Bylaws of the Country Club Estates Irrigation Water Delivery District No. 72

June 2021

  • NAME: Our organization is Country Club Estates Irrigation Water Delivery District No. 72 (hereafter referenced as CCE IWDD No. 72) per our Order of Formation by the Maricopa County Board of Supervisors on June 22, 2019, as allowed under A.R.S. Title 48, Chapter 20, §48-3421.
  • MISSION STATEMENT: The purpose of CCE IWDD No. 72 is to ensure that its Members will be able to take full advantage of the benefits of Salt River Project (SRP) residential irrigation, in the immediate future and in perpetuity.
  • PURVIEW: CCE IWDD No. 72 is responsible for maintaining the irrigation delivery infrastructure within the boundaries described in its Order of Formation, excluding Salt River Project (SRP)-owned structures. This delivery system is hereafter referred to as Country Club Estates Irrigation (CCEI).
  • MEMBERSHIP: Anyone owning property within the CCE IWDD No. 72 boundaries, as defined by the CCE IWDD No. 72 Order of Formation, is a de facto Member of CCE IWDD No. 72.
  • STATUTORY COMPLIANCE: These bylaws incorporate and comply with all applicable Arizona Revised Statutes (A.R.S.), which are herein referred to using standard A.R.S. nomenclature (for example, A.R.S. §48-3421 refers to our enabling statute).
  • GOVERNING BOARD: The three members of the CCE IWDD No. 72 Board of Trustees will conduct all CCE IWDD No. 72 Business per A.R.S. §48-3441, with assistance from CCEI Committee Members when appropriate. In practical terms, there is no distinction between a Board Member and a Trustee. The three individual members of the CCE IWDD No. 72 Board of Trustees (hereafter collectively referenced to as The Board) will take an oath of office per A.R.S. §38-231, be bonded per A.R.S. §48-3442, and will serve 2-year terms which will be automatically renewed if there are no other candidates for the office (see ELECTIONS), per A.R.S. §48-3443. Per A.R.S. §48-3443, the Maricopa County Treasurer will serve as Board treasurer ex officio. Board Members are volunteers and will not be compensated for their CCEI-related duties per A.R.S. §48-3441.
  • CCEI SECRETARY: The Secretary of the Committee is responsible for fulfilling the secretarial duties of the Board per A.R.S. §48-3445, regardless if the Secretary is a member of the Board. The Board Chair will appoint the Secretary.
  • CCEI COMMITTEE: To assist the Board in fulfilling its duties, Members outside the Board are encouraged to join the Country Club Estates Irrigation Committee. The three elected members of the CCE IWDD No. 72 Board of Trustees are automatically members of the Committee, and the Board Chair serves as the CCEI Committee Chair. Secretarial duties, record-keeping, SRP “Key Homeowner”, web site maintenance, and other duties may be assigned to Committee Members at the Board’s discretion. All Committee activities are subject to Board oversight and veto, and Committee Members have no Board voting privileges nor any other privileges or responsibilities that are reserved to the Board per A.R.S.
  • FISCAL YEAR: The CCE IWDD No. 72 Fiscal Year begins on July 1 and ends on June 30. Per convention, any particular Fiscal Year will be referred to by the year that it ends in (for example, FY21 began on July 1, 2020 and ended on June 30, 2021).
  • FUNDING AND WARRANTS: CCE IWDD No. 72 operates on dedicated proceeds from a Maricopa County Special Taxing District levy upon its Membership, per the Order of Formation and A.R.S. Title 48, Chapter 20. Withdrawals from the CCE IWDD No. 72 account (herein referred to as “Warrants,” following A.R.S. 48-3446 nomenclature) require at least two Board Member signatures, per A.R.S. §48-3471.
  • BUDGET: The Board will create a budget annually for the following Fiscal Year, and present its budget to the Membership for review in its Annual Meeting, before submitting it to the Maricopa County Board of Supervisors on or before June 30, per A.R.S. §48-3473.
  • ANNUAL REPORT: The Board will prepare an Annual Report per A.R.S. A.R.S. §48-251 and submit it in a timely manner.
  • ELECTIONS: The three Board Members will be elected to office per A.R.S. Title 16 with the exception of Board Members whose ascension to office predates the first A.R.S.-mandated CCE IWDD No. 72 Board election. The first Board Member election will be held in September 2021, and Board Members will be elected in subsequent elections every two years thereafter, unless there are no candidates for Trustee except the sitting Board Members, in which case the Election will be cancelled per A.R.S. §16-410.
  • MEETINGS: The Board will announce and hold at least one public Meeting, before or in June of each year, to review and approve the annual budget and the annual financial report, as well as address any other matters that require attention of the Board and other Membership, per A.R.S. A.R.S. § 38-431. Meetings other than the annual Meeting will be announced at the discretion of the Board or at an imperative request of CCE IWDD No. 72 Membership. Agendas will accompany all Meeting announcements, and Meetings will be publicized in a way that ensures maximum Membership awareness and participation, per A.R.S. §38-431.02 (A)(2). Minutes of the Meetings will be made available to the public within three (3) working days following the meeting (A.R.S. § 38-431.01(D))
  • RECORD RETENTION: The Board is responsible for all recordkeeping, and will make all official records available to the public upon request, according to A.R.S. Title 39 and other applicable laws.
  • BOARD BUSINESS OUTSIDE OF MEETINGS: Individual Board Members are entitled by these Bylaws to conduct Regular CCE IWDD No. 72 Business outside the confines of public Meetings at will, except when said Business requires a public Meeting per A.R.S. and other applicable laws. In particular, “Regular CCE IWDD No. 72 Business” includes assessing the need for, and initiating the process of, contracting infrastructure repairs and/or buying infrastructure parts. Per A.R.S., authorization by a minimum of two trustees is necessary to initiate any Regular Business transaction, but the Board maintains its right to conduct such business outside of regular, formal Meetings. This is necessary because many infrastructure repairs arise from emergencies, and therefore must be completed within a narrow time frame in order to prevent flooding damage or interruption of scheduled SRP irrigation deliveries—the Board would be unable to fulfill its Mission otherwise.
  • INFRASTRUCTURE MAINTENANCE, REPAIRS AND PARTS, AND COVERED BY THESE BYLAWS: CCE IWDD No. 72 assumes responsibility for the maintenance of all existing infrastructure within its purview from (but excluding) the SRP gate on 10th Street up to, and including, the “risers” that extend from the main delivery system pipes to individual properties. This includes the valves (and valve gaskets) that control delivery to any particular Member property. CCE IWDD No. 72 will repair faulty (leaking) valve risers and structures on any Member property, regardless of whether the property owners currently irrigate their property, with the following exceptions: (1) The property must have an accessible and reparable delivery system. If the owner, for example, has poured a concrete slab over the original location of the delivery valve, CCE IWDD No. 72 will not attempt repairs unless the owner makes the structure accessible and reparable beforehand. (2) CCE IWDD No. 72 will only repair structures (or parts of structures) that are obviously part of the “original” delivery system. Thus, if a property owner has built an extension to the delivery system (perhaps to ensure delivery to the far side of the property, or a second riser and valve to expedite delivery), CCE IWDD No. 72 will not assume responsibility for repairs to these improvements beyond the “original” structure. CCE IWDD No. 72 recognizes that there often will be some ambiguity regarding these exceptions, and unless the situation constitutes an emergency, any repairs or improvements beyond “original” structures will require approval by Board majority in a regularly scheduled Meeting.
  • These bylaws can be amended by the Board, but a public meeting will be required before changes to the bylaws are adopted.