48-1728. Limitation on subsequent formation of new district

A. The board of supervisors of a county in which any portion of a proposed district is located shall not permit the organization of said district if it includes any portion of the lands of another district organized under this chapter, or of a territory served by a public service corporation, electric cooperative, agricultural improvement district or municipal corporation or allocated to a public service corporation, electric cooperative, agricultural improvement district or municipal corporation, either by a certificate of convenience and necessity or a territorial agreement which has been approved by the Arizona corporation commission, if said other district, public service corporation, electric cooperative, agricultural improvement district or municipal corporation is providing, or capable of providing, power to said lands or territory for use primarily for pumping water for irrigation.

B. A district may nevertheless be organized if the other district, public service corporation, electric cooperative, agricultural improvement district or municipal corporation consents thereto by action duly taken by its governing body, or if said other district, public service corporation, electric cooperative, agricultural improvement district or municipal corporation is not capable of adequately providing power to said lands or territory for use primarily for pumping water for irrigation.