45-2423

45-2423. Powers and duties of
authority

A. The authority, acting through its commission, shall:

1. Administer the Arizona water banking fund in accordance with this chapter.

2. Coordinate its staffing needs with the director and CAWCD.

3. Coordinate the storage of water and distribution and extinguishment of long-term
storage credits with the director in accordance with this chapter and the water
management objectives set forth in chapter 2 of this title.

4. Coordinate with CAWCD for the purchase, delivery and storage of Colorado river
water delivered through the central Arizona project in accordance with this chapter.

5. Coordinate and confer with state agencies, municipal corporations, special
districts, authorities, other political subdivisions, private entities, Indian
communities and the United States on matters within their jurisdiction relating to the
policy and purposes of this chapter.

6. Determine, on an annual basis, the quantity of Colorado river water, surface
water other than Colorado river water and effluent to be stored by the authority and
where that storage will occur.

7. Account for, hold and distribute or extinguish long-term storage credits in
accordance with this chapter.

8. Comply with all aspects of chapter 3.1 of this title.

9. Perform the authority's replenishment responsibilities under chapter 15, article
3 of this title with monies appropriated from the state general fund by the legislature
for that purpose and to the extent that monies appropriated by the legislature for that
purpose are not available, with monies collected in the Pinal active management area
pursuant to section 45-611, subsection C, paragraph 3.

10. Carry out the obligations of this state under section 105 of Public Law 108-451
as agent for this state, including the direct delivery of water to Indian communities in
this state and the leasing of non-Indian agricultural priority and Indian priority
central Arizona project water as prescribed by article 5 of this chapter.

11. Adopt an official seal for the authentication of its records, decisions and
resolutions.

12. Keep the minutes of its meetings and all records, reports and other information
relating to its work and programs in permanent form, systematically indexed and filed.

B. The authority, acting through its commission, may:

1. Apply for and hold water storage permits.

2. Accrue, exchange, assign, lend and hold long-term storage credits in accordance
with this chapter.

3. Exchange Colorado river water for any type of water in accordance with chapter 4
of this title.

4. Enter into water banking services agreements.

5. Charge fees for water banking services.

6. Apply for and hold any water quality permit required for water storage by the
department of environmental quality under title 49, chapter 2, article 3 or by federal
law.

7. Make and execute all contracts, including intergovernmental agreements pursuant
to title 11, chapter 7, article 3, that shall be signed by the chairperson, or in the
chairperson's absence the vice-chairperson, and attested by the secretary, necessary to:

(a) Obtain for storage Colorado river water delivered through the central Arizona
project. Agreements by which the authority obtains Colorado river water are exempt from
the requirements of title 41, chapter 23.

(b) Obtain effluent or surface water other than Colorado river water for storage
but only after the authority has stored all available excess Central Arizona project
water or when central Arizona project water is otherwise unavailable or undeliverable.

(d) Store water for purposes of this chapter at permitted storage facilities.

(e) Distribute long-term storage credits earned by the authority to make water
available to municipal and industrial users of Colorado river water in this state that
are inside or outside of the CAWCD service area, in accordance with the provisions of
this chapter.

(f) Store Colorado river water in Arizona on behalf of appropriately authorized
agencies in California and Nevada.

(g) Cause a decrease in Arizona diversions from the Colorado river, ensuring that
Arizona will use less than its full entitlement to Colorado river water in years in which
California and Nevada agencies are contractually authorized to call on the water stored
on their behalf by the authority.

(h) Distribute long-term storage credits earned by the authority on behalf of
agencies in California and Nevada to Colorado river water users in Arizona to use in
place of Colorado river water that would have otherwise been used by those Arizona users.

(i) Replenish water pursuant to chapter 15, article 3 of this title, including
entering into an intergovernmental agreement with the Gila river Indian community
pursuant to section 45-2624.

(j) Distribute long-term storage credits earned by the authority to make water
available to Indian communities in this state for Indian firming measures pursuant to
article 5 of this chapter.

8. Sue and be sued.

9. Perform all other acts necessary for the authority to carry out its purposes,
powers and duties in accordance with this chapter.

10. Submit a request for a general fund appropriation to the legislature each year.
A request shall be accompanied by a budget detailing how the appropriation would be used
and justifying the need for the appropriation.

11. Form temporary committees as deemed necessary by the authority to provide the
authority with advice on issues identified by the authority. Advisory committees may
consist of members of the public selected by the authority, members of the authority and
authority staff.

12. Purchase long-term storage credits accrued by an Indian community pursuant to
section 45-841.01, provided such long-term storage credits are distributed or
extinguished in accordance with the rules of operation specified in section 45-2457 for
the funds used by the authority to purchase the credits.