Section R12-15-711. Designation of Assured Water Supply; Annual Report Requirements, Review, Modification, Revocation

A.      A designated provider shall include in the annual report required by A.R.S. § 45-632 the following information for the preceding calendar year:

1.        The designated provider’s committed demand;

2.        The demand at build-out for customers with which the designated provider has entered into an agreement to serve water, other than committed demand;

3.        A report regarding the designated provider’s compliance with water quality requirements;

4.        The depth-to-static water level of all wells from which the designated provider withdrew water; and

5.        Any other information the Director may reasonably require to determine whether the designated provider continues to meet the criteria for a designation of assured water supply.

B.       If there is a change of ownership, the subsequent owner of a designated provider shall notify the Director in writing of the change in ownership within 90 days.

C.      The Director shall review a designation at least every 15 years following issuance of the designation to determine whether the designation   should  be  modified  or  revoked.  To  determine

whether the designation should be modified or revoked, the Director shall use the standards in place at the time of review.

D.      The Director may modify a designation for good cause, including a merger, division of the designated provider, or a change in ownership of the designated provider.

E.       A designated provider may request a modification of the des- ignation at any time pursuant to R12-15-710.

F.       The Director may revoke a designation if:

1.        After notifying the designated provider and initiating a review of the designated provider’s status, the Director determines that the designated provider has less water, according to the criteria in R12-15-710(E), than the amount required for a 100-year supply for the provider’s:

a.         Current demand,

b.        Committed demand, and

c.         Projected demand during the next two calendar years;

2.        The designated provider fails to construct adequate deliv- ery, storage, and treatment works in a timely manner;

3.        ADEQ or another governmental entity with equivalent jurisdiction has determined, after notice and an opportu- nity for a hearing, that the designated provider is in sig- nificant noncompliance with A.A.C. Title 18, Chapter 4 and is not taking action to resolve the noncompliance; or

4.      The designated provider has violated its  management plan requirements for two or more consecutive calendar years, and one of the following applies:

a.         The provider fails to amend its water use plan in a manner that the Director determines will achieve compliance, or

b.        The provider fails to sign a stipulated agreement to remedy the violation.

G.      If the Director determines that a designation of assured water supply should be revoked, the Director shall provide for an administrative hearing, in accordance with A.R.S. Title 41, Chapter 6, Article 10.

H.      If a designated provider’s designated status terminates, the provider may apply for re-designation at anytime after termi- nation.

I.        Notwithstanding any other provision in this Article, a decision and order of the Director designating a city, town, or private water company as having an assured water supply is not affected by this Article solely because the rule numbers cited in the decision and order may have changed after the effective date of the decision and order.

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).