Frequently Asked Questions
What is the Mission of the Surface Water Permitting Section?
To ensure a long-term, sufficient, and secure water supply for the State by promoting, allocating and comprehensively managing, in an environmentally and economically sound manner, the rights and interests of the State’s surface water resources for the citizens of Arizona.
What is the definition of surface water?
Arizona Revised Statutes (A.R.S.) § 45-141 defines surface water as “(t)he waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwaters, wastewaters, or surplus water, and of lakes, ponds and springs on the surface…”
How is surface water governed?
Early in its history, Arizona adopted the doctrine of prior appropriation to govern the use of surface water. This doctrine is based on the tenet of “first in time, first in right” which means that the person who first puts the water to a beneficial use acquires a right that is senior to later appropriators of the water. Prior to June 12, 1919, a person could acquire a surface water right simply by applying the water to a beneficial use and posting a notice of the appropriation at the point of diversion. On June 12, 1919, the Arizona Surface Water Code was enacted. Now known as the Public Water Code, this law provides that a person must apply for and obtain a permit and certificate to appropriate (use) surface water.
What is beneficial use?
The Public Water Code provides that beneficial use shall be the basis, measure and limit to the use of water within the state. A.R.S. § 45-151(A) defines beneficial uses as “…domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45-833.01 or mining uses…”
What types of applications are filed with the Arizona Department of Water Resources (The Department) to obtain the right to divert and use surface water or claim water rights?
There are four types of applications. They are:
A. Application for Permit to Appropriate Public Water or to Construct a Reservoir in the State of Arizona (Application number begins with a 33, 4A or 3R prefix).
Filing an Application for Permit to Appropriate Public Water or to Construct a Reservoir in the State of Arizona is the first step in obtaining a surface water right and, if approved, results in the issuance of a permit which authorizes the construction of the necessary works to capture or divert surface water and put it to beneficial use. The permit holder has two years to begin construction of the diversion works and up to 5 years to put the water to beneficial use.
Upon evidence that that the works have been constructed and the water has been put to beneficial use the permit holder files an Application for Certificate of Water Right which is the second and final step in obtaining a surface water right and culminates, if approved, in the issuance of a certificate of water right evidencing a perfected surface water right.
All permits and certificates are endorsed with a priority date that relates back to the filing date of the application. These permits and certificates are for specific uses at specific places and list the extent and purpose of the right.
A.R.S. § 45-151, et seq.
B. Application for Permit to Appropriate Public Water for Instream Flow Purposes (Application number begins with a 33 prefix).
Filing an Application for Permit to Appropriate Public Water for Instream Flow Purposes is the first step in obtaining a surface water right for the purposes of recreation and/or wildlife, including fish, in a specific stream reach without diverting the water from the stream and, if approved, results in the issuance of a permit. The applicant must submit a minimum of five years of streamflow measurement data at the time the application is filed. The permit holder has four years to demonstrate that the instream flow water right is being used in a manner consistent with the terms of the permit.
The second and final step in obtaining an instream flow surface water right is filing an Application for Certificate of Water Right for Instream Flow Purposes which culminates, if approved, in the issuance of a certificate of water right for instream flow purposes evidencing a perfected surface water right.
All permits and certificates are endorsed with a priority date that relates back to the filing date of the application. These permits and certificates are for specific uses at specific places and list the extent and purpose of the right.
A.R.S. § 45-152.01, et seq.
C. Claim of Water Right for a Stockpond and Application for Certification (Application number begins with a 38 prefix).
The Stockpond Registration Act of 1977 provides that an owner of a stock pond has a valid water right in the stock pond and is eligible to file a Claim of Water Right for a Stockpond and Application for Certification upon evidence that the stock pond was constructed after June 12, 1919, and prior to August 27, 1977, used exclusively for watering of livestock and/or wildlife, has a maximum capacity of 15 acre-feet and was not the subject of water rights litigation or protest prior to August 27, 1977.
The Department issues a Certificate of Water Right if it finds that the facts stated in the claim are true and entitle the claimant to a water right for the stock pond.
If the claim was filed prior to March 17, 1996, the priority date on the certificate will be the date of construction, otherwise, the priority date is the date the claim was filed with the Department.
A.R.S. § 45-271, et seq.
D. Statement of Claim of Rights to Use Public Waters of the State of Arizona.
A Statement of Claim of Right to Use Public Waters of the State of Arizona under the Water Rights Registration Act may be filed by a person who before March 17, 1995, was using and claimed the right to use public waters of the state based on state law. The act of filing a Statement of Claim does not create a water right nor does it constitute an adjudication of the claim; no judicial determination regarding the right and priorities of the claimant has been made.
A.R.S. § 45-181, et seq.
Can a certificate of water right or claim be changed?
A. Application to Sever and Transfer a Water Right or Claim
A change in the place of use of a surface water right is referred to as a “severance and transfer” of a right. The severance and transfer may also involve the transfer of ownership, changes in beneficial uses, and point of diversion. The applicant must obtain the approval of the irrigation district, agricultural improvement district, or water users’ association if water is used on land within their boundaries or is in the same watershed or drainage area. This approval must be submitted with the application. An applicant must obtain the approval of the Director of the Department to sever and transfer a surface water right or claim.
A.R.S. § 45-156 (B).
B. Application for Change in Beneficial Use
A person may change an existing beneficial use to a different beneficial use by filing a “Change of Use” application with the Department. In most cases, the user may not be changed without the approval of the Director. If the change contemplates generating hydroelectric energy or power of over 25,000 horsepower, approval will not be granted unless authorized by an act of the Legislature, A.R.S. § 45-156 (B). When a change in use has been affected, the new use retains the same priority date as the old use.
A person may add a new beneficial use only by applying for and obtaining a permit to appropriate the water for the new use. The application will be processed in the same manner as any other permit to appropriate surface water and the priority date of the new water right will be the date the application was filed.
C. Amendments
Amendments are reviewed on a case by case basis and must be made on official amendment forms.
What is the public notice watershed subscription service?
For applications subject to public notice, the Department will post a copy of the public notice online on the Department’s website and provide email notification to subscribers of the Public Notice Watershed Subscription Service. To subscribe to the service, a Public Notice Subscription Service Form may be completed and submitted online (See: Online Notice Subscription List ). Or it may be mailed to the Department at 1110 W. Washington Street, Suite 310, Phoenix, AZ 85007, Attention: Surface Water Permitting Unit.
What needs to be done when a person purchases a piece of property that has a Surface Water Right or Claim?
The Department maintains a registry of applications, permits, and certificates of water rights. An Application for Request for Assignment and Reissuance of Permits and Certificates should be filed by any person who conveys real property to which a water right, claim, or filing is associated and who intends to assign the water right, claim or filing to the new owner.
A person who has purchased or is purchasing real property may contact the Department or go to Surface Water Queries to learn what (if any) water rights, claims or filings are associated with the land. This is accomplished by providing a legal description that includes the section, township, and range.
A.R.S. § 45-163, et seq.
How do I find the legal description of my property?
The term legal description refers to a method of locating land by a rectangular coordinate system commonly known as the Public Lands Survey. Much of Arizona has been mapped using this system. Legal descriptions include sections, townships, and ranges and may be found on deeds to properties. A person may also contact the county assessor’s office for the county in which the land is located to obtain the legal description to their property. Please see Surface Water Helpful Links for county information.