reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1426 - Limitations on powers

45-1426.
Limitations on powers
Notwithstanding section 45-1425,  the board of supervisors of Pinal county shall not exercise any power or authority granted by section 45-1425,  nor shall it undertake or cooperate in either the planning,  authorization,  construction,  acquisition,  extension,  improvement,  maintenance,  or operation of any flood control structures,  dams,  systems or projects on any portion of a watershed supplying water to any dam and reservoir existing within the state of Arizona having a designed water storage capacity of fifty thousand acre feet or more,  or to any existing diversion dam and canal system having facilities within the state of Arizona designed to divert and carry not less than one thousand cubic feet per second,  without first having obtained the written consent of the agency,  district,  association,  company or organization owning or operating or being served by such dam,  reservoir,  diversion dam and canal system. Such consent,  however,  shall only be required from irrigation districts and agricultural improvement districts organized pursuant to the laws of the state of Arizona as defined under title 48,  and any other associations or organizations operating such dams,  reservoirs,  diversion dams and canal systems as a part of a federal reclamation project.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1427 - Power of Cochise, Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas to cooperate with the United States in flood control projects

45-1427.
Power of Cochise,  Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas to cooperate with the United States in flood control projects
A. The boards of supervisors of Cochise,  Graham and Gila counties and the governing bodies of the towns of Safford and Thatcher and the city of Douglas are empowered to cooperate with the United States or any instrumentality,  department or agency thereof for the construction,  as authorized by any act of Congress,  of a flood control project or projects within the county for local flood protection.
B. Pursuant to the powers granted by the provisions of subsection A,  Cochise,  Graham and Gila counties and the towns of Safford and Thatcher and the city of Douglas are authorized in relation to the flood control project or projects described in subsection A of this section to:
1. Acquire and provide,  without cost to the United States,  land,  easements and rights of way necessary for the construction of flood control projects.
2. Hold and save the United States or any instrumentality,  department or agency thereof,  free from any claim for damages arising from the construction,  maintenance and operation of flood control projects.
3. Construct and carry out,  maintain and operate,  upon completion,  all such works in accordance with regulations prescribed by the secretary of the army,  or any authorized agent of the United States.
4. Establish and enforce flood-channel limits and regulations,  if any,  satisfactory to the secretary of the army.
5. Enter into an agreement with the federal government for the payment,  on a pro rata basis,  of the cost of construction and maintenance of any project under the provisions of this section.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1428 - Limitations on powers

45-1428.
Limitations on powers
Notwithstanding section 45-1427,  neither the boards of supervisors of Cochise,  Graham or Gila counties nor the governing bodies of the towns of Safford or Thatcher or the city of Douglas shall exercise any power or authority granted by section 45-1427,  nor shall they undertake or cooperate in either the planning,  authorization,  construction,  acquisition,  extension,  improvement,  maintenance,  or operation of any flood control structures,  dams,  systems or projects on any portion of a watershed supplying water to any dam and reservoir existing within the state of Arizona having a designed water storage capacity of fifty thousand acre feet or more,  or to any existing diversion dam and canal system having facilities within the state of Arizona designed to divert and carry not less than one thousand cubic feet per second,  without first having obtained the written consent of the agency,  district,  association,  company or organization owning or operating or being served by such dam,  reservoir,  diversion dam and canal system. Such consent,  however,  shall only be required from irrigation districts and agricultural improvement districts organized pursuant to the laws of the state of Arizona as defined under title 48,  and any other associations or organizations operating such dams,  reservoirs,  diversion dams and canal systems as a part of a federal reclamation project.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1429 - Power of Santa Cruz county to cooperate with and receive assistance from the United States in flood control projects

45-1429.
Power of Santa Cruz county to cooperate with and receive assistance from the United States in flood control projects
A. The board of supervisors of Santa Cruz county is empowered to cooperate with and receive assistance from the United States or any instrumentality,  department or agency thereof for the construction,  at the expense of the United States,  as authorized pursuant to any act of Congress,  of a flood control project or projects within the county for local flood control.
B. Pursuant to the powers granted by the provisions of subsection A,  the board of supervisors of Santa Cruz county is authorized in relation to the flood control project or projects described in subsection A to:
1. Acquire and provide,  without cost to the United States,  land,  easements and right of ways necessary for flood control works of improvement.
2. Hold and save the United States or any instrumentality,  department or agency thereof,  free from any claim for damages arising from the construction,  maintenance and operation of flood control works of improvement.
3. Construct,  carry out,  maintain and operate all such works in accordance with regulations prescribed by the secretary of the army or any authorized agent of the United States.
4. Establish and enforce flood-channel limits and regulations,  if any,  satisfactory to the secretary of the army or any authorized agent of the United States.
C. Notwithstanding anything to the contrary herein set forth,  the board of supervisors of Santa Cruz county shall not exercise any power or authority granted by paragraphs A and B hereof,  nor shall they undertake or cooperate in either the planning,  authorization,  construction,  acquisition,  extension,  improvement,  maintenance or operation of any flood control structures,  dams,  systems or projects on any portion of the Santa Cruz river watershed,  or its tributaries,  without having first obtained written consent of the city of Tucson,  the town of Eloy,  the city of Casa Grande,  and of any and all irrigation districts or electrical districts,  the whole or any part of whose underground or surface waters are obtained and derived from the Santa Cruz river and the tributaries.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1441 - Definitions

45-1441.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Design flood"  means a selected flood against which protection is provided,  or eventually will be provided,  by means of flood protective or control works. When a federal survey has been authorized the design flood will be determined by the appropriate federal agency and in all other cases it will be determined by the responsible public agency. It is the basis for design and operation of a particular project after full consideration of flood characteristics,  frequencies,  and potentials and economic and other practical considerations.
2. " Designated floodway"  means the channel of a stream and that portion of the adjoining flood plain required to reasonably provide for the construction of a project for passage of the design flood,  including lands necessary for construction of project levees.
3. " Flood control project"  means any project for flood control purposes on which construction commences after April 19,  1973 and which either:
(a) Is authorized under federal law and requires local participation.
(b) Is authorized under state law.
4. " Lands,  easements and rights-of-way"  means:
(a) Lands and rights of interest in lands necessary for flood control storage,  channel improvements and channel rectifications.
(b) Lands,  rights or interests in lands necessary in connection with the construction,  operation or maintenance of such storage,  channel improvements and rectifications,  including those necessary for flowage purposes,  spoil areas,  borrow pits or for access roads.
(c) The cost of the relocation,  reconstruction or replacement of existing improvements,  structures or utilities rendered necessary by such channel improvements and rectifications.
(d) Land enhancement costs,  if any,  charged to a public agency by a federal agency in connection with construction of a flood control project.
5. " Public agency"  means any state agency or political subdivision of the state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1442 - Investigation and certification by director of water resources

45-1442.
Investigation and certification by director of water resources
Any public agency may request the director of water resources to investigate any flood control project in this state and report to the legislature the results of its investigation,  and the director shall certify to the legislature the date state funds should be appropriated to pay the cost of state participation in such project and the estimated amount.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1443 - Limitation on expenditure of funds

45-1443.
Limitation on expenditure of funds
A. The director shall not disburse any funds for a flood control project defined by section 45-1441,  paragraph 3,  subdivision (a) until the legislature has appropriated funds to contribute toward the local cost of land,  easements and rights-of-way for that project. The director shall not undertake the construction of flood control projects.
B. Prior to the federal government budgeting funds for the construction of a flood control project,  the director may only disburse the state's portion of the costs incurred by a public agency in acquiring fee title to real property necessary for such project. At such times as the federal government does budget funds for the construction of any flood control project in this state,  the director may then disburse the state's portion of the costs for easements and rights-of-way.
C. If a public agency receives the state's portion of costs for acquiring fee title to lands,  easements and rights-of-way,  which are subsequently found to be unnecessary for a flood control project,  the public agency shall,  within a reasonable time,  sell such lands,  easements and rights-of-way at fair market value and return to the state one-half the net amount of money realized from such sale after deducting direct expenses of the sale,  or may retain such lands,  easements or rights-of-way,  and return to the state one-half of the fair market value of such lands,  easements and rights-of-way.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1444 - Floodplain regulations; effect of failure to adopt

45-1444.
Floodplain regulations;  effect of failure to adopt
The director shall not disburse any monies pursuant to this chapter to pay any costs of lands,  easements and rights-of-way for a flood control project defined by section 45-1441,  paragraph 3,  subdivision (a) for which the appropriate public agency fails to establish,  within a reasonable time after notification by the director,  the necessary floodplain regulations for the area classified as a designated floodway by the director upon review of the complete federal or federally assisted project report.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1445 - Flood control assistance fund; limit of financial assistance

45-1445.
Flood control assistance fund;  limit of financial assistance
A. A flood control assistance fund is established. All or part of an appropriation to the fund may be allocated for a specific flood control project defined by section 45-1441,  paragraph 3,  subdivision (a). All payments for flood control assistance under this article shall be made from the fund. The monies in the fund are exempt from section 35-190,  relating to lapsing of appropriations.
B. The state may contribute funds not to exceed one-half of the non-federally supported cost solely for lands,  easements and rights-of-way necessary in connection with the construction of any federal or federally assisted flood control project recommended by the director,  subject to appropriation of monies by the legislature.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1446 - Time for determining costs; change of determination

45-1446.
Time for determining costs;  change of determination
A. The state's portion of the costs of lands,  easements and rights-of-way shall be determined by the director at or prior to the time the director submits his report to the legislature recommending an appropriation for such project.
B. The state's portion of such costs shall not be changed unless there are major project changes made in the plan of improvement,  in which case the director,  prior to the next appropriation of state funds for the project,  shall review the project and make such reports and recommendations to the legislature as he deems justified by the project changes.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1447 - State and United States held harmless; nonliability

45-1447.
State and United States held harmless;  nonliability
The director shall not disburse any monies appropriated pursuant to this chapter or any special appropriations for flood control unless and until a public agency has in writing assumed the obligations of maintenance and provided this state and,  if applicable,  the federal government with written indemnification from damages due to the construction of flood control projects.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1448 - Disbursement to public agencies

45-1448.
Disbursement to public agencies
A. Money appropriated to the director for flood control projects shall be disbursed to public agencies upon order of the director after application by such agencies showing the necessity,  purpose and use to be made of such monies.
B. The director shall disburse monies appropriated for flood control projects or special appropriations for flood control if the director determines that either:
1. All local monies necessary for the project are available.
2. A public agency has made necessary advances or incurred obligations for the purpose of expediting projects for which such monies are required and giving such other information as the director may require.
C. The director may require interim reports for flood control projects and flood control funded by special appropriations detailing expenditures of disbursed sums and containing such additional information as required by the director.
D. The director may refuse to make any disbursement of any of the monies available if the provisions of this chapter are violated.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1449 - Report to legislature

45-1449.
Report to legislature
The director shall report to the legislature,  within fifteen days after the commencement of each regular session,  on the disbursal or refusal to disburse money appropriated to him by the legislature for purposes of this chapter and on the disbursal or refusal to disburse monies in any special appropriations for flood control.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1450 - Consideration of water uses in studying flood control projects

45-1450.
Consideration of water uses in studying flood control projects
In studying flood control projects,  the director shall give full consideration to all beneficial uses of the state's water and other natural resources,  including,  but not limited to,  irrigation,  generation of electric energy,  municipal and industrial consumption of water and power,  recharge of groundwater basins,  preservation and development of fish and wildlife resources and recreational facilities in order that recommendations may be made as to the feasibility of such projects and the method of financing feasible projects. Nothing in this chapter shall affect existing water rights.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1451 - Powers and duties of director

45-1451.
Powers and duties of director
A. The director,  or his duly authorized representative,  may call,  conduct,  attend or otherwise participate in conferences or hearings,  official or unofficial,  within or without this state,  with interested persons,  agencies or officers of this or any other state or the federal government,  concerning flood control and floodplain management.
B. The director shall keep informed as to any activities,  requirements or procedures of the federal government,  or any of its departments or agencies,  affecting any proposed flood control projects within the scope of this chapter.
C. The director shall:
1. Collect and file data.
2. Make necessary studies and surveys.
3. Make investigations.
4. Prepare plans and estimates for costs and benefits of all proposed water development projects.
5. Determine the damage created by floodwaters.
6. Encourage the creation and development of flood control and water conservation plans and activities of the several counties,  cities,  state agencies and public districts.
7. Cooperate with the federal government or any of its departments or agencies,  counties,  cities,  state agencies or public districts in carrying out measures for control,  storage or use of waters in streams,  rivers or other waterways,  and the watersheds thereof within this state.
8. Adopt rules for dispensing monies appropriated by the legislature pursuant to this chapter and for dispensing monies in special appropriations for flood control.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1471 - Alternative flood control assistance to flood control districts

45-1471.
Alternative flood control assistance to flood control districts
A. Any flood control district organized pursuant to title 48,  chapter 21 may,  subject to available appropriations,  qualify for assistance from this state for any flood control project defined by section 45-1441,  paragraph 3,  subdivision (b) if such project is being developed pursuant to a plan developed pursuant to section 48-3617.
B. Assistance granted pursuant to this article shall be administered by the director of water resources and shall not exceed for any single flood control project an amount equal to fifty per cent of the total cost of the flood control project or five million dollars,  whichever amount is less.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1473 - Prohibition on assistance for failure to adopt floodplain regulations

45-1473.
Prohibition on assistance for failure to adopt floodplain regulations
The director shall not expend or disburse any monies pursuant to this article for the following functions located or to be located in an area for which the appropriate public agency has failed to adopt and enforce for its area of jurisdiction floodplain regulations required by title 48,  chapter 21:
1. Flood control works.
2. Flood repairs.
3. Flood hazard mitigation.
4. Assistance in developing flood control plans or delineating floodplains.
5. Payment of any costs of lands,  easements or rights-of-way or for any other purpose for a flood control project.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1491 - Flood control loans

45-1491.
Flood control loans
A. The director of water resources may grant loans to defray the cost to a county flood control district,  organized pursuant to title 48,  chapter 21,  for flood control projects eligible for alternative flood control assistance under article 4 of this chapter. Loans may be granted,  subject to the provisions of this article,  in such manner and upon such terms and conditions as may be prescribed by the director.
B. Upon application,  the director shall make full and careful investigation of the qualifications of the applicant district and the proposed project. The director shall determine whether the proposed project would provide meaningful flood control and is in the best interests of this state.
C. The loans granted by the director shall be for not more than twenty-five per cent of the cost of a project or two and one-half million dollars,  whichever is less,  and for a term of not more than twenty years.
D. The loans shall bear interest at the following rates:
1. If the loan is for a term of not more than five years,  the rate is three per cent per year.
2. If the loan is for a term of more than five years,  but not more than ten years,  the rate is five per cent per year.
3. If the loan is for a term of more than ten years,  the rate is six per cent per year.
E. Each loan shall be evidenced by a contract between the district and the director,  acting on behalf of this state. The contract shall provide for the loan by this state of a stated sum defraying up to twenty-five per cent of the costs of the flood control project. The contract shall provide for equal annual payments of principal and interest for the term of the loan.
F. The district board shall each year levy a tax sufficient to pay the annual amount of principal and interest due on the loan.
G. The attorney general may commence whatever actions are necessary to enforce the contract and achieve repayment of loans provided by the director pursuant to this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1501 - Definitions

45-1501.
Definitions
In this article,  unless the context otherwise requires:
1. " Flood warning system"  means a project or series of projects to detect floods and develop flood preparedness plans and may include the system known as the automatic local evaluation in real time system.
2. " Local entity"  means a city,  town,  county,  political subdivision or drainage and flood control district organized under title 48,  chapter 18 or 21 or any other special taxing district organized under title 48.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1502 - Powers

45-1502.
Powers
The director may:
1. Cooperate and coordinate with the federal government or any of its departments or agencies and local entities to establish a flood warning system for this state.
2. Disburse monies from the flood warning system fund pursuant to section 45-1504.
3. Provide technical assistance to local entities to develop and maintain a flood warning system for this state.
4. Employ staff to provide technical assistance.
5. Enter into intergovernmental agreements for the purposes stated in this article.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1503 - Flood warning system fund

45-1503.
Flood warning system fund
A. A flood warning system fund is established for developing a flood warning system,  purchasing flood warning system equipment and providing assistance to local entities on a cost sharing basis for the planning,  design,  installation,  operation and maintenance of flood warning systems. The director shall administer the fund.
B. The flood warning system fund shall consist of monies from legislative appropriations,  grants and contributions from other public agencies.
C. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.
D. Monies in the fund are exempt from lapsing under section 35-190.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1504 - Flood warning system grants

45-1504.
Flood warning system grants
A. The director may grant monies from the flood warning system fund established by section 45-1503 either by advancing monies or by making reimbursements to local entities eligible for flood warning system assistance under this article to defray the cost to the local entity of the following:
1. Plan and design of a flood warning system.
2. Purchase of equipment necessary to install a flood warning system.
3. Installation of flood warning system equipment.
4. Initial operation of the system including hydrologic and hydraulic modeling and system calibration.
B. On application,  the director shall make a full and careful investigation of the qualifications of the applicant and the proposed project. The director shall determine whether the proposed flood warning system would provide meaningful flood warning and is in the best interest of this state.
C. No grant may be for more than seventy-five per cent of the cost of equipment necessary to install the flood warning system.
D. Each grant shall be evidenced by an intergovernmental agreement between the local entity and the director,  acting on behalf of this state.
E. Grants may be awarded subject to this article in the manner and on the terms and conditions as may be prescribed by the director. Grants made pursuant to this article are exempt from title 41,  chapter 23.
F. The director shall not grant any monies from the flood warning system fund to a local entity in an area for which the appropriate public agency has failed to adopt and enforce for its area of jurisdiction floodplain regulations required by title 48,  chapter 21.
G. Grants may be made directly to the director pursuant to this section for the purpose of planning,  designing,  installing,  operating and maintaining a flood warning system. Grants made directly to the director shall be evidenced by a written scope of work.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1505 - Operation and maintenance of flood warning system

45-1505.
Operation and maintenance of flood warning system
A. The local entity with an intergovernmental agreement with the director regarding a component of a flood warning system is responsible for the operation and maintenance of that component.
B. The director may provide training,  technical assistance and ongoing oversight to the local entity responsible for a component of the flood warning system.
C. If maintenance of a component of the flood warning system is required and the local entity with an intergovernmental agreement with the director for that component does not complete the required maintenance within fifteen days of written notice of the required maintenance from the director,  the director may complete the required maintenance.
D. In the director's sole discretion,  the director may charge a local entity for the costs actually incurred in completing required maintenance or providing ongoing oversight of the operation and maintenance of a component of the flood warning system. On behalf of the department,  the attorney general may commence whatever actions are necessary to collect payment of charges imposed pursuant to this subsection.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1506 - Immunity of state from liability for losses

45-1506.
Immunity of state from liability for losses
This state,  its departments,  agencies,  officials,  employees and agents and any local entities as defined in section 45-1501 are immune from liability for losses arising from damage,  theft,  change of location or the partial or total failure of any plan,  design,  installation,  operation or maintenance of a flood warning system.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1603 - Application fee; statement accompanying application

45-1603.
Application fee;  statement accompanying application
A. At the time of applying for the license,  the applicant shall pay to the director a fee of one hundred dollars,  and shall file an application in the form prescribed by the director and furnish a statement showing:
1. The name and address of the applicant.
2. The names of the operating personnel,  and if unincorporated all individuals connected with the organization,  or if a corporation the names of each of the officers and directors thereof,  together with the address of each.
3. The scientific qualifications of all operating or supervising personnel.
4. A statement of all other contracts completed or in process of completion at the time the application is made,  giving the names and addresses of the persons to whom the services were furnished and the areas in which such operations have been or are being conducted.
5. Methods of operation the licensee will use and the description of the aircraft,  ground and meteorological services to be utilized.
6. Names of the contracting parties within the state,  including:
(a) The area to be served.
(b) The months in which operations will be conducted.
(c) The dates when evaluations will be submitted.
B. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received under this section in the water resources fund established by section 45-117.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1604 - Reports required from licensees; failure to file; revocation of license

45-1604.
Reports required from licensees;  failure to file;  revocation of license
Each licensee shall,  within ninety days after conclusion of any weather control or cloud modification project,  file with the director a final evaluation of the project. Each six months during the operation of any project which has not been completed each licensee shall file a report evaluating the operations for the preceding six months in the project. Failure to file such reports constitutes grounds for immediate revocation of the license.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1605 - Equipment license; fee; application; reports required; revocation of license

45-1605.
Equipment license;  fee;  application;  reports required;  revocation of license
A. Any individual or corporation engaging in manufacturing,  selling or offering for sale,  leasing or offering to lease,  licensing or offering to license equipment and supplies designed for weather control or cloud modification shall,  before engaging in such manufacture,  sale or offering for sale,  procure a license from the director. The license shall be issued upon payment of a license fee of ten dollars and the filing of an application which shall show:
1. The name and address of the applicant.
2. The full description of the type and design of the equipment and supplies manufactured and sold by the applicant.
3. The operating technique of the equipment or supplies.
B. Within sixty days after issuance of an equipment license and semiannually thereafter,  the licensee shall file with the director a copy of all advertising material used in selling or offering for sale,  leasing or offering for lease,  licensing or offering for license the equipment and supplies manufactured or sold by it.
C. The holder of a license shall within ten days after each sale of equipment or supplies report to the director,  in writing,  the exact character and quantity of equipment or supplies sold,  the date of the sale and the persons to whom the sale was made.
D. Failure to file a copy of advertising material or reports required in this section constitutes grounds for immediate revocation of the equipment license.
E. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received under this section in the water resources fund established by section 45-117.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1607 - Violations; classification

45-1607.
Violations;  classification
Any person conducting weather control or cloud modification operations without first having procured a license as provided by this article,  or who knowingly makes a false statement in the application for license,  or who knowingly fails to file any report or evaluation required by this article,  or who conducts any weather control or cloud modification operation after revocation of his or its license,  or who violates any other provision of this article,  is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1701 - Declaration of purpose and policy

45-1701.
Declaration of purpose and policy
The legislature declares and finds:
1. That the development of an adequate supply of water for agriculture,  municipal,  industrial and fish and wildlife uses within the state of Arizona is vital for the well being,  health and prosperity of the people of the state.
2. That the state's right and obligation to receive two million eight hundred thousand acre feet of main stream Colorado river water annually having been confirmed by the United States supreme court in Arizona v. California,  376 U.S. 340 (1964) [84 S.Ct. 755],  it is essential to the continued well-being,  health and prosperity of the people of the state that the state proceed promptly to establish,  develop and execute an appropriate program for the development and utilization of such water.
3. That the development of the state's power resources is an essential and integral part of the effectuation of such program,  including the financing thereof.
4. That such power resources and the use of the energy therefrom must be developed in order to provide effective support for and implementation of the state's water program and to promote the general welfare,  health,  safety and prosperity of the people of the state.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1702 - Definitions

45-1702.
Definitions
In this article,  unless the context otherwise requires:
1. " Authority"  means the Arizona power authority created pursuant to title 30,  chapter 1.
2. " Bonds"  and " notes"  means bonds and notes,  respectively,  of the authority issued pursuant to this article.
3. " District"  means any irrigation district,  power district,  electrical district,  agricultural improvement district or water users association now or hereafter organized under the laws of this state that is directly engaged in the sale,  distribution or delivery of municipal,  industrial or irrigation water or in the sale,  distribution or use of electric power or energy.
4. " Municipality"  means any incorporated city or town or other corporation organized for municipal purposes.
5. " Power"  means electric power or electric energy or both.
6. " Project"  or " work"  means:
(a) Any of the projects or works authorized by this article or hereafter authorized,  including each and every facility or improvement necessary or incidental thereto and all rights-of-way,  lands or interests in lands,  the use or occupancy of which is necessary or appropriate in the construction,  reconstruction,  replacement,  extension,  betterment,  development,  improvement or operation and maintenance of such facilities and improvements.
(b) Financing or refinancing authorized by section 45-1703,  subsection A,  paragraph 5.
7. " Public utility"  means any person,  corporation,  district,  electric cooperative,  public agency or political subdivision of the state that provides electrical service to the public by means of electric facilities or provides water for municipal,  industrial,  irrigation,  recreation and fish and wildlife purposes to the public.
8. " Real property"  means lands,  rights in lands,  interests in land,  including lands under water,  appurtenances,  improvements and any and all other things and rights usually included within the term and includes also any and all interest in such property less than full title,  such as easements,  permanent or temporary rights-of-way,  uses,  leases,  licenses and other such incorporeal hereditaments.
9. " Retail"  means sales to persons,  corporations,  firms,  partnerships or other entities for their use and not for resale.
10. " State"  means the state of Arizona.
11. " State water and power development fund"  means the fund by that name established by section 45-1711.
12. " State water and power plan"  means the plan established pursuant to section 45-1703.
13. " Wholesale"  means sales to municipalities,  districts or public utilities for resale or distribution.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1704 - Construction, acquisition and operation

45-1704.
Construction,  acquisition and operation
A. The director of water resources may plan,  construct,  operate and maintain the central Arizona project,  or any portion of the project,  and any other water projects hereafter included in the state water and power plan,  acquire all real property required therefor in the name of the state and take such actions and proceedings as may be necessary or desirable in connection therewith. The authority may plan,  acquire,  construct,  operate and maintain any power project included in the state water and power plan,  or any portion of any such project,  and any other power projects hereafter included in the state water and power plan,  acquire all real property required therefor in the name of the state and take such actions and proceedings as may be necessary or desirable in connection therewith. In carrying out their functions hereunder,  the director and the authority shall consult with each other and with appropriate state officials and shall coordinate their activities so that the development of the state water and power plan shall proceed with all reasonable dispatch and efficiency.
B. Before either the director or the authority undertakes the financing or construction of any portion of the central Arizona project,  the director or authority shall file with the president of the senate and the speaker of the house,  at least thirty calendar days prior to the scheduled adjournment of the legislature's regular session or within five days following the convening of a special session called for that purpose,  a feasibility report on such project. Such feasibility report shall set forth estimated costs,  the financing steps contemplated,  and the anticipated means and schedule of debt payment. Upon approval in whole or in part of such feasibility report by the legislature,  the director or the authority shall thereupon be authorized to proceed in accordance with the approval granted by the legislature and the provisions of this article.
C. The state consents to the use and occupation of any real property now or hereafter owned by it,  and not dedicated to public use,  necessary for the construction,  operation or maintenance of any project or projects included in the state water and power plan subject,  however,  to such payment as lawfully may be required.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1705 - Construction of works across public or private property

45-1705.
Construction of works across public or private property
The director or authority may construct facilities or works pursuant to this article across any stream of water,  watercourse,  street,  avenue,  highway,  railway,  canal,  ditch,  flume or private property. If the director or authority and the persons,  firms,  corporations,  municipalities,  federal or state agencies,  state trust lands or political subdivisions of the state owning or controlling any property or installation to be used or crossed cannot agree upon the amount to be paid for the taking,  use or privilege thereof,  such amount shall be ascertained and determined in the manner provided by law for the taking of land for public uses.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1706 - Right of eminent domain

45-1706.
Right of eminent domain
A. Condemnation proceedings may be brought by the director or authority and all laws of the state relating to the exercise of the right of eminent domain and the taking of private property for public use and obtaining immediate possession thereof shall apply to the proceedings. The use of property which is condemned,  taken or appropriated under the provisions of this article is declared to be a public use subject to regulation and control by the state in the manner provided by law.
B. When real property has been appropriated to public use by any person,  firm or corporation,  the taking of the property for the construction and operation of the state water and power plan by the director or authority shall be deemed a more necessary public use than the use of the property by such person,  firm or corporation.
C. Notwithstanding any other provision of this article,  the director or authority shall have no authority to condemn,  take or destroy the whole or any part of property belonging to any district,  public utility or municipality unless and until the director or authority has provided and substituted for the property to be taken,  condemned or destroyed new property of like character and at least equal in usefulness with suitable adjustment for any increase or decrease in the costs of operating and maintaining thereof,  or unless and until the taking,  condemnation or destruction has been permitted by agreement executed between the director or authority and such district,  public utility or municipality. Nothing contained herein shall grant the authority or director the authority to condemn,  take or use the generating,  transmission or distribution facilities or other real or personal property of any type whatsoever of a public utility except for the purpose of procuring rights-of-way across real property of the public utility.
D. In the event any property is to be acquired hereunder pursuant to a license granted by the United States department of energy,  such property may be acquired through the exercise of the right of eminent domain as provided in section 21 of the federal power act,  as amended.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1709 - General powers

45-1709.
General powers
The director and the authority,  respectively,  may:
1. Cooperate with the appropriate agencies or officials of the federal government and of the state and political subdivisions of the state to the end that the purposes of this article shall be realized.
2. Apply to the appropriate agencies or officials of the state and of the federal government,  including the United States departments of energy and of the interior,  for such licenses,  permits,  easements and such other approvals or authorizations as may be necessary or advisable and accept the same upon such terms and conditions as may be deemed appropriate.
3. Accept any gifts or any grant or advance of funds or property from the federal government or from the state or any other federal or state public body or political subdivision or any other person and comply with the terms and conditions thereof.
4. Fix and establish the prices,  rates,  rents and charges for water and power delivered or produced by the projects authorized by this article.
5. Retain and employ engineering,  accounting,  legal,  financial and other private consultants on a contract basis for rendering professional and technical assistance and advice.
6. Promote,  foster and encourage the use,  development,  protection and conservation of water and power.
7. Institute and maintain actions and proceedings necessary to enforce,  maintain,  protect or preserve all rights,  privileges or immunities created or granted by this article or otherwise in pursuance thereof,  and in all courts,  actions and proceedings the director or authority may sue,  appear and defend in person in their respective names.
8. Enter into contracts and agreements and do all things which are necessary or convenient for the effectuation of the state water and power plan.
9. Exercise all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article,  and as incidental thereto,  own,  lease,  construct,  operate,  maintain and dispose of real and personal property of every kind and character,  acquire real and personal property and any or every interest therein for its lawful purposes by purchase,  lease,  condemnation or otherwise,  and generally do anything and everything necessary or convenient to carry out the purposes of this article. The authority may not at any time pledge the credit of the state nor shall any of its obligations or securities be deemed to be obligations of the state.
10. Be specifically charged with the responsibility to begin immediate studies and continue them in an effort to determine alternate ways and means to finance and fund the construction of the central Arizona project and bring those studies to the legislature so that this water project may be constructed at the earliest possible time.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1710 - Powers of municipalities, districts and other public bodies and officers

45-1710.
Powers of municipalities,  districts and other public bodies and officers
Notwithstanding any provision of law but subject to the exceptions prescribed by this section,  all municipalities,  districts and other public bodies are authorized and empowered to enter into contracts with the director or the authority as provided in section 45-1708 for the sale or delivery of water or the sale or transmission of power,  on such terms and conditions as shall be determined by the parties,  and to carry out their obligations under the contracts,  except that groundwater replenishment districts established under title 48,  chapter 27 are not eligible to contract for the sale or transmission of power under this chapter. Eligible municipalities,  districts and other public bodies,  their officials and all state agencies and officials may do such acts and make such additional agreements not inconsistent with law as may be necessary or desirable in connection with the construction,  operation,  maintenance and financing of any project or projects included in the state water and power plan.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1711 - State water and power development fund

45-1711.
State water and power development fund
The state water and power development fund is established. The resolution or trust indenture of the authority securing the bonds or notes shall fix the amount and the provisions of the application of a bond reserve to be held by the state treasurer in such development fund. The surplus revenues as determined pursuant to section 45-1708 from each project included in the state water and power plan shall be deposited,  pursuant to sections 35-146 and 35-147,  in the fund in accordance with the agreement between the director and the authority referred to in section 45-1708,  together with any other funds which may be made available for the purposes of this article,  including funds from the state or federal government. Amounts in such development fund in excess of the bond reserve therein shall be paid by the state treasurer in such manner and at such times as shall be specified in the bond resolution or trust indenture securing such bonds or notes to the trustee appointed by the authority thereunder. The bond reserve in such development fund shall be applied by the state treasurer as provided in such resolution or trust indenture.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-1712 - Agreement of state

45-1712.
Agreement of state
The state of Arizona does pledge to and agree with the holders of the bonds and notes that the state will not limit or alter the rights hereby vested in the director and the authority to maintain,  reconstruct and operate the projects included in the state water and power plan,  and to establish and collect such charges,  fees and rentals as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of the bonds and notes,  or in any way impair the rights and remedies of the bondholders or noteholders,  until the bonds and notes,  together with interest thereon,  with interest on any unpaid installments of interest,  and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders and noteholders,  are fully met and discharged. The authority as agent for the state is hereby authorized to include this pledge and undertaking by the state in its resolutions and indentures securing the bonds and notes.