Title 48 — Special Taxing Districts
37 chapters · 1,636 sections in this title.
A.R.S. § 48-2949 Exclusion of unproductive lands from district by resolution; notice
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A. When the board of directors of an irrigation district finds that lands within the district are alkaline, slick, unsusceptible of economic leveling, water-logged, caliche, hard pan or otherwise unproductive or incapable of carrying their proportionate district liabilities and o…
A.R.S. § 48-2950 Hearing on resolution for exclusion of lands; action of board
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A. The resolution of exclusion shall fix a time for hearing the resolution at the district office. The board of directors at the time and place designated in the resolution or at such time or times to which the hearing is adjourned, shall consider the resolution and hear any pert…
A.R.S. § 48-2951 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. § 48-2952 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. § 48-2953 Concurrent exclusion and inclusion of land
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A. When a petition is filed for the exclusion of lands from a district and the board of directors is satisfied that the lands to be excluded are sterile, alkaline or for any reason unfit for profitable cultivation and not worth in productiveness the amount of the annual tax norma…
A.R.S. § 48-2954 Dissolution of district; disposition of assets
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A. When a majority of the bona fide owners of land in an irrigation district organized under this chapter petition the board of supervisors to call a special election for the purpose of submitting to the electors of the irrigation district a proposal to vote on dissolution of the…
A.R.S. § 48-2971 Officers; office of district
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The officers of an irrigation district shall consist of a board of directors and a secretary appointed by the board. The treasurer of the county in which the office of the district is located shall be ex officio treasurer of the district. The officers shall hold office until thei…
A.R.S. § 48-2972 Organization of board
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The directors elected shall qualify and organize as a board, select a president from the members, and appoint a secretary.
A.R.S. § 48-2973 Form of official oath and bond of directors
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Official oaths and bonds required by this chapter shall be in the form prescribed by law for official oaths and bonds of county officials, except that the obligee named in the bond shall be the district.
A.R.S. § 48-2974 Compensation of directors; petition to submit schedule of salaries and fees
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A. The compensation of members of the board of directors shall be determined by the board, but shall not exceed fifty dollars for each day or part of the day devoted to the business of the district, and such mileage, expenses and insurance related benefits as the board by resolut…
A.R.S. § 48-2975 Meetings of board of directors; records
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A. The board of directors shall hold a regular monthly meeting in the district office on the first Tuesday in each month and such special meetings necessary for the transaction of business. Special meetings shall be called by the president of the board, or any two directors. Meet…
A.R.S. § 48-2976 Publication of minutes; effective date of by-laws, rules, regulations and resolutions
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A. The minutes of proceedings of the board of directors or an abstract thereof may be published when the board by resolution entered upon its minutes so direct. B. All by-laws, rules, regulations or resolutions of a general nature governing drainage ditches, laterals, canals and …
A.R.S. § 48-2977 Administrative powers of board of directors
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The board shall: 1. Adopt a seal. 2. Manage and conduct the affairs and business of the district. 3. Make and execute all necessary contracts, deeds and conveyances. 4. Employ such agents, attorneys and employees as required, and prescribe their duties and compensation. 5. Establ…
A.R.S. § 48-2978 General powers of board of directors
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In order to accomplish the purposes of the district the board may: 1. Purchase or acquire water rights. 2. Acquire or lease real estate and personal property when necessary. 3. Acquire and hold stock in irrigation ditch and reservoir companies. 4. Lease, sell and otherwise dispos…
A.R.S. § 48-2979 Investment and reinvestment of sinking fund
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A. The board of directors of an irrigation district may invest and reinvest all money belonging or credited to the district as a sinking fund. The investment shall be made for the best interests of the district. B. The funds may be invested and reinvested under the authority of t…
A.R.S. § 48-2980 Powers of district vested with power of drainage
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If the district has been vested with the necessary authority, the board of directors may: 1. Construct ditches, conduits, drains, sluices, water gates, pumps, pumping plants, electric transmission lines, cement linings for canals to prevent seepage of irrigation or other water, a…
A.R.S. § 48-2981 Powers of district serving municipal and industrial waters on June 12, 1980
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A. If a district was providing not less than ninety per cent of its total deliveries of water for municipal and industrial uses on June 12, 1980, the district may deliver municipal and industrial service to all lands within the boundaries of the district as constituted on June 12…
A.R.S. § 48-2982 Powers of board in legal proceedings; judicial notice of district; exception
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A. The board of directors may, in the name of the district, institute, maintain, prosecute and defend any proceedings and any actions, civil or criminal, necessary to carry out the provisions of this chapter or enforce, maintain, protect or preserve any right, privilege or immuni…
A.R.S. § 48-2983 Acquisition of existing irrigation or drainage works by district; approval by state certification board
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The board of directors may acquire by purchase or condemnation the irrigation system, canals and works through which lands in the district have been or may be supplied with water for irrigation or drainage works or equipment by which lands in the district have been or are being d…
A.R.S. § 48-2984 Contract for purchase, enlargement and completion of existing irrigation system; approval of state certification board
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If the board proposes to purchase a system of irrigation already constructed or partially constructed, and to enlarge and complete such system so that it is adequate to the needs of the district, the board may include in one contract the purchase, enlargement and completion of su…
A.R.S. § 48-2985 Plans and specifications for construction; advertisement for bids
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A. When plans and specifications for any construction, repair, alteration, extension, improvement or other district purpose, have been adopted by the board of directors as provided by this chapter, the board of directors shall give notice of the proposed work by publication of an…
A.R.S. § 48-2986 Award of contract; bond; letting of work without advertising for bids
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A. At the time and place specified in the advertisement the board shall meet and consider the bids and shall within a reasonable time thereafter accept or reject all or any portion of any bid, or may reject all bids, and shall return deposits of unsuccessful bidders. The board ma…
A.R.S. § 48-2987 Supervisory powers of 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 irrigation 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. § 48-2988 Entry upon lands for district purposes
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The directors, officers, agents and employees of the district may enter upon any land in the district for any district purpose to make surveys and locate sites for construction of a reservoir, canal or canals, and necessary laterals or create, extend or maintain the irrigation or…
A.R.S. § 48-2989 Construction of works across public or private property
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The board of directors may construct district works across any stream of water, water-course, street, avenue, highway, railway, canal, ditch, flume or private property which the route of the canal or canals, ditches, conduits or other irrigation or drainage works or appurtenances…
A.R.S. § 48-2990 Pro rata distribution of water subject to priorities; payment of water tax
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A. Subject to the law of priority, all water of the district available for distribution shall be apportioned to the lands thereof pro rata but when water costs are, under the practice of the district, defrayed by a water tax, the board may withhold water service from any parcel o…
A.R.S. § 48-2991 Distribution of water when supply insufficient
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If the water available in a district is insufficient at any time to supply all lands of the district susceptible of irrigation therefrom and otherwise entitled to water, the board of directors shall provide for the distribution of all available water upon certain or alternate day…
A.R.S. § 48-2992 Construction and maintenance of levees to control overflow
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Irrigation districts organized under this chapter may construct, maintain and keep in repair levees for the protection of lands included therein from overflow. The provisions of this chapter relating to construction, maintenance and repair of irrigation works, issuance of bonds a…
A.R.S. § 48-2993 Power of district to hold and use property; tax exemption of property
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A. The title to all property acquired by the district under this chapter shall immediately vest in the district in its name, and shall be held by the district for the uses and purposes set forth in this chapter. B. The district may hold, use or acquire, manage, occupy and possess…
A.R.S. § 48-2994 Conveyance or transfer to United States of irrigable lands within district included within federal reclamation project; election; terms of transfer
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A. When irrigable lands within an irrigation district have been included within any federal reclamation project, or subdivision thereof, authorized for construction under the federal reclamation laws, and the appropriate authority of the United States government certifies that fu…
A.R.S. § 48-2995 Limitation on power of board to incur district indebtedness
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The board of directors or other officers of the district shall not incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of this chapter. Any debt or liability incurred in excess of such limitation shall be absolutely void.
A.R.S. § 48-2996 Violation or neglect of duty by district officer; classification
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An officer of a district who knowingly violates or fails to perform any duty imposed upon him by law is guilty of a class 2 misdemeanor. Any officer convicted under this section shall forfeit his office.
A.R.S. § 48-2997 Eradicating noxious plants
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A. The board may adopt rules for eradicating and controlling noxious weeds, shrubs, grasses and vines in the district. The rules shall describe the character and objectionable features of the noxious plant. The board shall adopt the rules at a regular or special meeting and provi…
A.R.S. § 48-2998 Alternative plan to eradicate noxious plants
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A. As an alternative to proceeding under section 48-2997, the board of directors may remove and eradicate noxious weeds, shrubs, vines or grasses from the district under this section. If the board elects to do so, it shall adopt a resolution containing: 1. A legal description, by…
A.R.S. § 48-3011 Election of directors; term; qualifications; vacancies
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A. An election shall be held in the district each year in which the term of office of a director at large expires and in each division of the district in which the term of office of a director from a division expires. The election shall be held on the second Tuesday after the fir…
A.R.S. § 48-3012 Division of district into divisions; representation of district; redivision
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If the district has been divided into divisions by the board of supervisors, the board of directors by an order entered in its proceedings not less than thirty days prior to the first district election shall establish, define and divide the district into three divisions as nearly…
A.R.S. § 48-3013 Election of directors in a district not divided into divisions
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If the district has not been divided into divisions by the board of supervisors as provided by section 48-2915, the board of directors shall not divide the district into divisions, and three directors of the district shall be elected at large from the qualified electors of the di…
A.R.S. § 48-3014 Election in district having nine-member board
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Irrigation districts having a board of directors of nine members shall elect one director in each division each year in accordance with section 48-2914. In all other respects the election shall be held and conducted as provided in this article.
A.R.S. § 48-3015 Registration of voters
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A. The board of directors of an irrigation district using the personal and individual system of voting shall provide for and require a registration of the voters of the irrigation district. The registration books shall be opened for a period beginning on the thirtieth day after a…
A.R.S. § 48-3016 Notice of election; polling places; election judges
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A. Fifteen days before a district election, the district secretary shall: 1. Cause a notice or notices to be posted in each division: (a) Giving the time and place of holding the election. (b) Specifying the polling places of each division or a central polling place for the distr…
A.R.S. § 48-3017 Time of election; duties of election judges
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The polls shall be opened at eight o'clock in the morning and kept open until six o'clock in the afternoon of the same day. The election judges shall choose one of their number to be chairman. The chairman may appoint judges and clerks to fill vacancies occurring during the progr…
A.R.S. § 48-3018 Number of votes to which elector entitled
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Each qualified elector voting at an election shall be entitled to one vote on each question submitted and one vote for each office to be filled at all elections, but when the holder of record title is a married person, only the spouse in whose name the title stands shall be entit…
A.R.S. § 48-3019 Counting votes; election returns
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After closing the polls, the judges of the election shall ascertain the result of the vote and within two days thereafter certify the result in writing to the board of directors of the district and deliver to it all ballots used in the election and all records made thereof.
A.R.S. § 48-3020 Canvass of returns; declaration of results; failure to make returns
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A. The directors shall meet at the office of the district on the first Monday after the election to canvass the returns. If at the time of the meeting the returns from each polling place have been received the board of directors shall canvass the returns, or if all the returns ha…
A.R.S. § 48-3021 Limitation upon rejection of ballots or declaring election void
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No ballot, list, tally or certificate of an election shall be rejected for any irregularity or default if the intent thereof is apparent and it can be understood, nor shall an election be declared null and void if conducted substantially in conformity with the provisions of this …
A.R.S. § 48-3022 Statement of result of election
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The secretary of the board as soon as the board of directors has declared the result of an election shall enter in the records of the board a statement of the results disclosing: 1. A copy of the notice of the election. 2. The names of the judges of the election. 3. The total num…
A.R.S. § 48-3023 Filing certified statement of result; qualification of directors
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A. A certified copy of the statement of results as entered on the records of the board of directors shall be made by the secretary and filed in the offices of the board of supervisors of each county in which a part of the district is located. B. The secretary of the district shal…
A.R.S. § 48-3024 Recall of directors
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A director elected or appointed under this chapter shall be subject to recall by the vote of a majority of the qualified electors of the division which he represents or of the entire district in the case of a director at large. The proceedings for recall shall be in all respects …
A.R.S. § 48-3041 Adoption of acreage system of voting
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A. Instead of the personal and individual system of district voting as provided by article 4 of this chapter, the bona fide landowners of a district who reside in the state may petition the board of directors of the district to adopt an acreage system of voting within the distric…
A.R.S. § 48-3042 Forms of election materials; applicability of general election laws
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A. The board of directors shall prescribe the form of registration lists, ballots, poll lists, election returns and all other papers and documents used in connection with the holding of elections, and shall provide for preserving the secrecy of the ballot. The provisions and form…