In Arizona, surface water rights are separate from groundwater rights. Surface water is subject to the doctrine of Prior-Appropriation. That means senior right holders (first in time) have the right to use the water before newer users and to prevent new users from using the water. Unlike groundwater, which is managed through Active Management Areas or unregulated(see Groundwater Section), all surface water in the state is subject to ADWR surface water requirements.

The Pit-Falls: The State of Arizona has taken efforts to adjudicate the rights on all major surface waters in the state. The result is a drawn-out legal process that has generated limited results. Settlement of Native American water claims has further complicated surface water rights in the state, making some senior rights subordinate to the Native American claims.

Denby Law has extensive experience advising clients on acquisition of surface water rights as well as the general stream adjudications.