A. Beginning on or about the date that the commission establishes priorities pursuant to section 37-1123, subsection E, but in no event later than January 2, 1993, the department shall begin the necessary investigation and inquiries to assemble the evidence relevant to finding navigability with respect to those watercourses given the highest priority by the commission. The department shall continue the investigations and inquiries as resources permit, in the order of priority set by the commission.

Terms Used In Arizona Laws 37-1124

  • commission: means the Arizona navigable stream adjudication commission established by section 37-1121. See Arizona Laws 37-1101
  • 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.
  • public trust values: means commerce, navigation and fishing. See Arizona Laws 37-1101
  • 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

B. After collecting and documenting all reasonably available evidence regarding the condition and usage of a watercourse as of February 14, 1912, the present uses of the underlying land and the public trust values associated with the watercourse, if any, the department shall promptly transmit all of the evidence to the commission.

C. The department shall maintain a permanent record of the material assembled and transmitted to the commission.