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 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 12. NATURAL RESOURCES
 Chapter 15. DEPARTMENT OF WATER RESOURCES
 Article 7. ASSURED AND ADEQUATE WATER SUPPLY

  Section R12-15-706. Assignment of Type B Certificate of Assured Water Supply  

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    making functions for the applicant shall sign the application. If

    A.

    The certificate holder of a Type B certificate or a certificate

    an applicant submits a letter, signed by the applicant and dated

     

    issued before the effective date of this Section that has not

    within 90 days of the date the application is submitted, autho-

     

    been classified pursuant to R12-15-707 and the assignee may

    rizing  a  representative  to   submit  applications  for   permits

     

    apply  for  approval  of  an  assignment  of  the  certificate  to

    regarding the land included in the certificate, the authorized

     

    another  person  within  the  time  allowed   by  A.R.S.  §  45-

    representative may sign the application on behalf of the appli-

     

    579(A). The assignee may file the application if there is no

    cant.

     

    certificate holder. The application shall be submitted on a form

    C.

    Upon receiving an application for an assignment of a Type A

     

    prescribed by the Director with the initial fee required by R12-

     

    certificate,  the  Director   shall  post  the   notice  required  by

     

    15-103(C), and the applicant shall provide the following:

     

    A.R.S. § 45-579(E).

     

    1.     One of the following forms of proof of ownership for

    D.

    If the Director determines that the application meets the crite-

     

    each assignee:

     

    ria of A.R.S. § 45-579(A), the Director shall issue a Type A

     

    a.      A title report, condition of title report, limited search

     

    certificate to each applicant. A Type A certificate issued under

     

    title report, or recorded deed, dated within 90 days

     

    this subsection shall retain the issue date, the number of lots,

     

    of the date the application is submitted to the Direc-

     

    and the estimated water demand shown on the original certifi-

     

    tor and demonstrating that the assignee is the owner

     

    cate, except as provided in subsection (E) of this Section. The

     

    of the land that is the subject of the proposed assign-

     

    Director shall determine that the application meets the criteria

     

    ment; or

     

    of A.R.S. § 45-579(A) if all of the following apply:

     

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

     

    1.     The application is submitted within the time allowed by

     

    purchase agreement;

     

    A.R.S. § 45-579(A);

     

    2.     A current plat of the subdivision;

     

    2.     The assignee is the owner or a potential purchaser of the

     

    3.     An estimate of the 100-year water demand for the subdi-

     

    portion of the subdivision that is the subject of the assign-

     

    vision, based on the current plat;

     

    ment;

     

    4.     Evidence    that   all   necessary   water    rights,   permits,

     

    3.     There have been no material changes to the plat for which

     

    licenses, contracts, and easements have been or will be

     

    the original certificate was issued, according to the crite-

     

    assigned to the assignee of the certificate;

     

    ria in R12-15-708;

     

    5.     Evidence that the assignee has the financial capability to

     

    4.     Neither the applicant nor a predecessor in interest has

     

    construct adequate delivery, storage, and treatment works

     

    impaired the manner in which consistency with manage-

     

    for the subdivision according to the criteria in R12-15-

     

    ment goal requirements were satisfied when the original

     

    720;

     

    certificate was issued; and

     

    6.     Evidence that all water supplies listed on the current cer-

     

    5.     The applicant makes the certifications required in subsec-

     

    tificate are physically, continuously, and legally available

     

    tion (A)(4) of this Section.

     

    to meet the estimated water demand of the subdivision

    E.

    In the case of a partial assignment, the Director shall deter-

     

    after the assignment;

     

    mine whether changes to the plat are material according to

     

    7.     Evidence that the proposed municipal provider has not

     

    R12-15-708. The Director shall issue a Type A certificate to

     

    changed and has agreed to serve the subdivision after the

     

    the assignee for the portion of the subdivision that is the sub-

     

    assignment;

     

    ject of the assignment and for the number of lots and the esti-

     

    8.     If the applicant requests that the Director classify the cer-

     

    mated water demand of the current plat of the portion of the

     

    tificate pursuant to subsection (E) of this Section, evi-

     

    subdivision that is the subject of the assignment. The Director

     

    dence  that   the  requirements  of   R12-15-704(H)(1)  are

     

    shall issue a Type A certificate to the certificate holder for the

     

    satisfied;

     

    portion of the subdivision retained by the certificate holder and

     

    9.     Any other information that the Director reasonably deems

     

    for the remainder of the number of lots and the remainder of

     

    necessary to determine whether the application meets the

     

    the estimated water demand. The sum of the number of lots

     

    criteria of A.R.S. § 45-579.

     

    and the sum of the amount of the estimated water demand

    B.

    Each applicant shall sign the application for an assignment of a

     

    shown on each certificate shall equal the total number of lots

     

    certificate. If an applicant is not a natural person, the entity’s

     

    and the total estimated water demand shown on the certificate

     

    authorized officer, managing member, partner, trust officer,

     

    being assigned.

     

    trustee, or other person who performs similar decision-making

     

     

     

    functions for the applicant shall sign the application. If an

     

     

     

    applicant submits a letter, signed by the applicant and dated

    within 90 days of the date the application is submitted, autho- rizing a representative to submit applications for permits regarding the land to be included in the certificate, the autho- rized representative may sign the application on the applicant’s behalf.

    C.      Upon receiving an application for an assignment, the Director shall post the notice required by A.R.S. § 45-579(E).

    D.      Except as provided in subsection (E) of this Section, if the Director determines that the application meets the criteria of

    A.R.S. § 45-579(A), the Director shall issue a Type B certifi- cate to each applicant. A Type B certificate issued under this subsection shall retain the issue date, the number of lots, and the estimated water demand shown on the original certificate, except as provided  in subsection (F) of  this  Section. The Director shall determine that the application meets the criteria of A.R.S. § 45-579(A) if all of the following apply:

    1.        The application is submitted within the time allowed by

    A.R.S. § 45-579(A);

    2.        The assignee is the owner or potential purchaser of the portion of the subdivision that is the subject of the assign- ment;

    3.        There have been no material changes to the plat for which the original certificate was issued, according to the crite- ria in R12-15-708;

    4.        The applicant demonstrates the financial capability to construct adequate delivery, storage, and treatment works for the subdivision according to the criteria in R12-15- 720;

    5.        All necessary water rights, permits, licenses, contracts, and easements have been or will be assigned to the assignee of the certificate;

    6.        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;

    7.        Neither the applicant nor a predecessor in interest has impaired the manner in which consistency with manage- ment goal requirements were satisfied when the original certificate was issued; and

    8.        The proposed municipal provider has agreed to serve the subdivision after the assignment.

    E.       The applicant may include in the application a request to clas- sify the certificate as a Type A certificate. If the Director deter- mines that the request meets the requirements of R12-15- 704(H)(1), the Director shall classify the certificate as a Type A certificate.

    F.       In the case of a partial assignment, the Director shall deter- mine whether changes to the plat are material according to R12-15-708. The Director shall issue a Type B certificate to the assignee for the portion of the subdivision that is the sub- ject of the assignment and for the number of lots and the esti- mated water demand of the current plat of the portion of the subdivision that is the subject of the assignment. The Director shall issue a Type B certificate to the certificate holder for the portion of the subdivision retained by the certificate holder and for the remainder of the number of lots and the remainder of the estimated water demand. The sum of the number of lots and the sum of the amount of the estimated water demand shown on each certificate shall equal the total number of lots and the total estimated water demand shown on the certificate that is being assigned.

    G.      The Director shall review an application for an assignment of a Type B certificate pursuant to the licensing time-frame provi- sions in R12-15-401.

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).