45-2425

45-2425. Arizona water banking fund

A. The Arizona water banking fund is established and shall include subaccounts
based on funding sources. The authority shall administer the banking fund in accordance
with this chapter.

B. The banking fund consists of all of the following:

1. Monies appropriated from the state general fund by the legislature for water
banking purposes other than replenishment under chapter 15, article 3 of this title.

2. Monies appropriated from the state general fund by the legislature for
replenishment under chapter 15, article 3 of this title.

3. Reimbursement for the distribution of long-term storage credits, collected by
the authority in accordance with section 45-2457, subsection B, paragraph 2.

4. Monies paid to the authority by the recipients of in lieu water at a groundwater
savings facility, in accordance with section 45-2455, subsection C.

5. Monies collected in accordance with section 45-611, subsection C, paragraph 3.

6. Monies deposited in the banking fund in accordance with section 48-3715.03,
subsection B.

7. Monies paid to the authority by agencies that have entered into interstate water
banking agreements with the authority in accordance with section 45-2471. All monies
received through an interstate water banking agreement with the state of Nevada that are
not used to purchase or store water or otherwise fulfill contractual obligations with the
state of Nevada are subject to legislative appropriation.

8. Monies paid to the authority by persons and Indian communities in this state
that have entered into water banking services agreements with the authority in accordance
with section 45-2458.

C. In addition to the monies prescribed in this section, the authority may accept
any gifts, grants or donations and deposit those monies in the banking fund.

D. Monies in the banking fund are exempt from the provisions of section 35-190
relating to lapsing of appropriations. On notice from the authority, the state treasurer
shall invest and divest monies in the fund as provided by section 35-313, and monies
earned from investment shall be credited to the banking fund. The authority may invest
the monies paid to the authority in accordance with section 45-2471 with the state
treasurer pursuant to section 35-326.

E. The authority may use the banking fund to pay all reasonable expenses incurred
in carrying out its duties and responsibilities in accordance with this chapter.

F. The authority shall establish a reserve subaccount in the fund for the deposit
of monies to be used for the purposes of article 5 of this chapter.