The Bulletin relies on links so the entire document is available to our readers. Always check our Active Cases page for up-to-date notices and documents.
On November 18, 2021, the Special Master filed a report concluding that statutory forfeiture, as embodied in A.R.S. § 45-141(C), applies to rights initiated prior to June 12, 1919. In a March 3, 2026, order reviewing the report, Judge Blaney rejected that conclusion. In his order, Judge Blaney concluded that the savings clause "codified at A.R.S. § 45-171 . . . precludes any interpretation that impairs or negatively affects vested rights or rights in the process of vesting." Accordingly, he ruled that "the forfeiture provisions of the pre-1919 Water Code were not intended to apply to pre-enactment vested water rights." Any appeal of this ruling will be governed by the Arizona Supreme Court's Special Procedural Orders Providing for Interlocutory Appeals and Certifications Certifications (LCR order and Gila River order).
The office of the Water Master along with staff from the Arizona Department of Water Resources will host public information sessions in Williams and Flagstaff on April 22nd and 23rd. These information sessions are designed to answer general questions and will not provide legal advice.
April 22 2026:10:00 a.m.-noon
Williams City Hall counsel room
113 South 1st Street, Willims, AZ
2:30-4:30 p.m.
Williams City Hall counsel room
113 South 1st Street, Willims, AZ
10:00 a.m.-noon
Flagstaff City-Coconino County Public Library
300 West Aspen Ave, Flagstaff, AZ 86001
5:30-7:30 p.m.
East Flagstaff Community Library
3000 N. 4th St, Flagstaff, AZ 86004
Preliminary HSR for Sycamore Subwatershed
On March 6, 2026, Arizona Department of Water Resources published its Preliminary Hydrographic Survey Report for the Sycamore Subwatershed. This is the first of a series of hydrographic survey reports ("HSRs") investigating water uses across the Verde Watershed. Claimants may comment on findings made in the Preliminary HSR by September 4, 2026.
Comments may submitted digitally or physically. Comments submitted physically must be received by ADWR by 5:00 PM, Mountain Standard Time, on September 4, 2026.
To allow individuals to locate watershed file reports associated with particular properties, ADWR has published a digital map and a user guide. For more information, visit ADWR's landing page for the Preliminary HSR.
Summary Adjudication ProceduresOn December 9, 2025, Judge Blaney approved the Special Master's report regarding summary adjudication proceedings in the Verde River Watershed with certain modifications. Judge Blaney adopted in full the Special Master's findings regarding the categories of uses subject to summary adjudication and modified the Special Master's proposed summary adjudication procedures.
San Pedro River WatershedIn re ASARCO-Irrigation, W1-11-2801
This case deals with various pre-1919 water rights claims in Aravaipa Ranch, PZ Ranch, and Robinson Ranch, all located near the San Pedro River’s confluence with the Gila River. Multiple parties filed motions for summary judgment on August 22nd, 2025. On February 3, 2026, the Special Mater issued an order on the motions for summary judgment. Trial on the remaining claims is scheduled to begin on August 24, 2026, at 9:00 am.
On February 24, 2026, the Special Master entered an order directing ADWR to develop subflow zone and summary adjudication technical reports for the Upper Little Colorado River Subwatershed. The order sets a September 30, 2028, deadline for the technical report delineating the subflow zone, and a September 30, 2029. deadline for the technical report concerning summary adjudication. For each report, the order sets a 90-day objection deadline and requires notice on the Court-approved mailing list for CV 6417. Finally, the order initiates in order to resolve objections to the forthcoming subflow and summary adjudication technical reports: CV 6417-401 and CV 6417-402, respectively.
Significant progress has been made toward the settlement of the water rights claims of the Hopi Tribe, Navajo Nation, and San Juan Southern Paiute Tribe. On May 24, 2024, a unanimous Navajo Nation Council and the Navajo Nation President approved the proposed Northeastern Arizona Indian Water Rights Settlement. The Hopi Tribe and San Juan Southern Paiute Tribe have also approved the proposed settlement. Because the proposed settlement relies on the provision of federal funds, Congress must now ratify the settlement.
The proposed settlement would resolve all Hopi, Navajo, and San Juan Southern Paiute claims to surface water from the Little Colorado River Basin; claims to groundwater from the Navajo Aquifer, Coconino Aquifer, and nearby alluvial aquifers; and claims to surface water from the Gila River Basin. The proposed settlement would also settle tribal claims to the Upper and Lower Basins of the Colorado River. A summary of the proposed settlement created by the Navajo Nation can be found here. An overview of the proposed settlement provided by the Kyl Center for Water Policy can be found here.
After the introduction of bills proposing the ratification of the settlement, the leaders of the Hopi Tribe, Navajo Nation, and San Juan Southern Paiute Tribe testified before the Senate Committee on Indian Affairs as to the importance of the settlement. On March 11, 2025, Senator Mark Kelly reintroduced the Senate bill. On the same day, Representative Juan Ciscomani reintroduced the House bill.
Parties now await Congressional action. If Congress enacts the settlement, parties will gather again to sign any revisions necessitated by the legislation. After, the Department of the Interior will review the settlement. Following Department approval, the parties to the agreement will provide broad notice of the agreement and notice of an opportunity to object to the agreement. The Court will then consider objections to the settlement agreement and decide whether to issue a decree binding all parties to the adjudications to certain terms of the settlement.
Yavapai-Apache Nation SettlementAfter decades of on and off negotiations with neighboring water users, the Yavapai-Apache Nation is close to reaching a water rights settlement. On June 26, 2024, the Yavapai-Apache Nation Tribal Council voted to ratify the Yavapai-Apache Nation Water Rights Settlement Agreement. An overview of the settlement can be found here. If enacted by Congress and subsequently recognized in an adjudication decree, this settlement will permanently resolve the Yavapai-Apache Nation's rights to water in the Verde River Watershed and the Gila River Basin.
On December 26, 2025, Representative Eli Crane introduced a bill proposing Congressional approval of the agreement. On January 13, 2026, Senator Mark Kelly introduced a similar bill. The Senate Committee on Indian Affairs held a hearing on a version of the bill introduced during an earlier session of Congress on September 25, 2024.
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