A. The
Director shall determine that an applicant for a certificate or a water report has the financial capability
to construct adequate delivery, storage, and treatment works if the applicant demonstrates one or more of the
following:
1. The applicant will submit its final plat to a qualified
platting authority;
2. The applicant has constructed adequate
delivery, storage, and treatment works, and water service is available to each lot; or
3. The applicant has posted a performance bond with the platting authority
for the entire cost of adequate delivery, storage, and treatment works.
B. Upon receiving evidence that a platting authority has established
standards for proof of financial capability to construct adequate delivery, storage, and treatment works,
pursuant to A.R.S. §
9-463.01(C)(8) or A.R.S. §
11-806.01(G), the Director shall classify the platting authority as a qualified platting authority. The
Director shall maintain a list of qualified platting authorities.
C. The Director shall determine that an applicant for a designation has the
financial capability to construct adequate delivery, storage, and treatment works if the applicant
demonstrates one or more of the following for each of those facilities:
1.
The applicant has constructed adequate delivery, storage, and treatment works;
2. The applicant has entered into written agreements requiring a potential
developer to construct adequate delivery, storage, and treatment works;
3. The applicant has submitted evidence demonstrating that financing
mechanisms are in place to construct adequate delivery, storage, and treatment works in a timely
manner;
34. If the applicant
is a city or town, the applicant has
a. Adopted adopted a five year
capital improvement plan that provides for the construction, or the commencement of construction, of adequate
delivery, storage, and treatment works in a timely manner, and has submitted a certification by the
applicant's chief financial officer that finances are available to implement that portion of the five-year
plan; or
b. Submitted evidence demonstrating that
financing mechanisms are in place to construct adequate delivery, storage, and treatment works in a timely
manner; or
45. If the applicant is a private water company, the
applicant has received approval from the Arizona Corporation Commission for financing the construction of
adequate delivery, storage, and treatment works.
Notes
Ariz. Admin. Code §
R12-15-720
Adopted effective
February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final
rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp.
06-3). Amended by
final rulemaking at
30
A.A.R. 3751, effective 11/25/2024.
