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Show ARIZONA 105 The State land department is authorized to conduct investigations to determine the extent of the water resources of the State and their potential development.13 The responsibilities of the department are administrative in nature and the department is without authority to take action which would adversely affect or impair vested rights.14 'Supervision of construction of dams and reservoirs is the responsi- bility of the State water engineer, who is appointed by and is an employee of the Arizona Water Commission. The construction of a dam or the enlargement of an existing dam cannot be commenced without obtaining the written approval of the plans and specifica- tions by the State water engineer.15 2.2 Resolution of Water Use Conflicts There is a statutory procedure available in Arizona for the reso- lution of water user conflicts. The State land department may, on its own initiative, initiate a determination of the various rights to the use of a water source and is required to do so upon petition of one or more users. If an action is brought in a State court for an adjudication of water rights, the court may transfer the matter to the department for a statutory determination. Provision is made for giving notice of the proceedings to the various users by registered mail. Individual claimants, upon receipt of notice, are required to submit a written claim setting forth the details of the water right claimed. The department is authorized to make an examination and survey of the land involved, and to take testimony from the various claim- ants. The evidence accumulated by the department is open to inspec- tion by the claimants. Any claimant desiring to contest another's claims may do so, and the department hears the matter. After re- ceiving testimony and evidence of the parties, the department enters its findings and order determining and establishing the rights of the several claimants to the water supply. The evidence and the department's order are transmitted to superior court, for judicial hearing and review. The determination of the department remains in full force and effect during the pend- ency of the court proceedings. When the adjudication is concluded, the department issues each user a certificate evidencing his water right, in accordance with the court decree. Any person who has been made a party to such an action, but who fails to assert a claim, is subsequently barred and estopped from asserting any rights to the water source. The court may direct the water superintendent to en- force any existing judgment determining water rights pending a determination of all of the rights from the watershed. Also, water users may, by written agreement, rotate the use of water from a common supply.16 The Arizona Supreme Court, in a relatively early decision, upheld the constitutionality of the adjudication statute, concluding that it 18 Ariz. Rev. Stat. sec. 45-103. mMullen v. Gross, 84 Ariz. 207, 236 P. 2d 33 (1958). « Ariz. Rev. Stat. sec. 45-505 ; sees. 45-701 to 758. " Ariz. Rev. Stat. sees. 45-231 to 245. |