Title 45 — Waters
15 chapters · 575 sections in this title.
A.R.S. § 45-2201 Definitions
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In this chapter, unless the context otherwise requires: 1. "Agricultural use" means water used primarily in the commercial production of agricultural crops or livestock, including domestic uses incidental to those uses, and used on tracts of land operated in units of more than fi…
A.R.S. § 45-2202 Formation
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A. An authority may be formed in any county with a population of more than ninety thousand persons and less than one hundred twenty thousand persons according to the most recent United States decennial census or in a county that contains a portion of the Harquahala irrigation non…
A.R.S. § 45-2203 Contest of formation; appeal
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A. Any aggrieved person or entity may contest the formation of the authority under this chapter by filing an action in the superior court in the county in which the authority is formed. Any contest must be filed within thirty days after the second publication of notice of the aut…
A.R.S. § 45-2204 Corporate existence; exemption from regulation
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A. The authority is a corporate and political body that may act in its official corporate name and shall have all of the rights and immunities of municipal corporations that are granted by the constitution and statutes of this state, including immunity of its property from taxati…
A.R.S. § 45-2205 Dissolution of authority
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A. The authority may be dissolved only by a unanimous vote of the directors who are appointed by authority members pursuant to section 45-2221, subsection B and only if all contractual obligations and debts of the authority are satisfied and another governmental entity or entitie…
A.R.S. § 45-2206 Applicability
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[Repealed or reserved.]
A.R.S. § 45-2221 Board of directors; organization; compensation
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A. The authority shall have a board of directors. Each director who is appointed pursuant to this section shall have one vote. B. The board consists of persons who are appointed by the resolutions of the municipal corporations and the county that are authority members and, if app…
A.R.S. § 45-2222 Meetings; notice
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A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairperson or a majority of the board members. The secretary-treasurer shall give at least three days' notice of each meeting to each board member in addition to the public…
A.R.S. § 45-2223 Administrative powers and duties; executive director
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A. The board shall: 1. Determine its organizational and procedural structure. 2. Adopt, amend or repeal bylaws, rules and forms consistent with the requirements of this chapter. 3. Prescribe a system of accounts. 4. Exercise the powers and duties of the authority as prescribed by…
A.R.S. § 45-2241 Cooperation with governmental entities
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A. The authority shall cooperate, coordinate and confer with the director of water resources, state agencies, municipal corporations, special districts, authorities, other political subdivisions of this state, private entities, Indian tribes and the United States on matters withi…
A.R.S. § 45-2242 Functional powers of the board
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A. The board, for and in the name of the authority, may: 1. Lawfully acquire, sell, lease, exchange, occupy, manage, possess or otherwise dispose of real and personal property, easements and rights-of-way that are necessary or required for the uses and purposes of the authority. …
A.R.S. § 45-2243 Limitation on powers
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This chapter does not authorize the authority to: 1. Exercise any right of eminent domain. 2. Levy any ad valorem or excise tax provided that: (a) The fees and rates authorized by section 45-2244, subsection B and section 45-2245, subsection H shall not be considered to be a tax.…
A.R.S. § 45-2244 Acquisition and disposition of initial quantity of water; applicability
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A. The authority, acting through its board, shall apportion the rights to the delivery of the first eighteen thousand five hundred acre-feet per year of Colorado River water that it obtains as follows: 1. The right to the delivery of fifteen thousand acre-feet per year of Colorad…
A.R.S. § 45-2245 Acquisition and disposition of water in excess of initial quantity
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A. The authority may contract with the United States for the delivery of Colorado River water that the United States makes available to the authority. B. The authority may apportion Colorado River water, groundwater from the Harquahala irrigation non-expansion area as otherwise a…
A.R.S. § 45-2261 Construction work and purchases by bid only; exceptions; award of contract
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A. The authority shall undertake the construction of projects or facilities by contract and not by force account. For construction contracts exceeding twenty-five thousand dollars, notice shall be published for at least two days in a newspaper of general circulation in the county…
A.R.S. § 45-2281 Establishment of funds; allocation of authority revenues; member dues; applicability
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A. On the authority's formation, a grant fund, a water acquisition fund and an operating fund are established. The authority's revenues shall be deposited in and disbursed from the funds as provided by this section. Revenues deposited in the grant fund may be used to make grants …
A.R.S. § 45-2282 Operating budget
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A. On or before the third Monday of July of each year, the authority shall adopt a budget for the fiscal year that begins on July 1 of that year. The budget shall include: 1. A complete statement of the sources and amount of all revenues received by the authority during the year …
A.R.S. § 45-2283 Investment of revenues
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The authority may invest revenues of the authority in securities and deposits with a maximum maturity of three years. All revenues shall be invested in eligible investments. Eligible investments include: 1. Certificates of deposit in eligible depositories as provided in title 35,…