Section R12-15-103. Applications Subject to Hourly Fee; Amount of Fee; Initial Fee; Billing and Payment; Request for Reconsider- ation of Fee; Past Due Fee

A.      The Department shall calculate the fee for an application listed in subsection (B) of this Section by multiplying the number of review hours for the application by an hourly rate of $118.00,

l. Permit  to   transport  groundwater away from the Yuma groundwater basin pursuant to A.R.S. § 45-547	$10,000.00
m. Drought emergency groundwater transfer away from a groundwater basin outside of an active manage- ment area	$10,000.00

  

 

plus any mileage expenses and the actual cost of mailing or publishing any legal notice of the application.

B.       A person submitting an application listed below shall pay an hourly fee for the application, not to exceed the maximum fee shown for the application:

1.        Wells:

Type of Application	Maximum Fee
Variance from well construction require- ments that has not been pre-approved by the Department	$10,000.00

  

 

3.     Grandfathered Rights:

2.       

Type of Application	Maximum Fee
a. Type 1 non-irrigation grandfathered right for land retired from irrigation after date of designation of active management area pursuant to A.R.S. § 45-469 or 45-472	$10,000.00
b.     Restoration   of   retired   irrigation grandfathered   right   pursuant   to A.R.S. § 45-469(O)	$10,000.00

  

 

Groundwater:

4.       

Type of Application	Maximum Fee
a.      Issuance, renewal or modification of groundwater withdrawal permit	$10,000.00
b. Issuance of notice of authority to irrigate in an irrigation non-expan- sion area	$10,000.00
c.   Approval of contract by a city, town or private water company to supply groundwater to another city, town or private water company pursuant to A.R.S. § 45-492(C)	$10,000.00
d. Notice of intent to establish new ser- vice area right by a city, town or pri- vate water company	$10,000.00
e. Final petition to establish new ser- vice area right by a city, town or pri- vate water company	$10,000.00
f. Extension of the service area of a city, town or private water company to furnish disproportionately large amounts of water to an industrial or other large water user pursuant to A.R.S. § 45-493(A)(2)	$10,000.00
g.     Addition and exclusion of area by an  irrigation  district   pursuant  to A.R.S. § 45-494.01	$10,000.00
h. Delivery of groundwater by an irri- gation district to an industrial user with a general industrial use permit pursuant to A.R.S. § 45-497(B)	$10,000.00
i. Determination of historically irri- gated acres or annual transportation allotment for lands in McMullen valley groundwater basin pursuant to A.R.S. § 45-552	$10,000.00
j. Determination of volume of ground- water that can be transported from lands in Harquahala irrigation non- expansion area to an initial active management    area    pursuant    to A.R.S. § 45-554	$10,000.00
k. Determination of historically irri- gated acres or annual transportation allotment for lands in the Big Chino sub-basin of the Verde River groundwater    basin    pursuant    to A.R.S. § 45-555	$10,000.00

  

 

Substitution of Acres:

Type of Application	Maximum Fee
a.   Substitution of flood damaged acres in an active management area or an irrigation non-expansion area	$10,000.00
b. Substitution of acres to eliminate limiting condition impeding effi- cient irrigation in an active manage- ment area or an irrigation non- expansion area	$10,000.00
c. Substitution of acres to allow irriga- tion with Central Arizona Project water in an active management area	$10,000.00

5.        Lakes:

Type of Application	Maximum Fee
a.      Permit  to  fill  body  of  water  with poor   quality   water   pursuant    to A.R.S. § 45-132(C)	$10,000.00
b.     Permit for interim water use in a body of water	$10,000.00
c. Temporary   emergency  permit   for use of surface water or groundwater in a body of water	$10,000.00

6.        Water Exchange:

Type of Application	Maximum Fee
a.      Issuance, renewal or modification of water exchange permit	$10,000.00
b. Notice of water exchange for which approval is required pursuant to A.R.S. § 45-1052(6)(b)	$10,000.00

7.        Water Exportation:

Type of Application	Maximum Fee
Permit to transport water from this state	$25,000.00

8.       

f. Severance and transfer  of  water right to land that is within the same parcel or farm unit as the current use and that does not include a change in water source, use or ownership	$2,500.00
g.     Request   for  extension  of  time   to complete construction	$10,000.00

  

 

Underground Water Storage, Savings and Replenishment:

9.        Assured and Adequate Water Supply:

10.     Surface Water:

C.      A person filing an application that is subject to an hourly fee shall submit an initial fee at the time the application is submit- ted to the Department. The initial fee for applications described in subsections (B)(7), (B)(8)(a), (B)(9)(e), (f) and (B)(10)(e) of this Section shall be $2,000.00. The initial fee for all other applications shall be $1,000.00. If requested by the applicant, the Department may set a lower initial fee if the Department estimates that the total application fee will be less than the initial fee specified in this subsection. The Depart- ment shall not accept an application for which an initial fee is required under this subsection unless the initial fee is included with the application.

D.     

Type of Application	Maximum Fee
a.   Issuance, renewal or modification of an underground storage facility per- mit	$25,000.00
b.    Issuance, renewal or modification of a groundwater savings facility per- mit	$10,000.00
c.      Issuance, renewal or modification of a water storage permit	$10,000.00
d. Recovery well permit, including an emergency temporary recovery well permit	$10,000.00

  

 

Type of Application	Maximum Fee
a.      Physical availability determination	$10,000.00
b.     Analysis  of  assured  or  adequate water supply	$10,000.00
c.      Renewal of analysis of assured or adequate water supply	$10,000.00
d.     Certificate of assured water supply	$10,000.00
e.      Issuance or modification of designa- tion of assured water supply	$35,000.00
f.      Issuance or modification of designa- tion of adequate water supply	$25,000.00
g.     Water report (outside an AMA)	$10,000.00
h.     Assignment of Type A certificate of assured water supply	$5,000.00
i.      Assignment of Type B certificate of assured water supply	$5,000.00
j.   Classification of Type A certificate of assured water supply pursuant to R12-15-707	$10,000.00
k.     Review of revised plat to determine whether changes are material	$10,000.00
l.      New  certificate  of  assured   water supply pursuant to R12-15-704(G)	$10,000.00
m. Letter stating that owner is not required to obtain a certificate of assured water supply pursuant to R12-15-704(M)	$10,000.00

  

 

The Department shall bill the applicant for processing the application no more than monthly, but at least quarterly. Each bill shall contain the following information for the billing period:

1.        The number of review hours accrued by activity and sub- activity code during the billing period, the date of each activity, a description of each activity and the effective hourly rate for all activities;

2.        A description and amount of any mileage expenses charged for the application;

3.        A description and amount of the cost of mailing or pub- lishing any legal notice of the application or notice of a pre-decision administrative hearing on the application; and

4.        The total fees paid to date, the total fees due for the bill- ing period, the date when the fees are payable, which shall be at least 60 days after the date of the bill, and the maximum fee for the application.

E.       A bill for hourly fees becomes past due if the applicant does not pay the bill in full by the due date specified in the bill, unless the applicant submits a timely request for reconsider- ation of the bill pursuant to subsection (G) of this Section. If the applicant submits a timely request for reconsideration of the bill, the bill becomes past due if the applicant does not pay the amount due under the Director’s decision on the request by the date specified in the decision. If a bill for hourly fees becomes past due, the following shall apply:

1.       

Type of Application	Maximum Fee
a.      Permit to appropriate public water	$10,000.00
b.     Certificate of water right	$10,000.00
c.      Primary reservoir permit or second- ary reservoir permit	$10,000.00
d.     Change in use of water	$10,000.00
e. Severance and transfer   of  water right to land that is not within the same parcel or farm unit as the cur- rent use, or that includes a change in water source, use or ownership	$25,000.00

  

 

The applicable review time-frame shall be suspended from the date the bill became past due until the applicant pays the bill in full or the application is denied under sub- section (E)(2) of this Section, whichever applies.

2.        The Department shall suspend its review of the applica- tion and send a written notice to the applicant that the bill is past due. If the applicant does not pay the outstanding bill by the date specified in the notice, which shall be at least 35 days from the date of the notice, the application shall be denied.

F.       After the Department makes a determination whether to grant or deny the application, or when an applicant withdraws the application, the Department shall prepare and send to the applicant a final itemized billing statement for the application fee.

1.        If the total fee exceeds the amount of the initial fee paid plus all other payments made to date, the applicant shall pay the balance, up to the maximum fee for the applica- tion, plus any mileage expenses and the actual cost of mailing or publishing any legal notice of the application

or notice of a pre-decision administrative hearing on the application, by the date specified in the statement, unless the applicant submits a timely request for reconsideration of the bill pursuant to subsection (G) of this Section. The statement shall specify a date, at least 60 days from the date of the statement, by which the applicant must pay the bill. If the applicant submits a timely request for recon- sideration of the bill, the applicant shall pay the amount due under the Director’s decision on the request by the date specified in the decision. The Department shall not release the final permit or approval until the final bill is paid in full.

2.        If the total fee is less than the initial fee plus all other pay- ments made to date, the Department shall refund the dif- ference to the applicant within 35 days of the date of the statement.

G.      An applicant may seek reconsideration of a bill for hourly fees by filing a written request for reconsideration with the Direc- tor. The request shall specify, in detail, why the bill is in dis- pute and shall include any supporting documentation. The written request for reconsideration shall be delivered to the Director in person, by mail, or by facsimile on or before the payment due date. The Director shall make a final decision on the request for reconsideration of the bill and mail a final writ- ten decision to the person within 20 business days after the date the Director receives the written request. The decision shall specify a date, at least 35 days from the date of the deci- sion, by which the applicant must pay the bill. The Director may reduce the amount of any fees billed under this Section if the Director determines that the number of review hours or mileage expenses billed to the applicant was incorrect or that time spent by the Department to review the application and make a decision thereon was not necessary or advisable.

H.      If a person receives a bill under this Section and the bill becomes past due under subsection (E) or (F) of this Section, the Department shall not accept for filing any other application by that person until the person pays the past due amount in full.

f.      Notice  of  intention  to  abandon   a well	$150.00
g. Notice of intention to drill a well other than a well described in sub- section (A)(1)(h) of this Section	$150.00
h. Notice of intention to drill a well that will not be located in an active management area or irrigation non- expansion area, that will be used solely for domestic purposes and that will have a pump with a maxi- mum capacity of not more than 35 gallons per minute	$100.00
i.      Re-issuance of drill card	$120.00
j.      Permit to drill non-exempt well in an active management area	$150.00 application fee plus $30.00 permit fee

2.        Groundwater:

Type of Application or Filing	Fee
a.      Conveyance  of  farm’s  flexibility account balance	$250.00
b. Conveyance of notice of authority to irrigate in an irrigation non-expan- sion area	$500.00
c.      Conveyance  of  groundwater   with- drawal permit	$500.00

3.        Grandfathered rights:

Type of Application	Fee
a.      Late  application  for  certificate  of grandfathered right	$100.00
b.     Conveyance of certificate of grand- fathered right	$500.00
c. Issuance of revised certificate of grandfathered right following partial extinguishment of grandfathered right for assured water supply extin- guishment credits	$120.00
d. Revised certificate of Type 2 non- irrigation grandfathered right to reflect new or additional points of withdrawal or the deletion of a point of withdrawal	$250.00
e. Approval of development plan  to retire irrigation grandfathered right for a Type 1 non-irrigation grandfa- thered right	$500.00
f. Re-issuance of certificate of grand- fathered right to reflect a change in family circumstances or a transfer of the right from the rightholder to a trust in which the rightholder is a beneficiary or from a trust to a bene- ficiary of the trust	$120.00

  

 

Historical Note

New Section made by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective Septem- ber 10, 2010 (Supp. 10-3). Amended by exempt rulemak-

ing at 17 A.A.R. 776, effective April 15, 2011 with an automatic repeal date effective June 4, 2011; new Section made by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).