Friday, September 14, 2012

Arizona State Trust Lands not covered under Reserved Water Rights Doctrine

Courts in Arizona ruled that the Reserved Water Rights doctrine, which states that federal and tribal lands reserve the right to use water necessary for the stipulated functions for those lands, does not apply to state trust lands in Arizona. Federal lands were granted to the state in Arizona in 1910 for government buildings, universities, prisons, and other uses. Arizona argued that since the U.S. congress granted those lands for specific purposes, they served a federal purpose and could therefore apply for federal reserved water rights, but the court disagreed.

About 6.5 million of Arizona's over 9 million acres of state trust land are in the Little Colorado and Gila River basins.

Source: Courthouse News Service

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