At a brokerage meeting in Buckeye, a farmer with an older surface-water right wants to shift the right to a different purpose and place of use without any legal process. Each of the following statements about surface water prior appropriation is generally true in Arizona EXCEPT.
Correct Answer
D) an appropriator may freely move the right to any use or location without legal review
This is the exception. Under ADWR materials; Arizona water law; A.R.S. § 45-141, Arizona does not treat the issue this way. Instead, changes in use or place are not automatic merely because a prior right exists; Arizona water law still governs the change.
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More Az Water Rights Questions
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Previous Question
In a Buckeye transaction review, two claimants seek the same limited surface-water supply and one right was established earlier than the other. What is the most accurate response?
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In a Tempe transaction review, a water-right holder claims the right allows unlimited use just because the permit was once issued. Which statement should the broker communicate?