Section R12-15-714. Designation of Adequate Water Supply

A.      A municipal provider applying for a designation of adequate water supply shall submit an application on a form prescribed

by the Director with the initial fee required by R12-15-103(C), and 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 adequate water supply exists for the municipal provider.

B.       A city or town, other than a municipal provider, that is apply- ing for a designation shall submit an application on a form pre- scribed by the Director with the initial fee required in R12-15- 103(C), and provide the following:

1.        The current demand of the applicant’s service area;

2.        The committed demand of the applicant’s service area;

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

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

5.        Evidence that the requirements in A.R.S. § 45-108(D) are met.

C.      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.

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

1.        The annual volume of water that is physically, continu- ously, and legally available for at least 100 years;

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

3.        The estimated water demand for the applicant’s service area for 100 years; and

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

E.       The Director shall designate the applicant has having an ade- quate water supply pursuant to subsection (A) of this Section 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; and

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.

F.       The Director shall issue a designation pursuant to subsection

(B)  of  this  Section  if  the  applicant   demonstrates  that  the requirements of A.R.S. § 45-108(D) are met.

G.      The Director shall review an application for a designation of adequate water supply 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).