I Received a “New Use Summons” in an Arizona Water Adjudication — Now What?

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Did the Arizona Department of Water Resources (ADWR) send you a New Use Summons for the Little Colorado River Adjudication or for the Gila River Adjudication? You are not alone, and this is not a typical lawsuit. 1

This is not a claim for money damages or an accusation of wrongdoing. It is a court notice requiring potential claimants to assert any water-right claims they may have.

Here is what you actually need to know, in plain English:

What is a “general stream adjudication”?

It is an Arizona court case that sorts out who has what legal right to use water from an entire river system. Instead of separate lawsuits, everyone with a water claim gets pulled into one big case so the court can evaluate all the claims within the same proceeding.

Why did I receive a New Use Summons?

You received the New Use Summons because ADWR’s records indicate you have initiated a water use that may need to be claimed in one of Arizona’s general stream adjudications, or that water use on your property may be affected by one of the adjudications. For example, you may have a new well, a new surface water diversion, a new irrigation use, or a new stockpond. The summons is the court’s way of officially notifying you that you may hold a surface water right and may need to formally claim it. It is a notice, not an accusation.

What laws apply? (A.R.S. §§ 45-253 & 254)

The summons is issued under Arizona Revised Statutes (A.R.S.) § 45-253 and the content of the summons and notice directly relates to Statements of Claimant (SOCs), which are described in A.R.S. § 45-254.

A.R.S. § 45-254 requires anyone pursuing a surface water claim in one of Arizona’s general stream adjudications to:

  • File an SOC through ADWR. (The SOC describes the details of your water use, including the source, quantity, location, purpose, when the use began, and other information required by the court-approved form.)
  • Sign all SOCs under oath (verified).
  • Pay a filing fee. (Generally, $20 for an individual, or $0.02 per acre-foot claimed or $20, whichever is greater, for a corporation, municipality, or association.)

How long do I have to respond?

The summons states that unless the court orders otherwise, you have 90 days to respond. However, A.R.S. § 45-254(E) builds in some flexibility. Under that section, you can still file, without court permission, any time up to 90 days before ADWR publishes its final report for the subwatershed where your use is located. Other provisions within that section may even allow you to file the SOC after ADWR publishes its final report, but specific requirements make filing at that point much more difficult.

The bottom line is that the door does not completely slam shut on day 91. However, late filing may be more difficult or invite objections, and it is therefore a good idea to address the notice promptly.

What should I do right now?

  • Calendar the 90-day deadline. Download the correct SOC form from ADWR’s SOC Forms Website.
  • Confirm whether a claim for this use has already been filed.
  • Follow the instructions on the New Use Summons and on the SOC
  • If your 90 days have already passed, do not assume you are out of options.

Depending on your circumstances, responding to a New Use Summons can be complicated. You may want to consult legal counsel to evaluate potential water rights claims for your property.

IMPORTANT NOTE: This post is for general educational purposes and is not legal advice. Deadlines, forms, and procedural posture vary by summons, watershed, and individual or claimant. If you received a New Use Summons in an Arizona general stream adjudication, contact our office to discuss your deadline and options.

 

  1. The New Use Summons reference Case No. 6417 in the Little Colorado River General Stream Adjudication or Case Nos. W-1, W-2, W-3, W-4 Consolidated in the Gila River General Stream Adjudication. [↩]