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t 1 i , I j i , I ; j i , !'I e'l -\ J '),1 t)':"" l .. DRAFT WATER RIGHTS AND COMPACTS I. State of Arizona A. Acquisition, Adjudication and Administration of Water Rights Long before Arizona became. a state, the territorial courts had held, in effect, that the common law doctrine of Riparian water rights did not apply in Arizona and that the doctrine of prior appropriation applied to surface waters. There were no formalities required in initiating or in completing these early appropriative rights. In 1893, the Arizona territorial legislature prescribed that any person desiring , to appropriate water must post notice at the point of diversion stating the amount of water appropriated, the character of the works to be constructed, and that such works would be completed within a reasonable time. The Arizona Consritution provides ~p~cifica11y that the common lc~ doctrine of Riparian water rights shall not obtain or be of any force , or effect in ~rizona. In 1919, the Arizona Water Code was adopted. Among other things, this code prescribed procedures for the acquisition of surface water rights. The authority for administration of the Arizona Code originally existed in a water commissioner, but has since been vested in the office of the State Land Commissioner. This code has been amended many times and has been tested and interpreted by the courts establishing numerous precedents. The concept of waters being vested with a character of public property, and being subject to appropriation, appears to have been the prime factor of Arizona water law. The doctrine of prior appropriation, as it is commonly known, bases the right to the use of water npon the application of that water to some benefici.a1 purpose. This right is