Current through Register Vol. 30, No. 38, September 20, 2024
A. An
application for a water report shall be filed by the current owner of the land
that is the subject of the application.
B. An applicant for a water report shall
submit an application on a form prescribed by the Director with the initial fee
required by
R12-15-103(C),
and provide the following:
1. 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 and demonstrating that the
applicant is the owner of the land that is the subject of the
application;
2. A plat of the
subdivision;
3. An estimate of the
100-year water demand for the subdivision;
4. A list of all proposed sources of water
that will be used by the subdivision;
5. If the applicant is seeking a finding that
the subdivision has an adequate water supply, evidence that the criteria in
subsection (E) of this Section are met; and
6. Any other information that the Director
reasonably determines is necessary to decide whether an adequate water supply
exists for the subdivision.
C. Each applicant shall sign the application
for a water report. 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 water report, the authorized representative may sign the
application on the applicant's behalf.
D. 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,
2. Whether the
applicant has demonstrated all of the requirements in subsection (E) of this
Section.
E. The Director
shall determine that the subdivision has an adequate water supply 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 proposed sources of water will be 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.
F. The Director shall issue a
water report to the applicant that states whether the applicant has complied
with the requirements in subsection (E) of this Section.
G. The Director shall review an application
for a water report pursuant to the licensing time-frame provisions in
R12-15-401.
H. The Director may review or modify a water
report if the Director receives new evidence regarding the criteria in
subsection (E) of this Section. The Director shall not modify a water report
pursuant to this subsection if any of the residential lots included in the plat
have been sold. To determine whether a water report should be modified pursuant
to this subsection, the Director shall use the standards in place at the time
the original application was submitted for the water report. If the Director
modifies a water report, the Director shall:
1. Provide for an administrative hearing
pursuant to A.R.S. Title 41, Chapter 6, Article 10; and
2. Notify the Arizona Department of Real
Estate.
I. An owner of
land that is the subject of a water report may request a modification of the
water report at any time by submitting an application in accordance with
subsection (B) of this Section. To determine whether a water report should be
modified pursuant to this Section, the Director shall use the standards in
place at the time of review.
J. A
water report is subject to the provisions of R12-15-708.
K. An owner of a subdivision that is located
within a mandatory adequacy jurisdiction and that will be served Colorado River
water by a municipal provider may apply for an exemption from the requirement
to obtain an adequate water supply determination from the director or a
commitment of water service from a designated provider according to A.R.S.
§
45-108.03(A)(1)(b)
by submitting an application on a form
prescribed by the Director and demonstrating that the criteria in subsection
(K)(2) of this Section are met. Upon receiving an application according to this
subsection, the Director shall:
1. Review the
application according to the licensing time frame provisions in
R12-15-401.
2. Determine whether the applicant has
demonstrated that all of the following apply:
a. Sufficient supplies of water will not be
legally available to meet the estimated water demand of the subdivision in a
timely manner because the municipal provider will serve Colorado River water to
the subdivision and the municipal provider does not currently have the legal
right to serve the Colorado River water to the subdivision;
b. The municipal provider currently has an
entitlement to Colorado River water, according to the criteria in
R12-15-718(G);
c. The municipal
provider will have the legal right to serve the Colorado River water to the
subdivision within 20 years;
d. An
interim water supply will be used to serve the subdivision until the municipal
provider has the legal right to serve the Colorado River water to the
subdivision and the interim water supply meets all of the criteria in
subsection (E) of this Section, except that the supply will be available for
the interim period and not for 100 years; and
e. When the municipal provider has the legal
right to serve the Colorado River water to the subdivision, the Colorado River
water supply will meet all of the criteria in subsection (E) of this
Section.
3. If the
Director determines that the criteria of subsection (K)(2) are met, issue a
letter to the applicant, the platting authority, and the Arizona Department of
Real Estate stating that the owner is exempt from the requirement to obtain an
adequate water supply determination from the director or a commitment of water
service from a designated provider.
L. An owner of a subdivision that is located
within a mandatory adequacy jurisdiction and that will be served by a water
supply project under construction may apply for an exemption from the
requirement to obtain an adequate water supply determination from the director
or a commitment of water service from a designated provider according to A.R.S.
§
45-108.03(A)(1)(a)
by submitting an application on a form
prescribed by the Director and demonstrating that the criteria in subsection
(L)(2) of this Section are met. Upon receiving an application according to this
subsection, the Director shall:
1. Review the
application according to the licensing time frame provisions in
R12-15-401.
2. Determine whether the applicant has
demonstrated that all of the following apply:
a. Sufficient supplies of water will not be
available to meet the estimated water demand of the subdivision in a timely
manner because the physical works for delivering water to the subdivision are
not complete;
b. The physical works
for delivering water to the subdivision are under construction and will be
completed within 20 years;
c. An
interim water supply will be used to serve the subdivision until the physical
works for delivering water to the subdivision are fully constructed and the
interim water supply meets all of the criteria in subsection (E) of this
Section, except that supply will be available for the interim period and not
for 100 years; and
d. When the
physical works for delivering water to the subdivision are fully constructed,
the water supply will meet all of the criteria in subsection (E) of this
Section.
3. If the
Director determines that the criteria of subsection (L)(2) of this Section are
met, issue a letter to the applicant, the platting authority, and the Arizona
Department of Real Estate stating that the owner is exempt from the requirement
to obtain an adequate water supply determination from the director or a
commitment of water service from a designated provider.
