Frequently Asked Questions- 2021 Partial Verde River Subflow Delineation Report

General questions- 2021 Subflow delineation report for the verde river mainstem and sycamore canyon subwatershed

Q: Why did I receive this Notice?

  • ADWR is legally required to give notice of its subflow zone report to individuals who have filed a Statement of Claimant (SOC) for water uses within the Verde River watershed. You have received the Notice because you, or someone who previously lived at your address, has claimed a water right in the general stream adjudication for water use on a property that is located within the Verde River watershed.

 Q: What is subflow?

  • Subflow is underground water, usually found bordering on a stream, considered to be part of the surface stream and subject to the same laws and rules as other types of surface water. At the Court’s request, ADWR has issued the subflow zone report which proposes a subflow zone for the Verde River mainstem and the Sycamore Canyon Subwatershed, for the purpose of assisting the Court in distinguishing between subflow and other underground water. 

Q: What is the general stream adjudication and what is ADWR’s role in the adjudication?

  • The general stream adjudication is a judicial proceeding to determine the extent and priority of water rights in certain river systems in Arizona. In this case, the Court will determine the water rights of the people living or using water within the Verde River watershed. Additional information can be found on the Court’s website at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/GeneralStreamAdjudication/Index.asp.
  • ADWR serves as the technical advisor to the Court and collects information and produces reports as directed by the Court. 
  • You are a part of the general stream adjudication because you or someone who previously lived at your address, filed a Statement of Claimant (SOC) with ADWR claiming the right to use water on your property.  Please see below for more information on Statements of Claimant.

Q: Why does this report concern me?

  • You received this notice because you, or someone who previously lived at your address, has claimed a water right in the Adjudication for property that is located within the Verde River watershed. 
  • The Arizona Superior Court is determining the extent and priority of water rights claimed in certain watersheds, including the Verde River watershed. This proceeding is called the general stream adjudication. Any person or entity who uses water or has made a claim to use water on a property within the Verde River watershed, potentially may be affected by court decisions in the general stream adjudication.
  • As an initial step in quantifying and prioritizing existing water rights in the Verde River watershed, the Superior Court has requested ADWR’s assistance in identifying the lateral (side-to-side) boundaries of the subflow zone of the river. The subflow zone report includes maps of ADWR’s proposed subflow zone boundaries and describes how ADWR identified those boundaries.
  • Once the lateral boundaries of the subflow zone have been approved by the Court, the Court will begin the process of determining which wells are located within the lateral boundaries of the subflow zone and which wells are located outside the boundaries of the subflow zone. Wells that are found to be within the subflow zone are presumed to be pumping surface water, and the laws that apply to surface water apply to those uses.
  • For more information regarding subflow and the adjudication process, please see Chapter 1 of the subflow zone report. 

Q: How do I locate my property and determine whether it is within the proposed subflow zone?

To determine if your property is in the proposed subflow zone, please click on the following link. 

https://azwater.maps.arcgis.com/apps/webappviewer/index.html?id=a4c748130c7b435ea72afebf90031f70

 In the subflow zone locator field you can enter the property address or well 55#. 

Q. I own several properties. Which property does this notice apply to? 

  • This report applies to certain water uses within the Verde River watershed. Specifically, this report describes the subflow zone which may apply to water uses around the mainstem of the Verde River and within Sycamore Canyon Subwatershed. A subflow zone report for the remaining subwatersheds of the Verde River will be issued in 2023. 

To determine whether your property is within the proposed subflow zone, please follow the directions above on how to locate your property and determine whether it is within the proposed subflow zone.

Q: What is the report about?

  • The Subflow Zone Delineation Report for the Verde River Mainstem and Sycamore Canyon Subwatershed, provides the Court with information necessary for distinguishing between groundwater and subflow within certain portions of the Verde River watershed.
  • For this process, ADWR identified and mapped a type of river deposit called floodplain Holocene alluvium which the Arizona Supreme Court has determined is the geologic unit that defines the subflow zone.
  • The subflow zone report describes how ADWR identified this river deposit, and it includes maps showing where the deposit is located, in association with the mainstem of the Verde River and within the Sycamore Canyon Subwatershed.
  • The Court has also ordered ADWR to complete a second subflow zone report for the remaining parts of the Verde River watershed, which will be issued on April 30, 2023. You will also receive a Notice for the second subflow zone report.

Q. Can I get a hard copy or CD of the report?

  • A hard copy of the report can be obtained by contacting Sharon Scantlebury at [email protected] or 602-771-8472.

The cost is $10 for an electronic copy provided on a DVD, $69 for a hard copy with tabloid sized maps, or $582.50 for a hard copy with full sized maps. The total page count of the printed report, including appendices, is 276 pages.

Q: Can I still use the water from my well or diversion?

  • This report does not have any immediate impact on anyone’s water use. It does not determine anyone’s water rights, nor does it make any recommendations about water uses from specific wells. However, it is part of the information the Court will consider to determine what specific water uses are subject to surface water laws.
  • ADWR is limited in the advice we can give individual landowners. If you have questions about how the adjudication may impact your water right, we recommend that you seek the advice of an attorney.  

Q: How can I provide input, tell the Court that I disagree with the report, or submit additional information that the Court should consider?

  • If you have filed a Statement of Claimant in the Verde River watershed you may file an objection to the subflow zone report, but you are not required to do so. An objection may only be made to ADWR’s findings regarding the lateral extent of the subflow zone. An objection must state in clear and concise language the legal and/or factual reasons for the objection with a brief description of the evidence to support those reasons. 
  • Objections must be made on the Objection Form, which can be found on ADWR’s website at: https://new.azwater.gov/sites/default/files/Partial_Verde_Subflow_objection_form.pdf.
  • The original and two copies of the Objection Form (including any attachments) must be sent to the Clerk of the Maricopa County Superior Court at the address stated on the Objection Form. Objections must be received by the Court no later than May 2, 2022. 

Q. What do I need to do?

  • You are not required to do anything.
  • If you are a water user in the Verde River watershed, we recommend that you become familiar with the adjudication proceedings and decide whether you want to file a Statement of Claimant (SOC) to claim the right to use water in the Verde River watershed (if you have not already done so). Persons who have filed Statements of Claimant may also file objections to this subflow zone report but are not required to do so. If you have additional questions, we recommend that you seek the advice of an attorney.

Q. Do I need an attorney?

  • ADWR is limited in the advice it can give individual landowners. 
  • If you have questions about how the adjudication may impact your water right, we recommend that you seek the advice of an attorney. 

Q.  You sent this Notice to my address, but it is addressed to someone who no longer lives here or is deceased.  What should I do?

  • You have received the Notice because you, or someone who previously lived at your address, has claimed a water right in the general stream adjudication for water use on a property that is located within the Verde River watershed.
  • If you did not file a claim for a water right on your property, you may wish to have the existing claim assigned into your name as the current owner of the property. The Assignment Form, and instructions, can be found at: https://new.azwater.gov/adjudications/statement-claimant-new-use-summons-forms. 
  • The Superior Court requires ADWR to send notice of the subflow zone report to individuals who have filed a Statement of Claimant within the Verde River watershed. ADWR cannot remove individuals from the mailing list, even upon request.   

Q:  I want to be taken off the mailing list.

  • The Superior Court requires ADWR to send Notice of the subflow zone report to individuals who have filed a Statement of Claimant for water use within the Verde River watershed. ADWR cannot remove individuals from the mailing list, even upon request. 
  • If you previously filed a Statement of Claimant but no longer own the property, you may wish to assign the claim into the name of the current landowner. The Assignment Form, and instructions, are located here: https://new.azwater.gov/adjudications/statement-claimant-new-use-summons-forms. 

objections

Q. How do I file an objection?

  • If you have filed a Statement of Claimant in the Verde River watershed you may file an objection to the subflow zone report, but you are not required to do so. An objection may only be made to ADWR’s findings regarding the lateral extent of the subflow zone. An objection must state in clear and concise language the legal and/or factual reasons for the objection with a brief description of the evidence to support those reasons. 
  • Claimants who choose to file an objection to the subflow zone report should complete the Objection Form, which can be found on ADWR’s website at: https://new.azwater.gov/sites/default/files/Partial_Verde_Subflow_objection_form.pdf.
  • The original and two copies of the Objection Form must be sent to the Clerk of the Maricopa County Superior Court at the address stated on the Objection Form.
  • Objections must be received by the Court no later than May 2, 2022.

 Q. When are objections due?

  • Objections must be received by the Court no later than May 2, 2022.

 Q. Should I file an objection?

  • If you have filed a Statement of Claimant in the Verde River watershed you may file an objection to the subflow zone report, but you are not required to do so. An objection may only be made to ADWR’s findings regarding the lateral extent of the subflow zone.  
  • If you have concerns about ADWR’s findings or believe that there is an error in the report, you may file an objection.
  • The Superior Court will review all objections and consider the information when determining the lateral boundaries of the subflow zone for the Verde River watershed.

Q. What happens after the objection is filed? 

  • The Superior Court will review all objections received by May 2, 2022. Persons who file objections will be notified of further court proceedings concerning the subflow zone report. Discovery (the process of exchanging information and evidence) amongst parties who have filed objections must be completed by March 17, 2023, and a trial on objections is scheduled to begin on August 17, 2023. 

statement of claimant ("soc's")

Q. What is a Statement of Claimant?

  • A Statement of Claimant, or SOC, is a claim for water rights filed in one of the Arizona general stream adjudications.
  • Anyone who uses or has used water from a well, spring, stream, lake, or other impoundment for any purpose within the boundary of the adjudication area should file a claim for water rights.
  • Anyone who receives their water from a municipal system, water company, association or irrigation district, or other such entity may not need to file a claim for water rights if the water supplier files the water right claim. Contact your water provider for questions about whether the supplier has filed a claim for water rights on your property.
  • The filing of a completed Statement of Claimant form serves as an official claim of a water right. Receipt by the Arizona Department of Water Resources (ADWR) of the notarized form along with the appropriate filing fee officially enters the claim in the Court adjudication proceeding.

 Q. Do I have an SOC?

  Q. How do I find my SOC?

Q. How do I file an SOC?

  • There are separate forms for different type of uses and for different watersheds.

contact information

For additional questions call (866) 246-1414 or click the link to email Adjudications.