48-6403. Establishment of upper San Pedro water district; map; goal; decreed and appropriative water rights

A. The upper San Pedro water district may be established by an election held pursuant to this article. If the district is established, the lands in the district shall consist of the portion of the upper San Pedro groundwater basin delineated on the map that is dated April, 2007 and that is on file in the department. The district includes Fort Huachuca, the lands in the corporate limits of the cities of Sierra Vista and Tombstone and the town of Huachuca City and the portion of the city of Bisbee located in the upper San Pedro groundwater basin, but not any lands in Santa Cruz county or Pima county and not including that portion of the city of Bisbee located in the Douglas groundwater basin. If the district is established, a true copy of the map shall be recorded in the office of the county recorder in the county. The map prescribed by this section shall not be modified without the approval of the legislature.

B. The purpose and goal of the district are to maintain the aquifer and base flow conditions needed to sustain the upper San Pedro river and to assist in meeting the water supply needs and water conservation requirements for Fort Huachuca and the communities within the district.

C. This chapter shall not be construed to affect decreed and appropriative water rights. This chapter shall not be construed to affect any of the following:

1. The definition of surface water in section 45-101.

2. Water subject to appropriation in section 45-141.

3. Any provision of title 45, chapter 1, article 9.