Section R12-15-717. Continuous Availability

	recovered pursuant to the credits in a manner consistent	A.	The Director shall determine that an applicant will have suffi-
	with A.R.S. Title 45, Chapter 3.1, subject to subsection		cient supplies of water that will be continuously available for
	(I)(3) of this Section.		100 years if the applicant submits sufficient evidence that ade-
2.	If the applicant proposes to use long-term storage credits		quate delivery, storage, and treatment works will be in place in
	that do not exist on the date of application or recover		a timely manner to make the water available to the applicant or
	stored water on an annual basis pursuant to A.R.S. § 45-		the  applicant’s   customers  for  100  years  and  the  applicant
	851.01, the Director shall evaluate the following in deter-		meets any applicable requirements in subsections (B) through
	mining whether to include the proposed credits or the		(G) of this Section.
	water proposed to be stored and recovered annually in the	B.	If the proposed source of water is groundwater, the applicant
	amount of water that is physically available for the appli-		shall demonstrate that wells of a sufficient capacity will be
	cant’s proposed use:		constructed in a timely manner to serve the proposed uses on a
	a.      The terms of a contract to obtain water to store in a		continuous basis for 100 years.
	storage facility;	C.	If the proposed source of water is surface water other than
	b.     The physical, continuous, and legal availability of		CAP  water  or  Colorado   River  water,  the   applicant  shall
	the water proposed to be stored;		demonstrate that a continuous supply will exist because of one
	c.      The presence of an existing storage facility that will		or more of the following:
	be available for use for the proposed storage;		1.     The projected volume to be diverted from the source is
	d.     The existence of all required permits of an adequate		perennial at the point of diversion;
	duration; and		2.     Adequate storage facilities will be available to the appli-
	e.      Whether recovery of the stored water will comply		cant in a timely manner to store water for use when a vol-
	with subsection (I)(3) of this Section.		ume of surface water is not available at the point of
3.	If the applicant proposes to recover the stored water from		diversion to satisfy the applicant’s water demands;
	recovery wells located outside the area of impact of stor-		3.     The applicant has presented evidence of supplies of other
	age, the stored water will be considered physically avail-		sources of water that the Director has determined will be
	able only if sufficient water exists for the withdrawals		physically, continuously, and legally available to supple-
	consistent with both of the following:		ment the applicant’s proposed surface water supplies;
	a.      The maximum 100-year depth-to-static water level		4.     The applicant or the proposed municipal provider will
	requirements established in subsection (B)(2) of this		withdraw surface water from wells of sufficient capacity
	Section; and

to meet the applicant’s estimated water demand on a con- tinuous basis for 100 years; or

5. The applicant has submitted a drought response plan that the Director has determined will conserve or augment a volume of water equal to the volume of water that is sub- ject to drought.

D.      If the proposed source of water is CAP water or Colorado River water, the applicant shall demonstrate that a continuous supply is available because of one or more of the following:

1.        Adequate storage facilities will be available to the appli- cant in a timely manner to store water when a volume of CAP water or Colorado River water is not available to meet the applicant’s water demands;

2.        The applicant has presented evidence of supplies of other sources of water that the Director has determined will be physically, continuously, and legally available to the applicant to supplement the proposed CAP water or Colo- rado River water supplies; or

3.        The applicant has submitted a drought response plan that the Director has determined will conserve or augment a volume of water equal to the volume subject to drought.

E.       If the proposed source of water is effluent, the applicant shall demonstrate that the capability to use the effluent to meet the demands of the proposed use will not be affected by any fluc- tuations in the supply of the effluent.

F.       If the proposed source of water is stored water to be recovered from recovery wells, the applicant shall demonstrate that recovery wells of a sufficient capacity will be constructed in a timely manner to serve the proposed use on a continuous basis for 100 years.

G.      If an applicant will obtain the source of water through a water exchange agreement, the applicant shall demonstrate that the source of water the applicant or the applicant’s customers will use will be continuously  available in  accordance with  the terms of this Section.

Historical Note

Adopted effective February 7, 1995 (Supp. 95-1).

Amended by emergency rulemaking at 11 A.A.R. 2706, effective June 29, 2005 for 180 days (Supp. 05-2). Emer- gency renewed for 180 days at 12 A.A.R. 144, effective December 23, 2005 (Supp. 05-4). Emergency expired.

Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp.

06-3).