§ 45-257 — Hearings; report of master; final judgment by court; administration and enforcement of decree

Arizona § 45-257

• Jurisdiction: Arizona
• Title 45: Arizona Revised Statutes
• Ch. 1: ADMINISTRATION AND GENERAL PROVISIONS
• Art. 9: General Adjudication of Water Rights

Text

A. The master shall:

1. After due notice, conduct such hearings and take such testimony as shall be necessary to determine the relative water rights of each claimant. The determination of water rights of all small water use claims in any specific subwatershed shall be deferred until all other claims in that subwatershed are determined by the superior court in the course of the adjudication, except that for a claimant who asserted a small water use claim and who asserted other water use claims in the same subwatershed that are not small water use claims, the claimant's small water use claim shall be determined in conjunction with the determination of that claimant's other claims. This paragraph does not preclude the superior court or the master from approving settlements of small water use claims at any time during the course of the adjudication.

2. Subject to paragraph 1 of this subsection, for all determinations, recommendations, findings of fact or conclusions of law issued, prepare and file with the court a report in accordance with rule 53(g) of the Arizona rules of civil procedure, which shall contain those determinations, recommendations, findings of fact and conclusions of law. Each claimant may file written objections with the court to any rule 53(g) report within the later of sixty days after the report is filed with the court or before May 17, 1995. If the report covers an entire subwatershed or federal reservation, each claimant may file with the court written objections to the report within one hundred eighty days of the date on which the report was filed with the court.

3. Maintain under his control all records and documents at such locations as may be designated by the court.

B. The court, on review of the report and in accordance with subsection A, paragraph 1 of this section and rule 53 of the Arizona rules of civil procedure, shall:

1. Determine the extent and priority date of and adjudicate any interest in or right to use the water of the river system and source, provided that when rights to the use of water or dates of appropriation have previously been determined in a prior decree of a court, the court shall accept the determination of such rights and dates of appropriation as found in the prior decree unless such rights have been abandoned. Except if otherwise provided in an applicable prior filing, certificate of water right or prior decree, the decreed capacity of a reservoir includes the right to continuous filling and refilling in priority throughout the year.

2. Establish, in whatever form determined to be most appropriate by the court, one or more tabulations or lists of all water rights and their relative priorities on the river system and source.

3. Refer the final judgment or decree to the director for administration and enforcement under the continuing jurisdiction of the court.

4. Make appropriate orders to ensure that the entire record of the general adjudication is preserved in an accessible and usable form.

5. Record a certified copy of the final judgment or decree in each county within the geographical scope of the general adjudication which shall constitute constructive notice of the contents of the judgment or decree.

C. If ownership of a right to use water for stock watering or stockpond purposes or for domestic use on a ranch or farm on state land is disputed in a general adjudication of the rights to use the waters of a river system and source, the water right shall be adjudicated in the name of a claimant other than the state if both of the following apply:

1. The point of diversion and the place of use, or the perfection of the water right by the appropriator, comply with section 37-321.01, subsection A.

2. The state land commissioner has been afforded the opportunity to resolve the claim.