Identifying early water use
SRP is working with Verde Valley landowners on an innovative approach to identify and recognize early water uses from the Verde Valley ditches.
The effort serves not only to provide ditch users with greater certainty about their access to Verde River water but also to give future land buyers confidence about those uses.
Approximately 85% of the lands served by irrigation ditches in the Verde Valley are recognized as having early water uses; however, in some areas, the use of ditch water has expanded over time to lands where there is no evidence of historic water use (water use on lands prior to the 1919 Arizona Water Code).
A new approach to mapping
SRP has been working with ditch organizations since 2005 to map the disputed areas and identify solutions for those lacking historic water rights. Several public meetings have taken place, and information is being shared with the ditch companies and the affected landowners.
The new approach involves working directly with ditch users, or landowners, to voluntarily recognize those historic water uses and fix problems where they exist.
Landowners play a critical role in this effort, in part because they may possess information about existing and historical water use on their lands.
A new approach to mapping
SRP has been working with ditch organizations since 2005 to map the disputed areas and identify solutions for those lacking historic water rights. Several public meetings have taken place, and information is being shared with the ditch companies and the affected landowners.
The new approach involves working directly with ditch users, or landowners, to voluntarily recognize those historic water uses and fix problems where they exist.
Landowners play a critical role in this effort, in part because they may possess information about existing and historical water use on their lands.
When agreements between SRP and landowners are reached, they will be recorded, providing assurance to future landowners that SRP recognizes certain evidence of the property owner’s historic water use.
It is hoped that these agreements can prevent costly litigation over disputed water claims in the Gila River Adjudication. The agreements also help to protect the rights of downstream users, including SRP and its shareholders. For more information, you can contact us online or call us at (602) 236-6548.
Frequently Asked Questions
SRP is working with Verde Valley water users to help avoid future disputes over water use. More than 85% of lands irrigated today in the Verde Valley have evidence of historic water use.
SRP is willing to work with individual landowners to document and recognize these uses. Agreeing on long-standing historic water uses would be a great step toward a more secure water future. This could help prevent potential water rights disputes, as well as help protect the flow of the Verde River.
The Water Use Summary is a landowner-specific summary prepared by SRP, which shows the area of historic water use (HWU) based upon historic records such as maps, reports and photographs. In Arizona, water rights are “appurtenant,” or belonging, to specific lands. The historic records provide the evidence to support, or sometimes dispute, ongoing water use. Currently SRP provides Water Use Summaries to ditch users in the Verde Valley upon request.
Historic water uses are documented water uses that:
- Began on a particular parcel prior to June 12, 1919; or
- Commenced after June 12, 1919, under a certificate of water right issued by the State of Arizona; or
- Commenced after June 12, 1919, under a valid severance and transfer of a pre‐1919 water right or a post‐1919 certificate.
After 1919, questionable uses began where some farmers and landowners expanded irrigation to new acres without complying with the requirements of the State Water Code. Over the decades, those lands were subdivided and water use continued on those expanded areas. If there is no evidence of historic water use on lands, it is believed that the water use began after 1919 and is likely subject to the State Water Code requirements.
Having historic water use should be important to many landowners, because irrigated property generally has higher property values than non‐irrigated property. If those water uses are questionable, it can impact property value and sometimes cause problems during real estate transactions.
It is an agreement between SRP and a landowner where the two parties agree to the other’s historic uses. The HWU Agreement will provide landowners with greater legal certainty regarding the use of Verde River water on their property. The HWU Agreements will be recorded with the county, providing notice to existing and future landowners during the sale of a property.
SRP agrees to recognize and confirm a landowner’s historic water use on the acres specified on a map. SRP agrees not to contest water use on those acres in the adjudication and other forums. The landowner agrees not to expand water use beyond the recognized acres. The landowner also agrees not to contest SRP’s rights to store and use water within our project boundary.
Landowners with historic water use from irrigation ditches in the Verde Valley are likely candidates for such agreements. SRP can quickly assess a parcel for eligibility and set up a meeting with interested landowners.
Landowners can inquire with SRP regarding their eligibility. SRP will call the landowner to schedule a meeting, either in Camp Verde or in Tempe. At the meeting, SRP will share the maps and photographs which show the area’s historic water use. SRP will share the Historic Water Use Agreement with the landowner. The landowner can take the agreement home and review it with family members, an attorney, etc. If the landowner wants to enter into the agreement, they need to have a notary witness their signature then return the agreement to SRP. SRP will then have the agreement recorded and provide a copy to the landowner.
The landowner is in the driver’s seat the whole time. They choose if they want the agreement and when to sign.
SRP is reaching out to landowners on a ditch‐by‐ditch basis and meeting with individuals who express interest in discussing a Historic Water Use Agreement for parcels they own. Interested landowners can contact us regarding eligibility.
Absolutely not. This is a completely voluntary process, although there are significant benefits to participating. For landowners with mutually recognized historic water uses, signing an HWU Agreement with SRP will provide greater legal certainty for the water rights related to their property.
