Defenders' Experts
Arizona Public Trust
Date Filed: 06/19/2006
Case Status: Active
Defenders and/or State of Arizona v. Arizona Navigable Stream Adjudication Commission
Defenders has challenged Arizona Navigable Streams Adjudication Commission (“ANSAC”) determinations of non-navigability for Arizona rivers that disclaim all of the state’s public trust interests in the beds of several rivers in the state – Lower Salt, San Pedro, Santa Cruz, Upper Salt, Verde and Gila Rivers.
Defenders and/or the Arizona State Lands Department appealed these decisions to state superior court. The first appeal to be heard was on the Lower Salt River determination, which the court affirmed. We appealed to the Arizona Court of Appeals; meanwhile, the other challenges have been stayed.
Related Documents
Updates:
12/09/2010
Victory! The Arizona court of appeals vacated and remanded the lower court’s decision that had upheld the stream commission’s finding that the Lower Salt River was non-navigable, in which case the riparian landowners held title to the riverbeds. The court found that the stream commission had misapplied the test for determining navigability, which we had argued for so that the state of Arizona would hold title to the riverbeds in trust for the people of the state. Because the stream commission has found all rivers and streams in Arizona to be non-navigable, thus disclaiming any public trust interest in the rivers, and because we have appealed those determinations for the Upper Salt, San Pedro, Santa Cruz, Verde and Gila Rivers, those determinations will be reconsidered as well. Unfortunately, this will have to wait because the stream commission has appealed to the Arizona Supreme Court.
