REFERENCE TITLE: county water authority; repeal

State of Arizona Senate Fiftieth Legislature First Regular Session 2011

SB 1470

Introduced by Senator Gould

 

AN ACT

 

repealing title 45, chapter 13, Arizona Revised Statutes; relating to county water authorities.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Repeal

Title 45, chapter 13, Arizona Revised Statutes, is repealed.

Sec. 2.  Dissolution of existing county water authority; transfer

For any county water authority organized pursuant to title 45, chapter 13, Arizona Revised Statutes, as repealed by this act, that is in existence on the effective date of this act, the following apply:

1.  If all contractual obligations and debts of the authority are satisfied and another governmental entity or entities accept dedication of all authority projects, the authority shall be dissolved.

2.  The directors who are appointed by authority members pursuant to section 45-2221, subsection B, Arizona Revised Statutes, as repealed by this act, shall adopt by resolution a plan of termination to be executed within six months.  The plan of termination is judicially enforceable and shall contain the following provisions:

(a)  Except as provided in subdivision (b) of this paragraph, all rights to the delivery of water that were transferred to the authority in connection with the formation of the authority shall be returned to the municipal corporation that transferred these rights, subject to approval of the secretary of the interior in consultation with the director of water resources.

(b)  If, before the dissolution of the authority, an authority member has either paid to the authority all of its pro rata share of the amount prescribed by section 45-2281, subsection C, Arizona Revised Statutes, as repealed by this act, as prescribed in its subcontract with the authority or has entered into a contract to pay that amount to the entity entitled to the payment of that amount, the authority member retains the right to the delivery of Colorado river water for which the member's payment was made and the right to the delivery of Colorado river water shall not be returned as provided in subdivision (a) of this paragraph.

3.  All property of the authority that is not dedicated to another governmental entity shall be transferred to the department of water resources for use in the county in which the authority is formed.  All monies of the authority deposited in the grant fund as of the date of dissolution of the authority shall be disbursed as provided in section 45-2281, Arizona Revised Statutes, as repealed by this act.  All other unexpended and unencumbered monies of the authority shall be disbursed among authority members as provided in a resolution of the board.

Sec. 3.  Conforming legislation

The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fiftieth legislature, second regular session.