45-1428. Limitations on powers
Notwithstanding section 45-1427, neither the boards of supervisors of Cochise,
Graham or Gila counties nor the governing bodies of the towns of Safford or Thatcher or
the city of Douglas shall exercise any power or authority granted by section 45-1427, nor
shall they undertake or cooperate in either the planning, authorization, construction,
acquisition, extension, improvement, maintenance, or operation of any flood control
structures, dams, systems or projects on any portion of a watershed supplying water to
any dam and reservoir existing within the state of Arizona having a designed water
storage capacity of fifty thousand acre feet or more, or to any existing diversion dam
and canal system having facilities within the state of Arizona designed to divert and
carry not less than one thousand cubic feet per second, without first having obtained the
written consent of the agency, district, association, company or organization owning or
operating or being served by such dam, reservoir, diversion dam and canal system. Such
consent, however, shall only be required from irrigation districts and agricultural
improvement districts organized pursuant to the laws of the state of Arizona as defined
under title 48, and any other associations or organizations operating such dams,
reservoirs, diversion dams and canal systems as a part of a federal reclamation project.
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