Arizona Revised Statutes § 48-3731 Proceedings To Test Validity Of Contracts; Petition

48-3731. Proceedings to test validity of contracts; petition

A. After the execution of any contract between a multi-county water district organized under article 1 of this chapter and the United States or the execution of any contract between any such multi-county conservation district or the United States and any water user in Arizona for central Arizona project water, the governing body of the district or such water user may file a petition in the superior court in the county in which the office of the district or water user is located to determine the validity of such contract and each of the provisions thereof.

B. The action shall be in the nature of a proceeding in rem and jurisdiction of all parties interested shall be acquired by notice given as provided in section 48-3732. The petition shall allege:

1. That the petitioner is a district organized under this chapter or is a water user who has contracted for the delivery of water from the central Arizona project.

2. That the contract or agreement to be validated is attached as an exhibit to the petition.

3. That all resolutions adopted by the governing body in connection with the contract are attached as exhibits to the petition.

C. The petition shall pray that the contract be examined by the court and be found to be in substantial compliance with law, and that it be ratified, confirmed and validated.

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Last modified: October 13, 2016