Current through Register Vol. 30, No. 38, September 20, 2024
A. A municipal provider applying for a
designation of adequate water supply shall submit an application on a form
prescribed by the Director with the initial fee required by
R12-15-103(C),
and 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. The proposed term
of the designation, which shall not be less than two years;
5. Evidence that the criteria in subsection
(E) of this Section are met; and
6.
Any other information that the Director determines is necessary to decide
whether an adequate water supply exists for the municipal provider.
B. A city or town, other than a
municipal provider, that is applying for a designation shall submit an
application on a form prescribed by the Director with the initial fee required
in
R12-15-103(C),
and provide the following:
1. The current
demand of the applicant's service area;
2. The committed demand of the applicant's
service area;
3. The projected
demand of the applicant's service area for the proposed term of the
designation;
4. The proposed term
of the designation, which shall not be less than two years; and
5. Evidence that the requirements in A.R.S.
§
45-108(D)
are met.
C. 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.
D. After a complete application is submitted,
the Director shall review the application and associated evidence to determine:
1. The annual volume of water that is
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 estimated water demand for the
applicant's service area for 100 years; and
4. Whether the applicant has demonstrated
compliance with all requirements in subsection (E) or (F) of this
Section.
E. The Director
shall designate the applicant has having an adequate water supply pursuant to
subsection (A) of this Section 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;
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; and
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.
F. The Director shall issue a designation
pursuant to subsection (B) of this Section if the applicant demonstrates that
the requirements of A.R.S. §
45-108(D)
are met.
G. The Director shall review an application
for a designation of adequate water supply pursuant to the licensing time-frame
provisions in
R12-15-401.
