Areas of Practice

Water Rights

Nothing is more critical to the development and use of land in the arid southwest than the availability of water and the equally important legal right to use that water. In 1980, the Arizona Department of Water Resources (ADWR) was created to secure long-term dependable water supplies for Arizona's communities. Specifically, ADWR was tasked with administering and enforcing Arizona's Groundwater Management Act and surface water laws. In its role, ADWR oversees the use of surface and groundwater resources under state jurisdiction, explores methods of augmenting water supplies to meet future demand, and develops policies that promote conservation and the equitable distribution of limited water resources. Private landowners, businesses, farmers, public utilities and governmental entities need experienced legal counsel to help with strategic water planning and to assist in navigating the complex web of statutes, rules and case law that govern the use of groundwater and surface water in Arizona.

Jeff Crockett provides advice to clients regarding the many water-related issues that arise in connection with the development and use of real property inside and outside of Arizona's active management areas. He represents developers, golf courses, dairies, businesses, public utilities, farmers, lenders and other clients in the evaluation, acquisition, conservation and protection of groundwater and surface water resources, including Central Arizona Project (CAP) water. He advises clients on a broad range of matters including:

• Acquisition and Development of Water Supplies
• Evaluation of Water Rights and Water Supplies in Business Transactions
• Transfer of Water Rights
• Compliance with ADWR's Assured and Adequate Water Supply Program
  • Designations of Assured Water Supply
  • Certificates of Assured Water Supply
• Establishing Service Area Rights
• Groundwater Rights, Registration and Compliance
  • Annual Use Reports
  • Enforcement Actions
• Conservation and Best Management Practices
• Type 2 Water Rights, Sales and Leases
• Construction and Permitting of Wells and Replacement Wells
• Well Transfers
• Exempt Wells
• Well Sharing Agreements
• Central Arizona Project (CAP) Allocations and Subcontracts
• Central Arizona Groundwater Replenishment District (CAGRD)
  • Enrollment in the CAGRD
  • CAGRD Taxation
• Effluent Recharge and Recovery
• Water Rights Adjudications and Litigation
• Indian Water Rights Settlements
• Severance and Transfer of Surface Water Rights
• Wheeling Agreements
• Arizona Water Bank
• Water Legislation and Policy
• Rulemaking Proceedings
• Public Private Partnerships