The adequacy of Arizona's ground-water law.

Abstract

Arizona's ground-water law is difficult to apply and in some instances seers to go against physical principle. The concept of ground-water use as a property right and the establishment of critical ground-water areas in which property rights are abrogated cannot be reconciled. The growth of Arizona's population demands that somehow agricultural use of ground-water abdicate in favor of uses deemed more valuable by the people of the State. It is imperative that both statutory and case law recognize the distinction between long term results of ground-water overdrafts and the purely local effects of heavy pumping, which will be present whether or not an overdraft is occurring. An in-depth examination of ground-water policy is recommended; the result of which could very well be a complete overhaul of those portions of the State Water Code dealing with ground-water.