Arizona Laws 48-4975. Qualification as water district member land
A. Real property qualifies as a water district member land only if all of the following apply:
Terms Used In Arizona Laws 48-4975
- Active management area: means an active management area established under Title 45, Chapter 2. See Arizona Laws 48-4801
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Declaration: means an instrument recorded against real property and conforming to the requirements stated in section 48-4975, subsection A, paragraph 4. See Arizona Laws 48-4801
- District: means an active management area water district established under this chapter. See Arizona Laws 48-4801
- Excess groundwater: means an amount of groundwater equal to that amount of groundwater delivered to a water district member land in a calendar year or delivered within a water district member service area by the municipal provider for that water district member service area in a calendar year in excess of the amount of groundwater that may be used at the water district member land in that calendar year or may be delivered by the municipal provider for use within the water district member service area in that calendar year consistent with the applicable assured water supply rules adopted by the department of water resources pursuant to section 45-576, subsection H for the active management area where the water district member land or the water district member service area is located. See Arizona Laws 48-4801
- Lien: A claim against real or personal property in satisfaction of a debt.
- Municipal provider: means a city, town or private water company. See Arizona Laws 48-4801
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Parcel of water district member land: means any portion of water district member land for which the county assessor for the county in which the water district member land is located has issued a separate tax parcel number. See Arizona Laws 48-4801
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Water district groundwater replenishment obligation: means , for the active management area in which water district member lands or water district member service areas are or may be located, the total of the cumulative water district parcel replenishment obligation of all parcels of water district member land in that active management area for a particular calendar year plus the cumulative water district service area replenishment obligation of all water district member service areas in that active management area for a particular calendar year. See Arizona Laws 48-4801
- Water district member land: means any real property that meets the requirements of section 48-4975. See Arizona Laws 48-4801
- Water district member service area: means the service area of a municipal provider that is located in the active management area in which the district is located and that qualifies as a water district member service area under section 48-4981, including any additions to or extensions of the service area. See Arizona Laws 48-4801
- Water district parcel replenishment obligation: means , with respect to any particular parcel of water district member land, an amount of groundwater equal to the amount of groundwater delivered to the parcel of water district member land in a calendar year, multiplied by the percentage that the excess groundwater of the applicable water district member land for that year bears to the total amount of groundwater delivered to the applicable water district member land during that year. See Arizona Laws 48-4801
1. The real property is located in an active management area in which the district is located.
2. The real property is not a member land, or a parcel of member land under chapter 22 of this title, and is not located in a water district member service area, or in a member service area under chapter 22 of this title, or in a groundwater replenishment district under chapter 27 of this title.
3. The conditions stated in Section 45-576.01, subsection B, paragraphs 2 and 3 are satisfied with respect to the district at the time of qualification.
4. The owner of the real property, or other person or entity such as a property owners’ or homeowners’ association, if the person or entity has proper authority, records a declaration against the real property, in the official records of the county where the real property is located that:
(a) Contains the legal description of the real property.
(b) Declares the intent of the owner that the real property qualify as a water district member land under this chapter.
(c) Declares that, in order to permit the delivery of excess groundwater to the real property, each parcel of water district member land thereafter established at the real property is subject to a water district parcel replenishment obligation and to a replenishment assessment to be determined by the district.
(d) Declares that qualifying as water district member land and subjecting the real property to the water district parcel replenishment obligation and the replenishment assessment directly benefits the real property by increasing the potential of the property to qualify for a certificate of assured water supply issued by the department of water resources pursuant to Title 45, Chapter 2, Article 9, thereby allowing the development, use and enjoyment of the real property.
(e) Contains a covenant that is binding against the real property and each parcel of water district member land thereafter established at the real property to pay to the district a replenishment assessment based on the water district parcel replenishment obligation in an amount determined by the district as necessary to allow the district to perform the water district groundwater replenishment obligation.
(f) Declares that the district may impose a lien on the real property and each parcel of water district member land thereafter established at the real property to secure payment of the replenishment assessment.
(g) Declares that the covenants, conditions and restrictions contained in the declaration run with the land and bind all successors and assigns of the owner.
B. The declaration may contain covenants, conditions and restrictions in addition to those prescribed in this section. The declaration may be an amendment or supplement to covenants, conditions and restrictions recorded against developed and undeveloped land.
C. Notwithstanding the provisions of subsection A of this section, no real property qualifies as water district member land unless the municipal provider that will provide water to the real property that is subject to the declaration records in the official records of the county where the real property is located an instrument that contains both of the following:
1. The legal description of the real property and the tax assessor parcel numbers for the real property.
2. An agreement by the municipal provider to submit, by March 31 of each year following the recordation of the instrument, to the district and to the property tax assessor and treasurer of the county where the real property is located the information prescribed by section 48-4971, subsection A, and such other information as the district may reasonably request.