2005 Arizona Revised Statutes - Revised Statutes §28-7743  Utility crossings; definition

A. The operator shall include in the application a description of public utility facilities and rights-of-way anticipated to be crossed and plans for crossings or relocations of the facilities. Both the operator and each public utility whose works are to be crossed or affected shall cooperate fully with each other in planning and arranging the manner of the crossing or relocation of the facilities.

B. A public utility possessing the powers of eminent domain may exercise these powers in connection with the moving or relocation of facilities to be crossed by the roadway or to be relocated to the extent that moving or relocation is made necessary by construction of the roadway, including construction of temporary facilities for the purpose of providing service during the period of construction.

C. If the operator and the public utility whose facilities are to be crossed or relocated fail to agree to a plan for a crossing or any necessary relocation, either party may request the board to inquire into the need for the crossing or relocation and to decide whether the crossing or relocation should be compelled and, if so, the manner in which the crossing or relocation is to be accomplished. The board may employ department engineers to examine the location and plans for the crossing or relocation, hear any objections, consider modifications and make a recommendation to the board.

D. For the purposes of this section, "public utility" includes railroads, pipelines and electric, sewer, water, gas and telecommunications lines.