45-1429. Power of Santa Cruz county to
cooperate with and receive assistance from the United States in
flood control projects
A. The board of supervisors of Santa Cruz county is empowered to cooperate with and
receive assistance from the United States or any instrumentality, department or agency
thereof for the construction, at the expense of the United States, as authorized pursuant
to any act of Congress, of a flood control project or projects within the county for
local flood control.
B. Pursuant to the powers granted by the provisions of subsection A, the board of
supervisors of Santa Cruz county is authorized in relation to the flood control project
or projects described in subsection A to:
1. Acquire and provide, without cost to the United States, land, easements and
right of ways necessary for flood control works of improvement.
2. Hold and save the United States or any instrumentality, department or agency
thereof, free from any claim for damages arising from the construction, maintenance and
operation of flood control works of improvement.
3. Construct, carry out, maintain and operate all such works in accordance with
regulations prescribed by the secretary of the army or any authorized agent of the United
States.
4. Establish and enforce flood-channel limits and regulations, if any, satisfactory
to the secretary of the army or any authorized agent of the United States.
C. Notwithstanding anything to the contrary herein set forth, the board of
supervisors of Santa Cruz county shall not exercise any power or authority granted by
paragraphs A and B hereof, 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
the Santa Cruz river watershed, or its tributaries, without having first obtained written
consent of the city of Tucson, the town of Eloy, the city of Casa Grande, and of any and
all irrigation districts or electrical districts, the whole or any part of whose
underground or surface waters are obtained and derived from the Santa Cruz river and the
tributaries.
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