A. Beginning on the date the commission issues a determination under section 37-1128, subsection A and continuing through ninety days after the department issues a notice under either section 37-1128, subsection D, paragraph 1 or 2, the state land commissioner or any person who is aggrieved by the commission’s determination may seek judicial review in superior court in the county in which all or part of the watercourse that is directly affected by the determination is located.

Terms Used In Arizona Laws 37-1129

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • 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
  • Department: means the state land department. See Arizona Laws 37-101
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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.  Except as otherwise provided in this chapter, judicial review shall be conducted pursuant to title 12, chapter 7, article 6.

C.  If separate actions are filed under this section with respect to the same watercourse or adjacent or proximate watercourses, on motion by any party to any such action or on its own initiative, the court may:

1.  Order a joint hearing or trial of any matter in the actions.

2.  Order all of the actions pending in any court to be consolidated.

3.  Issue such orders concerning proceedings in the actions as may tend to avoid unnecessary costs or delay or as may be necessary to avoid inconsistent results.