reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1051 - District supervisors; term of office; biennial election

37-1051.
District supervisors;  term of office;  biennial election
A. The governing body of a district shall consist of five supervisors,  three of whom are to be elected and two appointed by the commissioner. Except as to the first supervisors,  whose election and terms are prescribed in section 37-1035,  the term of each elected supervisor shall be six years,  beginning on June 1 following his election. As prescribed in section 37-1036,  the terms of the two supervisors appointed by the commissioner shall be until May 31 of the next even-numbered year,  or until their successors are otherwise appointed.
B. An election shall be held on the first Saturday in May of each even-numbered year,  at which one supervisor of the district shall be elected. Any person desiring to be a candidate shall file with the commissioner a nomination petition in such form as the commissioner prescribes,  at least ten days prior to the election,  containing the signatures of not less than twenty-five qualified electors of the district. No person shall be eligible to be a candidate for supervisor unless he is a qualified elector of the district. The names of candidates shall appear on the ballot in alphabetical order by surnames,  with a square after each name and an instruction to mark an X in the square after the name of the voter's choice. The governing body of a district may provide a mail ballot to a qualified district elector for which the district governing body has a first class mailing address. Qualified electors of a district who wish to vote by mail ballot shall file a first class mailing address with the district governing body at least thirty days prior to the date of the election. Qualified district electors who receive ballots in proper form from the district governing body may cast their votes by mail. Mail ballots,  to be counted,  shall be received at the place designated,  and within the time prescribed by the district supervisors and clearly specified in the notice of election. Only qualified electors of the district shall have the right to vote. The district governing body shall provide at least one polling place in the district for qualified voters who wish to vote in person. If two or more candidates receive the same number of votes,  the successful candidate shall be determined by lot.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1052 - Organization of supervisors; vacancies

37-1052.
Organization of supervisors;  vacancies
A. At the first meeting of the supervisors following an election,  they shall organize by electing a chairman and a vice chairman and such other officers as are deemed necessary from among their number to serve for the ensuing two years.
B. If a vacancy occurs in the office of an elected supervisor otherwise than by expiration of term,  the commissioner may appoint a qualified elector of the district to serve until June 1 of the next even-numbered year,  when a successor shall be elected for the remainder of the term.
C. District supervisors may employ a secretary and such other agents,  employees and technical or professional experts as they may from time to time require,  and may determine qualifications,  compensation and duties applicable to any agent,  employee or expert engaged.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1053 - Powers and duties of supervisors

37-1053.
Powers and duties of supervisors
A. The supervisors shall:
1. Provide for the keeping of a record of all proceedings,  resolutions,  regulations and orders issued or adopted.
2. Furnish to the commissioner copies of such ordinances,  rules,  regulations,  orders,  contracts,  forms or other documents adopted or employed,  audits of the district or education center and such information concerning their activities as the commissioner requests.
B. The supervisors may appoint additional advisory members to the district governing body and delegate to the chairman or any member,  or to any agent or employee,  such powers and duties as they deem proper.
C. District supervisors shall require and provide for the execution of a corporate surety bond in suitable penal sum for,  and to cover,  any person entrusted with the care or disposition of district funds or property.
D. The compensation of the district supervisors shall be determined by the supervisors meeting as the governing body of the district but shall not exceed the compensation prescribed by section 38-611,  plus actual and necessary expenses of attending district meetings,  and a per diem subsistence allowance and actual and necessary expenses while engaged in official business by order of the supervisors.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1055 - Limitation of powers

37-1055.
Limitation of powers
A. Nothing in this chapter shall affect existing water rights or in any manner contravene the provisions of this title.
B. No district or public body shall undertake or cooperate in the planning,  construction,  improvement or maintenance of any structure,  dike or channel for the storage,  spreading,  diversion or conveyance of water resulting in the consumptive use of water,  on any watershed or drainage area which supplies or contributes water for the irrigation of lands within any irrigation district or for the irrigation of other lands having established rights in such water,  without first submitting the plans therefor to the governing body of such irrigation district or districts. Such governing body shall within forty-five days after receipt of such plans either approve or reject them. The approval may be given for rangeland soil conservation practices by agreement on an annual or continuing basis between the governing bodies of the affected irrigation districts and the supervisors of such natural resource conservation districts. If the governing body fails to approve or reject the plans within forty-five days,  it shall be deemed to have approved them. If the governing body rejects the plans,  the district or public body proposing such plans may appeal to the commissioner. The appeal shall be taken within forty-five days after such decision. The commissioner shall review the decision,  and may approve the plans only if after an investigation and hearing he finds that the work proposed to be done will not result in the consumptive use of water. An appeal from the decision of the commissioner may be taken by either party pursuant to the provisions of section 37-215. The provisions of this subsection shall not preclude the use of any other legal remedy otherwise available to any person or interested party.
C. The diversion,  application or use of water by means of any improvement constructed,  maintained or operated under the provisions of this chapter shall not be construed to be an appropriation of or vest any right to the use of public water.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1057 - Cooperation by state agencies

37-1057.
Cooperation by state agencies
Agencies of this state which have jurisdiction over or are charged with the administration of any state-owned lands,  and of any county or other governmental subdivision of the state which have jurisdiction over,  or are charged with the administration of,  any county owned or other publicly owned lands lying within the boundaries of any natural resource conservation district,  may cooperate fully with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of any district organized under the provisions of this chapter may cooperate with any municipality within the boundaries of the district on matters relating to soil conservation or land use planning.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1122 - General powers and duties of the commission

37-1122.
General powers and duties of the commission
A. The commission shall:
1. Adopt administrative rules that in its discretion it considers to be necessary and proper to carry out the provisions and purposes of this chapter.
2. Assemble and distribute information to the public relating to the commission's determination of navigability or nonnavigability of any watercourse and the commission's other activities.
3. Conduct inquiries or hearings in performing the commission's powers and duties. The commission shall conduct its proceedings informally without adherence to judicial rules of procedure or evidence. The commission shall facilitate participation by persons who are not represented by legal counsel and shall not require a person to file documents or notices in order to be heard and participate in proceedings before the commission.
4. Exercise such other powers as may be necessary to fully carry out its responsibilities imposed by this chapter.
B. The commission may employ subject to title 41,  chapter 4,  article 4 or contract for legal counsel,  independent from the attorney general,  and other professional and administrative services. Legal counsel retained by the commission may advise and represent the commission in connection with legal matters before other departments and agencies of this state and represent the commission in litigation concerning the affairs of the commission. Contracts for legal and professional services are exempt from section 41-192 and title 41,  chapter 23.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1124 - Compiling evidence and records by department

37-1124.
Compiling evidence and records by department
A. Beginning on or about the date that the commission establishes priorities pursuant to section 37-1123,  subsection E,  but in no event later than January 2,  1993,  the department shall begin the necessary investigation and inquiries to assemble the evidence relevant to finding navigability with respect to those watercourses given the highest priority by the commission. The department shall continue the investigations and inquiries as resources permit,  in the order of priority set by the commission.
B. After collecting and documenting all reasonably available evidence regarding the condition and usage of a watercourse as of February 14,  1912,  the present uses of the underlying land and the public trust values associated with the watercourse,  if any,  the department shall promptly transmit all of the evidence to the commission.
C. The department shall maintain a permanent record of the material assembled and transmitted to the commission.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1126 - Hearings; notice

37-1126.
Hearings;  notice
A. The commission shall schedule public hearings to receive additional evidence and testimony relating to navigability or nonnavigability of each watercourse,  and,  if the commission finds a watercourse is navigable,  the commission shall schedule public hearings to identify and make a public report of any public trust values associated with the watercourse. The hearings shall be held at the commission's office or,  in the case of a hearing concerning a watercourse located principally outside of Maricopa county,  at the county seat of the county in which the predominant portion of the particular watercourse is located. The commission may schedule additional hearings at other locations at the commission's discretion.
B. At least thirty days before any public hearing under this section,  the commission shall cause notice of the hearing to be published in two newspapers,  one of statewide circulation and another of general circulation in the county where the hearing is to be held. In addition,  the commission shall mail notice of the hearing to any person who has previously requested notice of hearings in writing from the commission.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1128 - Determination of navigability

37-1128.
Determination of navigability
A. After the commission completes the public hearing with respect to a watercourse,  the commission shall again review all available evidence and render its determination as to whether the particular watercourse was navigable as of February 14,  1912. If the preponderance of the evidence establishes that the watercourse was navigable,  the commission shall issue its determination confirming that the watercourse was navigable. If the preponderance of the evidence fails to establish that the watercourse was navigable,  the commission shall issue its determination confirming that the watercourse was nonnavigable.
B. With respect to those watercourses that the commission determines were navigable,  the commission shall,  in a separate,  subsequent proceeding,  identify and make a public report of any public trust values associated with the navigable watercourse.
C. The commission shall make its determinations under subsections A and B of this section in writing with sufficient documentation and detail to confirm the rationale and basis for the determination. The determinations constitute final administrative determinations and are not subject to title 41,  chapter 6,  article 10.
D. The commission shall immediately notify the department of any watercourse that it determines to be navigable or nonnavigable under subsection A of this section. Within one hundred eighty days after receiving notice that a watercourse is:
1. Navigable,  the department shall send notice of that determination to each record owner of,  and each person or entity that has an interest of record in,  any property that may be affected by the determination and to each person or entity that has requested notification of any determination of navigability. The department shall include a statement of whether the department intends to seek judicial review of the commission s determination. Any time after the date of the notice under this paragraph,  the record title owner or lessee of any affected property may petition the department in writing to disclaim,  release,  relinquish or dispose of the property from public trust land status as no longer necessary or materially useful for the purposes of the trust.
2. Nonnavigable,  the department shall send notice of that determination to each person or entity that has requested notification of any determination of nonnavigability. The department shall include a statement of whether the department intends to seek judicial review of the commission s determination.
E. After the time for judicial review of the commission's determination with respect to any watercourse has expired,  as provided in section 37-1129,  the commission shall cause a record of its determination to be recorded in the office of the county recorder of each county in which any part of the watercourse affected by the determination is located.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1129 - Judicial review

37-1129.
Judicial review
A. Beginning on the date the commission issues a determination under section 37-1128,  subsection A and continuing through ninety days after the department issues a notice under either section 37-1128,  subsection D,  paragraph 1 or 2,  the state land commissioner or any person who is aggrieved by the commission s determination may seek judicial review in superior court in the county in which all or part of the watercourse that is directly affected by the determination is located.
B.    Except as otherwise provided in this chapter,  judicial review shall be conducted pursuant to title 12,  chapter 7,  article 6.
C.    If separate actions are filed under this section with respect to the same watercourse or adjacent or proximate watercourses,  on motion by any party to any such action or on its own initiative,  the court may:
1.    Order a joint hearing or trial of any matter in the actions.
2.    Order all of the actions pending in any court to be consolidated.
3.    Issue such orders concerning proceedings in the actions as may tend to avoid unnecessary costs or delay or as may be necessary to avoid inconsistent results.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1130 - Title to bed of nonnavigable watercourse; appropriation of waters for public trust values

37-1130.
Title to bed of nonnavigable watercourse;  appropriation of waters for public trust values
A. Subject to judicial review under section 37-1129,  the commission s determination that a watercourse is nonnavigable constitutes a waiver,  relinquishment and disclaimer of this state's right,  title or interest in the bed of the watercourse based on its navigability.
B. This state may obtain any water that is necessary to maintain and protect public trust values that are identified by the commission pursuant to section 37-1128,  subsection B only by complying with the requirements of title 45.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1132 - Refunds to record title owners

37-1132.
Refunds to record title owners
A. If this state's ownership of a parcel or portion of a parcel of property is confirmed in a quiet title action under this article,  the state treasurer shall pay to the record title owner an amount from the state general fund to:
1. Refund all property taxes ever paid on the property.
2. Compensate the person for all improvements to the property.
3. Refund the purchase price paid for the property,  plus interest at the legal rate,  if the property was purchased from this state by the person or any predecessor in title.
B. The department of administration,  in coordination with the department of revenue and the state land department,  shall certify to the state treasurer the amounts due to the record title owner pursuant to this section.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1152 - Auction and sale of released public trust lands

37-1152.
Auction and sale of released public trust lands
A. If the department determines that any portion or reach of a bed of a navigable watercourse may be released from the public trust,  the department shall cause an appraisal of the property to be made to determine its fair market value. The property shall not be disposed of for an amount less than that appraised value.
B. At the same time,  the department shall also cause an appraisal to be made of such reasonable improvements to the property as the record owner or lessee may have made in good faith. The amount of that appraised value of the improvements shall be credited and applied to the bid of the record owner or lessee at any sale or public auction of the land that the department conducts. If the record owner or lessee is not the successful bidder at the sale or auction,  the successful bidder shall reimburse the owner or lessee by the amount of the appraised value of the improvements.
C. Sections 37-236,  37-237 and 37-238 apply to the sale of such lands at public auction.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1153 - Permit to use public trust lands

37-1153.
Permit to use public trust lands
A. On application,  the department may permit the use of public trust lands by a public entity or private person or entity if the department determines that such use will be consistent with,  and in the best interests of,  the public trust. The use may continue only as long as the lands are used for the purposes for which the permit is granted. The permit shall contain terms and conditions that are necessary or appropriate to assure protection of the public trust interests associated with the lands. The user shall pay due compensation to the department that shall be used for the purposes prescribed by this chapter.
B. At least thirty days before issuing a permit under this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested written notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment.
C. The department may lease rights-of-way in public trust lands for nonexclusive uses for a term of not more than ten years without a public auction,  if the conditions prescribed by subsection A are met.
D. The department shall adopt rules relating to granting the use permits and maintaining the public trust land that is subject to permit under this section.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1154 - Public improvements in beds of navigable watercourses; definition

37-1154.
Public improvements in beds of navigable watercourses;  definition
A. A determination that a watercourse is navigable does not affect the right of a public entity to own,  operate,  maintain or repair a public improvement reasonably constructed in the bed of the watercourse under the public entity's powers if the improvement was constructed before the determination that the watercourse is navigable and does not materially impair the public trust. The public entity is considered to have obtained this state's consent to construct the public improvement and is not liable to pay compensation to this state for the land on which the public improvement is constructed if the improvement does not materially impair,  obstruct or destroy the function of the watercourse for public trust purposes.
B. If the commissioner determines that the public improvement described in subsection A of this section does not,  or will not if appropriate conditions are followed,  materially impair the public trust uses,  the department may require the public entity to obtain a permit for the improvement pursuant to section 37-1153 but shall not assess any fee for issuing the permit.
C. At least thirty days before issuing a decision under subsection D or E of this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment.
D. If the commissioner determines that the public improvement described in subsection A of this section destroys the function of the watercourse for public trust purposes and is not in furtherance of the public trust status of the land,  the public entity may petition the department for release of public trust status pursuant to section 37-1151. In evaluating the petition,  the department shall consider,  in addition to the factors prescribed by section 37-1151,  whether constructing the public improvement was undertaken pursuant to the public entity's authority and whether the public improvement continues to serve a public purpose.
E. If the commissioner determines that a release is appropriate under subsection D of this section,  the public entity may purchase this state's interest in the land without a public auction by paying an amount to be determined by the department pursuant to section 37-1152 directly to this state pursuant to section 9-401,  subsection A,  section 11-251,  paragraph 45 or section 48-3603,  subsection C,  paragraph 2,  as applicable. No cause of action or claim for reimbursement accrues for the benefit of any public entity that exercises its right to purchase this state's interest pursuant to this subsection.
F. For purposes of this section,  " public improvement"  includes any facility established,  constructed or maintained by a public entity pursuant to law and those works described in section 37-1101,  paragraph 4.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1155 - Prior use of public trust lands

37-1155.
Prior use of public trust lands
This state shall not claim compensation for any good faith use of public trust lands made before September 10,  1991 by the record owner or the record owner's lessee if all of the following conditions apply:
1. The landowner had record title to the land at the time of the use.
2. At the time of use,  the record landowner did not have actual knowledge,  nor did any recorded instrument disclose,  that the state had a sovereign claim to the land.
3. The record landowner used the land in a reasonable manner.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1156 - Riparian trust fund; acquisition and management of riparian lands

37-1156.
Riparian trust fund;  acquisition and management of riparian lands
A. The riparian trust fund is established consisting of monies received from the sale or use of sovereign streambed lands and resources under this chapter,  damages collected from the United States pursuant to section 37-1131 and any other appropriations,  gifts,  grants or donations designated by the donor for that purpose. The state shall maintain the fund separate and apart from all other funds. On notice from the commissioner the state treasurer shall invest and divest monies in the riparian trust fund as provided by section 35-313,  and monies earned from investment shall be credited to the riparian trust fund.
B. The state land commissioner shall use the income,  other proceeds and not more than seventy-five per cent of any added principal of the fund in a fiscal year pursuant to this section:
1. To acquire,  from willing sellers,  land or interests in land located in riparian areas in this state for public purposes consistent with conservation of wildlife and recreation.
2. For such other expenditures as promote the purposes of the public trust.
C. The state land commissioner shall consult with and receive advice from the Arizona state parks board and the Arizona game and fish department regarding the acquisition and management of land and interests in land under this section.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1201 - Declaration of policy

37-1201.
Declaration of policy
It is declared the policy of the legislature to promote the preservation of military airports in this state by facilitating the conservation of open space around military airports,  and thereby to protect and enhance the irreplaceable economic benefit that military airports directly and indirectly contribute to the communities and citizens of this state.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1202 - Definitions

37-1202.
Definitions
In this chapter,  unless the context otherwise requires:
1. " High noise or accident potential zone"  has the same meaning prescribed in section 28-8461.
2. " Landowner"  means any private person,  firm or corporation holding title to any land that is wholly or partially in territory in the vicinity of a military airport.
3. " Manager"  means the manager of the section.
4. " Military airport"  has the same meaning prescribed in section 28-8461.
5. " Section"  means the military airport land exchange section of the state land department.
6. " Subject property"  means private land that is to be offered in a proposed exchange pursuant to this chapter.
7. " Territory in the vicinity of a military airport"  has the same meaning prescribed in section 28-8461.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1221 - Military airport land exchange section; purpose; employees; compensation

37-1221.
Military airport land exchange section;  purpose;  employees;  compensation
A. Subject to the availability of monies in the military airport land exchange fund,  the military airport land exchange section is established within the state land department for the purpose of facilitating exchanges of federal land in this state for private land in territory in the vicinity of a military airport in this state.
B. All personnel and administrative costs shall be paid from the fund. The commissioner shall appoint a manager of the section,  who shall be responsible for the administrative functions of the section. With the commissioner's approval,  the manager may hire employees necessary to carry out this chapter.
C. Compensation for the manager and other employees of the section shall be determined pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1222 - Military airport land exchange proposal application; agreement

37-1222.
Military airport land exchange proposal application;  agreement
A. A landowner may apply to the section for assistance in preparing a proposal to exchange the landowner's land for land owned by a federal agency if the landowner's land is wholly or partially in a high noise or accident potential zone or if all of the following apply:
1. The landowner's land is undeveloped land.
2. The landowner's land is zoned for uses that are not compatible with the operation of a military airport as determined by the local jurisdiction.
3. The landowner agrees to a rezoning of the landowner's land to uses that are compatible with the operation of a military airport as a condition of an exchange proposed pursuant to this chapter.
B. An application pursuant to subsection A of this section shall include all of the following:
1. The name and address of the landowner.
2. A description of the location of the subject property.
3. The size of the subject property in acres.
4. A copy of the county tax assessor's map showing the subject property.
5. A copy of the zoning ordinance that applies to the subject property.
6. A list of any improvements that are on the subject property.
7. The current use of the subject property and,  to the extent known to the landowner,  a history of past uses of the subject property.
8. The landowner's preference for the general location of federal lands to be offered in a proposed exchange.
C. The section shall evaluate each application that it receives pursuant to this section and give written notice to the applicant of acceptance or rejection of the application by the section. If the section rejects an application,  the notice shall state the reason or reasons for the rejection and that the rejection is an appealable agency action pursuant to title 41,  chapter 6,  article 10. If the section accepts an application,  the notice shall indicate that the section agrees to assist the landowner in preparing a proposal for the exchange of the landowner's land for federal land if the landowner pays the fee prescribed in section 37-1223,  subsection A,  paragraph 1.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1223 - Powers and duties of the section; limitations

37-1223.
Powers and duties of the section;  limitations
A. If the section agrees to assist a landowner pursuant to section 37-1222,  subsection C,  the section shall:
1. Charge the landowner a fee for each acre of the subject property. The section shall deposit,  pursuant to sections 35-146 and 35-147,  monies received pursuant to this paragraph in the military airport land exchange fund established by section 37-1224 and shall use the monies to hire staff and support the operations of the section.
2. Evaluate the suitability of the subject property for exchange with federal land.
3. Coordinate with federal agencies to identify federal lands that are available and suitable for exchange for the subject property.
4. Prepare an exchange proposal for the landowner's review.
B. The section may:
1. Request a landowner to advance or incur costs of evaluations and studies that may be needed to prepare an exchange proposal including legal land surveys,  title reports,  appraisals,  environmental assessments and cultural and biological investigations. The section shall deposit,  pursuant to sections 35-146 and 35-147,  the monies collected under this paragraph in a separate account of the military airport land exchange fund and shall use the monies to contract for the evaluations and studies that are needed to prepare an exchange proposal.
2. Accept and spend grants,  gifts and contributions from individuals,  businesses,  cities,  towns,  counties,  other political subdivisions of this state,  other state agencies,  federal agencies and any other sources to hire staff and support the operations of the section.
3. At the request of the landowner,  present an exchange proposal to a federal agency.
4. Disburse monies in the military airport land exchange fund to a federal agency that agrees to an exchange proposed under this chapter to cover costs incurred by the agency in preparing the exchange.
C. The landowner shall be responsible for making all decisions and bearing all costs arising from an exchange proposed under this chapter. Neither the section nor the department shall be the landowner's agent. Assistance provided by the section to a landowner under this chapter is limited by the availability of monies in the military airport land exchange fund. An agreement under section 37-1222,  subsection C is not a guarantee or other assurance by the section,  the department,  this state or any agency of this state that a federal agency will exchange land with the landowner.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1224 - Military airport land exchange fund

37-1224.
Military airport land exchange fund
A. A military airport land exchange fund is established consisting of monies appropriated by the legislature,  fees deposited pursuant to section 37-1223,  subsection A,  paragraph 1 and monies deposited pursuant to section 37-1223,  subsection B. The commissioner shall administer the fund.
B. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the section.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1301 - Arizona department of forestry and fire management; state forester; appointment; qualifications

37-1301.
Arizona department of forestry and fire management;  state forester;  appointment;  qualifications
A. The Arizona department of forestry and fire management is established to provide for land management and the prevention and suppression of wildland fires on state land and on private property located outside of cities and towns.
B. The governor shall appoint a state forester pursuant to section 38-211. The state forester serves at the pleasure of the governor. The state forester is responsible for the direction,  operation and control of the Arizona department of forestry and fire management.
C. The qualifications of the state forester shall be either of the following:
1. Graduation from a full four-year college course with a bachelor's degree,  with a major in forestry,  including five years of technical experience in the forestry-land management field.
2. Ten years of successful and progressive technical experience in forestry and land management activities of such a nature as to enable the applicant to perform the duties of the state forester successfully at the professional level.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1303 - Suppression of wildfires; powers and duties of state forester; entry on private lands

37-1303.
Suppression of wildfires;  powers and duties of state forester;  entry on private lands
A. The state forester shall have authority to prevent,  manage or suppress any wildfires on state and private lands located outside incorporated municipalities and,  if subject to cooperative agreements,  on other lands located in this state or in other states,  Mexico or Canada. If there is no cooperative agreement,  the state forester may furnish wildfire suppression services on any lands in this state if the state forester determines that suppression services are in the best interests of this state and are immediately necessary to protect state lands.
B. In exercising the authority to prevent,  manage or suppress wildfires,  if the state forester declares a prohibition on fire-causing activities and fireworks,  the state forester shall post a notice of the action on the state forester's website and provide a copy of the notice to the news media and the original declaration to the Arizona state library,  archives and public records. The notice shall clearly state the types of prohibited activities,  where they are prohibited and whether permits that are issued by other governmental entities are affected by the action.
C. The state forester may request the governor to declare a wildland fire emergency pursuant to section 35-192. If liabilities are authorized under both sections 35-192 and 37-1305,  the authorization under section 37-1305 must be exhausted before any liabilities may be incurred under section 35-192.
D. The state forester may enter into cooperative agreements with other state and federal agencies,  departments and political subdivisions and any person for:
1. Prevention and suppression of wildfires.
2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states.
3. Activities pursuant to the wildfire suppression assistance act (P.L. 101-11;  103 Stat. 15;  42 United States Code sections 1856m through 1856o) in Mexico and Canada.
E. The state forester may enter private lands in performing the duties under this section.
F. The state forester may enter into agreements to utilize private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property.
G. Within a wildfire management area,  the state forester or the designated wildfire incident commander is not responsible for the safety or actions of any person or private entity contracted to provide wildfire protection services for private property.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1304 - Forestry administrative districts; equipment and personnel

37-1304.
Forestry administrative districts;  equipment and personnel
A. The state forester may establish state forestry administrative districts in all eligible areas of this state.
B. The state forester shall establish an equipment program in order to supply the forestry administrative districts. Equipment shall be supplied through both the federal excess property program and purchases of new equipment when warranted.
C. Subject to title 41,  chapter 4,  article 4,  the state forester may hire personnel in each such district or other most practical area based upon need and workload.
D. The state forester may:
1. Hire personnel and rent equipment on a temporary basis in order to monitor and suppress wild land fires occurring on state and private lands within any of the forestry administrative districts.
2. Cooperate with other federal,  state and local government agencies and any person to establish a reserve of personnel and equipment which may be utilized when needed to suppress wild land fires.
3. Adopt rules necessary to carry out the provisions of this subsection which shall be exempt from existing advertising and certification procedures.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1306 - Cooperative forestry fund; purpose; exemption

37-1306.
Cooperative forestry fund;  purpose;  exemption
A. The cooperative forestry fund is established. The state forester shall administer the fund.
B. Except as otherwise provided in this chapter,  the state forester shall deposit,  pursuant to sections 35-146 and 35-147,  in this fund all monies appropriated to this fund and monies received from individuals,  businesses,  any public agency as defined in section 11-951,  and any other sources.
C. Appropriations,  grants,  gifts and contributions hazardous vegetation removal received from any public or private source must be used for hazardous vegetation removal pursuant to section 37-483.
D. Monies deposited pursuant to an intergovernmental agreement or a memorandum of understanding entered into pursuant to section 37-483 must be used for the purposes outlined in the agreement or memorandum.
E. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the state forester.
F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1307 - State fire safety committee; members; terms; powers and duties; compensation; fire watch requirements

37-1307.
State fire safety committee;  members;  terms;  powers and duties;  compensation;  fire watch requirements
A. The state fire safety committee is established consisting of nine members who are appointed for three-year terms by the governor pursuant to section 38-211. The governor may remove any member from the committee for incompetency,  improper conduct,  disability or neglect of duty. Membership on the committee is as follows:
1. Two members,  not from the same municipality,  each of whom is a fire chief or fire marshal of a paid municipal fire department of a city with a population of one hundred thousand persons or more.
2. One member who is a fire chief of a paid municipal fire department of a town with a population of less than one hundred thousand persons.
3. One member who is a fire chief in a fire district of an unincorporated area in a county with a population of less than five hundred thousand persons.
4. One member who is a member of the Arizona fire chiefs association.
5. One member who is a registered architect.
6. One member who is a chief building official of a city,  town or county.
7. One member who is a member of the public.
8. One member who is a member of the public and who is engaged in the business of distributing,  selling or providing liquefied petroleum gas to consumers.
B. The state fire safety committee shall annually select from its membership a chairperson for the committee. The committee shall meet on the call of the chairperson or on the request of at least five members.
C. The state fire safety committee shall advise the office of the state fire marshal on all of the following:
1. The adoption of a state fire code.
2. The adoption of a fee schedule for permits,  plan submissions,  plan reviews and reinspections.
3. The allocation of monies from the arson detection reward fund established by section 37-1387.
D. Members of the committee are not eligible to receive compensation for service on the committee but are eligible for reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
E. If the state fire safety committee requires the use of a fire watch,  an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department,  and the person's only duty shall be to perform constant patrols of the protected premises while keeping watch for fires. The local jurisdiction shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection,  " fire watch"  means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1308 - Fire detection, prevention and suppression training for ranchers and landowners; immunity

37-1308.
Fire detection,  prevention and suppression training for ranchers and landowners;  immunity
A. To ensure that ranchers and landowners in this state are adequately equipped to protect their own property and neighboring property from forest and range fires,  the Arizona department of forestry and fire management shall develop a program to train individual or groups of ranchers and landowners to detect,  prevent and suppress forest and range fires within this state.
B. This state is not liable for any claim based on a rancher's or landowner's exercise or performance of,  or failure to exercise or perform,  any fire detection,  prevention or suppression activity that the landowner or rancher was trained to exercise or perform under subsection A of this section.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1309 - Nonnative vegetation species eradication fund; department duties; grants; annual report

37-1309.
Nonnative vegetation species eradication fund;  department duties;  grants;  annual report
A. The nonnative vegetation species eradication fund is established consisting of legislative appropriations for specific nonnative vegetation invasive species eradication projects. Monies in the fund are continuously appropriated to the Arizona department of forestry and fire management for the purposes of this section and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the state forester,  the state treasurer shall invest and divest monies in the fund as provided in section 35-313,  and monies earned from investment shall be credited to the fund.
B. The Arizona department of forestry and fire management shall:
1. Coordinate with the Arizona state land department on projects conducted on state trust land pursuant to this section.
2. Coordinate with the Arizona game and fish department on projects conducted pursuant to this section.
3. Monitor and oversee specific projects for which the legislature appropriates monies to the nonnative vegetation species eradication fund.
4. Provide grants to other state agencies,  cities,  towns,  counties,  Indian tribes and other political subdivisions of this state and to nonprofit organizations for nonnative vegetation invasive species eradication projects that will assist in preventing fire and flooding,  conserving water,  replacing nonnative vegetative species with native vegetative species and restoring habitat to wildlife. A grant recipient shall follow state and federal laws to preserve endangered species when implementing the nonnative vegetation invasive species eradication project.
5. Establish application procedures and qualification criteria for the grants. Grants awarded pursuant to this section shall be awarded in accordance with title 41,  chapter 24.
C. On or before September 1 of each year,  the Arizona department of forestry and fire management shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting the total expenditures from the previous year for grants for nonnative vegetation species eradication projects. The report shall indicate each project's expenditures,  the benefits of each project to the treated land,  the status of each project and the projected timeline for completion of each project.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-1310 - Emergency medical services on federal lands; payment; requirements; definition

37-1310.
Emergency medical services on federal lands;  payment;  requirements;  definition
A. Subject to legislative appropriation,  the state forester shall process and pay to a fire district with a population of less than five thousand inhabitants claims for expenses incurred in responding to emergency medical services calls on federal lands as follows:
1. The fire district shall submit an itemized claim for payment within ninety days after the emergency medical services response.
2. Within thirty days after receiving a complete and correct claim for payment,  the state forester shall complete the processing of the claim and pay the fire district.
B. For the purposes of this section,  " expenses" :
1. Includes personnel costs for personnel that directly respond to an emergency medical services call,  fuel costs,  costs for medical supplies and other costs the state forester determines are related to the response.
2. Does not include emergency medical services regulated pursuant to title 36,  chapter 21.1.