§ 37-1121 Arizona navigable stream adjudication commission
§ 37-1122 General powers and duties of the commission
§ 37-1123 Receiving and compiling evidence and records
§ 37-1124 Compiling evidence and records by department
§ 37-1126 Hearings; notice
§ 37-1128 Determination of navigability
§ 37-1129 Judicial review
§ 37-1130 Title to bed of nonnavigable watercourse; appropriation of waters for public trust values
§ 37-1131 Notice to landowners; quiet title action
§ 37-1132 Refunds to record title owners

Terms Used In Arizona Laws > Title 37 > Chapter 7 > Article 2 - Determining Navigability

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bed: means the land lying between the ordinary high watermarks of a watercourse. See Arizona Laws 37-1101
  • commission: means the Arizona navigable stream adjudication commission established by section 37-1121. See Arizona Laws 37-1101
  • Commissioner: means the state land commissioner. See Arizona Laws 37-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the state land department. See Arizona Laws 37-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Improvements: means anything permanent in character which is the result of labor or capital expended by the lessee or his predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon, and which has enhanced the value of the land. See Arizona Laws 37-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • navigable watercourse: means a watercourse that was in existence on February 14, 1912, and at that time was used or was susceptible to being used, in its ordinary and natural condition, as a highway for commerce, over which trade and travel were or could have been conducted in the customary modes of trade and travel on water. See Arizona Laws 37-1101
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public trust land: means the portion of the bed of a watercourse that is located in this state and that is determined to have been a navigable watercourse as of February 14, 1912. See Arizona Laws 37-1101
  • public trust values: means commerce, navigation and fishing. See Arizona Laws 37-1101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Venue: The geographical location in which a case is tried.
  • Watercourse: means the main body or a portion or reach of any lake, river, creek, stream, wash, arroyo, channel or other body of water. See Arizona Laws 37-1101
  • Writing: includes printing. See Arizona Laws 1-215