Section R12-15-705. Assignment of Type A Certificate of Assured Water Supply

A.      The certificate holder of a Type A certificate and the assignee may apply for approval of an assignment of the Type A certifi- cate within the time allowed by A.R.S. § 45-579(A). The assignee may file the  application if there is no certificate holder. The application shall be submitted on a form pre- scribed by the Director with the initial fee required by R12-15- 103(C), and the applicant shall provide the following:

1.        One of the following forms of proof of ownership for each assignee:

a.         A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is submitted to the Direc- tor and demonstrating that the assignee is the owner of the land that is the subject of the proposed assign- ment; or

b.        If the assignee is a potential purchaser, evidence of a purchase agreement;

2.        A current plat of the subdivision;

3.        An estimate of the 100-year water demand for the subdi- vision, based on the current plat;

4.        Certification by each applicant that:

a.         The proposed municipal provider has not changed and has agreed to continue to serve the subdivision after the assignment; and

b.        All water supplies listed on the current certificate are physically, continuously, and legally available to meet the estimated water demand of the subdivision after the assignment.

B.       Each applicant shall sign the application for an assignment of a Type A certificate. If an applicant is not a natural person, the entity’s authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-

F. The Director shall review an application for an assignment of a Type A certificate of assured water supply pursuant to the licensing time-frame provisions in R12-15-401.

Historical Note

Adopted effective February 7, 1995 (Supp. 95-1).

Amended by final rulemaking at 8 A.A.R. 4390, effective November 22, 2002 (Supp. 02-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).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 September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective

June 4, 2011 (Supp. 11-2).