of this chapter,
shall be recognized as if such water had been appropriated pursuant to this article.
D. The validity of and the right to exercise a water right obtained in accordance
with state law shall not be diminished, impaired or otherwise affected because other
water is or may be available to the appropriator from an alternative right or source to
satisfy the same use.
E. The right to water appropriated on lands owned by the United States shall be
held by the person who first effects the beneficial use of the water appropriated and by
the person's successor. This subsection shall not be construed to preclude the United
States from being the holder of a right if the United States first effects the beneficial
use.
F. A water source that is located on land owned by the United States and that has
been or may be appropriated under state law may be beneficially used on any land whether
or not owned by the United States.
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