45-2245

45-2245. Acquisition and disposition of water
in excess of initial quantity

A. The authority may contract with the United States for the delivery of Colorado
river water in excess of the initial eighteen thousand five hundred acre-feet a year that
the United States makes available to the authority.

B. The authority may apportion Colorado river water, water credits or effluent that
it obtains in excess of the initial eighteen thousand five hundred acre-feet a year
between municipal and industrial uses in the manner that the authority determines to be
appropriate after considering the water needs of the county in which the authority is
formed.

C. The authority may contract with a multi-county water conservation district or
its successors or with subcontractors of a multi-county water conservation district or
their successors for the delivery to the authority of Colorado river water available to
the central Arizona project.

D. The authority may purchase, lease, sever, transfer or retire water rights to the
Colorado river in this state.

E. The authority may lease Colorado river water apportioned to this state from
Indian tribes that are entitled by decree to that water and whose reservations are
located in the lower basin of the Colorado river system in this state.

F. The authority may store, recharge and recover any water or effluent available to
the authority to the extent allowed under any provision of chapter 3.1 of this title and
may enter into exchanges of water or of water credits within or outside the county in
which the authority is formed to the extent allowed under any provision of chapter 4 of
this title.

G. The authority may contract for the storage or recovery of effluent to the extent
allowed under any provision of chapter 3.1 of this title and may contract for the
delivery or purchase of effluent.

H. Under terms specified by the authority and subject to subsection B, the
authority may enter into subcontracts with authority members and other water providers in
the county where the authority is formed for the sale, exchange or other disposition of
Colorado river water, water credits or effluent acquired by the authority pursuant to
this section. In connection with those subcontracts, the authority may charge or impose
standby or holding charges, development impact fees, connection fees, extraction fees,
user fees, administrative fees or any other fees or charges that the authority determines
to be necessary to recover the authority's costs of making the water, water credits or
effluent available under the subcontract. The authority may impose additional fees or
charges as the authority determines to be necessary or prudent to fund the acquisition of
replacement supplies of water for the authority.

I. Any subcontract under this section shall require Colorado river water delivered
pursuant to the subcontract to be used in the county in which the authority is formed.