Current through Register Vol. 30, No. 38, September 20, 2024
A. A municipal provider applying for a
designation of assured water supply 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. The applicant's current
demand;
2. The applicant's
committed demand;
3. The
applicant's projected demand for the proposed term of the
designation;
4. If the applicant is
seeking a reduction in the estimated water demand because gray water reuse
systems will be installed, sufficient information for the Director to determine
the appropriate reduction in demand;
5. The proposed term of
the designation, which shall not be less than two years;
6.
Evidence that the criteria in subsection (E) of this Section are met;
and
7. Any other information that the Director determines
is necessary to decide whether an assured water supply exists for the municipal
provider.
B. An
application for a designation shall be signed by:
1. If the applicant is a city or town, the
city or town manager or a person employed in an equivalent position. The
application shall also include a resolution of the governing body of the city
or town, authorizing that person to sign the application; or
2. If the applicant is a private water
company, the applicant's authorized officer, managing member, partner, trust
officer, trustee, or other person who performs similar decision-making
functions for the applicant.
C. The Director shall give public notice of
an application for designation in the same manner as provided for certificates
in A.R.S. § 45578. For an application to modify a designation of assured
water supply to which Subsection (G) of this Section applies, the physical
availability of the groundwater and stored water to be recovered outside the
area of impact of storage sought to be included in the designation shall not be
grounds for an objection.
D. After
a complete application is submitted, the Director shall review the application
and associated evidence to determine:
1. The
annual volume of water physically, continuously, and legally available for at
least 100 years
2. The term of the
designation, which shall not be less than two years;
3. The applicant's estimated water demand. If
the applicant demonstrates that gray water reuse systems will be installed, the
Director shall reduce the estimated water demand for the subdivision by the
volume the Director determines is likely to be saved through the gray water
reuse systems;
4. The applicant's
groundwater allowance; and
5.
Whether the applicant has demonstrated compliance with all requirements in
subsection (E) of this Section.
E. The Director shall designate the applicant
as having an assured water supply if the applicant demonstrates all of the
following:
1. Sufficient supplies of water are
physically available to meet the applicant's estimated water demand, according
to the criteria in
R12-15-716,
except as provided in subsection (G) of this Section;
2. Sufficient supplies of water are
continuously available to meet the applicant's estimated water demand,
according to the criteria in
R12-15-717;
3. Sufficient supplies of water are legally
available to meet the applicant's estimated water demand, according to the
criteria in
R12-15-718;
4. The proposed 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 in a timely manner
according to the criteria in
R12-15-720;
6. Any proposed groundwater use is consistent
with the management plan in effect at the time of the application, according to
the criteria in
R12-15-721;
and
7. Any proposed use of
groundwater withdrawn within an AMA is consistent with the management goal,
according to the criteria in
R12-15-722.
F. The Director shall review an
application for a designation of assured water supply pursuant to the licensing
time-frame provisions in
R12-15-401.
G. For an application seeking to modify a
designation of assured water supply, the Director shall not review the physical
availability of the volume of groundwater and stored water to be recovered
outside the area of impact sought to be included in the designation if the
total volume of those sources sought to be included in the designation does not
exceed the total volume of those sources included in the previous designation
of assured water supply that are required to be accounted for according to
R12-15-716(B)(3)(c)(ii), minus the sum of the following:
1. The volume of groundwater withdrawn by the
applicant since the previous designation of assured water supply order issuance
date; and
2. The volume of stored
water recovered outside the area of impact by the applicant since the previous
designation of assured water supply order issuance date.
