Surface Water Rights

Learn How to Purchase Surface Water Rights in Arizona

On June 12, 1919, the Arizona Surface Water Code was enacted.  Now known as the Public Water Code, this law provides that a person must apply for and obtain a permit and certificate to appropriate (use) surface water and that beneficial use shall be the basis, measure, and limit to the use of water within the state.  Arizona Revised Statute § 45-151(A) defines beneficial uses as “…domestic, municipal, irrigation, stock watering, water power, recreation, wildlife, including fish, nonrecoverable water storage pursuant to section 45-833.01 or mining uses…”

Surface Water Permitting Section

The Surface Water Permitting Section (“Section”) is responsible for issuing permits, certificates, and claims to the use of surface water within the State of Arizona, excluding the Lower Colorado River.  The Section is also responsible for the processing of ownership transfers for surface water rights and claims, the management and maintenance of an accurate and updated surface water right registry, maintaining the integrity of Departmental records and providing assistance to private, state and federal entities.

The ADWR Has Many Helpful Resources for those interested in buying water rights in Arizona.

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