What water will I legally have on the day I close?
The groundwater under it
No well, groundwater right or water claim is registered for this land, and outside an Active Management Area no groundwater right is needed to pump it. Arizona law lets a person withdraw and use groundwater for reasonable and beneficial use.
Why, who decides and sources
Why
This land is outside every Active Management Area and irrigation non-expansion area, and nothing in ADWR's well registry, its rights records or the adjudication claims falls within this parcel.
Who decides
ADWR's records and the title search.
Sources
Law
- A.R.S. 45-453(1)
"In areas outside of active management areas, a person may: 1. Withdraw and use groundwater for reasonable and beneficial use, except as provided in article 8.1 of this chapter."
- ADWR, FAQ for real estate and title agents
"the Department cannot guarantee that the parcel does not have a well ... The best way to tell if a parcel has a well is to physically inspect the property."
- A.R.S. 45-453(3)
"3. Use groundwater for irrigation purposes within the exterior boundaries of an irrigation non-expansion area only pursuant to article 3 of this chapter."
- A.R.S. 45-182(A)
"all persons who before March 17, 1995 were using and claiming the right to withdraw or divert and make beneficial use of public waters of the state based on state law shall file ... a statement of claim for each water right asserted, on a prescribed form."
- A.R.S. 45-273(A)
"A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and filed in duplicate with the director upon a printed form furnished by the director."
Records
- Well registry (55- wells)
- Grandfathered groundwater rights and their file status
- Type 2 grandfathered rights and conveyances (Query Center)
- Surface water filing register
- Statements of Claimant
- Community water system service areas
- Active Management Areas and Irrigation Non-Expansion Areas
- Parcels and sales