Davis v. Agua Sierra Resources, L.L.C.

OPINION

BALES, Justice.

¶ 1 Arizona law allows landowners, outside of Active Management Areas, to make reasonable and beneficial use of groundwater underlying their land. This case involves deeds that purported to reserve to the grant- or, and to sever from the surface estate, rights to the potential future use of groundwater. Because a landowner has no real property interest in the future use of groundwater, we hold that the attempted reservation is invalid.

FACTS AND PROCEDURAL HISTORY

¶ 2 This case concerns land in the Chino Valley in Yavapai County that is commonly referred to as the CF…