ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Appropriations of Surface Water
Arizona Department of Water Resources
3550 N. Central Avenue
Phoenix, AZ 85012
602-771-8500
www.azwater.gov
Arizona Mining Permitting Guide
PERMITS, AUTHORIZATIONS OR FILINGS:
Appropriations of Surface Water
LEGAL AUTHORITY:
Appropriable water as defined in A.R.S. § 45-141(A) is subject to appropriation and
beneficial use by the public. Its use is governed by the provisions of Title 45, Chapter 1,
A.R.S. Appropriation of water for mining purposes, a recognized beneficial use in Arizona,
requires that an application for permit to appropriate be made to ADWR. The application
requirements are discussed in A.R.S. § 45-152. If reservoir construction is contemplated, the
applicant must also comply with A.R.S. § 45-161.
CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:
In addition to the universal application requirements listed in A.R.S. § 45-152(A), an
application for a permit to appropriate public water for mining purposes must include the
location and character of the mine to be served and the methods of supplying and utilizing the
waters (A.R.S. § 45-152 [B]5). If the water use includes reservoir storage, the application
must include a description of the retention structure, the capacity of the reservoir, and a
description of the lands to be submerged. If the size of the dam falls within the jurisdiction of
the Dam Safety Section of ADWR, a permit for storage will not be issued until the dam is
approved by that Section.
Applications for permit to appropriate public water must be approved by the Director and are
assessed on the following grounds:
1. Potential conflicts with vested water rights.
2. Potential threats to public safety.
3. Potential threats to public interest and welfare. A.R.S. § 45-153 [A].
The approval or rejection of a permit to appropriate is an administrative action which is
subject to the Uniform Administrative Appeal Procedure statutes.
Individuals initiating new uses are also encouraged to register their new water rights under
Title 45, Chapter 1, Article 9. These statutes govern General Stream Adjudications in Arizona
and require that all potential claimants in a general stream adjudication register their claims
by filing a Statement of Claimant (A.R.S. § 45-254).
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