REFERENCE TITLE: natural resources projects; court actions
State of Arizona
House of Representatives
First Regular Session
Representatives Thorpe: Barton
Amending Title 37, chapter 9, article 1, Arizona Revised Statutes, by adding section 37-1308; relating to the Arizona Department of Forestry and Fire Management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 9, article 1, Arizona Revised Statutes, is amended by adding section 37-1308, to read:
37-1308. Court actions related to natural resources projects; bond requirement; remedies; claims for reimbursement; definition
A. A person that files an action in any court to enjoin a natural resources project shall post a bond in the amount of fifty thousand dollars or ten percent of the total cost of the natural resources project, whichever amount is greater. The person may not use monies received from a governmental source for the bond. The bond shall remain in place for the duration of the injunction and any related court action.
B. In addition to other remedies available by law, a person that files an action to enjoin a natural resources project and that does not prevail is liable for costs incurred by the natural resources project as a result of the injunction, including any of the following:
1. Fines and penalties incurred under state or federal law.
2. Costs relating to fire suppression.
3. Costs relating to flooding or damage to the watershed.
4. Costs relating to the damage or loss of natural resources or real property.
C. Monies recovered pursuant to subsection B of this section shall be deposited in an account established and managed by the Arizona department of forestry and fire management for this purpose.
D. Any person or governmental entity that incurs costs associated with an injunction pursuant to this section may file a claim with the Arizona department of forestry and fire management for reimbursement. Claims filed pursuant to this subsection shall be filed in the manner prescribed by the department. The department shall pay the claims in the order the department receives the claims until the full amount of the monies recovered pursuant to subsection B of this section is exhausted.
E. 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.