Section R12-15-722. Consistency with Management Goal

A.      For the Phoenix, Prescott, or Tucson AMAs, the Director shall calculate the volume of groundwater that may be used consis- tent with the management goal of the AMA in which the pro- posed use is located for at least 100 years by adding the following:

1.        The amount of the groundwater allowance, according to R12-15-724(A), R12-15-726(A), or R12-15-727(A).

2.        The amount of any extinguishment credits pledged to the certificate or designation, according to R12-15-724(B), R12-15-726(B), or R12-15-727(B).

3.        Any groundwater that is consistent with the achievement of the management goal pursuant to A.R.S. Title 45, Chapter 2.

B.       The Director shall determine that a proposed groundwater use in the Phoenix, Prescott, or Tucson AMA is consistent with the

management goal of the AMA if the volume calculated in sub- section (A) of this Section is equal to or greater than the por- tion of the applicant’s estimated water demand to be met with groundwater.

C.      For a certificate in the Pinal AMA, the Director shall calculate the volume of groundwater that may be used consistent with the management goal of the AMA for at least 100 years by adding the following:

1.        The amount of the groundwater allowance, according to R12-15-725(A)(1).

2.        The amount of any extinguishment credits pledged to the certificate for a grandfathered right that was extinguished on or after October 1, 2007, according to R12-15-725(B).

3.        The amount of any extinguishment credits pledged to the certificate for a grandfathered right that was extinguished before October 1, 2007. The Director shall calculate the amount of the extinguishment credits by multiplying the annual amount of the credits by 100.

4.        Any groundwater that is consistent with the achievement of the  management  goal pursuant  to  A.R.S. Title  45, Chapter 2.

D.      For a certificate in the Pinal AMA, the Director shall deter- mine that the proposed groundwater use is consistent with the management goal of the AMA if the volume calculated in sub- section (C) of this Section is equal to or greater than the por- tion of the applicant’s estimated water demand to be met with groundwater.

E.       For a designation in the Pinal AMA, the Director shall calcu- late the volume of groundwater that may be used consistent with the management goal of the Pinal AMA on an annual basis by adding the following:

1.        The amount of the groundwater allowance, according to R12-15-725(A)(2). If any of the groundwater allowance is not used during a year, the unused groundwater allow- ance shall not be added to the volume calculated under this subsection for the following year.

2.        The amount of any extinguishment credits pledged to the designation for a grandfathered right that was extin- guished on or after October 1, 2007, according to R12- 15-725(B), divided by 100. Extinguishment credits for a grandfathered right that was extinguished on or after October 1, 2007 may be used in any year.

3.        The annual amount of any extinguishment  credits pledged to the designation for a grandfathered right that was extinguished before October 1, 2007. The following shall apply if any of the extinguishment credits are not used during a calendar year:

a.         If the extinguishment credits were pledged to the designation before October 1, 2007, any extinguish- ment credits not used during a calendar year shall be added to the volume calculated under this subsection for the following calendar year.

b.        If the extinguishment credits are pledged to the des- ignation on or after October 1, 2007, any of the extinguishment credits not used during a calendar year shall not be added to the volume calculated under this subsection for the following calendar year, except that if the extinguishment credits were originally pledged to a certificate before October 1, 2007 and are used to support the municipal pro- vider’s designation pursuant to R12-15-723(G)(2), any of the extinguishment credits not used during a calendar year shall be added to the volume calcu- lated under this subsection for the following calen- dar year.

4.        Any groundwater that is consistent with the achievement of the management goal pursuant to A.R.S. Title 45, Chapter 2.

F.       For a designation in the Pinal AMA, the Director shall deter- mine that the proposed groundwater use is consistent with the management goal of the Pinal AMA if the annual volume cal- culated in subsection (E) of this Section is equal to or greater than the portion of the applicant’s annual estimated water demand to be met with groundwater.

G.      Upon application, the following volumes of groundwater used by an applicant are considered consistent with the manage- ment goal:

1.        If the Director determines that a surface water supply is physically available under R12-15-716 and the volume of the supply actually available during a calendar year is equal to or less than the drought volume for the supply, the volume of groundwater, other than the groundwater that is accounted for under subsection (A), (C), or (E) of this Section, withdrawn within the AMA that, when com- bined with the available surface water supply, is equal to or less than the drought volume.

2.        Any volume of groundwater withdrawn within a portion of an AMA that is exempt from conservation require- ments under A.R.S. Title 45 due to waterlogging. The Director shall review the application of this exclusion on a periodic basis, not to exceed 15 years.

3.        Remedial groundwater that is consistent with the man- agement goal according to the requirements of R12-15- 729.

H.      An applicant for a certificate of assured water supply for a dry lot subdivision of 20 lots or fewer is exempt from the require- ments of this Section.

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 final rulemaking at 13 A.A.R. 1394, effec-

tive October 1, 2007 (Supp. 07-2).