Chapter 0190 - 551R - S Ver of HB2079

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

Section 1. Section 37-1054, Arizona Revised Statutes, is amended to read:

START_STATUTE37-1054. Powers of district

A. This state recognizes the special expertise of the districts in the fields of land, soil, water and natural resources management within the boundaries of the district. A district is empowered to:

1. Conduct surveys, investigations and research relating to the character of the soil, soil erosion prevention within a farm or ranch, methods of cultivation, farm and range practices, seeding, eradication of eradicating noxious growths and invasive vegetation and any other measures that will aid farm and range operations, disseminate information pertaining thereto, and carry on research programs with or without the cooperation of this state or its agencies or the United States or its agencies.

2. Create and administer a soil health program that promotes implementation of soil health practices, research projects, demonstration projects, educational projects or other activities appropriate to promote the continuing capacity for soil to function as a vital living biological system that sustains plants, animals and humans, increased soil organic matter, improved soil structure, water-holding and nutrient-holding capacity or nutrient cycling.

2. 3. Conduct demonstration projects within the district on lands owned or controlled by the state or any of its agencies with the consent and cooperation of the agency having jurisdiction of the land, and on any other lands within the district on obtaining the consent of the landowner or the necessary rights or interests in the land, in order to demonstrate by example the means, methods and measures by which water, soil and soil resources may be conserved and soil erosion and soil washing may be prevented and controlled.

3. 4. Cooperate and enter into agreements with a landowner, an operator or any agency or subdivision of the state or federal government to carry on programs of watershed improvement, soil erosion prevention, methods of cultivation, cropping practices, land leveling and improvement on agricultural lands, and programs limited to methods of proper range use, reseeding and the eradication of eradicating noxious growth and invasive vegetation on grazing lands, all within the limits of an individual farm or ranch and subject to the conditions the supervisors deem necessary.

4. 5. Acquire, by purchase, exchange, lease or otherwise, any property, real or personal, or rights or interest in any property, maintain, administer and improve any properties acquired, receive income from any property or right or interest in property and expend it in carrying out the purposes of this chapter, and sell, lease or otherwise dispose of any property or interest in property in furtherance of the purposes of this chapter.

5. 6. Make available, on the terms it prescribes to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seed and other material or equipment as will assist the landowners to carry on operations on their lands for the purposes and programs authorized by this chapter.

6. 7. Develop, publish and bring to the attention of landowners within the district comprehensive plans for the conservation of conserving soil and water resources within the district that specify in such detail as may be feasible the acts, procedures, performances and avoidances necessary or desirable for the effectuation of to effect the plans.

7. 8. Apply for, receive and spend monies from the Arizona water protection fund pursuant to title 45, chapter 12 to be used in individual districts or in cooperation with other districts, persons, cities, towns, counties, special districts and Indian communities for projects consistent with title 45, chapter 12.

8. 9. Employ agents, engineers, attorneys or other employees not readily available from existing state agencies.

9. 10. Sue and be sued in the name of the district, have a seal, which shall be judicially noticed, have perpetual succession unless terminated as provided in this chapter, make and execute contracts and other instruments necessary or convenient to the exercise of its powers and make, amend and repeal rules not inconsistent with this chapter to carry into effect its purposes and powers.

10. 11. Accept donations, gifts and contributions in money monies, services, materials or otherwise, and use or expend them in carrying on its operations.

11. 12. Organize and establish an education center to increase the knowledge of natural resources in this state through the following methods:

(a) Offering technical guidance and training to agricultural producers.

(b) Publishing scholarly materials.

(d) Conducting or sponsoring scientific studies that affect natural resources in this state.

(e) Increasing public awareness of water conservation statewide, including water conservation methods and best management practices.

(f) Increasing public awareness of soil health practices statewide.

B. A provision of law with respect to the acquisition acquiring, operation operating or disposition disposing of property by other public bodies shall is not be applicable to a district organized under this chapter unless specifically stated therein.

C. After the formation of any district under this chapter, all participation thereunder shall be voluntary, notwithstanding any provision of this chapter to the contrary.

D. A district may send to the Arizona water protection fund commission established by title 45, chapter 12 written recommendations for geographic areas to be emphasized, issues of concern and measures to implement title 45, chapter 12. A district that sends written recommendations to the commission shall request information from at least the following:

1. The director of the department of water resources and the state land commissioner.

2. The federal and state fish, wildlife, recreation and natural resource agencies.

3. County and municipal entities.

4. The public.

E. The district shall develop procedures to ensure adequate participation in the public involvement process prescribed by subsection D of this section. END_STATUTE

Sec. 2. Section 43-1084, Arizona Revised Statutes, is amended to read:

START_STATUTE43-1084. Credit for agricultural water conservation system

A. A credit is allowed against the taxes imposed by this title for expenses that the taxpayer incurred during the taxable year to purchase and install an agricultural water conservation system in this state. The amount of the credit is equal to seventy-five per cent percent of the qualifying expenses.

B. To qualify for the credit under this section:

1. The agricultural water conservation system must be primarily designed to substantially conserve water on land that is used by the taxpayer or the taxpayer's tenant to:

(a) Produce crops, fruits or other agricultural products.

(b) Raise, harvest or grow trees.

2. The expense must be consistent with a conservation plan that the taxpayer has filed and that is in effect with the United States department of agriculture, soil NATURAL resources conservation service, or a natural resource conservation district in this state established pursuant to title 37, chapter 6.

C. Co-owners of the land on which the water conservation system is installed, including partners in a partnership and shareholders of an S corporation, as defined in section 1361 of the internal revenue code, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner.

D. If the allowable tax credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the taxpayer may carry the amount of the claim not used to offset the taxes under this title forward for not more than five taxable years' income tax liability.

E. The credit allowed by this section is in lieu of any deduction for such expenses allowed by the internal revenue code and included under section 43-1042 in computing taxable income. END_STATUTE