Section R12-15-708. Material Plat Change; Application for Review

A.      A certificate or a water report is applicable to the original plat for which the certificate or water report was issued and to a revised plat, unless the plat changes are material according to subsections (C) and (D) of this Section.

B.       If a plat is revised after the Director issues a certificate or a water report and the changes to the plat are material according to subsection (C) or (D) of this Section, the holder may:

1.        Apply for a new certificate or water report for the revised plat,

2.        Use the original plat for which the certificate or water report was issued, or

3.        Revise the plat so that  any changes are not material according to subsections (C) and (D) of this Section.

C.      Changes to the plat for which a certificate or a water report has been issued are material if any of the following apply:

1.        The number of lots on the plat has increased by more than:

a.         For subdivisions of six to 10 lots: one lot;

b.        For subdivisions of 11 to 499 lots: 10%, rounding up to the nearest whole number; or

c.         For subdivisions of 500 lots or more: 50 lots.

2.        The 100-year water demand for the revised plat exceeds the estimated water demand for the certificate, unless all of the following apply:

a.         The 100-year water demand for the revised plat does not exceed the estimated water demand for the cer- tificate by more than 10%, rounding to the nearest whole acre-foot, or by more than 25 acre-feet per year, whichever is less;

b.        The 100-year water demand is not greater than the supply demonstrated to be physically, continuously, and legally available at the time of issuance of the certificate or water report, and that water supply remains physically, continuously, and legally avail- able; and

c.         For a certificate, one of the following applies:

i.         The subdivision is enrolled as a member land in the CAGRD;

ii.        Groundwater is not included as a source of sup- ply; or

iii.      The subdivision is located in the Pinal AMA and the 100-year water demand for the revised plat will not exceed the sum of the amount of the groundwater allowance and the amount of any extinguishment credits pledged to the cer- tificate, including extinguishment credits pledged after the certificate was issued.

3.        For a certificate, additional land is included in the plat, unless all of the following apply:

a.         The land included in the original plat for which the certificate was issued is located in a master-planned community;

b.        The outer boundaries of the master-planned commu- nity have not expanded;

c.         If the land included in the original plat for which the certificate was issued is enrolled as a member land in the CAGRD, the additional land has also been enrolled in the CAGRD; and

d.        A certificate has been issued for the additional land.

D.      Changes to a portion of a plat are not material if one of the fol- lowing applies:

1.        The changes to the portion of the plat being reviewed are not material according to subsection (C) of this Section when compared to the equivalent portion of the plat for which the certificate was issued;

2.        The changes to the entire revised plat are not material according to subsection (C) of this Section when com- pared to the entire plat for which the certificate was issued; or

3.        For a partial assignment pursuant to R12-15-705 or R12- 15-706, the plat for the portion of the subdivision retained by the certificate holder could be configured so that changes to the total number of lots and the estimated water demand for the entire subdivision, including the portion under consideration, are not material according to subsection (C) of this Section. For purposes of this sub- section, the Director may require the applicant to submit evidence demonstrating whether changes to the plat are material. However, the Director shall not require the applicant to submit a plat for the retained portion of a subdivision, unless the materiality of changes to the plat cannot be determined with any other evidence.

E.       A person may apply for a review of a revised plat to determine whether any changes to the plat are material as follows:

1.        The applicant shall submit an application on a form pre- scribed by the Director with the initial fee required by R12-15-103(C), and shall attach the revised plat.

2.        The Director shall review the revised plat and the plat for which the certificate or water report was originally issued

to determine whether any changes are material according to the criteria in subsections (C) and (D) of this Section.

3.        The Director shall issue a letter to the applicant stating whether any changes to the plat are material and identify- ing which changes, if any, are material. If the Director determines that the changes to the plat are not material, the Director’s letter shall state that the certificate or water report is applicable to the revised plat.

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).