A.R.S. tit. 48 ch. 20 — Arizona Revised Statutes Title 48 Chapter 20 — Irrigation Water Delivery Districts

48-3401. Owner defined In this chapter, unless the context otherwise requires, "owner" means the person who appears upon the records of the office of the county recorder as the holder of legal title in fee simple to land within the district. When it appears from the records of the clerk of the superior court of the county that such record owner is deceased and distribution of his estate has not been made, the owner shall be deemed to be the executor or administrator of his estate if one has been appointed. Executors, administrators, guardians of estates of minors and incompetents and trustees holding legal title may sign any petition, consent, waiver or protest provided for by this chapter, with the approval of the superior court in which the estate, guardianship or trusteeship is pending. When a trusteeship exists without any proceeding pending in court, the approval may be given by the superior court of the county in which the land is located upon written application therefor. No notice shall be required to be given by any executor, administrator, guardian or trustee of an application for the order of approval unless the court to whom the application is made shall so order. 48-3402. Rights and powers of district A. Irrigation water delivery districts shall be bodies corporate for the purposes specified in this chapter and shall have the rights, privileges and powers conferred by law, but the districts shall not be considered municipal corporations. B. The district shall have perpetual succession, and may: 1. Exercise the power of eminent domain. 2. Contract and be contracted with. 3. Sue and be sued in its corporate name. 4. Acquire, hold and dispose of, for the benefit of the district, all real and personal property which is necessary or useful in the conduct of its business. 5. Adopt a seal. 6. Provide by contract with any irrigation project, or United States reclamation project, for the performance of any service which it is authorized by this chapter to perform. 7. Do all things lawful and reasonably useful in carrying out the purposes of this chapter. 48-3403. Water rights on unirrigated areas Failure to use irrigation water for five or more years shall not be an abandonment or forfeiture of water rights pertaining to lands included within an irrigation water delivery district as long as the district taxes are paid thereon. 48-3404. Effect of chapter This chapter shall not be construed to repeal any other act, statute or part of statute providing for the organization of irrigation or other similar districts. 48-3421. Authority to organize district; purposes When the owners of a majority of the acreage of lots or parcels, contiguous or noncontiguous, of land entitled to or capable of receiving irrigation water from the same ditch or ditch system, pipe line or system of pipes desire to provide for the delivery of irrigation water to their lands, they may propose the organization of an irrigation water delivery district under the provisions of this chapter. 48-3422. Petition to organize district; inclusion of lands within another district A. For the purpose of organizing an irrigation water delivery district as provided in this chapter, a petition shall be filed in the office of the board of supervisors of the county in which the lands proposed to be organized are located. The petition shall contain: 1. A statement that it is the purpose of the petitioners to organize an irrigation water delivery district under the provisions of this chapter. 2. A general description of the proposed boundaries of the district or of the land proposed to be included in the district. 3. An estimate of the acreage to be included in the district. 4. The location at which irrigation water will be obtained. 5. The approximate distance and the means by which the water will be carried. 6. The names of three landowners within the district who shall constitute a committee to file the petition with the board of supervisors and represent the petitioners in the organization of the district. B. The petition shall be signed by a majority of the owners of the acreage within the proposed district. Each signer shall set forth the description and approximate acreage of his land opposite his signature. Each signature shall be verified by the affidavit of the owner of the land within the proposed district who signs the petition. C. No land shall be included in the proposed district which is included within any irrigation, electrical or agricultural improvement district theretofore organized under the laws of the state without consent in writing of such district. 48-3423. Notice of hearing; bond for expenses of organization A. When the petition is filed with the board of supervisors, the board shall examine it and investigate the signatures thereon. If the board finds that the petition conforms to the provisions of this chapter, it shall fix the amount of probable expenses which will be incurred in the organization of the district. The committee named in the petition shall thereupon give a bond, subject to approval by the board, for not less than twice the amount so fixed, guaranteeing repayment to the county of such expenses. The expenses of organization shall be paid from county funds, but if the district is not organized, the county shall be reimbursed by the principals and sureties on the bond. If the district is organized, the expenses shall become a charge against the district and paid as soon as funds are available. B. Upon approval of the bond the board shall set the petition for hearing at a time not less than twenty nor more than forty days thereafter, and shall publish the petition, together with notice of the date fixed for hearing thereof, not less than twice, the last publication to be not less than ten days before the hearing, in a daily or weekly newspaper published in the county. The board shall post not less than five copies of the petition, together with notice of the date of the hearing, for every one hundred acres or fraction thereof within the proposed district, not less than fifteen days before the hearing at conspicuous places within the proposed district. 48-3424. Hearing; order of board; completion of district organization A. At the time fixed for the hearing, any owner of land within the proposed district may appear and object to the organization thereof, or to the proposed boundaries thereof, or to the inclusion of his land therein. The board of supervisors shall hear and consider all of the objections, may continue the hearing from time to time and at the conclusion of the hearing shall make its findings in writing. In the findings it may refuse to organize the district, may declare that it intends to organize the district with the boundaries proposed in the petition or may declare that it intends to modify the proposed boundaries and proceed to organize the district with the modified boundaries. B. If the board decides to proceed, it shall publish and post in the same manner provided for publishing and posting the petition and notice of hearing, a notice stating that it has decided to proceed with the organization of the district, briefly describing the boundaries thereof or the lands to be included within the district as determined by it, and fixing a date not less than twenty days after completion of publication and posting, on or before which a written protest against the organization of the district may be filed by the owners of a majority of the acreage within the district. C. If such protest is filed, the district shall not be organized. If no protest is filed, or if one is filed and found insufficient by the board of supervisors, an order shall be entered by the board declaring the district organized, describing the boundaries or all the lands included in the district, and appointing three trustees to serve until the first biennial election and until their successors are elected and qualified. D. The order and a map of the district shall be recorded in the office of the county recorder, whereupon the organization of the district shall be completed. Such districts as organized shall be designated by consecutive numbers in the order of their organization according to counties. 48-3425. Immediate organization of district on filing petition signed by all landowners When a petition filed as provided in section 48-3422 purports to be signed by the owners of the entire acreage in the proposed district and the board of supervisors finds that it is in fact signed by the owners of all of the acreage, the board may immediately enter an order declaring the district duly organized. The order shall have the same effect as if entered pursuant to section 48-3424. 48-3426. Time limitation upon filing action attacking validity of district organization The validity of the organization of the district shall not be questioned in any court, except by the state, unless the action questioning the validity is filed within one year after the order declaring the district organized is filed in the office of the county recorder. 48-3427. Inclusion or exclusion of lands; consolidation of districts A. Upon application signed by a majority of the board of trustees and by the owners of the lands proposed to be admitted or excluded, additional lands may be included in or excluded from the district by order of the board of supervisors. B. Upon application signed by a majority of the board of trustees of each district, the board of supervisors may enter an order consolidating two or more districts. The order shall be recorded in the office of the county recorder. 48-3428. Dissolution The board of supervisors may dissolve any district organized under this chapter. Dissolution shall be ordered only on filing of a petition similar to the petition required on organization, except that the petition need not describe the boundaries of nor the lands within the district but may refer to the district by number or other appropriate designation. The petition shall state that it is the purpose of the petitioners to dissolve the district. No district shall be dissolved unless the petition for dissolution is signed by the majority of the owners of acreage of lots or parcels of land entitled to receive irrigation water from the district. 48-3441. Board of trustees; compensation; employment of personnel; quorum A. The management and control of an irrigation water delivery district is vested in a board of trustees which shall consist of three persons who are landowners within the district. The board may employ personnel necessary to conduct the affairs of the district. Attorneys and engineers shall not be employed on a salary basis, but may be employed to perform specific services. B. The members of the board shall serve without compensation. C. Two members shall constitute a quorum for the transaction of business and all warrants, contracts and instruments involving the payment of money by or creating any obligation binding upon the district shall be signed by at least two members. 48-3442. Bond of trustee Before entering upon his duties, each member of the board shall execute a bond in the amount of one thousand dollars, conditioned upon the faithful performance of his duties and that he will account for all district funds or property coming into his possession. The bond shall be in accordance with and subject to the provisions of law relating to bonds of county officers. 48-3443. Term of office; vacancies A. The trustees appointed at the organization of the district, or elected thereafter, shall hold office for two years from January 1 following their appointment or election and until their successors are elected or appointed and qualified. B. The office of a trustee who removes from the district or who ceases to possess the qualifications of a trustee shall become vacant, and the remaining members shall within thirty days appoint a successor to fill the vacancy for the unexpired term, and issue a certificate of appointment. 48-3444. Biennial election of trustees A. The regular election for trustees shall be held biennially on the third Wednesday in November next prior to the expiration of the regular term of the incumbent board. The election shall be held at a convenient place within the district, or in proximity thereto, to be determined by resolution of the board, after notice thereof posted in three conspicuous places within the district for ten days next preceding the election. B. Prior to the time for posting election notices, the board shall appoint one inspector, one judge and one clerk, who shall constitute a board of election. If the board of trustees fails to appoint the election board, or if the persons appointed, or any of them, do not attend at the opening of the polls on the morning of the election, the electors present at that hour may appoint members to fill the vacancies. The board of trustees shall prescribe the form of ballot, poll lists and tally lists, and shall furnish the necessary number thereof for the conduct of the election. C. The polls shall be opened at nine o'clock in the morning and shall remain open until four o'clock in the afternoon. Members of the election board may administer oaths in connection with the election substantially as required by law for elections in similar districts. D. Every owner of land within the district shall be qualified to vote at the election and shall be entitled to cast one vote for each one-fifth acre of land owned by him. E. The conduct of elections, the determination and certification of results and other details not specifically provided for in this section shall be substantially in accordance with the procedure prescribed in sections 48-2386 through 48-2389. The expense of the election shall be a district charge. F. If for any reason an election is not held on the day appointed therefor, or any trustee fails to be elected, the board of supervisors upon petition of the owners of the majority of the acreage in the district shall appoint a trustee or trustees to fill the vacancy or vacancies. Until the appointment is made, the former trustee or trustees shall continue to hold the office or offices. 48-3445. Secretary of board; board minutes A. Immediately after qualifying, the members of the board shall meet and elect a secretary, who may be one of their number. If the secretary is absent from any board meeting any member present may be appointed to act in his stead. B. The secretary shall keep minutes of all board meetings which shall, when approved by the board, be signed by at least two members thereof. 48-3446. Powers and duties of board; issue of time warrants A. The board may borrow money, incur indebtedness and issue warrants against the district treasurer for the payment of the compensation of employees, purchase of material or equipment, payment of obligations of the district incurred under contracts for water service or other district expense. B. The board may issue time warrants when and if required for any of such purposes in anticipation of the collection of taxes. The time warrants shall be registered, on request of the holder, with the treasurer, and shall bear interest at the rate of seven per cent per annum from the date of registration until paid. 48-3447. Operation and maintenance of water delivery works by district; right of eminent domain A. Each landowner within the district shall immediately after the organization thereof place the ditch, pipe line or conduit and other facilities connected therewith through which irrigation water is delivered to his land, in fair condition. If no such ditch, pipe line or conduit exists he shall construct one at his own expense, together with the usual appurtenances thereto. Thereafter all ditches, pipe lines, conduits and other facilities shall be operated and maintained by the district. B. If any landowner neglects or refuses to comply with this section, the delivery of water to his land may be refused until he complies, or the district may proceed to construct or repair the ditch, pipe line, conduit and other facilities, and the amount so expended by the district for the benefit of any landowner shall be assessed against the landowner and collected in addition to the charges for delivery of water. C. The district may condemn rights of way for the purposes of this chapter as provided by the laws of the state relating to eminent domain. 48-3448. Use of roads and streets as right of way Any irrigation water delivery district may use the public highways, roads, streets and alleys in or outside the district which may be needed for rights of way, subject to such reasonable restrictions as may be imposed by the board of supervisors of the county or by the governing body of a city or town within their respective jurisdictions. If a controversy arises over the exercise of such right, the question shall be submitted to and decided by the corporation commission. 48-3449. Irrigation service to nondistrict lands A district may contract to provide irrigation service to lands not included within the district, at charges which shall be not less and on terms not more favorable than for similar service to district lands, including all overhead expense and costs provided for by taxation and otherwise. 48-3450. Restrictions upon delivery of water by district The delivery of water to landowners under this chapter shall be subject to the laws of this state with respect thereto, to the provisions of this chapter, and to such rules and regulations not inconsistent with law as the board of trustees may adopt, or to the provisions of any contract made by the district. 48-3451. Suspension of district functions A. The board of supervisors may suspend the functions of delivering and distributing irrigation water and of maintaining the ditches, pipe lines and other facilities for delivering irrigation water of any irrigation water delivery district upon application in the same form and by the same procedure as prescribed for dissolution of a district, except that the petition shall state that the purpose of the petitioners is to suspend the functions of delivering water and maintaining water delivery facilities. B. Before ordering suspension of such functions, the board of supervisors shall ascertain that a hardship will not thereby be worked upon any landowner not a signatory to the petition. The order of the board of supervisors shall state that the functions of the district are suspended until further order of the board. C. When the functions of a district are suspended by order of the board of supervisors they may be reinstated only upon petition signed by the owners of a majority of the acreage in the district and upon giving notice and opportunity to protest as provided for the organization of a district, or upon petition signed by all landowners in the district. D. During the suspension of such functions, the district shall possess and may continue to exercise all powers conferred upon it by law which are not suspended by the order of the board of supervisors. If requested in the petition for organization, the powers may be suspended by the order organizing the district, and in such event the district shall not exercise the suspended powers until authorized to do so by order of the board of supervisors made upon majority petition and notice, or upon unanimous petition as provided by this chapter. 48-3471. District treasurer; district funds The treasurer of the county in which the district is located shall be treasurer ex officio of the district. He shall keep all monies of the district in a separate fund, or upon the direction of the board of trustees, in more than one separate fund, and shall pay from such fund or funds only on warrants drawn on the fund or funds and signed by at least two board members. All district monies shall within two weeks after receipt thereof by the board be deposited with the treasurer by the secretary of the district. 48-3472. District property exempt from taxation; tax levy; service charges A. Property owned or used by districts organized under this chapter shall be exempt from taxation when used for district purposes. B. The expense of maintaining the district wells, ditches or conduit system, including reasonable overhead and office expense and including amounts contracted to be paid to any irrigation district for or in connection with such services, along with any other capital expense, shall be provided for by taxes levied and collected as prescribed by this article. C. The cost of distributing and measuring water to the several parcels of land receiving the water, including the actual operation of the headgates and other works of the district and the necessary expense of keeping such records in connection with the operation as the board of trustees prescribes, shall be paid from money collected from service charges imposed upon lands pursuant to section 48-3475 for the delivery of water. 48-3473. Estimate of expenses; levy and collection of taxes A. On or before July 1 each year the board of trustees shall estimate the amount of money necessary to be raised by taxation to defray district expenses including assessments and charges to irrigation projects, if any have been assessed, up to the time when funds will be available from the next tax levy. The estimate shall take into account any deficit or surplus from the preceding year or years. B. The board shall certify the estimate to the board of supervisors and the board shall annually, at the time county taxes are levied, levy a tax sufficient to raise the amount of the estimate, plus not less than fifteen per cent for anticipated delinquencies. District taxes shall be assessed and levied only on lands within the district and shall be apportioned among the several parcels of land on an acreage basis. If the board of trustees of a district fails to certify the estimate to the board of supervisors, the board of supervisors shall make a levy for the amount of the estimate certified the preceding year, plus fifteen per cent for delinquencies. Except as otherwise provided in this chapter, the taxes shall be assessed, levied and collected in the same manner as county taxes. C. In order to entitle any parcel of land to water service, district taxes against such parcel may be paid to the treasurer separately from other taxes, and the county treasurer shall issue receipts therefor when so paid in such form that the receipt may be presented to the authorized representative of the district and recognized as authority to make delivery of water to such parcel of land. If the district taxes against any parcel of land are not paid separately, the county treasurer shall not omit the collection thereof at the time payment is made of other taxes for the same period against such parcel of land. 48-3474. Credit on district taxes for irrigation project charges against lands within project A. If any parcel of land within an irrigation water delivery district is part of an established irrigation project organized under any law of the state relating to irrigation, electrical or agricultural improvement districts, or of any reclamation project of the United States, and is subject to project taxes, assessments or charges payable directly to such district or project, exclusive of charges for service to such parcel of land under any contract or arrangement between the district or project and the irrigation water delivery district, the owner of the parcel of land shall be entitled to a credit on district taxes for any year equal to the amount of the assessments and charges paid to the district or project for that year. The county treasurer shall accept the receipt of any such project or district as evidence of payment, and shall give credit therefor by notation on his records. In the preparation of the annual estimate of expenses as provided by section 48-3473, all such credits shall be anticipated by the board of trustees and a corresponding adjustment made in the estimate of revenue necessary to meet the expenses of the district. B. Any irrigation water delivery district may contract with an irrigation project within which any or all of the district lands are included, to pay project taxes, assessments or charges of the project on behalf of any or all of the lands of the irrigation water delivery district, and if such contract is executed the amount of such assessments and charges shall be added to the district estimate of expenses and assessed and levied as district taxes against the lands for and on account of which they are contracted to be paid. 48-3475. Service charges payable other than by taxation A. The board of trustees, at the time of making the annual estimate of expenses, shall estimate the amount of district expenses for a like period not to be paid from taxes. The estimate shall be based on subsisting contracts for furnishing or distributing water, costs of similar items in previous years and other available information, and the board shall fix a service charge, as uniformly distributed according to acreage as is practicable, over the parcels of land which the board anticipates will actually demand and receive irrigation service during the period, allowing a reasonable margin of not less than fifteen per cent for unforeseen contingencies and inaccuracy of estimate. The board may adopt a sliding scale of rates according to the cost of serving different sized parcels, as it deems equitable. If the operation of the district's irrigation system is provided for by contract with any individual, organization or irrigation project, the board of trustees shall fix the service charges in conformity with the terms of the contract. B. If, in the discretion of the board of trustees, it is necessary to measure the water actually delivered to the parcels of property receiving irrigation water delivery service to determine the service charge, the board of trustees at the time of making the annual estimate of expenses shall estimate all expenses as provided in subsection A and estimate the total expected water use. The board may fix the service charge per unit measure of water, allowing a reasonable margin of not less than fifteen per cent for unforeseen contingencies and inaccuracy of estimate. The service charge for water actually used may be assessed directly by the board at periodic intervals, not to exceed twelve per year, against the parcels of land actually receiving irrigation service. C. Rates for water service to district lands shall not be subject to regulation by the corporation commission. 48-3476. Payment of district taxes required in advance A. Before any particular parcel of district land is entitled to irrigation service, all district taxes and charges for the construction or repair of facilities standing against such parcel, whether for the current year or carried forward from a previous year or years, together with all penalties and interest for failure to make payment when due, shall be paid in full. B. Any trustee who knowingly authorizes and effects the delivery of water to any parcel of district land on which the taxes and charges specified in subsection A have not been paid, shall be personally liable for payment thereof. If an individual, organization or irrigation project, having a contract with the district, delivers water to any parcel of district land for or on account of which such charges and taxes have not been paid, such individual, organization or irrigation project shall be liable to the district in the amount involved and the district may withhold such amount from any payments due such individual, organization or project until the payments have been made. 48-3477. Reimbursement for county services Services provided by a county to an irrigation water delivery district are subject to reimbursement pursuant to section 11-251.06.