What This Statute Says
The State of Arizona is normally exempt from the limitations chapter under A.R.S. 12-510. This section creates a narrow but important exception. When the state asserts a claim based on a watercourse's alleged navigability, ordinary legal and equitable defenses, including adverse possession, are available.
Any action brought by this state or any person claiming through this state for lands, or for the rents or profits from lands, based on a claim of navigability of any watercourse, as defined in section 37-1101, except the Colorado river, is subject to all legal and equitable defenses which would be available if the claimant were not this state or a private person or political subdivision of this state claiming through this state.
A.R.S. § 12-529When This Statute Comes Into Play
This statute applies in narrow circumstances:
- An estate property adjoins or includes a riverbed and the state asserts an old navigability claim.
- A family ranch traces title through grants that the state later challenges based on watercourse history.
- A title insurance commitment flags a state watercourse exception that the family wants to clear.
What This Means for Arizona Families
Most Arizona families never encounter a state navigability claim, but for those who own property along major watercourses, the question is real. This section gives owners the same defenses they would have against any private claimant, including adverse possession and equitable defenses such as laches.
If you serve as a personal representative or trustee for an estate that includes ranch or riparian property, look closely at any title exceptions related to watercourse navigability. Our FAQ on managing real estate during probate or trust administration walks through the broader title review steps. An Arizona real estate attorney with experience in state land disputes can evaluate whether 12-529 protects the estate's interest and what evidence supports the available defenses. Clearing a watercourse exception often takes a quiet title action, and the case may turn on historic records dating back decades. Pairing the legal effort with a warranty deed review at the next conveyance ensures that the family's title is documented for future generations.