Groundwater rights in Arizona were established by the 1980 Groundwater Code. All pumping within an Active Management Area must follow the requirements established by the Groundwater Code. Any new water uses must meet certain requirements before they can be permitted by the Arizona Department of Water Resources.

The Pit-Falls: Water right does not mean the right to do anything with the water. Irrigation rights must be converted before they can be used for development. The Management Plan for each active management area controls how and how much water can be used. Also, what appears to be groundwater may not actually be groundwater; instead, it may be considered surface water, due to the definition of “sub-flow”.

Denby Law has extensive experience advising clients on acquisition of groundwater rights and proper utilization of those rights from building housing developments to large scale industrial plants.