House Engrossed




State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session











amending section 45-112, Arizona Revised Statutes; relating to waters.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 45-112, Arizona Revised Statutes, is amended to read:

START_STATUTE45-112.  Violations; classification; enforcement

A.  A person is guilty of a class 2 misdemeanor who:

1.  Knowingly and without authority opens, closes, changes or interferes with a lawfully established head gate headgate, measuring device or water box.

2.  Knowingly uses water or conducts into or through such person's ditch water lawfully denied such person by the water superintendent or other competent authority.

3.  Without authority uses water to which another is entitled except for water taken through a registered well, including the subflow of a river or stream.

4.  Without authority diverts water from a stream.

5.  Knowingly wastes water to the detriment of another.

6.  Diverts a stream to the injury or threatened injury of the lands of another.

7.  Uses, stores or diverts water without or before the issuance of a permit to appropriate such waters.

8.  Places or maintains an obstruction interfering with the use of works, or prevents convenient access thereto, when an appropriator of water has the lawful right of way for the storage, diversion or carriage of such water.

B.  The possession or use of water when it has been lawfully denied by the water superintendent or other competent authority is prima facie evidence of the guilt of the person using it.

C.  The water superintendent or his the water superintendent's assistants may, within his the water superintendent's district, may arrest any person violating this section and deliver him that person to the sheriff or other police officer within the county, and upon on delivery shall immediately make a complaint against such that person before a justice of the peace.  If no water superintendent has been appointed for a water district, any affected person within the district may make a complaint to the sheriff or other police officer within the county against a person who violates this section. END_STATUTE