Section R12-15-1015. Reporting Requirements for Conveyances of Grandfathered Rights and Groundwater Withdrawal Permits

A.      A person who is required by A.R.S. § 45-482 to notify the Director of a conveyance of a grandfathered right shall file a notice of conveyance, on a form prescribed by the Director, within 30 days of the conveyance. All parties to the convey- ance may use a single form for the required notice. Except pro- vided in subsection (B) of this rule, the notice of conveyance shall include an accounting of the amount of water withdrawn or received pursuant to that grandfathered right from January 1 to the date of conveyance for that calendar year.

B.       If the person to whom a grandfathered right is conveyed is unable, because of extraordinary circumstances and good cause shown, to perform the accounting otherwise required by subsection (A) of this rule, the Director may waive the require- ment for that person.

C.      If a person, including a person who is granted a waiver pursu- ant to subsection (B) of this rule, fails to include the required accounting in a timely filed notice of conveyance pursuant to subsection (A) of this rule, the Director shall determine the amount of groundwater withdrawn or received pursuant to the grandfathered right from January 1 to the date of conveyance for that calendar year. Such a person shall bear the burden, in any subsequent administrative or judicial proceeding, of estab- lishing by clear and convincing evidence that the Director’s determination was incorrect.

D.      A person requesting the Director’s approval of a proposed conveyance of a groundwater withdrawal permit pursuant to

A.R.S. § 45-520(B) shall include with such request the quan- tity of groundwater withdrawn pursuant to the groundwater withdrawal permit for that calendar year and all other informa- tion required to be submitted pursuant to A.R.S. § 45-632.

Historical Note

Adopted effective December 12, 1990 (Supp. 90-4).