In a Yuma transaction review, two claimants seek the same limited surface-water supply and one right was established earlier than the other. Each of the following statements about surface water prior appropriation is generally true in Arizona EXCEPT.
Correct Answer
C) the later appropriator automatically has priority because modern uses matter more
This is the exception. Under ADWR materials; Arizona water law; Pearson Arizona state outline; ADWR materials, Arizona does not treat the issue this way. Instead, under prior appropriation, earlier priority generally has precedence over a later appropriator in shortage conditions.
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In a Queen Creek transaction review, two claimants seek the same limited surface-water supply and one right was established earlier than the other. Which statement should the broker communicate?
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At Cactus Peak Realty in Yuma, a buyer from a riparian-rights state assumes that simply owning land along a natural watercourse in Arizona guarantees water-use rights. Which statement is most accurate under current Arizona rules?