Yavapai County Superior Court Judge David Mackey ruled last week that the Verde Ditch Company can proceed with an effort to establish an agreement with the Salt River Project.
The agreement, a memorandum of understanding, defines some historic water rights on lands irrigated by the Verde Ditch Company, which is responsible for providing water from the Verde River to ditch shareholders and has some records dating back to 1868.
The matter was heard in court Friday, Aug. 21, under the jurisdiction of what’s called the Hance v. Arnold Court, a body that has maintained jurisdiction over the Verde Ditch since a decree issued back in 1909, before Arizona had obtained statehood.
The agreement defines certain properties by color.
There are lands with historic water use rights and then there are “green” lands, properties with those rights that are currently receiving water from the Verde Ditch.
There are also “purple” lands which are not seen currently using water from the ditch.
Finally there are “orange” lands, lands that use water but don’t apparently have the documentation to establish historic water rights.
Some landowners have been concerned that the agreement, an attempt to establish the status of water rights on properties served by the ditch, might have a negative impact on their rights.
“I just want someone who will be my advocate,” said Karen Phillips, a property owner with shares in the Verde Ditch.
Phillips said she was assured when she purchased the property that water rights were grandfathered along with the land.
Now that her land is classified as “orange,” Phillips said she was worried what the agreement might mean for her and other shareholders.
To read the full story, see the Wednesday, Aug. 26, edition of The Camp Verde Journal.
