REFERENCE TITLE: law clinic; stream adjudications; appropriation.

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HB 2390

Introduced by

Representatives Griffin: Bowers

AN ACT

amending title 15, chapter 13, article 2, Arizona Revised Statutes, by adding section 15-1647; appropriating monies; relating to the arizona board of regents.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1.  Title 15, chapter 13, article 2, Arizona Revised Statutes, is amended by adding section 15-1647, to read:

START_STATUTE15-1647. Water rights adjudication law clinic; establishment; assistance; annual report

A.  A UNIVERSITY UNDER THE JURISDICTION OF THE ARIZONA BOARD OF REGENTS MAY OFFER PRO BONO assistance TO CLAIMANTS IN THE GENERAL STREAM ADJUDICATION OF WATER RIGHTS FILED PURSUANT TO title 45, CHAPTER 1, ARTICLE 9 WHO ARE NOT REPRESENTED BY COUNSEL AND WHOse adjusted gross income for any of the preceding three years is less than five hundred percent of the federal poverty guidelines.  A university that offers assistance pursuant to this subsection may represent a CLAIMANT in the adjudication until that claimant proceeds to an evidentiary hearing or to some other contested proceeding that is similar to a trial.  If the claimant has not settled the claim, the university may not REPRESENT that claimant at an evidentiary or similarly contested hearing.

B.  ANY UNIVERSITY THAT OFFERS ASSISTANCE PURSUANT TO SUBSECTION A OF THIS SECTION SHALL COOPERATE AND COORDINATE WITH the FACULTY OF A COOPERATIVE EXTENSION IN THIS STATE THAT HAS A PROGRAM TO SUPPORT THE ECONOMIC VITALITY OF RURAL COMMUNITIES AND THE USE OF NATURAL RESOURCES in those rural communities.

C.  ON OR BEFORE NOVEMBER 15 OF EACH YEAR, A UNIVERSITY THAT OFFERS ASSISTANCE PURSUANT TO SUBSECTION A OF THIS SECTION SHALL submit A WRITTEN REPORT OF the university's assistance ACTIVITIES TO THE governor, the SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE and shall provide a copy of this report to the secretary of state. END_STATUTE

Sec. 2.  Appropriation; university of Arizona; water rights adjudication law clinic; exemption

A.  The sum of $500,000 is appropriated from the state general fund in fiscal year 2021-2022 to the university of Arizona to establish an adjudication law clinic to assist claimants in the general stream adjudication of water rights pursuant to section 15-1647, Arizona Revised Statutes, as added by this act.

B.  Monies that are appropriated in subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.