48-4855. Acquisition of water

283 words·~1 min read·/az/title-48/48-4855

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

A. The district, subject to the limitations described in section 48-4852, paragraph 4, may:

1. Negotiate to acquire in its own name, or on behalf of an operating unit located in the active management area, water and rights to water which may be legally available to augment the water supply of the active management area. The district shall not acquire a nonrenewable water source from an area outside its own active management area.

2. Sell or exchange any water it acquires in its own name to or with any operating unit in the active management area under such terms as are necessary to ensure the use of the water in a manner consistent with the management goal and plan of the active management area prescribed under title 45, chapter 2, article 9 and the water augmentation plan developed under section 48-4854.

3. Sell, lease, exchange, hold, sever, transfer or retire water rights.

4. Negotiate and enter into agreements to use existing facilities to transport water to the active management area and within the active management area.

5. Apply for and hold, in its own name or on behalf of an operating unit or units, permits that are required by law to engage in any of the activities described in this chapter.

B. The district shall not by contract obligate or bind itself to take delivery of any water until it develops a means to store or dispose of the water.

C. In acquiring, selling, leasing, exchanging, holding, severing, transferring or retiring any water or rights to water, the district shall comply with any applicable federal or state law, regulation, rule, order, permit or other requirement applicable to the water or rights to water.