Ariz. Admin. Code § R12-15-721 - Consistency with Management Plan
A.
The Director shall determine whether a designation applicant's projected use of
groundwater withdrawn within an active management area is consistent with the
management plan as follows:
1. If the
applicant is providing water to customers as of the date of application, the
applicant's projected water use is consistent with the management plan if
either of the following apply:
a. The
applicant is in compliance with its applicable management plan requirements in
the most recent calendar year for which data is available before the date of
application; or
b. The applicant
has signed a stipulation and consent order that is in effect on the date of the
application, or that becomes effective during the time of review of the
application, to remedy non-compliance with the management plan requirements and
the applicant is in compliance with the terms of the stipulation and consent
order.
2. If the
applicant has not commenced serving water to customers as of the date of
application, the applicant shall submit a water use plan that demonstrates to
the Director that compliance with management plan requirements will be achieved
through the use of conservation or augmentation measures.
3. If the applicant has a pending request for
an administrative review or variance from its management plan requirements, the
Director shall not make a finding regarding compliance with this Section until
the Director has issued a final decision and order on the request or the
request has been withdrawn.
B. The Director shall determine that a
certificate applicant's projected use of groundwater withdrawn within an AMA is
consistent with the management plan if the applicant submits a water use plan
for the subdivision that includes both of the following:
1. Information demonstrating that compliance
with management plan requirements will be achieved through conservation or
augmentation measures; and
2. All
information required to calculate the water requirements for each proposed
water use.
C. A
certificate applicant for a subdivision of 50 or fewer lots is exempt from the
requirements of this rule.
Notes
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