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2023 Op. Ariz. Att'y Gen. 1 (2023)

handle is hein.sag/sagaz0122 and id is 1 raw text is: 











                                  STATE  OF  ARIZONA

                        OFFICE   OF THE  ATTORNEY GENERAL


       ATTORNEY GENERAL OPINION                              No. I23-001
                                                              (R23-003)
                      By
                                                Re: County board of supervisors' authority
                KRIS  MAYES                       to enter into a short-term agreement to
            ATTORNEY GENERAL                        supply water to county residents

               February 14, 2023


  To:    The Honorable David Cook
         Arizona House of Representatives

                                   Question Presented

       Can a county board of supervisors enter into a short-term agreement on an emergency basis

with a government entity or private company to supply water to county residents who lost their previous

water source and are awaiting the construction of a new permanent water system?

                                    Summary   Answer

       Yes, a county board of supervisors has the authority to temporarily supply water to county

residents to preserve public health and sanitation under A.R.S. § 11-251(17), (31). A county may do

so through an intergovernmental agreement with a public agency with whom it shares a joint shared

power, A.R.S. § 11-952, or by contracting with a private company, A.R.S. § 11-201(A)(3).

                                        Discussion

       The powers of counties in Arizona are limited to those powers that are expressly or by

necessary implication delegated to them by the legislature. Marsoner v. Pima County, 166 Ariz. 486,


1

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