37-108. Court actions related to natural resources projects; remedies; account; definition
176 words·~1 min read·
/az/title-37/37-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. In addition to other remedies available by law, a person that files an action in a court of record in this state to enjoin a natural resources project and that does not prevail may be assessed court costs and damages as determined by the court incurred by the natural resources project as a result of the injunction, including any of the following:
1. Costs relating to fire suppression.
2. Costs relating to flooding or damage to the watershed.
3. Costs relating to the damage or loss of natural resources or real property.
B. Any monetary damages awarded by the court pursuant to subsection A of this section shall be deposited in an account established and managed by the department for the purpose of paying for the costs incurred as a result of the injunction, including the costs identified in subsection A of this section.
C. For the purposes of this section, "natural resources project" includes any project that reduces the risk of catastrophic fire or loss from erosion, flooding and landslides or that protects watersheds.