Attorney Clyde Halstead discussed the 48-year-old court case to determine rights to surface water, where it came from and where it is going. Recent and ongoing developments in the Gila River Adjudication make this a very timely topic.
What is the Gila Adjudication and why could its rulings regarding water rights in the Gila River System, which includes the Verde River, have the potential to impact both well users and municipal water users in a significant way? Clyde Halstead, a water law attorney, reviewed the history of the Gila Adjudication, discussed major rulings that will affect water users in the Verde River Basin and explained how citizens can participate in the Adjudication to protect their water rights.
The Gila Adjudication is a proceeding established 48 years ago to determine the rights to all surface water in the Gila River system, which encompasses the Verde River, Granite Creek, Mint Wash, Williamson Valley Wash, the Big Chino Wash and the Agua Fria River. The Adjudication is ongoing with new cases currently being processed and heard. Halstead looked at the ramifications of Gila Adjudication decisions as well as the nature of its rulings, which determine when a well is included in the Adjudication, what rights a well user has to surface water, and the distinction between ground and surface water. He also explained the ramifications of the final court decrees regarding the ownership and characteristics of claimed water, including location of water uses, quantity of water used, and date of priority of the water rights.
After his presentation, Halstead answered many questions including from citizens concerned about losing access to their water.
ADWR's new interactive map to assist landowners in determining whether or not their properties fall within the proposed subflow zone: Click on the link and then check the "I agree to the above terms and conditions" in the box at the bottom left and then on "OK" at the bottom right. Here's the link:
You can see the web page about the Adjudication at: Gila River Pending Cases and Decisions
For general information, note link on right of this page "Overview of General Stream Adjudication"
Clyde is a Partner in the Prescott office of Carpenter Hazlewood Attorneys at Law, where he leads the firm’s Water Law Practice Group. Halstead has received the Award of Excellence from the Arizona Game and Fish Department, the GUEST award from the City of Prescott, and the Award of Excellence from Navajo County. As an Arizona native who has grown up appreciating the importance of water and its necessity to our very existence, Halstead’s goal is to ensure Arizonans can trust their source of water to safely supply them, their children, and generations to come.