48-4462. Powers of the district

The district, acting through its board, may:

1. Develop, plan, design, finance, construct, acquire, own, lease, operate, maintain, replace and dispose of by gift, sale or exchange any of the works, facilities, machinery, equipment, canals, conduits, pipelines, land, property or rights needed to develop, store, augment, conserve, transport, treat or replenish water for the benefit of the district members or to otherwise carry out the purposes of this chapter, except that a district may not:

(a) Undertake any activities related to collecting, transporting or treating untreated sewage.

(b) Withdraw any groundwater in the district for sale or resale to any person.

(c) Permanently store water on or above the surface of the ground.

(d) Treat water before sale or resale to any person, except as provided in paragraph 3 of this section.

(e) Fund watershed management or weather modification programs in this state.

(f) Sell, resell, deliver or distribute electricity to others, including district members.

2. Apply for or hold a permit issued by the director of water resources pursuant to title 45, chapter 3.1.

3. Acquire and treat outflow from a sanitary wastewater treatment plant to:

(a) Add water to an aquifer pursuant to title 45, chapter 3.1 if the treated water is a cost efficient water supply in comparison to other available water sources.

(b) Deliver water directly to district members pursuant to section 48-4469.

(c) Exchange the treated water for another source of water.

4. Acquire electricity or other forms of energy that are necessary to transport water or otherwise carry out the purposes of this chapter, except that a district may not acquire electrical power or energy sold, offered for sale or otherwise disposed of pursuant to title 30, chapter 1 or title 45, chapter 10.

5. Cogenerate electricity that is necessary to transport water or otherwise carry out the purposes of this chapter as a qualified facility under the public utility regulatory policies act of 1978, as amended (P.L. 95-617), and sell any energy and capacity that are made available from the qualifying facility only to an electric utility pursuant to 18 Code of Federal Regulations section 292.303 and only for resale by the purchasing electric utility. The district shall not sell, resell, deliver or distribute electricity to others, including district members.

6. Raise capital, borrow money, invest monies, create debt, assume debt, refinance debt and accept grants, gifts or donations of money or other property that may be expended to carry out the purposes of this chapter.

7. Sue and be sued.

8. Employ those persons necessary to exercise its powers.

9. Acquire, lease, exchange and dispose of real property and exercise the power of eminent domain to carry out the purposes of this chapter, but the district shall not exercise the power of eminent domain to condemn:

(a) Water, water use, water rights, water contracts, water storage contracts or existing projects or facilities owned by a governmental entity to produce, transport, deliver, use or store water.

(b) Electrical facilities, electrical contracts or the means to produce electricity.

(c) The use of state trust lands, whether leased or unleased.

10. Levy and collect fees, charges, taxes and such other revenues as provided for in this chapter.

11. Determine the amount of groundwater that may be withdrawn in the district by district members without payment as provided for in this chapter and require payment from district members that withdraw more groundwater than that amount.

12. Acquire, transport, hold, exchange, own, lease, replenish or deliver water, except groundwater withdrawn in the district, for the benefit of the district members.

13. Acquire, hold, exchange, own, lease, retire or dispose of water rights located outside the district for the benefit of district members.

14. Require district members to provide such information, in such form and within the time limits prescribed by the district, as may be necessary to carry out the purposes of this chapter.

15. Act jointly or cooperate with the United States, an agency of the United States, an Indian community, an agency of an Indian community, this state, an agency of this state or any other person to carry out the purposes of this chapter.

16. Enter into contracts with a multi-county water conservation district to transport water through central Arizona project facilities if that district determines that sufficient capacity in the facilities is available and under such terms and conditions as that district establishes.

17. Perform all other acts necessary to carry out the purposes of this chapter.

48-4462. Powers of the district

The district, acting through its board, may:

1. Develop, plan, design, finance, construct, acquire, own, lease, operate, maintain, replace and dispose of by gift, sale or exchange any of the works, facilities, machinery, equipment, canals, conduits, pipelines, land, property or rights needed to develop, store, augment, conserve, transport, treat or replenish water for the benefit of the district members or to otherwise carry out the purposes of this chapter, except that a district may not:

(a) Undertake any activities related to collecting, transporting or treating untreated sewage.

(b) Withdraw any groundwater in the district for sale or resale to any person.

(c) Permanently store water on or above the surface of the ground.

(d) Treat water before sale or resale to any person, except as provided in paragraph 3 of this section.

(e) Fund watershed management or weather modification programs in this state.

(f) Sell, resell, deliver or distribute electricity to others, including district members.

2. Apply for or hold a permit issued by the director of water resources pursuant to title 45, chapter 3.1.

3. Acquire and treat outflow from a sanitary wastewater treatment plant to:

(a) Add water to an aquifer pursuant to title 45, chapter 3.1 if the treated water is a cost efficient water supply in comparison to other available water sources.

(b) Deliver water directly to district members pursuant to section 48-4469.

(c) Exchange the treated water for another source of water.

4. Acquire electricity or other forms of energy that are necessary to transport water or otherwise carry out the purposes of this chapter, except that a district may not acquire electrical power or energy sold, offered for sale or otherwise disposed of pursuant to title 30, chapter 1 or title 45, chapter 10.

5. Cogenerate electricity that is necessary to transport water or otherwise carry out the purposes of this chapter as a qualified facility under the public utility regulatory policies act of 1978, as amended (P.L. 95-617), and sell any energy and capacity that are made available from the qualifying facility only to an electric utility pursuant to 18 Code of Federal Regulations section 292.303 and only for resale by the purchasing electric utility. The district shall not sell, resell, deliver or distribute electricity to others, including district members.

6. Raise capital, borrow money, invest monies, create debt, assume debt, refinance debt and accept grants, gifts or donations of money or other property that may be expended to carry out the purposes of this chapter.

7. Sue and be sued.

8. Employ those persons necessary to exercise its powers.

9. Acquire, lease, exchange and dispose of real property and exercise the power of eminent domain to carry out the purposes of this chapter, but the district shall not exercise the power of eminent domain to condemn:

(a) Water, water use, water rights, water contracts, water storage contracts or existing projects or facilities owned by a governmental entity to produce, transport, deliver, use or store water.

(b) Electrical facilities, electrical contracts or the means to produce electricity.

(c) The use of state trust lands, whether leased or unleased.

10. Levy and collect fees, charges, taxes and such other revenues as provided for in this chapter.

11. Determine the amount of groundwater that may be withdrawn in the district by district members without payment as provided for in this chapter and require payment from district members that withdraw more groundwater than that amount.

12. Acquire, transport, hold, exchange, own, lease, replenish or deliver water, except groundwater withdrawn in the district, for the benefit of the district members.

13. Acquire, hold, exchange, own, lease, retire or dispose of water rights located outside the district for the benefit of district members.

14. Require district members to provide such information, in such form and within the time limits prescribed by the district, as may be necessary to carry out the purposes of this chapter.

15. Act jointly or cooperate with the United States, an agency of the United States, an Indian community, an agency of an Indian community, this state, an agency of this state or any other person to carry out the purposes of this chapter.

16. Enter into contracts with a multi-county water conservation district to transport water through central Arizona project facilities if that district determines that sufficient capacity in the facilities is available and under such terms and conditions as that district establishes.

17. Perform all other acts necessary to carry out the purposes of this chapter.