Title 45 — Waters
15 chapters · 575 sections in this title.
A.R.S. § 45-1401 Authority to cooperate with federal government in flood control projects under flood control act of Congress of 1948
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In addition to the general powers vested in counties, cities and towns and the governing bodies thereof, counties, cities and towns are empowered to cooperate with the United States or any authorized instrumentality, department or agency thereof in the construction of flood contr…
A.R.S. § 45-1402 Specific powers
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Pursuant to the powers granted under the provisions of section 45-1401, counties, cities and towns may: 1. Acquire and provide, without cost to the United States, land, easements and rights-of-way necessary for the construction of flood control projects. 2. Agree to hold the Unit…
A.R.S. § 45-1403 Power to cooperate in flood control projects under general acts of Congress
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A. In addition to the general powers vested in counties, the board of supervisors of any one or more counties are empowered separately or severally to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the…
A.R.S. § 45-1421 Power of town of Holbrook to cooperate with federal government in flood control project
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A. In addition to the general powers vested in towns, the town of Holbrook is empowered to furnish to the secretary of defense such assurance of local cooperation as may be required, in conformity with the provisions of section 3 of the act of Congress approved December 22, 1944 …
A.R.S. § 45-1422 Power of Mohave and Yuma counties to cooperate with federal government in flood control project
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A. In addition to the general powers vested in counties and the governing bodies thereof, the counties of Mohave and Yuma are empowered to furnish to the secretary of defense such assurance of local cooperation as may be required, in conformity with the provisions of section 3 of…
A.R.S. § 45-1423 Power of Maricopa and Yuma counties to cooperate with federal government in flood control projects
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A. In addition to the general powers vested in counties, the counties of Maricopa and Yuma and the governing bodies thereof are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United St…
A.R.S. § 45-1424 Power of Maricopa and Pinal counties to cooperate with federal government in flood control projects
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A. In addition to the general powers vested in counties, the counties of Maricopa and Pinal and the governing bodies thereof are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United S…
A.R.S. § 45-1425 Power of Pinal county to cooperate with and receive assistance from the United States in flood control projects
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A. The board of supervisors of Pinal county is empowered to cooperate with and receive assistance from the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized pursuant to any act of Congress, …
A.R.S. § 45-1426 Limitations on powers
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Notwithstanding section 45-1425, the board of supervisors of Pinal county shall not exercise any power or authority granted by section 45-1425, nor shall it undertake or cooperate in either the planning, authorization, construction, acquisition, extension, improvement, maintenanc…
A.R.S. § 45-1427 Power of Cochise, Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas to cooperate with the United States in flood control projects
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A. The boards of supervisors of Cochise, Graham and Gila counties and the governing bodies of the towns of Safford and Thatcher and the city of Douglas are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, as …
A.R.S. § 45-1428 Limitations on powers
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Notwithstanding section 45-1427, neither the boards of supervisors of Cochise, Graham or Gila counties nor the governing bodies of the towns of Safford or Thatcher or the city of Douglas shall exercise any power or authority granted by section 45-1427, nor shall they undertake or…
A.R.S. § 45-1429 Power of Santa Cruz county to cooperate with and receive assistance from the United States in flood control projects
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A. The board of supervisors of Santa Cruz county is empowered to cooperate with and receive assistance from the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized pursuant to any act of Congr…
A.R.S. § 45-1441 Definitions
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In this chapter, unless the context otherwise requires: 1. "Design flood" means a selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized the design flood will be…
A.R.S. § 45-1442 Investigation and certification by director of water resources
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Any public agency may request the director of water resources to investigate any flood control project in this state and report to the legislature the results of its investigation, and the director shall certify to the legislature the date state funds should be appropriated to pa…
A.R.S. § 45-1443 Limitation on expenditure of funds
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A. The director shall not disburse any funds for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) until the legislature has appropriated funds to contribute toward the local cost of land, easements and rights-of-way for that project. The director s…
A.R.S. § 45-1444 Floodplain regulations; effect of failure to adopt
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The director shall not disburse any monies pursuant to this chapter to pay any costs of lands, easements and rights-of-way for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) for which the appropriate public agency fails to establish, within a rea…
A.R.S. § 45-1445 Flood control assistance fund; limit of financial assistance
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A. A flood control assistance fund is established. All or part of an appropriation to the fund may be allocated for a specific flood control project defined by section 45-1441, paragraph 3, subdivision (a). All payments for flood control assistance under this article shall be mad…
A.R.S. § 45-1446 Time for determining costs; change of determination
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A. The state's portion of the costs of lands, easements and rights-of-way shall be determined by the director at or prior to the time the director submits his report to the legislature recommending an appropriation for such project. B. The state's portion of such costs shall not …
A.R.S. § 45-1447 State and United States held harmless; nonliability
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The director shall not disburse any monies appropriated pursuant to this chapter or any special appropriations for flood control unless and until a public agency has in writing assumed the obligations of maintenance and provided this state and, if applicable, the federal governme…
A.R.S. § 45-1448 Disbursement to public agencies
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A. Money appropriated to the director for flood control projects shall be disbursed to public agencies upon order of the director after application by such agencies showing the necessity, purpose and use to be made of such monies. B. The director shall disburse monies appropriate…
A.R.S. § 45-1449 Report to legislature
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The director shall report to the legislature, within fifteen days after the commencement of each regular session, on the disbursal or refusal to disburse money appropriated to him by the legislature for purposes of this chapter and on the disbursal or refusal to disburse monies i…
A.R.S. § 45-1450 Consideration of water uses in studying flood control projects
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In studying flood control projects, the director shall give full consideration to all beneficial uses of the state's water and other natural resources, including, but not limited to, irrigation, generation of electric energy, municipal and industrial consumption of water and powe…
A.R.S. § 45-1451 Powers and duties of director
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A. The director, or his duly authorized representative, may call, conduct, attend or otherwise participate in conferences or hearings, official or unofficial, within or without this state, with interested persons, agencies or officers of this or any other state or the federal gov…
A.R.S. § 45-1471 Alternative flood control assistance to flood control districts
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A. Any flood control district organized pursuant to title 48, chapter 21 may, subject to available appropriations, qualify for assistance from this state for any flood control project defined by section 45-1441, paragraph 3, subdivision (b) if such project is being developed purs…
A.R.S. § 45-1473 Prohibition on assistance for failure to adopt floodplain regulations
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The director shall not expend or disburse any monies pursuant to this article for the following functions located or to be located in an area for which the appropriate public agency has failed to adopt and enforce for its area of jurisdiction floodplain regulations required by ti…
A.R.S. § 45-1491 Flood control loans
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A. The director of water resources may grant loans to defray the cost to a county flood control district, organized pursuant to title 48, chapter 21, for flood control projects eligible for alternative flood control assistance under article 4 of this chapter. Loans may be granted…
A.R.S. § 45-1501 Definitions
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In this article, unless the context otherwise requires: 1. "Flood warning system" means a project or series of projects to detect floods and develop flood preparedness plans and may include the system known as the automatic local evaluation in real time system. 2. "Local entity" …
A.R.S. § 45-1502 Powers
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The director may: 1. Cooperate and coordinate with the federal government or any of its departments or agencies and local entities to establish a flood warning system for this state. 2. Disburse monies from the flood warning system fund pursuant to section 45-1504. 3. Provide tec…
A.R.S. § 45-1503 Flood warning system fund
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A. A flood warning system fund is established for developing a flood warning system, purchasing flood warning system equipment and providing assistance to local entities on a cost sharing basis for the planning, design, installation, operation and maintenance of flood warning sys…
A.R.S. § 45-1504 Flood warning system grants
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A. The director may grant monies from the flood warning system fund established by section 45-1503 either by advancing monies or by making reimbursements to local entities eligible for flood warning system assistance under this article to defray the cost to the local entity of th…
A.R.S. § 45-1505 Operation and maintenance of flood warning system
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A. The local entity with an intergovernmental agreement with the director regarding a component of a flood warning system is responsible for the operation and maintenance of that component. B. The director may provide training, technical assistance and ongoing oversight to the lo…
A.R.S. § 45-1506 Immunity of state from liability for losses
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This state, its departments, agencies, officials, employees and agents and any local entities as defined in section 45-1501 are immune from liability for losses arising from damage, theft, change of location or the partial or total failure of any plan, design, installation, opera…