13 Water Law and Land Description

List the 3 types of land descriptions:

1) Tract refers to large piece of land identified in a survey 2). Lot is the individual subdivided pieces of land within a tract 3). Blocks refers to groups of lots commonly found within a subdivision

There are three types of Grandfathered Water Rights, name one...

1). Irrigation Grandfathered Water Rights2). Type 1 Non-Irrigation Grandfathered Water Rights3). Type 2 Non-Irrigation Grandfathered Water Rights

What is a township square?

36 square mile range and tier intersections called Township Squares.

Why did the state of Arizona create Active Management Areas (AMAs)?

AMAs are subject to Groundwater code. Assured Water Supply Program, within the 5 AMAs any new developer must provide a certificate of assured water supply An Overdraft occurs when more groundwater is being used than is being replaced in the underground aquifer.

Regarding Government Rectangular Survey, where is the Point of Intersection in Arizona?

Arizona uses the Gila and Salt River Baseline and Meridian (G&SRB&M), 115th Ave and Baseline Rd. This is the point of intersection.

When someone says that they "live on the same block as you," what are they technically saying?

Blocks refers the groups of lots commonly found within a subdivision.

What is the difference between contiguous and abutting in reference to township sections?

Contiguous are the sections that touch at any point, while Abutting are the sections that butt up against each other.

What doctrine governs the use of surface water in Arizona?

Doctrine of Prior Appropriation governs the use of surface water in Arizona.

What is an example of something that effluent water would be used for?

Effluent or Reclaimed (treated) waste water can be used for agriculture, golf courses, etc.

List some water users:

Following are few water users.• Agriculture• Industrial• Domestic• Municipal (cities, towns, water districts)• Private water companies

Within the Douglas INA, a farm was sold to a new owner 10 years ago who choose not to farm or irrigate up until now. Can the farmer begin irrigation?

No, New agricultural land that was not irrigated within 5 years of the INA having been designated, is prohibited.

What type of water law does not exist in Arizona? Why?

Non-Flowing water (oceans and seas, navigable lakes) law does not exist in Arizona. Land owners of land that borders non-flowing waters may have full enjoyment of the water.

In regards to Metes and Bounds, what is the Point of Beginning (POB)?

Point of Beginning (POB) is both the description start and end point.

Which directions do "range lines" and "township lines" run?

Range Lines are North-South Lines whereas, Township Lines are East-West Lines.

Regarding Government Rectangular Survey, how was the curvature of the Earth adjusted for?

These are called government checks. Spaced 24 miles apart, these sections of land are called fractional sections as they are only 24 miles x 24 miles, NOT the 36mi x 36mi standard.

Two farmers live on opposite sides of a large pond. Where does each of their property ownership stop?

They own up to the middle of the pond as it is a non-navigable water way and is shared property between neighbors.

Agent Zed just received a commission in the amount of $12,900 for the sale of his clients land. The settlement statement described the parcel as Township T4S, R1W, section 9, the NW 1/4 of the S 1/2. The settlement statement also stated the commission rate was 5%. What was the sales price per acre? Select one: a. $3225 b. $1990 c. $4400

a. $3225

This document governs the rights of Surface Water in Arizona: Select one: a. Doctrine of Prior Appropriation b. Water Grant Act of 1919 c. First in Time Hypothecation Rights d. Irrigation Succession Doctrine

a. Doctrine of Prior Appropriation

Which of the following could not be used as a monument in a metes and bounds survey? Select one: a. Sand dunes b. 100 year oak tree c. National marker d. River bed

a. Sand dunes

Perfected water rights can be lost if they are not used in how many years? Select one: a. 2 b. 5 c. 10 d. 3

b. 5

An example of a navigable waterway in the state of Arizona would be: Select one: a. Salt River b. Colorado River c. Lake Powell d. Lake Mead

b. Colorado River

Samuel just bought a house on the Colorado River that has it's own permanent dock where he can park his motorboat. What part of the river does he own? Select one: a. As far as the dock extends b. Land up to the average high water mark c. Up to the center of the river d. 30' from the shoreline

b. Land up to the average high water mark

Someone who has "Littoral Rights" could live where? Select one: a. On the banks of a dry wash b. On the coastline of Florida c. On the banks of the Salt River d. On a houseboat floating on Lake Havasu

b. On the coastline of Florida

The desert hiking group came upon what appears to be an old well and as thirsty as they are, they know to only drink what type of water: Select one: a. Aquafied b. Potable c. Portable d. Consumable

b. Potable

A type of Personal Property would be: Select one: a. AMA Owned Waters b. Type 2 Non-Irrigation Water Rights c. Type A Water Rights d. Subsequent Leasehold Waters

b. Type 2 Non-Irrigation Water Rights

The water table moves up and down on the small lake where a family owns a summer vacation home in Heber. Due to the fluctuating water levels, the buyers ask you about ownership rights and privileges. What is the correct answer: Select one: a. The property lines are clearly marked and it would be best to hire a surveyor to find them b. You own to the middle of the lake and have all benefits to use the lake c. Discuss the fact that the owners of the property would own up to the average high water mark d. Inform the buyers that the lake is owned in severalty and it is shared by all to use

b. You own to the middle of the lake and have all benefits to use the lake

What could possibly cause an overdraft in Arizona's water table? Select one: a. There is a chargeback to the underground holding tanks b. An oversupply from too much snow melt filling the reservoirs c. A drought causing more water to be consumed than is being replaced d. A contamination of ground water determined by ADEQ

c. A drought causing more water to be consumed than is being replaced

By dividing a plot of land into 5 parcels of land where each parcel is between 2-3 acres each, the seller would have to furnish a (an): Select one: a. Public Report Disclosure This is an example of a lot split of a maximum of 5 times, so the seller would have to funish the affidavit of disclosure b. Public Right of Way c. Affidavit of Disclosure d. Affidavit of Value

c. Affidavit of Disclosure

What information would be most likely found in a Plat Map? Select one: a. Legal Description b. GPS coordinates c. Lot, Block and Tract d. Postal Address

c. Lot, Block and Tract

Which of the following is not one of the Active Management Areas: Select one: a. Pinal County b. Santa Cruz County c. Pima County d. Prescott

c. Pima County

Which of the following is not a recognized Land Description Method used in Arizona? Select one: a. Government Rectangular b. Metes and Bounds c. Public Survey d. Lot, Block, Section

c. Public Survey

Under the doctrine of prior appropriation, if surface water is not used within a 5 year period, what happens to the rights? Select one: a. Nothing, owners has the right to use or not use b. Seller can exercise right to sell or transfer c. Rights revert to the state d. Rights revert to the Bureau of Land Management

c. Rights revert to the state

How many acres are in a piece of land that is described as "The N ½ of the N/E ¼ of the S/E ¼ of section 1, T2N, R3E? Select one: a. 40 acres b. 80 acres c. 60 acres d. 20 acres

d. 20 acres

Range lines are separated by what? Select one: a. 3 Miles b. 5280 Feet c. 9 Miles d. 6 Miles

d. 6 Miles

Water rights that are automatically transferred with the land are known as: Select one: a. Unconditional Allotment b. Rights to Commence c. Deed Cleared d. Appurtenant

d. Appurtenant

The Baseline and Prime Meridian intersection in Arizona is where: Select one: a. Indian School Rd and 183rd Ave intersection b. E/W Range and the N/S Township intersection c. Gila River and Hopi River intersection d. Baseline Rd and 115th Ave intersection

d. Baseline Rd and 115th Ave intersection

Effluent water would most likely be used for: Select one: a. Water destined for above ground reservoirs in reserve of CAP b. Water used by Private Water Hauling companies c. Water treated by percolation d. Water used for palm trees irrigation water next to a freeway

d. Water used for palm trees irrigation water next to a freeway