Section R12-15-710. Designation of Assured Water Supply

A.      A municipal provider applying for a designation of assured water supply shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and provide the following:

1.        The applicant’s current demand;

2.        The applicant’s committed demand;

3.        The applicant’s projected demand for the proposed term of the designation;

4.        The proposed term of the designation, which shall not be less than two years;

5.        Evidence that the criteria in subsection (E) of this Section are met; and

6.        Any other information that the Director determines is necessary to decide whether an assured water supply exists for the municipal provider.

B.       An application for a designation shall be signed by:

1.        If the applicant is a city or town, the city or town manager or a person employed in an equivalent position. The application shall also include a resolution of the govern- ing body of the city or town, authorizing that person to sign the application; or

2.        If the applicant is a private water company, the appli- cant’s authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant.

C.      The Director shall give public notice of an application for des- ignation in the same manner as provided for certificates in

A.R.S. § 45-578.

D.      After a complete application is submitted, the Director shall review the application and associated evidence to determine:

1.        The annual volume of water physically, continuously, and legally available for at least 100 years;

2.        The term of the designation, which shall not be less than two years;

3.        The applicant’s estimated water demand;

4.        The applicant’s groundwater allowance; and

5.        Whether the applicant has demonstrated compliance with all requirements in subsection (E) of this Section.

E.       The Director shall designate the applicant as having an assured water supply if the applicant demonstrates all of the following:

1.        Sufficient supplies of water are physically available to meet the applicant’s estimated water demand, according to the criteria in R12-15-716;

2.        Sufficient supplies of water are continuously available to meet the applicant’s estimated water demand, according to the criteria in R12-15-717;

3.        Sufficient supplies of water are legally available to meet the applicant’s estimated water demand, according to the criteria in R12-15-718;

4.        The proposed sources of water are of adequate quality, according to the criteria in R12-15-719;

5.        The applicant has the financial capability to construct adequate delivery, storage, and treatment works in a timely manner according to the criteria in R12-15-720;

6.        Any proposed groundwater use is consistent with the management plan in effect at the time of the application, according to the criteria in R12-15-721; and

7.        Any proposed use of groundwater withdrawn within an AMA is consistent with the management goal, according to the criteria in R12-15-722.

F.       The Director shall review an application for a designation of assured water supply pursuant to the licensing time-frame pro- visions 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).