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Show Chapter 3. ARIZONA CONTENTS Page 1. Development of Arizona Water Law_____________________________ 103 2. State Organizational Structure for Water Administration and Control- 104 2.1 Administration of Water Rights________________________ 104 2.2 Resolution of Water Use Conflicts______________________ 105 2.3 Other Agencies Having Water Resource Responsibilities_____ 106 3. Surface Waters_____________________________________________ 107 3.1 Method of Acquiring Rights__________________________ 108 3.2 Nature and Limit of Rights___________________________ 110 3.3 Changes, Sales, and Transfers_________________________ 111 3.4 Loss of Rights______________________________________ 112 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 113 3.6 Springs____________________________________________ 113 3.7 Diffused Surface Waters______________________________ 113 4. Ground Water_____________________________________________ 114 Publications Available_________________________________________ 116 DISCUSSION 1. Development of Arizona Water Law There is evidence that Indians practiced primitive irrigation in Arizona prior to the settlement of the region. However, it was not until the settlement and development of the Territory of Arizona that modern-day irrigation practices were initiated. Early territorial legislation rejected the common law doctrine of riparian rights and provided for the appropriation of rivers and streams.1 The Territorial 'Supreme Court in 1888 likewise rejected the riparian concept, announcing that the right to use water was governed by its appropriation for a beneficial use.2 This abrogation of the com- mon law riparian doctrine was subsequently incorporated into the State constitution, along with recognition of existing rights for all useful and 'beneficial purposes.3 The result is that the appropriation doctrine has always been the exclusive method of acquiring water rights in Arizona, and the doctrine of riparian rights has no force or effect in Arizona and will not be enforced by the courts.4 The current Arizona statutes provide that the waters of all sources flowing in natural channels, lakes, ponds, and springs as well as water in definite underground channels belong to the public and are subject iKlnney, "Irrigation and Water Bights," sees. 1711, 1714 (2 ed. 1912). 2 Clough v. Wing, 2 Ariz. 371, 17 Pac. 453 (1888). * Ariz. Const, art. XVII, sees. 1 and 2. * Brasher V. Gibson, 101 Ariz. 326, 419 P. 2d 505 (1966). 103 |