It should not be a surprise to anyone that lives in Arizona that water is a scarce commodity. Allowing for continued development throughout the state, while supporting the needs of farmers and public utilities, requires careful consideration and planning. This can seem like an uphill battle when you are considering purchasing a property or planning a new business venture that will require water rights or well share agreements. Here is some information so you can gain a better understanding of the water rights and well share laws in Arizona.
Arizona Department of Water Resources
The scarcity of water in Arizona is one of the major reasons the state created the Arizona Department of Water Resources (ADWR). The ADWR is tasked with ensuring and maintaining the sustainability of water supplies throughout the state of Arizona. ADWR has jurisdiction over surface and groundwater resources and has enacted many policies to attempt to manage the limited water resources and ensure the ability to meet future demands. This requires a complicated interaction between state and local government agencies, private and public businesses, farmers, and landowners.
Water Rights in Arizona
Whether you operate a family farm, manage a golf course, own land outside of active management areas or run a large public corporation in Arizona, you are likely to run into water rights issues. The rules and statutes governing water rights in Arizona are complex and can seem overly restrictive at times. Concerns over sustainability in Arizona are valid, but that does not mean that your farm or business cannot gain access to water required to operate. Our firm has experience with water rights, water supply, groundwater use, water-use compliance issues and more. We can assist with planning and due-diligence for a potential project or defending against any potentially damaging new restrictions.
Well Share Rights in Arizona
Well share rights in Arizona can be especially complicated because there are generally not clear guidelines or laws. Many times, the agreement dates back to previous landowners and has been passed on with the transfer of the business or deed. It is important to have an experienced attorney review the well share rights for any business or property that you are going to purchase. Our firm can help resolve potential issues and clarify your legal rights and responsibilities in any well share agreements in Arizona.
Areas of Practice in Water Rights and Well Share Laws
- Securing Water Rights for Development
- Due Diligence on Existing Water Supplies and Rights
- Transfer of Water Rights
- Compliance with Groundwater Rights, including Annual Reports and Enforcement
- Sale or Lease of Type 2 Water Rights
- Construction of Replacement Wells
- Transfer of Exempt Wells
- Water Rights Litigation
The attorneys at MacQueen & Gottlieb have significant experience with water rights and well share laws in Arizona. Whether you are planning for a project or purchase that will require water rights or you are facing a legal issue related to Arizona’s complex water rights legal framework, our attorneys can assist you with the issue. Contact us today to schedule an initial consultation or make an appointment online.