Surface Water

Pursuant to Arizona Revised Statute (“A.R.S.”) § 45-189.01, “a person who is entitled to the use of [surface] water may file with the director [of the Arizona Department of Water Resources (“Department”)] a water conservation plan notice.” Pursuant to A.R.S. § 45-189.01(B), Upon “filing a water conservation plan notice, the conservation of water pursuant to the plan does not constitute an abandonment and forfeiture of the water conserved.” However, “a person may not accrue long-term storage credits for any water that is conserved in a Water Conservation Plan.”

What is a Water Conservation Plan Notice (“Notice”) and why is it important?

In Arizona, surface water is subject to appropriation and beneficial use. If a person who is entitled to use surface water has not put the water to beneficial use, as required by statute, for five or more consecutive years, the water right reverts back to the state.

As of September 29, 2021, filing a Notice with the Department allows a person who is entitled to use surface water to: (1) conserve their water, (2) deems the conservation of their water in a filed Notice as a sufficient cause for non-use of the water, and (3) stipulates that water included in a conservation plan does not constitute abandonment or forfeiture of the water. Water conserved via this method will allow you to be able to resume usage at the end of the notice period, without the chance of the water right being lost.

This conservation tool can help give farmers, ranchers, and other surface water users the flexibility they need to implement practical water conservation measures, while aiming to protect their water rights. Reducing overuse of the entitled water right can help prevent long term erosion of soil conditions on the right owner’s land. This can also improve the water quality for downstream users, habitats, and wildlife.

What is the benefit of filing a Notice?

• The conservation of water, without the possibility of abandonment or forfeiture of the surface water right.
• The Notice is voluntary and temporary in nature, and acts as a protection for surface water right holders.
• Can be in effect for a period of up to 10 years, at the filer’s choice.
• Can file a subsequent Notice before expiration of the designated time and may file subsequent Notices for one or more periods of up to 10 years each to continue conserving water.
• No cost to file.

What level of proof of a surface water right or claim is needed?

• Provide any documents that are available regarding your surface water right or claim that include your registry number.
• Provide proof of ownership of the land the water right or claim is for.
• Provide the legal description of the land.
• Make sure that your records and information are up to date with the Department before filing.

Please be advised that the Department does not review Water Conservation Plan Notices to
determine whether the information provided is accurate, and the Department does not provide
legal advice. However, if you have any questions, comments or requests for assistance
concerning filing procedures you may contact the Department’s Surface Water Permitting Section at [email protected], or (602) 771-8621.

For more information please refer to the Water Conservation Plan Notice Flyer.