Arizona Statutes

§ 45-173 — Use of natural waterway to carry water of another or for other water projects; dispute over division of waters

Arizona § 45-173
JurisdictionArizona
Title 45Arizona Revised Statutes
Ch. 1ADMINISTRATION AND GENERAL PROVISIONS
Art. 6Rights to Water

This text of Arizona § 45-173 (Use of natural waterway to carry water of another or for other water projects; dispute over division of waters) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ariz. Rev. Stat. Ann. § 45-173 (2026).

Text

A.Although the waters which naturally flow in the natural channel of a stream have been previously appropriated and put to beneficial use by others, the channel may be used to carry water of another or used for the location of an underground storage facility pursuant to chapter 3.1 of this title, if such use can be made without diminishing the quantity of water which naturally flows therein the use of which has been appropriated.
B.When the parties interested cannot agree upon the division of the water turned into the natural channel from the water naturally flowing therein, or if it is difficult to ascertain the amount to which each party is entitled, the water superintendent of the district shall make the division.

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Related

South West Sand & Gravel, Inc. v. Central Arizona Water Conservation District
212 P.3d 1 (Court of Appeals of Arizona, 2009)
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West Maricopa Combine, Inc. v. Arizona Department of Water Resources
26 P.3d 1171 (Court of Appeals of Arizona, 2001)
6 case citations

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Bluebook (online)
Arizona § 45-173, Counsel Stack Legal Research, https://law.counselstack.com/statute/az/45-173.