Title 48 — Special Taxing Districts
37 chapters · 1,636 sections in this title.
A.R.S. § 48-1701 Powers and duties of district
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A. Districts created under this chapter shall be bodies corporate for the purposes specified in this chapter and such as reasonably may be implied. B. A district shall have perpetual succession and may: 1. Exercise the power of eminent domain under the constitution and general la…
A.R.S. § 48-1702 Petition for organization
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A. Petition for the formation of an electrical district for the purpose of providing power for use primarily for pumping water for irrigation shall be filed with the board of supervisors of the county in which the proposed district is located, or if parts of the proposed district…
A.R.S. § 48-1703 Security for costs upon filing petition
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The petitioners shall give such security or make such deposit as the board of supervisors requires conditioned upon payment of all costs if for any reason the district fails to complete its organization.
A.R.S. § 48-1704 Notice of hearing on petition; publication; continuance of hearing
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A. The board of supervisors with which the petition is filed, at the next regular or special meeting thereafter or at a special meeting called sooner for that purpose, shall fix a date for hearing the petition which shall be recorded in the minutes of the board. The place of hear…
A.R.S. § 48-1705 Determination whether district constitutes public use; call for organizational election
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A. At the hearing on the petition called by the board of supervisors, it shall first proceed to determine whether the operations as proposed will constitute a public use. The board shall for such purpose determine: 1. Whether the lands in the proposed district are arid lands. 2. …
A.R.S. § 48-1706 Application for inclusion of additional lands prior to organization of district; condition precedent to application
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A. All persons who have not been included in the proposed district may appear before the board of supervisors as parties interested in and affected by the organization of the district and may request that their lands be included. If the land thus sought to be included in the dist…
A.R.S. § 48-1707 Objections to inclusion in proposed district
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A. If the board decides to call an election, it shall proceed to hear all objections which have been made by owners or others interested therein to the inclusion of lands in the proposed district. B. Owners of lands proposed to be included in the district or any person interested…
A.R.S. § 48-1708 Order of board defining boundaries of district; name of district; appointment of election commissioners
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A. When notice of the election has been given and the hearing held and concluded, the board of supervisors shall make its decision and findings and enter them in the minutes of the meeting. B. The board shall define the boundaries of the district as established in their findings,…
A.R.S. § 48-1709 Appeal from order of board
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A. Any person aggrieved by the decision of the board of supervisors may appeal from the decision or any part thereof to the superior court in the county in which the hearing was held. All persons interested in or in any way affected by the decision of the board of supervisors whe…
A.R.S. § 48-1710 Service of notice of appeal; record on appeal
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A. If an appeal is taken as provided by section 48-1709 by petitioners or interested freeholders from a refusal of the board of supervisors to call an organization election, the notice shall be signed by three petitioners or interested freeholders and served on the chairman of th…
A.R.S. § 48-1711 Trial of appeal; bond; effect upon organization proceedings
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A. The appeal shall be heard de novo by the superior court. An appeal may be taken to the supreme court from the judgment of the superior court as provided by law and rules of the supreme court. B. The appeal shall be tried within thirty days after the decision of the board of su…
A.R.S. § 48-1712 Nomination of candidates to board of directors; notice of election
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A. The board of election commissioners shall nominate nine persons, all of whom shall be resident freeholders of the district and qualified voters, as candidates for election as members of the board of directors of the district, if the district is approved at the organization ele…
A.R.S. § 48-1713 Qualifications of electors; acreage voting; definition
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A. Persons qualified to vote at an election held under this chapter, except as otherwise specially provided, shall be either: 1. The property taxpayers of the district who own real property in the district that is or may be beneficially served by the district and who possess the …
A.R.S. § 48-1714 Form of ballots
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A. The official ballot to be used at the organization election shall, as far as practicable, correspond to the official ballots as provided by the general election laws but shall in addition contain the matters set forth in subsection B of this section. B. The question of organiz…
A.R.S. § 48-1715 Returns; canvass by election commissioners
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A. The board of election commissioners shall appoint members of the election board and shall provide the board with official ballots and supplies, but the election shall be conducted substantially in compliance with the general election laws, and no departure from the proceedings…
A.R.S. § 48-1716 Examination of returns by board of supervisors; resolution of organization; recording
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At its first regular meeting or at a special meeting thereafter, the board of supervisors shall examine the returns of the board of election commissioners, and if the board of supervisors finds that a majority of the votes cast at the election was in favor of organizing the distr…
A.R.S. § 48-1717 Terms of initially elected directors
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The board of directors of the district shall consist of seven members who shall be elected at the organizational election. The board of election commissioners shall by lot determine the terms each initially elected director shall serve in such manner that their terms are distribu…
A.R.S. § 48-1718 Recording map of district
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Within six months after organization of the district, the board of directors shall prepare a map of the district and record it in the office of the county recorder of the county or counties in which the district is located.
A.R.S. § 48-1719 Consolidation of districts; election; adjustment of finances
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A. When two or more districts desire to consolidate, the boards of directors of the districts shall call elections, or at a general election, submit the question of consolidation to their respective districts. If the vote is favorable to consolidation in each district proposed to…
A.R.S. § 48-1720 Division of district; assignment of directors
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A. At any time the board of directors may divide a district into divisions not more in number than the number of members of the board, and thereafter members of the board shall be elected from the different divisions according to the jurisdiction of the retiring members. B. When …
A.R.S. § 48-1721 Inclusion of additional lands after organization
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A. When a petition is presented to the board of directors of a district for the inclusion within such district of lands located outside the district, the proceedings and hearing shall be in all respects the same as in the organization of districts, except that the hearing shall b…
A.R.S. § 48-1722 Exclusion of lands or subdivision from district by petition; payment of expenses of publication of notice and of hearing
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A. The owners of lands may file with the board of directors of a district a petition for the purpose of excluding from the district their lands which cannot be beneficially served by the district. B. The petition shall describe the lands affected, shall state the action desired t…
A.R.S. § 48-1723 Notice of hearing on petition for exclusion of lands; hearing
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A. Upon the filing of the petition and payment of estimated expenses as provided by section 48-1722, the secretary of the board shall cause notice to be given and published once each week for three successive weeks in a newspaper published in the county in which the office of the…
A.R.S. § 48-1724 Entry and filing of order excluding lands or subdivision upon petition
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A. Upon the hearings, if the board of directors deems that the lands sought to be excluded cannot be beneficially served by the district, or finds that the lands within a subdivision sought to be excluded have not been beneficially served by the district within five years immedia…
A.R.S. § 48-1725 Guardians, conservators, personal representatives or administrators as petitioners
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A guardian, conservator, personal representative or administrator of an estate who has qualified under the laws of this state and as such is entitled to possession of the lands belonging to the estate which he represents, and a person designated in writing by the board of directo…
A.R.S. § 48-1726 Appeal from final action of board on exclusion of lands; entry of final order of board
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A. Any person aggrieved by the final action of the board on a resolution of exclusion may file a written motion for reconsideration within ten days after adoption of the final resolution. Such person may appeal to the superior court of the county in which the lands are located wi…
A.R.S. § 48-1727 Effect of exclusion of lands on district property and organization; powers of board
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A. Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board deems advisable. B. No exclusion of lands shall impair or affect the district organization or its property or rights therein, or any…
A.R.S. § 48-1728 Limitation on subsequent formation of new district
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A. The board of supervisors of a county in which any portion of a proposed district is located shall not permit the organization of said district if it includes any portion of the lands of another district organized under this chapter, or of a territory served by a public service…
A.R.S. § 48-1741 Terms of directors; vacancies
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Directors elected to succeed the directors initially elected at the organizational election shall be elected for a term of three years. Directors shall hold office until their successors are elected and qualified. The board of directors may fill vacancies on the board, but appoin…
A.R.S. § 48-1742 Annual election of directors; notice; qualifications of directors; voting place; expenses
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A. The annual election of directors shall be held on the second Saturday in January of each year. B. Ten days' notice of the election shall be given by posting notices in the manner provided by section 48-1704, and not less than three notices shall be posted in different public p…
A.R.S. § 48-1743 Increase or reduction in number of members on board; election
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A. The board of directors may on its own initiative, or shall, if so requested by a petition signed by a number of qualified electors of the district equal to one third of the number of votes cast at the last preceding annual election, submit to the electors at any annual electio…
A.R.S. § 48-1744 Organization of board; officers; district office
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A. The board of directors of the district shall organize each year by electing from among its membership a chairman, a vice-chairman and a treasurer. The board shall elect a secretary who may or may not be a member of the board, but his duties shall be clerical only if not a memb…
A.R.S. § 48-1745 Bonds and oath of directors
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A. Each member of the board of directors shall execute to the district a bond conditioned upon the faithful performance of his duties, and that he account and deliver to the proper officers any money which comes into his possession. B. The bond shall be in the amount of one thous…
A.R.S. § 48-1746 Compensation of directors
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The compensation of members of the board of directors shall be determined by the board, but shall not exceed thirty dollars for each day or part of day devoted to the business of the district, and such mileage and expenses as the board, by resolution, authorizes.
A.R.S. § 48-1747 Administrative powers of board
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A. The board of directors shall manage and control the entire business of the district as expressed or implied by this chapter in the same manner and with the same powers as conferred by laws pertaining to similar districts. B. The board may employ necessary engineers, attorneys,…
A.R.S. § 48-1748 Acquisition of tangible and intangible property; users in district dealing directly with suppliers
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A. The board of directors may acquire for the benefit of the district personal and real property, rights of way, within or without the district, franchises, patents, licenses, easements, privileges, exemptions, donations, contracts, leases of power or property, contracts or other…
A.R.S. § 48-1749 Right to use public ways; nature of use
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A. Any district organized under this chapter shall have the use of and the right is expressly granted to it to use public highways, roads, streets and alleys, within or without the district, required to bring power into the district, and such use shall include building transmissi…
A.R.S. § 48-1750 Providing power for domestic use
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Nothing in this chapter shall be construed as prohibiting a district organized under this chapter from furnishing power for farm or domestic purposes within the district. The rendering of such services shall not impair the use thereof for irrigation purposes.
A.R.S. § 48-1751 Restrictions on extension of power outside district; contracts with public bodies
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A. Power for pumping for irrigation service shall not be extended outside the district unless there is a surplus of power over and above the needs for irrigation in the district, but districts may make reasonable contracts with the state, cities and towns, municipal and other cor…
A.R.S. § 48-1752 Federal reclamation act adopted; adoption by districts optional
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A. Districts organized under this chapter shall have all the rights and privileges granted to them by the act of Congress entitled "An act to promote the reclamation of arid lands, approved August 11, 1916," and amendments thereto, the provisions of which are made a part of this …
A.R.S. § 48-1753 Exemption from antitrust statutes
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The provisions of title 44, chapter 10, article 1, shall not apply to any conduct or activity of an electrical district organized pursuant to this chapter, which conduct or activity is approved by a statute of this state or of the United States or by the corporation commission or…
A.R.S. § 48-1754 Supervisory powers of the director of water resources over district projects
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A. All engineering determinations and supervision provided for and directed by any law relating to electrical districts shall be made under the direction of the director of water resources, and when so made shall be binding upon the state land department and the state certificati…
A.R.S. § 48-1771 Expenses of organizing district; issuance of time warrants
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A. All preliminary expenses incurred in the organization of the district, including necessary engineering and legal services, and all necessary and reasonable services rendered before the district is authorized to contract for such services, materials or valuable things, are lawf…
A.R.S. § 48-1772 Administration and general expenses defined; separate assessment and levy of taxes for each division of expense
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A. For purposes of this article, "administration expenses" includes: 1. The per diem allowance and expenses of the board of directors. 2. The salary and expenses of the secretary and assistant secretary of the district, if any. 3. The salary and expenses of the treasurer of the d…
A.R.S. § 48-1773 Annual estimate of expenses of district; certificate of expense
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A. On or before June 1 each year, the board of directors shall determine the amount of money necessary to conduct the business of the district on a cash basis until funds are available from the next tax levy. The board shall embody their findings in a certificate which may set ou…
A.R.S. § 48-1774 Service charges; amount; limitation
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A. Beginning with the third year after issuance of any bonds, the board of directors shall begin to levy a service charge over and above the cost of the power, if purchased or leased by the district or by the users directly, or the actual cost price if generated by the district, …
A.R.S. § 48-1775 Taxes levied under federal law; apportionment; effect on inchoate titles
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A. When and if the act of Congress of August 11, 1916 becomes operative in a district, the board of directors in making the certificate to the boards of supervisors as provided by section 48-1773 shall certify the amount of taxes levied or assessed under the federal act and appor…
A.R.S. § 48-1776 Collection of taxes; delinquent taxes
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A. A district shall have the same right as an individual to become a purchaser at any tax sale, foreclosure or other sale of lands for nonpayment of assessments or taxes due the district, and may as such purchaser pay a price which includes other taxes involved in the same sale w…
A.R.S. § 48-1777 Limitation on district indebtedness
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Nothing in this chapter shall be construed as making districts organized under this chapter municipal corporations within the meaning of article 13 of the constitution, but they shall in all respects be subject to the debt limitations of municipal corporations.
A.R.S. § 48-1778 Authority of directors to invest monies; approved investments
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The board of directors, in the best interests of the district, may invest and reinvest monies of the district in any of the following: 1. Bonds or other evidences of indebtedness of the United States or any of its agencies or instrumentalities if the obligations are guaranteed as…