Arizona Laws 48-4981. Qualification as a water district member service area
The service area of a municipal provider shall qualify as a water district member service area only if all of the following apply:
Terms Used In Arizona Laws 48-4981
- Active management area: means an active management area established under Title 45, Chapter 2. 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
- 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.
- Resolution: means a resolution, adopted by the governing body of a city or town, by the board of directors of a private water company that is a corporation, by the general partners of a private water company that is a partnership or by the individual owners of a private water company that is individually owned. 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
1. The service area is located in an active management area in which the district is located.
2. The municipal provider is not a member of a groundwater replenishment district established pursuant to chapter 27 of this title.
3. The service area of the municipal provider is not a member service area under chapter 22 of this title.
4. 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 the qualification.
5. The municipal provider publishes a resolution once each week for two consecutive weeks in a newspaper of general circulation for the county or counties where the service area is located that:
(a) Has attached to it a current map of the municipal provider’s service area.
(b) Declares the intent of the municipal provider that the service area qualify as a water district member service area under this chapter.
(c) Declares that, for the privilege of withdrawing and delivering excess groundwater within its service area and to ensure the continued exercise of that privilege, the municipal provider shall pay an annual replenishment tax to be determined by the district.
(d) Contains a covenant, binding against the municipal provider, to pay to the district an annual replenishment tax based on the water district service area replenishment obligation in an amount determined by the district as necessary to allow the district to perform the water district groundwater replenishment obligations.
(e) Authorizes the municipal provider to enter into a written commitment with the district in form and substance satisfactory to the district regarding the payment of the annual replenishment tax.
(f) Declares that the resolution applies to the service area of the municipal provider as it currently exists and to all additions to and extensions of the service area.
(g) Declares that the resolution is irrevocable for as long as the district is obligated to perform the water district groundwater replenishment obligations.