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 814 
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 1921 
 
 ARIZONA 
 WATER CODE 
 
 BANCROFT 
 LIIRARY 
 
BANCROFT 
 LIBRARY 
 
 -o- 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
, * 
 
 WATER CODE 
 
 OF THE 
 
 State of Arizona 
 
 CHAPTER 164 
 
 Laws of 1919 -- Amended 1921 
 Chapter 64 
 
 Compiled in the Office of the 
 
 STATE WATER COMMISSIONER 
 
 June 10, 1921 
 
 MANUFACTURING STATIONERS >c.. PHOENIX, ARIZOK 
 
WATER CODE OF THE STATE OF ARIZONA 
 
 CHAPTER 164 
 
 AN ACT 
 
 Pertaining to the Use of Water, and to Regulate the Appro- 
 priation of the Natural Waters of Arizona; Protecting 
 the Rights of Prior Appropriations; Creating a State 
 Water Commissioner, Defining and Limiting His Powers 
 and Duties; Regulating the Manner of Making Appro- 
 priations and the Purposes for Which Water May be 
 Appropriated; Giving to the Water Commissioner Con- 
 trol Over Dams, Gates and Wiers; Empowering the Water 
 Commissioner to Measure the Flow of Streams, and to 
 Investigate Water Resources; Providing for the Division of 
 the State Into Water Districts, and for the Distribution 
 of the Water to Those Entitled to its Use ; Providing for the 
 Determination of Existing Water Rights, Providing for the 
 Method of Hearings in Contested Appropriations and Rules 
 for Determining a Preference as Between Conflicting Ap- 
 propriations; And Providing for Public Hearings, Limiting 
 the Value to be Placed on Water Rights in Certain Cases; 
 Providing for Appeals From Decisions of the Water Com- 
 missioner; Defining Certain Duties of Superior Courts, the 
 Attorney General and County Officers; Providing the Man- 
 ner in Which Reservoirs May be Located, and Defining and 
 Limiting the Purposes for Which They May be Located; 
 Providing Penalties for the Violation of the Provisions of 
 This Act, and Giving Power to Enforce Decrees and Find- 
 ings; Appropriating Moneys for the Purposes of This Act; 
 And Repealing all Acts and Parts of Acts in Conflict With 
 the Provisions of This Act. 
 
 Be it Enacted by the Legislature of the State of Arizona : 
 
 PUBLIC WATERS 
 
 Section 1. The water of all sources of supply, flowing in 
 natural streams, canyons, ravines or other natural channels, or 
 in definite underground channels, whether perennial, intermittent 
 or flood waters, waste or surplus water, and of lakes, ponds and 
 springs, on the surface, belongs to the public, and is subject to 
 beneficial use as herein provided. Beneficial use shall be the 
 basis and the measure and the limit to the use of water in the 
 State, and whenever hereafter the owner of a perfected and 
 developed right shall cease or fail to use the water appropriated 
 for a period of five (5) successive years the right to use shall 
 thereupon cease and revert to the public and become again 
 
 i J2I 
 
i/ 
 
 2 WATER CODE OF THE STATE OF ARIZONA 
 
 subject to appropriation in the manner herein provided. But 
 nothing herein contained shall be so construed as to take away 
 or impair the vested rights which any person, firm, corporation 
 or association may have to any water at the time of passage of 
 this act. [As amended 1921.] 
 
 Appointment- 
 Section 2. The office of State Water Commissioner is hereby 
 created. The State Water Commissioner who shall hereafter in 
 this act be designated and referred to as the Commissioner, shall 
 be appointed by the Governor to hold office for a period of six 
 years and until his successor is appointed and qualified. He 
 may be removed by the governor for cause. He shall be familiar 
 with water law, with hydraulics and with irrigation practice. 
 He shall have office quarters at the State Capitol. The Com- 
 missioner shall have general control and supervision of the waters 
 of the State of Arizona and of the appropriation and of the dis- 
 tribution thereof, excepting such, distribution as is hereinafter 
 reserved to Water Commissioners appointed by the courts under 
 existing decrees. He shall receive a salary of Four Thousand 
 Dollars ($4,000.00) and his traveling expenses when away from 
 his office, to be paid from the State Water Fund. 
 
 Investigation, Etc. 
 
 Section 3. In order to promote the best and fullest use of 
 the waters of the State of Arizona, the Commissioner is hereby 
 authorized and empowered to make such surveys, investigations 
 and compilations of the water resources and their development in 
 the State as shall in his judgment be for the best interests of the 
 State and to make co-operative arrangements for such purposes 
 with the National Government; and the Commissioner is hereby 
 directed upon the passage of this act to at once begin the estab- 
 lishment of a permanent, safe and convenient public depository 
 in the State Capitol Building for existing and future records of 
 stream flow and all other data relating to the water resources of 
 the State. 
 
 Rules and Regulations- 
 Section 4. The Commissioner is authorized subject to the 
 provisions herein contained to formulate and pass such necessary 
 rules and regulations concerning the appropriation and distribu- 
 tion of the waters of the State as he may deem advisable, and is 
 further authorized to employ such expert technical and clerical 
 assistants and labor and upon such terms as may be deemed 
 necessary and proper, not exceeding the funds appropriated for 
 these purposes. The Commissioner shall have an official seal 
 
WATER CODE OF THE STATE OF ARIZONA 3 
 
 bearing the words, "Arizona State Water Commissioner" which 
 shall be affixed to papers, maps, plans and other instruments 
 issued from his office. 
 
 Applications- 
 Section 5. Any person, association or corporation, irrigation 
 district, municipality or the State of Arizona or the United 
 States of America hereafter intending to acquire the right to the 
 beneficial use of any waters shall, before commencing the con- 
 struction, enlargement or extension of any dam, ditch, canal or 
 other distributing or controlling works, or performing any work 
 in connection with said construction, or proposed appropriation, 
 make an application to the Commissioner for a permit to make 
 such appropriation. [As amended 1921.] 
 Data Required- 
 Section 6. Each application for a permit to appropriate 
 water shall set forth the name and postoffice address of the 
 applicant, the source of water supply, the nature and amount of 
 the proposed use, the location, point of diversion and description 
 of the proposed ditch, canal, or other work; the time within which 
 it is proposed to begin construction, the time required for the 
 completion of the construction, and the time for the complete 
 application of the water to the proposed use. If for agricultural 
 purposes, it shall give the legal subdivisions of the land and the 
 acreage to be irrigated as near as may be. If for power purposes, 
 it shall give the nature of the works by means of which the 
 power is to be developed, the pressure head and amount of water 
 to be utilized, the points of diversion and release of the water, 
 and the uses to which the power is to be applied. If for the 
 construction of a reservoir, it shall give the dimensions and 
 description of dam, the capacity of the reservoir for each foot 
 in depth, the description of the land to be submerged, and the 
 uses to be made of the impounded waters. If for municipal 
 water supply, it shall give the present population to be served, 
 and, as near as may be the future requirements of the city. If 
 for mining purposes it shall give the location and the nature of 
 the mines to be served, and the methods of supplying and utilizing 
 the waters. All applications shall be accompanied by such maps 
 and drawings, and such other data as may hereafter be prescribed 
 by the Commissioner, and such accompanying data shall be con- 
 sidered as a part of the application. [As amended 1921.] 
 Acceptance Record- 
 Section 7. Upon receipt of an application it shall be the duty 
 of the Commissioner to make an endorsement thereon of the date 
 of its receipt and to keep a record of the same. If upon exam- 
 
4 WATER CODE OF THE STATE OF ARIZONA 
 
 ination the application is found to be defective it shall be returned 
 for correction or completion, and the date of and reasons for the 
 return thereof shall be endorsed thereon and made of record in his 
 office. No application shall lose its priority of filing on account 
 of such defects, provided acceptable maps and drawings and 
 data are filed in the office of the Commissioner within sixty days 
 from the date of said return to the applicant. All applications 
 which shall comply with the provisions of this act shall be re- 
 corded in a suitable book kept for that purpose, and it shall be 
 the duty of the Commissioner to approve all applications made 
 in proper form which contemplate the application of water to a 
 beneficial use, when the provisions of this act are complied with ; 
 but when the proposed use conflicts with vested rights, or is a 
 menace to the safety or against the interests and welfare of the 
 public, the application shall be rejected. 
 
 Before approving or rejecting the application the Commis- 
 sioner may require such additional information as will enable 
 him to properly guard the public interest, and may, in case of 
 applications proposing to divert more than ten cubic feet of 
 water per second, require a statement of the following facts: 
 In case of incorporated companies he may require the submission 
 of the articles of incorporation, the names and the places of 
 residence of directors and officers, and the amount of its author- 
 ized and its paid-up capital. If the applicant is not an incor- 
 porated company, he may require a statement as to the name 
 or names of the party or parties proposing to construct the work, 
 and a showing of facts necessary to enable him to determine 
 whether or not they have the financial ability to carry out the 
 proposed .work. He may also require of the applicant additional 
 data as to the unappropriated water in the source of supply as 
 will enable him to determine whether the proposed diversion will 
 conflict with vested rights. 
 Relative Values 
 
 An application may be approved for a less amount of water 
 than that applied for, if there exists substantial reasons therefor, 
 and in any event shall not be approved for more water than can 
 be applied to a beneficial use. Applications for municipal water 
 supplies may be approved to the exclusion of all subsequent 
 appropriations, if the exigencies of the case demand, upon con- 
 sideration and order by the Commissioner. As between two or 
 more conflicting applications under consideration of the Com- 
 missioner at the same time for the use of any water from a given 
 stream, lake, or other source of water supply where the capacity 
 of the supply is not sufficient for all applications and for which 
 no permit has been granted, preference shall be given by the 
 
WATER CODE OF THE STATE OF ARIZONA 5 
 
 Commissioner according to the relative values to the public of 
 the proposed uses to which the water is supplied. The said 
 relative values to the public shall be taken by the Commissioner 
 for this purpose in the following order of importance : 
 
 First : Domestic and municipal uses. 
 
 Domestic use shall be construed to include gardens not ex- 
 ceeding one-half acre to each family. 
 
 Second : Irrigation and stock watering. 
 Third: Water power and mining uses. 
 [As amended 1921.] 
 Approval- 
 Section 8. The approval or rejection of an application shall 
 be endorsed thereon, and a record made of such endorsement in 
 the Commissioner's office. The application so endorsed shall be 
 returned immediately to the applicant in person or by mail. 
 If approved, the applicant shall be authorized, on receipt thereof, 
 to proceed with the construction of the necessary works and to 
 take all steps required to apply the water to a beneficial use, and 
 to perfect the proposed appropriation. If the application is 
 refused, the applicant shall take no steps toward the construction 
 of the proposed work or the diversion and the use of water so 
 long as such refusal shall continue in force. 
 
 Assignment- 
 Section 9. Any permit to appropriate water may be assigned, 
 subject to the conditions of the permit, but no such assignment 
 shall be binding, except upon the parties thereto, unless approved 
 by and filed for record with the Commissioner; and every per- 
 mittee, under the provisions of this act, if he accepts such permit, 
 shall accept the same under the conditions precedent, that no 
 value whatsoever in excess of the actual amount paid to the 
 State therefor shall at any time be assigned to or claimed for any 
 permit granted under the provisions of this act, or for any rights 
 granted or acquired under the provisions of this act; in respect 
 to the regulation by any competent public authority of the 
 services to be rendered by any permittee, his heirs, successors or 
 assigns; or in respect to any valuation for purposes of sale to, or 
 purchase whether through condemnation proceedings or other- 
 wise by, the State or any city, county, municipal water district, 
 irrigation district, or any political subdivision of the State, of 
 the rights and property of any permittee, or the possessor of 
 any rights granted or acquired under the provisions of this act. 
 
6 WATER CODE OF THE STATE OF ARIZONA 
 
 Construction- 
 Section 10. Actual construction work, except under appli- 
 cations by municipal corporations for municipal uses or purposes 
 shall begin within one year from the date of approval of the 
 application, and the construction on any proposed irrigation or 
 other work shall thereafter be prosecuted with reasonable dili- 
 gence and be completed within a reasonable time, as fixed in the 
 permit, not to exceed five years from the date of such approval. 
 The commissioner shall, for a good cause shown, order and allow 
 an extension of time, including an extension beyond the five 
 year limitation, and in determining such extension, shall give due 
 weight to the magnitude, physical difficulties and cost of the 
 proposed work. 
 
 Appeal- 
 Section 11. An applicant may appeal to the court herein- 
 after specified for relief, which may modify the decisions of the 
 Commissioner if it shall appear that he has abused the authority 
 reposed in him by law. Such appeal shall be taken within sixty 
 days from the date of such decision by the Commissioner and 
 shall be perfected when the applicant shall have filed with the 
 court a copy of the order appealed from, together with a petition 
 setting forth the appellant's reason for appeal, and such appeal 
 shall be heard and determined upon such competent proof as 
 shall be adduced by the applicant, and such like proofs as shall 
 be adduced by the commissioner. 
 
 Reservoirs- 
 Section 12. All applications for reservoir permits shall be 
 subject to the provisions of the foregoing sections except that 
 an enumeration of any lands proposed to be irrigated under this 
 act shall not be required in the primary permit. But the party 
 or parties proposing to apply to a beneficial use the water stored 
 in any such reservoir shall file an application for permit, to be 
 known herein as the secondary permit, in compliance with the 
 provisions of the foregoing sections. Said application shall refer 
 to such reservoir for a supply of water and shall show by docu- 
 mentary evidence that an agreement has been entered into with 
 the owners of the reservoir for a permanent and sufficient interest 
 in said reservoir to impound enough water for the purposes set 
 forth in said application. When beneficial use has been com- 
 pleted and perfected under the secondary permit, the Commis- 
 sioner shall take the proof of the water user under such permit 
 and the final certificate of appropriation shall refer to both the 
 ditch described in the secondary permit and the reservoir de- 
 scribed in the primary permit. If at any time it shall appear to 
 
WATER CODE OF THE STATE OF ARIZONA 7 
 
 the Commissioner after a hearing of the parties interested and 
 on investigation that the holder of the said appropriation will 
 not or cannot within a reasonable period develop the streams 
 then the Commissioner in his discretion may permit the joint 
 occupancy and use with the holder of the appropriation by any 
 and all applicants qualified under the provisions of this act and 
 applying for such joint occupancy to the extent deemed advisable 
 by the Commissioner provided that the applicant or applicants 
 shall be required to pay to the party owning such works a pro-rata 
 portion of the total cost of the old and the new works, such pro- 
 rata cost to be based on the proportion of water used by the 
 original and the additional users of such works. 
 
 Certificates- 
 Section 13. Upon it being made to appear to the satisfaction 
 of the Commissioner that any appropriation has been perfected 
 in accordance with the provisions of this act, it shall be his duty 
 to issue to the applicant a certificate of the same character as 
 that described in Section 27. Said certificate shall be recorded 
 and transmitted to the applicant as provided in said section. 
 Certificates issued for rights to the use of water for power develop- 
 ment acquired under the provisions of this act shall limit the right 
 or franchise to a period of forty years from the date of application, 
 subject to a preference right of renewal under the laws existing 
 at the date of expiration of such franchise or right. 
 Priority 
 
 Section 14. The right acquired by such appropriation shall 
 date from the filing of the application in the office of the Com- 
 missioner. 
 
 Reciprocity Between States- 
 Section 15. No permit for the appropriation of water shall 
 be denied because of the fact that the point of diversion described 
 in the application for such permit, or any portion of the works 
 in such application described and to be constructed for the 
 purpose of storing, conserving, diverting or distributing such 
 water, or the place of intended use or the lands to be irrigated 
 by means of such water, or any part thereof, may be situated in 
 some other State; but in all such cases where either the point 
 of diversion or any of such works or the place of intended use, 
 or the lands, or part of the lands, to be irrigated by means of 
 such water, are situated within the State of Arizona, the permit 
 shall issue as in other cases; provided, however, that the Com- 
 missioner may in his discretion, decline to issue a permit where 
 the point of diversion described in the application is within the 
 State of Arizona but the place of beneficial use in some other 
 
8 WATER CODE OF THE STATE OF ARIZONA 
 
 State, unless under the laws of such State water may be lawfully 
 diverted within such State for beneficial use in the State of 
 Arizona. 
 
 Determination 
 
 Section 16. Upon the initiative of the Commissioner or upon 
 a petition to him signed by one or more water users upon any 
 stream, requesting the determination of the relative rights of the 
 various claimants to the waters of that stream, it shall be his 
 duty, if, upon investigation he finds the facts and conditions are 
 such as to justify, to make a determination of the said rights, 
 fixing a time for beginning the taking of testimony and the 
 making of such examination as will enable him to determine the 
 rights of the various claimants. In case suit has been brought 
 in any State Court for the determination of rights to the use of 
 water, the case may, in the discretion of the Court be transferred 
 to the Commissioner for determination as in this act provided. 
 But in such case, no proceedings shall be had by the Commis- 
 sioner until such transfer is made. Provided, that in the deter- 
 mination of water rights on any water shed or any part thereof 
 or upon any other source of supply where the dates of appropria- 
 tion of water on all or any part of such water shed shall have been 
 determined in a judgment or decree of any court in any action 
 or proceeding concluded prior to or pending at the date of the 
 taking effect of this act, the Commissioner shall accept such 
 dates of appropriation as found or fixed in such decree or judg- 
 ment as correct arid nothing herein shall be held or construed to 
 require the owner of any appropriation which shall have been 
 adjudicated in such decree or judgment, to appear in or for any 
 purpose take notice of, any of the proceedings, investigations or 
 hearings authorized by this act. Abandonment or other loss of 
 any right of any appropriation awarded in any such decree may 
 be affirmatively shown, but nothing in this act shall be so con- 
 strued as to revive any rights to the used water which have been 
 lost by abandonment, forfeiture or non-user. 
 
 Newspaper Notices- 
 Section 17. The Commissioner shall prepare a notice setting 
 forth a date when he will begin an investigation of the flow of the 
 stream and of the ditches diverting water therefrom, and the land 
 irrigated thereby; such notice shall set forth that all claimants to 
 rights in the water of said stream will be required, as in this act 
 provided, to make proof of their claims when called upon by the 
 Commissioner, which notice shall be published in two issues of 
 one or more newspapers having general circulation in the counties 
 in which such stream is situated. [As amended 1921.] 
 
WATER CODE OF THE STATE OF ARIZONA 9 
 
 Stream Examination- 
 Section 18. It shall be the duty of the Commissioner to make 
 an examination of said stream and the works diverting water 
 therefrom, said examination to include a study of the discharge 
 of said stream from existing data and from additional measure- 
 ments and of the carrying capacity to the various ditches and 
 canals, examination of the irrigated lands, and a substantially 
 accurate measurement of the lands irrigated or susceptible of 
 irrigation from the various ditches and canals; and to take such 
 other steps and gather such other data and information as may 
 be essential to the proper understanding of the relative rights of 
 the parties interested; which said investigations shall be reduced 
 to writing and made a matter of record in this office, and such 
 records and data shall be made conveniently accessible to the 
 public. It shall be the duty of the Commissioner to make or 
 cause to be made a map or plat on a scale of not less than one 
 inch to the mile, showing with substantial accuracy the course of 
 said stream, the location of such ditch or canal diverting water 
 therefrom, and the legal subdivisions of lands which have been 
 irrigated or which are susceptible of irrigation from the ditches 
 and canals already constructed. [As amended 1921.] 
 
 Notice to Claimants- 
 Section 19. During the said investigation the Commissioner 
 shall send by registered mail to each person, firm, corporation, 
 irrigation district or municipality hereafter designated as claimant 
 claiming the right to the use of any of the waters of said stream, 
 insofar as such claimants can reasonably be ascertained, a notice 
 setting forth the date when the Commissioner will begin the tak- 
 ing of testimony as to the rights to the waters of said stream, or 
 source of supply, said notice must be mailed at least thirty days 
 prior to the date set therein for the taking of testimony, and shall 
 also be published in two issues of one or more newspapers having 
 general circulation in the counties in which such stream is situ- 
 ated. The Commissioner shall have the power to adjourn the 
 taking of testimony from time to time and from place to place to 
 suit the convenience of those interested. [As amended 1921.] 
 
 Statement by Claimant 
 
 Section 20. The commissioner shall, in addition, enclose with 
 said notice a blank form on which said claimant or owner shall 
 present in writing all the particulars necessary for the deter- 
 mination of his right to the waters of the stream to which h lays 
 claim, the said statement to include the following : The name and 
 postoffice address of the claimant; the nature of the right or use 
 on which the claim is based ; the time of initiation of such (right 
 
10 WATER CODE OF THE STATE OF ARIZONA 
 
 and) or the commencement of such use, and if distributing works 
 are required; the date of beginning of construction; the date when 
 completed; date of beginning and completion of enlargements; 
 the dimensions of the ditch as originally constructed and as 
 enlarged; the date when water was first used for irrigation or 
 other beneficial purposes, and if used for irrigation, the amount 
 of land reclaimed the first year, the amount in subsequent years, 
 with the date of reclamation, and the amount and general location 
 of the land such ditch is intended to irrigate ; the character of the 
 soil and the kind of crops cultivated and such other facts as will 
 show a compliance with the law in acquiring the right. [As 
 amended 1921.] 
 
 Oath of Claimant- 
 Section 21. Each claimant or owner shall be required to 
 certify to his statements under oath 'and the Commissioner and 
 those deputized by him are hereby authorized to administer such 
 oaths, which shall be done without charge, as also shall be the 
 furnishing of blank forms for said statement. [As amended 1921.] 
 
 Fees 
 
 Section 22. At the time of the submission of proof of appro- 
 priation, or at the time of the taking of testimony for the deter- 
 mination of rights to water, the Commissioner shall collect from 
 each of the claimants or owners a fee of two dollars ($2.00) for 
 the purpose of recording the water right certificate, when issued, 
 in the office of the county recorder together with the additional 
 fee of twelve cents for each acre of irrigated lands up to and 
 including one hundred acres, and ten cents per acre for each acre 
 in excess of one hundred acres; also twenty-five cents for each 
 theoretical horsepower up to and including one hundred horse- 
 power, and fifteen cents for each horsepower in excess of one 
 hundred up to and including one thousand horsepower, and five 
 cents for each horsepower in excess of one thousand horsepower 
 up to and including two thousand horsepower, and two cents 
 for each horsepower in excess of two thousand horsepower as set 
 forth in such proof, the minimum fee, however, for any claimant 
 or owner in such cases to be $2.50; also a fee of $5.00 for any 
 other character of claim to water. All fees collected by the Com- 
 missioner shall be paid into the State Treasury to become a part 
 of a fund to be known as the State Water Fund; which fund shall 
 be kept separately from all other state funds by the State Treas- 
 urer and used by him to the extent of its resources and in prefer- 
 ence to the use of any other appropriation of the State funds, for 
 the payment of the duly authorized expenses of the Commis- 
 sioner. [As amended 1921.] 
 
WATER CODE OF THE STATE OF ARIZONA 11 
 
 Inspection- 
 Section 23. Upon the completion of the taking of testimony 
 the Commissioner shall at once give notice by registered mail to 
 the various claimants that at a time and place named in the 
 notice not less than ten days thereafter, all of said evidence shall 
 he open to inspection of the various claimants or owners, and said 
 Commissioner shall keep said evidence open to inspection at said 
 places not less than thirty days, and such other time as fixed in 
 the notice. [As amended 1921.] 
 
 Contests- 
 Section 24. Should any person, corporation or association 
 owning or operating any irrigation works, or claiming any interest 
 in the stream or streams involved in the determination, desire to 
 contest any of the rights of the persons, corporations or associa- 
 tions who have submitted their evidence to the Commissioner as 
 aforesaid, such persons, corporations or associations shall within 
 five days after the expiration of the period as fixed in the notice 
 for public inspection, notify the Commissioner in writing, stating 
 with reasonable certainty the grounds of their proposed contest, 
 which statement shall be verified by the affidavit of the con- 
 testant, his agent or attorney, and the said Commissioner shall 
 notify the said contestant and thf person, corporation or associa- 
 tion, whose rights are contested, to appear before him at such con- 
 venient place as he shall designate in said notice. [As amended 
 1921.] 
 
 Hearing Contest 
 
 Section 25. The Water Commissioner shall fix the time and 
 place for the hearing of said contest, which date shall be not less 
 than 30 days nor more than 60 days from the date the notice is 
 served on the party, association or corporation, which notice 
 may be served either by registered mail addressed to the claim- 
 ants to their postoffice addresses as stated in the statement and 
 proof of claimant, or personally and returns made thereof in the 
 same manner as summons are served in civil actions in the Su- 
 perior Courts of this state. The Commissioner shall have power 
 to adjourn hearings from time to time upon reasonable notice to 
 all the parties interested, and to issue subpoenas and compel the 
 attendance of witnesses to testify upon such hearings, which 
 shall be served in the same manner as subpoenas issued out of. 
 the Superior Courts of the state, and shall have the power to 
 compel such witnesses so subpoenaed to testify or give evidence 
 in said matter, and shall have the power to order the taking of 
 depositions and to issue commissions therefor in such manner as 
 he may provide by rule, and said witnesses shall receive fees. as. 
 
12 WATER CODE OF THE STATE OF ARIZONA 
 
 in civil cases, the costs to be taxed in the same manner as are the 
 costs in suits in equity. The evidence in such proceedings shall 
 be confined to the subjects enumerated in the notice and state- 
 ment of contest. [As amended 1921.] 
 
 Order of Determination- 
 Section 26. As soon as practicable after the compilation of 
 said data and the filing of said evidence in the office of the 
 Commissioner he shall make and cause to be entered of record 
 in his office, findings of fact and an order of determination deter- 
 mining and establishing the several rights to the waters of said 
 stream. The original evidence filed with the Commissioner and 
 certified copies of the observations and measurements and maps 
 of record in his office, in connection with such determination, 
 together with a copy of the order of determination and findings 
 of the Commissioner, as the same appears of record in his office, 
 shall be certified to and filed with the clerk of the Superior Court 
 in the county in which reside the greatest number of water users 
 whose rights are determined by such order of determination; and 
 such court, subject to the provisions of law for change of venue 
 and change of judge, shall be the court in which determination 
 of the water rights shall be made, and is referred to in this act 
 as the court. It shall become the duty of the judge or judges of 
 said court to hear the determination and to enter a decision and 
 decree and all expenses of the court in connection therewith not 
 chargeable as costs shall be paid out of the State Water Fund. 
 A certified copy of such order of determination and findings shall 
 be filed in every county in which such stream, or any portion 
 of a tributary, is situated with the county recorder. Upon the 
 filing of such evidence and order with the Court the Commissioner 
 shall procure an order from said Court or any judge thereof, 
 fixing the time at which the determination shall be heard in said 
 court, which hearing shall be at least forty days subsequent to 
 the date of such order. The clerk of said court shall, upon the 
 making of such order, forthwith deliver a certified copy thereof, 
 to the Commissioner and said Commissioner shall immediately 
 upon receipt thereof notify each claimant or owner who has ap- 
 peared in the proceeding, of the time and place for such hearing. 
 Service of such notice shall be deemed complete upon depositing 
 such notice in the postoffice as registered mail, addressed to such 
 claimant or owner at his postoffice address, as set forth in his 
 proof, theretofore filed in the proceedings. Proof of such service 
 shall be made and filed with the Court by the Commissioner as 
 soon as possible after the mailing of such notices. The deter- 
 mination of the Commissioner shall be in full force and effect 
 from the date of its entry in the records of his office. 
 
WATER CODE OF THE STATE OF ARIZONA 13 
 
 Filing Exceptions to Order- 
 Section 27. From and after the filing of the evidence and 
 order of determination in the Court, the proceedings shall be as 
 near as may be like those in a suit in equity, except that any 
 proceedings, including the entry of a decree, may be had in 
 vacation with the same force and effect as in term time. At 
 any time prior to the hearing provided for, any party, or parties 
 jointly interested, may file exceptions in writing to such findings 
 and order of determination, or any part or parts thereof, which 
 exceptions shall state with a reasonable degree of certainty the 
 grounds of the exceptions and shall specify the particular para- 
 graphs or parts of such findings and order excepted to. A copy 
 of such exceptions, verified by such exceptor, or certified to by 
 his attorney, shall be served upon such claimant, who was an 
 adverse party to any contest or contests wherein such exceptor 
 was party in the proceedings prior to such hearing. Such service 
 shall be made by the exceptor or his attorney upon each of such 
 adverse parties in person, or upon the attorney of such party 
 if he has appeared by attorney, or upon his agent, and if such 
 adverse party is a nonresident of the State, such service may be 
 made by mailing such copy to such adverse party by registered 
 mail, addressed to his place of residence, as set forth in his proof 
 filed in the proceedings. If no exceptions are filed, the Court 
 shall on the day set for the hearing enter a decree affirming the 
 determination of the Commissioner. If exceptions are filed upon 
 the day set for the hearing the Court shall fix a time not less 
 than thirty days (30) thereafter, unless for good cause shown 
 such time be extended by the Court, at which time a hearing 
 will be had upon such exceptions. All parties may be heard upon 
 the consideration of the exceptions, and the Commissioner may 
 appear on behalf of the State either in person or by the Attorney 
 General. The Court may, if necessary, remand the case to the 
 Commissioner for such further testimony as it may direct, and 
 upon the completion of such testimony, said Commissioner may 
 be required to make a further order of determination. After final 
 hearing the Court shall enter a decree affirming or modifying 
 the order of the Commissioner and may assess such costs as it 
 may deem just. The clerk of the Court, immediately upon the 
 entry of any decree by the said Court shall transmit a certified 
 copy of said decree to the Commissioner, who shall immediately 
 enter the same upon the record of his office. 
 
 Order Pending- 
 Section 28. During the time the hearing of the order of the 
 Commissioner is pending in the Court, and until a certified copy 
 
14 WATER CODE OF THE STATE OF ARIZONA 
 
 of the judgment, order or decree of the Court is transmitted to 
 the Commissioner, the division of water from the stream involved 
 in such appeal shall be made in accordance with the order of the 
 Commissioner. 
 
 Certificate- 
 Section 29. Upon the final determination of the rights to 
 the waters of any stream, it shall be the duty of the Commissioner 
 to issue to each person, association or corporation represented in 
 such determination a certificate to be signed by the Commis- 
 sioner and attested under his seal, setting forth the name and 
 postoffice address of the owner of the right; the priority of date 
 and the extent and purpose of such right; and if such water be 
 for irrigation purposes, a description of the legal subdivisions of 
 land to which said water is appurtenant, such certificate shall be 
 transmitted by the Commissioner in person or by registered mail 
 to the county recorder of the county in which such right is 
 located, and it shall be the duty of the county recorder upon 
 receipt of the recording fee of $2.00 collected as hereinbefore 
 provided, to record the same in a book especially prepared and 
 kept for that purpose, and thereupon immediately transmit the 
 certificates to the respective owners. [As amended 1921.] 
 
 Re -Hearing- 
 Section 30. Within six months from the date of the decree 
 of the Court determining the rights upon any stream, the Com- 
 missioner or any party interested may apply to the Court for a 
 rehearing upon grounds to be stated in the application. There- 
 upon, if in the discretion of the court it shall appear that there 
 are good grounds for rehearing, the Court shall make an order 
 fixing a time when such application shall be heard. The clerk 
 of the Court shall, at the expense of the petitioner, forthwith 
 mail written notice of said application to the Commissioner and 
 to every party interested, and state in such notice the time and 
 place when such application will be heard. 
 
 Determination When Conclusive 
 
 Section 31. The Determination of the Commissioner as con- 
 firmed or modified as provided by this act in proceedings shall 
 be conclusive as to all prior rights and the rights of all existing 
 claimants upon the stream or other body of water lawfully em- 
 braced in the determination. 
 
 Intervention 
 
 Section 32. Whenever proceedings shall be instituted for the 
 determination of the rights to the use of any water, it shall be the 
 
WATER CODE OF THE STATE OF ARIZONA 15 
 
 duty of all claimants interested therein to appear and submit 
 proof of their respective claims at the time and in the manner 
 required by law; and any such claimant who shall fail to appear 
 in such proceedings and submit proof of his claims shall be barred 
 and estopped from subsequently asserting any right theretofore 
 acquired upon the stream or other body of water embraced in 
 such proceedings, and shall be held to have forfeited all rights to 
 the use of said water theretofore claimed by him. Any person, 
 association or corporation interested in the water of any stream 
 upon whom or which no service of notice shall have been had of 
 the pendency of proceedings for the determination of the rights 
 to the use of the water of said stream, and who or which shall 
 have no actual knowledge or notice of the pendency of said pro- 
 ceedings, may at any time prior to the expiration of one year 
 after the entry of the determination of the Commissioner file a 
 petition to intervene in said proceedings. Such petition shall 
 contain, among other things, all matters required by this act, 
 of claimants who have been duly served with notice of said 
 proceedings and also a statement that the intervenor had not 
 actual knowledge or notice of the pendency of said proceedings. 
 Upon the filing of said petition in intervention, the petitioner 
 shall be allowed to intervene upon such terms as may be equitable 
 and thereafter shall have all rights vouchsafed by this act to 
 claimants who have been duly served. 
 
 Preparing Record for Inspection- 
 Section 33. Whenever the rights to the waters of any stream 
 have been determined as herein provided, and it shall appear 
 by the record of such determination that it had not been at one 
 and the same proceeding, then in such case the Commissioner 
 may open to public inspection, all proofs and evidence of rights 
 to the water, and his finding in relation thereto in the manner 
 provided in Section 22; and any person, corporation, or associa- 
 tion who may desire to contest the claims or rights of other per- 
 sons, corporations or associations, as set forth in the proofs or 
 established by the Commissioner shall proceed in the manner 
 provided for in Sections 23 and 24; provided, that contests may 
 not be entered into and shall not be maintained except between 
 claimants who were not parties to the same adjudication pro- 
 ceedings in the original hearings. 
 
 Water Districts- 
 Section 34. The Commissioner shall divide the State into 
 water districts with due reference to drainage watersheds, said 
 water districts to be so constituted as to secure the best protection 
 
16 WATER CODE OF THE STATE OF ARIZONA 
 
 to the claimants for water and the most economical supervision 
 on the part of the State ; said water districts shall not be created 
 until a necessity therefor shall arise but shall be created from time 
 to time as the claims thereof from the streams of the State shall 
 be determined. [As amended 1921.] 
 
 WATER SUPERINTENDENT APPOINTED 
 
 Section 35. There shall be appointed by the Commissioner 
 one water superintendent for each water district. Each water 
 superintendent shall take and subscribe to an oath to support 
 the provisions of this act and to fulfil the orders of the Com- 
 missioner. He shall hold his office until his successor is appointed 
 and qualifies, and the Commissioner shall by like selection and 
 appointment fill all vacancies which shall occur in the office of 
 water superintendent. Each water superintendent shall receive 
 such compensation as the Commissioner shall direct, such com- 
 pensation to be paid by the water users in the respective districts. 
 Each water superintendent shall keep a true and just account of 
 the time spent by him and his assistants in the duties of each 
 count}^ respectively in which his duties may extend and he shall 
 present a true copy thereof verified by oath to the Superior Court 
 of each county at the end of each month, whereupon the judge of 
 the Superior Court shall order the same paid, according to such 
 a distribution of the amount among the water users as the judge 
 shall deem equitable. 
 
 Duties of Water Superintendent 
 
 Section 36. It shall be the duty of each said water Super- 
 intendent to divide the water of the natural streams or other 
 sources of supply of his district among the several ditches and 
 reservoirs taking water therefrom, and among the laterals and 
 ditches according to the rights of each respectively in whole or 
 in part, and to shut and fasten, or cause to be shut and fastened, 
 the head gates of ditches, and shall regulate or cause to be regu- 
 lated, the controlling works of reservoirs, in time of scarcity of 
 water, as may be necessary by reason of the rights existing from 
 said streams of his district. The water superintendent shall have 
 authority to regulate the distribution of water among the various 
 users under any partnership ditch or reservoir where rights have 
 been determined, in accordance with existing decrees. When- 
 ever, in this pursuance of his duties, the water superintendent 
 regulates a head gate to a ditch or the controlling works of 
 reservoirs, it shall be his duty to attach to such head gate or con- 
 trolling works, a written notice properly dated and signed, setting 
 forth the facts that such head gate or controlling works has been 
 
WATER CODE OF THE STATE OF ARIZONA 17 
 
 properly regulated and is wholly under his control, and such 
 notice shall be legal notice to all parties interested in the division 
 and distribution of the water of such ditch or reservoir. It shall 
 be the duty of the county attorney to appear for or on behalf 
 of the water superintendent in any case which may arise in the 
 pursuance of the official duties of any such officer within the 
 jurisdiction of said County Attorney. 
 
 Right of Appeal- 
 Section 37. Said Water Superintendents shall, as near as may 
 be, divide, regulate and control the use of the water of all streams 
 within their districts by such closing or partially closing of the 
 head gates as will prevent the waste of water, or its use in excess 
 of the volume to which the owner of the right is lawfully entitled, 
 and any person who may be injured by the action of any water 
 superintendent shall have the right to appeal to the Superior 
 Court of the county for an injunction. Such injunction shall 
 only be issued in case it can be shown at the hearing that the 
 water superintendent has failed to carry into effect the order of 
 the Commissioner or decrees of the Court determining the existing 
 rights to the use of water. 
 
 Assistant Superintendents 
 
 Section 38. Said water superintendent shall have power, in 
 case of need, to employ suitable assistants to aid him in the dis- 
 charge of his duties. Such assistants shall take the same oath 
 as the water superintendent, and shall obey his instructions, and 
 each shall be entitled to such compensation per diem as the 
 Commissioner shall have fixed for such cases. Payment for such 
 services is to be made upon certificates of the superintendent in 
 the same manner as provided for the payment of the water 
 superintendent himself. 
 
 Water Lawfully Denied 
 
 Section 39. Any person who shall wilfully open, close, change 
 or interfere with any lawfully established head gate, measuring 
 device, or water box without authority, or who shall wilfully use 
 water or conduct water into or through his ditch which has been 
 lawfully denied him by the water superintendent or other compe- 
 tent authority, shall be deemed guilty of a misdemeanor. The 
 possession or use of water when the same shall have been lawfully 
 denied by the water superintendent of other competent authority, 
 shall be prima facie evidence of the guilt of the person using it. 
 
 Power to Arrest- 
 Section 40. The water superintendent or his assistants within 
 
18 WATER CODE OF THE STATE OF ARIZONA 
 
 his district, shall have power to arrest any person or persons 
 violating any of the provisions of this act and turn them over 
 to the Sheriff or other competent police officer within the county; 
 and upon delivering any such person so arrested into the custody 
 of the sheriff it shall be the duty of the water superintendent or 
 assistant making such arrest to immediately, in writing and upon 
 oath, make complaint before the proper justice of the peace 
 against the person so arrested. 
 
 DUTIES OF CANAL OWNERS, ETC. 
 
 Section 41. The owner or owners of any ditch or canal shall 
 maintain a substantial head gate at the point where the water 
 is diverted, which shall be of such construction that it can be 
 locked and kept closed by the water superintendent; and such 
 owners shall construct and maintain when required by the Com- 
 missioner suitable measuring devices at such points along such 
 ditch as may be necessary for the purpose of assisting the water 
 superintendent in determining the amount of water that is to be 
 diverted into said ditch from the stream, or taken away from it 
 by the various users. Any and every owner or manager of a 
 reservoir, located across or upon the bed of a natural stream, 
 shall be required to construct and maintain, when required by 
 the Commissioner, a measuring device of a plan to be approved 
 by the Commissioner below such reservoir, a gage graduated to 
 feet and tenths of feet inside the reservoir, together with capacity 
 table for same; and if necessary a measuring device above such 
 reservoir on each stream or source of supply discharging into such 
 reservoir, for the purpose of assisting the water superintendent in 
 determining the amount of water to which appropriators are 
 entit ed and thereafter diverting it for such appropriator's use. 
 When it may be necessary for the protection of other water 
 users, the Commissioner may require flumes to be installed along 
 the line of any ditch. If any such owner or owners of irrigation * 
 works shall refuse or neglect to construct and put in such head 
 gates, flumes, or measuring devices after twenty days notice, 
 the Commissioner may close such ditch and the same shall not 
 be opened or any water diverted from the source of supply, 
 under the penalties prescribed by law for the opening of head 
 gates lawfully closed until the requirements of the Commissioner 
 as to such head gate, flumes or measuring device have been 
 complied with, and if any owner or manager of a reservoir located 
 across the bed of a natural stream shall neglect to put in such 
 measuring device after twenty days' notice, the said Commis- 
 sioner may open the sluice gate or outlet of such reservoir and 
 the same shall not be closed under penalties of the law for chang- 
 
WATER CODE OF THE STATE OF ARIZONA 19 
 
 ing or interfering with head gates, until such measuring devices 
 are installed. [As amended 1921.] 
 
 INSPECTION OF DAMS 
 
 Section 42. Before the beginning of construction of a storage 
 dam whose maximum height is to be ten feet or more, or one 
 which will impound fifty acre feet or more of water, the owner 
 shall present complete plans of same to the Commissioner for his 
 approval, and construction shall not commence until such ap- 
 proval shall be received in writing. Under no circumstances 
 shall water be stored in such a reservoir until the dam as con- 
 structed shall have been accepted by the Commissioner. The 
 violation of this clause shall be considered a misdemeanor. 
 
 The Commissioner shall have authority to examine any dam, 
 authorized under the provisions of this act or any ditch, canal, 
 obstruction, diversion, or other work, and shall have authority 
 to examine and inspect said dam or other work during con- 
 struction; and at the time of such examination or inspection, or 
 thereafter, the Commissioner shall notify in writing the parties 
 constructing or owning such dam or other works, of any addition 
 or alteration which he considers necessary for the security of 
 the work or the safety of .the public or of any person or persons 
 residing on or owning land in the vicinity or below such works, 
 or for the safety of their property, even to the extent of requiring 
 the lowering of the water line. Failure to comply with the Com- 
 missioner's instructions shall be considered a misdemeanor. [As 
 amended 1921.] 
 
 Application for Inspection 
 
 Section 43. No storage dam shall be constructed, the capacity 
 of whose outlet is not large enough to pass the normal flow of the 
 stream on which the dam is located. 
 
 Should any person or persons residing on or owning land in 
 the neighborhood of any irrigation works after completion, or in 
 the course of construction, apply to the Commissioner in writing 
 desiring an inspection of such works the Commissioner may order 
 an inspection thereof. Before doing so he may require the 
 applicant for such inspection to make a deposit of a sum of money 
 sufficient to pay the expenses of an inspection, and in case the 
 application appears to said Commissioner not to have been justi- 
 fied, he may cause the whole or part of such expense to be paid 
 out of such deposit. In case the application appears to the 
 Commissioner to have been justified, he may require the owner 
 of the works to pay the whole or any part of the expenses of the 
 inspection, and the same shall constitute a valid lien against the 
 
20 WATER CODE OF THE STATE OF ARIZONA 
 
 works, which may be enforced in the same manner as provided 
 for the enforcement of mechanics' liens. [As amended 1921.] 
 
 USE OF BED OF STREAM AS CARRIER 
 
 Section 44. Whenever the owner, manager or lessee of a 
 reservoir, constructed under the provisions of this act, shall 
 desire to use the bed of a stream, or other watercourse, for the 
 purpose of carrying stored or impounded water from the reservoir 
 to the consumer thereof, he shall in writing, notify the water 
 superintendent of the district in which the stored or impounded 
 waters are to be used, giving the date when it is desired to dis- 
 charge water from such reservoir, its volume, and the names of 
 all persons and ditches entitled to its use. It shall then be the 
 duty of such water superintendent to supervise the opening of 
 such reservoir gates and to close or to so adjust the head gates 
 of all ditches from the stream of water courses, not entitled to 
 the use of such stored water, as will enable those having the right 
 to secure the volume to which they are entitled. 
 
 DISAGREEMENT OF WATER USERS 
 
 Section 45. Whenever any water users from any ditch or 
 reservoir, are unable to agree relative to the distribution or 
 division of water through or from said ditch or reservoir, it shall 
 be lawful for such water users to apply to the water superin- 
 tendent of the district in which said ditch or reservoir is located, 
 by written notice, setting forth such facts, asking the water 
 superintendent to regulate such ditch or reservoir for the purpose 
 of making a just division or distribution of water from the same 
 to the parties entitled to the use thereof. The judge of any 
 Superior Court may also direct the water superintendent of the 
 district to take charge of and enforce any decree relative to water 
 rights made under the jurisdiction of said Court pending a deter- 
 mination of all the water rights of the watershed. Upon receiving 
 such order, the said water superintendent shall regulate such di-tch 
 or reservoir for the purpose of dividing or distributing the water 
 therefrom in accordance with the established rights Continuing 
 the said work until the necessity therefor shall cease to exist. 
 Said rights shall be deemed to have been established when the 
 same have been determined by the Commissioner, by any decree 
 of any Superior Court of this State or by contract or other written 
 agreement. 
 
 USE BY ROTATION 
 
 Section 46. To bring about a more economical use of the 
 available water supply, it shall be lawful for water users owning 
 
WATER CODE OF THE STATE OF ARIZONA 21 
 
 lands which have attached water rights, to rotate in the use of 
 supply to which they may be collectively entitled, and whenever 
 two or more water users shall notify the water superintendent 
 that they desire to use the water by rotation and shall present a 
 written agreement as to the manner of such rotation, the water 
 superintendent shall distribute the water in accordance with such 
 written agreement. 
 
 INJUNCTIONS 
 
 Section 47. In suits for injunction affecting the use of water 
 from streams upon which the rights to use water have been 
 determined, no restraining order shall be granted before hearing 
 had after at least ten days' notice thereof served upon all persons 
 defendant. All suits for injunction involving the use of water 
 shall be heard, either in term time or during vacation, not later 
 than fifteen days after issues joined, unless for good cause shown 
 further time be allowed. 
 
 TRANSFER OF WATER RIGHT 
 
 Section 48. All water used in this State for irrigation pur- 
 poses shall remain appurtenant to the land upon which it is used; 
 provided, that if for any natural cause beyond control of the 
 owners it should at any time become impracticable to bene- 
 ficially or economically use water for irrigation of any land to 
 which water is appurtenant, said right may be severed from said 
 land, and simultaneously transferred and become appurtenant to 
 other land, without losing priority of right theretofore estab- 
 lished, if such change can be made without detriment to existing 
 rights, on the approval of an application of the owner to the 
 Commissioner. Before the approval of such transfer an inspec- 
 tion shall be made by the Commissioner or persons deputized by 
 him, and the Commissioner shall approve or disapprove such 
 transfer and prescribe the conditions therefor. Such order shall 
 be subject to appeal as in this act provided. [As amended 1921.] 
 
 MISDEMEANOR 
 
 Section 49. The unauthorized use of water to which another 
 person is entitled, or the unauthorized diversion of water from 
 a stream, or the wilful waste of water to the detriment of another, 
 or the diversion of a stream to the injury or threatened injury 
 of the lands of another shall be a misdemeanor and the possession 
 or such use of water shall be prima facie evidence of the guilt 
 of the person using it. It shall also be a misdemeanor to use, 
 store, or divert any water until after the issuance of permit to 
 appropriate such waters. 
 
22 WATER CODE OF THE STATE OF ARIZONA 
 
 Misdemeanor 
 
 Section 50. Whenever any appropriator of water has the 
 lawful right of way for the storage, diversion or carriage of 
 water, it shall be unlawful to place or maintain any obstruction 
 that shall interfere with the use of the works, or prevent con- 
 venient access thereto. Any violation of the provisions of this 
 Section shall be a misdemeanor. 
 
 FEES 
 
 Section 51. The following fees shall be collected by the 
 Commissioner in advance and be paid by him into the State 
 Water Fund of the State Treasury on the last day of each month. 
 
 1. For examining an application for permit to appropriate 
 water, $3.00. 
 
 2. For filing and recording permit to appropriate water for 
 irrigation purposes, twelve cents per acre for each acre to be 
 irrigated up to and including one hundred acres, and ten cents 
 per acre for each acre in excess of one hundred acres, or in case 
 the application is for power purposes, twenty-five cents for each 
 theoretical horsepower to be developed up to and including one 
 hundred, and ten cents for each horsepower in excess of one 
 hundred and up to and including one thousand, and five cents 
 for each horse power in excess of one thousand; or in case the 
 application is for any other purpose, $5.00 for filing and recording 
 each permit. 
 
 3. For filing or recording any other water right instrument, 
 $1.00 for the first hundred words and ten cents for each additional 
 hundred words or fraction thereof. 
 
 4. For making copy of any document recorded or filed in 
 his office, ten cents for each hundred words or fraction thereof; 
 but where the amount exceeds $5.00, then only the actual cost 
 in excess of that amount shall be charged. 
 
 5. For certifying copies, documents, records, or maps, $1.00 
 for each certificate. 
 
 6. For blue print copy of any map or drawing, ten cents per 
 square foot or fraction thereof. For such other work as may be 
 required of his office, actual cost of the work. [As amended 1921.] 
 
 METHOD OF APPEAL 
 
 Section 52. The decisions of the Commissioner shall be sub- 
 ject to appeal to the Court, as heretofore prescribed, which appeal 
 shall be governed by the practice of suits in equity, unless other- 
 wise provided herein. 
 
WATER CODE OF THE STATE OF ARIZONA Jo 
 
 Oaths, Subpoena, Etc. 
 
 Section 53. The Commissioner may administer oaths, cer- 
 tify official acts, subpoena witnesses, issue subpoenas duces tecum 
 for the production of books, papers, drawings and documents, 
 in the manner and with like powers as those provided for the 
 corporation commission in the performance of their official duties. 
 [As amended 1921.] 
 
 APPROPRIATION 
 
 Section 54. There is hereby appropriated out of any moneys 
 in the general fund of the State Treasury not otherwise appro- 
 priated, the sum of $15,000.00 annually, or so much thereof as 
 may be necessary for the payment of the salaries and expenses 
 incurred under the* provisions of this act. And there is hereby 
 appropriated out of the General Fund of the State Treasury 
 for the year 1919-20 a special fund of $10,000.00 for the purpose 
 of collecting data for the adjudication of the Gila River, exclusive 
 of the Salt River, such sum to be the basis of a revolving fund 
 to be used consecutively in the adjudication of the water sheds 
 of the State. These moneys shall be paid into the State Water 
 Fund. 
 
 ATTORNEY-GENERAL 
 
 Section 55. The Attorney General shall be the legal advisor 
 of the Commissioner in all matters appertaining to the operation 
 of this act, and shall perform any and all legal duties necessary 
 in connection with this work without other compensation than 
 his salary as fixed by law. 
 
 VESTED AND DECREED RIGHTS 
 
 Section 56. Nothing in this act contained, shall impair the 
 vested rights of any person, association or corporation to the 
 use of water. 
 
 Nor shall anything in this act contained, affect relative prior- 
 ities to the use of water between or among parties to any decree 
 of the courts rendered in causes determined or pending prior to 
 the taking effect of this act. 
 
 Nor shall the right of any person, association or corporation 
 to take and use water be impaired or affected by any of the 
 provisions of this act where appropriations have been initiated 
 prior to the filing of this act in compliance with laws then exist- 
 ing, and such appropriators, their heirs, successors or assigns 
 shall, in good faith and in compliance with the laws existing at 
 the time of the filing of this act in the office of the Secretary of 
 State, commence the construction of works for the application 
 
24 WATER CODE OF THE STATE OF ARIZONA 
 
 of the water so appropriated to a beneficial use and thereafter 
 prosecute such work diligently and continuously to completion, 
 but all such rights shall be adjudicated in the manner provided 
 in this act. 
 
 PENALTY 
 
 Section 57. All violations of the provisions of this act, de- 
 clared herein to be misdemeanors, shall be punished by a fine not 
 exceeding $250.00 nor less than $10.00, or by imprisonment in 
 the county jail, not exceeding six months, or by both such fine 
 and imprisonment. 
 
 EMINENT DOMAIN 
 
 Section 58. Nothing herein contained shall be construed to 
 deprive the State or any City, municipal water district, irrigation 
 district, or political subdivision of the State or any person, com- 
 pany or corporation, of any rights which under the law of this 
 State they may have, to acquire property by or through eminent 
 domain proceedings. 
 
 BIENNIALLY REPORT 
 
 Section 59. The Commissioner shall prepare and render to 
 the Governor, biennially, and oftener if required, full and true 
 reports of his work relating to the matters and duties devolving 
 upon him by virtue of his office, which biennial report shall be 
 delivered to the Governor, on or before the 31st day of De- 
 cember of the year preceding the regular sessions of the Legis- 
 lature. In these reports he shall include such suggestions as to 
 the amendments of existing laws or the necessity for new laws as 
 his information and experience in office shall suggest. [As 
 amended 1921.] 
 
 Section 60. All acts and parts of acts in conflict herewith are 
 hereby repealed. 
 
 Section 61. If any section, subsection, sentence, clause or 
 phrase of this act is for any reason held to be unconstitutional 
 such decision shall not affect the validity of the remaining por- 
 tions of this act. 
 
 Section 62. This act shall be known as the State Water 
 Code Act. 
 
 "This Bill having remained with the Governor ten days, 
 Sundays excluded, after the final adjournment of the legislature, 
 and not having been filed with his objections, has become a law 
 this 26th day of March, 1919." 
 
 (Signed) MIT SIMMS, 
 
 Secretary of State.