Arizona § 37-1121 - Arizona navigable stream adjudication commission

§ 37-1121. Arizona navigable stream adjudication commission

A. The Arizona navigable stream adjudication commission is established through June 30, 2028 as a separate agency and independent of the state land department. The commission consists of five persons, not more than three of whom are from the same political party, who are appointed by the governor pursuant to section 38-211. The terms of office of members of the commission end on July 1, 2028. Persons who are appointed to the commission must be well-informed on issues relating to rivers and streams in this state.  The commission shall select a presiding officer from among its members.

B. Members of the commission are public officers for the purposes of title 38, chapter 3, article 8 and title 38, chapter 3.1. A person who has advocated for or expressed a desire that a watercourse in this state be determined to have been navigable or nonnavigable may not serve as a commission member.  A commission member who is a witness, gives evidence or makes statements of personal knowledge of the characteristics of navigability of a watercourse for the commission's consideration shall not participate as a commission member in proceedings relating to that watercourse. A commission member shall not:

1. Have any bias regarding the possible navigability of any watercourse.

2. Own, obtain a significant portion of income from or claim any ownership or possessory interest in lands affected by this chapter.

3. Directly or indirectly receive a significant portion of income from a person who claims an ownership or possessory interest in lands affected by this chapter or from a person who obtains a significant portion of income from such lands or shall not have been employed by such persons within two years before or be employed by such persons within two years after the commission member's term of office.

C. Funding for the commission and its necessary and reasonable expenses, including contracting for private services, shall be provided from legislative appropriations as may be necessary for the commission to fulfill its responsibilities. All unexpended and unencumbered monies appropriated to the commission revert to the state general fund on July 1, 2028.

D. The governor, on good cause shown, may remove a member for neglect of duty or misconduct or malfeasance in office. On removal, the governor shall file with the secretary of state a complete statement of all charges made against the member, the governor's findings and a complete record of the disciplinary proceedings conducted with respect to the removal.

E. Members are eligible to receive compensation pursuant to section 38-611 for service on the commission, unless a member who is otherwise employed as a public officer is prohibited from receiving additional compensation.

F. The commission shall maintain its principal office at the state capital but may hold meetings or hearings any place in this state. The commission shall meet at least once each calendar quarter, except that if the commission has completed all inquiries and hearings required under this chapter, the commission is not required to meet. The presiding officer or a majority of the members may call additional meetings. On termination, the commission shall transmit all of its records to the secretary of state.

G. If a vacancy occurs on the commission, the governor may appoint a replacement member pursuant to section 38-211.

H. Notwithstanding section 41-192, the attorney general shall not advise or represent the commission.

I. For the purposes of subsection B of this section, "significant portion of income" means ten percent or more of gross personal income for a calendar year.