HomeMy WebLinkAboutResolution 95-062 agreement with the central arizona water conservation district relating to groundwater replenishment membershipRF_~OLLq~ON NO. 95-62
A RESOLUTION OF ~ MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING TYrE TOWN TO ENTER ENTO A MY_2vfBER SERVICE
AREA AGRI:.VMENT WITH TI-IE CENTRAL ARIZONA WATER CONSERVATION
DISTRICT (CAWCD) PROVIDING FOR MEMBERSIqlP IN THE CENTRAL ARIZONA
GROUNDWATER REPLENISHMENT DISTRICT.
WI-IEREAS, the Town of Marana, an Arizona municipality, is engaged in the business
of providing water utility service within the Service Area depicted on the map attached as
Exhibit A; and
WHEREAS, the Town of Mararia has applied to the Arizona Department of Water
Resources for a designation of assured water supply for the Service Area pursuant to Arizona
Revised Sramms Title 45, Chapter 2, Article 9; and
WHEREAS, as permitted by A.R.S. § 45-576.01(B), the Town of Mararia desires to
satisfy one requirement for obtaining a designation of assured water supply by qualifying the
Service Area as a Member Service Area pursuant to the Groundwater Replenishment Statute and,
as a Member Service Area, the Town will be a member of the Central Arizona Groundwater
Replenishment District, an operating subdivision of CAWCD; and
WHEREAS, the foliowing words, when used in this Resolution shall have the meanings
indicated below:
"CAWCD" means the Central Arizona Water Conservation District, a political
subdivision of the State of Arizona, and any successor political subdivision.
"EXCESS GROITNDWATER" means the amount of Groundwater equal to the
amount of Groundwater delivered by the Municipal Provider within the Service
Area in a calendar year in excess of the amount of Groundwater that may be
delivered by the Municipal Provider for use within the Service Area in that
calendar year consistent with the applicable Assured and Adequate Water Supply
Rules adopted by the ~-izona Department of Water Resources for the Tucson
Active Management Area, and consistent with the terms of Exhibit B to this
Resolution.
3. "GROUNDWATER" is as defined in Arizona Revised Statutes § 45-101(4).
"GROUNDWATER REPLENISH/VI~NT STATUTE" means Arizona Revised
Resolution No, 95-62
Statutes, Title 48, Chapter 22.
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( 5. "MEMBER SERVICE AREA" is as defined in Arizona Revised Statutes § 4.8-
3701(10).
"MUNICIPAL PROVIDER" means the Town of Mararia and its successors and
assigns.
"RESOLUTION" means this Resolution of the Town Council of the Town of
Marana Regarding Membership in the Central Arizona Groundwater
Replenishment District.
o
"SERVICE AREA' means the service area depicted in Exhibit A, attached and
incorporated into this Resolution.
"SERVICE AREA REPLENISHMENT OBLIGATION" means, with respect to
the Service Area, the excess Groundwater of the Service Area in a particular
calendar year reduced by the replenishment credits, if any, applied by the
Municipal Provider with respect to the Service Area under Arizona Revised
Statutes § 48-3772(I).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona that the Town of Marana intends that the Service Area qualify as a Member
Service Area under the Groundwater Replenishment Statute.
BE IT FURTHKR RESOLVED that for the privilege of withdrawing and delivering
Excess Groundwater within the Service Area and to ensure the continued exercise of that
privilege, the Town shall pay an annual replenishment tax to be determined by CAWCD.
BE IT FURTHER RF_.SOLVED that the Town promises and binds itself to pay to
CAWCD an annual replenishment tax based on the Service Area Replenishment Obligation for
the Service Area in an amount determined by CAWCD as necessary to allow CAWCD to
perform its groundwater replenishment obligations under the Groundwater Replenishment
Statute.
BE IT FURTI-IFR RF~OLVED that this Resolution applies to the Service Area as it
currently exists and to all additions to and extensions of the Service Area.
BE IT FURTHER RF~OLVED that this Resolution is irrevocable for as long as CAWCD
is obligated to perform the groundwater replenishment obligations under the Groundwater
Replenishment Statute.
BE IT FURTHER RESOLVED that the Agreement entitled Member Service Area
Agreement Between CAWCD and the Town of Mararia, which is attached as Exhibit B, and
incorporated into this Resolution, is hereby accepted and approved, and that Ed Honea, Mayor
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~,,o~ao, uo. 9542 Page 2 of 3
of the Town of Maxuna, is hereby authorized to execute the Agreement, in the name and on
behalf of the Town.
PASSED AND ADOPTED by the Mayor and Council of ~e Town of Mararia, Arizona,
tiffs 7~ day of November, 1995.
Mayor ED HONEA
Town Attorney
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