Title 45 — Waters

No revenue bonds may be issued until provision is made by contracts pursuant to this chapter adequate in the judgment of the board to ensure all necessary fiscal reserves, operation costs, maintenance and depreciation charges and payment of principal and interest of any bonds rel…

A. Resolutions for a bond issue or issues shall state the amount of the proposed issue or issues, the proposed interest rate and types and terms of bonds, that all other methods of necessary financing by the authority have been found impractical, inadvisable or inadequate and tha…

A. The chairman of the board, at the earliest practical date, shall fix a time and place for a hearing at least twenty but not more than thirty days after adopting the resolution. The authority shall publish notice of the time and place fixed for the hearing twice in a newspaper …

Bonds issued under this article shall be authorized by resolution of the authority and may be issued in one or more series, shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations and in such form,…

A. The bonds shall provide that: 1. The bond is purchased and taken after a complete disclosure and with a full knowledge of all of the surrounding relevant facts and circumstances and not on the representation, faith or credit of the authority, this state or any of its political…

The board may submit any bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. On submission the attorney general shall examine and pass on the validity of the bonds and the regularity of the proceedings. If the…

This chapter constitutes full authority for authorizing and issuing bonds without reference to any other law of this state. No other law with regard to the authorization or issuance of obligations or that in any way impedes or restricts the carrying out of the acts authorized by …

County water augmentation authority bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, al…

A. It is the declared policy of the legislature to provide for a coordinated effort for the restoration and conservation of the water resources of this state. This policy is designed to allow the people of this state to prosper while protecting and restoring this state's rivers a…

In this chapter, unless the context otherwise specifies: 1. "Commission" means the Arizona water protection fund commission. 2. "Fund" means the Arizona water protection fund.

A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who are residents of this state, who have demonstrated an interest in natural resources and who are appointed as follows: 1. One …

A. The powers and authority vested in and the duties imposed on the members of the commission shall be exercised by a quorum of members, which consists of a majority of members then in office, except that a lesser number may hold public meetings without taking legal action. B. Th…

Before any monies are granted pursuant to section 45-2113, and by July 1, 1995, and every three years thereafter, the commission shall develop in conjunction with the department guidelines for applicants for funding. Guidelines shall include the following: 1. Delineation of geogr…

A. The commission is subject to title 38, chapter 3, article 3.1 and title 39, chapter 1. B. The commission shall develop and may amend the guidelines for applicants required by section 45-2105 after reviewing the recommendations submitted by the natural resource conservation dis…

Beginning July 1, 1996, and on July 1 every year thereafter, the commission shall submit a detailed report to the governor, the president of the senate and the speaker of the house of representatives. The report shall describe the actions taken by the commission and the expenditu…

A. The Arizona water protection fund is established. The commission shall administer the fund. B. The commission may grant monies from the fund to reimburse or advance monies to persons pursuant to section 45-2113. Grants made pursuant to this article are exempt from title 41, ch…

A. The fund shall consist of monies collected pursuant to section 48-3715.05. B. In addition to the amounts prescribed in subsection A of this section the fund may accept any gifts, grants or donations.

A. The commission shall grant monies from the fund consistent with the application guidelines developed pursuant to section 45-2105. The commission shall establish a procedure by which monies may be granted annually which shall include a maximum of six months between the receipt …

A. The director shall provide administrative, technical and legal support to the commission to the extent funding is available as prescribed by subsection B of this section and from legislative appropriations. This support may include the hiring of a contract administrator, an at…

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. 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. 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. 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. 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…

[Repealed or reserved.]

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. 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. 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. 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. 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. …

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. 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. 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. 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. 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. 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 …

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,…

B. The legislature further finds that water users within the central Arizona project service area also rely on other surface water supplies, that these supplies are susceptible to future shortages of water and that these shortages are a threat to the general economy and welfare o…

Unless the context otherwise requires, the terms defined in sections 45-101, 45-402 and 45-802.01 have the same meaning in this chapter and for purposes of this chapter: 1. "Authority" means the Arizona water banking authority. 2. "Banking fund" means the Arizona water banking fu…

A. The Arizona water banking authority is established. The purposes, powers and duties of the authority shall be executed by a commission to be known as the Arizona water banking authority commission. B. The commission consists of the following members who are residents of this s…

A. The commission shall select a vice-chairperson and a secretary from among its membership who shall each hold office for terms of two years to begin and end on the third Monday in January. B. The powers and authority vested in and the duties imposed on the authority shall be ex…

A. The authority, acting through its commission, shall: 1. Administer the Arizona water banking fund in accordance with this chapter. 2. Coordinate its staffing needs with the director and CAWCD. 3. Coordinate the storage of water and distribution and extinguishment of long-term …

A. The director shall provide administrative, technical and legal support to the authority to the extent requested by the authority. The director may hire staff, who shall be employees of the department of water resources, necessary to provide the level of support requested by th…

A. The Arizona water banking fund is established and shall include subaccounts based on funding sources. The authority shall administer the banking fund in accordance with this chapter. B. The banking fund consists of all of the following: 1. Monies appropriated from the state ge…

A. The commission shall make and submit to the governor, president of the senate and speaker of the house of representatives on or before July 1 of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year. B. Th…

A. This chapter does not authorize the authority to exercise any right of eminent domain. B. Except as provided in subsection E of this section: 1. The authority shall not store Colorado river water that would otherwise have been used in this state pursuant to a contract entered …

By July 1, 1997, the authority shall have used its best efforts to store pursuant to this chapter a minimum of one hundred thousand acre-feet of Colorado river water in this state. The annual report of the authority to the governor, the president of the senate and the speaker of …

A. By March 1, 1997, the authority shall prepare and assess an inventory of existing storage facilities in this state to determine whether existing storage facilities are available to meet the authority's needs for the following ten years. The authority shall give special conside…

A. If a storage facility inventory or an update concludes that additional storage facilities are necessary to meet the needs of the authority for the following ten years, the authority shall develop a plan for the development of additional storage facilities that specifies the ty…

A. The authority shall implement an adopted plan for additional storage facilities. B. To facilitate the development or construction of additional storage facilities required by a plan, the authority shall solicit proposals from CAWCD and other entities willing to undertake the d…