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Az Water RightsSurface_water_prior_appropriationHARD

At a brokerage meeting in Buckeye, a buyer from a riparian-rights state assumes that simply owning land along a natural watercourse in Arizona guarantees water-use rights. Each of the following statements about surface water prior appropriation is generally true in Arizona EXCEPT.

Correct Answer

C) Arizona surface water follows riparian rights based only on shoreline ownership

This is the exception. Under A.R.S. § 45-141; ADWR materials; ADWR materials; Arizona water law; Pearson Arizona state outline; ADWR materials, Arizona does not treat the issue this way. Instead, Arizona surface water follows prior appropriation rather than ordinary eastern riparian doctrine.

Answer Options
A
long nonuse can raise loss-of-right issues under Arizona water law, so a right should not be assumed immune from abandonment or forfeiture concerns
B
Arizona exam questions often test that the state rejects ordinary riparian assumptions in favor of prior appropriation for surface water
C
Arizona surface water follows riparian rights based only on shoreline ownership
D
in Arizona, beneficial use is the basis, measure, and limit of the right to use appropriable water

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Key Terms:

arizona_specificwaterprior_appropriationsurface_watersurface_water_prior_appropriationreverse_question
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