Current through Register Vol. 30, No. 38, September 20, 2024
A. The
volume of a proposed source of water that is physically available to an
applicant for a determination of assured water supply or a determination of
adequate water supply is the amount determined by the Director to be physically
available pursuant to subsections (B) through (L) of this Section.
B. If the proposed source is groundwater, the
applicant shall submit a hydrologic study, using a method of analysis approved
by the Director, that accurately describes the hydrology of the affected area.
Except as provided in subsection (D) of this Section, the Director shall
determine that the proposed volume of groundwater will be physically available
for the proposed use if both of the following apply:
1. The groundwater will be withdrawn as
follows:
a. Except as provided in subsection
(B)(1)(b) of this Section, from wells owned by the applicant or the proposed
municipal provider that are located within the service area of the applicant or
the proposed municipal provider or from proposed wells that the Director
determines are likely to be constructed for future uses of the applicant or the
proposed municipal provider.
b. If
the application is for a dry lot development, from wells that the Director
determines are likely to be constructed on individual lots.
2. Except as provided in
subsection (C) of this Section, the groundwater will be withdrawn from depths
that do not exceed the applicable maximum 100-year depth-to-static water level
according to the following:
|
Type and location of development
|
Maximum 100-year depth-to-static water level
|
|
a. Developments in Phoenix, Tucson, or Prescott AMAs,
except dry lot developments
|
1000 feet below land surface
|
|
b. Developments in Pinal AMA, except dry lot
developments
|
1100 feet below land surface
|
|
c. Developments outside AMAs, except dry lot
developments
|
1200 feet below land surface
|
|
d. Dry lot developments
|
400 feet below land surface
|
3.
The Director shall calculate the projected 100-year depth-to-static water level
by adding the following for the area where groundwater withdrawals are proposed
to occur:
a. The depth-to-static water level
on the date of application.
b. The
projected declines caused by existing uses, using the projected decline in the
100-year depth-to-static water level during the 100-year period after the date
of application, calculated using records of declines for the maximum period of
time for which records are available up to 25 calendar years before the date of
application. If evidence is provided to the Director of likely changes in
pumpage patterns and aquifer conditions, as opposed to those patterns and
conditions occurring historically, the Director may determine projected
declines using a model rather than evidence of past declines.
c. The projected decline in the
depth-to-static water level during the 100-year period after the date of
application, calculated by adding the projected decline from each of the
following that are not accounted for in subsection (B)(3)(b) of this Section:
i. The estimated water demand of issued
certificates and water reports that will be met with groundwater or stored
water recovered outside the area of impact of the stored water, not including
the demand of subdivided lots included in abandoned plats;
ii. The estimated water demand of
designations that will be met with groundwater or stored water recovered
outside the area of impact of the stored water; and
iii. The groundwater reserved for
developments for which the Director has issued an analysis pursuant to
R12-15-703 or R12-15-712.
d. The projected decline in depth-to-static
water level that the Director projects will result from the applicant's
proposed use over a 100-year period.
C. The Director shall lower the maximum
100-year depth-to-static water level requirement specified in subsection (B)(2)
of this Section for an applicant seeking a determination of adequate water
supply if the applicant demonstrates both of the following:
1. Groundwater is available at the lower
depth; and
2. The applicant has the
financial capability to obtain the groundwater at the lower depth, according to
the criteria in
R12-15-720.
D. If the proposed source is
groundwater that will be withdrawn from a groundwater basin outside an AMA and
transported into an AMA, the Director shall determine that the proposed volume
of groundwater will be physically available if both of the following apply:
1. The groundwater will be withdrawn from
wells owned by the applicant or the proposed municipal provider or from
proposed wells that the Director determines are likely to be constructed for
the future uses of the applicant or the proposed municipal provider.
2. Withdrawal of the groundwater will comply
with any depth-to-static water level criteria, decline rate criteria, and
volume limitation criteria prescribed by statute. If there are no applicable
depth-to-static water level criteria prescribed by statute, withdrawal of the
groundwater shall comply with the depth-to-static water level criteria in
subsection (B)(2) of this Section.
E. Subject to subsection (L) of this Section,
if the proposed source of water is surface water, other than CAP water, or
Colorado River water, the Director shall determine the annual volume of water
that is physically available for the proposed use, taking into consideration
the priority date of the right or claim, by calculating 120% of the firm yield
of the proposed source at the point of diversion as limited by the capacity of
the diversion works; except that if the applicant demonstrates that an
alternative source of water will be physically available during times of
shortage in the proposed surface water supply, the Director shall determine the
annual volume of water available by calculating 100% of the median flow of the
proposed source at the point of diversion as limited by the capacity of the
diversion works. The Director shall determine the firm yield or median flow as
follows:
1. By calculating the firm yield or
median flow at the point of diversion based on at least 20 calendar years of
flow records from the point of diversion, unless 20 calendar years of records
are unavailable and the Director determines that a shorter period of record
provides information necessary to determine the firm yield or median flow;
or
2. By calculating the firm yield
or median flow at the point of diversion using a hydrologic model that projects
the firm yield or median flow, taking into account at least 20 calendar years
of historic river flows, changes in reservoir storage facilities, and projected
changes in water demand. The yield available to any applicant may be composed
of rights to stored water, direct diversion, or normal flow rights. If the
permit for the water right was issued less than five years before the date of
application, the Director shall require the applicant to submit evidence, as
applicable, in accordance with this subsection.
F. Subject to subsection (L) of this Section,
if the proposed source of water is CAP water, the Director shall determine the
annual volume of water that is physically available for the proposed use as
follows:
1. If the applicant or the proposed
municipal provider has a non-declining, long-term municipal and industrial
subcontract for CAP water, calculate 100% of the annual amount of water
established in the subcontract.
2.
If the applicant has a lease for Indian priority CAP water, calculate 100% of
the annual amount of water established in the lease.
3. If the applicant has a subcontract for CAP
water other than a non-declining, long-term municipal and industrial
subcontract or a lease for Indian priority CAP water:
a. If the applicant submits evidence of
sufficient backup water supplies, calculate 100% of the annual amount of water
established in the subcontract. The applicant may establish backup water
supplies by one or more of the following:
i. A
drought response plan;
ii.
Long-term storage credits;
iii. A
contract for water with a multi-county water conservation district;
or
iv. Evidence of other backup
supplies that are physically, continuously, and legally available.
b. If the applicant does not
submit evidence of sufficient backup water supplies pursuant to subsection
(F)(3)(a) of this Section, calculate the percentage of the annual amount of
water established in the subcontract that reasonably reflects the reliability
of the applicant's CAP water supply.
G. Subject to subsection (L) of this Section,
if the proposed source of water is Colorado River water, the Director shall
determine the annual volume of water that is physically available for the
proposed use as follows:
1. If the priority of
the contract for Colorado River water provides reliability equal to or better
than CAP municipal and industrial water, calculate 100% of the annual amount of
water established in the contract.
2. If the contract for Colorado River water
provides reliability that is less than CAP municipal and industrial water:
a. If the applicant submits evidence of
sufficient backup water supplies, calculate 100% of the annual amount of water
in the contract. The applicant may establish backup water supplies by one or
more of the following:
i. A drought response
plan;
ii. Long-term storage
credits;
iii. A contract for water
with a multi-county water conservation district; or
iv. Evidence of other backup supplies that
are physically, continuously, and legally available.
b. If the applicant does not submit evidence
of sufficient backup water supplies pursuant to subsection (G)(2)(a) of this
Section, calculate the percentage of the annual amount of water established in
the contract that reasonably reflects the reliability of the applicant's
Colorado River water supply.
H. Subject to subsection (I) of this Section,
if the proposed source of water is effluent, the Director shall determine the
annual volume of water that will be physically available by evaluating the
current, metered production or the projected production of effluent. The volume
of effluent that is physically available shall not include the following:
1. If the effluent will be delivered directly
from a wastewater treatment plant, the volume of effluent that exceeds the
applicant's estimated water demand that will be met with effluent;
and
2. The volume of effluent that
does not comply with any applicable water quality requirements for the proposed
use of the effluent.
I.
If the proposed source of water is stored water to be recovered from recovery
wells, the Director shall determine the volume of water that is physically
available for the proposed use as follows:
1.
If the stored water is represented by long-term storage credits in existence on
the date of application, the amount that is physically available is the amount
that may be recovered pursuant to the credits in a manner consistent with
A.R.S. Title 45, Chapter 3.1, subject to subsection (I)(3) of this
Section.
2. If the applicant
proposes to use long-term storage credits that do not exist on the date of
application or recover stored water on an annual basis pursuant to A.R.S.
§
45-851.01,
the Director shall evaluate the following in determining whether to include the
proposed credits or the water proposed to be stored and recovered annually in
the amount of water that is physically available for the applicant's proposed
use:
a. The terms of a contract to obtain
water to store in a storage facility;
b. The physical, continuous, and legal
availability of the water proposed to be stored;
c. The presence of an existing storage
facility that will be available for use for the proposed storage;
d. The existence of all required permits of
an adequate duration; and
e.
Whether recovery of the stored water will comply with subsection (I)(3) of this
Section.
3. If the
applicant proposes to recover the stored water from recovery wells located
outside the area of impact of storage, the stored water will be considered
physically available only if sufficient water exists for the withdrawals
consistent with both of the following:
a. The
maximum 100-year depth-to-static water level requirements established in
subsection (B)(2) of this Section; and
b. Any criteria for the withdrawals
prescribed in the management plan in effect at the time of the
application.
J. If the applicant will obtain the source of
water through a water exchange agreement, the Director shall determine that the
water is physically available for the proposed use if the applicant submits
evidence that the source of water the applicant or the applicant's customers
will use will be physically available in accordance with the terms of this
Section.
K. In the case of two or
more pending, conflicting, complete and correct applications for determinations
of assured water supply or determinations of adequate water supply, the
Director shall give priority to the application with the earliest priority
date. The priority date of an application for a determination of assured water
supply or determination of adequate water supply shall be the date that a
complete and correct application is filed with the Director. The Director shall
consider an application complete and correct if it contains all the information
required and the Director verifies that the information is accurate.
L. For a certificate applicant that proposes
to use surface water, the Director shall determine that the proposed source is
physically available only if the applicant demonstrates one of the following:
1. The land that is the subject of the
application is a member land of the CAGRD.
2. The applicant has independently obtained
the surface water supply.
3. The
proposed municipal provider would satisfy the criteria in
R12-15-722
if the municipal provider were subject to those requirements.
