Laws, Rights, & Rules
© 2016 BCCWID
Webmaster: Dave Moore
Laws, Rights, and Rules
Laws governing the formation of a Water Improvement District are covered in the Arizona Revised Statutes. Rather than repeat all of the applicable statutes here, it is suggested those who are interested review Arizona Revised Statutes chapter 6, Article 1 (48-901 through 48-967) and article 4 (48-1011 through 48-1020). Any additional search of the statutes should focus on "Districts" and "Water Improvement Districts".
Rights of District owners and users are suggested or stated in the Arizona Revised Statutes.
- The right to connect a property within the District to the water system under the terms and conditions currently in place (see the Ordinance and Policies & Procedures below).
- If a registered voter who lives in the District, or owns property in the District, one has the right to vote in elections to select Board members (these Board Members will then make decisions on all the property owner's behalf).
- If a registered voter who lives in the District, or owns property in the District, one has the right to run for a position on the Board during elections every two years. Including the right to apply for any vacant position when announced.
- The right to appeal to Management in the event of a grievance and if not satisfactorily resolved appear before the Board at one of their scheduled meetings, seeking resolution.
- Property owners and other water users have a right to be heard at rate adjustment hearings.
- Property owners and other interested parties have a right to speak about issues involving the BCCWID at Public Call (at the end of every Board meeting).
- While not what one might consider a right, property owners in the District have the responsibility to pay any taxes assessed by the Board to cover BCCWID operations or capital improvements.
- A right to a share in any realized value of the District either positive or negative. This means if the Board decided to sell BCCWID and a profit was realized each property owner would have an equal share of the proceeds in all probability. And of course if the Board was to take the District deeply into debt, even to the point of bankruptcy, each property owner might have liens placed against their property to satisfy any bankruptcy judgment.
Rules are created by Yavapai County and the District Board to govern day-to-day operations and ensure uniform treatment of owner/users. The District does not have bylaws as a corporation would. The current rules, including fees, are stated in the Ordinance and Policies & Procedures and County Special Districts Handbook.