Title 45 — Waters
15 chapters · 575 sections in this title.
A.R.S. § 45-1701 Declaration of purpose and policy
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The legislature declares and finds: 1. That the development of an adequate supply of water for agriculture, municipal, industrial and fish and wildlife uses within the state of Arizona is vital for the well being, health and prosperity of the people of the state. 2. That the stat…
A.R.S. § 45-1702 Definitions
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In this article, unless the context otherwise requires: 1. "Authority" means the Arizona power authority created pursuant to title 30, chapter 1. 2. "Bonds" and "notes" means bonds and notes, respectively, of the authority issued pursuant to this article. 3. "District" means any …
A.R.S. § 45-1703 State water and power plan
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A. A water and power plan for the state is established consisting of all or part of the following works and facilities: 1. Central Arizona project, including: (a) Granite Reef aqueduct to extend from Lake Havasu to a point in central Arizona on the Salt River near the city of Pho…
A.R.S. § 45-1704 Construction, acquisition and operation
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A. The director of water resources may plan, construct, operate and maintain the central Arizona project, or any portion of the project, and any other water projects hereafter included in the state water and power plan, acquire all real property required therefor in the name of t…
A.R.S. § 45-1705 Construction of works across public or private property
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The director or authority may construct facilities or works pursuant to this article across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, flume or private property. If the director or authority and the persons, firms, corporations, municipaliti…
A.R.S. § 45-1706 Right of eminent domain
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A. Condemnation proceedings may be brought by the director or authority and all laws of the state relating to the exercise of the right of eminent domain and the taking of private property for public use and obtaining immediate possession thereof shall apply to the proceedings. T…
A.R.S. § 45-1707 Issuance of bonds and notes
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A. The authority: 1. Shall have the power and is authorized from time to time to issue its negotiable bonds and notes in such principal amount as, in the opinion of the authority, shall be necessary to provide sufficient monies for the construction, reconstruction and improvement…
A.R.S. § 45-1708 Contracts
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A. The director may enter into and carry out contracts with water users for the delivery of Colorado river water through the facilities of the central Arizona project and for the sale and delivery of water from other sources included in the central Arizona project or other water …
A.R.S. § 45-1709 General powers
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The director and the authority, respectively, may: 1. Cooperate with the appropriate agencies or officials of the federal government and of the state and political subdivisions of the state to the end that the purposes of this article shall be realized. 2. Apply to the appropriat…
A.R.S. § 45-1710 Powers of municipalities, districts and other public bodies and officers
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Notwithstanding any provision of law but subject to the exceptions prescribed by this section, all municipalities, districts and other public bodies are authorized and empowered to enter into contracts with the director or the authority as provided in section 45-1708 for the sale…
A.R.S. § 45-1711 State water and power development fund
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The state water and power development fund is established. The resolution or trust indenture of the authority securing the bonds or notes shall fix the amount and the provisions of the application of a bond reserve to be held by the state treasurer in such development fund. The s…
A.R.S. § 45-1712 Agreement of state
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The state of Arizona does pledge to and agree with the holders of the bonds and notes that the state will not limit or alter the rights hereby vested in the director and the authority to maintain, reconstruct and operate the projects included in the state water and power plan, an…
A.R.S. § 45-1713 Exemption from taxation
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The director and the authority shall be regarded as performing a governmental function in undertaking and carrying out the state water and power plan and shall be required to pay no taxes or assessments on any of the property thereof or upon their activities in the operation and …
A.R.S. § 45-1714 Remedies of bondholders and noteholders
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A. In the event the authority defaults in the payment of principal of or interest on any issue of bonds or notes after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event the auth…
A.R.S. § 45-1715 Certification of bonds by attorney general
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The authority may submit to the attorney general of the state of Arizona any bonds to be issued under this article after all proceedings for the authorization of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of t…
A.R.S. § 45-1716 State not liable on bonds and notes
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Neither the state nor any political subdivision thereof shall be liable on the bonds or notes of the authority and such bonds and notes shall not constitute a debt or liability of the state or of any such political subdivision.
A.R.S. § 45-1717 Bonds and notes legal investments
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The bonds and notes are hereby made securities in which all public officers and bodies of the state and all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies…
A.R.S. § 45-1718 Water rights
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Nothing contained in this article shall be construed as affecting or be intended to affect or to in any way interfere with the laws of the state or the United States relating to the control, appropriation, use or distribution of water used in Arizona, or to any contract or vested…
A.R.S. § 45-1719 Reversion of projects to state
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When all bonds and notes issued under the provisions of this article to finance the state water and power plan and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and notes and the interest thereon to the maturity thereof shall h…
A.R.S. § 45-1720 No jurisdiction of Arizona corporation commission
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The rates, services and practices relating to the generation, transmission, distribution and sale of power or to the distribution and sale of water pursuant to this chapter shall not be subject to regulation by or the jurisdiction of the Arizona corporation commission or any succ…
A.R.S. § 45-1721 Joint ownership of power projects
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Notwithstanding anything to the contrary in this chapter or in title 30, chapter 1, the Arizona power authority may participate in the Montezuma pumped storage power project, the Hoover power plant modifications project or Hoover power plant uprating project as a joint owner with…
A.R.S. § 45-1722 Exclusive law
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The powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law, general or special. This article shall, without reference to title 30, chapter 1 or chapter 1 or 2 of this title, or to any other law, general or special, be de…