Section R12-15-716. Physical Availability

A.      The volume of a proposed source of water that is physically available to an applicant for a determination of assured water supply or a determination of adequate water supply is the amount determined by the Director to be physically available pursuant to subsections (B) through (L) of this Section.

B.       If the proposed source is groundwater, the applicant shall sub- mit a hydrologic study, using a method of analysis approved by the Director, that accurately describes the hydrology of the affected area. Except as provided in subsection (D) of this Sec- tion, the Director shall determine that the proposed volume of groundwater will be physically available for the proposed use if both of the following apply:

1.        The groundwater will be withdrawn as follows:

a.         Except as provided in subsection (B)(1)(b) of this Section, from wells owned by the applicant or the proposed municipal provider that are located within the service area of the applicant or the proposed municipal provider or from proposed wells that the Director determines are likely to be constructed for future uses of the applicant or the proposed munici- pal provider.

b.        If the application is for a dry lot development, from wells that the Director determines are likely to be constructed on individual lots.

2.        Except as provided in subsection (C) of this Section, the groundwater will be withdrawn from depths that do not exceed the applicable maximum 100-year depth-to-static water level according to the following:

Type and location of development	Maximum 100-year depth-to-static water level
a. Developments in Phoenix, Tucson, or Prescott AMAs, except dry lot develop- ments	1000 feet below land surface
b. Developments in Pinal AMA, except dry lot developments	1100 feet below land surface
c. Developments outside AMAs, except dry lot developments	1200 feet below land surface
d. Dry lot developments	400 feet below land surface

3.        The Director shall calculate the projected 100-year depth- to-static water level by adding the following for the area where groundwater withdrawals are proposed to occur:

a.         The depth-to-static water level on the date of appli- cation.

b.        The projected declines caused by existing uses, using the projected decline in the 100-year depth-to- static water level during the 100-year period after the date of application, calculated using records of declines for the maximum period of time for which records are available up to 25 calendar years before the date of application. If evidence is provided to the Director of likely changes in pumpage patterns and aquifer conditions, as opposed to those patterns and conditions occurring historically, the Director may determine projected declines using a model rather than evidence of past declines.

c.         The projected decline in the depth-to-static water level during the 100-year period after the date of application, calculated by adding the projected decline from each of the following that are not accounted for in subsection (B)(3)(b) of this Section:

i.         The estimated water demand of issued certifi- cates and water reports that will be met with groundwater or stored water recovered outside the area of impact of the stored water, not including the demand of subdivided lots included in abandoned plats;

ii.        The estimated water demand of designations that will be met with groundwater or stored water recovered outside the area of impact of the stored water; and

iii.      The groundwater reserved for developments for which the Director has issued an analysis pur- suant to R12-15-703 or R12-15-712.

d.        The projected decline in depth-to-static water level that the Director projects will result from the appli- cant’s proposed use over a 100-year period.

C.      The Director shall lower the maximum 100-year depth-to- static water level requirement specified in subsection (B)(2) of this Section for an applicant seeking a determination of ade- quate water supply if the applicant demonstrates both of the following:

1.        Groundwater is available at the lower depth; and

2.        The applicant has the financial capability to obtain the groundwater at the lower depth, according to the criteria in R12-15-720.

D.      If the proposed source is groundwater that will be withdrawn from a groundwater basin outside an AMA and transported into an AMA, the Director shall determine that the proposed volume of groundwater will be physically available if both of the following apply:

1.        The groundwater will be withdrawn from wells owned by the applicant or the proposed municipal provider or from proposed wells that the Director determines are likely to be constructed for the future uses of the applicant or the proposed municipal provider.

2.        Withdrawal of the groundwater will comply with any depth-to-static water level criteria, decline rate criteria, and volume limitation criteria prescribed by statute. If there are no applicable depth-to-static water level criteria prescribed by statute, withdrawal of the  groundwater shall comply with the depth-to-static water level criteria in subsection (B)(2) of this Section.

E.       Subject to subsection (L) of this Section, if the  proposed source of water is surface water, other than CAP water, or Col- orado River water, the Director shall determine the annual vol- ume of water that is physically available for the proposed use, taking into consideration the priority date of the right or claim, by calculating 120% of the firm yield of the proposed source at the point of diversion as limited by the capacity of the diver-

sion works; except that if the applicant demonstrates that an alternative source of water will be physically available during times of shortage in the proposed surface water supply, the Director shall determine the annual volume of water available by calculating 100% of the median flow of the  proposed source at the point of diversion as limited by the capacity of the diversion works. The Director shall determine the firm yield or median flow as follows:

1.        By calculating the firm yield or median flow at the point of diversion based on at least 20 calendar years of flow records from the point of diversion, unless 20 calendar years of records are unavailable and the Director deter- mines that a shorter period of record provides information necessary to determine the firm yield or median flow; or

2.        By calculating the firm yield or median flow at the point of diversion using a hydrologic model that projects the firm yield or median flow, taking into account at least 20 calendar years of historic river flows, changes in reser- voir storage facilities, and projected changes in water demand. The yield available to any applicant may be composed of rights to stored water, direct diversion, or normal flow rights. If the permit for the water right was issued less than five years before the date of application, the Director shall require the applicant to submit evi- dence, as applicable, in accordance with this subsection.

F.       Subject to subsection (L) of this Section, if the  proposed source of water is CAP water, the Director shall determine the annual volume of water that is physically available for the pro- posed use as follows:

1.        If the applicant or the proposed municipal provider has a non-declining, long-term municipal and industrial sub- contract for CAP water, calculate 100% of the annual amount of water established in the subcontract.

2.        If the applicant has a lease for Indian priority CAP water, calculate 100% of the annual amount of water established in the lease.

3.        If the applicant has a subcontract for CAP water other than a non-declining, long-term municipal and industrial subcontract or a lease for Indian priority CAP water:

a.         If the applicant submits evidence of sufficient backup water supplies, calculate 100% of the annual amount of water established in the subcontract. The applicant may establish backup water supplies by one or more of the following:

i.         A drought response plan;

ii.        Long-term storage credits;

iii.      A contract for water with a multi-county water conservation district; or

iv.       Evidence  of  other  backup  supplies  that  are physically, continuously, and legally available.

b.        If the applicant does not submit evidence of suffi- cient backup water supplies pursuant to subsection (F)(3)(a) of this Section, calculate the percentage of the annual amount of water established in the sub- contract that reasonably reflects the reliability of the applicant’s CAP water supply.

G.      Subject to subsection (L) of this Section, if the  proposed source of water is Colorado River water, the Director shall determine the annual volume of water that is physically avail- able for the proposed use as follows:

1.        If the priority of the contract for Colorado River water provides reliability equal to or better than CAP municipal and industrial water, calculate 100% of the annual amount of water established in the contract.

2.        If the contract for Colorado River water provides reliabil- ity that is less than CAP municipal and industrial water:

a.         If the applicant submits evidence of sufficient backup water supplies, calculate 100% of the annual amount of water in the contract. The applicant may establish backup water supplies by one or more of the following:

i.         A drought response plan;

ii.        Long-term storage credits;

iii.      A contract for water with a multi-county water conservation district; or

iv.       Evidence  of  other  backup  supplies  that   are physically, continuously, and legally available.

b.        If the applicant does not submit evidence of suffi- cient backup water supplies pursuant to subsection (G)(2)(a) of this Section, calculate the percentage of the annual amount of water established in the con- tract that reasonably reflects the reliability of the applicant’s Colorado River water supply.

H.      Subject to subsection (I) of this Section, if the proposed source of water is effluent, the Director shall determine the annual volume of water that will be physically available by evaluating the current, metered production or the projected production of effluent. The volume of effluent that is physically available shall not include the following:

1.        If the effluent will be delivered directly from a wastewa- ter treatment plant, the volume of effluent that exceeds the applicant’s estimated water demand that will be met with effluent; and

2.        The volume of effluent that does not comply with any applicable water quality requirements for the proposed use of the effluent.

I.        If the proposed source of water is stored water to be recovered from recovery wells, the Director shall determine the volume of water that is physically available for the proposed use as follows:

1.        If the stored water is represented by long-term storage credits in existence on the date of application, the amount that is physically available is the amount that may be

b. Any criteria for the withdrawals prescribed in the management plan in effect at the time of the applica- tion.

J.        If the applicant will obtain the source of water through a water exchange agreement,  the Director  shall determine that  the water is physically available for the proposed use if the appli- cant submits evidence that the source of water the applicant or the applicant’s customers will use will be physically available in accordance with the terms of this Section.

K.      In the case of two or more pending, conflicting, complete and correct applications for determinations of assured water supply or determinations of adequate water supply, the Director shall give priority to the application with the earliest priority date. The priority date of an application for a determination of assured water supply or determination of adequate water sup- ply shall be the date that a complete and correct application is filed with the Director. The Director shall consider an applica- tion complete and correct if it contains all the information required and the Director verifies that the information is accu- rate.

L.       For a certificate applicant that proposes to use surface water, the Director shall determine that the proposed source is physi- cally available only if the applicant demonstrates one of the following:

1.        The land that is the subject of the application is a member land of the CAGRD.

2.        The applicant has independently obtained the surface water supply.

3.        The proposed municipal provider would satisfy the crite- ria in R12-15-722 if the municipal provider were subject to those requirements.

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).