45-1423. Power of Maricopa and Yuma counties to cooperate with federal government in flood control projects
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/az/title-45/45-1423A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. In addition to the general powers vested in counties, the counties of Maricopa and Yuma and the governing bodies thereof are empowered to cooperate with the United States or any instrumentality, department or agency thereof for the construction, at the expense of the United States, as authorized by any act of Congress, of a project or projects on the Salt and Gila rivers and tributaries thereof, in Maricopa and Yuma counties for local flood protection.
B. Pursuant to such powers:
1. The county of Maricopa is authorized in relation to any channel improvement or channel rectification project in Maricopa county on the Salt and Gila rivers and the tributaries thereof to:
(a)Acquire and provide, without cost to the United States, land, easements and rights of way necessary for the construction of flood control projects.
(b)Hold the United States or any instrumentality, department or agency thereof, free from any claim for damages arising from the construction, maintenance and operation of the flood control projects.
(c)Maintain and operate, upon completion, all such works in accordance with regulations prescribed by the secretary of the army, or any authorized agent of the United States.
(d)Establish and enforce flood-channel limits and regulations, if any, satisfactory to the secretary of the army for the protection of the flood-carrying capacity of the channel.
2. The county of Yuma is authorized in relation to any dam and reservoir project on the Gila river to:
(a)Keep free from encroachment the flood channel of the Gila river down stream from the proposed Painted Rock dam and reservoir.
(b)Procure without cost to the United States the adjustment of water rights claims, if any, that result from the improvement.