Arizona’s New Alternative Path to Designation of a 100-Year Assured Water Supply

Arizona recently enacted a groundbreaking law that provides an Alternative Path to Designation of a 100-Year Assured Water Supply. This Alternative Path provides additional flexibility for developers, municipalities, and water providers to secure long-term water rights, ensuring continued growth while preserving Arizona’s critical water resources.

Understanding Arizona’s Assured Water Supply Program

Arizona’s Assured Water Supply (AWS) Program, established under the 1980 Groundwater Management Act, is designed to protect the state’s groundwater resources and ensure water availability for future generations. Under the AWS Program, developments in Active Management Areas…
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Arizona Water Associations

• Arizona Department of Water Resources
  • Arizona Department of Water Resources- Adjudications Division
• Arizona Floodplain Management Association
• Arizona Hydrological Society
• Arizona Land and Water Trust
• Arizona Municipal Water Users Association
• Arizona State University: Kyl Center for Water Policy
• Arizona State University: Arizona Water Blueprint Project
• Arizona Water Banking Authority
• Central Arizona Groundwater Replenishment District
• Central Arizona Irrigation and Drainage District
• Central Arizona Water Conservation District
  • Central Arizona Project
• Colorado River Water Users Association
• Governor’s (Arizona) Water Augmentation Council
• Land Title Association of Arizona
• Mohave County Water Authority
• Mohave Valley Irrigation and Drainage District
• Mountain States Ground Water Association

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Rule 16 of the Arizona Rules of Civil Procedure plays an important role in the pre-trial phase of a case. It is to help streamline proceedings and to “discourage wasteful, expensive, and duplicative pretrial activities.”

What is Rule 16 of Civil Procedure?

Rule 16 of the Arizona Rules of Civil Procedure outlines the procedures and requirements for pretrial conferences and orders. Its primary goal is to facilitate the management of a case from the early stages, promoting efficiency and clarity for both the court and the involved parties.

Under Rule of Civil Procedure 16(b)(1), the conference call is to…
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Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures” for short.

Initial disclosure statements are not filed with the court but simply shared with the opposing party as part of the discovery process. Arizona courts require the parties to exchange all relevant information to the opposing party in an attempt to avoid “trial by ambush” and to increase the odds of an…
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Certificates of Convenience and Necessity (CC&Ns) in Arizona are regulatory tools used primarily in the utility sector, particularly for water, wastewater, and electric services. They are granted by the Arizona Corporation Commission and serve several purposes, including regulating utility services, ensuring reliable service to customers, and preventing overlapping or duplicate services within the same geographic area.

What They Are

• Defined: A Certificate of Convenience and Necessity is an authorization issued by the Arizona Corporation Commission that allows a utility company to provide services within a specific geographic area. It essentially grants a monopoly to the utility for that area, meaning

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Arizona’s Certificate of Assured Water Supply (CAWS) is a crucial component of the state’s water management strategy. Designed to ensure sustainable water use, the CAWS guarantees that new developments in Active Management Areas (AMAs) have a 100-year assured water supply. Here, we explore what it takes to obtain this certificate, the timeline involved, and the associated costs.

What is a Certificate of Assured Water Supply?

The CAWS is a certification issued by the Arizona Department of Water Resources (ADWR). It serves as a verification that a new subdivision within an AMA has a legally, physically, and continuously available water supply…
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Understanding Type 2 Non-Irrigation Water Rights and Their Conveyance: A Guide to A.R.S. 45-474

Type 2 non-irrigation water rights play a significant role. Among the various types of water rights, This blog post delves into what these rights entail, how they can be conveyed, and the specifics of A.R.S. 45-474, the Arizona Revised Statute that governs the transfer of these rights.

What are Type 2 Non-Irrigation Water Rights?

In Arizona, water rights are categorized based on their usage. Type 2 non-irrigation water rights are specific to non-agricultural uses, such as industrial, commercial, or residential purposes. These rights are allocated based…
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It is common for well share agreements to have a provision whereby a lien can be levied under ARS 33-1256 and ARS 33-1257 for unpaid dues.

steps to recording an assessment lien

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Arizona well share managers oversee the management of shared water wells. They are responsible for making sure the well is successfully managed.

well share manager tasks

• Manage the Designated Bank Account– A designated bank account should be used well pump electricity, well repairs, and well maintenance. Traditionally, each property owner pays a flat amount to cover the cost of the electricity and to set aside money for repairs. The well manager can periodically send a statement to all parties to the well share agreement so they can see how much money is sitting in the bank accounts.
• Paying the Utility

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A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the property is a right with limitations. In particular, landlords should not use the 48 hour notice as a way to harass or intimidate tenants.

Proper Notice to Arizona Tenant

A.R.S. § 33-1343(D) states that, “the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.” Although the…
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What is “Runs with the Land”?:The legal doctrine of “runs with the land” refers to a principle that attaches certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In other words, these rights or obligations are not personal to the current owner but are tied to the property itself. Meaning that when a property changes hands, these rights and obligations automatically transfer to the new owner.

This legal principle applies to well share agreements and so it is essential to understand how the rights and obligations regarding the shared well will be…
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Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exceptions.

Section 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a tenant must do prior to withholding rent from the landlord.

Section 33-1363(A) states in part: A tenant “may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work…
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The legal doctrine of joint and several liability is a fundamental concept in tort law and contract law that plays a crucial role in determining who is responsible for damages when multiple parties are involved in a legal dispute. This doctrine is often applied when harm or injury occurs due to the actions or negligence of more than one party. In this blog post, we will delve into the concept of joint and several liability, understand its principles, and explore how it is applied in legal cases.
Understanding Joint and Several Liability
Joint and several liability is a legal doctrine…
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