Reference Title: CAWCD board; population basis

AN ACT
AMENDING SECTIONS 48-3701 AND 48-3708, ARIZONA REVISED STATUTES; RELATING TO MULTI-COUNTY WATER CONSERVATION DISTRICTS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 48-3701, Arizona Revised Statutes, is amended to read:

48-3701 . Definitions

In this chapter, unless the context otherwise requires:

1. "Active management area" means an active management area established under title 45, chapter 2, article 2.

2. "Board" means the board of directors of a multi-county water conservation district.

3. "Contract replenishment obligation" means an amount of groundwater that the district contracts to replenish in a year on behalf of a municipal provider pursuant to a contract authorized under section 48-3772, subsection B, paragraph 9.

4. "Credits" means any groundwater in addition to the amount of groundwater that may be used at a member land or delivered within a member service area for use within the member service area pursuant to the applicable assured water supply rules adopted by the department of water resources.

5. "Declaration" means an instrument recorded against real property and conforming to the requirements prescribed by section 48-3774, subsection A, paragraph 5.

6. "District" means a multi-county water conservation district , organized under the authority of this chapter.

7. "Excess groundwater" means an amount of groundwater equal to that amount of groundwater delivered to a member land in a calendar year or delivered within a member service area by the municipal provider for that member service area in a calendar year in excess of the amount of groundwater that may be used at the member land in that calendar year or THAT may be delivered by the municipal provider for use within the member service area in that calendar year AND consistent with the applicable assured water supply rules adopted by the department of water resources for the active management area where the member land or the member service area is located.

8. "Groundwater replenishment obligation" means, for each active management area in which member lands or member service areas are or may be located, the total of the cumulative parcel replenishment obligation of all parcels of member land in that active management area for a particular calendar year plus the cumulative service area replenishment obligation of all member service areas in that active management area for a particular calendar year.

9. "Member land" means any real property that meets the requirements of section 48-3774.

10. "Member service area" means the service area of a municipal provider that qualifies as a member service area under section 48-3780, including any additions to or extensions of the service area.

11. "Multi-county water conservation district" means a district composed of three or more counties which have joined together for the creation of a district.

12. "Municipal provider" means a city, town or private water company.

13. "Parcel of member land" means any portion of member land for which the tax assessor for the county in which the member land is located has issued a separate county parcel number.

14. "Parcel replenishment obligation" means, with respect to any particular parcel of member land, an amount of groundwater that is equal to the amount of groundwater delivered to the parcel of member land in a calendar year multiplied by the percentage that the excess groundwater of the applicable member land for that year bears to the total amount of groundwater delivered to the applicable member land during that year.

15. "POPULATION" MEANS THE POPULATION DETERMINED IN THE MOST RECENT UNITED STATES DECENNIAL CENSUS.

15. 16. "Private water company" has the same meaning as prescribed in section 45-402.

16. 17. "Replenish" means to increase the amount of groundwater in an aquifer through water storage pursuant to title 45, chapter 3.1 for the purpose of meeting the obligations of article 4 of this chapter.

17. 18. "Resolution" means a resolution adopted by the governing body of a city or town, by the board of directors of a private water company that is a corporation, by the general partners of a private water company that is a partnership or by the individual owners of a private water company that is individually owned.

18. 19. "Secretary" means the secretary of the interior of the United States of America.

19. 20. "Service area" has the same meaning as prescribed in section 45-402.

20. 21. "Service area replenishment obligation" means, with respect to any particular member service area, the excess groundwater of that member service area in a particular calendar year reduced by the replenishment credits, if any, applied by the municipal provider with respect to the member service area under section 48-3772, subsection I.

21. 22. "Water storage" has the same meaning as prescribed by IN section 45-802.01.

Sec. 2. Section 48-3708, Arizona Revised Statutes, is amended to read:

48-3708 . Board of directors; members; term; compensation

A. A district shall be administered by a board of directors to be determined on a population basis. Each county within the district which has a population of less than two hundred thousand persons according to the most recent United States decennial census shall elect one director; each county with a population of not less than two hundred thousand but less than seven hundred thousand persons according to the most recent United States decennial census shall elect four directors; and each county with a population of seven hundred thousand or more persons according to the most recent United States decennial census shall elect ten directors. AS FOLLOWS:

1. THE QUALIFIED ELECTORS FROM EACH COUNTY IN THE DISTRICT THAT HAS A POPULATION OF LESS THAN SIX HUNDRED THOUSAND PERSONS SHALL ELECT ONE DIRECTOR.

2. THE QUALIFIED ELECTORS FROM EACH COUNTY IN THE DISTRICT THAT HAS A POPULATION OF AT LEAST SIX HUNDRED THOUSAND PERSONS BUT NOT MORE THAN TWO MILLION ONE HUNDRED THOUSAND PERSONS SHALL ELECT FOUR DIRECTORS.

3. THE QUALIFIED ELECTORS FROM EACH COUNTY IN THE DISTRICT THAT HAS A POPULATION OF MORE THAN TWO MILLION ONE HUNDRED THOUSAND PERSONS SHALL ELECT TEN DIRECTORS.

B. EACH DIRECTOR IS ENTITLED TO A WEIGHTED VOTE THAT IS DETERMINED AS FOLLOWS:

1. THE DIRECTOR FROM A COUNTY REPRESENTED BY ONE DIRECTOR IS ENTITLED TO ONE VOTE.

2. THE DIRECTORS FROM A COUNTY REPRESENTED BY FOUR DIRECTORS ARE EACH ENTITLED TO A VOTE EQUAL TO THE POPULATION OF THAT COUNTY DIVIDED BY THE POPULATION OF THE LEAST POPULOUS COUNTY AND DIVIDED BY FOUR.

3. THE DIRECTORS FROM A COUNTY REPRESENTED BY TEN DIRECTORS ARE EACH ENTITLED TO A VOTE EQUAL TO THE POPULATION OF THAT COUNTY DIVIDED BY THE POPULATION OF THE LEAST POPULOUS COUNTY AND DIVIDED BY TEN.

A director shall be a qualified elector of the county from which he THE DIRECTOR is elected .

B. At the general election to be held in 1980, one-half of the directors from the most populous county shall be elected to serve terms of six years; all of the directors from the two least populous counties shall be elected to serve terms of four years; and one-half of the directors from the most populous county shall be elected to serve terms of two years. A candidate for director at the 1980 general election shall in his nominating petition designate the term for which he is running. Thereafter, as the term of each director expires, his successor shall be elected to serve AND SHALL SERVE a term of six years. Each director shall assume his duties on January 1 , subsequent to his AFTER THE DIRECTOR'S election.

C. A vacancy on the board of directors shall be filled by appointment by the governor.

D. Each director shall serve without compensation, except that he THE DIRECTOR shall be reimbursed for his travel and subsistence while engaged in the business of the district in the same manner as is provided by law for state officers.

E. Members of the board and officers shall be public officers and shall be subject to all provisions of law applicable to such officers. The provisions of title 38, chapter 3, article 8, relating to conflict of interest , are applicable to all officers and employees of the district.

APPROVED BY THE GOVERNOR APRIL 26, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 1999.