Ariz. Admin. Code § R12-15-702 - Physical Availability Determination
A. A person may apply for a physical
availability determination by submitting an application on a form prescribed by
the Director with the initial fee required by
R12-15-103(C),
and providing the following information with the application:
1. The proposed source of water for which the
applicant is seeking a determination of physical availability,
2. Evidence that the applicant has complied
with subsection (C) of this Section, and
3. Any other information that the Director
reasonably deems necessary to determine whether water is physically available
in the area that is the subject of the application.
B. Each applicant shall sign an application
for a physical availability determination. 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 the 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 determination, the
authorized representative may sign the application on the applicant's
behalf.
C. An applicant for a
physical availability determination shall demonstrate the following:
1. The volume of water that is physically
available for 100 years in the area that is the subject of the application,
according to the criteria in
R12-15-716.
2. That the proposed sources of water will be
of adequate quality, according to the criteria in
R12-15-719.
D. After a complete application is
submitted, the Director shall review the application and associated evidence to
determine whether the applicant has demonstrated all of the criteria in
subsection (C) of this Section. If the Director determines that the applicant
has demonstrated all of the criteria in subsection (C) of this Section, the
Director shall issue a physical availability determination.
E. Any person applying for a determination of
assured water supply or a determination of adequate water supply may use an
existing physical availability determination for purposes of
R12-15-716.
The Director shall consider any changes in hydrologic conditions for purposes
of R12-15-716.
F. The issuance of a
physical availability determination does not reserve any water for purposes of
this Article.
Notes
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