Arizona Department of Water Resources v. McClennen

Chief Justice BALES,

opinion of the Court.

¶ 1 Under Arizona law, a right to use surface water may be acquired by appropriation. This right may be severed from the land to which it is appurtenant and, subject to the approval of the Director of the Arizona Department of Water Resources (“ADWR”) and other conditions listed in A.R.S. § 45-172, may be transferred without losing its priority. “Interested persons” may file objections with ADWR to a proposed severance and transfer, and they may seek judicial review if ADWR grants approval over their objections.

¶ 2 We hold that § 45-172 identifies the…