49-1201 - Definitions

49-1201. Definitions

In this chapter, unless the context otherwise requires:

1. "Authority" means the water infrastructure finance authority of Arizona.

2. "Board" means the water infrastructure finance authority board established by section 49-1206.

3. "Bonds of a political subdivision" means bonds issued by a political subdivision as authorized by law.

4. "Clean water act" means the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816), as amended by the water quality act of 1987 (P.L. 100-4; 101 Stat. 7).

5. "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.

6. "Drinking water facility":

(a) Means a community water system or a nonprofit noncommunity water system as defined in the safe drinking water act of 1974 (P.L. 93-523; 88 Stat. 1660; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613) that is located in this state.

(b) Does not include water systems owned by federal agencies.

7. "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.

8. "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.

9. "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.

10. "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.

11. "Long-term water augmentation bonds" means bonds that are issued by the authority in accordance with article 4 of this chapter.

12. "Long-term water augmentation fund" means the fund established by section 49-1302.

13. "Nonpoint source project" means a project designed to implement a certified water quality management plan.

14. "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.

15. "Private partner" means a person, entity or organization that is not the federal government, this state or a political subdivision of this state.

16. "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.

17. "Safe drinking water act" means the federal safe drinking water act of 1974 (P.L. 93-523; 88 Stat. 1660; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613), as amended in 1996.

18. "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. The agreement shall be for a term of not more than three years and the maximum amount that may be borrowed is limited to not more than $500,000.

(b) An agreement to repay a loan provided to develop, plan or design a water supply development project.

19. "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.

20. "Water provider" means any of the following:

(a) A municipal water delivery system as defined in section 42-5301.

(b) A county water augmentation authority established under title 45, chapter 11.

(d) An Indian tribe.

(e) A community facilities district as established by title 48, chapter 4.

(f) A public water system as prescribed in section 49-352.

(g) A county with a population of less than three hundred thousand persons.

(h) A natural resource conservation district.

(i) For purposes of funding from the water supply development revolving fund pursuant to article 3 of this chapter only, a county that enters into an intergovernmental agreement or other formal written agreement with a city, town or other water provider regarding a water supply development project.

21. "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.

22. "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.

(b) Planning, designing, building or developing water-related facilities, including any environmental or other reviews, permits or plans reasonably necessary for those facilities, for either of the following purposes:

(i) Conveyance or delivery of water.

(ii) Storage or recovery of water under title 45, chapter 3.1.

(iii) Reclamation and reuse of water.

(iv) Replenishment of groundwater.

(v) Active or passive stormwater recharge structures that increase water supplies.