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Arizona Revised Statutes Title 45. Waters § 45-2425. Arizona water banking fund

Current as of January 01, 2025 | Updated by Findlaw Staff

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.  1

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 § 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 § 45-2455, subsection C.

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

6. Monies deposited in the banking fund in accordance with § 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 § 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 § 45-2458.

9. Monies deposited in the fund in accordance with § 45-615.01, subsection G.

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 § 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 § 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 § 45-2471 with the state treasurer pursuant to § 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.  2

1 Section 45-2641.
2 Section 45-2491 et seq.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 45. Waters § 45-2425. Arizona water banking fund - last updated January 01, 2025 | https://codes.findlaw.com/az/title-45-waters/az-rev-st-sect-45-2425/

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