Section R12-15-713. Water Report

A.      An application for a water report shall be filed by the current owner of the land that is the subject of the application.

B.       An applicant for a water report 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.        A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is filed and demonstrating that the appli- cant is the owner of the land that is the subject of the application;

2.        A plat of the subdivision;

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

4.        A list of all proposed sources of water that will be used by the subdivision;

5.        If the applicant is seeking a finding that the subdivision has an adequate water supply, evidence that the criteria in subsection (E) of this Section are met; and

6.        Any other information that the Director reasonably deter- mines is necessary to decide whether an adequate water supply exists for the subdivision.

C.      Each applicant shall sign the application for a water report. 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 an applicant sub- mits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a represen- tative to submit applications for permits regarding the land to be included in the water report, the authorized representative may sign the application on the applicant’s behalf.

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

1.        The estimated water demand of the subdivision,

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

E.       The Director shall determine that the subdivision has an ade- quate water supply if the applicant demonstrates all of the fol- lowing:

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

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

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

4.        The proposed sources of water will be of adequate qual- ity, according to the criteria in R12-15-719;

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

F.       The Director shall issue a water report to the applicant that states whether the applicant has complied with the require- ments in subsection (E) of this Section.

G.      The Director shall review an application for a water report pur- suant to the licensing time-frame provisions in R12-15-401.

H.      The Director may review or modify a water report if the Direc- tor receives new evidence regarding the criteria in subsection

(E) of this Section. The Director shall not modify a water report pursuant to this subsection if any of the residential lots included in the plat have been sold. To determine whether a water report should be modified pursuant to this subsection, the Director shall use the standards in place at the time the original application was submitted for the water report. If the Director modifies a water report, the Director shall:

1.        Provide for an administrative hearing pursuant to A.R.S. Title 41, Chapter 6, Article 10; and

2.        Notify the Arizona Department of Real Estate.

I.        An owner of land that is the subject of a water report may request a modification of the water report at any time by sub- mitting an application in accordance with subsection (B) of this Section. To determine whether a water report should be modified pursuant to this Section, the Director shall use the standards in place at the time of review.

J.        A water report is subject to the provisions of R12-15-708.

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).