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2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3428 - Dissolution

48-3428.
Dissolution
The board of supervisors may dissolve any district organized under this chapter. Dissolution shall be ordered only on filing of a petition similar to the petition required on organization,  except that the petition need not describe the boundaries of nor the lands within the district but may refer to the district by number or other appropriate designation. The petition shall state that it is the purpose of the petitioners to dissolve the district. No district shall be dissolved unless the petition for dissolution is signed by the majority of the owners of acreage of lots or parcels of land entitled to receive irrigation water from the district.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3441 - Board of trustees; compensation; employment of personnel; quorum

48-3441.
Board of trustees;  compensation;  employment of personnel;  quorum
A. The management and control of an irrigation water delivery district is vested in a board of trustees which shall consist of three persons who are landowners within the district. The board may employ personnel necessary to conduct the affairs of the district. Attorneys and engineers shall not be employed on a salary basis,  but may be employed to perform specific services.
B. The members of the board shall serve without compensation.
C. Two members shall constitute a quorum for the transaction of business and all warrants,  contracts and instruments involving the payment of money by or creating any obligation binding upon the district shall be signed by at least two members.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3442 - Bond of trustee

48-3442.
Bond of trustee
Before entering upon his duties,  each member of the board shall execute a bond in the amount of one thousand dollars,  conditioned upon the faithful performance of his duties and that he will account for all district funds or property coming into his possession. The bond shall be in accordance with and subject to the provisions of law relating to bonds of county officers.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3443 - Term of office; vacancies

48-3443.
Term of office;  vacancies
A. The trustees appointed at the organization of the district,  or elected thereafter,  shall hold office for two years from January 1 following their appointment or election and until their successors are elected or appointed and qualified.
B. The office of a trustee who removes from the district or who ceases to possess the qualifications of a trustee shall become vacant,  and the remaining members shall within thirty days appoint a successor to fill the vacancy for the unexpired term,  and issue a certificate of appointment.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3444 - Biennial election of trustees

48-3444.
Biennial election of trustees
A. The regular election for trustees shall be held biennially on the third Wednesday in November next prior to the expiration of the regular term of the incumbent board. The election shall be held at a convenient place within the district,  or in proximity thereto,  to be determined by resolution of the board,  after notice thereof posted in three conspicuous places within the district for ten days next preceding the election.
B. Prior to the time for posting election notices,  the board shall appoint one inspector,  one judge and one clerk,  who shall constitute a board of election. If the board of trustees fails to appoint the election board,  or if the persons appointed,  or any of them,  do not attend at the opening of the polls on the morning of the election,  the electors present at that hour may appoint members to fill the vacancies. The board of trustees shall prescribe the form of ballot,  poll lists and tally lists,  and shall furnish the necessary number thereof for the conduct of the election.
C. The polls shall be opened at nine o'clock in the morning and shall remain open until four o'clock in the afternoon. Members of the election board may administer oaths in connection with the election substantially as required by law for elections in similar districts.
D. Every owner of land within the district shall be qualified to vote at the election and shall be entitled to cast one vote for each one-fifth acre of land owned by him.
E. The conduct of elections,  the determination and certification of results and other details not specifically provided for in this section shall be substantially in accordance with the procedure prescribed in sections 48-2386 through 48-2389. The expense of the election shall be a district charge.
F. If for any reason an election is not held on the day appointed therefor,  or any trustee fails to be elected,  the board of supervisors upon petition of the owners of the majority of the acreage in the district shall appoint a trustee or trustees to fill the vacancy or vacancies. Until the appointment is made,  the former trustee or trustees shall continue to hold the office or offices.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3445 - Secretary of board; board minutes

48-3445.
Secretary of board;  board minutes
A. Immediately after qualifying,  the members of the board shall meet and elect a secretary,  who may be one of their number. If the secretary is absent from any board meeting any member present may be appointed to act in his stead.
B. The secretary shall keep minutes of all board meetings which shall,  when approved by the board,  be signed by at least two members thereof.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3446 - Powers and duties of board; issue of time warrants

48-3446.
Powers and duties of board;  issue of time warrants
A. The board may borrow money,  incur indebtedness and issue warrants against the district treasurer for the payment of the compensation of employees,  purchase of material or equipment,  payment of obligations of the district incurred under contracts for water service or other district expense.
B. The board may issue time warrants when and if required for any of such purposes in anticipation of the collection of taxes. The time warrants shall be registered,  on request of the holder,  with the treasurer,  and shall bear interest at the rate of seven per cent per annum from the date of registration until paid.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3447 - Operation and maintenance of water delivery works by district; right of eminent domain

48-3447.
Operation and maintenance of water delivery works by district;  right of eminent domain
A. Each landowner within the district shall immediately after the organization thereof place the ditch,  pipe line or conduit and other facilities connected therewith through which irrigation water is delivered to his land,  in fair condition. If no such ditch,  pipe line or conduit exists he shall construct one at his own expense,  together with the usual appurtenances thereto. Thereafter all ditches,  pipe lines,  conduits and other facilities shall be operated and maintained by the district.
B. If any landowner neglects or refuses to comply with this section,  the delivery of water to his land may be refused until he complies,  or the district may proceed to construct or repair the ditch,  pipe line,  conduit and other facilities,  and the amount so expended by the district for the benefit of any landowner shall be assessed against the landowner and collected in addition to the charges for delivery of water.
C. The district may condemn rights of way for the purposes of this chapter as provided by the laws of the state relating to eminent domain.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3448 - Use of roads and streets as right of way

48-3448.
Use of roads and streets as right of way
Any irrigation water delivery district may use the public highways,  roads,  streets and alleys in or outside the district which may be needed for rights of way,  subject to such reasonable restrictions as may be imposed by the board of supervisors of the county or by the governing body of a city or town within their respective jurisdictions. If a controversy arises over the exercise of such right,  the question shall be submitted to and decided by the corporation commission.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3449 - Irrigation service to nondistrict lands

48-3449.
Irrigation service to nondistrict lands
A district may contract to provide irrigation service to lands not included within the district,  at charges which shall be not less and on terms not more favorable than for similar service to district lands,  including all overhead expense and costs provided for by taxation and otherwise.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3450 - Restrictions upon delivery of water by district

48-3450.
Restrictions upon delivery of water by district
The delivery of water to landowners under this chapter shall be subject to the laws of this state with respect thereto,  to the provisions of this chapter,  and to such rules and regulations not inconsistent with law as the board of trustees may adopt,  or to the provisions of any contract made by the district.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3451 - Suspension of district functions

48-3451.
Suspension of district functions
A. The board of supervisors may suspend the functions of delivering and distributing irrigation water and of maintaining the ditches,  pipe lines and other facilities for delivering irrigation water of any irrigation water delivery district upon application in the same form and by the same procedure as prescribed for dissolution of a district,  except that the petition shall state that the purpose of the petitioners is to suspend the functions of delivering water and maintaining water delivery facilities.
B. Before ordering suspension of such functions,  the board of supervisors shall ascertain that a hardship will not thereby be worked upon any landowner not a signatory to the petition. The order of the board of supervisors shall state that the functions of the district are suspended until further order of the board.
C. When the functions of a district are suspended by order of the board of supervisors they may be reinstated only upon petition signed by the owners of a majority of the acreage in the district and upon giving notice and opportunity to protest as provided for the organization of a district,  or upon petition signed by all landowners in the district.
D. During the suspension of such functions,  the district shall possess and may continue to exercise all powers conferred upon it by law which are not suspended by the order of the board of supervisors. If requested in the petition for organization,  the powers may be suspended by the order organizing the district,  and in such event the district shall not exercise the suspended powers until authorized to do so by order of the board of supervisors made upon majority petition and notice,  or upon unanimous petition as provided by this chapter.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3471 - District treasurer; district funds

48-3471.
District treasurer;  district funds
The treasurer of the county in which the district is located shall be treasurer ex officio of the district. He shall keep all monies of the district in a separate fund,  or upon the direction of the board of trustees,  in more than one separate fund,  and shall pay from such fund or funds only on warrants drawn on the fund or funds and signed by at least two board members. All district monies shall within two weeks after receipt thereof by the board be deposited with the treasurer by the secretary of the district.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3472 - District property exempt from taxation; tax levy; service charges

48-3472.
District property exempt from taxation;  tax levy;  service charges
A. Property owned or used by districts organized under this chapter shall be exempt from taxation when used for district purposes.
B. The expense of maintaining the district wells,  ditches or conduit system,  including reasonable overhead and office expense and including amounts contracted to be paid to any irrigation district for or in connection with such services,  along with any other capital expense,  shall be provided for by taxes levied and collected as prescribed by this article.
C. The cost of distributing and measuring water to the several parcels of land receiving the water,  including the actual operation of the headgates and other works of the district and the necessary expense of keeping such records in connection with the operation as the board of trustees prescribes,  shall be paid from money collected from service charges imposed upon lands pursuant to section 48-3475 for the delivery of water.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3473 - Estimate of expenses; levy and collection of taxes

48-3473.
Estimate of expenses;  levy and collection of taxes
A. On or before July 1 each year the board of trustees shall estimate the amount of money necessary to be raised by taxation to defray district expenses including assessments and charges to irrigation projects,  if any have been assessed,  up to the time when funds will be available from the next tax levy. The estimate shall take into account any deficit or surplus from the preceding year or years.
B. The board shall certify the estimate to the board of supervisors and the board shall annually,  at the time county taxes are levied,  levy a tax sufficient to raise the amount of the estimate,  plus not less than fifteen per cent for anticipated delinquencies. District taxes shall be assessed and levied only on lands within the district and shall be apportioned among the several parcels of land on an acreage basis. If the board of trustees of a district fails to certify the estimate to the board of supervisors,  the board of supervisors shall make a levy for the amount of the estimate certified the preceding year,  plus fifteen per cent for delinquencies. Except as otherwise provided in this chapter,  the taxes shall be assessed,  levied and collected in the same manner as county taxes.
C. In order to entitle any parcel of land to water service,  district taxes against such parcel may be paid to the treasurer separately from other taxes,  and the county treasurer shall issue receipts therefor when so paid in such form that the receipt may be presented to the authorized representative of the district and recognized as authority to make delivery of water to such parcel of land. If the district taxes against any parcel of land are not paid separately,  the county treasurer shall not omit the collection thereof at the time payment is made of other taxes for the same period against such parcel of land.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3474 - Credit on district taxes for irrigation project charges against lands within project

48-3474.
Credit on district taxes for irrigation project charges against lands within project
A. If any parcel of land within an irrigation water delivery district is part of an established irrigation project organized under any law of the state relating to irrigation,  electrical or agricultural improvement districts,  or of any reclamation project of the United States,  and is subject to project taxes,  assessments or charges payable directly to such district or project,  exclusive of charges for service to such parcel of land under any contract or arrangement between the district or project and the irrigation water delivery district,  the owner of the parcel of land shall be entitled to a credit on district taxes for any year equal to the amount of the assessments and charges paid to the district or project for that year. The county treasurer shall accept the receipt of any such project or district as evidence of payment,  and shall give credit therefor by notation on his records. In the preparation of the annual estimate of expenses as provided by section 48-3473,  all such credits shall be anticipated by the board of trustees and a corresponding adjustment made in the estimate of revenue necessary to meet the expenses of the district.
B. Any irrigation water delivery district may contract with an irrigation project within which any or all of the district lands are included,  to pay project taxes,  assessments or charges of the project on behalf of any or all of the lands of the irrigation water delivery district,  and if such contract is executed the amount of such assessments and charges shall be added to the district estimate of expenses and assessed and levied as district taxes against the lands for and on account of which they are contracted to be paid.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3475 - Service charges payable other than by taxation

48-3475.
Service charges payable other than by taxation
A. The board of trustees,  at the time of making the annual estimate of expenses,  shall estimate the amount of district expenses for a like period not to be paid from taxes. The estimate shall be based on subsisting contracts for furnishing or distributing water,  costs of similar items in previous years and other available information,  and the board shall fix a service charge,  as uniformly distributed according to acreage as is practicable,  over the parcels of land which the board anticipates will actually demand and receive irrigation service during the period,  allowing a reasonable margin of not less than fifteen per cent for unforeseen contingencies and inaccuracy of estimate. The board may adopt a sliding scale of rates according to the cost of serving different sized parcels,  as it deems equitable. If the operation of the district's irrigation system is provided for by contract with any individual,  organization or irrigation project,  the board of trustees shall fix the service charges in conformity with the terms of the contract.
B. If,  in the discretion of the board of trustees,  it is necessary to measure the water actually delivered to the parcels of property receiving irrigation water delivery service to determine the service charge,  the board of trustees at the time of making the annual estimate of expenses shall estimate all expenses as provided in subsection A and estimate the total expected water use. The board may fix the service charge per unit measure of water,  allowing a reasonable margin of not less than fifteen per cent for unforeseen contingencies and inaccuracy of estimate. The service charge for water actually used may be assessed directly by the board at periodic intervals,  not to exceed twelve per year,  against the parcels of land actually receiving irrigation service.
C. Rates for water service to district lands shall not be subject to regulation by the corporation commission.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3476 - Payment of district taxes required in advance

48-3476.
Payment of district taxes required in advance
A. Before any particular parcel of district land is entitled to irrigation service,  all district taxes and charges for the construction or repair of facilities standing against such parcel,  whether for the current year or carried forward from a previous year or years,  together with all penalties and interest for failure to make payment when due,  shall be paid in full.
B. Any trustee who knowingly authorizes and effects the delivery of water to any parcel of district land on which the taxes and charges specified in subsection A have not been paid,  shall be personally liable for payment thereof. If an individual,  organization or irrigation project,  having a contract with the district,  delivers water to any parcel of district land for or on account of which such charges and taxes have not been paid,  such individual,  organization or irrigation project shall be liable to the district in the amount involved and the district may withhold such amount from any payments due such individual,  organization or project until the payments have been made.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3601 - Definitions

48-3601.
Definitions
In this article,  unless the context otherwise requires:
1. " Area of jurisdiction"  means the incorporated and unincorporated areas of the county,  including public lands,  excluding those incorporated areas of cities or towns which have elected to assume floodplain management powers and duties pursuant to section 48-3610.
2. " Board"  means the board of directors of a flood control district organized under this article.
3. " Development"  means any man-made change to improved or unimproved real estate,  including buildings or other structures,  mining,  dredging,  filling,  grading,  paving,  excavation or drilling operations or storage of equipment or materials.
4. " District"  means a flood control district organized pursuant to this article.
5. " Flood"  or " floodwaters"  means a temporary rise in water level including groundwater or overflow of water onto lands not normally covered by water.
6. " Floodplain"  means any areas in a watercourse which have been or may be covered partially or wholly by floodwater from the one hundred-year flood.
7. " Floodplain regulations"  means the codes,  ordinances and other regulations adopted pursuant to this article relating to the use of land and construction within the floodway and floodplain areas.
8. " Floodway"  means the area of a river or other watercourse and the adjacent land areas necessary in order to discharge the one hundred-year flood without cumulatively increasing the water surface elevation more than one foot.
9. " One hundred-year flood"  or " base flood"  means a flood that has a one per cent chance of being equalled or exceeded in a one year period,  based on the criteria established by the director of water resources.
10. " Person"  means an individual or the individual's agent,  a firm,  partnership,  association or corporation,  or an agent of the aforementioned groups,  or this state or its agencies or political subdivisions.
11. " Regulatory flood elevation"  means the elevation which is one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be as determined by the criteria developed by the director of water resources for all other watercourses.
12. " Watercourse"  means a lake,  river,  creek,  stream,  wash,  arroyo,  channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3602 - Organization of county flood control district

48-3602.
Organization of county flood control district
A. Each county shall organize a county flood control district to include and govern its area of jurisdiction.
B. The county board of supervisors shall be the board of directors of the district. The directors shall not receive compensation for their services as such but are entitled to reimbursement for their necessary expenses in attending district meetings and for necessary expenses incurred in traveling within and without this state if necessary to carry on the affairs of the district.
C. County flood control districts are in addition to any flood protection district organized pursuant to chapter 18,  article 10 of this title,  and the mere existence of a county flood control district does not of itself affect the existence or operation of any flood protection district organized pursuant to chapter 18,  article 10 of this title.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3604 - Establishing zones in the district

48-3604.
Establishing zones in the district
A. The board may divide the area of jurisdiction into two or more zones,  the boundaries of which shall be described in a resolution adopted at a hearing held pursuant to subsection C.
B. The board may alter the boundary lines of any previously established zone or zones pursuant to subsection C.
C. Before establishing zones or altering their boundary lines,  the board shall fix a date for a hearing,  which shall be not less than twenty-one days nor more than forty days from the date of the resolution. Any interested citizen may appear at the hearing and be heard on any matter relating to the reasonableness of establishing the zones. Notice of the hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation in the area of jurisdiction and zone and shall be posted in not less than thirty public places in the zone. The posting and the first date of the publications shall be not less than three weeks before the date of the hearing.
D. The board shall meet at the time and place fixed for the hearing and may adjourn the hearing from time to time. At the hearing any interested owner of real property in the proposed zone may appear and be heard on any matter relating to the establishment of the zone and may allege that his real property in the proposed zone will not be benefited by the proposed improvements. If after the hearing it appears to the board that the establishment of the zone is necessary and desirable to carry out the objects and purposes of the district in the proposed zone and that all property in the zone will benefit by the establishment of the zone,  the board shall establish the zone. If the board determines that any property in the proposed zone is not benefited,  it shall delete the property from the zone. Thereupon the board shall adopt a resolution establishing the zone and shall file with the county recorder,  the county assessor and the department of revenue a certified copy of the resolution and a map showing the zone and its boundaries. The board shall publish a copy of the resolution once a week for three consecutive weeks in a newspaper of general circulation in the area of jurisdiction and zone and shall post a copy of the resolution in not less than thirty public places in the zone.
E. A party aggrieved by action of the board in establishing a zone may bring an action in the superior court in the county in which the area of jurisdiction is located to set aside the action of the board. The action shall be heard in a trial de novo. The action must be instituted not more than thirty-five days after the last publication or date of posting,  whichever is later,  of the copy of the resolution establishing the zone.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3605 - Assistance for floodplain delineations; duties of director

48-3605.
Assistance for floodplain delineations;  duties of director
A. The director of water resources shall develop and adopt criteria for establishing the one hundred-year flood and delineating floodplains.
B. If a district is required to delineate a floodplain pursuant to section 48-3609 and the floodplain has not been delineated with sufficient accuracy to allow adoption of regulations pursuant to section 48-3609,  the district may request the director for assistance in delineating the floodplain.
C. If sufficient monies have been appropriated,  the director may either provide the engineering and technical services necessary to delineate the floodplains and floodway and determine water surface profile data associated with such delineations or disburse monies for such services to the requesting district.
D. If a district chooses to be reimbursed for costs incurred to have floodplains delineated after August 3,  1984,  monies appropriated to the director shall be disbursed on order of the director after application by the district showing the necessity and purpose of the expenditures for which reimbursement is required.
E. The director may refuse to provide financial or technical assistance allowed by this section if,  in the opinion of the director,  such assistance is not necessary for the district to comply with section 48-3609.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3606 - Assistance for topographic mapping

48-3606.
Assistance for topographic mapping
If sufficient monies have been appropriated,  state monies or assistance allowed by this chapter may be provided to a district to aid in preparing topographic maps or to gather other elevation or channel cross-sectional data necessary,  as determined by the director,  for making hydraulic and hydrologic computations for determining floodplain and floodway limits.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3608 - Assistance in flood insurance program

48-3608.
Assistance in flood insurance program
A. The director is designated as the state coordinator of the national flood insurance program to assist local jurisdictions in complying with the requirements of such program and state law.
B. The director is designated as the state coordinator of the United States army corps of engineers floodplain management services program and shall coordinate floodplain information studies of federal,  state and local agencies and make recommendations to such agencies.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3609.01 - Watercourse master plans; definition

48-3609.01.
Watercourse master plans;  definition
A. If a district organized pursuant to this chapter has completed a watercourse master plan which includes one or more watercourses,  and if the plan has been adopted by the board or by any other jurisdiction in that river or drainage system,  the board and the governing body of each jurisdiction may adopt and shall enforce uniform rules for that river or drainage system within the jurisdiction using criteria that meet or exceed criteria adopted by the director of water resources pursuant to section 48-3605,  subsection A.
B. During the preparation of a watercourse master plan,  record owners of real property in and immediately contiguous to the watercourse or watercourses included in the planning shall be publicly notified by the board or its agents so that the owners may have input to the planning process. In addition,  aggregate mining operations recommendation committees organized pursuant to section 11-812,  subsection D,  if any,  shall be notified.
C. All watercourse master plans shall consider recharge techniques including gabions,  swales,  dry wells,  sand tanks and small dams.
D. This section does not apply to any city or town which has adopted a resolution assuming floodplain management and regulation within its area of jurisdiction as provided in section 48-3610 prior to July 1,  1990.
E. A district that has prepared a watercourse master plan for a river may participate in the planning,  establishment and operation of a recreational corridor channelization district established pursuant to chapter 35 of this title.
F. For the purposes of this section,  " watercourse master plan"  means a hydraulic plan for a watercourse that examines the cumulative impacts of existing development and future encroachment in the floodplain and future development in the watershed on potential flood damages and that establishes technical criteria for subsequent development so as to minimize potential flood damages for all flood events up to and including the one hundred-year flood.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3611 - Citizens' flood control advisory board; qualification; functions

48-3611.
Citizens' flood control advisory board;  qualification;  functions
A. The board of directors may appoint a citizens' flood control advisory board consisting of seven members. Five members shall be resident taxpayers and qualified electors of the district,  at least three of whom shall be residents of the cities in the district. At least one of the board members who are residents of cities shall be a resident of the largest city in the district. The city engineer of the largest city in the district and the chief engineer or manager of a major irrigation or agricultural improvement district,  or their representatives,  shall be ex officio members of the advisory board with all rights and privileges granted to other board members.
B. In appointing members of the advisory board the board of directors shall designate which appointive member shall serve for one year,  which for two years,  which for three years,  which for four years and which for five years. Thereafter the term of each appointive member is five years except for a member appointed to an unexpired term.
C. The citizens' flood control advisory board may request information from the chief engineer and general manager and district staff,  engineering personnel from cities in the district and any other person with a knowledge of flood control practices. They may recommend the employment of consultants for the purpose of obtaining technical information and recommendations regarding flood control and floodplain management practices.
D. The advisory board shall study the flood control,  floodplain regulation,  drainage and water conservation needs of the district,  shall meet with and advise the board as requested by the board and may submit to the board reports and recommendations relating to such studies,  but the recommendations are advisory only.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3612 - Board of review

48-3612.
Board of review
A. The board of directors may establish a board of review,  which may be the advisory board or a committee of the advisory board to sit in review and make decisions as follows:
1. Interpret regulations adopted pursuant to this article if the meaning of a word,  phrase or section is in doubt,  if there is dispute between the appellant and district employees or if location of a floodway or floodplain is in doubt.
2. Allow variances from the terms or regulations adopted pursuant to this article to the extent permitted by section 48-3609,  subsection B,  paragraph 7 if,  owing to peculiar conditions,  a strict interpretation would work an unnecessary hardship and if in granting the variance the general intent and purposes of this article and the regulations will be preserved.
B. Appeals to the review board may be taken by any person who feels that there is error or doubt in the interpretation of the regulation or that due to unusual circumstances attaching to his property an unnecessary hardship is being inflicted on him. The appeal shall state whether it is a plea for an interpretation or a variance and the grounds for the appeal.
C. A person aggrieved in any manner by an action of the review board may within thirty days appeal to the district board.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3614 - Declaration of public nuisance; abatement

48-3614.
Declaration of public nuisance;  abatement
All development located or maintained in a floodplain since August 8,  1973 in violation of this article or of floodplain regulations established by the board and without written authorization from the board is a public nuisance per se and may be abated,  prevented or restrained by action of this state or any of its political subdivisions.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3615 - Violation; classification; civil penalties; strict liability

48-3615.
Violation;  classification;  civil penalties;  strict liability
A. It is unlawful for a person to engage in any development or to divert,  retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by section 48-3613. Where the watercourse is a delineated floodplain it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by section 48-3613.
B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor.
C. A person who violates this chapter or rules adopted pursuant to this chapter may be assessed a civil penalty not to exceed the fine chargeable for a class 2 misdemeanor or,  by agreement with the person in violation,  a nonmonetary penalty that serves the purposes of the district. Each day the violation continues constitutes a separate violation.
D. A person who without written authorization from the board of directors damages or interferes with a facility that is owned,  operated or otherwise under the jurisdiction of the district is strictly liable for both of the following:
1. Any actual damages to persons or property that is caused by the damage or interference.
2. Payment of costs to the district for remediating the damage or interference.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3615.02 - Judicial review; remedies

48-3615.02.
Judicial review;  remedies
The final decision of the board of hearing review is subject to judicial review pursuant to title 12,  chapter 7,  article 6. A district that has established civil penalties for violations of its regulations or ordinances or for damage or interference to its facilities is not precluded from pursuing other remedies provided by law.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3617 - Development of flood control plan by director of water resources

48-3617.
Development of flood control plan by director of water resources
A. On the application of a district organized pursuant to this article,  and subject to available appropriations,  the director of water resources shall conduct a study and,  if deemed justified by the director,  develop a flood control plan to address any flood control problem in the area of jurisdiction of the district.
B. The director shall conduct such studies and develop such plans for counties having a population of fewer than one million persons. If personnel are available and if monies are specifically authorized by the legislature,  the director may conduct such studies and develop such plans for counties having a population of one million or more persons. The director shall perform his responsibilities under this section in such a manner as to spread the benefits of such assistance among all counties of this state.
C. In operating pursuant to this section,  the director may utilize his own engineers and resources or may contract for outside consulting engineers and resources.
D. Any plan developed by the director pursuant to this section shall,  to the extent practicable,  resolve the particular flood control or regulation problem. The practicality of any solution to a flood control or regulation problem shall be determined jointly by the director and the flood control district based on cost effectiveness and design criteria developed by the director.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3620.01 - Joint projects by zones

48-3620.01.
Joint projects by zones
The board of directors may institute joint projects by two or more contiguous zones for acquiring,  financing,  constructing,  maintaining,  operating,  extending,  repairing or otherwise improving any flood control work or improvement located or to be located in one or more of such zones and of common benefit to the zones.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3620.02 - Authority for zone projects

48-3620.02.
Authority for zone projects
A. For the purpose of acquiring authority to proceed with any project of special benefit to a zone,  as well as for the purpose of acquiring authority to proceed with any joint project by any two or more contiguous zones,  as provided by section 48-3620.01,  the board of directors shall adopt a resolution stating its intention to undertake the zone project or joint project,  together with the engineering estimates of the project's cost to be borne by any participating zones,  fixing a time and place for a public hearing on the resolution once a week for two consecutive weeks in a newspaper of general circulation in the affected zone or zones,  the first of which publications shall be at least ten days before the date fixed for the hearing or,  if there is no such newspaper,  by posting the notice for two consecutive weeks before the hearing in three public places in each of the affected zones. The notice shall designate a public place in each of the zones where a copy of the map or maps of any joint project may be seen by an interested person.
B. At the time and place fixed for the hearing or at any time to which the hearing may be continued,  the board shall consider all written and oral objections to the proposed project or joint project. On the conclusion of the hearing,  the board may abandon or proceed with the proposed project or joint project unless written protests against the proposed project or joint project,  signed by a majority in number of the electors,  as defined in article VII,  section 13,  Constitution of Arizona,  of the project zone or any of the zones in a proposed joint project,  are filed with the board of directors before the conclusion of the hearing,  in which event the project or joint project shall be abandoned.
C. After a zone project or a joint project has been authorized and adopted,  the board may,  without the necessity of any further hearing,  make such changes in the project as it may deem desirable to facilitate the program,  consistent with the objects,  purposes and powers of the district prescribed by section 48-3603.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3621 - Right-of-way

48-3621.
Right-of-way
A right-of-way in,  under,  along or across a public highway,  public street or public property within a flood control district shall be granted to the district if found by the board to be necessary or convenient for performing any work authorized by this article and if designs for district works and designs for highway,  street and public property improvements are mutually satisfactory to controlling public agencies. If necessary to carry out such work,  the board may bring actions to condemn any needed property,  which suits may be brought under any statute applicable to the bringing of condemnation suits by municipal corporations or other political subdivisions of this state.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3622 - Permission required to connect to storm water drain; fee; violation; classification

48-3622.
Permission required to connect to storm water drain;  fee;  violation;  classification
A person desiring to make a connection to any storm water drain of a flood control district or to cause floodwaters or storm or other waters to be emptied into any ditch or drain of the district shall first apply to the district for permission to make the connection. The district may require the connection to be made in such manner as it directs and may impose reasonable conditions and such reasonable connection fee as it deems proper or,  if reasonably justified by the circumstances,  may refuse permission. In addition,  the district may require any action or impose any restriction that the district considers reasonably necessary to meet the district's obligations,  if any,  to comply with local,  state or federal water quality laws. A person making a connection which causes floodwaters to be so discharged without first having obtained permission is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3623 - Authority to issue refunding bonds; procedure; disposition of proceeds

48-3623.
Authority to issue refunding bonds;  procedure;  disposition of proceeds
Any bond issued under this article may be refunded pursuant to resolution adopted by the board of directors in the manner provided in this article for the issuance of other bonds,  except that an engineer's report or hearing need not be obtained or held,  and it is not necessary to submit the question of the issuance of the refunding bonds at an election. Refunding bonds so authorized may be sold and the proceeds of sale applied to or escrowed for the payment of the bonds to be refunded in such manner as may be provided in the authorizing resolution,  or may be delivered in exchange for the bonds to be refunded,  or may be in part sold and in part exchanged. No bonds may be refunded under this section unless they either mature or are recallable for redemption under their terms within twelve months from the date of the issuance of the refunding bonds or unless the holders voluntarily surrender them for exchange or payment.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3624 - Cooperation in flood control projects

48-3624.
Cooperation in flood control projects
A district may cooperate with the United States and this state or any instrumentality,  department,  agency or political or municipal subdivision of either in the construction,  maintenance and operation of flood control projects and the enforcement of this article and regulations adopted pursuant to it. To that end,  the district may:
1. Enter into appropriate agreements.
2. Acquire and provide without cost to the cooperating entity land,  easements,  rights-of-way and services necessary for the construction of flood control projects and the regulation of floodplains.
3. Hold and save any cooperating entity free from any claim for damages arising from the construction,  maintenance and operation of flood control projects and the regulation of floodplains.
4. Maintain and operate all works according to regulations prescribed by the cooperating entity.
5. Establish and enforce flood channel limits and floodplain regulations,  if any,  satisfactory to the cooperating entity.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3625 - Limitation on powers

48-3625.
Limitation on powers
A county flood control district may not exercise any power or authority granted by this article,  nor may it undertake or cooperate in planning,  authorizing,  constructing,  acquiring,  extending,  improving,  maintaining or operating any flood control structures,  dam systems or projects on any portion of a watershed supplying water to any dam and reservoir existing within this state 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 this state designed to divert and carry not less than one thousand cubic feet per second,  without first obtaining the written consent of the agency,  district,  association,  company or organization owning or operating or being served by such dam,  reservoir,  diversion dam or canal system. Such consent,  however,  is only required from irrigation districts and agricultural improvement districts organized pursuant to the laws of this state and defined under this title,  and any other associations or organizations operating such dams,  reservoirs,  diversion dams and canal systems as part of a federal reclamation project. This section does not prohibit the district from adopting and enforcing such regulations as are duly enacted pursuant to this article.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-3626 - Compliance; enforcement

48-3626.
Compliance;  enforcement
If any board,  district or governing body fails to comply with or violates the requirements of this article,  the attorney general shall take prompt and appropriate legal action to compel compliance by the jurisdiction and its elected officials. The attorney general may,  in his discretion,  seek the following remedies under this section:
1. An order compelling the offending jurisdiction and its elected officials to comply with the requirements of this article or cease the violation.
2. An order vesting the powers and duties under this article in the district in the event that an incorporated city or town has assumed the powers and duties pursuant to section 48-3610.