45-153. Criteria for approval or rejection of
applications; restrictions on approval
A. The director shall approve applications made in proper form for the
appropriation of water for a beneficial use, but when the application or the proposed use
conflicts with vested rights, is a menace to public safety, or is against the interests
and welfare of the public, the application shall be rejected. An administrative hearing
may be held before the director's decision on the application if the director deems a
hearing necessary.
B. An application may be approved for less water than applied for if substantial
reasons exist but shall not be approved for more water than may be put to a beneficial
use. Applications for municipal uses may be approved to the exclusion of all subsequent
appropriations if the estimated needs of the municipality so demand after consideration
by and upon order of the director.
C. If the director approves an application for the appropriation of water for use
on land owned by the state of Arizona, a permit or certificate shall be issued as
prescribed by section 37-321.01. If the director approves an application for the
appropriation of water for use on land owned by the United States, a permit or
certificate shall be issued as prescribed by section 45-151, subsection E.
D. Section 45-114, subsections A and B govern administrative proceedings, rehearing
or review and judicial review of final decisions of the director under this section.
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