Title 45, Waters

Any person conducting weather control or cloud modification operations without first having procured a license as provided by this article, or who knowingly makes a false statement in the application for license, or who knowingly fails to file any report or evaluation required by…

The legislature declares and finds: 1. That the development of an adequate supply of water for agriculture, municipal, industrial and fish and wildlife uses within the state of Arizona is vital for the well being, health and prosperity of the people of the state. 2. That the stat…

In this article, unless the context otherwise requires: 1. "Authority" means the Arizona power authority created pursuant to title 30, chapter 1. 2. "Bonds" and "notes" means bonds and notes, respectively, of the authority issued pursuant to this article. 3. "District" means any …

A. A water and power plan for the state is established consisting of all or part of the following works and facilities: 1. Central Arizona project, including: (a) Granite Reef aqueduct to extend from Lake Havasu to a point in central Arizona on the Salt River near the city of Pho…

A. The director of water resources may plan, construct, operate and maintain the central Arizona project, or any portion of the project, and any other water projects hereafter included in the state water and power plan, acquire all real property required therefor in the name of t…

The director or authority may construct facilities or works pursuant to this article across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, flume or private property. If the director or authority and the persons, firms, corporations, municipaliti…

A. Condemnation proceedings may be brought by the director or authority and all laws of the state relating to the exercise of the right of eminent domain and the taking of private property for public use and obtaining immediate possession thereof shall apply to the proceedings. T…

A. The authority: 1. Shall have the power and is authorized from time to time to issue its negotiable bonds and notes in such principal amount as, in the opinion of the authority, shall be necessary to provide sufficient monies for the construction, reconstruction and improvement…

A. The director may enter into and carry out contracts with water users for the delivery of Colorado river water through the facilities of the central Arizona project and for the sale and delivery of water from other sources included in the central Arizona project or other water …

The director and the authority, respectively, may: 1. Cooperate with the appropriate agencies or officials of the federal government and of the state and political subdivisions of the state to the end that the purposes of this article shall be realized. 2. Apply to the appropriat…

Notwithstanding any provision of law but subject to the exceptions prescribed by this section, all municipalities, districts and other public bodies are authorized and empowered to enter into contracts with the director or the authority as provided in section 45-1708 for the sale…

The state water and power development fund is established. The resolution or trust indenture of the authority securing the bonds or notes shall fix the amount and the provisions of the application of a bond reserve to be held by the state treasurer in such development fund. The s…

The state of Arizona does pledge to and agree with the holders of the bonds and notes that the state will not limit or alter the rights hereby vested in the director and the authority to maintain, reconstruct and operate the projects included in the state water and power plan, an…

The director and the authority shall be regarded as performing a governmental function in undertaking and carrying out the state water and power plan and shall be required to pay no taxes or assessments on any of the property thereof or upon their activities in the operation and …

A. In the event the authority defaults in the payment of principal of or interest on any issue of bonds or notes after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event the auth…

The authority may submit to the attorney general of the state of Arizona any bonds to be issued under this article after all proceedings for the authorization of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of t…

Neither the state nor any political subdivision thereof shall be liable on the bonds or notes of the authority and such bonds and notes shall not constitute a debt or liability of the state or of any such political subdivision.

The bonds and notes are hereby made securities in which all public officers and bodies of the state and all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies…

Nothing contained in this article shall be construed as affecting or be intended to affect or to in any way interfere with the laws of the state or the United States relating to the control, appropriation, use or distribution of water used in Arizona, or to any contract or vested…

When all bonds and notes issued under the provisions of this article to finance the state water and power plan and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and notes and the interest thereon to the maturity thereof shall h…

The rates, services and practices relating to the generation, transmission, distribution and sale of power or to the distribution and sale of water pursuant to this chapter shall not be subject to regulation by or the jurisdiction of the Arizona corporation commission or any succ…

Notwithstanding anything to the contrary in this chapter or in title 30, chapter 1, the Arizona power authority may participate in the Montezuma pumped storage power project, the Hoover power plant modifications project or Hoover power plant uprating project as a joint owner with…

The powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law, general or special. This article shall, without reference to title 30, chapter 1 or chapter 1 or 2 of this title, or to any other law, general or special, be de…

In this chapter, unless the context otherwise requires: 1. "Active management area" means an active management area established under chapter 2 of this title. 2. "Authority" means a county water augmentation authority established under this chapter. 3. "Board" means the board of …

A. An authority may be established in any active management area in which all of the following conditions exist on the date the authority is organized: 1. Over fifty per cent of the area of the active management area lies within a single county. 2. The population of the county is…

Any aggrieved person or entity may contest the formation of an authority under this chapter by filing an action in superior court in the county in which the authority is established within thirty days after the board assumes office under section 45-1921. If more than one such con…

An authority is a corporate and political body that may act in its official corporate name and has 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 and bonds from taxatio…

A majority of the board may propose that the authority be dissolved, but only if all contractual obligations and debts of the authority are satisfied and another governmental entity or entities accept dedication of all authority projects. After a hearing, the board shall adopt by…

A. The board shall consist of the following members, except that it shall not include any entity excluded from the authority pursuant to section 45-1902: 1. One member appointed by the board of supervisors of the county in which the authority is established. 2. One member appoint…

A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairman or a majority of the members of the board. The secretary-treasurer shall give at least three days' notice of each meeting to each member of the board in addition to…

A. The board shall determine its organizational and procedural structure, adopt, amend or repeal bylaws, rules and forms consistent with the requirements of this chapter and prescribe a system of accounts. B. The board may: 1. Manage, set policy and conduct the business and affai…

A. The authority shall cooperate, coordinate and confer with the director of water resources, state agencies, special districts, authorities and other political subdivisions of this state and the United States with respect to matters within their jurisdiction relating to augmenti…

This chapter shall not be construed to modify, alter or change the functions, powers, duties, rights and liabilities prescribed under chapters 1, 2 and 3 of this title. This chapter does not authorize the authority to: 1. Engage in the retail distribution of water within the serv…

The board, for and in the name of the authority, may: 1. Acquire in any lawful manner, except as limited by this chapter, and sell, lease, exchange or otherwise dispose of real and personal property, easements and rights-of-way that are necessary or required for the uses and purp…

In conjunction and cooperation with local governmental entities and the director of water resources, the authority shall: 1. Within one year of the authority's formation, develop an initial water resource augmentation plan for the county in which the authority is established to g…

A. The authority may: 1. Negotiate to acquire in its own name, or on behalf of an operating unit located within the authority's boundaries, water and rights to water that may be legally available to augment the water supply of the county in which the authority is established. 2. …

A. The legal title to all property and property rights acquired under this chapter vests in the authority and shall be held for the uses and purposes prescribed by this chapter. B. The board may: 1. Acquire, hold, manage, occupy and possess property as provided by this chapter. 2…

A. The construction of projects or facilities undertaken by the authority shall be by contract and not by force account. The authority may enter into contracts for construction work exceeding twenty-five thousand dollars only after notice published for at least ten days, except i…

A. On or before July 1 of each year the authority shall adopt an administrative budget for the succeeding fiscal year. The budget shall consist of a complete statement of administrative expenditures from the general fund during the past fiscal year and an estimate of the differen…

A. Within sixty days after the authority is formed, the department shall transfer to the secretary-treasurer of the authority one-half of all unencumbered monies and the accrued interest on those monies that were collected in the active management area in which the authority is l…

The authority may assess fees, including extraction fees, development impact fees, connection fees, user fees, replenishment fees and administrative fees, against any operating unit or other person with which the authority has a contractual responsibility to provide any service. …

A. The secretary-treasurer of the authority shall establish appropriate accounting classifications and designations in the authority accounting records to provide for accurate and systematic control and allotment of all monies received. B. The secretary-treasurer shall maintain a…

A. Monies due to the authority under agreements for the sale of water or other services, proceeds of revenue bond issues or any other obligation may be made payable at the office of the authority. All monies derived from operations of the authority and received by any officer, ag…

The secretary-treasurer of the authority shall: 1. Pay matured interest coupons from bonds of the authority from the bond fund. 2. Invest monies in the bond fund, under direction of the board, in bonds of the United States or this state that shall be kept in the bond fund and tha…

A. On or before December 1 of each year the board shall make a verified statement of the financial condition of the authority as of June 30 of the preceding fiscal year, showing particularly the receipts and disbursements during the fiscal year and the source of the receipts and …

If the authority finds other financing methods or procedures inadvisable, inadequate or insufficient to acquire or construct projects, works or facilities, it may independently or in conjunction with any other optional or alternative plans provided in this chapter issue revenue b…