(A) Drainage easements can be created by individual property owners and recorded with Gila County, or dedicated on Minor Land Division Maps or land subdivision Final Plats. Drainage easements may be dedicated to the public and maintained by the town if properly approved by the Public Works Engineer and the Town Council. Drainage easements may also be dedicated to the public, or to private entities, so long as the private entity, such as a property owner or Homeowner’s Association, agrees to maintain the easement and accompanying drainage facilities. Drainage easements so dedicated within the corporate boundaries of the town and properly recorded with the Gila County Recorder may not be changed or abandoned without the approval of the Public Works Engineer and the Town Council.
(B) Maintenance of drainage easements accepted by the town shall be limited to that required for functionality. Maintenance of esthetic features shall be the responsibility of the property owner. No structures that obstruct or impede the flow of water within a drainage easement will be allowed by the town, regardless of who is responsible for maintenance of the easement.
(Res. 1637, passed 2-28-02)