A.R.S. tit. 37 ch. 7 — Arizona Revised Statutes Title 37 Chapter 7 — State Claims To Streambeds

37-1101. Definitions In this chapter, unless the context otherwise requires: 1. "Arizona navigable stream adjudication commission" or "commission" means the Arizona navigable stream adjudication commission established by section 37-1121. 2. "Bed" means the land lying between the ordinary high watermarks of a watercourse. 3. "Highway for commerce" means a corridor or conduit within which the exchange of goods, commodities or property or the transportation of persons may be conducted. 4. "Man-made water conveyance system" means: (a) An irrigation or drainage canal, lateral canal, ditch or flume. (b) A municipal, industrial, domestic, irrigation or drainage water system, including dams, reservoirs and diversion facilities. (c) A channel or dike that is designed, dedicated and constructed solely for flood control purposes. (d) A hydropower inlet and discharge facility. (e) A canal, lateral canal, ditch or channel for transporting central Arizona project water. 5. "Navigable" or "navigable watercourse" means a watercourse that was in existence on February 14, 1912, and at that time was used or was susceptible to being used, in its ordinary and natural condition, as a highway for commerce, over which trade and travel were or could have been conducted in the customary modes of trade and travel on water. 6.  "Ordinary high watermark" means the line on the banks of a watercourse established by fluctuations of water and indicated by physical characteristics, such as a clear natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation or the presence of litter and debris, or by other appropriate means that consider the characteristics of the surrounding areas. Ordinary high watermark does not mean the line reached by unusual floods. 7. "Public entity" means the United States and its agents, this state, a county, city or town, a county flood control district or any other entity established under title 48. 8. "Public trust land" means the portion of the bed of a watercourse that is located in this state and that is determined to have been a navigable watercourse as of February 14, 1912. Public trust land does not include land held by this state pursuant to any other trust. 9. "Public trust purposes" or "public trust values" means commerce, navigation and fishing. 10. "Riparian area" means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water or effluent transportation, distribution, off-stream storage and collection systems. 11. "Watercourse" means the main body or a portion or reach of any lake, river, creek, stream, wash, arroyo, channel or other body of water. Watercourse does not include a man-made water conveyance system described in paragraph 4 of this section, except to the extent that the system encompasses lands that were part of a natural watercourse as of February 14, 1912. 37-1102. Trust advocate In all activities and proceedings under this chapter, the commissioner shall: 1. Act as an advocate for the public trust. 2. Act diligently to promote trust interests. 3. Challenge or defend commission decisions as the commissioner considers necessary to protect trust interests. 37-1121. Arizona navigable stream adjudication commission A. The Arizona navigable stream adjudication commission is established through June 30, 2028 as a separate agency and independent of the state land department. The commission consists of five persons, not more than three of whom are from the same political party, who are appointed by the governor pursuant to section 38-211. The terms of office of members of the commission end on July 1, 2028. Persons who are appointed to the commission must be well-informed on issues relating to rivers and streams in this state. The commission shall select a presiding officer from among its members. B. Members of the commission are public officers for the purposes of title 38, chapter 3, article 8 and title 38, chapter 3.1. A person who has advocated for or expressed a desire that a watercourse in this state be determined to have been navigable or nonnavigable may not serve as a commission member. A commission member who is a witness, gives evidence or makes statements of personal knowledge of the characteristics of navigability of a watercourse for the commission's consideration shall not participate as a commission member in proceedings relating to that watercourse. A commission member shall not: 1. Have any bias regarding the possible navigability of any watercourse. 2. Own, obtain a significant portion of income from or claim any ownership or possessory interest in lands affected by this chapter. 3. Directly or indirectly receive a significant portion of income from a person who claims an ownership or possessory interest in lands affected by this chapter or from a person who obtains a significant portion of income from such lands or shall not have been employed by such persons within two years before or be employed by such persons within two years after the commission member's term of office. C. Funding for the commission and its necessary and reasonable expenses, including contracting for private services, shall be provided from legislative appropriations as may be necessary for the commission to fulfill its responsibilities. All unexpended and unencumbered monies appropriated to the commission revert to the state general fund on July 1, 2028. D. The governor, on good cause shown, may remove a member for neglect of duty or misconduct or malfeasance in office. On removal, the governor shall file with the secretary of state a complete statement of all charges made against the member, the governor's findings and a complete record of the disciplinary proceedings conducted with respect to the removal. E. Members are eligible to receive compensation pursuant to section 38-611 for service on the commission, unless a member who is otherwise employed as a public officer is prohibited from receiving additional compensation. F. The commission shall maintain its principal office at the state capital but may hold meetings or hearings any place in this state. The commission shall meet at least once each calendar quarter, except that if the commission has completed all inquiries and hearings required under this chapter, the commission is not required to meet. The presiding officer or a majority of the members may call additional meetings. On termination, the commission shall transmit all of its records to the secretary of state. G. If a vacancy occurs on the commission, the governor may appoint a replacement member pursuant to section 38-211. H. Notwithstanding section 41-192, the attorney general shall not advise or represent the commission. I. For the purposes of subsection B of this section, "significant portion of income" means ten percent or more of gross personal income for a calendar year. 37-1122. General powers and duties of the commission A. The commission shall: 1. Adopt administrative rules that in its discretion it considers to be necessary and proper to carry out the provisions and purposes of this chapter. 2. Assemble and distribute information to the public relating to the commission's determination of navigability or nonnavigability of any watercourse and the commission's other activities. 3. Conduct inquiries or hearings in performing the commission's powers and duties. The commission shall conduct its proceedings informally without adherence to judicial rules of procedure or evidence. The commission shall facilitate participation by persons who are not represented by legal counsel and shall not require a person to file documents or notices in order to be heard and participate in proceedings before the commission. 4. Exercise such other powers as may be necessary to fully carry out its responsibilities imposed by this chapter. B. The commission may employ subject to title 41, chapter 4, article 4 or contract for legal counsel, independent from the attorney general, and other professional and administrative services. Legal counsel retained by the commission may advise and represent the commission in connection with legal matters before other departments and agencies of this state and represent the commission in litigation concerning the affairs of the commission. Contracts for legal and professional services are exempt from section 41-192 and title 41, chapter 23. 37-1123. Receiving and compiling evidence and records A. The commission shall receive, review and consider all relevant historical and other evidence presented to the commission by the state land department and by other persons regarding the navigability or nonnavigability of watercourses in this state as of February 14, 1912, together with associated public trust values, except for evidence with respect to the Colorado River, and, after public hearings conducted pursuant to section 37-1126: 1. Based only on evidence of navigability or nonnavigability, determine which watercourses were not navigable as of February 14, 1912. 2. Based only on evidence of navigability or nonnavigability, determine which watercourses were navigable as of February 14, 1912. 3. In a separate, subsequent proceeding pursuant to section 37-1128, subsection B, consider evidence of public trust values and then identify and make a public report of any public trust values that are now associated with the navigable watercourses. B. Before receiving, reviewing or considering any evidence pursuant to subsection A of this section for a particular watercourse, the commission shall publish notice once each week for three consecutive weeks in a newspaper of general circulation in each county in which the watercourse is located. The notice shall include: 1. A statement of the intent to receive, review and consider evidence. 2. An address to which interested parties may submit evidence for the commission's review. 3. A date by which evidence must be submitted. 4. A general description of the procedures the commission will use to review the evidence. C. Private citizens, clubs, organizations, corporations, partnerships, unincorporated associations, municipal corporations and public entities may present evidence to the commission at a hearing according to commission rules. The submission of evidence by any party pursuant to the commission's notice under subsection B of this section does not preclude that party from submitting additional evidence at any hearing before the commission. D. The state land department shall consult and coordinate its efforts to gather evidence of navigability and public trust values with the department of water resources, the game and fish department, the state parks board and other interested persons and public and private entities. The commission shall consider the information that those persons and entities have compiled regarding the navigability of watercourses. E. After public notice, the commission shall set priorities for investigating and conduct hearings on the navigability of the watercourses in this state. In setting the priorities, the commission shall consider: 1. The number and value of parcels of real property that are affected by a state claim of sovereign ownership to the bed of the watercourse. 2. The degree of hardship to private parties and political subdivisions due to title uncertainties relating to the bed of the watercourse. 3. The significance of the public trust values associated with the watercourse and the degree to which those values are threatened. 4. The potential viability of this state's sovereign claims to the watercourse, giving higher priority consideration to more viable claims. F. A person who is aggrieved by the undetermined navigability status of a watercourse may petition the commission to modify the priority set under subsection E of this section and grant expedited consideration for a particular watercourse. The commission shall grant the petition if justified by the factors listed in subsection E of this section. G. No judicial action seeking a determination of navigability of a watercourse, to establish or obtain ownership of land within the bed and banks of a watercourse or to determine any public trust values associated with a watercourse may be commenced, continued or completed unless the commission has made a final determination with respect to the watercourse pursuant to section 37-1128. This subsection does not preclude the department from seeking a temporary restraining order or injunctive relief at any time to prevent loss or damage to public trust resources. H. Notwithstanding subsection G of this section, any condemnation action by this state or a political subdivision of this state may proceed to trial and conclusion, including the payment of compensation, regardless of the potential claim of title by this state based on the navigability of the watercourse. In any action commenced or continued pursuant to this subsection, the court shall not consider or decide the navigability of the watercourse. Any judgment in any action commenced or continued pursuant to this subsection shall be subject to a potential claim of title by this state based on the navigability of the watercourse. 37-1124. Compiling evidence and records by department A. Beginning on or about the date that the commission establishes priorities pursuant to section 37-1123, subsection E, but in no event later than January 2, 1993, the department shall begin the necessary investigation and inquiries to assemble the evidence relevant to finding navigability with respect to those watercourses given the highest priority by the commission. The department shall continue the investigations and inquiries as resources permit, in the order of priority set by the commission. B. After collecting and documenting all reasonably available evidence regarding the condition and usage of a watercourse as of February 14, 1912, the present uses of the underlying land and the public trust values associated with the watercourse, if any, the department shall promptly transmit all of the evidence to the commission. C. The department shall maintain a permanent record of the material assembled and transmitted to the commission. 37-1126. Hearings; notice A. The commission shall schedule public hearings to receive additional evidence and testimony relating to navigability or nonnavigability of each watercourse, and, if the commission finds a watercourse is navigable, the commission shall schedule public hearings to identify and make a public report of any public trust values associated with the watercourse. The hearings shall be held at the commission's office or, in the case of a hearing concerning a watercourse located principally outside of Maricopa county, at the county seat of the county in which the predominant portion of the particular watercourse is located. The commission may schedule additional hearings at other locations at the commission's discretion. B. At least thirty days before any public hearing under this section, the commission shall cause notice of the hearing to be published in two newspapers, one of statewide circulation and another of general circulation in the county where the hearing is to be held. In addition, the commission shall mail notice of the hearing to any person who has previously requested notice of hearings in writing from the commission. 37-1128. Determination of navigability A. After the commission completes the public hearing with respect to a watercourse, the commission shall again review all available evidence and render its determination as to whether the particular watercourse was navigable as of February 14, 1912. If the preponderance of the evidence establishes that the watercourse was navigable, the commission shall issue its determination confirming that the watercourse was navigable. If the preponderance of the evidence fails to establish that the watercourse was navigable, the commission shall issue its determination confirming that the watercourse was nonnavigable. B. With respect to those watercourses that the commission determines were navigable, the commission shall, in a separate, subsequent proceeding, identify and make a public report of any public trust values associated with the navigable watercourse. C. The commission shall make its determinations under subsections A and B of this section in writing with sufficient documentation and detail to confirm the rationale and basis for the determination. The determinations constitute final administrative determinations and are not subject to title 41, chapter 6, article 10. D. The commission shall immediately notify the department of any watercourse that it determines to be navigable or nonnavigable under subsection A of this section. Within one hundred eighty days after receiving notice that a watercourse is: 1. Navigable, the department shall send notice of that determination to each record owner of, and each person or entity that has an interest of record in, any property that may be affected by the determination and to each person or entity that has requested notification of any determination of navigability. The department shall include a statement of whether the department intends to seek judicial review of the commission’s determination. Any time after the date of the notice under this paragraph, the record title owner or lessee of any affected property may petition the department in writing to disclaim, release, relinquish or dispose of the property from public trust land status as no longer necessary or materially useful for the purposes of the trust. 2. Nonnavigable, the department shall send notice of that determination to each person or entity that has requested notification of any determination of nonnavigability. The department shall include a statement of whether the department intends to seek judicial review of the commission’s determination. E. After the time for judicial review of the commission's determination with respect to any watercourse has expired, as provided in section 37-1129, the commission shall cause a record of its determination to be recorded in the office of the county recorder of each county in which any part of the watercourse affected by the determination is located. 37-1129. Judicial review A. Beginning on the date the commission issues a determination under section 37-1128, subsection A and continuing through ninety days after the department issues a notice under either section 37-1128, subsection D, paragraph 1 or 2, the state land commissioner or any person who is aggrieved by the commission’s determination may seek judicial review in superior court in the county in which all or part of the watercourse that is directly affected by the determination is located. B.  Except as otherwise provided in this chapter, judicial review shall be conducted pursuant to title 12, chapter 7, article 6. C.  If separate actions are filed under this section with respect to the same watercourse or adjacent or proximate watercourses, on motion by any party to any such action or on its own initiative, the court may: 1.  Order a joint hearing or trial of any matter in the actions. 2.  Order all of the actions pending in any court to be consolidated. 3.  Issue such orders concerning proceedings in the actions as may tend to avoid unnecessary costs or delay or as may be necessary to avoid inconsistent results. 37-1130. Title to bed of nonnavigable watercourse; appropriation of waters for public trust values A. Subject to judicial review under section 37-1129, the commission’s determination that a watercourse is nonnavigable constitutes a waiver, relinquishment and disclaimer of this state's right, title or interest in the bed of the watercourse based on its navigability. B. This state may obtain any water that is necessary to maintain and protect public trust values that are identified by the commission pursuant to section 37-1128, subsection B only by complying with the requirements of title 45. 37-1131. Notice to landowners; quiet title action A. If the commission determines a watercourse to be navigable as provided in section 37-1128, the state land department shall do the following before it files any quiet title action regarding public trust property beneath or adjacent to the watercourse: 1. Collect information and perform land surveys that are necessary to determine the boundaries of the bed of the watercourse. The bed of the watercourse to which the state claim applies is the bed of the watercourse existing on the date of the commission's determination, unless the preponderance of the evidence establishes a different location. Before making this determination, the department shall provide public notice and any opportunity for comment by the public. 2. Compile a complete description of each parcel of land lying wholly or partially in the bed of the watercourse, including record title ownership by any person, and a complete title search of each parcel to show how and when the lands were first conveyed in apparent violation of the public trust. 3. If the land was conveyed in apparent violation of the public trust by an agency of the United States, bring an action against the United States for damages and prosecute the action to final judgment. Any damages collected shall be placed in the riparian trust fund established by section 37-1156. B. At least thirty days before entering onto any lands in or adjacent to the bed of a watercourse as required for purposes of this section, the department shall notify any record title owner of the property by certified mail of the intention to inspect the property. The notice shall: 1. State the period during which the department or the department's consultant intends to inspect the property and that the inspection is required under subsection A of this section. 2. Describe the activities that the department or the department's consultant intends to perform on the property. C. Within thirty days after compiling the parcel information pursuant to subsection A, paragraph 2 of this section the department shall notify each record owner or lessee of property that is located in the bed of the navigable watercourse and each person and entity that have an interest of record in the property of the commission's determination and that, by virtue of the determination, all or a portion of the property will be claimed as public trust land of this state in a quiet title action. The notice shall include: 1. The name of the watercourse and the date of the determination of navigability pursuant to section 37-1128. 2. The legal description and acreage of the parcels that the department has determined to be in the bed of the watercourse. 3. A statement that record title owners, lessees and parties having an interest of record in the parcels have a right to appeal the department's determination of the parcel boundaries within thirty days after receiving the notice as provided by title 41, chapter 6, article 10. D. The department shall not commence an action to quiet title to land under this article until the commission has issued a final determination regarding the navigability of the watercourse pursuant to section 37-1128 and that determination is subject to no further judicial review pursuant to section 37-1129. E.  Venue for any action to quiet title under this section is proper only in the superior court in the county in which the affected lands are located, but the court may grant or deny requests for change of venue pursuant to title 12, chapter 4, article 1. F.  The department shall join as parties to any action to quiet title under this section each record owner of, and each person or entity that has an interest of record in, any property in the county that may be affected by this state's claim to ownership of the bed of the affected watercourse, but this requirement does not constitute grounds for dismissing the action if the persons or entities not joined are not subject to the jurisdiction of the courts of this state. 37-1132. Refunds to record title owners A. If this state's ownership of a parcel or portion of a parcel of property is confirmed in a quiet title action under this article, the state treasurer shall pay to the record title owner an amount from the state general fund to: 1. Refund all property taxes ever paid on the property. 2. Compensate the person for all improvements to the property. 3. Refund the purchase price paid for the property, plus interest at the legal rate, if the property was purchased from this state by the person or any predecessor in title. B. The department of administration, in coordination with the department of revenue and the state land department, shall certify to the state treasurer the amounts due to the record title owner pursuant to this section. 37-1151. Petition to release public trust status A. In responding to a petition filed by a record title owner or lessee pursuant to section 37-1128, subsection D, paragraph 1 the department shall consider the extent to which the property that has been confirmed to the state's ownership in a quiet title action, either because of its nature or because of changes, is no longer of material use for protecting public trust values. If the department concludes that the property is not of material use for protecting public trust values, the department shall consider the extent to which a release of the trust is appropriate in light of the public benefit to be derived from alternate uses, and the equitable interests or hardships of the record title holder or lessee, including each of the following: 1. The year in which the property was acquired by the record owner or lessee. 2. The entity or person from whom the property was acquired by the record owner or lessee. 3. The manner in which the record owner or lessee acquired the property. 4. The purchase price or lease terms paid by the record owner or lessee. 5. The amount of property taxes paid each year since the record owner or lessee acquired the property. 6. The profit or benefit derived from the property by the record owner. 7. The extent to which the record owner on the date of acquisition knew or should have known that the property was potentially trust land. 8. All improvements made to the property since the record owner or lessee acquired the property. 9. The public trust values identified by the commission pursuant to section 37-1128, subsection B. 10. Whether any improvements on the property impair, obstruct, promote or destroy the value of the watercourse for public trust values. 11. The existing uses of the property, its reasonable highest and best use and whether such uses impair, obstruct, promote or destroy the value of the watercourse for public trust values. 12. Whether the physical condition of the watercourse has materially changed since February 14, 1912 adversely affecting the watercourse's capability of being navigated, including changes due to construction of dams, reservoirs, dikes, levees, canals and ditches that were constructed for water conservation or flood control purposes by public entities, municipal corporations or the United States. 13. Any diminution in value to the record owner's or lessee's contiguous property caused by this state's ownership. 14. The degree of effect of continuation of the current use or any proposed change in use of the property on public trust values. 15. The impact of continuation of the current use or any proposed change in use of the property on the public trust values. 16. The impact of continuation of the current use or any proposed change in use of the property when examined cumulatively in conjunction with existing authorized impediments to full use of the public trust values. 17. The impact of continuation of the current use or any proposed change in use of the property on the public trust values if those values are considered with respect to the primary purpose to which the property is now suited. 18. The degree to which continuation of the current use or any proposed change in use requires that broad public uses be set aside in favor of more limited and private uses. B. At least thirty days before issuing a decision that land may be released from the public trust under this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested written notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment. 37-1152. Auction and sale of released public trust lands A. If the department determines that any portion or reach of a bed of a navigable watercourse may be released from the public trust, the department shall cause an appraisal of the property to be made to determine its fair market value. The property shall not be disposed of for an amount less than that appraised value. B. At the same time, the department shall also cause an appraisal to be made of such reasonable improvements to the property as the record owner or lessee may have made in good faith. The amount of that appraised value of the improvements shall be credited and applied to the bid of the record owner or lessee at any sale or public auction of the land that the department conducts. If the record owner or lessee is not the successful bidder at the sale or auction, the successful bidder shall reimburse the owner or lessee by the amount of the appraised value of the improvements. C. Sections 37-236, 37-237 and 37-238 apply to the sale of such lands at public auction. 37-1153. Permit to use public trust lands A. On application, the department may permit the use of public trust lands by a public entity or private person or entity if the department determines that such use will be consistent with, and in the best interests of, the public trust. The use may continue only as long as the lands are used for the purposes for which the permit is granted. The permit shall contain terms and conditions that are necessary or appropriate to assure protection of the public trust interests associated with the lands. The user shall pay due compensation to the department that shall be used for the purposes prescribed by this chapter. B. At least thirty days before issuing a permit under this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested written notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment. C. The department may lease rights-of-way in public trust lands for nonexclusive uses for a term of not more than ten years without a public auction, if the conditions prescribed by subsection A are met. D. The department shall adopt rules relating to granting the use permits and maintaining the public trust land that is subject to permit under this section. 37-1154. Public improvements in beds of navigable watercourses; definition A. A determination that a watercourse is navigable does not affect the right of a public entity to own, operate, maintain or repair a public improvement reasonably constructed in the bed of the watercourse under the public entity's powers if the improvement was constructed before the determination that the watercourse is navigable and does not materially impair the public trust. The public entity is considered to have obtained this state's consent to construct the public improvement and is not liable to pay compensation to this state for the land on which the public improvement is constructed if the improvement does not materially impair, obstruct or destroy the function of the watercourse for public trust purposes. B. If the commissioner determines that the public improvement described in subsection A of this section does not, or will not if appropriate conditions are followed, materially impair the public trust uses, the department may require the public entity to obtain a permit for the improvement pursuant to section 37-1153 but shall not assess any fee for issuing the permit. C. At least thirty days before issuing a decision under subsection D or E of this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment. D. If the commissioner determines that the public improvement described in subsection A of this section destroys the function of the watercourse for public trust purposes and is not in furtherance of the public trust status of the land, the public entity may petition the department for release of public trust status pursuant to section 37-1151. In evaluating the petition, the department shall consider, in addition to the factors prescribed by section 37-1151, whether constructing the public improvement was undertaken pursuant to the public entity's authority and whether the public improvement continues to serve a public purpose. E. If the commissioner determines that a release is appropriate under subsection D of this section, the public entity may purchase this state's interest in the land without a public auction by paying an amount to be determined by the department pursuant to section 37-1152 directly to this state pursuant to section 9-401, subsection A, section 11-251, paragraph 45 or section 48-3603, subsection C, paragraph 2, as applicable. No cause of action or claim for reimbursement accrues for the benefit of any public entity that exercises its right to purchase this state's interest pursuant to this subsection. F. For purposes of this section, "public improvement" includes any facility established, constructed or maintained by a public entity pursuant to law and those works described in section 37-1101, paragraph 4. 37-1155. Prior use of public trust lands This state shall not claim compensation for any good faith use of public trust lands made before September 10, 1991 by the record owner or the record owner's lessee if all of the following conditions apply: 1. The landowner had record title to the land at the time of the use. 2. At the time of use, the record landowner did not have actual knowledge, nor did any recorded instrument disclose, that the state had a sovereign claim to the land. 3. The record landowner used the land in a reasonable manner. 37-1156. Riparian trust fund; acquisition and management of riparian lands A. The riparian trust fund is established consisting of monies received from the sale or use of sovereign streambed lands and resources under this chapter, damages collected from the United States pursuant to section 37-1131 and any other appropriations, gifts, grants or donations designated by the donor for that purpose. The state shall maintain the fund separate and apart from all other funds. On notice from the commissioner the state treasurer shall invest and divest monies in the riparian trust fund as provided by section 35-313, and monies earned from investment shall be credited to the riparian trust fund. B. The state land commissioner shall use the income, other proceeds and not more than seventy-five per cent of any added principal of the fund in a fiscal year pursuant to this section: 1. To acquire, from willing sellers, land or interests in land located in riparian areas in this state for public purposes consistent with conservation of wildlife and recreation. 2. For such other expenditures as promote the purposes of the public trust. C. The state land commissioner shall consult with and receive advice from the Arizona state parks board and the Arizona game and fish department regarding the acquisition and management of land and interests in land under this section.