most of the rights in the bill of rights apply to the states under the twenty - seventh amendment.
most of the rights in the bill of rights apply to the states under the twenty - seventh amendment.
most of the rights in the bill of rights apply to the states under?
the twenty - seventh amendment
section::::citizenship and civil rights.:due process clause.:incorporation.









































while many state constitutions are modeled after the united states constitution and federal laws, those state constitutions did not necessarily include provisions comparable to the bill of rights. in "barron v. baltimore" (1833), the supreme court unanimously ruled that the bill of rights restrained only the federal government, not the states. however, the supreme court has subsequently held that most provisions of the bill of rights apply to the states through the due process clause of the fourteenth amendment under a doctrine called "incorporation".
fourteenth amendment to the united states constitution
arizona follows the prior appropriation doctrine for determining water rights. there are three categories of tradable rights in arizona: surface water rights under common law rights, surface water rights under statutory rights, and groundwater rights created by arizona's 1980 groundwater code. the former two surface water rights pertain to any surface water in arizona excluding flows in the colorado river (colorado river water rights are governed extraneously, by the colorado river compact). specifically, appropriated surface water can be: "waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwaters, wastewater, or surplus water, and of lakes, ponds and springs on the surface" (a.r.s. §45-101). common law rights apply to surface water diversions appropriated prior to the creation of arizona's 1919 public water code and are senior rights. statutory rights apply to any appropriation claimed after 1919, in which case the claimant must apply for and receive a permit from the arizona department of water resource (adwr) before diverting claimed surface water. rights holders must apply appropriated water to beneficial use (recognized as domestic, municipal, irrigation, stockwatering, power, mining, recreation, wildlife and fish, or groundwater recharge) or risk forfeiture of rights (which occurs if water is not applied to beneficial use for 5 or more consecutive years). arizona permits transfer of surface water rights, however there are maximum limits to the amount of water transferred and temporal duration of the transfer (a.r.s. §45-1002), and transfers are subject to review and approval by the adwr. in the case of transfers to instream flows to benefit fish, wildlife, or recreation, rights holders may follow a "sever and transfer" process, by which the holder permanently transfers the water right to the state of arizona or a political subdivision (as trustees of instream flows), pending approval of the adwr. this type of transfer will preserve the priority status of the water right, so that if the right transferred is a senior right, the benefiting instream flow will receive its water allocation before junior rights holders in the case of a water shortage. this transfer process is boon to ecosystem health and recreational value because wildlife and fish were not recognized as beneficial uses until 1941 and 1962, respectively. groundwater rights transfers are more restricted relative to surface water. the 1980 arizona groundwater code created jurisdictions called "active management areas" (ama) in parts of the state with high water demand, such as phoenix, tucson, and prescott. groundwater rights owners living in places outside of amas are entitled to a "reasonable" quantity of pumped groundwater that can be applied to beneficial use without waste. groundwater rights holders outside of amas may transfer rights under certain conditions and are rarely permitted to transfer groundwater outside the hydrologic basin. groundwater transfers within amas are also permissible, but are even more restricted, and groundwater regulation in amas is different and much stricter than regulation outside of amas. legal rules governing water exchanges in arizona are codified in title 45, chapter 4, of the arizona revised statutes. water transfers within arizona are most common in the phoenix ama.
water trading