Terms Used In Arizona Laws > Title 49 > Chapter 8 - Water Infrastructure Finance Program

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Aggregate: means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. See Arizona Laws 11-801
• 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.
• 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
• Board: means the board of supervisors. See Arizona Laws 11-801
• Board: means the water infrastructure finance authority board established by section 49-1206. See Arizona Laws 49-1201
• Bonds of a political subdivision: means bonds issued by a political subdivision as authorized by law. See Arizona Laws 49-1201
• Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-1201
• Commission: means the county planning and zoning commission. See Arizona Laws 11-801
• Concession agreement: means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of water-related facilities by the authority to a private partner in accordance with this chapter. See Arizona Laws 49-1201
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
• Eligible entity: means any of the following:

  (a) A water provider that distributes or sells water outside of the boundaries of an initial active management area in which part of the central Arizona project aqueduct is located. See Arizona Laws 49-1270

• Eligible entity: means any of the following:

  (a) A water provider. See Arizona Laws 49-1301

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Financial assistance loan repayment agreement: means an agreement to repay a loan provided to design, construct, acquire, rehabilitate or improve water or wastewater infrastructure, related property and appurtenances or a loan provided to finance a water supply development project. See Arizona Laws 49-1201
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• fund: means the water supply development revolving fund established by section 49-1271. See Arizona Laws 49-1270
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• 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
• Inspector: means the county zoning inspector. See Arizona Laws 11-801
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Loan: means leases, loans or other evidence of indebtedness for water supply development purposes issued from the water supply development revolving fund. See Arizona Laws 49-1270
• 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
• Loan repayment agreement: means an agreement to repay a loan issued from the water supply development revolving fund entered into by an eligible entity. See Arizona Laws 49-1270
• Loan repayment agreement: means an agreement to repay a loan that is issued from the long-term water augmentation fund and that is entered into by an eligible entity. 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
• Minority leader: See Floor Leaders
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Newspaper of general circulation in the county seat: means a daily or weekly newspaper if any is published in the county seat. See Arizona Laws 11-801
• Nonpoint source project: means a project designed to implement a certified water quality management plan. See Arizona Laws 49-1201
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Pledged revenues: means any monies to be received by an eligible entity, including property taxes, other local taxes, fees, assessments, rates or charges that are pledged by the eligible entity as a source of repayment for a loan repayment agreement. See Arizona Laws 49-1301
• Political subdivision: means a county, city, town or special taxing district authorized by law to construct wastewater treatment facilities, drinking water facilities or nonpoint source projects. See Arizona Laws 49-1201
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Private partner: means a person, entity or organization that is not the federal government, this state or a political subdivision of this state. See Arizona Laws 49-1201
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public-private partnership project: means any water supply development project that is the subject of a public-private partnership agreement in accordance with this chapter. See Arizona Laws 49-1201
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Rezoning: means a change in the zoning ordinance changing the zoning district boundaries within an area previously zoned. See Arizona Laws 11-801
• Safe drinking water act: means the federal safe drinking water act of 1974 (P. See Arizona Laws 49-1201
• Statute: A law passed by a legislature.
• Technical assistance loan repayment agreement: means either of the following:

  (a) An agreement to repay a loan provided to develop, plan and design water or wastewater infrastructure, related property and appurtenances. See Arizona Laws 49-1201

• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Wastewater treatment facility: means a treatment works, as defined in section 212 of the clean water act, that is located in this state and that is designed to hold, cleanse or purify or to prevent the discharge of untreated or inadequately treated sewage or other polluted waters for purposes of complying with the clean water act. See Arizona Laws 49-1201
• Water provider: means any of the following:

  (a) A municipal water delivery system as defined in section 42-5301. See Arizona Laws 49-1201

• 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
• Writing: includes printing. See Arizona Laws 1-215
• Zoning district: means any portion of a county in which the same set of zoning regulations applies. See Arizona Laws 11-801
• Zoning ordinance: means an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective. See Arizona Laws 11-801
• Zoning regulations: means provisions that govern the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and such other matters as may otherwise be authorized under this chapter and that the board deems suitable and proper. See Arizona Laws 11-801
• Zoning regulations amendment: means a change in the zoning ordinance that modifies, adds to, transfers or repeals one or more zoning regulations or that adds one or more zoning regulations. See Arizona Laws 11-801