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2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4544 - Securing principal and interest; lien of pledge

48-4544.
Securing principal and interest;  lien of pledge
A. To secure the principal and interest on the bonds the board by resolution may:
1. Establish and segregate the bond fund into one or more accounts and subaccounts to secure bonds or other obligations of the district. Any of the accounts or subaccounts may be pledged or assigned to the bondholders as security for the bonds or to a trustee who may be appointed to act on behalf of the bondholders.
2. Provide that bonds issued under this article may be secured by a first lien on all or part of the monies paid into the bond fund or into any account or subaccount in the fund.
3. Pledge and assign to or in trust for the benefit of the holder or holders of the bonds all or part of the monies in the bond fund or an account or subaccount as is necessary to secure and pay the principal,  interest and any premium on the bonds as they come due.
4. Establish priorities among bondholders based on criteria adopted by the board.
5. Set aside,  regulate and dispose of reserves and sinking funds.
6. Provide that the proceeds from the sale of the bonds or from any other revenues of the district may be used to fully or partly fund any reserves or sinking accounts established by the bond resolution.
7. Prescribe the procedure,  if any,  by which the terms of any contract with bondholders may be amended or abrogated,  the amount of bonds the holders of which must consent to and the manner in which the consent may be given.
8. Provide for payment of bond related expenses from the proceeds of the sale of the bonds or other revenues available to the district.
9. Provide for the services of trustees,  co-trustees,  agents,  consultants and other specialized services with respect to the bonds.
10. Take any other action that in any way may affect the security and protection of the bonds or interest on the bonds.
B. Any pledge made under this article is valid and binding from the time when the pledge is made. The monies so pledged and received by the district to be placed in the bond fund are immediately subject to the lien of the pledge without any future physical delivery or further act. Any lien of any pledge is valid and binding against all parties who have claims of any kind in tort,  contract or otherwise against the district,  regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created,  when placed in the board's records,  is notice to all concerned of the creation of the pledge,  and those instruments need not be recorded in any other place to perfect the pledge.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4545 - Characteristics of bonds; negotiable; exemption from taxation; obligation; legal investments

48-4545.
Characteristics of bonds;  negotiable;  exemption from taxation;  obligation;  legal investments
A. Bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code regardless of whether the bonds constitute negotiable instruments under the uniform commercial code.
B. The bonds,  their transfer and the income from the bonds are at all times free from taxation in this state.
C. Bonds issued under this article:
1. Are payable only according to their terms.
2. Are obligations of the district and are not general,  special or other obligations of this state.
3. Do not constitute a legal debt of this state.
4. Are not enforceable against this state nor is payment of the bonds enforceable out of any monies other than the income and revenue pledged and assigned to,  or in trust for the benefit of,  the holder or holders of the bonds.
5. 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 institutions,  investment companies and other persons carrying on a banking business,  all fiduciaries and all other persons who are authorized to invest in government obligations may properly and legally invest. The bonds are also securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of government bonds or obligations.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4546 - Effect of changing circumstances on bonds; agreement of state

48-4546.
Effect of changing circumstances on bonds;  agreement of state
A. Bonds issued under this article are valid and binding obligations of the district notwithstanding that before the delivery of the bonds any of the persons whose signatures appear on the bonds cease to be officers of the district.
B. An amendment of any provision in this chapter does not diminish or impair the validity of bonds issued under this article or the remedies and rights of bondholders.
C. This state pledges to and agrees with the holders of the bonds authorized by this article that this state will not limit,  alter or impair the rights vested in the district to collect the monies necessary to produce sufficient revenue to fulfill the terms of any agreements made with the holders of the bonds,  or in any way impair the rights and remedies of the bondholders,  until all bonds issued under this article,  together with interest on the bonds,  interest on any unpaid installments of principal or interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders,  are fully met and discharged. The board,  as agent for this state,  may include this pledge and undertaking in its resolutions and indentures authorizing and securing its bonds.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4547 - Validity of bonds; certification by attorney general

48-4547.
Validity of bonds;  certification by attorney general
A. This article constitutes full authority for authorizing and issuing bonds without reference to any other law of this state. No other law with regard to authorizing or issuing obligations or that in any way impedes or restricts performing the acts authorized by this article may be construed to apply to any proceedings taken or acts done pursuant to this article.
B. The validity of bonds issued under this article is not dependent on or affected by the legality of any proceeding relating to the acquisition,  construction,  improvement or extension of a water replenishment project for which the bonds are issued.
C. The board may submit any bonds to be issued under this article to the attorney general after all proceedings for authorizing the bonds 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 proceedings comply with this article,  and if the bonds when delivered and paid for will constitute binding and legal obligations of the district,  the attorney general shall certify on the back of each bond,  in substance,  that it is issued according to the constitution and laws of this state.
D. The bonds shall recite that they are regularly issued pursuant to this article. That recital,  together with the certification by the attorney general under subsection C,  constitutes prima facie evidence of the legality and validity of the bonds. From and after the sale and delivery of the bonds,  they are incontestable by this state or the district.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4548 - Treasurer or fiscal agent; disposition of monies; investments

48-4548.
Treasurer or fiscal agent;  disposition of monies;  investments
A. The board may appoint a treasurer or fiscal agent to hold,  deposit and invest the district's monies.
B. No monies derived from selling bonds issued under this article or pledged or assigned to or in trust for the benefit of the holder or holders of the bonds may be paid into the state treasury. All such monies may be invested in obligations issued or guaranteed by the United States or any department,  agency or instrumentality of the United States or shall be deposited by the treasurer or fiscal agent in such financial institutions as may be designated by the board. The board may require all deposits of these monies to be secured by obligations of the United States. Such monies shall be disbursed as may be directed by the board and according to the terms of any agreements with the holder or holders of the bonds.
C. This section shall not be construed as limiting the power of the board to agree in connection with the issuance of any of its bonds as to the custody and disposition of the monies received from selling bonds or from the income and revenues pledged or assigned to or in trust for the benefit of the holder or holders of the bonds.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4549 - Bond fund; investments; expenditures; audit

48-4549.
Bond fund;  investments;  expenditures;  audit
A. The board shall establish and maintain a bond fund. After deducting the necessary costs and expenses of issuing and selling the bonds,  the treasurer or fiscal agent shall promptly deposit the proceeds from selling and delivering the bonds in the bond fund. The treasurer or fiscal agent shall separately maintain the fund from all other funds,  except that the treasurer or fiscal agent shall first apply those amounts of the bond proceeds stated in the resolution issuing the bonds to all reserve and sinking funds created in the bond resolution. The board may spend monies in the bond fund for any water replenishment purpose not inconsistent with the resolutions authorizing the bonds.
B. The board may order the investment of monies in the bond fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies,  sponsored agencies,  corporations,  sponsored corporations or instrumentalities and any investments authorized by any other agencies of the United States government that are authorized for use to secure public deposits or state,  county or municipal bonds issued in this state on which the interest payments have not been deferred. The investment order shall state the approximate time when the proceeds from the sale of the bonds shall be used for the purposes directed in the bond resolution,  and the treasurer or fiscal agent shall invest the proceeds from the sale of the bonds in such a way as to mature at the specified date.
C. The board shall use the monies or securities in the bond fund solely for the purposes stated in the bond resolution,  except that if the revenues pledged to secure the bonds become insufficient to pay the annual principal and interest on the bonds,  the board shall order the liquidation of the securities remaining in the fund and order the treasurer or fiscal agent to apply all such monies in the fund as may be necessary to make current all payments then due on the bonds.
D. The board shall cause an audit to be made of the bond fund,  including all accounts and subaccounts in the fund. The audit shall be conducted by a certified public accountant within ninety days after the close of the fiscal year. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as he deems necessary and take appropriate action relating to the audit or examination pursuant to title 41,  chapter 7,  article 10.1. If the auditor general takes no official action within thirty days after the audit is filed,  the audit is deemed sufficient. The board shall pay any fees and costs of the certified public accountant and auditor general under this section from the bond fund.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4571 - Violations; civil penalties

48-4571.
Violations;  civil penalties
A. A district member that fails to pay any tax or fee charged by the district by the prescribed date is subject to a civil penalty of not more than five thousand dollars per day that the assessment or fee is overdue.
B. The district shall bring an action to recover penalties under this section in the superior court in the county in which the district member is located.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4572 - Reporting requirements

48-4572.
Reporting requirements
The district shall determine the form and substance of any reports to be submitted by a district member in order to carry out the purposes of this chapter. Each report required by the district shall contain either a sworn statement or a certification,  under penalty of perjury,  that the information contained in the report is true and correct according to the best belief and knowledge of the person submitting the report.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4573 - Liens for delinquent taxes or fees

48-4573.
Liens for delinquent taxes or fees
A. If not paid by the due date specified by the district,  the replenishment tax or a fee imposed by this chapter constitutes a lien on the property of the district member.
B. On delinquency,  the district shall notify the district member that the district will file a lien on the subject property unless the past due taxes and fees are paid.
C. If delinquent replenishment taxes or fees are not paid,  the district shall prepare a notice and claim of lien and shall file the lien with the county recorder of the county in which the property is located. The notice and claim of lien shall contain the following:
1. A description of the property sufficient for identification.
2. The name of the district member and record owner of the property.
3. The amount owed.
D. When the lien is filed,  the cost of preparing,  processing and releasing the lien shall be added to the amount due.
E. From and after the date of recording in the office of the county recorder,  the lien attaches to the property until paid. A sale of the property to satisfy the lien shall be made on judgment of foreclosure and order of sale. The district may bring an action to enforce the lien in superior court at any time after its recording,  but failure to enforce the lien by such action does not affect its validity. The recorded notice and claim of lien are prima facie evidence of the truth of all recited matters and the regularity of all proceedings before recording the lien.
F. A prior recording for the purposes provided in this section is not a bar to the subsequent recording of a lien for such purposes,  and any number of such liens on the same property may be enforced in the same action.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4574 - Delinquent taxes or fees; interest; failure to file report; civil penalties; violation; classification

48-4574.
Delinquent taxes or fees;  interest;  failure to file report;  civil penalties;  violation;  classification
A. If a district member fails to pay a replenishment tax or fee when due,  the district shall charge interest at a rate of one per cent for each month or fraction of a month that the tax or fee remains delinquent.
B. If a district member fails to file a report as required by the district pursuant to section 48-4572,  the district may assess a penalty of up to one thousand dollars per day that the report is overdue.
C. The district may bring suit in superior court in the county in which the district member is located against any district member to collect any delinquent replenishment tax or fee. As a provisional remedy in any such action,  the district may seek an attachment against the property of any such defendant district member or the appointment of a receiver to collect revenues generated directly or indirectly to that district member from water produced for use by that member,  or both an attachment and the appointment of a receiver. Before applying to the court for an order of attachment or the appointment of a receiver,  the district shall mail notice to the district member stating the amount of the delinquency and the reason and remedy or remedies to be sought by the district. The district shall recover its costs and expenses,  including reasonable attorney fees,  court costs and costs incurred in executing the attachment or for the receiver. In addition to allowing recovery of costs to the district as allowed by law,  the court may fix and allow as part of the judgment interest and penalties as provided in subsections A and B of this section. The court may also assess a civil penalty in an amount of not more than ten thousand dollars per day that the assessments or fees are delinquent. If the district,  as a provisional remedy,  seeks an attachment of property or an appointment of a receiver pursuant to this subsection,  the district is not required to provide a bond.
D. Any person who violates this chapter by knowingly,  and with intent to evade the provisions of this chapter,  filing with the district any false or fraudulent information in a report that is required by the district pursuant to section 48-4572 is guilty of a class 2 misdemeanor. A person who continues the violation after notice is guilty of a separate offense for each day of the violation.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4575 - Unlawful interest in real property by board member or employee; violation; classification

48-4575.
Unlawful interest in real property by board member or employee;  violation;  classification
A. A member of the board or an employee of the district shall not have any direct or indirect financial interest in any real property for water replenishment needs as defined in section 48-4541,  paragraph 3 purchased with monies derived from issuing bonds.
B. A person who violates this section is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4802 - Formation

48-4802.
Formation
A. A water district may be organized in an active management area in which all of the following conditions exist on the date the district is organized:
1. The active management area:
(a) Has a management goal of safe-yield.
(b) Contains territory in at least three counties.
2. The population of the most populous city in the active management area does not exceed seven hundred fifty thousand persons according to the most recent United States decennial census.
B. The boundaries of the district shall be coterminous with the boundaries of the active management area.
C. The district shall be organized on the adoption of a resolution approving the district's formation approved by a majority vote of each of the governing bodies of:
1. A majority of the counties in which the active management area is located,  one of which must be the most populous county in the active management area.
2. The largest city by population in the active management area.
3. An irrigation district of more than one thousand acres in the active management area that levies district assessments under chapter 19,  article 9 of this title.
D. When each of the entities required under subsection C of this section has approved the formation of the district,  the groundwater users advisory council in the active management area shall:
1. Notify the governing bodies of each county,  city,  town and irrigation district and each water company in the active management area that the district is being organized and that the initial board of directors will be appointed pursuant to section 48-4803.
2. Publish the notice once each week for two consecutive weeks in a newspaper of general circulation in the active management area.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4803 - Initial board of directors; qualification and organization

48-4803.
Initial board of directors;  qualification and organization
A. The governor shall appoint the initial board of directors,  consisting of seven members,  as follows:
1. One member from a list of nominees submitted by the board of supervisors of the most populous county in the active management area.
2. One member from a list of nominees submitted by the mayor with the approval of the city council of the most populous city in the active management area.
3. One member from a list of nominees submitted jointly by:
(a) The mayor with the approval of the city council of the most populous incorporated city or town in the active management area that is located in a county other than the most populous county.
(b) The board of supervisors of the county in which the city or town referred to in subdivision (a) is located.
4. One member from a list of nominees submitted by public or private agricultural interests representing owners or lessees of two thousand or more acres of land having irrigation grandfathered rights in the active management area.
5. Three members from lists of nominees submitted by the active management area groundwater users advisory council for each of the following areas of interest:
(a) One member to represent mining interests,  from a list of nominees that may be submitted to the council by mining companies in the active management area.
(b) One member to represent water companies in the active management area that serve more than two thousand service connections,  from a list of nominees that may be submitted to the council by such water companies.
(c) One private citizen who resides in the active management area and who has no direct connection to or employment by any of the entity categories represented on the initial board.
B. No member of the active management area groundwater users advisory council may serve on the initial board.
C. Within thirty days after appointment each member of the initial board shall qualify for office by taking and subscribing the official oath.
D. If a vacancy occurs on the initial board,  it shall be filled in the same manner as the original appointment. A member so appointed shall qualify within thirty days after receiving notice of his appointment in the same manner as prescribed by this section and shall hold office as provided for other members of the initial board.
E. The initial board shall conduct its organization meeting within thirty days after the appointment of its final member pursuant to subsection A. The initial board shall immediately enter upon its duties and shall select a chairman,  vice-chairman and secretary-treasurer from among the members who shall hold office at the pleasure of the initial board.
F. Initial members are not eligible for compensation but are eligible for reimbursement of actual and necessary expenses while engaged in official business under order of the initial board.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4804 - Contest of formation; appeal

48-4804.
Contest of formation;  appeal
Any aggrieved person or entity may contest the formation of a district under this chapter by filing an action within thirty days after the initial board assumes office under section 48-4803 in superior court in the most populous county in the active management area. If more than one such contest is pending,  they shall be consolidated for trial. The court shall try the contest without delay and determine whether the district was properly organized and whether the initial board was properly appointed in substantial compliance with this article,  and enter judgment accordingly. If an action is not filed within thirty days under this section,  the formation of the district is presumed to be lawful and conclusive against all persons.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4805 - Corporate existence; rights and immunities; official name

48-4805.
Corporate existence;  rights and immunities;  official name
A. A district is a corporate body and political subdivision of this state 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 taxation.
B. The initial board,  by resolution,  shall establish the official name of the district,  which shall contain the words " water district" . The initial board shall provide written notice of the official name to the governor,  secretary of state and director of water resources and to the entities that submitted nominees for appointment to the initial board under section 48-4803.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4806 - Powers and duties of initial board; recommendation as to permanent organization or dissolution

48-4806.
Powers and duties of initial board;  recommendation as to permanent organization or dissolution
A. The initial board has all of the powers and responsibilities prescribed by this chapter unless specifically limited to the permanent board.
B. Not later than thirty months after the initial board conducts its organizational meeting under section 48-4803,  subsection E,  it shall either:
1. Prepare,  and adopt by resolution,  a plan of permanent operation and administration. Before finally adopting the plan the board shall hold at least one public hearing on the proposed plan. The resolution must be approved by a majority of the initial board,  and the approving majority must include the members serving on the initial board pursuant to section 48-4803,  subsection A,  paragraphs 1 and 2. The plan shall include a water resource augmentation plan under section 48-4854 and foreseeable water augmentation projects for the active management area and financing alternatives for each of the projects. The plan shall also prescribe transition procedures for converting to a permanent district under this chapter,  to be completed not later than a stated period of time after adopting the resolution. The initial board shall send copies of the proposed plan and the finally adopted plan to each county,  city,  town,  water company and irrigation district in the active management area,  the active management area groundwater users advisory council,  the director of water resources and each legislator whose district is in the active management area.
2. After a hearing and finding that a permanent district cannot feasibly function to the advantage of the water interests in the active management area,  recommend that the district be terminated and outline a plan to conclude the affairs of the district pursuant to section 48-4807 within a stated period of time after making the recommendation.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4807 - Dissolution

48-4807.
Dissolution
A majority of the board may propose that the district be dissolved,  but only if all contractual obligations and debts of the district are satisfied and another governmental entity or entities accept dedication of all district projects and of all water district groundwater replenishment obligations and other duties established under article 7 of this chapter. After a hearing,  the board shall adopt by resolution a plan of termination to be executed within a stated period of time after it is adopted. All property of the district that is not dedicated to another governmental entity shall be transferred to the department of water resources for use in the active management area. All unexpended and unencumbered monies of the district shall be deposited,  pursuant to sections 35-146 and 35-147,  in the fund account established for the active management area under section 45-615.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4831 - Permanent board of directors; qualification and organization; compensation

48-4831.
Permanent board of directors;  qualification and organization;  compensation
(L93,  ch 107 sec 15.)
A. The permanent board of directors shall consist of eleven persons,  each representing a separate division established pursuant to section 48-4834,  subsection A,  paragraph 2 plus one person appointed by the board of supervisors of any county in which fifty per cent or more of the assessed value of that county is located in the district. Each director shall be a qualified elector of a county located in whole or in part in the district and be a resident of the division or county that the director represents.
B. On adopting a plan of permanent operation and administration,  the initial board shall continue to constitute the district board until the elected directors of the permanent board are elected and qualify. At the next general election after the adoption of the plan of permanent operation and administration,  the directors from divisions 1 through 5 shall be elected to serve four year terms and the directors from divisions 6 through 11 shall be elected to serve two year terms. Thereafter,  all elected directors shall be elected to serve four year terms. Each director elected shall assume office on January 1 immediately following the election. The term of office and the time of assuming office for persons appointed to the permanent board by a board of supervisors are the same as for those persons elected from divisions 1 through 5.
C. Each member of the permanent board shall qualify for office by taking and subscribing the official oath. The official oath shall be filed with the permanent board.
D. If a vacancy occurs on the board,  the board shall nominate and the governor shall appoint a replacement from the division in which the vacancy occurs. A director so appointed shall qualify within thirty days after receiving notice of the appointment in the same manner as prescribed by this section and shall hold office for the remainder of the term to which the appointment was made.
E. The board shall select a chairman,  vice-chairman and secretary-treasurer from among the members who shall hold office at the pleasure of the board.
F. Board members are not eligible for compensation but are eligible for reimbursement of actual and necessary expenses while engaged in official business under order of the board.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4831; Version 2 - Permanent board of directors; qualification and organization; compensation

48-4831.
Permanent board of directors;  qualification and organization;  compensation
(L93,  ch 144 sec 1.)
A. The permanent board of directors shall consist of eleven persons,  each representing a separate division established pursuant to section 48-4834,  subsection A,  paragraph 2 plus one person elected at large from that portion of any county in which fifty per cent or more of the assessed value of that county is located in the district. Each director shall be a qualified elector of a county located in whole or in part in the district and be a resident of the division or that portion of the county that the director represents.
B. On adopting a plan of permanent operation and administration,  the initial board shall continue to constitute the district board until the directors of the permanent board are elected and qualify. At the next general election after the adoption of the plan of permanent operation and administration,  the directors from divisions 1 through 5 shall be elected to serve four year terms and the directors from divisions 6 through 11 and the at large county directors shall be elected to serve two year terms. Thereafter,  all directors shall be elected to serve four year terms.
C. Each member of the permanent board shall qualify for office by taking and subscribing the official oath. The official oath shall be filed with the permanent board.
D. If a vacancy occurs on the board,  the board shall nominate and the governor shall appoint a replacement from the division or that portion of the county in which the vacancy occurs. A director so appointed shall qualify within thirty days after receiving notice of the appointment in the same manner as prescribed by this section and shall hold office for the remainder of the term to which the appointment was made.
E. The board shall select a chairman,  vice-chairman and secretary-treasurer from among the members who shall hold office at the pleasure of the board.
F. Board members are not eligible for compensation but are eligible for reimbursement of actual and necessary expenses while engaged in official business under order of the board.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4832 - Elections; nominating petitions

48-4832.
Elections;  nominating petitions
A. A candidate for election to the permanent board as a division director shall be nominated by a petition signed by at least one hundred fifty qualified electors of the division in which the candidate resides. A candidate for election to the permanent board as an at large county director shall be nominated by a petition signed by at least one hundred fifty qualified electors of that portion of the county that is within the district.
B. If a division is located wholly in one county and for the at large board position for that county,  the nominating petition shall be filed with the clerk of the board of supervisors or the elections officer of that county as prescribed by title 16,  chapter 3.
C. If a division is located in two or more counties,  the nominating petition shall be filed as prescribed by title 16,  chapter 3,  with the county elections officer for the county with the highest number of registered voters within the district. The county election officer shall immediately notify the board of supervisors of each county included in the division. Each board of supervisors so notified shall provide for the manner of voting and conduct of the election as provided for in subsection D.
D. The names of the candidates for election to the permanent board shall be included on the election ballot of the division in which the candidate resides,  or on the election ballot for that portion of the county that is within the district,  as appropriate,  without party designation. The manner of voting and conducting the election for the directors shall conform to the provisions of law relating to the general election of county officers including compliance with any applicable federal voting laws.
E. Title 16,  chapter 2,  article 3 does not apply to any election held pursuant to this section.
F. All expenses for the election of members of the permanent board incurred pursuant to this section are the responsibility of the county or counties involved. If a division is located in two or more counties,  election expenses for that division shall be shared proportionately based on the number of qualified electors of each county who are residents of the division.
G. Candidates for the permanent board and their campaign committees shall register with and report to the secretary of state and otherwise comply with the requirements of title 16,  chapter 6,  regarding elections under this section.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4833 - Meetings; agenda

48-4833.
Meetings;  agenda
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 the public notices required by law.
B. The district is a public body for purposes of title 38,  chapter 3,  article 3.1.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4834 - Administrative powers and duties; division boundaries; executive director and employees; annual report

48-4834.
Administrative powers and duties;  division boundaries;  executive director and employees;  annual report
A. The board shall:
1. 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.
2. Determine the boundaries of the divisions in the district that shall be numbered respectively divisions 1 through 11. After each United States decennial census the board shall define the boundaries and limits of each division and shall:
(a) Make the divisions equal or as nearly equal in population as is practicable,  based on the census.
(b) Make the configuration of each division as compact as practicable consistent with equal population.
(c) Preserve existing communities of interest within the same division to the extent practicable.
(d) If possible,  align the divisions over identified groundwater sub-basins and the division boundaries along existing voting precinct boundaries,  survey lines or political or administrative boundaries.
B. The board may:
1. Manage,  set policy and conduct the business and affairs of the district.
2. Make and execute all necessary contracts,  including intergovernmental agreements pursuant to title 11,  chapter 7,  article 3.
3. Sue and be sued.
4. Adopt a seal for the district to be used to attest to documents.
5. Provide for payment of all debts and appropriate claims against the district from the appropriate funds.
6. Employ an executive director and such administrative,  legal,  engineering,  accounting,  clerical and other staff as may be necessary and prescribe the duties,  terms and conditions of employment.
7. Retain outside professional services,  including legal counsel.
8. Acquire suitable offices,  furnishings and necessary equipment and supplies.
9. Perform all other acts necessary to carry out the purposes of this chapter.
C. The board shall prepare and publish an annual report on or before December 1 each year containing a full and complete account of its transactions and proceedings for the preceding fiscal year and other facts and recommendations deemed to be of public value. This annual report may include and may be combined with the financial report prescribed by section 48-4888. The district shall make copies of the annual report available to the public on request.
D. All employees shall be selected on a nonpartisan basis according to their qualifications. The executive director shall serve at the pleasure of the board.
E. Immediately on organization,  the permanent board shall initiate proceedings to determine the application of federal voting laws to the district and shall take any necessary action to comply with the applicable federal law.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4835 - Advisory council

48-4835.
Advisory council
A. As part of a plan of permanent operation and administration adopted under section 48-4806,  subsection B,  paragraph 1,  the initial board shall determine the size and representative nature of a permanent advisory council to the permanent board. The advisory council shall include representatives of mining,  agricultural and environmental interests,  water companies,  each incorporated city and town in the district and each county located in whole or in part in the district.
B. The advisory council shall have the powers,  functions and duties prescribed by the plan of permanent operation and administration including mandatory oversight and review and the right to make recommendations to the permanent board regarding the capital and operating budgets of the district and any planned projects of the district.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4851 - Cooperation with governmental entities

48-4851.
Cooperation with governmental entities
A. The district shall cooperate,  coordinate and confer with the director of water resources,  state agencies,  other special districts,  authorities and other political subdivisions of this state and the United States with respect to matters within their jurisdiction relating to augmenting water supplies of the active management area and developing state water plans.
B. In acquiring,  constructing and operating projects,  the district,  consistent with the purposes and policies of this chapter,  shall cooperate with established and existing organizations for use of or interconnection with suitable diversion,  withdrawal,  transportation,  delivery,  treatment,  storage or recharge facilities.
C. Any operating unit,  or combination of operating units,  may request the district to exercise its powers and privileges in making any project or proposed project survey or investigation,  or for assistance in initiating or completing any works or projects authorized by this chapter.
D. The district may act as:
1. A bargaining and negotiating agency on the request of an operating unit in transactions and dealings between the various departments of the federal government.
2. A connecting,  intermediate or contracting medium for operating units when,  for united or joint participation,  such a medium is convenient or essential to the receipt,  acceptance or enjoyment by the operating units of any financial proposals,  grants or other benefits made available under any statute or by any entity.
3. A coordinating,  clearing,  administering or supervising instrumentality by and through which operating units may cooperate or unite through or by contracts or agreements in applying or pooling their resources,  functional rights or privileges for common purposes contemplated under this chapter.
4. An agency to enhance the water supply for the active management area for purposes of section 45-576.
E. Operating units may enter into contracts,  agreements and arrangements,  including intergovernmental agreements under title 11,  chapter 7,  article 3,  which may be necessary to accomplish the purposes of this section. If convenient and essential to accomplish such purposes,  the operating units and the district may associate themselves in a cooperative corporation under the incorporation laws of this state,  and it is the duty of each party to do and perform all things on their respective parts under that association.
F. This section shall not be construed to alter any debt limitation of the operating units.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4852 - Limitation on powers

48-4852.
Limitation on powers
This chapter shall not be construed to modify,  alter or change the functions,  powers,  duties,  rights and liabilities prescribed under title 45,  chapters 1,  2 and 3. This chapter does not authorize the district to:
1. Engage in the retail distribution of water within the service area of a city,  town,  water company or irrigation district without the written authorization of the city,  town,  water company or irrigation district.
2. Regulate the acquisition,  use or disposal of water or rights to water except as specifically provided by this chapter or pursuant to contractual agreements that are consistent with this chapter.
3. Sell,  resell,  deliver or distribute electricity or other forms of energy to others.
4. Acquire any water except:
(a) Water from within the Tucson active management area.
(b) Effluent.
(c) Central Arizona project water.
(d) Central Arizona project water from Indian tribes.
(e) Colorado river water having a priority earlier than September 30,  1968 from an irrigation district having an entitlement to such water,  but only with the consent of the irrigation district and upon such terms as the irrigation district may specify.
5. Acquire electrical power and energy that is sold,  offered for sale or otherwise disposed of pursuant to title 30,  chapter 1 or title 45,  chapter 10.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4854 - Planning

48-4854.
Planning
In conjunction and cooperation with the director of water resources,  the groundwater users advisory council and operating units in the active management area,  and consistent with the management plan adopted for the active management area under title 45,  chapter 2,  article 9,  the district shall:
1. Develop a comprehensive water resource augmentation plan for the active management area to guide the development of water augmentation efforts in the active management area.
2. Coordinate water conservation efforts to encourage pooling the resources of all operating units in the active management area to maximize conservation of the existing water sources in the active management area.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4855 - Acquisition of water

48-4855.
Acquisition of water
A. The district,  subject to the limitations described in section 48-4852,  paragraph 4,  may:
1. Negotiate to acquire in its own name,  or on behalf of an operating unit located in the active management area,  water and rights to water which may be legally available to augment the water supply of the active management area. The district shall not acquire a nonrenewable water source from an area outside its own active management area.
2. Sell or exchange any water it acquires in its own name to or with any operating unit in the active management area under such terms as are necessary to ensure the use of the water in a manner consistent with the management goal and plan of the active management area prescribed under title 45,  chapter 2,  article 9 and the water augmentation plan developed under section 48-4854.
3. Sell,  lease,  exchange,  hold,  sever,  transfer or retire water rights.
4. Negotiate and enter into agreements to use existing facilities to transport water to the active management area and within the active management area.
5. Apply for and hold,  in its own name or on behalf of an operating unit or units,  permits that are required by law to engage in any of the activities described in this chapter.
B. The district shall not by contract obligate or bind itself to take delivery of any water until it develops a means to store or dispose of the water.
C. In acquiring,  selling,  leasing,  exchanging,  holding,  severing,  transferring or retiring any water or rights to water,  the district shall comply with any applicable federal or state law,  regulation,  rule,  order,  permit or other requirement applicable to the water or rights to water.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-4856 - Acquisition of property; limited eminent domain authority; survey rights

48-4856.
Acquisition of property;  limited eminent domain authority;  survey rights
A. The legal title to all property and property rights acquired under this chapter vests in the district 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. Take conveyances for all property acquired by the district in the name of the district.
3. Sell,  lease,  exchange or otherwise dispose of any property of the district which is no longer necessary or suitable for the uses and purposes of the district and execute,  acknowledge and deliver all such conveyances,  leases,  contracts or other instruments as the board deems necessary.
4. Institute and maintain actions and proceedings necessary to enforce,  maintain,  protect or preserve all rights,  privileges and immunities created or granted by this chapter relating to acquiring,  owning and disposing of property.
C. The board may institute condemnation proceedings in the name of the district,  and all statutes of this state relating to the exercise of eminent domain apply to the proceedings,  except that the board may not exercise the right of eminent domain:
1. Outside of the active management area.
2. To condemn land or existing projects or facilities owned by any governmental entity or person for the purpose of condemning water rights or existing water production,  delivery or storage systems.
3. To acquire electrical facilities,  whether real or personal property,  or to make an extension or addition in order to serve areas that are already lawfully served.
D. Agents,  employees and representatives of the board may enter any land on reasonable notice to the owner or occupant to survey or locate necessary works,  rights-of-way or structures for the purposes of the district.