adwr/freeport v. Hon. mcclennen/mohave County

Summary

The Court held that the statutory limitations and conditions governing severance and transfer of water rights are the exclusive grounds on which the Arizona Department of Water Resources may deny a properly filed application. It also held that an “interested person” entitled to object must allege an interest protected by that statute and affected by the proposed transfer. Because Mohave County alleged only generalized public-interest, water-supply, and tax concerns, the Court vacated the superior court’s judgment, affirmed the agency decision, and remanded only for further proceedings including attorney-fee determination.