Posted on 08/12/2012 7:55:55 PM PDT by Tolerance Sucks Rocks
Did you catch that part where you need a water use permit to stock an existing catchment or flow area with fish?
In the Eastern states the concern would be with the species of the fish ~ and in Arizona the issue is the safety of the water.
Now that's a mindblowing difference! (Note that's state law ~ the federales get into the species preservation thing).
You might want to take a good look at that definition of "SURFACE WATER" ~ that includes "“Waters of all sources, ....." ALL means ALL. That was the debate in Oregon ~ people here were astounded a state would claim ALL the water, even rain in the sky!
So does Arizona. I like they way they cushion it for the Easterners though ~ they go into the streams, canyons, caverns, dirt, all sorts of things ~ that's just window dressing. That pretty well covers bottled water in crates.
Finally, that code states:
"The Public Water Code provides that beneficial use shall be the basis, measure and limit to the use of water within the state, A.R.S. § 45-141(B). Per A.R.S. § 45-151(A) beneficial uses are: domestic (which includes the watering of gardens and lawns not exceeding one-half acre), municipal, irrigation, stockwatering, water power, recreation, wildlife including fish, nonrecoverable water storage, and mining uses."
I take that to mean that if you have a permit for a specific beneficial use, e.g. "SELL BOTTLED WATER" you could conceivably get in trouble for giving it away!
Look, I didn't do a lot of study in Western Water Rights but I did do enough to know what it's about. So far I"ve never gone wrong in first assuming the government asserts rights over water which it has succeeded in getting enforced in court, and that there's a water rights owner somewhere who has an interest in what you are doing with that water, and he can get the courts to enforce his rights at your expense.
I have a couple of old family land grants where some hornswaggler may have stolen the surface rights to the dirt, and the gold, but he probably didn't get the water rights. Angelinos drink that water ~ and I think it's mine!
Last time I checked I was still fogging a mirror, so there’s at least one wannabe “ancient Latin” hanging around.
Hmmm, or maybe it’s a 6th Sense kind of thing and I need to find a kid who sees dead people.
But I get your drift, thanks for the etymology lesson, interesting.
FRegards
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