A. Scope. These rules and regulations are implemented by the District for the purpose of managing impacts of third party uses to a District Facility and shall prevail over and supersede any previous District policy or procedure in conflict therewith. A map of District Facilities shall be kept by the Chief Engineer and shall be made available to all interested parties.
B. Written Authorization Required. Pursuant to ARS § 48-3615(D), there is strict liability for damages by any person, firm, partnership, association, corporation, or any agent of any such person or group, or the State of Arizona or a political subdivision of the State, who damages or interferes with a facility that is owned, operated or otherwise under the jurisdiction of the District without written authorization.
C. Issuance of Permit. Any District Facility that the Chief Engineer has determined to be available for secondary or temporary uses, in addition to the District's primary use, may be permitted for use by any person in accordance with the rules and regulations contained herein, as follows:
1. Upon finding that the proposed disturbance or impact does not otherwise interfere with the health, safety and welfare of the general public, the Chief Engineer may issue a Facility Impact Permit, specifying that all such work shall be done in the manner specified in this Chapter.
2. A use allowed by a Facility Impact Permit shall not conflict or interfere with the drainage or conservation values of the District Facility, except as specified in the approved permit.
D. Real Property Interest Required. Applicant may not proceed with any use permitted pursuant to this Chapter until Applicant has obtained a real property interest in the affected real property allowing the intended access and use. For property where the District has the legal right to grant all requested access and use, a permit issued under this chapter that explicitly grants the requested access and use will satisfy the real property interest requirement. The interest must be current. Expired or superseded interests are not acceptable demonstrations of property interest.
E. Application. All Applicants shall obtain written permission from the Chief Engineer by applying for a Facility Impact Permit on a form provided by the District.
(Ord. 2018-FC1 § 1 (part), 2018)