Ariz. Admin. Code § R12-15-725 - Pinal AMA Calculation of Groundwater Allowance and Extinguishment Credits
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) by 0.35 acre-foot per lot.
v. Add the volume from subsection (A)(2)(a)(ii) 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, except as provided in subsection (A)(2)(e) of this Section.
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, except as provided in subsection
(A)(2)(e) of this Section.
e. If the application is for a
designation that includes a volume of groundwater or stored water recovered outside the area of impact
pursuant to R12-15-710(H), the groundwater allowance shall be calculated as follows: The applicant may select
either of the following calculations if the volume does not exceed the applicant's 2023 unreplenished
groundwater deliveries multiplied by 100:
i. multiply 30 by the total
groundwater deliveries during the calendar year 2023 to customers not enrolled as a member land in the
CAGRD;
ii. Multiply 20 by the total water deliveries from any
source during the calendar year 2023 to customers not enrolled as a member land in the CAGRD;
iii. Add the remaining groundwater allowance for each issued certificate of
assured water supply that is or will be withdrawn within the service area of the applicant to the volume
calculated under subsection (A)(2)(e) of this Section; or
iv. The
Director shall use the annual report submitted by the municipal provider for calendar year 2023, as verified
by the Director, for purposes of this calculation.
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.
Notes
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