45-182

45-182. Claim of right to withdraw, divert or
use public waters; exception; administration by director of water
resources

A. Except as provided by subsections B and E of this section, all persons who
before the effective date of this amendment to this section were using and claiming the
right to withdraw or divert and make beneficial use of public waters of the state based
on state law shall file not later than ninety days before the date of the filing of the
director's final report pursuant to section 45-256 for the subwatershed in which the
claimed right is located a statement of claim for each water right asserted, on a
prescribed form. The filing by any person on behalf of its members or users shall
constitute the required filing of the individual users under this section.

B. The requirement of the filing of a statement of claim shall not apply to any of
the following:

1. Any water rights issued pursuant to a permit or certificate issued pursuant to
law.

2. Rights acquired to the use of the mainstream waters of the Colorado river.

3. Rights acquired or validated by contract with the United States of America,
court decree or other adjudication.

4. Rights to the use of public waters of the state that are determined to be de
minimis pursuant to section 45-258.

C. The director succeeds to the administration of this article and may adopt such
rules as may be necessary to do so. Such rules supersede those previously adopted by the
state land department and the Arizona water commission relating to this article.

D. A person who before the effective date of this amendment to this section was
using and claimed the right to withdraw or divert and make beneficial use of public
waters of the state based on state law and who is exempt from filing pursuant to
subsection B of this section is permitted to file a statement of claim of right under
this article for each water right asserted not later than ninety days before the date of
filing of the director's final report pursuant to section 45-256 for the subwatershed or
federal reservation in which the claimed right is located. Any statement of claim of
right filed pursuant to this section may be amended at any time prior to ninety days
before the filing of the director's final report pursuant to section 45-256 for the
subwatershed or federal reservation in which the claimed right is located.

E. Water right claims may be asserted under this article for uses, diversions or
withdrawals of public waters of the state based on state law and initiated at any time
before the effective date of this amendment to this section. A claim may not be asserted
under this article for uses, diversions or withdrawals of public waters of the state
initiated on or after the effective date of this amendment to this section. Any person
who before the effective date of this amendment to this section filed a statement of
claim for a water right under this article is not required to file another statement of
claim for the same water right after the effective date of this amendment to this
section.