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Show 116 ARIZONA change application if the new well will be used to irrigate the same land.93 Provision is made to replace and deepen existing wells upon a sat- isfactory showing that the well will no longer yield sufficient water to irrigate the land normally supplied by it.94 There is a general prohibition against the waste of water from existing wells, and the department can require that flowing wells be equipped with the nec- essary valves and control structures to regulate their use.95 Any per- son aggrieved by a decision of the department may appeal to the superior court where the matter shall be heard de novo.96 Finally, it is provided that nothing in the act shall affect the right of any person to construct or operate an exempted well. An ex- empted well is defined as one withdrawing water for domestic, stock- watering, domestic water utility, industrial, or transportation pur- poses, and a well for the irrigation of not to exceed 320 acres when used by a bona fide school for teaching agricultural science, with certain limitations specified in the act.97 The Supreme Court of Arizona has ruled that the 1948 ground water code is not unconstitutional, but is a valid exercise of the po- lice power of the State.98 Publications Available Institution for Water Resource Research : Water Resources Research Center University of Arizona Tucson, Ariz. 85721 602-884-2447 Publications: Straayer, "Public Problems and Non-decision Making-A Study of the Tucson Water System," 10 Nat. Resc. J. 545 (1970). Teclaff, "Saving the Land-Water Edge From Recreation For Recreation," 14 Ariz. L. Rev. 39 (1972). Note, "Arizona Water Resource Management Problems Created by the Central Arizona Project," 14 Ariz. L. Rev. 158 (1972). Note, "Arizona Law of Liability for the Diversion of Diffused Surface Waters," 8 Ariz. L. Rev. 316 (1967). Mann, "Law and Politics of Ground Water in Arizona," 2 Ariz. L. Rev. 241 (1960). Note, "Water Rights-Ground Water-Use Allowed on Lands not Under Culti- vation Prior to the Land Being Declared 'Critical'," 3 Ariz. L. Rev. 115 (1961). Note, "Percolating Waters Held to be Public in Character and Subject to Ap- propriation," 26 Rocky Mt. L. Rev. 104-7 (1953). »3 Ariz. Rev. Stat. sec. 45-315. M Ariz. Rev. Stat. sec. 45-316; Ernst v. Collins, 81 Ariz. 178, 302 P. 2d 941 (1956). »5 Ariz. Rev. Stat. sec. 45-319. <w Ariz. Rev. Stat. sec. 45-321. 97 Ariz. Rev. Stat. sees. 45-301, 322. 88 Southwest Engineering Co. v. Ernst, 79 Ariz. 403, 291 P. 2d 764 (1955). |
