48-6401. Findings; purpose A. The legislature finds that the upper San Pedro groundwater basin is a major source of water for the residents of Cochise county and for the personnel and operations of Fort Huachuca, and that Fort Huachuca and the residents of the basin are dependent on the withdrawal of water from wells for […]
48-6402. Definitions In this chapter, unless the context otherwise requires: 1. " Board" means the elected board of directors of the upper San Pedro water district formed pursuant to this chapter. 2. " County" means the county in which the district is located. 3. " Department" means the department of water resources. 4. " Director" […]
48-6403. Establishment of upper San Pedro water district; map; goal; decreed and appropriative water rights A. The upper San Pedro water district may be established by an election held pursuant to this article. If the district is established, the lands in the district shall consist of the portion of the upper San Pedro groundwater basin […]
48-6404. District as municipal corporation; exemption from taxation; judicial review A. The district is a public improvement district of this state and a municipal corporation to the extent of the powers, privileges and immunities conferred by this chapter or granted generally to municipal corporations by the constitution and statutes of this state, including the immunities […]
48-6405. Board; members; terms; compensation A. Beginning thirty days after the date on which the board of directors is elected, the district shall be administered by a board of directors of seven persons who shall be qualified electors of the district. B. A board of directors shall be elected as prescribed in this section. After […]
48-6406. Formation election; tax authorization; election of board members A. The county board of supervisors of a county in which the upper San Pedro water district is authorized pursuant to section 48-6403, on request of the organizing board of the district appointed pursuant to section 48-6416, may submit to a vote of the qualified electors […]
48-6407. Board meetings; notice A. The board shall hold regular meetings every calendar quarter and additional meetings on the call of the chairperson or a majority of the members of the board. The secretary-treasurer shall give at least three days’ notice of each meeting to each member of the board in addition to the public […]
48-6408. Powers and duties of the board A. The board shall determine its organizational and procedural structure, adopt, amend or repeal bylaws, rules and forms consistent with the requirements of this chapter and prescribe a system of accounts. B. The board may: 1. Manage and conduct the business and affairs of the district. 2. Make […]
48-6409. Water development and management; technical assistance and review by director of water resources A. For purposes of achieving the goal of the district as described in section 48-6403, the district through its board shall do the following consistent with section 48-6410: 1. Modify the district’s comprehensive plan at least every ten years to include […]
48-6410. Limitation on powers The board and the district shall not do any of the following: 1. Engage in the retail sale of potable water to customers in the district. 2. Require the use of a water measuring device for any well in the district, except as a condition in a contract with the district. […]
48-6411. Adequate water supply requirements; notice; objections A. Except as provided in subsection C of this section and sections 48-6412 and 48-6413, a person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in the district shall apply for and obtain a determination of adequate water supply from the […]
48-6412. Exemption from adequate water supply requirements based on substantial capital investment; application; criteria; expiration A. If the director determines pursuant to sections 45-108 and 45-108.04 that an adequate water supply does not exist for a proposed subdivision in the district, the subdivider may apply to the director for an exemption from the water adequacy […]
48-6413. Exemption from adequate water supply requirements based on an adequate water supply within twenty years; criteria; application A. A subdivider may apply to the director for an exemption from the water adequacy requirements in section 48-6411, subsections A and B pursuant to this section on a form prescribed by the director. The director shall […]
48-6414. Inapplicability of other adequate water supply provisions to proposed subdivisions in the district Section 9-463.01, subsections J through Q, section 11-823, section 32-2181, subsection F, section 32-2183, subsection H, section 32-2197.08, subsection E, section 45-108, subsection H, section 45-108.01, section 45-108.02 and section 45-108.03 do not apply to proposed subdivisions in the district.
48-6415. District and municipal water delivery systems in the district eligible to receive financial assistance from water supply development revolving fund The district is deemed to be a water provider for the purposes of title 49, chapter 8. The district and municipal water delivery systems serving water in the district are eligible to apply for […]
48-6416. Organizing board; upper San Pedro water district; membership; authority; formation election A. The organizing board for the upper San Pedro water district is established consisting of the following persons: 1. Five members who are appointed by the governor and who are qualified electors of the proposed district, one of whom may represent a city […]
