A. Subject to judicial review under section 37-1129, the commission‘s determination that a watercourse is nonnavigable constitutes a waiver, relinquishment and disclaimer of this state’s right, title or interest in the bed of the watercourse based on its navigability.
Terms Used In Arizona Laws 37-1130
- 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
- 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. This state may obtain any water that is necessary to maintain and protect public trust values that are identified by the commission pursuant to section 37-1128, subsection B only by complying with the requirements of title 45.