Arizona Laws 49-1203.01. Water infrastructure finance authority of Arizona; additional powers and duties
A. The authority, acting through its board, shall:
Terms Used In Arizona Laws 49-1203.01
- Authority: means the water infrastructure finance authority of Arizona. See Arizona Laws 49-1201
- Board: means the water infrastructure finance authority board established by section 49-1206. See Arizona Laws 49-1201
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- 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
- 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
- Long-term water augmentation fund: means the fund established by section 49-1302. See Arizona Laws 49-1201
- Property: includes both real and personal property. See Arizona Laws 1-215
- 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. Administer the long-term water augmentation fund in accordance with article 4 of this chapter.
2. Use monies from the long-term water augmentation fund established by section 49-1302 to investigate the feasibility of entering into agreements with public or private entities for projects to import water into this state. The authority may consider any existing studies or plans it deems relevant for this purpose.
B. Except as limited in this chapter or by other laws and as reasonable or necessary to administer or carry out the purposes of the long-term water augmentation fund and water supply development revolving fund established by section 49-1271, the authority may:
1. Acquire, sell, lease, exchange or otherwise dispose of real and personal property of every kind within this state.
2. Apply for and hold permits that are required by law to engage in any of the activities described in this chapter.
3. Negotiate and enter into intergovernmental agreements and agreements with private and public entities within and outside of this state.
4. Contract for or perform feasibility studies of water storage, storage facilities and recovery wells.
5. Apply for and accept grants, gifts or donations of monies or other property from any source that may be spent for any purpose consistent with this chapter.
6. Conduct any other activities that are reasonably necessary and related to the powers and duties described in this chapter.
C. Except as limited in this chapter or by other laws and as reasonable or necessary to administer or carry out the purposes of the long-term water augmentation fund, the authority may:
1. Issue long-term water augmentation bonds in accordance with article 4 of this chapter. The long-term water augmentation bonds shall be in the name of the authority, and the authority may pledge sources for security and payment of such bonds in accordance with article 4 of this chapter.
2. Issue refunding bonds if the authority deems refunding expedient.
3. Refund by issuing new bonds for any bonds issued by the authority if these bonds are secured from the same source of revenues as the bonds authorized by this chapter without regard to whether the bonds to be refunded have matured.
4. Take, hold and enforce a security interest in water-related facilities inside and outside of this state in connection with the terms of any agreement entered into by the authority if the authority determines that such a security interest is necessary to adequately protect this state’s interests.
5. To the extent necessary to facilitate an approved water supply development project:
(a) Plan, construct, acquire, own, improve and equip water-related facilities within this state to transport or deliver imported water within this state.
(b) Negotiate and execute agreements to acquire, sell, lease, exchange, hold, sever or transfer imported water and rights to imported water. The authority may acquire imported water and rights to imported water in its own name.
(c) Enter into and carry out contracts or subcontracts for the transport, treatment and delivery of imported water acquired by the authority.
(d) Store imported water and acquire, hold, assign or otherwise dispose of credits for imported water registered to storage accounts under Title 45, Chapter 3.1.
(e) Negotiate and enter into agreements to use existing water-related facilities.
6. Conduct investigations, including performing environmental or other reviews, in association with any of the activities prescribed by paragraphs 4 and 5 of this subsection.
7. Assess fees and charges in connection with the authority’s design, construction, acquisition, improvement, equipping and ownership of water-related facilities, including for the conveyance or delivery of water and in connection with operation and maintenance agreements entered into by the authority in connection with water-related facilities. Any fees collected pursuant to this paragraph constitute governmental revenue, may be used for any purpose consistent with the purposes of the authority and must be deposited in the long-term water augmentation fund.
D. This chapter does not replace, supplant or diminish the powers and duties of the director of water resources set forth in title 45, including sections 45-105 and 45-107.