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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
insurance coverage; hearing aids; children
(NOW: special district; water)
Purpose
Requires a claim against an irrigation and water conservation district by a municipal water provider, or a claim against a municipal water provider by an irrigation and water conservation district, regarding a contract for the district to provide water with a term of 20 years or more to be brought within eight years after the claim accrues. Applies the eight-year time limitation to any cause of action commenced on, after or before the general effective date.
Background
An irrigation
and water conservation district may be proposed by land title holders in a
designated area for the purpose of irrigating lands in the area. To accomplish
the purpose of the district, the board of directors possesses general powers,
including: 1) acquiring or purchasing water rights; 2) acquiring and holding
stock in irrigation ditch and reservoir companies;
3) constructing, acquiring or purchasing canals, ditches, reservoirs, reservoir
sites, water, water rights, rights-of-way or other property deemed necessary
for the use of the district; 4) acquiring the right to enlarge any ditch, canal
or reservoir already or partially constructed; 5) making appropriations of
water for irrigation and power purposes; 6) establishing tolls or charges for service
of irrigation, domestic water, electricity and other commodities; and 7)
controlling the finances of the district (A.R.S. §§ 48-2903
and 48-2978).
An action barred by pre-existing law is not revived by amending the law to enlarge the time in which an action may be commenced. If an action is not barred by pre-existing law, the time fixed in an amendment of the law must govern the limitation of the action. If an amendment of pre-existing law shortens the time limitation fixed in the pre-existing law so that an action under pre-existing law would be barred when the amendment takes effect, that action may be brought within one year from the time the new law takes effect, and not afterward (A.R.S. § 12-505).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a claim against an irrigation and water conservation district by a municipal water provider, or a claim against a municipal water provider by an irrigation and water conservation district, regarding a contract for the district to provide water with a term of 20 years or more to be brought within eight years after the claim accrues.
2. Specifies that existing law barring a cause of action from being revived by amending the law to enlarge the time in which the action may be commenced does not apply to the eight-year time limitation for claims between an irrigation and water conservation district and a municipal provider regarding a contract to provide water with a term of 20 years or more.
3. Applies the eight-year time limitation for claims between an irrigation and water conservation district and a municipal provider to any cause of action commenced on, after or before the general effective date.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Exempts, from the one-year statute of limitations for actions taken against public entities, a claim against an irrigation and water conservation district by a municipal water provider regarding a contract for the district to provide water with a term of 20 years or more.
2. Applies the prohibition and exemption to any cause of action that is commenced on or after the general effective date or was commenced before the general effective date.
3. Revives specified time-barred causes of action and allows the action to be filed or refiled before December 31, 2026.
Amendments Adopted by Committee of the Whole
1. Removes the prohibition against an irrigation and water conservation district board levying an assessment on, and including as taxable land, any acres that have not received water deliveries within the immediately preceding five years and that are not capable of being served water by either:
a) the district’s irrigation works or systems; or
b) water providers that have a contract to receive water deliveries from the district.
2. Removes the exemption from the one-year statute of limitations for a claim against an irrigation and water conservation district by a municipal water provider regarding a contract for the district to provide water with a term of 20 years or more.
3. Requires a claim against an irrigation and water conservation district by a municipal water provider, or a claim against a municipal water provider by an irrigation and water conservation district, regarding a contract for the district to provide water with a term of 20 years or more to be brought within eight years after the claim accrues.
4. Specifies that existing law barring a cause of action from being revived by amending the law to enlarge the time in which an action may be commenced does not apply to the newly established eight-year time limitations for claims between an irrigation and water conservation district and a municipal provider regarding a contract to provide water with a term of 20 years or more.
5. Removes the authorization to revive a cause of action that would be time barred based on a statute of limitations, claim presentation deadline or expiration of any other time limit and the authorization to file and refile the action before December 31, 2026.
6. Makes conforming changes.
Senate Action
FIN 3/24/25 DPA/SE 4-3-0
Prepared by Senate Research
May 28, 2025
MG/AL/ci