reglab/housing_qa huggingface dataset:
AZ Rev Stat § 45-185 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-185 - Filing of claim not deemed adjudication of right; presumption; exemption

45-185.  Filing of claim not deemed adjudication of right;  presumption;  exemption A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use of waters as between the person and the state,  or as between one or more persons asserting the water right,  and the date of filing under this article shall have no effect upon the priority of such rights. A statement of claim is not admissible in evidence for the purpose of demonstrating that water diverted or withdrawn and beneficially used is appropriable under section 45-141,  subsection A,  but a statement of claim is admissible in evidence as a rebuttable presumption of the truth and accuracy of the contents of the claim. B. Wells used to produce water exclusively for domestic or stock watering purposes are exempt from the provisions of this article,  but the granting of this exemption shall not establish the presumption that a water right exists.
AZ Rev Stat § 45-186 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-186 - Water rights claims registry

45-186.  Water rights claims registry All claims set forth pursuant to this article shall be filed in a water rights claims registry in such a manner as deemed appropriate by the director.
AZ Rev Stat § 45-187 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-187 - No rights acquired by adverse use or adverse possession

45-187.  No rights acquired by adverse use or adverse possession No rights to the use of public waters of the state may be acquired by adverse use or adverse possession as between the person and the state,  or as between one or more persons asserting the water right,  but nothing contained herein shall be deemed to diminish or enhance the validity of a claim filed under this article originating prior to the effective date of chapter 164 of the laws of 1919.
AZ Rev Stat § 45-188 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-188 - Future rights acquired through appropriation; rights within service area of agricultural or municipal provider

45-188.  Future rights acquired through appropriation;  rights within service area of agricultural or municipal provider A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation and evidenced by a certificate of water right issued under article 5 of this chapter,  a court decree,  or previous possession or continued beneficial use and who intentionally abandons the use thereof or who voluntarily fails,  without sufficient cause,  to beneficially use all or any part of the right to withdraw for any period of five successive years shall relinquish such right or portion thereof. The rights relinquished shall revert to the state,  and the waters affected by such rights shall become available for appropriation to the extent they are not lawfully claimed or used by existing appropriators. B. If a use or claim is subject to forfeiture by nonuse,  failure by the appropriator to use water within a five year period does not result in a forfeiture of the associated water right if water use is resumed before the occurrence of the earlier of any of the following: 1. The initiation of proceedings pursuant to section 45-189 to determine whether the right has been forfeited or abandoned. 2. The filing by a third party of a statement of claimant in a general adjudication instituted pursuant to article 9 of this chapter that asserts the right to use water from the stream in which the subject nonuse has occurred. 3. The assertion by a third party of written objections in response to an application by the appropriator to sever and transfer the right pursuant to section 45-172.  C. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.
AZ Rev Stat § 45-189 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-189 - Reversion of rights due to nonuse; notice; hearing; order; exception

45-189.  Reversion of rights due to nonuse;  notice;  hearing;  order;  exception A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion of the water right for a period of five or more consecutive years,  and it appears that the right has or may have reverted to the state because of such nonuse,  as provided by section 45-141 and section 45-188,  subsection A,  the director shall notify such person to show cause at an administrative hearing why the right or portion of the right should not be declared relinquished. B. The notice shall contain: 1. The time and place of the hearing. 2. A description of the water right,  including the approximate location of the point of diversion,  the general description of the lands or places where such waters were used,  the water source,  the amount involved,  the purpose of use,  the apparent authority on which the right is based and the factual basis for the notice to show cause. 3. A statement that unless sufficient cause is shown the water right will be declared relinquished. C. The notice shall be served at least thirty days before the hearing. D. The director shall make an order determining whether such water right has been relinquished and give notice to each party of the order by serving such persons at their last known addresses. E. For the purposes of this section,  section 45-141,  subsection C and section 45-188,  subsection A,  the following reasons shall be sufficient cause for nonuse: 1. Drought,  or other unavailability of water. 2. Active service in the armed forces of the United States during military crisis. 3. Nonvoluntary service in the armed forces of the United States. 4. The operation of legal proceedings. 5. Federal,  state or local laws imposing land or water use restrictions,  or acreage limitations,  or production quotas. 6. Compliance with an applicable conservation requirement established by the director pursuant to chapter 2,  article 9 of this title. 7. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01. 8. With respect to a water right appropriated for an irrigation use,  either of the following: (a) Pendency of a proceeding before a court or the director to change the permitted use from irrigation to municipal or other uses pursuant to a court decree or section 45-156 or to sever the right from the land to which it is appurtenant and transfer it for municipal use pursuant to section 45-172. (b) After a change in the permitted use from irrigation to municipal pursuant to a court decree or section 45-156 or 45-172,  insufficient demand for the water by the municipal users. 9. Any other reason that a court of competent jurisdiction deems would warrant nonuse. F. Section 45-114,  subsections A and B govern administrative proceedings,  rehearing or review and judicial review of final decisions of the director under this section.
AZ Rev Stat § 45-189.01 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-189.01 - Water conservation plan notice; filing; exemption; duration

45-189.01.  Water conservation plan notice;  filing;  exemption;  duration A. Beginning on September 29,  2021,  a person who is entitled to the use of water may file with the director a water conservation plan notice. A water conservation plan notice shall include the following: 1. The name and address of the person who is entitled to the use of water that is included in the water conservation plan. 2. A description of all water rights and claims that the person who is entitled to use those water rights and claims is including in the water conservation plan. 3. The place and purpose of the use of the identified water rights and claims and the historical and current water use. 4. A description of any water conservation measures that will be implemented as part of the water conservation plan. 5. A statement that the water conservation plan is voluntary and temporary in nature. 6. A statement that the water conservation plan is intended to result in the temporary reduction in the use of water or a reduction in the diversion of water. 7. A statement that the activities described in the water conservation plan will contribute to the practical and economical management,  conservation and use of surface water in the watersheds of this state. 8. A statement that the person who holds the valid water right that is subject to the water conservation plan does not intend to abandon such water right during the terms of the water conservation plan. B. On filing a water conservation plan notice,  the conservation of water pursuant to the plan does not constitute an abandonment or forfeiture of the water conserved. A person may not accrue long-term storage credits for any water that is conserved in a water conservation plan notice filed pursuant to this section. C. A water conservation plan shall designate a duration of up to ten years. The person filing the water conservation plan notice may file a subsequent notice for some or all of the water rights and claims before expiration of the designated time and may file subsequent water conservation plan notices for one or more periods of up to ten years each.
AZ Rev Stat § 45-190 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-190 - Overstating claim; classification

45-190.  Overstating claim;  classification The filing of a statement of claim pursuant to this article which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed constitutes a class 3 misdemeanor.
AZ Rev Stat § 45-201 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-201 - Construction of canals; eminent domain

45-201.  Construction of canals;  eminent domain An owner of arable and irrigable lands may construct public or private canals for carrying water and,  when the canal necessarily runs through the lands of another,  the right of way therefor through such lands may be acquired by condemnation under eminent domain.
AZ Rev Stat § 45-202 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-202 - Opening fence without consent of owner; damages

45-202.  Opening fence without consent of owner;  damages A fence may be opened without consent of the owner in order to repair a public water ditch when it is necessary to use a team or vehicle to repair the ditch. On completion of the repair the fence shall be closed by the party opening it,  and left as nearly as possible in the condition it was before the opening. The person opening the fence is liable for damages which occur by reason of the opening and entry.
AZ Rev Stat § 45-203 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-203 - Head gates; measuring devices required on canals and reservoirs

45-203.  Head gates;  measuring devices required on canals and reservoirs A. The owner of a ditch or canal shall maintain at the point where the water is diverted a substantial head gate so constructed that it can be locked and kept closed by the water superintendent. An owner,  when required by the director of water resources,  shall construct and maintain measuring devices at points along the ditch to assist the water superintendent in determining the amount of water to be diverted into the ditch from the stream,  or taken from it by the users. B. The owner of a reservoir located across or upon the bed of a natural stream shall,  when required by the director,  construct and maintain a measuring device,  approved by the director,  below the reservoir,  a gauge graduated to feet and tenths of feet inside the reservoir and a capacity table for the reservoir,  and,  if necessary,  a measuring device above the reservoir on each source of supply discharging into the reservoir. C. When necessary for the protection of other water users,  the director may require flumes to be installed along the line of a ditch. D. If the owner of irrigation works refuses or neglects to construct and maintain head gates,  flumes or measuring devices after twenty days' notice,  the director may close the ditch and it shall not be opened or water diverted from the source of supply until the requirements of the director have been complied with. If the owner of a reservoir located across the bed of a natural stream neglects to install such measuring device after twenty days' notice,  the director may open the sluice gate or outlet of the reservoir and it shall not be closed until the measuring devices are installed. A person violating this subsection shall be punished as provided by section 45-112.
AZ Rev Stat § 45-204 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-204 - Prohibition on canal owner to contract to carry water in excess of capacity of canal

45-204.  Prohibition on canal owner to contract to carry water in excess of capacity of canal A person owning or controlling a canal,  flume or other means for carrying water from a stream or water supply to lands for irrigation of the lands,  shall not contract to carry more water than the canal,  flume or other means is estimated to carry at any one time,  whether the contract is made for measured time or acreage quantity. Such person shall keep the canal,  flume or other means in good repair and condition so that it will carry the full amount of water contracted to be carried or delivered.
AZ Rev Stat § 45-205 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-205 - Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability

45-205.  Failure of owner to clean canals and make repairs;  lien for work done;  release of lien;  liability A. When a person owning or controlling a canal,  flume or other means for carrying water permits them,  or the head gates at the dam or other appliances for securing the water at the head,  to become disrepaired or reduced in capacity to an extent that they will not carry the amount of water contracted to be delivered to the users thereof,  and does not within a reasonable time repair,  clean or restore the canal,  flume or other means of carrying the water,  the users may,  after six days' notice in writing to the owner or person in control thereof,  enter in and upon the canal,  flume or other means,  and make repairs,  clean or restore any thereof. B. The cost of repairs,  cleaning or restoration shall be a lien on the canal,  flume or other carrying means,  enforceable as liens upon real property. Within thirty days after completion of the repairs,  cleaning or restoration,  a verified notice of the lien claimed,  stating the expenditures actually made,  itemizing the amounts expended and the purpose for which each was expended and stating the facts upon which the lien is claimed,  shall be filed in the office of the county recorder of the county in which the work was done,  and recorded in a book kept by him for that purpose. C. When any lien established by this section has been satisfied,  the lienholder shall,  within thirty days after satisfaction,  issue a release of the lien to the person against whom the lien was claimed. Such release shall be a recordable document. Failure to grant such a release shall subject the lienholder to liability in the amount of one thousand dollars and also to liability for actual damages.
AZ Rev Stat § 45-206 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-206 - Widening and extending lateral ditches; definition

45-206.  Widening and extending lateral ditches;  definition A. A person owning an interest in common with another person in a lateral ditch constructed and used for irrigating,  mining,  milling or other useful and lawful purpose,  may widen,  deepen,  border up or extend the lateral ditch by paying to his associates,  and to the owner of the land through which the lateral ditch passes,  a just compensation for damages to the land or growing crop occasioned by widening,  deepening,  bordering up or extending the lateral ditch. B. " Lateral ditch"  as used in this section means a private ditch leading from a main ditch or any of its branches receiving water from a river or original source of supply.
AZ Rev Stat § 45-252 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-252 - General adjudication; representation; superior court; assignment to judge; personnel funding; petition

45-252.  General adjudication;  representation;  superior court;  assignment to judge;  personnel funding;  petition A. One or more water users on a river system and source,  the water rights of which have not been previously adjudicated under this article and administered by the director of water resources,  or this state on the request of any state agency other than the department of water resources may file a petition to have determined in a general adjudication the nature,  extent and relative priority of the water rights of all persons in the river system and source. B. The attorney general shall represent this state in connection with all water claims asserted by this state. The director shall be represented by legal counsel retained in accordance with section 45-104,  subsection F. C. The general adjudication shall be brought and maintained in the superior court in the county in which the largest number of potential claimants resides. The clerk of the court in which the petition is filed shall notify the supreme court,  and the supreme court shall assign the general adjudication to a superior court judge and appoint a master and shall consolidate the general adjudication with other pending general adjudications,  if appropriate. D. The supreme court may appoint additional paralegals and law clerks for the general adjudication. Notwithstanding section 12-128,  the superior court judge,  master,  paralegal and law clerk positions prescribed in this subsection and subsection C of this section shall be fully funded by this state. E. The petition for a general adjudication shall be captioned: " In re the general adjudication of all rights to use water in the ____________ river system and source"  and shall request that the court determine the nature,  extent and relative priority of the water rights of all persons in the river system and source.
AZ Rev Stat § 45-253 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-253 - Service of summons; statement of claimant form; record

45-253.  Service of summons;  statement of claimant form;  record A. Personal service of the summons and petition shall not be required. The court shall order that: 1. The clerk of the court issue the summons which shall specify the date by which the statement of claimant must be filed,  generally describe the nature of the general adjudication and set forth such other information as may be necessary or desirable in the circumstances. The form of the summons shall be approved by the court. 2. The clerk of the court deliver the summons to the director who shall make such copies and prepare such documents as may be necessary to effect service. The director shall assist the court in determining the scope of adjudication by recommending the portions of the river,  its tributaries and any other relevant sources subject to the adjudication and in development of a statement of claimant form which shall include such duplicates as may be necessary. Upon identifying the potential claimants pursuant to section 45-256,  subsection A,  paragraph 1,  the director shall effect service on all known potential claimants by mailing a copy of the summons by registered or certified mail,  return receipt requested,  to such known potential claimants. 3. When the superior court determines that the services of a master or masters appointed pursuant to section 45-255 are no longer necessary and enters an order terminating the appointment the clerk of the court shall reimburse the director from the fund of fees paid by the claimants pursuant to section 45-254 for funds expended by the director in effecting service of process and any subsequent notices to claimants. Reimbursement shall only be from monies remaining in the fund after payment of the costs and expenses attributable to the appointment of a master or masters in accordance with section 45-255,  subsection B. B. At the time of commencement of mailing of service of process on known potential claimants,  the director shall effect service on all unknown potential claimants by publication of the summons at least once a week for four consecutive weeks in a newspaper published in each of the counties within which interests in and to the use of water may be affected by the general adjudication. C. The director shall publicize the general adjudication through the electronic media and in general circulation newspapers. D. The court shall direct the director: 1. To return the original summons to the clerk of the court with an endorsement of the dates on which mailing and publication were completed. 2. To maintain a true and accurate record of the names and addresses of all persons who have in fact been served by registered mail,  return receipt requested. Any such record,  together with all supporting documents,  shall constitute the records of the court which shall be subject as such to the supervision and control of the court.
AZ Rev Stat § 45-255 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-255 - Appointment of master; compensation

45-255.  Appointment of master;  compensation A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil procedure to report on legal and factual issues designated under a specific order of reference. B. A master's compensation and other expenses related to the conduct of an adjudication shall be fixed by the court and paid out of the fund of fees paid by the claimants pursuant to section 45-254. If that fund of fees is insufficient,  a master's compensation and other expenses related to the conduct of an adjudication shall be paid from the state general fund as a separate line item appropriation for the superior court.
AZ Rev Stat § 45-259 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-259 - Rules governing general adjudications

45-259.  Rules governing general adjudications The general adjudication is governed in all respects by the Arizona rules of evidence,  the Arizona rules of civil procedure and any other procedural rules generally applicable to civil proceedings,  except that the specific provisions of this article govern if they conflict with the Arizona rules of civil procedure or any other procedural rules generally applicable to civil proceedings. Any proceedings previously initiated under prior law and transferred to the superior court for adjudication are subject to the provisions of this article only after the transfer has been effected.
AZ Rev Stat § 45-260 (2021)
2021 Arizona Revised Statutes|Title 45 - Waters|§ 45-260 - General adjudication fund

45-260.  General adjudication fund A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253,  subsection A,  paragraphs 1 and 2,  and all reimbursements to the director pursuant to section 45-253,  subsection A,  paragraph 3 shall be deposited,  pursuant to sections 35-146 and 35-147,  in such fund. B. Monies in the general adjudication fund are exempt from the provisions of section 35-190,  relating to lapsing of appropriations.