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.
In a March 3, 2026 order, Judge Blaney concluded that statutory forfeiture does not apply to surface water rights that vested prior to June 12, 1919. In a March 26, 2026 order, Judge Blaney concluded that the administrative process set out in Arizona’s surface water code is the sole method for a private well-owner to obtain appropriative rights after June 12, 1919.
Judge Blaney certified the legal issues considered in these orders to the Arizona Supreme Court on May 6, 2026. Procedures governing the certification are set out in the Arizona Supreme Court's Procedures for Interlocutory Review and Certifications, entered September 23, 2026.
Per an order entered May 20, 2026, the Special Master will approve by default “change of counsel within the same law firm or governmental law office.” In accordance with Rule 5.3 of the Arizona Rules of Civil Procedure, the Special Master will no longer be issuing individual orders approving those changes.
The Special Master delivered a presentation to the Citizens Water Advocacy Group regarding the general stream adjudications on Saturday September 12, 2026. Listen to a recording of the presentation.
Subflow Zone
On April 2, 2026, the Special Master filed a Rule 53 report reviewing ADWR’s delineation of a subflow zone for the Verde River Watershed. The Special Master approved most of the delineation, but ordered ADWR to provide a supplement further explaining various subflow zone termination points along tributaries to the Verde River. ADWR filed the supplement on May 1, 2026. Parties filed objections to the Special Master’s report and ADWR’s supplement by July 1, 2026. The Special Master’s Report, objections to the report, and ADWR’s supplement are currently under review with Judge Blaney.
HSRsOn June 25, 2026, the Special Master issued guidelines for HSRs covering the Verde River Watershed, except for the Sycamore Canyon Subwatershed HSR. The Special Master instructed that ADWR:
- Should not “report on unclaimed uses supplied by wells outside the subflow zone”
- Should “include a draft abstract in the final HSR if and only if it is for an administratively complete water use, de minimis or otherwise”
- Should not “complete a forfeiture analysis when reporting on claims and uses in future Hydrographic Survey Reports.”
San Pedro River Watershed
St. David Irrigation District
On May 13, 2025, the Special Master issued an order partially resolving the “initial designation cases” pertaining to St. David Irrigation District. The “initial designation cases” are the first St. David cases to be considered by the Special Master. On July 9, 2026, the parties filed a “Joint Notice of Stipulation” seeking to resolve the initial designation cases. On August 25,2026, the Special Master approved the proposed settlement.
In re ASARCO-Irrigation, W1-11-2801This case deals with various pre-1919 water rights claims on 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 22, 2025. On February 3, 2026, the Special Mater issued an order on the motions for summary judgment. Trial on the remaining claims was held between August 24 and September 3, 2026. Closing briefs are due November 19, 2026, and responses are due December 21, 2026.
On September 4, 2026, ADWR issued the Subflow Zone Delineation for the Silver Creek Hydrographic Survey Report Boundary. Claimants (i.e. those who have filed statements of claimant) may file objections until March 3, 2027.
Proposed Settlement of Lower LCR Subflow ZoneOn September 5, 2025, ADWR filed a subflow zone delineation report for the Lower Little Colorado River Watershed, culminating years of work to map a subflow zone within the 17,387 square mile subwatershed. On August 24, 2026, objectors to the proposed delineation filed a stipulation withdrawing their objections pending court approval of the stipulation. On September 3, 2026, the Special Master approved the stipulation, ordering ADWR to issue an addendum incorporating stipulated modifications to the original report.
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. Read the summary of the proposed settlement created by the Navajo Nation. Read overview of the proposed settlement provided by the Kyl Center for Water Policy.
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 finalized water rights settlement. On June 26, 2024, the Yavapai-Apache Nation Tribal Council voted to ratify the Yavapai-Apache Nation Water Rights Settlement Agreement. Read an overview of the settlement. 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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