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Water Rights/Research Log

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Source log

Every factual claim in this repo should trace to something here. Append new sections; do not rewrite existing ones.

Arizona sources

Compiled July 24, 2026 for ../02-arizona/. Access dates are July 24, 2026 unless noted.

Statutes and codes

  • A.R.S. § 45-402, Definitions (exempt wellexempt wellA well small enough to skip the permit process. Where a state draws that line is where most of the unregulated pumping happens. at 35 gpm; “irrigate” at 2 or more acres). https://www.azleg.gov/ars/45/00402.htm
  • A.R.S. § 45-452, No new irrigated acreage in active management areasActive Management AreaAn Arizona zone where groundwater pumping is actually regulated: metered, reported, and capped. Outside these zones there historically were no limits at all.. https://www.azleg.gov/ars/45/00452.htm
  • A.R.S. § 45-544, Transportation in areas not subject to active management; damages. https://www.azleg.gov/ars/45/00544.htm
  • A.R.S. § 45-551, Limitation on transportation to active management areasActive Management AreaAn Arizona zone where groundwater pumping is actually regulated: metered, reported, and capped. Outside these zones there historically were no limits at all.. https://www.azleg.gov/ars/45/00551.htm
  • A.R.S. § 45-554, Transportation of groundwater withdrawn in Harquahala INAIrrigation Non-Expansion AreaA lighter Arizona designation that freezes how much land can be irrigated without imposing full pumping regulation.. https://www.azleg.gov/ars/45/00554.htm
  • A.R.S. § 45-2701, Definitions (non-exempt wellexempt wellA well small enough to skip the permit process. Where a state draws that line is where most of the unregulated pumping happens.). https://www.azleg.gov/ars/45/02701.htm
  • A.R.S. Title 45 index, Chapter 2 Articles 8 and 8.1 (transportation basinsgroundwater transportation basinSpecific Arizona basins that the law allows water to be pumped out of and moved to a city. Butler Valley is one, which is why leasing it to a foreign hay grower caused an uproar.: §§ 45-552 to 45-555.01). https://law.justia.com/codes/arizona/title-45/
  • SB 1742 (2026), Rural Groundwater Management Act, did not pass. https://www.azleg.gov/legtext/57leg/2r/bills/sb1742p.pdf
  • HB 2990 (2026), rural groundwater management areas, did not pass. https://www.azleg.gov/legtext/57leg/2R/bills/HB2990P.htm
  • HB 2201 (2024) bill summary, transportation basingroundwater transportation basinSpecific Arizona basins that the law allows water to be pumped out of and moved to a city. Butler Valley is one, which is why leasing it to a foreign hay grower caused an uproar. background. https://www.azleg.gov/legtext/56leg/2R/summary/H.HB2201_021324_CAUCUSCOW.DOCX.htm

Cases

Agency and government

Academic and research

Journalism

Wisconsin and Great Lakes sources

Gathered July 24, 2026 for docs/03-wisconsin-great-lakes/. All URLs checked to resolve on that date unless noted.

Constitutional and doctrinal

Cases

Statutes and administrative code

Great Lakes Compact

Groundwater, wells, shoreland zoning

PFAS, nitrate, CAFOs

Data centers, southeast Wisconsin

Lake levels and coastal

Agency and data portals (verified July 24, 2026)

Case law sources

All URLs below were consulted for the case briefs in docs/01-cases/, verified July 24, 2026. Organized by case, in the order the briefs appear.

Prior appropriation origins

Irwin v. Phillips, 5 Cal. 140 (1855)

Coffin v. Left Hand Ditch Co., 6 Colo. 443 (1882)

Lux v. Haggin, 69 Cal. 255 (1886)

Interstate allocation

Kansas v. Colorado, 206 U.S. 46 (1907)

Wyoming v. Colorado, 259 U.S. 419 (1922)

Wisconsin v. Illinois, 278 U.S. 367 (1929)

Arizona v. California, 373 U.S. 546 (1963)

Florida v. Georgia, 592 U.S. 433 (2021)

Texas v. New Mexico and Colorado, 602 U.S. 943 (2024), and the 2026 final decree

Tarrant Regional Water District v. Herrmann, 569 U.S. 614 (2013)

Federal and tribal reserved rights

Winters v. United States, 207 U.S. 564 (1908)

Cappaert v. United States, 426 U.S. 128 (1976)

United States v. New Mexico, 438 U.S. 696 (1978)

Arizona v. Navajo Nation, 599 U.S. 555 (2023)

Commerce clause and water as a commodity

Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982)

Public trust, national and Wisconsin

Illinois Central Railroad Co. v. Illinois, 146 U.S. 387 (1892)

Wisconsin public trust background, cited across several briefs

Diana Shooting Club v. Husting, 156 Wis. 261 (1914)

Muench v. Public Service Commission, 261 Wis. 492 (1952)

Just v. Marinette County, 56 Wis. 2d 7 (1972)

Lake Beulah Management District v. DNR, 2011 WI 54

Rock-Koshkonong Lake District v. DNR, 2013 WI 74

Clean Wisconsin, Inc. v. DNR, 2021 WI 71 and 2021 WI 72

National Audubon Society v. Superior Court, 33 Cal. 3d 419 (1983)

Groundwater doctrine

State v. Michels Pipeline Construction, Inc., 63 Wis. 2d 278 (1974)

Michigan Citizens for Water Conservation v. Nestlé Waters, 709 N.W.2d 174 (Mich. Ct. App. 2005)

Sipriano v. Great Spring Waters of America, Inc., 1 S.W.3d 75 (Tex. 1999)

Edwards AquiferaquiferUnderground rock or sand with water in the spaces between the grains. It is not an underground lake. Water seeps through it slowly, often only feet per year. Authority v. Day, 369 S.W.3d 814 (Tex. 2012)

Takings

Casitas Municipal Water District v. United States, 543 F.3d 1276 (Fed. Cir. 2008)

Research demo, not legal advice. Facts current as of July 2026. Water law is state-specific and moves quickly, so confirm anything you plan to act on with a licensed attorney and the relevant state agency.