ANSAC WEBSITE FOR HEARINGS & OTHER LEGAL MATTERS UPDATED JUNE 10, 2014. IMPORTANT DATES/MEETING DATES
Scheduled Commission Hearings: The following hearings are all scheduled to begin on the dates indicated to be held in Arizona Senate Hearing Room 1, 1700 W. Washington, Senate Building, Phoenix, AZ 85007: Gila River, June 16, 2014. Upper Salt River, August 18, 2014. Verde River, October 20, 2014. Lower Salt River, December 16, 2014. Each hearing may continue throughout the week for which it is scheduled to begin, as necessary, and may need to be continued to other dates as well. In each case the Commission will receive physical evidence and testimony on two narrow issues: (1) navigability or non-navigability of each respective river in its "ordinary and natural condition" at the State of Arizona's admission to the United States on February 14, 1912, consistent with the Arizona Court of Appeals decision in State v. Arizona Navigable Stream Adjudication Comm'n, 224 Ariz. 230, 229 P.3d 242 (App. 2010); and (2) segmentation of each respective river consistent with the United States Supreme Court's decision in PPL Montana, LLC v. Montana, 556 U.S._____, 132 S.Ct. 1215 (2012). REMAND CASE EVIDENCE DUE DATES: Pursuant to A.R.S. § 37-1101, et. seq., the Arizona Navigable Stream Adjudication Commission (ANSAC) is planning to hold evidentiary hearings on the San Pedro, Santa Cruz, Upper Salt, Gila, Verde, and Lower Salt Rivers. Remaining evidence due dates are: Lower Salt River, changed from12:00 p.m., Tuesday, June 17, 2014 to 12:00 p.m. Thursday July 17, 2014. Additional evidence may be submitted at any time prior to and at the hearings per A.R.S. § 37-1123(C).
The hearing dates scheduled thus far appear above. Santa Cruz River Opening Briefs (20 page limit) are due June 13, 2014. Response Briefs (10 page limit) are due July 3, 2014, and Proposed Findings of Fact and Conclusions of Law (no page limit) are also due July 3,2014.
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.
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.
Once ANSAC's work is done it will Sunset or go out of business. The present Sunset Date is June 30, 2016, however, the Commission expects to complete its work before that date.
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.
EXAMPLE of a streambed owned by the government: If you own a cabin and a piece of property in Northern Arizona, as many citizens do, and a stream that crosses your property is determined to be Navigable then the Government/the State in this instance and not you will own the bed and title to the land beneath the stream, while you will still own the property on either side of the stream. This may be true even if your relatives obtained the property decades ago through the process of Homestead.
- Wade Noble, Chair
- Jim Henness, Vice Chair
- Bill Allen, Member
- Jim Horton, Member
- George Mehnert, Director
- Fred Breedlove, Attorney