Arizona Administrative Code
Title 12 - NATURAL RESOURCES
Chapter 15 - DEPARTMENT OF WATER RESOURCES
Article 7 - ASSURED AND ADEQUATE WATER SUPPLY
Section R12-15-725 - Pinal AMA - Calculation of Groundwater Allowance and Extinguishment Credits
Universal Citation: AZ Admin Code R 12-15-725
Current through Register Vol. 30, No. 38, September 20, 2024
A. The Director shall calculate the groundwater allowance for a certificate or designation in the Pinal AMA as follows:
1. If the
application is for a certificate:
a. If the
certificate application is filed before January 1, 2019, multiply the annual
estimated water demand for the proposed subdivision by 10.
b. If the certificate application is filed on
or after January 1, 2019, the groundwater allowance shall be zero.
2. If the application is for a
designation:
a. If the applicant was
designated as having an assured water supply as of October 1, 2007:
i. Multiply the applicant's service area
population as of October 1, 2007 by 125 gallons per capita per day and multiply
the product by 365 days. The service area population shall be determined using
the methodology set forth in Section
5-103(D)
of the Third Management Plan for the Pinal
AMA.
ii. Convert the number of
gallons determined in subsection (A)(2)(a)(i) into acre-feet by dividing the
number by 325,851 gallons.
iii.
Determine the number of residential lots within plats that were recorded as of
October 1, 2007 but not served water as of that date, and to which the
applicant commenced water service by January 1, 2010.
iv. Multiply the number of lots determined in
subsection (A)(2)(a)(iii) of this Section by 0.35 acre-foot per lot.
v. Add the volume from subsection
(A)(2)(a)(ii) of this Section and the volume from subsection (A)(2)(a)(iv) of
this Section.
b. If the
applicant provided water to its customers before October 1, 2007 but was not
designated as having an assured water supply as of that date, and a complete
and correct application for designation was filed before January 1, 2012,
multiply the applicant's service area population as of October 1, 2007 by 125
gallons per capita per day and multiply the product by 365 days. The service
area population shall be determined using the methodology in Section
5-103(D)
of the Third Management Plan for the Pinal
AMA.
c. If the applicant provided
water to its customers before October 1, 2007 but was not designated as having
an assured water supply as of that date, and a complete and correct application
for designation was filed on or after January 1, 2012, the applicant's
groundwater allowance is zero acre-feet.
d. If the applicant commenced providing water
to its customers on or after October 1, 2007, the applicant's groundwater
allowance is zero acre-feet.
3. For each calendar year of a designation,
the Director shall calculate the volume of incidental recharge for a designated
provider within the Pinal AMA and add that volume to the designated provider's
groundwater allowance. The Director shall calculate the volume of incidental
recharge by multiplying the provider's total water use from any source in the
previous calendar year by the standard incidental recharge factor of 4%. A
designated provider may apply for a variance from the standard incidental
recharge factor by submitting a hydrologic study demonstrating, to the
satisfaction of the Director, that the ratio of the average annual amount of
incidental recharge expected to be attributable to the designated provider
during the management period to the average annual amount of water expected to
be withdrawn, diverted or received for delivery by the designated provider for
use within its service area during the management period is different than 4%.
The hydrologic study shall include the amount of water withdrawn, diverted or
received for delivery by the designated provider for use within its service
area during each of the preceding five years and the amount of incidental
recharge that was attributable to the designated provider during each of those
years. The Director may establish a different incidental recharge factor for
the designated provider upon such demonstration.
B. The Director shall calculate the extinguishment credits for extinguishing a grandfathered right in the Pinal AMA as follows.
1. The Director shall calculate
the initial volume of extinguishment credits for the extinguishment of a
grandfathered right in the Pinal AMA as follows:
a. For the extinguishment of a type 2
non-irrigation grandfathered right, multiply the number of acre-feet indicated
on the certificate of grandfathered right by 100.
b. For the extinguishment of all or part of
an irrigation grandfathered right, or all or part of a type 1 non-irrigation
grandfathered right, multiply 1.5 acre-feet by the number of irrigation acres
associated with the extinguished irrigation grandfathered right or the number
of acres to which the extinguished type 1 non-irrigation grandfathered right is
appurtenant, and then multiply that product by 100, except that:
i. If only a portion of an irrigation
grandfathered right or a type 1 non-irrigation grandfathered right is
extinguished, only those acres associated with the portion of the right that is
extinguished shall be included in the calculation; and
ii. If an extinguished irrigation
grandfathered right has a debit balance in the corresponding flexibility
account established under §
45-467,
the amount of the debit shall be subtracted from the amount of the
extinguishment credits.
2. For grandfathered rights extinguished in
the Pinal active management area on or after January 1, 2019, if the amount of
the extinguishment credits remaining unused in the fifth, tenth, fifteenth, and
twentieth year after the year of extinguishment is greater than an amount
calculated by multiplying the initial volume of extinguishment credits by the
applicable percentage shown in the table below, the amount of unused credits
shall be reduced to an amount calculated by multiplying the initial volume of
extinguishment credits by the applicable percentage:
|
Year After Extinguishment |
Percentage |
|
Fifth |
75% |
|
Ten th |
50% |
|
Fifteenth |
25% |
|
Twentieth |
0% |
3.
For purposes of subsection (B)(2) of this section, the amount of extinguishment
credits remaining unused shall be the initial volume of extinguishment credits
issued for the extinguishment of the right, less:
a. The amount of any of the extinguishment
credits previously pledged to a certificate of assured water supply or
designation of assured water supply pursuant to
R12-15-723,
subsections (E) or (F) and reported to the department as having been used;
and
b. The amount of any previous
reductions made to the extinguishment credits pursuant to subsection (B)(2) of
this section.
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