A. Notwithstanding any provision of law to the contrary, whenever an emergency exists, as determined by the mayor of the city of Nogales, Arizona, and concurred in by the director of water resources, that there is not sufficient water for use by such city and that there is no other water available from any other practical source, then the state parks board shall, upon request by such mayor, authorize such city to remove from Lake Patagonia such amount of water as needed to supply the city with sufficient water. The city of Nogales shall provide the means for transferring such water.

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B. The director of water resources shall assess a fee to the city of Nogales for the use of such water based upon the value of the water. Such fee shall be paid by the city to the state parks board Lake Patagonia account.