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Az Water RightsSurface_water_prior_appropriationMEDIUM

While reviewing a transaction in Pinal County, a purchaser assumes a surface-water right is permanent even if it has not been put to use for years. What is the best answer under current Arizona law or current Arizona form practice?

Correct Answer

C) 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

Under ADWR materials; Arizona water law, 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.

Answer Options
A
only groundwater rights can be affected by nonuse under current Arizona law
B
water-right status depends only on property taxes being paid for that fact pattern
C
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
D
nonuse strengthens the right by preserving the water in that Arizona transaction

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Related Topics & Key Terms

Key Terms:

arizona_specificwaternonusesurface_water_prior_appropriationaz_water_rights
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