| OCR Text |
Show 104 ARIZONA to appropriation.5 Percolating ground water is excluded from public ownership and is not subject to appropriation.6 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights The general administrative supervision and control of waters are vested m the State land department. The State land commissioner is the executive officer who heads this department. The authority and control of the department encompasses the administrative supervi- sion of the appropriation and distribution of the waters of the State, except for the distribution of water reserved to special officers ap- pointed by the court under existing decrees.7 Appropriation of public waters of the State must be initiated by filing an application with the department. If the application meets all of the statutory criteria, it is approved. After the water is placed to beneficial use, the applicant submits proof of his appropriation and is issued a certificate.8 The commissioner is authorized to adopt rules and regulations governing the appropriation and distribution of water.9 It will be remembered that the State land department has general control and supervision of the waters of the State and the distribu- tion thereof, except for distribution responsibilities reserved to special officers appointed by courts under existing decrees.10 To aid in the dis- tribution of water, the State land department shall, as the necessity arises, divide the State into water districts with reference to drain- age watersheds in order to secure the best protection to the water users and the most economical supervision by the State. A superin- tendent shall be appointed for each district. However, investigation discloses that the district distribution program has not as yet been implemented. In order to effect a proper distribution of water, the superintendent of each district shall regulate and control the various headgates and control structures. Any user injured by the action of a commissioner may seek injunctive relief. It is a misdemeanor to use water without a proper right or to interfere with the proper dis- tribution of water or, without authority, to open or close a headgate or control structure which has been regulated by a superintendent.11 The department also has an important role in the statutory ad- judication of water rights. Once such an action is initiated, the de- partment makes a hydrographic survey of the water source, reviews the claims submitted by the users, and takes their testimony. From all of the available evidence, he prepares and submits a proposed determination of individual rights to the court. If a user objects to the department's determination, the court makes the actual ad- judication of the rights.12 6 Ariz. Rev. Stat. sec. 45-101. * Southwest Engineering Go. v. Ernst, 79 Ariz. 403, 291 P. 2d 764 (1955). i Ariz. Rev. Stat. sec. 45-102. s Ariz. Rev. Stat. sees. 45-142, 143,152. 9 Ariz. Rev. Stat. sec. 45-103. i° Ariz. Rev. Stat. sec. 45i-102. " Ariz. Rev. Stat. sees. 45-105, 106, 109. 12 Ariz. Rev. Stat. sees. 45-231 to 245. |
