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2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2103 - Arizona water protection fund commission

45-2103.
Arizona water protection fund commission
A. The Arizona water protection fund commission is established and consists of two ex officio members,  two advisory members and nine appointed members who are residents of this state,  who have demonstrated an interest in natural resources and who are appointed as follows:
1. One person who represents a multi-county water conservation district established pursuant to title 48,  chapter 22 and named by that district's governing board.
2. One person who represents a state association of natural resource conservation districts and who is appointed by the governor.
3. Four persons who represent natural resource conservation districts established pursuant to title 37,  chapter 6,  and who represent geographically diverse areas of this state,  two of whom shall be appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives.
4. One member of the public who has at least a bachelor's degree in hydrology,  who represents a city that is served by the central Arizona project and who is appointed by the governor.
5. One person who is knowledgeable in natural resource conservation issues or in water resource issues related to riparian ecosystems,  who represents an agricultural improvement district established pursuant to title 48,  chapter 17 and who is appointed by the governor.
6. One person who represents an Indian tribe and who is appointed by the chairman of the intertribal council of Arizona.
7. As nonvoting ex officio members,  the director of the department of water resources and the state land commissioner.
8. As nonvoting advisory members,  one member of the house of representatives who is appointed by the speaker of the house of representatives and one member of the senate who is appointed by the president of the senate. Advisory members may not be considered for purposes of establishing a quorum.
B. Members of the commission appointed pursuant to subsection A,  paragraphs 1 through 6 of this section shall be appointed for staggered terms of three years. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office.
C. On request,  members who are not ex officio members of the commission are eligible to receive compensation pursuant to section 38-611,  not to exceed three thousand dollars in any calendar year,  and are eligible for reimbursement for expenses pursuant to title 38,  chapter 4,  article 2.
D. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2104 - Powers and duties; limitations

45-2104.
Powers and duties;  limitations
A. The powers and authority vested in and the duties imposed on the members of the commission shall be exercised by a quorum of members,  which consists of a majority of members then in office,  except that a lesser number may hold public meetings without taking legal action.
B. The commission shall:
1. Adopt rules necessary to perform its duties.
2. Administer the expenditure of monies in accordance with section 45-2113.
3. Coordinate its staffing needs with the director and the state land commissioner.
4. Make and execute all necessary contracts,  including grants and intergovernmental agreements pursuant to title 11,  chapter 7,  article 3.
5. Adopt an official seal for the authentication of its records,  decisions and resolutions.
6. Keep the minutes of its meetings and all records,  reports and other information relating to its work and programs in permanent form,  systematically indexed and filed.
7. Designate the person or persons who shall execute all documents and instruments on behalf of the commission.
8. Each year elect two members to act as a chair and a vice-chair for the commission.
9. Manifest and record its actions by motion,  resolution,  order or other appropriate means.
10. In addition to those meetings required by law to be open,  hold open public meetings as the commission considers appropriate.
11. Prepare an annual report of its activities.
C. The commission may:
1. Sue and be sued.
2. Contract with any person for the expenditure of monies,  including the granting of monies,  consistent with section 45-2113.
3. Meet jointly with federal or state authorities to consider matters of mutual interest.
4. Secure from any federal or state agency or department information necessary to enable the commission to carry out its purposes.
5. Accept,  use and dispose of appropriations,  gifts or grants of money or other property or donations of services,  from whatever source,  only to carry out the purposes authorized in this chapter.
6. Perform all other acts necessary to carry out the purposes of this chapter.
D. Nothing in this chapter shall be construed to authorize the commission to purchase real property or to use this state's right of eminent domain to acquire water or water rights or long-term storage credits using monies derived from the Arizona water protection fund established by section 45-2111.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2105 - Application guidelines

45-2105.
Application guidelines
Before any monies are granted pursuant to section 45-2113,  and by July 1,  1995,  and every three years thereafter,  the commission shall develop in conjunction with the department guidelines for applicants for funding. Guidelines shall include the following:
1. Delineation of geographic areas in this state where protection and restoration will be emphasized.
2. Identification of issues of concern.
3. Types of measures needed to address issues of concern.
4. A requirement that the applicant include a description of the relationship between the proposed project and existing plans,  reports and information that are relevant to the proposed project.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2106 - Public involvement

45-2106.
Public involvement
A. The commission is subject to the provisions of title 38,  chapter 3,  article 3.1 and title 39,  chapter 1.
B. The commission shall develop and may amend the guidelines for applicants required by section 45-2105 after reviewing the recommendations submitted by the natural resource conservation districts developed pursuant to section 37-1054,  subsections D and E and the information gathered during the public involvement process.
C. The commission shall gather information from the following:
1. The director of the department of water resources and the state land commissioner.
2. The federal and state fish,  wildlife,  recreation and natural resource agencies.
3. County and municipal entities.
4. The public.
D. The commission shall develop procedures to assure adequate public participation. At a minimum,  public participation procedures shall prescribe public notice requirements including the content and publication of the notice,  provide an opportunity for public hearings and specify the procedures governing the hearings and require the public availability of relevant documents. Public hearings shall be held at places and times which afford a reasonable opportunity to persons to participate.
E. The commission shall make available for viewing copies of the recommendations and supporting documents submitted pursuant to this section and may charge a reasonable fee for copying.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2107 - Reporting

45-2107.
Reporting
Beginning July 1,  1996,  and on July 1 every year thereafter,  the commission shall submit a detailed report to the governor,  the president of the senate and the speaker of the house of representatives. The report shall describe the actions taken by the commission and the expenditures made from the fund during the previous fiscal year.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2111 - Arizona water protection fund

45-2111.
Arizona water protection fund
A. The Arizona water protection fund is established. The commission shall administer the fund.
B. The commission may grant monies from the fund to reimburse or advance monies to persons pursuant to section 45-2113. Grants made pursuant to this article are exempt from title 41,  chapter 23.
C. On notice from the commission,  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. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2114 - Administration

45-2114.
Administration
A. The director shall provide administrative,  technical and legal support to the commission to the extent funding is available as prescribed by subsection B of this section and from legislative appropriations. This support may include the hiring of a contract administrator,  an attorney,  office support and technical support staff,  who shall be employees of the department of water resources.
B. Interest may be spent by the department of water resources and the state land department for the administration of this chapter. The department of water resources and the state land department shall apply for grants from the fund for any additional monies necessary for the administration of this chapter. Any interest in excess of administration costs may be spent for the purposes prescribed in section 45-2113.
C. In addition to the expenditures from the fund authorized by section 45-2113,  the commission may use five per cent of the total monies deposited in the fund during the previous calendar year to grant to the department of water resources and the state land department additional monies for administration of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2201 - Definitions

45-2201.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Agricultural use"  means water used primarily in the commercial production of agricultural crops or livestock,  including domestic uses incidental to those uses,  and used on tracts of land operated in units of more than five acres.
2. " Authority"  means a water authority established under this chapter.
3. " Board"  means the board of directors of the authority.
4. " Central Arizona project"  means the reclamation project and works authorized by section 301 (a) of the Colorado river basin project act and constructed by the United States pursuant to the provisions of the Colorado river basin project act and contract between the United States and central Arizona water conservation district for delivery of water and repayment of costs of the central Arizona project.
5. " Colorado river water"  means water from the main stream of the Colorado river.
6. " Conservation"  means the preservation and planned management of water resources to ensure the future availability of water resources.
7. " Effluent"  means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to title 49,  chapter 2. Such water remains effluent until it acquires the characteristics of groundwater or surface water.
8. " Industrial use"  means a nonagricultural use of water not supplied by a city,  town or private water company,  including animal industry use and expanded animal industry use as defined in section 45-402.
9. " Multi-county water conservation district"  means a multi-county district established under title 48,  chapter 22,  which has contracted with the United States for the repayment of the cost and for the delivery of the water supply in accordance with P.L. 90-537.
10. " Municipal use"  means all nonagricultural uses of water supplied by a city,  town,  private water company or irrigation district.
11. " Municipal water provider"  means a city,  town,  private water company or irrigation district that supplies water for a nonagricultural use.
12. " Private water company"  means any entity that distributes or sells groundwater,  except a political subdivision or any entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity.
13. " Tentatively allocated"  means water of the main stem of the Colorado river water that has been recommended by the director to the secretary of the interior for allocation,  but for which a contract with the secretary for delivery has not been signed.
14. " United States"  means the secretary of the interior,  acting for the United States department of interior,  or his duly authorized representative.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2202 - Formation

45-2202.
Formation
A. An authority may be formed in any county with a population of more than ninety thousand persons and less than one hundred twenty thousand persons according to the most recent United States decennial census.
B. The members of the authority shall include municipal corporations in the county that:
1. Had contracts with the United States for the delivery of Colorado river water as of January 1,  1993.
2. Have adopted resolutions approving the formation of the authority as prescribed by subsection C,  paragraph 1.
C. The authority shall be formed on the occurrence of the following events:
1. The adoption of resolutions approving the authority's formation by a majority of the municipal corporations in the county that had contracts with the United States for the delivery of Colorado river water as of January 1,  1993. A municipal corporation shall concurrently appoint the person who will represent the municipal corporation on the authority's board.
2. The transfer to the authority of the right to the delivery of eighteen thousand five hundred acre-feet per year of Colorado river water from a municipal corporation in the county where the authority is to be formed within seven hundred thirty days of the adoption of resolutions as prescribed by paragraph 1 of this subsection.
D. On full compliance with subsection C,  the authority shall:
1. Notify the board of supervisors in the county in which the authority is formed of the authority's formation.
2. Publish a notice of the authority's formation once each week for two consecutive weeks in three newspapers of general circulation in the county in which the authority is formed.
3. Notify each authority member that the events prescribed by subsection C have occurred.
E. An authority member that in connection with the formation of the authority or after the formation of the authority transfers,  or causes to be transferred,  to the authority all or a portion of its contractual entitlement to the delivery of Colorado river water shall remain an authority member after the transfer.
F. By vote of the directors,  the membership of the authority may be expanded to include municipal corporations in the county that obtain contracts for the delivery of Colorado river water from the United States after January 1,  1993.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2203 - Contest of formation; appeal

45-2203.
Contest of formation;  appeal
A. Any aggrieved person or entity may contest the formation of the authority under this chapter by filing an action in the superior court in the county in which the authority is formed. Any contest must be filed within thirty days after the second publication of notice of the authority's formation as provided in section 45-2202. If more than one contest is pending,  they shall be consolidated for trial.
B. The superior court shall try all contests without delay and shall determine whether the formation of the authority and appointment of the board occurred in substantial compliance with this article.
C. The formation of the authority is lawful and conclusive against all persons if an action is not filed as provided in subsection A of this section. If an action is filed as provided in subsection A of this section and that action is unsuccessful,  the formation of the authority is lawful and conclusive against all persons on the date that the judgment dismissing the action is no longer subject to judicial review.
D. The authority may exercise all of the powers provided by this chapter notwithstanding the pendency of any contest.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2204 - Corporate existence; exemption from regulation

45-2204.
Corporate existence;  exemption from regulation
A. The authority is a corporate and political body that may act in its official corporate name and shall have all of the rights and immunities of municipal corporations that are granted by the constitution and statutes of this state,  including immunity of its property from taxation.
B. The authority is not a public service corporation subject to regulation by the Arizona corporation commission.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2205 - Dissolution of authority

45-2205.
Dissolution of authority
A. The authority may be dissolved only by a unanimous vote of the directors who are appointed by authority members pursuant to section 45-2221,  subsection B and only if all contractual obligations and debts of the authority are satisfied and another governmental entity or entities accept dedication of all authority projects.
B. After unanimously voting to dissolve the authority as provided in subsection A of this section,  the directors who are appointed by authority members pursuant to section 45-2221,  subsection B shall adopt by resolution a plan of termination to be executed within a stated period of time after it is adopted. The plan of termination is judicially enforceable and shall contain the following provisions:
1. Except as provided in paragraph 2 of this subsection,  all rights to the delivery of water that were transferred to the authority in connection with the formation of the authority shall be returned to the municipal corporation that transferred these rights,  subject to approval of the secretary of the interior in consultation with the director.
2. If,  before the dissolution of the authority,  an authority member has either paid to the authority all of its pro rata share of the amount prescribed by section 45-2281,  subsection C,  as prescribed in its subcontract with the authority or has entered into a contract to pay that amount to the entity entitled to the payment of that amount,  the authority member retains the right to the delivery of Colorado river water for which the member's payment was made and the right to the delivery of Colorado river water shall not be returned as provided in paragraph 1 of this subsection.
C. All property of the authority that is not dedicated to another governmental entity shall be transferred to the department for use in the county in which the authority is formed. All monies of the authority deposited in the grant fund as of the date of dissolution of the authority shall be disbursed as provided in section 45-2281. All other unexpended and unencumbered monies of the authority shall be disbursed among authority members as provided in a resolution of the board.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2221 - Board of directors; organization; compensation

45-2221.
Board of directors;  organization;  compensation
A. The authority shall have a board of directors. Each director appointed pursuant to this section shall have one vote.
B. The board consists of persons appointed by the resolutions of the municipal corporations that are authority members and,  if appointed,  the person appointed pursuant to subsection C. Each authority member shall appoint one director to the board. Each director appointed pursuant to this subsection shall serve at the pleasure of the authority member that appointed him. Each director appointed pursuant to this subsection may be removed from the board by resolution of the authority member that appointed him. An authority member that removes a director from the board shall appoint another director to the board.
C. The supervisors of the county in which the authority is formed may appoint a director to the board from among the members of the board of supervisors. A director appointed pursuant to this subsection shall serve a term of one year and shall be succeeded by another person who is a member of the board of supervisors according to the terms of this subsection. The term of the member appointed by the board of supervisors shall begin on January 1 of each year.
D. The board shall select a chairperson,  vice-chairperson and secretary-treasurer from among its appointed directors. Officers shall serve at the pleasure of the directors.
E. Board members are not eligible to receive compensation but are eligible for reimbursement of actual and necessary expenses while engaged in official business under order of the board.
F. The board members of the authority are public officers for purposes of title 38,  chapter 3,  article 8. The employees of the authority are employees for purposes of title 38,  chapter 3,  article 8.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2222 - Meetings; notice

45-2222.
Meetings;  notice
A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairperson or a majority of the board members. The secretary-treasurer shall give at least three days' notice of each meeting to each board member in addition to the public notices required by law.
B. The authority is a public body for purposes of title 38,  chapter 3,  article 3.1.
C. A majority of the board shall constitute a quorum. Except as provided in section 45-2205,  all actions taken by the board require a majority vote of the board,  unless the bylaws require a larger number of votes.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2223 - Administrative powers and duties; executive director

45-2223.
Administrative powers and duties;  executive director
A. The board shall:
1. Determine its organizational and procedural structure.
2. Adopt,  amend or repeal bylaws,  rules and forms consistent with the requirements of this chapter.
3. Prescribe a system of accounts.
4. Exercise the powers and duties of the authority as prescribed by this chapter.
B. The board may:
1. Manage,  set policy and conduct the business and affairs of the authority.
2. Make and execute all necessary contracts,  including intergovernmental agreements pursuant to title 11,  chapter 7,  article 3.
3. Assume,  adopt and ratify contracts transferred to the authority by an authority member.
4. Sue and be sued.
5. Adopt a seal for the authority to be used to attest to documents.
6. Provide for payment of all debts and appropriate claims against the authority from the appropriate funds.
7. Employ an executive director and the administrative,  legal,  engineering,  accounting,  clerical and other staff as may be necessary and prescribe the duties,  terms and conditions of employment.
8. Retain outside professional services including accounting,  engineering,  legal and other consulting services.
9. Acquire suitable offices,  furnishings and necessary equipment and supplies.
10. Perform all other acts necessary to carry out the purposes of this chapter.
C. All actions taken by the authority under this chapter shall be in accordance with state and federal law and in compliance with the authority's contracts with the United States.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2241 - Cooperation with governmental entities

45-2241.
Cooperation with governmental entities
A. The authority shall cooperate,  coordinate and confer with the director of water resources,  state agencies,  municipal corporations,  special districts,  authorities,  other political subdivisions of this state,  private entities,  Indian tribes and the United States on matters within their jurisdiction relating to the augmentation and conservation of the water supplies of the authority and its members.
B. Consistent with the purposes and policies of this chapter,  the authority shall cooperate with established and existing organizations in acquiring,  constructing and operating projects for use of or interconnection with suitable diversion,  withdrawal,  transportation,  delivery,  treatment,  storage or recharge facilities.
C. Any authority member may request the authority 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 authority may act as any of the following:
1. A bargaining and negotiating agency in transactions and dealings between various departments of the state or federal government at the request of an authority member.
2. A connecting,  intermediate or contracting medium for members when for united or joint participation such a medium is convenient or essential to the receipt,  acceptance or enjoyment of any financial proposals,  grants or other benefits to authority members that are made available under any statute or by any entity.
3. A coordinating,  clearing,  administering or supervising instrumentality through which members may cooperate or unite through contracts or agreements in applying or pooling their resources,  functional rights or privileges for common purposes contemplated under this chapter.
4. A supervising instrumentality through which authority members may request the development of conservation plans for the use of Colorado river water.
E. Nothing in this section or in this chapter shall be construed to alter any debt limitation of any authority member.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2242 - Functional powers of the board

45-2242.
Functional powers of the board
A. The board,  for and in the name of the authority,  may:
1. Lawfully acquire,  sell,  lease,  exchange,  occupy,  manage,  possess or otherwise dispose of real and personal property,  easements and rights-of-way that are necessary or required for the uses and purposes of the authority.
2. Construct,  maintain and operate all works and other property acquired and used for any of the projects owned by the authority.
3. Acquire,  earn,  hold,  assign or otherwise dispose of long-term storage credits to the extent allowed under any provision of chapter 3.1 of this title.
4. Accept appointment or other authorization and act as agent of any authority member to acquire,  transport,  deliver,  treat or recharge water or to engage in any activities prescribed in paragraph 3 of this subsection.
5. Acquire electricity or other forms of energy necessary to transport water or operate authority projects.
6. Subject to the requirements of section 45-2281,  make grants to its members from the grant fund established in section 45-2281 to fund water acquisition,  water reuse or water conservation programs proposed by authority members.
7. Plan,  coordinate,  construct,  operate,  maintain and dismantle water augmentation projects including treatment,  recharge,  underground storage and recovery and retention projects and,  in conjunction with county flood control districts,  flood control projects for water augmentation purposes.
8. Obtain grants and provide technical and financial assistance to authority members relating to the development of water supplies and water conservation plans.
9. With the permission of any affected authority member,  negotiate with the United States in conjunction with the department regarding the administration,  implementation or interpretation of:
(a) Colorado river water contracts of the authority.
(b) Subcontracts of the authority.
(c) Colorado river water contracts of authority members.
(d) Diversion of Colorado river water in the county in which the authority is formed.
10. Conduct any other activities that are reasonably necessary and related to the powers and duties described by this chapter.
B. The board may:
1. Apply for and hold,  in its own name or on behalf of an authority member,  any permits required by law to engage in the activities described in this chapter.
2. Take conveyances for all property acquired by the authority in the authority's name.
3. Sell,  lease,  exchange or otherwise dispose of any of the authority's property that is no longer necessary or suitable for the uses and purposes of the authority 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 contracts,  subcontracts,  rights,  privileges and immunities created under or granted by this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2243 - Limitation on powers

45-2243.
Limitation on powers
This chapter does not authorize the authority to:
1. Exercise any right of eminent domain.
2. Levy any ad valorem or excise tax provided that:
(a) The fees and rates authorized by section 45-2244,  subsection B and section 45-2245,  subsection H shall not be considered to be a tax.
(b) The authority may collect and remit any excise tax required to be collected or remitted.
3. Engage in the distribution of water within the service area of a city,  town,  private water company or irrigation district without the written authorization of the city,  town,  private water company or irrigation district.
4. Regulate the acquisition,  use or disposal of water or water rights except as specifically provided by this chapter or pursuant to contractual agreements authorized by this chapter.
5. Sell,  resell,  deliver or distribute electricity or other forms of energy to others.
6. Acquire in its own name Colorado river water with respect to which a contract is pending between the United States and a member or that is contracted to an authority member without the authority member's express consent.
7. Acquire or contract to acquire any Colorado river water that has been tentatively allocated by the United States to a municipality before January 1,  1994 without the consent of the governing body of the municipality.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2245 - Acquisition and disposition of water in excess of initial quantity

45-2245.
Acquisition and disposition of water in excess of initial quantity
A. The authority may contract with the United States for the delivery of Colorado river water in excess of the initial eighteen thousand five hundred acre-feet a year that the United States makes available to the authority.
B. The authority may apportion Colorado river water,  water credits or effluent that it obtains in excess of the initial eighteen thousand five hundred acre-feet a year between municipal and industrial uses in the manner that the authority determines to be appropriate after considering the water needs of the county in which the authority is formed.
C. The authority may contract with a multi-county water conservation district or its successors or with subcontractors of a multi-county water conservation district or their successors for the delivery to the authority of Colorado river water available to the central Arizona project.
D. The authority may purchase,  lease,  sever,  transfer or retire water rights to the Colorado river in this state.
E. The authority may lease Colorado river water apportioned to this state from Indian tribes that are entitled by decree to that water and whose reservations are located in the lower basin of the Colorado river system in this state.
F. The authority may store,  recharge and recover any water or effluent available to the authority to the extent allowed under any provision of chapter 3.1 of this title and may enter into exchanges of water or of water credits within or outside the county in which the authority is formed to the extent allowed under any provision of chapter 4 of this title.
G. The authority may contract for the storage or recovery of effluent to the extent allowed under any provision of chapter 3.1 of this title and may contract for the delivery or purchase of effluent.
H. Under terms specified by the authority and subject to subsection B,  the authority may enter into subcontracts with authority members and other water providers in the county where the authority is formed for the sale,  exchange or other disposition of Colorado river water,  water credits or effluent acquired by the authority pursuant to this section. In connection with those subcontracts,  the authority may charge or impose standby or holding charges,  development impact fees,  connection fees,  extraction fees,  user fees,  administrative fees or any other fees or charges that the authority determines to be necessary to recover the authority's costs of making the water,  water credits or effluent available under the subcontract. The authority may impose additional fees or charges as the authority determines to be necessary or prudent to fund the acquisition of replacement supplies of water for the authority.
I. Any subcontract under this section shall require Colorado river water delivered pursuant to the subcontract to be used in the county in which the authority is formed.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2261 - Construction work and purchases by bid only; exceptions; award of contract

45-2261.
Construction work and purchases by bid only;  exceptions;  award of contract
A. The authority shall undertake the construction of projects or facilities by contract and not by force account. For construction contracts exceeding twenty-five thousand dollars,  notice shall be published for at least two days in a newspaper of general circulation in the county in which the authority is formed,  except in emergency cases to prevent imminent loss or danger. All contracts shall be let by public bid to the lowest responsible bidder. The authority may call for sealed bids and may accept or reject any bid. Bids shall be accompanied by a reasonable bid bond in an amount determined by the authority. The authority shall require that a bond or bonds as are required under title 34,  chapter 2,  article 2 shall be provided and secured for construction contracts exceeding two hundred thousand dollars.
B. All purchases and contracts made by the authority for material or services other than personal or professional services shall be made after advertising in a manner and time sufficiently in advance of opening bids as the authority deems adequate to ensure appropriate notices and an opportunity for competition. Advertisement is not required,  and the purchase may be made in the open market in any of the following cases:
1. An emergency requiring immediate delivery of materials or performance of the services.
2. Repair parts,  accessories or supplemental equipment or services that are required for material or services previously furnished or contracted for.
3. If the aggregate amount involved in the purchase of material or procurement of services does not exceed twenty-five thousand dollars.
C. In comparing bids and making awards the authority shall give due consideration to such factors as:
1. The relative quality and adaptability of materials or services.
2. The bidder's financial responsibility,  skill,  experience,  record of integrity in dealing and ability to furnish repair and maintenance services.
3. The time of delivery or performance offered.
4. Whether the bidder has complied with the specifications.
D. Subsections A,  B and C do not apply to any contracts entered into with a state or federal agency,  a political subdivision or an Indian tribe.
E. The board may cause the review and approve or reject all specifications,  plans and construction contracts before their finalization.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2282 - Operating budget

45-2282.
Operating budget
A. On or before the third Monday of July of each year,  the authority shall adopt a budget for the fiscal year that begins on July 1 of that year. The budget shall include:
1. A complete statement of the sources and amount of all revenues received by the authority during the year ending June 30 and the funds into which the revenues were deposited.
2. A complete statement of expenditures and disbursements identified by class that were made by the authority during the year ending June 30 and the funds from which the expenditures were made.
3. An estimate of all revenues to be received by the authority during the year beginning July 1 and a listing of the funds into which the estimated revenues will be deposited.
4. An itemized estimate of the amount of expenditures or disbursements that the authority may make from each fund during the year beginning July 1 that,  subject to the provisions of this section,  may include expenditures for contingencies and emergencies.
B. The authority shall not budget any expenditure or disbursement from a fund that exceeds the amount of revenues estimated to be received by the fund during the year beginning July 1 except that revenues deposited in the grant fund may be expended for the purposes specified in section 45-2281,  subsection C. The authority shall not make any expenditure or disbursement from a fund during the year that exceeds the amount budgeted to be expended or disbursed from the fund during the year.
C. Subject to the requirements in section 45-2281,  subsection C,  the authority may allocate unexpended revenues among funds on or before June 30 and include the unexpended revenues of a fund in the budgeted amount of expenditures or disbursements to be made in the fiscal year that begins July 1.
D. The allocation of revenues into the funds and the budgeting,  expenditure and disbursement of the funds is at all times subject to section 45-2281,  subsection C.
E. On or before the third Monday of July of each year,  in connection with the preparation of the budget required by subsection A of this section the authority shall prepare a comprehensive statement of the authority's assets and liabilities and sources and application of funds.
F. The board at any time may authorize the preparation of an audited financial statement of the authority according to generally accepted accounting principles applicable to public bodies.
G. The authority shall file copies of the budget and financial statements with each member of the authority within thirty days of their adoption by the authority.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2283 - Investment of revenues

45-2283.
Investment of revenues
The authority may invest revenues of the authority in securities and deposits with a maximum maturity of three years. All revenues shall be invested in eligible investments. Eligible investments include:
1. Certificates of deposit in eligible depositories as provided in title 35,  chapter 2,  article 2.1.
2. Interest-bearing savings accounts in banks and savings and loan institutions doing business in this state whose accounts are insured by federal deposit insurance for their industry.
3. Repurchase agreements with a maximum maturity of one hundred eighty days.
4. Bonds or other evidences of indebtedness of the United States or any of its agencies or instrumentalities if the obligations are guaranteed as to principal and interest by the United States or by any agency or instrumentality of the United States.
5. Bonds or other evidences of indebtedness of this state or any of its counties,  incorporated cities or towns or school districts.
6. Deposits placed in accordance with the procedures prescribed in section 35-323.01.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2402 - Definitions

45-2402.
Definitions
Unless the context otherwise requires,  the terms defined in sections 45-101,  45-402 and 45-802.01 have the same meaning in this chapter and for purposes of this chapter:
1. " Authority"  means the Arizona water banking authority.
2. " Banking fund"  means the Arizona water banking fund.
3. " Central Arizona water conservation district"  or " CAWCD"  means the multi-county water conservation district established under title 48,  chapter 22.
4. " Commission"  means the Arizona water banking authority commission.
5. " Decree"  means the decree entered by the United States supreme court in Arizona v. California,  376 U.S. 340 (1964).
6. " Excess central Arizona project water"  means central Arizona project water that in any year would otherwise not be used,  resold or exchanged pursuant to long-term contracts and subcontracts for central Arizona project water.
7. " Indian firming"  means measures taken to ensure that central Arizona project non-Indian agricultural priority water that is made available to Indian tribes pursuant to Public Law 108-451 may be delivered during water shortages in the same manner that water with a municipal and industrial priority in the central Arizona project system is delivered during water shortages.
8. " Water banking services"  means services provided by the authority to persons and Indian communities in this state to facilitate for those persons and Indian communities storage of water and stored water lending arrangements. Water banking services include the direct delivery of water to Indian communities in this state in replacement of or supplemental to the accrual of long-term storage credits pursuant to article 5 of this chapter. Water banking services include only arrangements by which water will be made available for use in this state. Water banking services do not include interstate water banking undertaken by the authority pursuant to article 4 of this chapter. Water banking services may include:
(a) Storage of water.
(b) Obtaining water storage permits.
(c) Accruing,  exchanging and assigning long-term storage credits.
(d) Lending and obtaining repayment of long-term storage credits.
9. " Water banking services agreement"  means an agreement entered into between the authority and a person or Indian community in this state under which the authority will provide water banking services to that person or Indian community.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2421 - Arizona water banking authority

45-2421.
Arizona water banking authority
A. The Arizona water banking authority is established. The purposes,  powers and duties of the authority shall be executed by a commission to be known as the Arizona water banking authority commission.
B. The commission consists of the following members who are residents of this state:
1. The director of water resources who serves as chairperson of the commission.
2. The president of CAWCD or a representative designated by that president.
3. One person who is appointed by the governor pursuant to section 38-211 and who is knowledgeable in water resource management.
4. One person appointed by the governor pursuant to section 38-211 who represents an entity that holds a central Arizona project municipal and industrial subcontract.
5. One person appointed by the governor pursuant to section 38-211 who represents an entity located in a county adjacent to the mainstream of the Colorado river that holds a valid contract with the secretary of the interior executed before June 1,  1996,  for diversion and beneficial consumptive use of Colorado river water in that county.
C. The commission members appointed by the governor shall serve a six year term of office. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office. The term of office for the commission members appointed by the governor begins and ends on the third Monday in January. The commission members appointed pursuant to subsection B,  paragraphs 3,  4 and 5 may be removed by the governor for cause.
D. The commission members appointed by the governor serve without compensation but are eligible for reimbursement for expenses from the banking fund pursuant to title 38,  chapter 4,  article 2.
E. In order to qualify for office members of the commission shall take and subscribe to an official oath to perform the duties of their office. The oath shall be filed with the director. The official oaths shall be in the form prescribed by law for official oaths of state officers.
F. The president of the senate,  or a senator designated by the president,  and the speaker of the house of representatives,  or a representative designated by the speaker,  shall each serve as nonvoting ex officio members of the commission.
G. Members of the commission are public officers and are subject to all provisions of law applicable to these officers.
H. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2422 - Organization of commission; powers and duties; exemption

45-2422.
Organization of commission;  powers and duties;  exemption
A. The commission shall select a vice-chairperson and a secretary from among its membership who shall each hold office for terms of two years to begin and end on the third Monday in January.
B. The powers and authority vested in and the duties imposed on the authority shall be exercised by a minimum of three voting members of the commission voting in agreement.
C. The authority is not a public service corporation subject to regulation by the Arizona corporation commission.
2023 Arizona Revised Statutes › Title 45 - Waters › § 45-2424 - Administration

45-2424.
Administration
A. The director shall provide administrative,  technical and legal support to the authority to the extent requested by the authority. The director may hire staff,  who shall be employees of the department of water resources,  necessary to provide the level of support requested by the authority.
B. The director may employ a person in the capacity of Arizona water banking authority manager who shall be an employee of the department of water resources. The person employed in this capacity shall possess a high level of expertise and experience in Colorado river and water resource management in Arizona.
C. The director,  on an annual basis,  shall prepare and submit to the authority a budget showing the cost of providing the services requested by the authority for the following fiscal year. The authority may adjust its request for services,  or when satisfied with the budget,  may adopt it. The authority shall reimburse the department of water resources with monies from the banking fund for the services provided the authority in accordance with an adopted budget.
D. The CAWCD shall provide technical support to the authority to the extent requested by the authority. That technical support shall include expertise in the annual operation and capacity of the central Arizona project aqueducts and on the use of those aqueducts to fulfill the purposes of this chapter without impeding other water deliveries by CAWCD. The CAWCD,  on an annual basis,  shall prepare and submit to the authority a budget showing the cost of providing the services requested by the authority for the following fiscal year. The authority may adjust its request for services,  or when satisfied with the budget,  may adopt it. The authority shall reimburse the CAWCD with monies from the banking fund for the services provided the authority in accordance with an adopted budget.