Section R12-15-702. Physical Availability Determination

A.      A person may apply for a physical availability determination by submitting an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and providing the following information with the application:

1.        The proposed source of water for which the applicant is seeking a determination of physical availability,

2.        Evidence that the applicant has complied with subsection

(C) of this Section, and

3.        Any other information that the Director reasonably deems necessary to determine whether water is physically avail- able in the area that is the subject of the application.

B.	Each applicant shall sign an application for a physical avail-		3.     Evidence that the applicant has complied with subsection
	ability determination. If an applicant is not a natural person,		(E) of this Section.
	the applicant’s authorized officer, managing member, partner,	C.	An applicant shall sign the application for an analysis. If an
	trust officer, trustee or other person who performs similar deci-		applicant is not a natural person, the applicant’s authorized
	sion-making functions for the applicant shall sign the applica-		officer, managing member, partner, trust officer, trustee, or
	tion. If the applicant submits a letter, signed by the applicant		other person who performs similar decision-making functions
	and dated within 90 days of the date the application is submit-		for the applicant shall sign the application. If the applicant
	ted, authorizing a representative to submit applications for per-		submits a letter, signed by the applicant and dated within 90
	mits regarding the land to be included in the determination, the		days of the date the application is submitted, authorizing a rep-
	authorized  representative   may  sign  the   application  on  the		resentative to submit applications for permits regarding the
	applicant’s behalf.		land to be included in the analysis, the authorized representa-
C.	An applicant for a physical availability determination shall		tive may sign the application on the applicant’s behalf.
	demonstrate the following:	D.	After a complete application is submitted, the Director shall
	1.     The volume of water that is physically available for 100		determine the estimated water demand of the development.
	years in the area that is the subject of the application,	E.	The Director shall issue an analysis if an applicant demon-
	according to the criteria in R12-15-716.		strates one or more of the following:
	2.     That the proposed sources of water will be of adequate		1.     Sufficient supplies of water are physically available to
	quality, according to the criteria in R12-15-719.		meet all or part of the estimated water demand of the
D.	After a complete application is submitted, the Director shall		development for 100 years, according to the criteria in
	review the application and associated evidence to determine		R12-15-716.
	whether the applicant has demonstrated all of the criteria in		2.     Sufficient supplies of water are continuously available to
	subsection (C) of this Section. If the Director determines that		meet the estimated water demand of the development for
	the applicant has demonstrated all of the criteria in subsection		100 years, according to the criteria in R12-15-717.
	(C) of this Section, the Director shall issue a physical avail-		3.     Sufficient supplies of water are legally available to meet
	ability determination.		the estimated water demand of the development for 100
E.	Any person applying for a determination of assured water sup-		years, according to the criteria in R12-15-718.
	ply or a determination of adequate water supply may use an		4.     The proposed sources of water are of adequate quality,
	existing physical availability determination for purposes of		according to the criteria in R12-15-719.
	R12-15-716.  The  Director   shall  consider  any  changes   in		5.     Any proposed groundwater use is consistent with the
	hydrologic conditions for purposes of R12-15-716.		management plan in effect at the time of the application,
F.	The issuance of a physical availability determination does not		according to the criteria in R12-15-721.
	reserve any water for purposes of this Article.		6.     Any proposed groundwater use is consistent with the

Historical Note

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 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 final rulemaking

at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).