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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