Kris Carlson
Office of the Staff Judge Advocate, Ft. Huachuca
Phone pending
About Kris Carlson
Kris Carlson is a water rights attorney at Office of the Staff Judge Advocate, Ft. Huachuca representing landowners and stakeholders in Arizona, 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: U of Arizona
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.
Are groundwater and surface water treated the same in Arizona?
No. Arizona uniquely separates surface water (governed by prior appropriation under ARS Title 45, Chapter 1, and administered by ADWR) from groundwater (governed by the 1980 Groundwater Management Act in AMAs, and reasonable-use elsewhere). The legal frameworks differ substantially even when the physical water is hydrologically connected. This bifurcation has driven ongoing litigation.
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.