Current through Register Vol. 30, No. 38, September 20, 2024
A.
For the Phoenix, Prescott, or Tucson AMAs, the Director shall calculate the
volume of groundwater that may be used consistent with the management goal of
the AMA in which the proposed use is located for at least 100 years by adding
the following:
1. The amount of the
groundwater allowance, according to
R12-15-724(A),
R12-15-726(A),
or
R12-15-727(A).
2. The amount of any extinguishment credits
pledged to the certificate or designation, according to
R12-15-724(B),
R12-15-726(B), or R12-15-727(B).
3.
Any groundwater that is consistent with the achievement of the management goal
pursuant to A.R.S. Title 45, Chapter 2.
B. The Director shall determine that a
proposed groundwater use in the Phoenix, Prescott, or Tucson AMA is consistent
with the management goal of the AMA if the volume calculated in subsection (A)
of this Section is equal to or greater than the portion of the applicant's
estimated water demand to be met with groundwater.
C. For a certificate in the Pinal AMA, the
Director shall calculate the volume of groundwater that may be used consistent
with the management goal of the AMA for at least 100 years by adding the
following:
1. The amount of the groundwater
allowance, according to
R12-15-725(A)(1).
2. The amount of any extinguishment credits
pledged to the certificate for a grandfathered right that was extinguished on
or after January 1, 2019, according to
R12-15-725(B),
except that annual reported use of such extinguishment credits to make
ground-water use consistent with the management goal is limited to the
following percentages of groundwater use from the sixth year after certificate
issuance:
|
Years After Certificate Issuance
|
Percentage of Total Groundwater Use that May Be
Made Consistent with the Pinal AMA Management Goal with Extinguishment Credits
Pledged to Certificate
|
|
Years Six through Ten
|
75%
|
|
Years Eleven through Fifteen
|
50%
|
|
Years Sixteen through Twenty
|
25%
|
|
Years Twenty-one and After
|
0%
|
3. The amount of any
extinguishment credits pledged to the certificate for a grandfathered right
that was extinguished on or after October 1, 2007 and before January 1,
2019.
4. The amount of any extinguishment credits pledged to
the certificate for a grandfathered right that was extinguished before October
1, 2007. The Director shall calculate the amount of the extinguishment credits
by multiplying the annual amount of the credits by 100.
5. Any
groundwater that is consistent with achievement of the management goal pursuant
to A.R.S. Title 45, Chapter 2.
D. For a certificate in the Pinal AMA, the
Director shall determine that the proposed groundwater use is consistent with
the management goal of the AMA if the volume calculated in subsection (C) of
this Section is equal to or greater than the portion of the applicant's
estimated water demand to be met with groundwater.
E. For a designation in the Pinal AMA, the
Director shall calculate the volume of groundwater that may be used consistent
with the management goal of the Pinal AMA on an annual basis for at least 100
years by adding the following for each year during the 100-year period:
1. The amount of the groundwater allowance,
according to
R12-15-725(A)(2).
If any of the groundwater allowance is not used during a year, the unused
groundwater allowance shall not be added to the volume calculated under this
subsection for the following year.
2. The amount of any extinguishment credits
pledged to the designation for a grandfathered right that was extinguished on
or after January 1, 2019, divided by the number of years remaining in which the
credits may be used pursuant to
R12-15-725(B).
These credits shall be included in the calculation only for those years in
which the credits may be used. If any of the extinguishment credits were
originally pledged to a certificate and are being used to support the municipal
provider's designation pursuant to
R12-15-723(G)(2),
the extinguishment credits shall not be limited by the percentages in
subsection (C)(2) of this section.
3. The amount of any
extinguishment credits pledged to the designation for a grandfathered right
that was extinguished on or after October 1, 2007 and before January 1, 2019,
divided by 100. Extinguishment credits for a grandfathered right that was
extinguished on or after October 1, 2007 and before January 1, 2019 may be used
in any year.
4. The annual amount of any extinguishment credits
pledged to the designation for a grandfathered right that was extinguished
before October 1, 2007. The following shall apply if any of the extinguishment
credits are not used during a calendar year:
a. If the extinguishment credits were pledged
to the designation before October 1, 2007, any extinguishment credits not used
during a calendar year shall be added to the volume calculated under this
subsection for the following calendar year.
b. If the extinguishment credits are pledged
to the designation on or after October 1, 2007, any of the extinguishment
credits not used during a calendar year shall not be added to the volume
calculated under this subsection for the following calendar year, except that
if the extinguishment credits were originally pledged to a certificate before
October 1, 2007 and are used to support the municipal provider's designation
pursuant to
R12-15-723(G)(2),
any of the extinguishment credits not used during a calendar year shall be
added to the volume calculated under this subsection for the following calendar
year.
5. Any groundwater that is consistent with the
achievement of the management goal pursuant to A.R.S. Title 45, Chapter
2.
F. For a designation
in the Pinal AMA, the Director shall determine that the proposed groundwater
use is consistent with the management goal of the Pinal AMA if the volume
calculated in subsection (E) of this Section for each year during the 100-year
period is equal to or greater than the portion of the applicant's annual
estimated water demand to be met with groundwater.
G. Upon application, the following volumes of
groundwater used by an applicant are considered consistent with the management
goal:
1. If the Director determines that a
surface water supply is physically available under R12-15-716 and the volume of
the supply actually available during a calendar year is equal to or less than
the drought volume for the supply, the volume of groundwater, other than the
groundwater that is accounted for under subsection (A), (C), or (E) of this
Section, withdrawn within the AMA that, when combined with the available
surface water supply, is equal to or less than the drought volume.
2. Any volume of groundwater withdrawn within
a portion of an AMA that is exempt from conservation requirements under A.R.S.
Title 45 due to waterlogging. The Director shall review the application of this
exclusion on a periodic basis, not to exceed 15 years.
3. Remedial groundwater that is consistent
with the management goal according to the requirements of
R12-15-729.
H. An applicant for a certificate
of assured water supply for a dry lot subdivision of 20 lots or fewer is exempt
from the requirements of this Section.
