45-576.10. Waterlogged area; assured water supply; designation

301 words·~1 min read·/az/title-45/45-576-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. On application to the department by a city or town, the director may designate a portion of a city or town that is located both in the area delineated for exemption under section 45-411.01 and in the Phoenix active management area as having an assured water supply if all of the following apply:

1. The portion of the city or town seeking an assured water supply designation is located entirely within an irrigation and water conservation district established pursuant to title 48, chapter 19.

2. The city or town seeking an assured water supply designation has contracted with the irrigation and water conservation district for a term of not less than one hundred years under which the city or town will receive water that the landowners in the district have the right to use on their lands and will treat and deliver the water for exclusive use on irrigation and conservation district lands for municipal use.

3. Sufficient surface water or effluent of an adequate quality will be continuously available to satisfy the portion of a city's or town's proposed water needs for not less than one hundred years.

4. The city or town demonstrates the financial capability to construct the water facilities, including delivery systems, storage facilities and treatment works, necessary to make the supply of water available for the proposed use. The director may accept evidence of the construction assurances required by section 9-463.01, 11-822 or 32-2181 to satisfy this requirement.

B. For the purposes of this section and within an exemption area established pursuant to section 45-411.01:

1. The director may review the determination that a portion of a city or town has an assured water supply.

2. The director may determine that a portion of a city or town does not have an assured water supply.