A. Monies and other assets in the long-term water augmentation fund may be used for the following purposes:

Terms Used In Arizona Laws 49-1303

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the water infrastructure finance authority of Arizona. See Arizona Laws 49-1201
  • Financial assistance: means loans provided by the authority to eligible entities and credit enhancements purchased for an eligible entity's bonds or other forms of indebtedness pursuant to section 49-1307. See Arizona Laws 49-1301
  • Import water: means to make water originating outside of this state 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
  • 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Loan: means a bond, lease, loan or other evidence of indebtedness pertaining to financial assistance for water supply development projects issued from the long-term water augmentation fund. See Arizona Laws 49-1301
  • 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
  • Long-term water augmentation fund: means the fund established by section 49-1302. See Arizona Laws 49-1201
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Water supply development: means any of the following:

    (a) Acquiring water or rights to or contracts for water to augment the water supply of a water provider, including any environmental or other reviews, permits or plans reasonably necessary for that acquisition. 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

1. Funding water supply development projects that import water from outside the boundaries of this state. At least seventy-five percent of the monies in the fiscal years 2022-2023, 2023-2024 and 2024-2025 appropriations to the fund shall be reserved for one or more projects with this purpose, and those monies shall be accounted for separately.

2. Purchasing imported water or rights to imported water.

3. Acquiring or constructing water-related facilities in this state to convey or deliver imported water within the state.

4. Conducting investigations, including performing environmental or other reviews.

5. Contracting for water needs assessments.

6. Providing financial assistance to eligible entities for the purposes of financing or refinancing water supply development projects within this state, including projects for conservation through reducing existing water use or more efficient uses of existing water supplies.

7. Guaranteeing debt obligations of eligible entities that are issued or incurred to finance or refinance water supply development projects within this state or providing credit enhancements in connection with these debt obligations.

8. Paying the costs to administer the fund.

9. Funding not more than ten full-time equivalent positions of the authority.

B. In providing financial assistance from the fund, the authority shall comply with section 49-1304.

C. Monies in the fund may not be used to purchase conservation or other similar easements on real property.

D. If the monies pledged to secure long-term water augmentation bonds issued pursuant to section 49-1309 become insufficient to pay the principal and interest on the long-term water augmentation bonds guaranteed by the fund, the authority shall direct the state treasurer to liquidate securities in the fund as may be necessary and shall apply those proceeds to make current all payments then due on the long-term water augmentation bonds. The state treasurer shall immediately notify the attorney general and auditor general of the insufficiency. The auditor general shall audit the circumstances surrounding the depletion of the fund and report the findings to the attorney general. The attorney general shall conduct an investigation and report those findings to the governor and the legislature.

E. The authority shall take necessary actions to obtain full repayment for monies or financial assistance provided from the fund by the recipients of the funding or financial assistance or the recipients of any water supply development project made available from monies from the fund through water subcontracts, loan repayments, rates, fees, charges or otherwise, as appropriate. This subsection does not apply to monies spent by the authority for investigations and studies or monies spent in connection with loan guarantees or credit enhancement.

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