Section 13: Water Law and Land Descriptions Flashcards
Water Law And Land Descriptions:
_________:
* Protects and enhances Arizona’s water supply for current and future generations.
Arizona Department of Water Resources (ADWR)
Water Law And Land Descriptions:
Arizona Department of Water Resources (ADWR):
IMPORTANT: Following up on the previous section, this section talks about the WATER SUPPLY - NOT the water quality but the SUPPLY of water. Big Difference. Be sure to watch for trick questions on the exams when asked about water: is it _________ or_________ they are asking!?
NOTE: Notice the word “WATER” is in the title of the Agency! This will come in useful later on!
Quality or Supply
Water Law And Land Descriptions:
Potable vs Non Potable Water:
* _________:
Water that is approved for drinking and human consumption.
Potable Water
Water Law And Land Descriptions:
Potable vs Non Potable Water:
* _________:
Water that is not treated and not approved for drinking, DO NOT DRINK.
Non-Potable
Water Law And Land Descriptions:
Sources of Water in Arizona:
* _________:
Water UNDER the surface.
- This is water in the underground water aquifers where water is naturally stored.
Groundwater
Water Law And Land Descriptions:
Sources of Water in Arizona:
* _________:
Water ON the surface.
o IMPORTANT: Colorado River is Surface Water.
o Reservoirs Storage Systems (Lake Pleasant, Saguaro) are also Surface Waters.
Surface Water
Water Law And Land Descriptions:
Sources of Water in Arizona:
Renewable Sources:
o _________:
A massive water diversion project that takes water from the Colorado River (Lake Havasu) and diverts it to the Tucson area via canals and pumps.
Central Arizona Project (CAP)
Water Law And Land Descriptions:
Sources of Water in Arizona:
Renewable Sources:
o _________:
Under Central Arizona Project (CAP), three counties have their underground water (aquifers) replenished by pumping water back into the ground from the Colorado River and same canal system.
NOTE: If you drive around Arizona, you will surely cross over these canal systems that are used to deliver water all the way from the Colorado river where it is pumped back into the ground in Central Arizona, thus assuring 100 years of water supply to those residents who are depending on the underground water.
Central Arizona Groundwater Replenishment District (CAGRD)
Water Law And Land Descriptions:
Sources of Water in Arizona:
Renewable Sources:
o _________:
Reclaimed (treated) waste water
Treated waste water that can be used for agriculture, golf courses, etc.
Effluent
Water Law And Land Descriptions:
Water Users:
* _________
* _________
* _________
* _________ (cities, towns, water districts)
* Private _________ Companies
* _________ [Golf Courses, Lake Developments, and Recreational Facilities]
Agriculture
Industrial
Domestic
Municipal
Water
Special Users
Water Law And Land Descriptions:
Water Users:
Private Water Companies:
* IMPORTANT: Many rural properties don’t have a private well or access to city water, so they buy water from trucks or other private water companies. They usually store the water in holding tanks above/below ground.
IMPORTANT: This is known as ‘_________.’
Hauled Water
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
* _________:
Applies to Flowing Waters, Rivers, and Streams.
Riparian Rights
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
Land owners of land along flowing waters have the _________ to use the water.
o IMPORTANT: Remember the “R” in Riparian = Rivers.
Right
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
o Land owners may NOT _________ or _________ the flow of water.
Disrupt or Contaminate
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
_________:
Water than can be used for commerce (used by a commercial vessel).
Navigable Waterway
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
Owners of land along the body of water only own up to the average HIGH of the _________.
Water Mark
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
_________:
The Shoreline.
Water Mark
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
IMPORTANT: Only Navigable Waterway in Arizona is the _________.
Colorado River
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
o _________:
Not large enough to accommodate commercial vessels (commerce).
o Owners of land along the body of water own the land up to the center of the underwater waterway.
Non-Navigable Waterway
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
o Non-Navigable Waterway:
o Owners of land along the body of water own the land up to the center of the _________ waterway.
Underwater
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
* _________:
Applies to Non-Flowing water (oceans and seas, navigable lakes).
o Landowners of land that borders non-flowing waters may have full enjoyment of the water
o They only own the land up to the water’s average high watermark - the shore.
Littoral Rights
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
* Littoral Rights:
o Landowners of land that borders _________ waters may have full enjoyment of the water.
Non-Flowing
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
* Littoral Rights:
o They only own the land up to the water’s average high _________.
Watermark [The Shore]
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
* Littoral Rights:
o IMPORTANT: There are _________ in Arizona
- Ex. Great Lakes of MI, Ocean states etc.
None
Water Law And Land Descriptions:
Land Ownership And Water - Riparian Rights vs Littoral Rights:
* Littoral Rights:
These water rights extend to the Average _________!
High-Water Mark
Water Law And Land Descriptions:
Land Ownership And Water - What if the shoreline changes?
* _________:
Recession of water that exposes increased land.
Reliction
Water Law And Land Descriptions:
Land Ownership And Water - What if the shoreline changes?
* _________:
Increase in land by sediment in the water. The new land becomes property of landowner.
Accretion
Water Law And Land Descriptions:
Land Ownership And Water - What if the shore line changes?
_________:
The actual particles (sand, mud, etc) that create the new shore line.
Alluvion
Water Law And Land Descriptions:
Land Ownership And Water - What if the shore line changes?
_________:
A loss of land as a result of erosion.
Avulsion
Water Law And Land Descriptions:
Land Ownership And Water - What if the shoreline changes?
_________:
The process of earth being worn away by fluid or wind.
Ex. Grand Canyon was formed by this process.
Erosion
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
* _________:
This Doctrine that governs the use of surface water.
* Commonly referred to as “First in Time, First in Line”.
Doctrine of Prior Appropriation
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
- Commonly referred to as “First in Time, First in Line”
* Surface water use _________ are required.
Permits
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
- Commonly referred to as “First in Time, First in Line”
* Surface water use rights must be maintained every _________ Years at minimum.
* If use is not made in this time period, the rights revert to the state.
5 Years
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
- Commonly referred to as “First in Time, First in Line”
o _________ to 1919, the first person to put the water to beneficial use and post a notice acquired the right to use it.
Prior
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
- Commonly referred to as “First in Time, First in Line”
o _________1919, the Arizona ‘Surface Water’ Code (Public Water Code) required a person to obtain a permit to use surface water.
After
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
- Commonly referred to as “First in Time, First in Line”
IMPORTANT: The _________ permit holder has the right of first use of the water.
Oldest
Water Law And Land Descriptions:
The Doctrine of Prior Appropriation:
- Commonly referred to as “First in Time, First in Line”
IMPORTANT: May not _________ the water upstream.
Block
Water Law And Land Descriptions:
Quiz:
Owners of land that border the Colorado River have _________ water rights.
Riparian
Water Law And Land Descriptions:
Case Study:
What is an example of something that effluent water would be used for?
Effluent or Reclaimed (treated) wastewater can be used for agriculture, golf courses, etc.
Water Law And Land Descriptions:
Case Study:
Two farmers live on opposite sides of a large pond. Where does each of their property ownership stop?
They own up to the middle of the pond as it is a non-navigable waterway and is a shared property between neighbors.
Water Law And Land Descriptions:
Case Study:
List some water users:
The following are a few water users.
* Agriculture
* Industrial
* Domestic
* Municipal (cities, towns, water districts)
* Private water companies
Water Law And Land Descriptions:
Case Study:
What type of water law does not exist in Arizona? Why?
Non-flowing water (oceans and seas, navigable lakes) law does not exist in Arizona. Landowners of land that borders non-flowing waters may have full enjoyment of the water.
Water Law And Land Descriptions:
Quiz:
An example of a navigable waterway in the state of Arizona would be:
Lake Powell
Colorado River
Lake Mead
Salt River
Colorado River
Water Law And Land Descriptions:
Quiz:
This document governs the rights of Surface Water in Arizona:
Doctrine of Prior Appropriation
Irrigation Succession Doctrine
Water Grant Act of 1919
First in Time Hypothecation Rights
Doctrine of Prior Appropriation
Water Law And Land Descriptions:
Quiz:
Effluent water would most likely be used for:
Water treated by percolation
Water used by Private Water Hauling companies
Water destined for above ground reservoirs in reserve of CAP
Water used for palm trees irrigation water next to a freeway
Water used for palm trees irrigation water next to a freeway
Water Law And Land Descriptions:
Quiz:
The water table moves up and down on the small lake where a family owns a summer vacation home in Heber. Due to the fluctuating water levels, the buyers ask you about ownership rights and privileges. What is the correct answer:
You own to the middle of the lake and have all benefits to use the lake
Inform the buyers that the lake is owned in severalty and it is shared by all to use
Discuss the fact that the owners of the property would own up to the average high water mark
The property lines are clearly marked and it would be best to hire a surveyor to find them
You own to the middle of the lake and have all benefits to use the lake
Water Law And Land Descriptions:
Quiz:
Under the doctrine of prior appropriation, if surface water is not used within a 5 year period, what happens to the rights?
Rights revert to the Bureau of Land Management
Seller can exercise right to sell or transfer
Nothing, owners has the right to use or not use
Rights revert to the state
Rights revert to the state
Water Law And Land Descriptions:
Quiz:
Samuel just bought a house on the Colorado River that has it’s own permanent dock where he can park his motorboat. What part of the river does he own?
As far as the dock extends
Up to the center of the river
30’ from the shoreline
Land up to the average high water mark
Land up to the average high water mark
Water Law And Land Descriptions:
_________:
* Forcefully manages the State’s groundwater resources
* Implemented by ADWR.
1980 Arizona Groundwater Code
Water Law And Land Descriptions:
1980 Arizona Groundwater Code:
* _________:
Five Regions determined to be highly dependent on groundwater.
Active Management Area (AMA)
Water Law And Land Descriptions:
1980 Arizona Groundwater Code:
* Active Management Area (AMA): Five Regions determined to be highly dependent on groundwater.
1.
2.
3.
4.
5.
- Santa Cruz County AMA
- Tucson AMA
- Pinal County AMA
- Phoenix AMA
- Prescott AMA
Water Law And Land Descriptions:
1980 Arizona Groundwater Code:
* AMAs are subject to Groundwater code:
_________:
Within the 5 Active Management Area (AMA)s any new developer must provide a certificate of assured water supply.
Assured Water Supply Program
Water Law And Land Descriptions:
1980 Arizona Groundwater Code:
Real Life Note:
As more people began moving to Arizona in the late 1970’s and 1980’s, thanks in part to commercially affordable Air Conditioning, the State recognized the need to take title and rights from land owners with regards to water! So now, the _________ most likely owns the water that is under your feet!
State
Water Law And Land Descriptions:
* AMAs are subject to 1980 Arizona Groundwater Code:
Assured Water Supply Program:
Within the 5 Active Management Area AMAs any new developer must provide a _________ of assured water supply.
Certificate
Water Law And Land Descriptions:
* Active Management Area AMAs are subject to 1980 Arizona Groundwater Code:
_________:
Provided by the ADWR indicating a source of water for a guaranteed period of 100 Years this could be underground or man supplied.
Certificate of Assured Water Supply
Water Law And Land Descriptions:
1980 Arizona Groundwater Code:
* Active Management Area AMAs are subject to Groundwater code:
Certificate of Assured Water Supply:
**Builders in Arizona who are building within an Active Management Area (AMA) MUST supply _________ or _________ that they have secured water or water rights for a period of 100 years. This is assured with the certificate of assured water supply to buyers.
Proof or Evidence
Water Law And Land Descriptions:
* Active Management Area AMAs are subject to 1980 Arizona Groundwater Code:
o An _________ occurs when more groundwater is being used than is being replaced in the underground aquifer.
Overdraft
Water Law And Land Descriptions:
_________:
* This is an area designated as having insufficient groundwater for safe irrigation.
Irrigation Non-Expansion Area (INA)
Water Law And Land Descriptions:
Irrigation Non-Expansion Area (INA):
* IMPORTANT: New agricultural land that was not irrigated within _________ Years of the Irrigation Non-Expansion Area (INA) having been designated, is PROHIBITED.
5 Years
Water Law And Land Descriptions:
Irrigation Non-Expansion Area (INA):
* IMPORTANT: Adding on or increasing your CROPS in the Irrigation Non-Expansion Area (INA)’s is also prohibited since there is NOT enough water to go around.
* Three in Arizona
1.
2.
3.
- Douglas INA
- Harquahala INAs
- Joseph City INAs
Water Law And Land Descriptions:
Adequate Water Supply Program:
* _________:
Areas outside of Active Management Area AMAs.
Open Areas
Water Law And Land Descriptions:
Adequate Water Supply Program:
Open Areas:
* Not as protective but acts as an _________ for consumers to ensure buyers
know of any water supply limits.
Advisory Program
Water Law And Land Descriptions:
Adequate Water Supply Program:
Open Areas:
Buyers and Sellers must be only notified of adequate or inadequate water sources for _________ Years.
100 Years
Water Law And Land Descriptions:
Adequate Water Supply Program:
Open Areas:
Ground water may be withdrawn as necessary through permits from the _________.
Arizona Department of Water Resources (ADWR)
Water Law And Land Descriptions:
Perfected Water Rights:
* _________:
Rights to use the water.
* Appurtenant to the land ownership and passes with title.
Perfected
Water Law And Land Descriptions:
Perfected Water Rights:
* Perfected: Rights to use the water.
* Appurtenant to the land ownership and passes with _________.
Title
Water Law And Land Descriptions:
Perfected Water Rights:
* _________:
Runs with, belongs to
Appurtenant
Water Law And Land Descriptions:
Perfected Water Rights:
o Rights may be lost if abandoned or by _________ Years of consecutive non-use.
5 Years
Water Law And Land Descriptions:
Perfected Water Rights:
o IMPORTANT:
- In order to _________ surface water rights, one must file an application with the Arizona Department of Water Resources (ADWR). This is valid for 40 years.
Appropriate
Water Law And Land Descriptions:
Perfected Water Rights:
o IMPORTANT:
- In order to appropriate surface water rights, one must file an application with the Arizona Department of Water Resources (ADWR). This is valid for _________ Years.
40 Years
Water Law And Land Descriptions:
Appropriating Perfected Water Rights:
* In order to appropriate surface water, one must file an application with the Department of Water Resources.
o _________ = To give away.
Appropriate
Water Law And Land Descriptions:
Appropriating Perfected Water Rights:
* The application must describe the source of the water, the location of the proposed _________, the proposed place of use, the beneficial use and the proposed quantity and periods of use.
Diversion