Jamie Kelley

About Jamie Kelley

Jamie Kelley is a water rights attorney at Law Offices of Jamie Kelley PLLC representing landowners and stakeholders in Bullhead City, Arizona. Arizona water law is codified in Title 45 of the Arizona Revised Statutes, governed by the Arizona Department of Water Resources, and structured around the doctrine of prior appropriation for surface water, the Groundwater Management Act of 1980, and the ongoing Gila and Little Colorado River general stream adjudications. See contact information below.

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Education

• Law School: California Western

Common questions about Water Rights in Arizona

Answered by Arizona Attorney Search Network

What is prior appropriation in Arizona water law?

Prior appropriation, codified in ARS Title 45, Chapter 1, is the doctrine that water rights are established by first beneficial use ('first in time, first in right'). Senior right-holders take their full allocation before junior rights take any in times of shortage. Surface water in Arizona is governed by prior appropriation; groundwater is governed by the separate framework of the 1980 Groundwater Management Act.

What is the Arizona Groundwater Management Act?

The 1980 Groundwater Management Act (ARS Title 45, Chapter 2) created Arizona's groundwater regulatory framework, designating Active Management Areas (AMAs) and Irrigation Non-Expansion Areas (INAs) where pumping is restricted. The Phoenix, Pinal, Prescott, Tucson, and Santa Cruz AMAs cover most of Arizona's population. The Act's goal is achieving 'safe-yield' (no net groundwater depletion) by 2025 in most AMAs.

Can I drill a well in Arizona?

Outside AMAs and INAs, generally yes - reasonable use of groundwater on overlying land is permitted under ARS § 45-453. Inside AMAs, new exempt wells (typically domestic, less than 35 gallons per minute) are allowed but face increasing restrictions. Larger wells inside AMAs require permits and proof of grandfathered or 'irrigation' rights. The Arizona Department of Water Resources administers the well-registration system.

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