Arizona Laws 45-576.06. Termination of designation for members of conservation district or members of water district; moratorium on adding new member lands and member service areas
A. After a conservation district has been established under Title 48, Chapter 22, if one or more of the conditions established under Section 45-576.01, subsection B, paragraph 2 or 3 are not met for an active management area with respect to a conservation district and for as long as the condition is not met:
Terms Used In Arizona Laws 45-576.06
- Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
- Conservation district: means a multi-county water conservation district established under Title 48, Chapter 22. See Arizona Laws 45-402
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
- Member land: means real property that qualifies as a member land of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
- Member service area: means the service area of a city, town or private water company that qualifies as a member service area of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
- Municipal provider: means a city, town, private water company or irrigation district that supplies water for non-irrigation use. See Arizona Laws 45-561
- Private water company: means :
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, any entity that distributes or sells groundwater, except a political subdivision or an 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. See Arizona Laws 45-402
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Service area: means :
(a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:
(i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402
- town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
- Water district: means an active management area water district that is established under Title 48, Chapter 28 and that has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations as defined and used in Title 48, Chapter 28, Article 7. See Arizona Laws 45-402
- Water district member land: means real property that qualifies as water district member land of a water district as provided by Title 48, Chapter 28. See Arizona Laws 45-402
- Water district member service area: means the service area of the city, town or private water company that qualifies as a water district member service area of a water district as provided by title 48, chapter 28. See Arizona Laws 45-402
1. Any municipal provider whose service area is in that active management area and that was designated as having an assured water supply on the basis that its service area is a member service area shall lose its designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider’s projected use is consistent with achieving the management goal of the active management area under section 45-576.
2. No additional real property in that active management area may become a member land.
3. No additional service area of a city, town or private water company in that active management area may become a member service area.
B. After a water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations established under Title 48, Chapter 28, Article 7, if one or more of the conditions established under Section 45-576.01, subsection B, paragraph 2 or 3 are not met with respect to the water district and for as long as the condition is not met:
1. Any municipal provider whose service area is in the active management area in which the water district is located and that was designated as having an assured water supply on the basis that its service area is a water district member service area shall lose its designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider’s projected use is consistent with achieving the management goal of the active management area under section 45-576.
2. No additional real property in that active management area may become a water district member land.
3. No additional service area of a city, town or private water company in that active management area may become a water district member service area.
C. If the conservation district notifies the director pursuant to section 48-3781, subsection G that a municipal provider that was designated as having an assured water supply on the basis that its service area is a member service area has failed to pay any portion of the required annual replenishment tax assessed under section 48-3781, the director may revoke the municipal provider’s designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider’s projected use is consistent with achieving the management goal of the active management area under section 45-576.
D. After a water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations established under Title 48, Chapter 28, Article 7, if the water district notifies the director pursuant to section 48-4982, subsection G that a municipal provider that was designated as having an assured water supply on the basis that its service area is a water district member service area has failed to pay any portion of the required annual replenishment tax assessed under section 48-4982, the director may revoke the municipal provider’s designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider’s projected use is consistent with achieving the management goal of the active management area under section 45-576.