Williams v. Pipe Trades Industry Program of Arizona
In Williams v. Pipe Trades Industry Program of Arizona, 100 Ariz. 14, 20, 409 P.2d 720, 724 (1966), an entity applied for a certificate of convenience and necessity "to furnish hot or cold circulating chemicals, gases or water for heating or cooling purposes." Id. at 16, 409 P.2d at 721.
In considering whether such conduct constituted "furnishing water for irrigation, fire protection, or other public purposes" under Article 15, Section 2, the court noted that "furnish" was defined as "to provide or supply with what is needed, useful or desirable," and concluded that the word connoted a transfer of possession. Id. at 20, 409 P.2d at 724.
In that case, the court determined that the company did not "furnish" water under Article 15, Section 2, reasoning that the water was the means or conduit by which the heat was supplied and that no transfer of possession of the water occurred. Id.