# A.R.S. § 45-188: 45-188 Future rights acquired through appropriation; rights within service area of agricultural or municipal provider

> Arizona · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S188

## Section

- **Citation:** A.R.S. § 45-188
- **Heading:** 45-188 Future rights acquired through appropriation; rights within service area of agricultural or municipal provider
- **Jurisdiction:** Arizona
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Arizona Code / Title 45 / Chapter 1 / Article 7 / Section 188

## Text

45-188. Future rights acquired through appropriation; rights within service area of agricultural or municipal provider

A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation and evidenced by a certificate of water right issued under article 5 of this chapter, a court decree, or previous possession or continued beneficial use and who intentionally abandons the use thereof or who voluntarily fails, without sufficient cause, to beneficially use all or any part of the right to withdraw for any period of five successive years shall relinquish such right or portion thereof. The rights relinquished shall revert to the state, and the waters affected by such rights shall become available for appropriation to the extent they are not lawfully claimed or used by existing appropriators.

B. If a use or claim is subject to forfeiture by nonuse, failure by the appropriator to use water within a five year period does not result in a forfeiture of the associated water right if water use is resumed before the occurrence of the earlier of any of the following:

1. The initiation of proceedings pursuant to section 45-189 to determine whether the right has been forfeited or abandoned.

2. The filing by a third party of a statement of claimant in a general adjudication instituted pursuant to article 9 of this chapter that asserts the right to use water from the stream in which the subject nonuse has occurred.

3. The assertion by a third party of written objections in response to an application by the appropriator to sever and transfer the right pursuant to section 45-172.

C. Conservation of water pursuant to a water conservation plan notice filed with the director as prescribed by section 45-189.01 does not constitute an abandonment or forfeiture of the water conserved.

## Nearby sections

- [A.R.S. § 45-181 45-181 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S181.md)
- [A.R.S. § 45-182 45-182 Claim of right to withdraw, divert or use public waters; exception; administration by director of water resources](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S182.md)
- [A.R.S. § 45-183 45-183 Contents of statement of claim; filing procedure; fee](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S183.md)
- [A.R.S. § 45-184 45-184 Waiver and relinquishment of water right](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S184.md)
- [A.R.S. § 45-185 45-185 Filing of claim not deemed adjudication of right; presumption; exemption](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S185.md)
- [A.R.S. § 45-186 45-186 Water rights claims registry](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S186.md)
- [A.R.S. § 45-187 45-187 No rights acquired by adverse use or adverse possession](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S187.md)
- [A.R.S. § 45-188 45-188 Future rights acquired through appropriation; rights within service area of agricultural or municipal provider](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S188.md)
- [A.R.S. § 45-189 45-189 Reversion of rights due to nonuse; notice; hearing; order; exception](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S189.md)
- [A.R.S. § 45-189.01 45-189.01 Water conservation plan notice; filing; exemption; duration](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S189.01.md)
- [A.R.S. § 45-190 45-190 Overstating claim; classification](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S190.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AZ_T45_C1_A7_S188. Check the current official text before relying on it. Not legal advice.