Current through Register Vol. 30, No. 38, September 20, 2024
A. An application for a certificate shall be
filed by the current owner of the land that is the subject of the application.
Potential purchasers and affiliates may also be included as
applicants.
B. An applicant for a
certificate shall submit an application on a form prescribed by the Director
with the fee required by
R12-15-103(C)
and provide the following:
1. One of the
following forms of proof of ownership for each applicant to be listed on the
certificate:
a. For an applicant that is the
current owner, one of the following:
i. A
title report, condition of title report, limited search title report, or
recorded deed, dated within 90 days of the date the application is filed,
demonstrating that the applicant is the owner of the land that is the subject
of the application; or
ii. Evidence
that the CAGRD has reviewed and approved evidence that the applicant is the
owner of the land that is the subject of the application.
b. For an applicant that is a potential
purchaser, evidence of a purchase agreement;
c. For an applicant that is an affiliate of
another applicant, a certification by the other applicant of the affiliate
status;
2. A plat of the
subdivision;
3. An estimate of the
100-year water demand for the subdivision;
4. If the subdivision is enrolled as a member
land in the CAGRD and the applicant proposes to install gray water reuse
systems in the subdivision, sufficient information for the Director to
determine the appropriate reduction in demand;
5. A list of all
proposed sources of water that will be used by the subdivision;
6.
Evidence that the criteria in subsections (F) or (G) of this Section are met;
and
7. Any other information that the Director reasonably
determines is necessary to decide whether an assured water supply exists for
the subdivision.
C. Each
applicant shall sign the application for a certificate. If an applicant is not
a natural person, the applicant's authorized officer, managing member, partner,
trust officer, trustee, or other person who performs similar decision-making
functions for the applicant shall sign the application. If an applicant submits
a letter, signed by the applicant and dated within 90 days of the date the
application is submitted, authorizing a representative to submit applications
for permits regarding the land to be included in the certificate, the
authorized representative may sign the application on the applicant's
behalf.
D. The Director shall give
public notice of an application for a certificate as provided in A.R.S. §
45-578.
E. After a complete application is submitted,
the Director shall review the application and associated evidence to determine:
1. The estimated water demand of the
subdivision . If the subdivision is enrolled in the CAGRD and the applicant
demonstrates that gray water reuse systems will be installed in the
subdivision, the Director shall reduce the estimated water demand of the
subdivision by the volume the Director determines is likely to be saved through
the gray water reuse systems;
2.
The amount of the groundwater allowance for the subdivision, as provided in
R12-15-724 through R12-15-727; and
3. Whether the applicant has demonstrated all
of the requirements in subsection (F) or subsection (G) of this
Section.
F. Except as
provided in subsection (G) of this Section, the Director shall issue a
certificate if the applicant demonstrates all of the following:
1. Sufficient supplies of water are
physically available to meet the estimated water demand of the subdivision,
according to the criteria in
R12-15-716;
2. Sufficient supplies of water are
continuously available to meet the estimated water demand of the subdivision,
according to the criteria in
R12-15-717;
3. Sufficient supplies of water are legally
available to meet the estimated water demand of the subdivision, according to
the criteria in
R12-15-718;
4. The sources of water are of adequate
quality, according to the criteria in R12-15-719;
5. The applicant has the financial capability
to construct adequate delivery, storage, and treatment works for the
subdivision, according to the criteria in
R12-15-720;
6. The proposed use of groundwater withdrawn
within an AMA is consistent with the management plan in effect at the time of
the application, according to the criteria in
R12-15-721;
and
7. The proposed use of
groundwater withdrawn within an AMA is consistent with the achievement of the
management goal, according to the criteria in
R12-15-722.
G. If the Director previously
issued a certificate for the subdivision, the Director shall issue a new
certificate to the applicant if the applicant demonstrates that all of the
requirements in subsection (F) are met or that all of the following apply:
1. Any changes to the plat for which the
previous certificate was issued are not material, according to the criteria in
R12-15-708;
2. If groundwater is a
proposed source of supply for the subdivision, the proposed groundwater
withdrawals satisfied the physical availability requirements in effect at the
time the complete and correct application for the previous certificate was
submitted;
3. Any proposed sources
of water, other than groundwater, are physically available to satisfy the
estimated water demand that will not be satisfied with groundwater, according
to the criteria in R12-15-716;
4.
Any proposed sources of water other than groundwater are continuously available
to satisfy the estimated water demand that will not be satisfied with
groundwater, according to the criteria in
R12-15-717;
5. The proposed uses of groundwater withdrawn
within an AMA were consistent with the achievement of the management goal
according to the criteria in effect at the time the complete and correct
application for the previous certificate was submitted; and
6. The applicant demonstrates that the
requirements in subsections (F)(3) through (6) of this Section are
met.
H. Before issuing a
certificate, the Director shall classify the certificate for the purposes of
R12-15-705 and R12-15-706 as follows:
1. Type
A certificate. The Director shall classify the certificate as a Type A
certificate if the applicant meets the criteria in
R12-15-720(A)(1)
and all of the subdivision's estimated water demand will be met with one or
more of the following:
a. Groundwater served
by a proposed municipal provider pursuant to an existing service area
right;
b. Groundwater served by a
proposed municipal provider pursuant to a pending service area right, if the
proposed municipal provider currently holds or will hold the well
permit;
c. CAP water served by a
municipal provider pursuant to the proposed municipal provider's non-declining,
long-term municipal and industrial subcontract;
d. Surface water served by a proposed
municipal provider pursuant to the proposed municipal provider's surface water
right or claim;
e. Effluent owned
and served by a proposed municipal provider; or
f. A Type 1 grandfathered right appurtenant
to the land on which the groundwater will be used and held by a proposed
municipal provider.
2.
Type B certificate. The Director shall classify all certificates that do not
meet the requirements of subsection (H)(1) of this Section as Type B
certificates.
I. The
Director shall review an application for a certificate pursuant to the
licensing time-frame provisions in
R12-15-401.
J. An owner of six or more lots is not
required to obtain a certificate if all of the following apply:
1. The lots comprise a subset of a
subdivision for which:
a. A plat was recorded
before 1980; or
b. A certificate
was issued before February 7, 1995;
2. No changes were made to the plat since
February 7, 1995; and
3. Water
service is currently available to each lot.
K. A new owner of all or a portion of a
subdivision for which a plat has been recorded is not required to obtain a
certificate if all of the following apply:
1.
The Director previously issued a Type A certificate for the subdivision
pursuant to subsection (H)(1) of this Section or
R12-15-707;
2. Water service is currently available to
each lot; and
3. There are no
material changes to the plat for which the certificate was issued, according to
the criteria in R12-15-708.
L. An owner of six or more lots in the Pinal
AMA is not required to obtain a certificate if all of the following apply:
1. A plat for the subdivision was recorded
before October 1, 2007;
2. There
have been no material changes to the plat according to the criteria in
R12-15-708, since October 1, 2007;
3. The proposed municipal provider was
designated as having an assured water supply when the plat was recorded, but is
no longer designated as having an assured water supply; and
4. Water service is currently available to
each lot.
M. A person
may request a letter stating that the owner is not required to obtain a
certificate pursuant to subsection (J), (K), or (L) of this Section by
submitting an application on a form prescribed by the Director and attaching
evidence that the criteria of subsection (J), (K), or (L) are met. Upon
receiving an application pursuant to this subsection, the Director shall:
1. Review the application pursuant to the
licensing time-frame provisions in
R12-15-401.
2. Determine whether the criteria of
subsection (J), (K), or (L) of this Section are met.
3. If the Director determines that the
criteria of subsection (J) of this Section are met, issue a letter to the
applicant and the Arizona Department of Real Estate stating that the current
owner is not required to obtain a certificate.
4. If the Director determines that the
criteria of subsection (K) or (L) of this Section are met, issue a letter to
the applicant and the Arizona Department of Real Estate stating that the
current owner and any future owners are not required to obtain a
certificate.
