GENERAL DESCRIPTION OF ADJUDICATIONS PROGRAM

A general stream adjudication is a judicial proceeding in which the nature, extent, and relative priority of water rights is determined.  As required by statute, ADWR provides technical and administrative support to the adjudication court and special master, “in all aspects of the general adjudication with respect to which the director possesses hydrological or other expertise.”  A.R.S. § 45-256(A).  The Statewide Planning and Resources Division provides technical support for the adjudication through the investigations of claims for water rights and preparation of technical reports.  Legal Services Division represents ADWR before the adjudication court and the special master, and assists with the preparation of technical reports and provides information as requested.

There are two general stream adjudications in the state, the Gila River System and Source (Gila Adjudication) and the Little Colorado River System and Source (LCR Adjudication).  The exterior boundaries of these two adjudications include more than half the state, where most of the Indian reservations and federal land are located.  There are nearly 30,000 parties in the Gila Adjudication and nearly 5,000 parties in the LCR Adjudication.  A party is a person or entity that has filed one or more claims to water rights in the adjudication (Statement of Claimant or SOC).  On behalf of federal non-Indian lands alone, the United States has filed over 15,000 claims.

ADWR is the technical arm of the Superior Court in cases involving adjudication of water rights within the Gila and Little Colorado River systems and other matters. The Court asked for an assessment of ADWR's resources currently devoted to adjudications tasks, along with an estimate of additional resources that may be needed in the future.

To view the reports submitted to the Court:
    - Click here for the Maricopa County Superior Court report
    - Click here for the Apache County Superior Court report

Hydrographic Survey Reports

By statute, ADWR is required to prepare and publish comprehensive Hydrographic Survey Reports (HSRs) for each of the ten watersheds within the two adjudications.  HSRs are multivolume publications that involve intensive data collection and field inspection efforts by ADWR, including detailed information regarding land ownership, hydrology, and the factual basis for each SOC, and ADWR’s recommendations regarding the water rights attributes for each individual water right claim or use investigated.

For each HSR, ADWR prepares a preliminary and a final draft.  Generally, at least two to three years are required to prepare the preliminary HSR, with another year or more to review comments and prepare a final HSR.  ADWR must provide notice of the filing of the preliminary HSR to each party and water user within the affected watershed, and notice of the final HSR to each party throughout the affected adjudication area.  ADWR also prepares and publishes to supplements to final HSRs as necessary to update information, and provides additional notice to the parties.  In January 2005, ADWR published the Supplemental Contested Case HSR for Phelps Dodge’s claims to Show Low Lake. A list of preliminary, final, and supplemental HSRs can be accessed by clicking here.

Other Reports

ADWR also prepares and publishes technical reports on specific issues or factual matters within the adjudications, such as Indian water rights settlements, the Globe Equity 59 Decree, de minimis water uses, inventory of uses within the Santa Cruz River watershed, the determination of subflow, comments on procedural issues, and status reports.  A list of technical reports authored by ADWR can be accessed by clicking here.

Data Bases

ADWR maintains and updates SOC information, including names and addresses of the parties to the adjudications, the location and nature of claims, property records and payment of filing fees that are forwarded to either the Maricopa County Court (Gila Adjudication) or the Apache County Court (LCR Adjudication).  The information is updated as new SOCs are filed, and as existing SOCs are amended or assigned due to changes in property ownership or other changes.  To access copies of SOCs filed in the adjudications, click here.  To access blank SOC forms (including amendments and assignments of SOCs), click here.
 

Summonses

Adjudication summonses were served upon all persons listed in the property tax assessments in each watershed and on all persons in the watershed who had, at any time, any kind of water rights filing on record with ADWR.  Additionally, ADWR conducts an annual search of its records to determine whether new water uses have been initiated within the adjudication areas, and sends new use summons by certified mail to those potential claimants.  Nearly 100,000 SOCs have been filed in the adjudications in response to the original and new use summonses.  Through the end of calendar year 2004, over 85,000 SOCs have been filed in the Gila Adjudication, and over 14,000 SOCs have been filed in the LCR Adjudication.  Click here for the answers to frequently asked questions about new use summons and SOCs.

New Use Summons

ADWR recently sent out a number of New Use Summonses. They are served to new applicants who have filed notices of intent to drill and/or applications for surface water rights between January 1, 2005 and December 31, 2005.

 Looking for forms? Click here.

Central Information Repository

ADWR maintains a Central Information Repository for all data, reports and other information related to the adjudications, which contains thousands of documents.  This information is available to the public and to the parties.
 

Disclosed Documents

Disclosed Documents Input Forms.

• Directions for filling out the index forms.
• Fort Huachuca index form.
• State Trust Lands index form.
  

In Re Fort Huachuca Contested Case

• AWC & ASARCO Initial Disclosure Index.
• AWC & ASARCO First Supplemental Disclosure Index.
• AWC & ASARCO Second Supplemental Disclosure Index.
  
• AWC & ASARCO Third Supplemental Disclosure Index.
  
• Phelps Dodge Initial Disclosure Statement Index.
• Salt River Project Initial Disclosure Index.
• Salt River Project First Supplemental Disclosure Index.
• Salt River Project Second Supplemental Disclosure Index.
• U.S. Department of Justice Initial Disclosure Index.
• U.S. Department of Justice First Supplemental Disclosure Index.
  
• U.S. Department of Justice Second Supplemental Disclosure Index.
• U.S. Department of Justice Third Supplemental Disclosure Index.

In Re San Pedro Riparian National Conservation Area Contested Case

• ASARCO Initial Disclosure Index.
• Phelps Dodge Initial Disclosure Index.
• Salt River Project Initial Disclosure Index.
• U.S. Department of Justice Initial Disclosure Index.

In Re State Trust Lands Contested Case

• APS Initial Disclosure Index.
• APS, Phelps Dodge & RWCD Initial Disclosure Index.
• ASARCO, AWC, City of Prescott, TEP, & Abitibi Consolidated Initial Disclosure Index.
  
• ASARCO, AWC, City of Prescott, TEP, & Abitibi Consolidated First Supplemental Disclosure Index.
• ASARCO, AWC, City of Prescott, TEP, & Abitibi Consolidated Second Supplemental Disclosure.
• BHP Copper Initial Disclosure Index.
• Phelps Dodge Initial Disclosure Index.
• Phelps Dodge First Disclosure Index.
• RWCD Initial Disclosure Index.
  
• SRP Initial Disclosure Index.
• U.S. Department of Justice Initial Disclosure Index.

AZ Water Settlements

• Arizona Water Settlements Act
  
  
• Gila River Indian Community (GRIC) Settlement - Technical Assessment available  
• Gila River Maintenance Area (GMA) Report.
  
• Appendix H Maps 1-10.
  
• Appendix H Maps 11-20.
  
• Appendix H Maps 21-30.
  
• Appendix H Maps 31-40.
  
• Appendix H Maps 41-45.
   
• Zuni Settlement - Technical Assessment available
   
• SAWRSA Documents - Technical Assessment now available
   

More Information

Frequently Asked Questions Regarding New Use Summonses and Statements of Claimant

Last updated Tuesday, March 11, 2008