| 44 | 55 | | |
|---|
| 45 | 56 | | |
|---|
| 46 | 57 | | |
|---|
| 47 | 58 | | |
|---|
| 48 | 59 | | |
|---|
| 49 | 60 | | |
|---|
| 50 | 61 | | |
|---|
| 51 | 62 | | |
|---|
| 52 | 63 | | |
|---|
| 53 | 64 | | An Act |
|---|
| 54 | 65 | | |
|---|
| 55 | 66 | | |
|---|
| 56 | 67 | | |
|---|
| 57 | 68 | | amending sections 48-2971, 48-2975, 48-2976, 48-2978 and 48-3128, Arizona Revised Statutes; relating to irrigation and water conservation districts. |
|---|
| 58 | 69 | | |
|---|
| 59 | 70 | | |
|---|
| 60 | 71 | | |
|---|
| 61 | 72 | | |
|---|
| 62 | 73 | | |
|---|
| 63 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 64 | 75 | | |
|---|
| 65 | 76 | | |
|---|
| 66 | 77 | | |
|---|
| 67 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 48-2971, Arizona Revised Statutes, is amended to read: START_STATUTE48-2971. Officers; office of district The officers of an irrigation district shall consist of a board of directors and a secretary appointed by the board. The treasurer of the county in which the office of the district is located shall be ex officio treasurer of the district. The officers shall hold office until their successors are elected or appointed and qualified. The office of the board of directors shall be the business office of the district and shall be located in the county where the organization is perfected. The SECRETARY of a district shall serve as the clerk for purposes of service of process on the district.END_STATUTE Sec. 2. Section 48-2975, Arizona Revised Statutes, is amended to read: START_STATUTE48-2975. Meetings of board of directors; records A. The board of directors shall hold a regular monthly meeting in the district office on the first Tuesday in each month or another location and shall hold such special meetings necessary for the transaction of business. Special meetings shall be called by the president of the board, or any two directors. Meetings of the board shall be public, and a majority of the board shall constitute a quorum for the transaction of business. If the meeting is not held at the district office, the location of the meeting shall be included on the meeting notice. On questions requiring a vote there shall be a concurrence of at least a majority of the board. B. All records of the board shall be open to inspection of any elector during business hours. END_STATUTE Sec. 3. Section 48-2976, Arizona Revised Statutes, is amended to read: START_STATUTE48-2976. Publication of minutes; effective date of bylaws, rules, regulations and resolutions A. The minutes of proceedings of the board of directors or an abstract thereof may be published when the board by resolution entered upon on its minutes so direct. B. All by-laws bylaws, rules, regulations or resolutions of a general nature governing drainage ditches, laterals, canals and the use and distribution of irrigation water or other commodities shall be posted at least five days in not less than two public places in each division of the district, or published twice in a newspaper published within the county in which the office of the district is located or posted on a website maintained by the district, as the board may order. By-laws Bylaws, rules, regulations and resolutions of the board shall become effective at the time designated by the board, or in the absence of such designation, upon on their adoption thereof.END_STATUTE Sec. 4. Section 48-2978, Arizona Revised Statutes, is amended to read: START_STATUTE48-2978. General powers of board of directors In order to accomplish the purposes of the district the board may: 1. Purchase or acquire water rights. 2. Acquire or lease real estate and personal property when necessary. 3. Acquire and hold stock in irrigation ditch and reservoir companies. 4. Lease, sell and otherwise dispose of real estate and personal property. 5. Construct, acquire or purchase canals, ditches, reservoirs, reservoir sites, water, water rights, rights-of-way or other property deemed necessary for the use of the district. 6. Acquire the right to enlarge any ditch, canal or reservoir already constructed or partially constructed. 7. Provide for the construction, operation, leasing and control of plants for the generation, distribution, sale and lease of electrical energy, including sale to municipalities, corporations, public utility districts or individuals of electrical energy so generated. 8. Make appropriations of water for irrigation and power purposes. 9. Refer to the qualified electors of the district any optional or administrative measure or method of procedure or any other matter or proposition the board deems necessary or advisable. 10. Establish tolls or charges for service of irrigation, domestic water, electricity and other commodities. 11. Control the finances and property of the district, including borrowing money through a loan or line of credit pursuant to section 48-3128. 12. Appropriate money and provide for the payment of district debts and expenses. 13. Exercise exclusive control over the laterals, ditches, canals, rights-of-way and other property of the district, prevent encumbering thereof, abate and remove all encumbrances and obstructions thereon, make improvements thereon, vacate any right-of-way not necessary for the further use of the district and protect such right-of-way from encroachment and injuries. 14. Erect and maintain transmission lines and pipelines, culverts, roads and crossways, and prevent obstructions thereon. 15. Provide the district with water, electricity and other public conveniences and necessities, and engage in any and all activities, enterprises and occupations within the powers and privileges of municipalities generally. 16. Apply surplus money in the district treasury to liquidation of district debts or to the creation of a sinking fund pursuant to section 48-2979. 17. Make, amend or repeal resolutions, bylaws and rules necessary for the government of or for carrying into effect the powers vested in irrigation districts or any department or officer thereof, and enforce observance thereof by imposition of penalties. The board may impose penalties not exceeding: (a) Five hundred dollars $500 for violations by persons who use water for domestic purposes, as defined in section 45-454. (b) Five thousand dollars $5,000 for violations by persons who use water for purposes other than domestic purposes. END_STATUTE Sec. 5. Section 48-3128, Arizona Revised Statutes, is amended to read: START_STATUTE48-3128. Issuance of warrants or promissory notes for loans A. The board of directors may borrow money for necessary district expenses, obligations and expenditures upon on the security of and not exceeding the amount of district taxes then levied and assessed and as evidence of the loan may issue and deliver district warrants drawn upon on the district fund or funds levied and assessed for paying the expense items, obligations or expenditures for which such money is borrowed. No borrowing shall be made for any purpose in excess of the taxes then levied and assessed for such purpose. B. The board of directors may, in lieu of warrants, may deliver promissory notes as evidence of loans. The notes may be secured by collateral pledge of district assessments or tax monies as collected and not otherwise appropriated. District notes shall be payable at the district office or at a bank or place designated therein, but shall not be receivable in the payment of taxes. C. The board of directors may establish a revolving line of credit with a bank or other financial institution in a maximum amount of not more than twenty-five percent of the immediately preceding fiscal year's actual expenditures. The line of credit may be used for operating or capital purposes as approved by the board of directors. The line of credit may be secured by and repaid with any lawfully available or budgeted monies or revenue of the district at the option of the board of directors. END_STATUTE |
|---|
| 68 | 79 | | |
|---|
| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
|---|
| 70 | 81 | | |
|---|
| 71 | 82 | | Section 1. Section 48-2971, Arizona Revised Statutes, is amended to read: |
|---|
| 72 | 83 | | |
|---|
| 73 | 84 | | START_STATUTE48-2971. Officers; office of district |
|---|
| 74 | 85 | | |
|---|
| 75 | 86 | | The officers of an irrigation district shall consist of a board of directors and a secretary appointed by the board. The treasurer of the county in which the office of the district is located shall be ex officio treasurer of the district. The officers shall hold office until their successors are elected or appointed and qualified. The office of the board of directors shall be the business office of the district and shall be located in the county where the organization is perfected. The SECRETARY of a district shall serve as the clerk for purposes of service of process on the district.END_STATUTE |
|---|
| 76 | 87 | | |
|---|
| 77 | 88 | | Sec. 2. Section 48-2975, Arizona Revised Statutes, is amended to read: |
|---|
| 78 | 89 | | |
|---|
| 79 | 90 | | START_STATUTE48-2975. Meetings of board of directors; records |
|---|
| 80 | 91 | | |
|---|
| 81 | 92 | | A. The board of directors shall hold a regular monthly meeting in the district office on the first Tuesday in each month or another location and shall hold such special meetings necessary for the transaction of business. Special meetings shall be called by the president of the board, or any two directors. Meetings of the board shall be public, and a majority of the board shall constitute a quorum for the transaction of business. If the meeting is not held at the district office, the location of the meeting shall be included on the meeting notice. On questions requiring a vote there shall be a concurrence of at least a majority of the board. |
|---|
| 82 | 93 | | |
|---|
| 83 | 94 | | B. All records of the board shall be open to inspection of any elector during business hours. END_STATUTE |
|---|
| 84 | 95 | | |
|---|
| 85 | 96 | | Sec. 3. Section 48-2976, Arizona Revised Statutes, is amended to read: |
|---|
| 86 | 97 | | |
|---|
| 87 | 98 | | START_STATUTE48-2976. Publication of minutes; effective date of bylaws, rules, regulations and resolutions |
|---|
| 88 | 99 | | |
|---|
| 89 | 100 | | A. The minutes of proceedings of the board of directors or an abstract thereof may be published when the board by resolution entered upon on its minutes so direct. |
|---|
| 90 | 101 | | |
|---|
| 91 | 102 | | B. All by-laws bylaws, rules, regulations or resolutions of a general nature governing drainage ditches, laterals, canals and the use and distribution of irrigation water or other commodities shall be posted at least five days in not less than two public places in each division of the district, or published twice in a newspaper published within the county in which the office of the district is located or posted on a website maintained by the district, as the board may order. By-laws Bylaws, rules, regulations and resolutions of the board shall become effective at the time designated by the board, or in the absence of such designation, upon on their adoption thereof.END_STATUTE |
|---|
| 92 | 103 | | |
|---|
| 93 | 104 | | Sec. 4. Section 48-2978, Arizona Revised Statutes, is amended to read: |
|---|
| 94 | 105 | | |
|---|
| 95 | 106 | | START_STATUTE48-2978. General powers of board of directors |
|---|
| 96 | 107 | | |
|---|
| 97 | 108 | | In order to accomplish the purposes of the district the board may: |
|---|
| 98 | 109 | | |
|---|
| 99 | 110 | | 1. Purchase or acquire water rights. |
|---|
| 100 | 111 | | |
|---|
| 101 | 112 | | 2. Acquire or lease real estate and personal property when necessary. |
|---|
| 102 | 113 | | |
|---|
| 103 | 114 | | 3. Acquire and hold stock in irrigation ditch and reservoir companies. |
|---|
| 104 | 115 | | |
|---|
| 105 | 116 | | 4. Lease, sell and otherwise dispose of real estate and personal property. |
|---|
| 106 | 117 | | |
|---|
| 107 | 118 | | 5. Construct, acquire or purchase canals, ditches, reservoirs, reservoir sites, water, water rights, rights-of-way or other property deemed necessary for the use of the district. |
|---|
| 108 | 119 | | |
|---|
| 109 | 120 | | 6. Acquire the right to enlarge any ditch, canal or reservoir already constructed or partially constructed. |
|---|
| 110 | 121 | | |
|---|
| 111 | 122 | | 7. Provide for the construction, operation, leasing and control of plants for the generation, distribution, sale and lease of electrical energy, including sale to municipalities, corporations, public utility districts or individuals of electrical energy so generated. |
|---|
| 112 | 123 | | |
|---|
| 113 | 124 | | 8. Make appropriations of water for irrigation and power purposes. |
|---|
| 114 | 125 | | |
|---|
| 115 | 126 | | 9. Refer to the qualified electors of the district any optional or administrative measure or method of procedure or any other matter or proposition the board deems necessary or advisable. |
|---|
| 116 | 127 | | |
|---|
| 117 | 128 | | 10. Establish tolls or charges for service of irrigation, domestic water, electricity and other commodities. |
|---|
| 118 | 129 | | |
|---|
| 119 | 130 | | 11. Control the finances and property of the district, including borrowing money through a loan or line of credit pursuant to section 48-3128. |
|---|
| 120 | 131 | | |
|---|
| 121 | 132 | | 12. Appropriate money and provide for the payment of district debts and expenses. |
|---|
| 122 | 133 | | |
|---|
| 123 | 134 | | 13. Exercise exclusive control over the laterals, ditches, canals, rights-of-way and other property of the district, prevent encumbering thereof, abate and remove all encumbrances and obstructions thereon, make improvements thereon, vacate any right-of-way not necessary for the further use of the district and protect such right-of-way from encroachment and injuries. |
|---|
| 124 | 135 | | |
|---|
| 125 | 136 | | 14. Erect and maintain transmission lines and pipelines, culverts, roads and crossways, and prevent obstructions thereon. |
|---|
| 126 | 137 | | |
|---|
| 127 | 138 | | 15. Provide the district with water, electricity and other public conveniences and necessities, and engage in any and all activities, enterprises and occupations within the powers and privileges of municipalities generally. |
|---|
| 128 | 139 | | |
|---|
| 129 | 140 | | 16. Apply surplus money in the district treasury to liquidation of district debts or to the creation of a sinking fund pursuant to section 48-2979. |
|---|
| 130 | 141 | | |
|---|
| 131 | 142 | | 17. Make, amend or repeal resolutions, bylaws and rules necessary for the government of or for carrying into effect the powers vested in irrigation districts or any department or officer thereof, and enforce observance thereof by imposition of penalties. The board may impose penalties not exceeding: |
|---|
| 132 | 143 | | |
|---|
| 133 | 144 | | (a) Five hundred dollars $500 for violations by persons who use water for domestic purposes, as defined in section 45-454. |
|---|
| 134 | 145 | | |
|---|
| 135 | 146 | | (b) Five thousand dollars $5,000 for violations by persons who use water for purposes other than domestic purposes. END_STATUTE |
|---|
| 136 | 147 | | |
|---|
| 137 | 148 | | Sec. 5. Section 48-3128, Arizona Revised Statutes, is amended to read: |
|---|
| 138 | 149 | | |
|---|
| 139 | 150 | | START_STATUTE48-3128. Issuance of warrants or promissory notes for loans |
|---|
| 140 | 151 | | |
|---|
| 141 | 152 | | A. The board of directors may borrow money for necessary district expenses, obligations and expenditures upon on the security of and not exceeding the amount of district taxes then levied and assessed and as evidence of the loan may issue and deliver district warrants drawn upon on the district fund or funds levied and assessed for paying the expense items, obligations or expenditures for which such money is borrowed. No borrowing shall be made for any purpose in excess of the taxes then levied and assessed for such purpose. |
|---|
| 142 | 153 | | |
|---|
| 143 | 154 | | B. The board of directors may, in lieu of warrants, may deliver promissory notes as evidence of loans. The notes may be secured by collateral pledge of district assessments or tax monies as collected and not otherwise appropriated. District notes shall be payable at the district office or at a bank or place designated therein, but shall not be receivable in the payment of taxes. |
|---|
| 144 | 155 | | |
|---|
| 145 | 156 | | C. The board of directors may establish a revolving line of credit with a bank or other financial institution in a maximum amount of not more than twenty-five percent of the immediately preceding fiscal year's actual expenditures. The line of credit may be used for operating or capital purposes as approved by the board of directors. The line of credit may be secured by and repaid with any lawfully available or budgeted monies or revenue of the district at the option of the board of directors. END_STATUTE |
|---|