48-3774

48-3774. Qualification as member land

A. Real property qualifies as member land only if all of the following apply:

1. The real property is located in an active management area in which a part of the
central Arizona project aqueduct is located.

2. The real property is not in a member service area or in a groundwater
replenishment district under chapter 27 of this title.

3. The real property is not a water district member land or a parcel of water
district member land, or in a water district member service area established under
chapter 28 of this title.

4. The conditions stated in section 45-576.01, subsection B, paragraphs 2 and 3 are
satisfied with respect to the district at the time of the qualification.

5. The owner of the real property, or other person or entity, such as a property
owners' or homeowners' association, if the person or entity has proper authority, records
a declaration that has been approved by the district against the real property in the
official records of the county where the real property is located that:

(a) Contains the legal description of the real property.

(b) Declares the intent of the owner that the real property qualify as member land
under this chapter.

(c) Declares that, in order to permit the delivery of excess groundwater to the
real property, each parcel of member land thereafter established at the real property is
subject to a parcel replenishment obligation and to a replenishment assessment to be
determined by the district.

(d) Declares that qualifying as member land and subjecting the real property to the
parcel replenishment obligation and the replenishment assessment directly benefits the
real property by increasing the potential of the property to qualify for a certificate of
assured water supply issued by the department of water resources pursuant to title 45,
chapter 2, article 9, thereby allowing the development, use and enjoyment of the real
property.

(e) Contains a covenant that is binding against the real property and each parcel
of member land thereafter established at the real property to pay to the district a
replenishment assessment based on the parcel replenishment obligation in an amount
determined by the district pursuant to section 48-3772, subsection A.

(f) Declares that the district may impose a lien on the real property and each
parcel of member land thereafter established at the real property to secure payment of
the replenishment assessment and any applicable replenishment reserve fee.

(g) Declares that the covenants, conditions and restrictions contained in the
declaration run with the land and bind all successors and assigns of the owner.

B. The declaration may contain covenants, conditions and restrictions in addition
to those prescribed by this section. The declaration may be an amendment or supplement
to covenants, conditions and restrictions recorded against developed or undeveloped land.

C. Notwithstanding subsection A of this section, no real property qualifies as
member land unless the municipal provider that will provide water to the real property
that is subject to the declaration records in the official records of the county where
the real property is located an agreement between the district and the municipal provider
that contains both of the following:

1. The legal description of the real property and the tax parcel numbers for the
real property.

2. An agreement by the municipal provider to submit to the district by March 31 of
each year after the recordation of the instrument the information prescribed by section
48-3775, subsection A and such other information as the district may reasonably request.