Section R12-15-712. Analysis of Adequate Water Supply

A.      A person proposing to develop land outside an AMA that will not be served by a designated provider may apply for an analy- sis of adequate water supply before applying for a  water report. An applicant for an analysis must be the owner of the land that is the subject of the application or have the written consent of the owner. The commissioner of the Arizona State Land Department may apply for an analysis for land owned by the state of Arizona outside an AMA or may consent to the inclusion of such land in an application.

B.       An applicant for an analysis shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and attach the following:

1.        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 Director, demonstrat-

ing the ownership of the land that is the subject of the application;

2.        A description of the development, including:

a.         A map of the land uses included in the development,

b.        A list of water supplies proposed to be used by the development,

c.         A summary of land use types included in the devel- opment, and

d.        An estimate of the water demand for the land uses included in the development; and

3.        Evidence that the applicant has complied with subsection

(E) of this Section.

C.      An applicant shall sign the application for an analysis. If an applicant is not a natural person, the applicant’s authorized officer, managing member, partner, trust officer, trustee, or other person who performs similar decision-making functions for the applicant shall sign the application. If the applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a rep- resentative to submit applications for permits regarding the land that is the subject of the water report, the authorized rep- resentative may sign the application on the applicant’s behalf.

D.      After a complete application is submitted, the Director shall determine the estimated water demand of the development.

E.       The Director shall issue an analysis if an applicant demon- strates one or more of the following:

1.        Sufficient supplies of water are physically available to meet all or part of the estimated water demand of the development for 100 years, according to the criteria in R12-15-716;

2.        Sufficient supplies of water are continuously available to meet the estimated water demand of the development for 100 years, according to the criteria in R12-15-717;

3.        Sufficient supplies of water are legally available to meet the estimated water demand of the development for 100 years, 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.

F.       For 10 years after the Director issues an analysis, or a longer period allowed under subsections (H) or (I) of this Section:

1.        If groundwater is a source of supply in the analysis and the applicant demonstrates that groundwater is physically available under subsection (E)(1), the Director shall con- sider that supply of groundwater reserved for the use of the proposed development in subsequent determinations of physical availability pursuant to R12-15-716(B).

2.        If an analysis holder applies for a water report for a subdi- vision located on land included in the analysis, the Direc- tor shall presume that a criterion demonstrated in the analysis remains satisfied with respect to the subdivision, unless the Director has received new evidence demon- strating that the criterion is not satisfied. If the Director issues the water report, the Director shall reduce the vol- ume of groundwater reserved pursuant to subsection (F)(1) of this Section by the amount of the estimated water demand for the water report that will be met with groundwater.

G.      The Director shall reduce the amount of water considered reserved for use of the development upon request by the analy- sis holder. If the analysis holder requesting a reduction is not the person to whom the analysis was issued, the Director shall reduce the amount of reserved groundwater only if the person to whom the analysis was issued or that person’s designee con- sents to the request for reduction. The person to whom the analysis was issued shall notify the Director in writing of the person’s designee for purposes of this subsection.

H.      The analysis holder may apply to the Director for a five-year extension of the time period in subsection (F) of this Section by submitting an application on a form prescribed by the Director no earlier than 36 months before the end of the time period and no later than 30 days before the end of the time period. If an extension is granted, the analysis holder may apply to the Director for an additional five-year extension by submitting an application on a form prescribed by the Director no earlier than 36 months before the end of the extended time period and no later than 30 days before the end of the extended time period. The Director shall extend the time period for no more than two successive five-year periods under this subsec- tion if the analysis holder demonstrates one of the following:

1.        The analysis holder has made a substantial capital invest- ment in developing the land included in the analysis.

2.        The analysis holder has made material progress in devel- oping the land included in the analysis.

3.        Progress in developing the land included in the analysis has been delayed for reasons outside the control of the analysis holder.

I.        After the Director grants two five-year extensions pursuant to subsection (H) of this Section, the Director may extend the time period for additional five-year periods if the analysis holder files a timely application pursuant to subsection (H) of this Section and demonstrates one of the criteria in subsections (H)(1), (2), or (3) of this Section.

J.        The Director shall review an application for an analysis or an application for an extension pursuant to subsections (H) or (I) of this Section pursuant to the licensing time-frame provisions 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).