45-251

45-251. Definitions

In this article, unless the context otherwise requires:

1. "Domestic use" means a single appropriative water right serving a residence, or
multiple residences up to a maximum of three residential connections, for household
purposes with associated irrigation of lawns, gardens or landscape in an amount of not
more than one-half acre per residence. Domestic use does not include the use of water
delivered to a residence or multiple residences by a city, town, private water
company, irrigation provider or a special taxing district established pursuant to title
48.

2. "General adjudication" means an action for the judicial determination or
establishment of the extent and priority of the rights of all persons to use water in any
river system and source.

3. "Person" means an individual, a partnership, a corporation, a municipal
corporation, the state of Arizona or any political subdivision, the United States of
America, an Indian tribe or a community or any other legal entity, public or private.

4. "Potential claimant" means all persons claiming water rights or on whose behalf
claims to water rights are asserted.

5. "Prior decree" means any judgment or decree entered by a court of competent
jurisdiction that applies to the water right claim or use that is subject to
adjudication.

6. "Prior filing" means a notice of appropriation recorded with the county recorder
or the recorder's predecessor, an application to appropriate filed pursuant to section
45-152, a statement of claim filed pursuant to article 7 of this chapter or a claim of
water right filed pursuant to article 10 of this chapter, any or all of which reasonably
relate to the water right claim or use that is subject to adjudication. For purposes of
the summary adjudication of de minimis uses prescribed by section 45-258, prior filing
includes a statement of claimant filed pursuant to this article.

7. "River system and source" means all water appropriable under section 45-141 and
all water subject to claims based upon federal law.

8. "Small business use" means a single appropriative water right serving one
business, with associated irrigated acreage, if any, in an amount of not more than
one-half acre and a total quantity of use of not more than three acre-feet per year.

9. "Stockpond" means an on-channel or off-channel impoundment of any size that
stores water that is appropriable under section 45-141, subsection A and that is for the
sole purpose of watering livestock and wildlife.

10. "Stock watering use" means the consumption of water by livestock and wildlife,
either:

(a) Directly from a naturally occurring body of water, such as an undeveloped
spring, cienega, seep, bog, lake, depression, sink or stream.

(b) From small facilities, other than a stockpond, that are served by a diversion
of water that is appropriable under section 45-141, subsection A.