Type 2 Water Rights

y combining the 

WordPre

Arizona’s Type 2 Water Rights: A Valuable and Flexible Asset

In the arid landscape of Arizona, water rights are a crucial commodity. While various types of water rights exist within the state, Type 2 non-irrigation grandfathered rights hold a unique position due to their flexibility and potential for economic benefit.

What are Type 2 Water Rights?

Type 2 water rights were established under the Arizona Groundwater Management Act of 1980. They are granted to individuals or entities that were using groundwater for non-irrigation purposes between 1975 and 1980. These rights are not tied to specific land, meaning they can be sold, leased, or transferred independently from any property. This flexibility distinguishes them from other types of water rights, which are often appurtenant to specific parcels of land.

How Can Type 2 Water Rights be Used?

The non-irrigation purposes covered by Type 2 rights are broad, encompassing a wide range of uses such as:

  • Industrial: Manufacturing, mining, and other industrial processes.
  • Commercial: Golf courses, resorts, and other businesses.
  • Municipal: Supplying water to towns and cities for drinking and other purposes.

This versatility makes Type 2 rights a valuable asset for a variety of users, particularly in areas with high demand for water resources.

Benefits and Considerations of Type 2 Water Rights

Type 2 water rights offer several advantages, including:

  • Flexibility: The ability to transfer and use these rights independently from land provides greater freedom for owners and lessees.
  • Economic Value: The scarcity of water in Arizona, coupled with the flexibility of Type 2 rights, makes them a potentially lucrative asset.
  • Diversification: Owning Type 2 rights can provide a way to diversify an investment portfolio.

However, there are also some important considerations:

  • Regulatory Framework: Type 2 rights are subject to the regulations of the Arizona Department of Water Resources (ADWR), and potential buyers or lessees should be aware of these requirements.
  • Water Availability: The availability of groundwater can vary depending on location and other factors, impacting the value and usability of Type 2 rights.
  • Long-Term Sustainability: Responsible management and use of groundwater are essential to ensure the long-term sustainability of this resource.

Conclusion

Arizona’s Type 2 water rights are a unique and valuable resource within the state’s complex water management system. Their flexibility and potential for economic benefit make them an attractive asset for a variety of users. However, understanding the regulatory framework and the importance of sustainable water management is crucial for anyone considering acquiring or using Type 2 water rights.

If you need help from an experienced Arizona attorney, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.

ss is a free open-source solution that you can easily adapt to your

You May Also Like…

Type 2 Non-Irrigation Water Rights

Understanding Type 2 Non-Irrigation Water Rights and Their Conveyance Type 2 non-irrigation water rights play a significant role. Among the various types of water rights, This blog post delves into what these rights entail, how they can be conveyed, and the specifics...

read more

Certificate of Convenience and Necessity

Certificates of Convenience and Necessity (CC&Ns) in Arizona are regulatory tools used primarily in the utility sector, particularly for water, wastewater, and electric services. They are granted by the Arizona Corporation Commission and serve several purposes,...

read more

Certificate of Assured Water Supply

Arizona's Certificate of Assured Water Supply (CAWS) is a crucial component of the state's water management strategy. Designed to ensure sustainable water use, the CAWS guarantees that new developments in Active Management Areas (AMAs) have a 100-year assured water...

read more

Evictions and Claims of Ownership

Claims of Ownership in Justice Court Evictions Eviction lawsuits are designed to address the issue of possession and not ownership. Eviction lawsuits are to provide a summary, speedy and adequate remedy for obtaining possession of premises withheld by tenants, and for...

read more

Rule 16 of Civ. Pro- Meet and Confer

When navigating the complexities of a Superior Court case in Arizona, one crucial aspect to understand is Rule 16 of the Arizona Rules of Civil Procedure. This rule plays an important role in the pre-trial phase of a case, helping to streamline proceedings and to...

read more

48 Hour Notice to Enter

A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the...

read more