Title 48 — Special Taxing Districts

In this chapter, unless the context otherwise requires: 1. "Active management area" means an active management area established under title 45, chapter 2, article 2. 2. "Board" means the board of directors of a multi-county water conservation district. 3. "Contract replenishment …

A multi-county water conservation district is a tax-levying public improvement district of the state and a municipal corporation to the extent of the powers and privileges conferred by this chapter or granted generally to municipal corporations by the constitution and statutes of…

If three or more counties petition for the formation of a district, a district may be formed for the following purposes: 1. To levy an ad valorem tax of not to exceed ten cents per one hundred dollars of assessed valuation against all taxable property within the boundaries of suc…

A. Petitions for the formation of a district may be signed by either the chairman of the board of supervisors of a county, pursuant to a resolution adopted by the board of supervisors, or by a number of qualified electors of the county equal to at least one per cent of the votes …

A. Upon receipt of petitions from three or more counties, the director shall set a date for hearing on the petitions not less than thirty days nor more than sixty days after the date of filing of such petitions. The director shall cause a signed notice giving the time and place o…

A. Upon the hearing, if it appears that the petitions conform to the provisions of this chapter and that the public convenience and welfare will be served by the establishment of the district, the director shall make a final written order to declare his findings, designate the co…

A. Water users outside the district may contract for a water supply from the central Arizona project directly with the secretary or with the district on the basis of paying costs allocated by the secretary. B. A county not originally included in the district may petition for incl…

A. A district shall be administered by a board of directors to be determined as follows: 1. The qualified electors from each county in the district that has a population of less than six hundred thousand persons shall elect one director. 2. The qualified electors from each county…

A. Candidates for election to the board of directors of a district shall be nominated by a petition that is signed by not less than two hundred qualified electors of the county in which the candidate resides and that is filed as prescribed by title 16, chapter 3. B. The names of …

A. Not later than thirty days after appointment of the initial board, and after each election for directors, the board shall meet and select a president, vice-president and a secretary from its membership. Each director shall qualify by taking and subscribing an official oath of …

The board shall hold its regular annual meeting at such time and place as may be fixed by the board and shall hold special meetings as necessary for the transaction of business. Special meetings shall be called by the president of the board or upon request of any two members. No …

A. The board shall: 1. Manage and conduct the affairs and business of the district. 2. Make and execute all necessary contracts and other instruments which shall be signed by the president or, in the president's absence, by another member of the board designated for that purpose,…

A. The district, acting through its board, shall: 1. Enter into a contract or contracts with the secretary to accomplish the purposes of this chapter. 2. Provide for the repayment of construction costs, interest and annual operation, maintenance and replacement costs allocated to…

A. Except for water storage undertaken for replenishment purposes pursuant to article 4 of this chapter and water storage undertaken in cooperation with the Arizona water banking authority pursuant to title 45, chapter 14, water storage undertaken by the district pursuant to sect…

A. The district may enter into a contract with the state, the Arizona water banking authority, a county, a municipality or another person to develop, acquire, construct, operate or maintain water storage, storage facilities and recovery wells pursuant to title 45, chapter 3.1 on …

A. The board may enter into agreements with this state, an agency or political subdivision of this state, the federal government, an agency of the federal government and any other person for participation in the lower Colorado river multispecies conservation program under this se…

Notwithstanding any provision of law to the contrary, the governing body of an incorporated city or town, the board of supervisors of any county or the governing body of any other political subdivision of the state is authorized to enter into and perform long-term contracts for a…

A. On or before the second Monday in August of each year, the clerk of the county board of supervisors of each county within the district shall certify to the district board the total assessed valuation of all taxable property in the county. On or before the third Monday in Augus…

In order to carry out the purposes and provisions of section 7 of Public Law 98-530, the district may establish, administer, and make a contribution in the amount of one million dollars to a separate fund, which shall consist of any monies received from the United States under se…

(Rpld. 1/2/35) A. Until January 1, 1997, the following applies: 1. On or before August 19, 1991, August 17, 1992, August 16, 1993, August 15, 1994 and August 21, 1995 the district board shall fix the amount to be raised by direct taxation in the respective tax year for the purpos…

A. The district's board of directors shall annually determine by resolution whether all or any part of the tax levied pursuant to section 48-3715.02, subsections B and C shall be applied to the repayment of the construction costs of the central Arizona project including interest …

A. On or before the second Monday in July of each year, the department shall transfer from amounts credited to the district the amounts that have been collected by the district pursuant to section 48-3715, subsection B, during the fiscal year immediately preceding the year in whi…

A. When all indebtedness and legal obligations of every nature whatever have been fully satisfied and paid, a district organized under this chapter may, after approval of such dissolution by the attorney general and the secretary, be dissolved by resolution of its board. A certif…

A. Nothing contained in this chapter shall be construed to restrict the authority of the secretary to enter into contracts with water users in this state, including exchange contracts authorized by Public Law 90-537. B. Nothing contained in this chapter shall be construed as auth…

Services provided by a county to a multi-county water conservation district are subject to reimbursement pursuant to section 11-251.06.

A. After the execution of any contract between a multi-county water district organized under article 1 of this chapter and the United States or the execution of any contract between any such multi-county conservation district or the United States and any water user in Arizona for…

A. Upon filing of the petition in the superior court, the court shall fix a time for the hearing on the petition, which shall be not less than sixty days from the date of filing the petition, and shall order the clerk of the court to issue summons directed to all persons whose ri…

A. At the hearing on the petition, the superior court shall examine the contract and the proceedings of the petitioner or other body in connection with the execution of such contract and shall hear all testimony that may be offered by the petitioner or any other party with refere…

A. The petitioner or any other party who appeared in the superior court may seek a review of the judgment entered by the court within thirty days from the date of such judgment by filing a petition for a special action writ in the supreme court. The special action writ shall be g…

A. An ordinance adopted pursuant to section 48-3712 shall set forth a plan for the district to borrow money and issue its negotiable revenue bonds. The ordinance may determine the maximum amount of bonds, the maximum rate of interest and the time of payment of the bonds. B. The p…

A. A bond may be issued in one or more series, bear a date or dates, mature at a time or times, be in a denomination or denominations, be in a form, carry a registration, exchangeability and interchangeability privileges, be executed in a manner, be payable in a medium of payment…

The board may provide that any series of bonds may be secured by a trust agreement by and between the district and one or more corporate trustees or fiscal agents, which may be any trust company or bank having the powers of a trust company in this state. A resolution is effective…

A. Any ordinance, resolution, contract, indenture or trust agreement pertaining to the bonds may contain covenants and contractual arrangements as to the following: 1. The purpose to which the proceeds of the sale of the bonds may be applied and the use and disposition. 2. The se…

A bond shall be sold at a public or private sale as determined by the board.

Refunding bonds may be issued to refund any outstanding bonds. These bonds shall be designated as refunding bonds and shall be secured by all or part of the revenues of the district or all or any part of revenues pledged to the bonds that have been refunded.

The district may purchase any of its bonds authorized to be issued in this article out of any monies available for that purpose.

A. A bond that is issued and that bears the signature of officers in office on the date the bond is signed is a valid and binding obligation, notwithstanding that, before delivery of the bond, any or all of the persons whose signatures appear on the bond have ceased to be officer…

Notwithstanding any law to the contrary, all bonds and refunding bonds constitute legal investments for savings banks, banks, savings and loan associations, trust companies, executors, administrators, trustees, guardians and other fiduciaries and for any board, body, agency or in…

The district may make any covenant, order any rebate, file any tax return, report any information and order the limitation on the yield of any investment made with the proceeds from the sale of its bonds or with taxes, revenues or other income pledged, held in trust or otherwise …

The district may apply the proceeds from the sale of any of its bonds to further any of its lawful purposes including to pay all costs and estimated costs of the issuance of the bonds, of feasibility studies, of all engineering, inspection, fiscal and legal expenses and of the co…

A. The district shall not issue any bonds under this article that will cause the aggregate principal amount of bonds issued and outstanding under this article to exceed five hundred million dollars. B. Bonds issued before September 21, 1991 are excluded for the purposes of determ…

A. For each active management area in which member lands or member service areas are or may be located, the district shall replenish groundwater in an amount equal to the groundwater replenishment obligation for that active management area. Except as provided in section 48-3781, …

A. The district shall: 1. Establish annually the costs and expenses to replenish groundwater pursuant to this article with respect to all parcels of member lands and all member service areas located in each active management area, including capital expenses, debt service expenses…

A. In carrying out the groundwater replenishment obligations prescribed in section 48-3772, subsection A, the district shall: 1. Adopt bylaws, rules, ordinances and policies for the governing of the district and the performance of the groundwater replenishment obligations. 2. Per…

A. Real property qualifies as member land only if all of the following apply: 1. The real property is located in an active management area in which a part of the central Arizona project aqueduct is located. 2. The real property is not in a member service area or in a groundwater …

A. Except as provided in subsection B of this section, all real property that qualifies under section 48-3774 shall be category 1 member land. The district shall levy annual replenishment reserve charges and one-time replenishment reserve fees for category 1 member lands as provi…

A. Except as provided in subsection H of this section, on or before March 31 of each year after the recordation of the instrument described in section 48-3774, subsection C, each municipal provider delivering water to member land shall file with the district and with the director…

In order to efficiently manage sources of water for replenishment, the district may store and recover water outside of active management areas. Subject to section 48-3772, the costs of operating storage and recovery facilities outside the active management areas shall be included…

The district shall determine the form of any reports to be submitted by a municipal provider in order to carry out the purposes of this chapter. Each report required by the district shall contain either a sworn statement or a certification, under penalty of perjury, that the info…

A. On or before the third Monday of August of each year after the qualification of any real property as member land, the district shall charge an annual replenishment assessment against each parcel of member land that is subject to a parcel replenishment obligation. This charge b…