HB 2576: water rights; general adjudications; funding

Sponsor:   Representative Griffin, LD 14

Committee on Natural Resources, Energy & Water

Overview

Establishes the General Adjudication Personnel and Support Fund (Fund) to be used by the Arizona Supreme Court (Supreme Court) and Arizona Department of Water Resources (ADWR) to provide additional full-time personnel for general adjudication and other support services. Appropriates $2,391,240 from the state General Fund (GF) in fiscal year 2022 for the purposes of the fund.

History

The doctrine of prior appropriation governs the use of surface water in Arizona. This doctrine is based on the tenet of    first in time, first in right    which means the person who first puts the water to a beneficial use acquires a right that is senior to later users. Beneficial use is the basis, measure and limit to this right (A.R.S.     45-141 and 45-151).

The general stream adjudications are judicial proceedings to determine the extent and priority of water rights in the Gila River and Little Colorado River systems (A.R.S.   45-251 et seq.). The Gila River adjudication began in 1974 and is assigned to the Maricopa County Superior Court. The Little Colorado River adjudication began in 1978 and is assigned to the Apache County Superior Court.

The courts have assigned a special water master in its adjudications, who is responsible for conducting hearings for claimants and making recommendations to the superior court judges. This water master is funded from fees charged to adjudication claimants. When these fees are insufficient, the state GF must pay for the water master's expenses as part of the Superior Court's budget (A.R.S.   45-255). In FY 2021, the Legislature appropriated $239,700 from the state GF to the Superior Court for the special water master (Laws 2020, Chapter 58,   50).

Provisions

1.   Establishes the Fund which consists of monies appropriated by the Legislature and directs the Supreme Court to administer it. (Sec.1)

2.   Mandates monies be used by the Supreme Court and ADWR to provide additional full-time personnel for general adjudication, case management and other support services. (Sec. 1)

3.   Specifies that for fiscal years 2021 through 2023, before Fund monies can be spent, the Joint Legislative Budget Committee must review the expenditure plan produced by the Supreme Court and ADWR for the fiscal year in which the monies are to be spent. (Sec. 1)

4.   Allows the Supreme Court to appoint additional full-time masters, paralegals and law clerks for general adjudications. (Sec. 1)

5.   Specifies that Fund monies are continuously appropriated and exempt from lapsing. (Sec. 1)

6.   Stipulates that, notwithstanding any laws regulating payment of judge salaries, a legal professional hired for general adjudications must be fully funded by the State. (Sec. 2)

7.   Appropriates the following amounts from the state GF in fiscal year 2022 to the Fund for the following purposes and exempts these appropriations from lapsing:

a)   $147,60 for two full-time paralegals for the special water master;

b)   $109,710 for a full-time law-clerk for the special water master;

c)   $133,920 to expand the court's electronic case management system; and

d)   $2 million for the purposes of the fund. (Sec. 3)

8.   Makes technical and conforming changes. (Sec. 2)

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12.                                     HB 2576

13.   Initials PAB/AG         Page 0 Natural Resources, Energy & Water

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