45-2421

45-2421. Arizona water banking
authority

A. The Arizona water banking authority is established. The purposes, powers and
duties of the authority shall be executed by a commission to be known as the Arizona
water banking authority commission.

B. The commission consists of the following members who are residents of this
state:

1. The director of water resources who serves as chairperson of the commission.

2. The president of CAWCD or a representative designated by that president.

3. One person who is appointed by the governor pursuant to section 38-211 and who
is knowledgeable in water resource management.

4. One person appointed by the governor pursuant to section 38-211 who represents
an entity that holds a central Arizona project municipal and industrial subcontract.

5. One person appointed by the governor pursuant to section 38-211 who represents
an entity located in a county adjacent to the mainstream of the Colorado river that holds
a valid contract with the secretary of the interior executed before June 1, 1996, for
diversion and beneficial consumptive use of Colorado river water in that county.

C. The commission members appointed by the governor shall serve a six year term of
office. A member may serve more than one term and may continue to serve beyond the
expiration of the term until a successor is appointed and assumes office. The term of
office for the commission members appointed by the governor begins and ends on the third
Monday in January. The commission members appointed pursuant to subsection B, paragraphs
3, 4 and 5 may be removed by the governor for cause.

D. The commission members appointed by the governor serve without compensation but
are eligible for reimbursement for expenses from the banking fund pursuant to title 38,
chapter 4, article 2.

E. In order to qualify for office members of the commission shall take and
subscribe to an official oath to perform the duties of their office. The oath shall be
filed with the director. The official oaths shall be in the form prescribed by law for
official oaths of state officers.

F. The president of the senate, or a senator designated by the president, and the
speaker of the house of representatives, or a representative designated by the speaker,
shall each serve as nonvoting ex officio members of the commission.

G. Members of the commission are public officers and are subject to all provisions
of law applicable to these officers.

H. Members of the commission are immune from liability for any action necessary to
carry out the purposes of this chapter.