

Bowers said the state is still trying to determine who has the rights to certain surface and subsurface waters.
He said some of the water rights at issue actually could turn out to belong to tribes. Bowers said there’s no reason to subject well drillers to criminal liability if it turns out that what they’re pumping “contains one molecule of subflow.”
That includes Bowers himself who said he drilled a new well two years ago. . . "
Legislation to immunize well owners becomes law
by Howie Fischer 07 June 2019
A new law signed Thursday by Gov. Doug Ducey is designed to provide legal protections to those who drill wells into underground streams they are not legally entitled to tap.
The measure repeals existing laws that make it a crime when a well owner “uses water to which another is entitled.” That law, until now, has subjected violators to up to four months in jail and a $750 fine.
Now, that criminal penalty will be available only when someone knew they were breaking the law. . . Read more > https://azcapitoltimes.com/news/2019/06/07/legislation-to-immunize-well-owners-becomes-law/