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Douglas A. Ducey, Governor

Air Quality Forecast

CONTACT US AT
Arizona Navigable Stream Adjudication Commission (ANSAC)
1700 W. Washington St., Rm B-54
Phoenix, AZ 85007
E: nav.streams@ansac.az.gov
V: 602.542.9214
F: 602.542.9220

Arizona Navigable Stream Adjudication Commission-ANSAC

FIVE YEAR PLAN FY 2018-2022

(Commission Scheduled to Sunset June 30, 2020)

Missions:

  1. To determine the navigability of Arizonaís 39,039 watercourses in terms of navigability as of statehood, February 14, 1912, for the purpose of establishing streambed land title/ownership. Includes all Arizona Watercourses except the Colorado River.
  2. To determine the Public Trust Value of any Arizona watercourse or reach or segment of any watercourse that through the ANSAC adjudication and court processes is determined to have been navigable at time of statehood, February 14, 1912.

Description:

The Commission is a single program agency in terms of budget and funding.

The Commission has completed additional evidentiary hearings (known generally as post-remand case hearings) regarding six cases returned to the Commission as a result of one case being heard by the Arizona Court of Appeals: the San Pedro River, Santa Cruz River, Gila River, Verde River, and the Salt River (previously adjudicated as two separate cases known as the Lower Salt River and the Upper Salt River.

Following hearings all five of these rivers were determined by the Commission to have been non-navigable at time of statehood and the Commission is currently in the process of completing five final reports reflecting the Commissionís results. Following adoption of the Commission reports the State Land Department will have roughly six months to appeal the results regarding any river while other parties will have approximately nine months to appeal the results regarding any river. An appeal is to Superior Court in the form of a Request for Judicial Review.

While the Commission is scheduled to Sunset June 30, 2020, it is possible the Commission may complete its work and Sunset sooner.

Strategic Issues:

  1. Completion and future ratification of five reports reflection the Commissionís decisions and that may be considered by parties for appeal to Superior Court.
  2. Funding for outside legal counsel/attorney costs for all of commission legal work including defense of appeals filed in Superior court and filing legal actions on behalf of the commission.
  3. Complying with any additional directions issued by Superior Court or any court regarding any or all of the five remaining cases that may be appealed.
  4. Once the Commission has completed its hearings, including any additional court action will record each final commission report in the appropriate counties.
  5. Completing the Sunset process.

NOTICE TO READERS

ANSAC does NOT deal with Water Rights, Water Use, Water Ownership, or Water Diversion Issues and Deals only with Matters Relating to Land Title to the Beds of Arizona's 39,039 Rivers and Streams. The official source for dates, times and locations of hearings or other ANSAC meetings is what is known as the State kiosk and computers/kioks listing meeting notices are located in the lobbies of the Senate and House. A reader can learn of all state agency, board, and commission meetings by checking at a kiosk, or by checking online under State of Arizona, ďArizona Public Meeting NoticesĒ or by using other similar text to find the ADOA official public meeting notices site.

OFFICE HOURS

Normal Business Hours are 8:00-5:00. When we are away from the office we try always to forward the office phone to a phone number that will be answered and that is also a message phone.

We ask that you make an appointment to visit the office to review evidence for two reasons.  1. So we can have the boxes you will need ready and 2. So two parties who want to review the same evidence but who are on opposite sides of the issue do not drop in at the same time.  This has occurred a few times.

SUNSET DATE

Once ANSAC's work is done it will Sunset or go out of business. The present Sunset Date is June 30, 2020, however, the Commission expects to complete its work before that date.

COMMISSION/ANSAC HEARINGS

PURPOSE: To help clear more than 100,00 clouded Arizona property titles to the land beneath Arizona's 39,039 rivers and streams. As mentioned earlier, ANSAC's work pertains only to land beneath rivers and streams and not to water issues such as ownership, use, or diversion of water. There are many existing laws and agencies that deal with water ownership and use matters. Only the Colorado River is excluded from the ANSAC process, the bed of which is already owned by the government.

HOW: By gathering evidence, including engineering studies, and holding evidentiary navigability hearings on all of Arizona's 39,039 watercourses and in each of Arizona's 15 counties to determine which watercourses were navigable and which were non-navigable at time of statehood February 14, 1912.

If a Watercourse was NAVIGABLE at statehood then the bed/the land beneath the watercourse is subject to government ownership.  It is subject to being owned by the State.

If a Watercourse was NON-NAVIGABLE at statehood then the bed/the land beneath the watercourse is subject to private ownership by the party whose land it crosses.

Commissioners:

  • Wade Noble, Chair
  • Jim Henness, Vice Chair
  • Bill Allen, Member
  • Jim Horton, Member

Staff:

  • George Mehnert, Director
  • Matthew Rojas, Attorney
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