Arizona Laws 49-1210. Limitations on water activities
A. The authority may not purchase any mainstream Colorado River water or rights to mainstream Colorado River water and may not provide funding or financial assistance to transfer, purchase or lease any such water or rights to such water, except that this prohibition does not apply to any water or rights to water held by a federally recognized Indian tribe or to purchases made with monies from the clean water revolving fund established by section 49-1221 or the drinking water revolving fund established by section 49-1241. For purposes of this subsection, "mainstream Colorado River water" means Colorado River water that is available to satisfy entitlements in this state but that is not delivered through the central Arizona project.
Terms Used In Arizona Laws 49-1210
- Authority: means the water infrastructure finance authority of Arizona. See Arizona Laws 49-1201
- Imported water: means any water that originates outside of this state and that is made available to water users within this state by conveyance, exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund. See Arizona Laws 49-1201
- Indian tribe: means any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation. See Arizona Laws 49-1201
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Long-term water augmentation bonds: means bonds that are issued by the authority in accordance with article 4 of this chapter. See Arizona Laws 49-1201
- Water-related facilities: means any facility related to the production, delivery, conservation or storage of water, including any canals, pipelines, desalination plants, pumping stations, storage projects, recovery wells, delivery and retention projects, water and wastewater treatment plants, and other equipment and facilities installed for water conservation purposes, together with any land, buildings or other improvements and equipment or personal property related thereto. See Arizona Laws 49-1201
B. The authority may not enter into any agreements to convey or deliver water to a water user within the incorporated boundaries of a city or town, a city or town water service area or within the boundaries of a certificate of convenience and necessity of a private water company without the written consent of the city, town or private water company.
C. The authority may not operate or maintain any water-related facilities but may enter into agreements with public or private entities to operate or maintain water-related facilities owned or constructed by the authority.
D. Except as provided in Section 49-1203.01, subsection C, paragraph 4, the authority may not acquire or own water-related facilities that are either:
1. Located within this state and used to convey or deliver water that is not imported water.
2. Located outside this state.
E. If the authority acquires imported water or long-term storage credits created from imported water in its own name, the authority may not sell or lease that water or those long-term storage credits for amounts greater than necessary to comply with section 49-1303, subsection E or to repay long-term water augmentation bonds issued to fund any project to acquire the imported water or long-term storage credits.