Bill Text: AZ SB1316 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced

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Bill Title: Natural watercourses; prior land use

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - Referred to Senate NRIPD Committee [SB1316 Detail]

Download: Arizona-2010-SB1316-Introduced.html

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REFERENCE TITLE: natural watercourses; prior land use

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SB 1316

 

Introduced by

Senator Allen S

 

 

AN ACT

 

amending section 45-173, Arizona Revised Statutes; relating to waters.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 45-173, Arizona Revised Statutes, is amended to read:

START_STATUTE45-173.  Use of natural waterway to carry water of another or for other water projects; dispute over division of waters

A.  Although the waters which naturally flow in the natural channel of a stream have been previously appropriated and put to beneficial use by others, the channel may be used to carry water of another or used for the location of an underground storage facility pursuant to chapter 3.1 of this title, if such use can be made without diminishing the quantity of water which naturally flows therein the use of which has been appropriated and if the use does not interfere with lawful uses of the channel, including land uses, that existed before the issuance of an underground storage facility permit.

B.  When the parties interested cannot agree upon the division of the water turned into the natural channel from the water naturally flowing therein, or if it is difficult to ascertain the amount to which each party is entitled, the water superintendent of the district shall make the division. END_STATUTE