Ariz. Admin. Code § R12-15-712 - Analysis of Adequate Water Supply
A. A person proposing to develop land outside
an AMA that will not be served by a designated provider may apply for an
analysis of adequate water supply before applying for a water report. An
applicant for an analysis must be the owner of the land that is the subject of
the application or have the written consent of the owner. The commissioner of
the Arizona State Land Department may apply for an analysis for land owned by
the state of Arizona outside an AMA or may consent to the inclusion of such
land in an application.
B. An
applicant for an analysis shall submit an application on a form prescribed by
the Director with the initial fee required by
R12-15-103(C),
and attach the following:
1. A title report,
condition of title report, limited search title report, or recorded deed, dated
within 90 days of the date the application is submitted to the Director,
demonstrating the ownership of the land that is the subject of the
application;
2. A description of
the development, including:
a. A map of the
land uses included in the development,
b. A list of water supplies proposed to be
used by the development,
c. A
summary of land use types included in the development, and
d. An estimate of the water demand for the
land uses included in the development; and
3. Evidence that the applicant has complied
with subsection (E) of this Section.
C. An applicant shall sign the application
for an analysis. 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 that is the subject of the water report, the authorized representative may
sign the application on the applicant's behalf.
D. After a complete application is submitted,
the Director shall determine the estimated water demand of the
development.
E. The Director shall
issue an analysis if an applicant demonstrates one or more of the following:
1. Sufficient supplies of water are
physically available to meet all or part of the estimated water demand of the
development for 100 years, according to the criteria in
R12-15-716;
2. Sufficient supplies of water are
continuously available to meet the estimated water demand of the development
for 100 years, according to the criteria in
R12-15-717;
3. Sufficient supplies of water are legally
available to meet the estimated water demand of the development for 100 years,
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.
F. For 10 years after the Director
issues an analysis, or a longer period allowed under subsections (H) or (I) of
this Section:
1. If groundwater is a source of
supply in the analysis and the applicant demonstrates that groundwater is
physically available under subsection (E)(1), the Director shall consider that
supply of groundwater reserved for the use of the proposed development in
subsequent determinations of physical availability pursuant to
R12-15-716(B).
2. If an analysis
holder applies for a water report for a subdivision located on land included in
the analysis, the Director shall presume that a criterion demonstrated in the
analysis remains satisfied with respect to the subdivision, unless the Director
has received new evidence demonstrating that the criterion is not satisfied. If
the Director issues the water report, the Director shall reduce the volume of
groundwater reserved pursuant to subsection (F)(1) of this Section by the
amount of the estimated water demand for the water report that will be met with
groundwater.
G. The
Director shall reduce the amount of water considered reserved for use of the
development upon request by the analysis holder. If the analysis holder
requesting a reduction is not the person to whom the analysis was issued, the
Director shall reduce the amount of reserved groundwater only if the person to
whom the analysis was issued or that person's designee consents to the request
for reduction. The person to whom the analysis was issued shall notify the
Director in writing of the person's designee for purposes of this
subsection.
H. The analysis holder
may apply to the Director for a five-year extension of the time period in
subsection (F) of this Section by submitting an application on a form
prescribed by the Director no earlier than 36 months before the end of the time
period and no later than 30 days before the end of the time period. If an
extension is granted, the analysis holder may apply to the Director for an
additional five-year extension by submitting an application on a form
prescribed by the Director no earlier than 36 months before the end of the
extended time period and no later than 30 days before the end of the extended
time period. The Director shall extend the time period for no more than two
successive five-year periods under this subsection if the analysis holder
demonstrates one of the following:
1. The
analysis holder has made a substantial capital investment in developing the
land included in the analysis.
2.
The analysis holder has made material progress in developing the land included
in the analysis.
3. Progress in
developing the land included in the analysis has been delayed for reasons
outside the control of the analysis holder.
I. After the Director grants two five-year
extensions pursuant to subsection (H) of this Section, the Director may extend
the time period for additional five-year periods if the analysis holder files a
timely application pursuant to subsection (H) of this Section and demonstrates
one of the criteria in subsections (H)(1), (2), or (3) of this
Section.
J. The Director shall
review an application for an analysis or an application for an extension
pursuant to subsections (H) or (I) of this Section pursuant to the licensing
time-frame provisions in
R12-15-401.
Notes
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