House Engrossed




State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session










Amending Title 37, chapter 1, article 1, Arizona Revised Statutes, by adding section 37-108; relating to the Arizona Department of Forestry and Fire Management.





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

Section 1.  Title 37, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 37-108, to read:

START_STATUTE37-108.  Court actions related to natural resources projects; bond requirement; remedies; definition

A.  In addition to other remedies available by law, a person that files an action in a court of record in this state to enjoin a natural resources project and that does not prevail may be assessed court costs and damages as determined by the court incurred by the natural resources project as a result of the injunction, including any of the following:

1.  Costs relating to fire suppression.

2.  Costs relating to flooding or damage to the watershed.

3.  Costs relating to the damage or loss of natural resources or real property.

B.  Any monetary damages awarded by the court pursuant to subsection A of this section shall be deposited in an account established and managed by the department for the purpose of paying for the costs incurred as a result of the injunction, including the costs identified in subsection A of this section.

C.  For the purposes of this section, "natural resources project" includes any project that reduces the risk of catastrophic fire or loss from erosion, flooding and landslides or that protects watersheds. END_STATUTE