The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
45-576.10 - Waterlogged area; assured water supply; designation
45-576.10. Waterlogged area; assured water supply; designation
A. On application to the department by a city or town, the director may designate a portion of a city or town that is located both in the area delineated for exemption under section 45-411.01 and in the Phoenix active management area as having an assured water supply if all of the following apply:
1. The portion of the city or town seeking an assured water supply designation is located entirely within an irrigation and water conservation district established pursuant to title 48, chapter 19.
2. The city or town seeking an assured water supply designation has contracted with the irrigation and water conservation district for a term of not less than one hundred years under which the city or town will receive water that the landowners in the district have the right to use on their lands and will treat and deliver the water for exclusive use on irrigation and conservation district lands for municipal use.
3. Sufficient surface water or effluent of an adequate quality will be continuously available to satisfy the portion of a city's or town's proposed water needs for not less than one hundred years.
4. The city or town demonstrates the financial capability to construct the water facilities, including delivery systems, storage facilities and treatment works, necessary to make the supply of water available for the proposed use. The director may accept evidence of the construction assurances required by section 9-463.01, 11-822 or 32-2181 to satisfy this requirement.
B. For the purposes of this section and within an exemption area established pursuant to section 45-411.01:
1. The director may review the determination that a portion of a city or town has an assured water supply.
2. The director may determine that a portion of a city or town does not have an assured water supply.