PUB00159

• Year: 1991
• Title: Interstate Transfers of Water: State Options After Sporhase
• CWCB Section: Administration
• Author: Richard S Harsberger
• Description: Interstate Transfers of Water: State Options After Sporhase
• Publications - Doc Type: Historical

INTERSTATE TRANSFERS OF WATER
VIII. APPENDIX: EXPORT STATUTES OF THE
WESTERN STATES

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1991]

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A. Arizona

845

ARIz. REv. STAT. ANN. ~~ 45-291 to 45-294 (1989).

Prior to the Sporhase decision, the Arizona Director of Water Re-
sources had discretion to decline issuance of a permit if the point of
diversion was in Arizona and the place of beneficial use was in another
state. ARIz. REv. STAT. ANN. ~ 45-165 (1987).

In 1989, Arizona amended its laws regarding the export of water.
The new legislation makes transport of water out of the state subject
to approval by the Director of the Department of Water Resources
unless an out-of-state transfer is required by interstate compact, fed-
erallaw, or international treaty. 1989 Ariz. Sess. Laws Ch. 168, ~ 3.
See ARIz. REv. STAT. ANN. ~ 45-292(a) (1989). Under the new law, in
considering whether to approve an application for water export, the
Director shall consider the water conservation goals of the state, the
potential harm to public welfare, the amount of water existing at the
source, supply and demand within the state in general, the feasibility
of using the same water to alleviate water shortages within the state,
the availability of alternative sources of water in the other state, the
demands placed on the applicant's supply in the other state, and
whether the proposed use is consistent with certain other provisions of
Arizona law relating to the transport and use of water.

The extant applicable statutes include the following:

ARTICLE 11. EXPORTATION OF WATER FROM THIS STATE

Article 11, consisting of ~~ 45-291 to 45-294, was added by Laws
1989, Ch. 168, ~ 3, effective Sept. 15, 1989.

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Historical Note

uLaws 1989, Ch. 168. ~ 1,
provides:
The legislature finds that
there is a chronic shortage of
water in this state, that main-
taining an adequate and reliable
supply of water is critically im-
portant and essential to social
stability and to the public
health, safety and welfare and
that reasonable controls on the

transportation of water from
this state are a proper exercise
of the police power of this state.
The legislature also finds that
under appropriate conditions
the out-of-state transportation
and use of water from this state
does not conflict with the public
welfare of citizens of this state
or conserving waters of this
state."

HeinOnline -- 70 Neb. L. Rev. 845 1991