GENERAL QUESTIONS - 2023 SUBFLOW ZONE DELINEATION TECHNICAL REPORT FOR THE REMAINDER OF THE VERDE RIVER WATERSHED
GENERAL QUESTIONS - 2023 SUBFLOW ZONE DELINEATION TECHNICAL REPORT FOR THE REMAINDER OF THE VERDE RIVER WATERSHED
Q: Why did I receive a Notice of Publication for this report?
Arizona Department of Water Resources (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.
Please see below for more information on SOCs.
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.
According to Arizona Revised Statutes (A.R.S.) § 45-251, a general adjudication is “… an action for the judicial determination or establishment of the extent and priority of the rights of all persons to use water in any river system and source.” The Maricopa County Superior Court (Court) will determine the water rights of the people using water within the Verde River watershed.
Additional information can be found on the Court’s website.
ADWR serves as the technical advisor to the Court. ADWR collects information and produces reports as directed by the Court.
Q: What is the 2023 Report about?
The Subflow Zone Delineation Technical Report for the Remainder of the Verde River Watershed (“2023 Report”) provides the Court with information necessary for distinguishing between groundwater and subflow within 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 within the Verde River watershed. The 2023 Report can be found on ADWR’s website.
This report is in addition to the 2021 Subflow Zone Report that the Court requested ADWR to complete for the mainstem of the Verde River and the Sycamore Canyon subwatershed. The 2021 Subflow Zone Report can be found on ADWR’s website.
Q: What is subflow?
Subflow is underground water, usually found bordering on a stream, which is considered part of the surface stream and subject to the same laws and rules as other types of surface water, unlike percolating groundwater.
Q: Can I request a hard copy or CD of the report?
An electronic version of the report can be found on ADWR’s website.
A hard copy or CD of the report can be obtained by contacting Susana Reyes at [email protected] or 602-771-6163. A paper copy of the report will cost $82.00 and an electronic copy on DVD will cost $10.00.
Copies of the report can also be found at the following locations:
Arizona Department of Water Resources
1110 W. Washington Street, Suite 310
Phoenix, Arizona 85007
Clerk of Maricopa County Superior Court
601 W. Jackson Street
Phoenix, Arizona 85003
Q: Why does this report concern me?
You received this notice because you, or someone who previously lived at your address, has filed a claim in the general stream adjudication claiming the right to use water within the Verde River watershed.
The Maricopa County Superior Court is determining the extent and priority of water rights claimed in certain watersheds, including the Verde River watershed. This legal proceeding is called the general stream adjudication. Any person or entity who uses water or has made a claim to use water on property within the Verde River watershed may be affected by Court decisions in the General Stream Adjudication.
In order to quantify and prioritize existing water rights in the Verde River watershed, the Maricopa County Superior Court 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. Wells that are located outside the boundaries of the subflow zone may still be subject to the Court’s jurisdiction depending on the extent of the impact, if any, to the subflow zone caused by the pumping well.
For more information regarding subflow and the adjudication process, please see Chapter 1 of the 2023 Report.
Q: What do I need to do?
You are not required to do anything.
If you have additional questions, ADWR recommends that you seek legal advice from an attorney. If you are a water user in the Verde River watershed, an attorney may recommend that you 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).
If you are a claimant, you may also file comments or objections to this report, but you are not required to do so.
Q: Do I need an attorney?
As technical advisor to the Court, ADWR cannot provide legal advice. If you have questions regarding how the adjudication may impact your water right, please consult an attorney.
As authorized by the Arizona Legislature, The University of Arizona may represent certain claimants in the general stream adjudication from case initiation through settlement negotiations. More information can be found at:
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 when determining what specific water uses are subject to surface water laws.
ADWR cannot provide legal advice. If you have questions about how the adjudication may impact your water right, ADWR recommends you seek legal advice from an attorney.
Q: How do I locate my property and determine whether it is within the proposed subflow zone?
You can use ADWR’s Subflow Zone Locator to see how close your property is to the proposed subflow zone in the Verde River watershed at:
The proposed subflow zone is delineated in Appendix E of the subflow zone report, and it may be downloaded as a PDF at:
The subflow zone map depicts the extent of the proposed subflow zone with Township, Range and Section labels shown on top of aerial imagery.
You can find the Township, Range, and Section of your property using your County Assessor’s website and entering your parcel number (APN) or name into the parcel search.
County Websites:
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 for the remainder of the Verde River watershed not included in the 2021 subflow zone report for the mainstem of the Verde River and within Sycamore Canyon subwatershed.
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 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.
The filing of a completed Statement of Claimant form serves as an official claim of a water right. Receipt by ADWR of the notarized form along with the appropriate filing fee officially enters the claim in the Court adjudication proceeding in which the validity of the claim for water rights will be determined.
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 can file an SOC.
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 an SOC on your behalf.
Q: How do I know if there’s an SOC associated with my property?
You may already have an SOC if you previously filed a Statement of Claimant or if assignment documentation was completed to transfer the SOC to you by the previous landowner.
You most likely received notice of the 2023 Subflow Zone Delineation Technical Report for the Remainder of the Verde River Watershed because ADWR has an SOC on record under your name or address.
You can use the SOC Locator Application on ADWR’s website to view SOCs located near your property at:
Please note that SOCs are plotted using the legal location information provided in the filing and may not show up in the exact location described. Additionally, not all filed SOCs were plotted due to incorrect or absent location information.
Q: How do I view my SOC?
ADWR has scanned copies of filed SOC documents on our website. If you have an SOC file number beginning with a “39-” prefix, you can look up the scanned record here:
You can also search for an SOC by claimant name, legal description, parcel ID number, source of water, surface water application number, or well registry number by clicking the appropriate search on this page:
Q: How do I file an SOC?
Forms and instructions for filing an SOC are available on the ADWR website:
Please note that there are separate forms for different types of uses and for different watersheds.
For additional questions call (866) 246-1414 or email Adjudications.
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 SOC 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:
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 October 27, 2023.
Q: When are objections due?
Objections must be received by the Court no later than October 27, 2023
Q: What happens after an objection is filed?
The Superior Court will review all objections received. Persons who file objections will be notified of further Court proceedings concerning the subflow zone report.
Q: What should I do if this notice was sent to my address, but it is addressed to someone who no longer lives here or is deceased?
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 property owner. The Assignment Form, and instructions, can be found at:
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 can remove individuals from the mailing list, upon written request. .
Q: Can I request 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 can remove individuals from the mailing list, upon written 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: