A person who, after December 31, 1986, begins the physical on-site construction of a body of water located in a subdivision as defined in section 32-2101 and which will be filled or refilled with a source of water identified in section 45-132, subsection B, paragraph 4, shall:

Terms Used In Arizona Laws 45-139.01

  • Body of water: means a body of water in an active management area established under chapter 2 of this title, including a lake, pond, lagoon or swimming pool, that has a surface area greater than twelve thousand three hundred twenty square feet and that is filled or refilled for landscape, scenic or recreational purposes. See Arizona Laws 45-131
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215

1. Make written disclosure to prospective purchasers of property within the subdivision of the source of water to be used to fill or refill the body of water, the legal basis for access to the source of water and the duration of any permit or contract under which the source of water is obtained. If a public report for the subdivision is issued under section 32-2183, the disclosure may be made in the public report.

2. Include in the agreement or contract for the purchase of property within the subdivision a provision stating the source of water to be used to fill or refill the body of water and have the purchaser of the property acknowledge this provision by signing or initialing the provision.

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