Arizona Constitution Article 17 - WATER RIGHTS
Arizona Constitution – Article 17: Water Rights
Overview:
Article 17 of the Arizona Constitution addresses water rights, a critically important issue in the arid Southwest. This article establishes fundamental principles for the ownership, use, and regulation of water resources in the state.
Text of Article 17:
There are two sections in Article 17:
§1. Water rights
“All existing rights to the use of any of the waters in the State for all useful or beneficial purposes are hereby recognized and confirmed.”
🔹 Explanation:
The state recognizes and protects all existing water rights for beneficial uses (like agriculture, domestic use, or industry).
“Beneficial use” is the foundation of Arizona water law—meaning water must be used productively and not wasted.
§2. Use of water; state regulation
“The use of water for irrigation and for municipal, mining, and industrial purposes shall be held to be a public use, and subject to regulation and control by the state, in the manner prescribed by law.”
🔹 Explanation:
Declares that water use for purposes such as irrigation, city use, mining, and industry is a public use.
Grants the state the authority to regulate and control these uses through legislation and administrative action.
Key Principles of Arizona Water Law (Reflected in Article 17):
Prior Appropriation Doctrine: “First in time, first in right” — earlier users have priority during shortages.
Beneficial Use Requirement: Water rights are only valid if the water is used productively.
Public Regulation: The state has the authority to oversee and manage water use to protect public interests.
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