Title 49, The Environment

A. The authority, through its board, may enter into short-term emergency loan agreements with political subdivisions or Indian tribes under the following conditions: 1. The term of the loan does not exceed one year. 2. The dollar amount of the loan does not exceed two hundred fif…

In this article, unless the context otherwise requires: 1. "Eligible entity" means any of the following: (a) A water provider that distributes or sells water outside of the boundaries of an initial active management area in which part of the central Arizona project aqueduct is lo…

A. The water supply development revolving fund is established consisting of all of the following: 1. Monies received from the issuance and sale of water supply development bonds under section 49-1278. 2. Monies appropriated by the legislature to the water supply development revol…

A. The board shall administer the water supply development revolving fund. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Monies and oth…

A. Monies in the water supply development revolving fund may be used for the following purposes: 1. Making loans to eligible entities in this state under section 49-1274 for water supply development projects within this state. A single loan shall not exceed $20,000,000. 2. Making…

A. In compliance with any applicable requirements, an eligible entity may apply to the authority for and accept and incur indebtedness as a result of a loan or any other financial assistance from the water supply development revolving fund for water supply development projects in…

A. A loan from the water supply development revolving fund shall be evidenced by bonds, if the eligible entity has bonding authority, or by a loan repayment agreement, delivered to and held by the authority. B. A loan under this section shall: 1. Be conditioned on establishing a …

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1274 and 49-1275.

A. The authority may issue negotiable water supply development bonds in a principal amount necessary to provide sufficient monies for those projects approved under this article and including such items as maintaining sufficient reserves to secure the bonds, to pay the necessary c…

A. Water supply development bonds may be issued to provide financial assistance under this article and to increase the capitalization of the water supply development revolving fund to accomplish the purposes stated in section 49-1273. These bonds may be secured by any monies rece…

Bonds issued under this article are obligations of the water infrastructure finance authority of Arizona, are payable only according to their terms and are not general obligations, special obligations or otherwise of this state. The bonds do not constitute a legal debt of this st…

The board may submit any water supply development 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 …

Water supply development 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, all financial…

This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the water infrastructure finance authority of Arizona or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the t…

In this article, unless the context otherwise requires: 1. "Eligible entity" means any of the following: (a) A water provider. (b) Any city, town, county, district, commission, authority or other public entity that is organized and that exists under the statutory law of this stat…

A. The long-term water augmentation fund is established to be maintained in perpetuity consisting of all of the following: 1. Monies received from the issuance and sale of long-term water augmentation bonds under section 49-1309. 2. Monies appropriated by the legislature to the f…

A. Monies and other assets in the long-term water augmentation fund may be used for the following purposes: 1. Funding water supply development projects that import water from outside the boundaries of this state. At least seventy-five percent of the monies in the fiscal years 20…

A. The authority shall determine the order and priority of water supply development projects proposed to be funded in whole or in part with monies from the long-term water augmentation fund, participation in projects to import water or allocation of imported water based on the fo…

For any water supply development project to import water that is proposed to be funded by the authority, the authority shall provide written notice of the proposed project to all entities in this state with an entitlement to water from the Colorado River, including water delivere…

A. The authority is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed for these purposes or on the agreements of the authority pertaining to ma…

A. The authority shall consider applications for financial assistance from the long-term water augmentation fund in accordance with section 49-1304 and shall consider the recommendations of the long-term water augmentation committee established by section 49-1208. B. The authorit…

A. In compliance with any applicable requirements, an eligible entity may apply to the authority for and accept and incur indebtedness as a result of financial assistance from the long-term water augmentation fund for water supply development projects. B. The authority shall: 1. …

A. The authority, through the board, may issue negotiable long-term water augmentation bonds in a principal amount that, in its opinion, is necessary to do all of the following: 1. Provide sufficient monies for water supply development projects and financial assistance for water …

Long-term water augmentation bonds issued under this article are obligations of the authority, are payable only according to their terms and are not general, special or other obligations of this state. The long-term water augmentation bonds do not constitute a legal debt of this …

A. The board may submit any long-term water augmentation bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. Within fifteen days after submission, the attorney general shall examine and pass on the validity of…

Long-term water augmentation bonds issued under this article are securities: 1. 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, all f…

A. This state pledges to and agrees with the holders of the long-term water augmentation bonds that this state will not limit or alter the rights vested in the authority or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the terms of …

A. The water conservation grant fund is established to be maintained in perpetuity consisting of all the following: 1. Legislative appropriations. 2. Monies received for water conservation purposes from the United States government. 3. Interest and other income received from inve…

A. Monies in the water conservation grant fund must facilitate voluntary water conservation programs or projects that are expected to result in at least one of the following: 1. Long-term reductions in water use. 2. Improvements in water use efficiency. 3. Improvements in water r…

A. In compliance with any applicable requirements, an eligible entity may apply to the authority for and accept grants from the water conservation grant fund for a water conservation program or project that complies with the requirements of sections 49-1332 and 49-1334. A nongove…

The authority shall determine the order and priority of water conservation programs and projects proposed to be funded in whole or in part with monies from the water conservation grant fund based on the following, as applicable: 1. The extent to which the water conservation progr…

A. The water conservation grant committee is established to advise the board and consists of the following members who are appointed by the board: 1. One member who represents a public water system that serves five hundred or more connections. 2. One member who represents a publi…

In this chapter, unless the context otherwise requires: 1. "Actual harm" means damage, loss or injury. 2. "Audit report" means an audit report prescribed by section 49-1402. 3. "Environmental law" means a federal, state or local law, rule, regulation or ordinance, or a permit iss…

A. An audit report shall include each document and communication, other than those set forth in section 49-1406, that is created for an environmental audit to evaluate compliance with environmental laws. B. An audit report may include the following: 1. A report prepared by an aud…

A. Except as provided in sections 49-1404, 49-1405 and 49-1406, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A civil action, whether legal or equitable. 2. An administrative proceeding. B. When cal…

A. The privilege prescribed in section 49-1403 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by an environmen…

A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing official determines after an in camera review consistent with the approp…

A. The privilege described in this chapter does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under an environmental law. 2. Information obtained by observation, …

A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by this chapter is not waived or eliminated for any other purpose. B. Notwithstanding the privilege established by this chapter, a regulator…

Nothing in this article shall be construed to provide civil or criminal immunity to a person or organization.

In this chapter, unless the context otherwise requires, "natural gas storage facility" means a facility that is either underground or above ground with a capacity of at least five hundred thousand cubic feet and that is used primarily for the storage of natural gas, excluding liq…

A natural gas storage facility shall not be located within a county with a population of more than one million five hundred thousand persons, if the facility is located within nine miles of an active duty military air force base that has pilot training as its primary mission.

The provisions of this chapter are cumulative and supplemental and do not apply to a political subdivision that by ordinance or resolution has adopted provisions restricting natural gas storage facilities that are at least as stringent as the restrictions in this chapter.