Arizona Real Estate License Arizona Water Law Questions and Answers

Question 1

A developer plans to build a new 200-home subdivision within the boundaries of a designated Active Management Area (AMA). Before the Arizona Department of Real Estate will issue a public report, what must the developer demonstrate to the Arizona Department of Water Resources (ADWR)?

Accepted Answer

An Assured Water Supply that is sufficient for at least 100 years.

Answer

Arizona's Groundwater Management Act requires that new subdivisions within an Active Management Area (AMA) demonstrate an Assured Water Supply. This means the developer must prove to the ADWR that a physically, legally, and continuously available water supply of adequate quality exists to meet the needs of the proposed development for at least 100 years.

Question 2

Which of the following legal doctrines governs the use and allocation of surface water from Arizona's rivers and streams?

Accepted Answer

Prior Appropriation

Answer

Arizona, like most western states, uses the doctrine of Prior Appropriation for surface water. This doctrine is often summarized as "first in time, first in right," meaning the first person to divert and put the water to a beneficial use has a senior right to the water over those who appropriate water later.

Question 3

A buyer purchases a rural property with a registered domestic water well. To comply with state law, what action must the new owner take shortly after the sale closes?

Accepted Answer

File a 'Request to Change Well Information' form with the ADWR.

Answer

When a property with a well is sold, the new owner is required to notify the Arizona Department of Water Resources (ADWR) of the change in ownership. This is done by filing a 'Request to Change Well Information' form (formerly Form 55), ensuring the state's well registry remains accurate.

Question 4

A large parcel of land is located within an Irrigation Non-Expansion Area (INA). What is the primary restriction on water use for this property?

Accepted Answer

New acres of land cannot be brought into cultivation for irrigation purposes.

Answer

The purpose of an Irrigation Non-Expansion Area (INA) is to preserve the existing groundwater supply for established agricultural users. Therefore, the primary rule within an INA is that land that was not irrigated in the five years preceding the INA's designation cannot be newly developed for irrigation.

Question 5

What is the key difference between Arizona's 'Assured Water Supply' program and its 'Adequate Water Supply' program?

Accepted Answer

The Assured program applies inside AMAs and is a strict requirement for development, while the Adequate program applies outside AMAs and is primarily a consumer disclosure program.

Answer

The Assured Water Supply program operates within the state's five Active Management Areas (AMAs) and is a mandatory requirement that developers must meet to prove a 100-year water supply before selling lots. The Adequate Water Supply program operates outside the AMAs, also assesses a 100-year supply, but serves as a consumer advisory tool where the developer must disclose the ADWR's findings to potential buyers.

Arizona Real Estate License Practice Test

Arizona Real Estate License Practice Test

Arizona Real Estate License Arizona Water Law Questions and Answers