Section R12-15-725.01. Pinal AMA – Extinguishment Credits Calcu- lation

The Director shall calculate the extinguishment credits for the extinguishment of a grandfathered right in the Pinal AMA as fol- lows:

1.        For the extinguishment of a type 2 non-irrigation grandfa- thered right, multiply the number of acre-feet indicated on the certificate by the applicable allocation factor as determined under subsection (A)(3) or (A)(4) of this Sec- tion.

2.        For the extinguishment of all or part of an irrigation grandfathered right, or all or part of a type 1 non-irriga- tion grandfathered right, an amount calculated by multi- plying 1.5 acre-feet by the number of irrigation acres associated with the extinguished irrigation grandfathered right or the number of acres to which the extinguished type 1 non-irrigation grandfathered right is appurtenant, and then multiply that product by the applicable alloca- tion factor as determined under subsection (A)(3) or (A)(4) of this Section, except that:

a.         If only a portion of an irrigation grandfathered right or a type 1 non-irrigation grandfathered right is extinguished, the Director shall include in the calcu- lation only those acres associated with the portion of the right that is extinguished; and

b.        If an extinguished irrigation grandfathered right has a debit balance in the corresponding flexibility account established under A.R.S. § 45-467, the Director shall subtract the amount of the debit from the amount of the extinguishment credits.

3.       

Year	Allocation Factor
2010	100

  

 

Except as provided in subsection (A)(4) of this Section, in calculating the extinguishment credits for the extin- guishment of a grandfathered right under subsection (A)(1) or (A)(2) of this Section, the Director shall use the allocation factor associated with the year in which the grandfathered right is extinguished, as shown in the table below.

2011	100
2012	100
2013	100
2014	100
2015	100
2016	100
2017	100
2018	100
2019	94
2020	88
2021	82
2022	76
2023	74
2024	72
2025	70
2026	68
2027	66
2028	64
2029	62
2030	60
2031	58
2032	56
2033	54
2034	52
2035	50
2036	48
2037	46
2038	44
2039	42
2040	40
2041	38
2042	36
2043	34
2044	32
2045	30
2046	28
2047	26
2048	24
2049	22
2050	20
2051	18
2052	16
2053	14
2054	12
2055	10
2056	8
2057	6
2058	4
2059	2
After 2059	0

4.        If, before January 1, 2060, there is a moratorium on add- ing new member lands and member service areas in the Pinal AMA pursuant to A.R.S. § 45-576.06(A), in calcu- lating the extinguishment credits for the extinguishment of a grandfathered right under subsection (A)(1) or (A)(2) of this Section, the Director shall use an allocation factor determined as follows:

a.         If the grandfathered right is extinguished while the moratorium is in effect, the Director shall use the allocation factor associated with the year in which the moratorium first became effective, as shown in the table in subsection (A)(3) of this Section.

b.        If the grandfathered right is extinguished when the moratorium is no longer in effect, the Director shall use the allocation factor associated with the year determined pursuant to this subsection, as shown in the table in subsection (A)(3) of this Section. The Director shall determine the year as follows:

i.         Subtract the year in which the moratorium first became effective from the year in which the moratorium ended.

ii.        Subtract the difference in subsection (A)(4)(b)(i) of this Section from the year in which the grandfathered right was extin- guished.

Historical Note

New Section made by final rulemaking at 19 A.A.R. 4174, effective December 3, 2013; with automatic repeal

date of September 15, 2014 (Supp. 13-4). Section amended with automatic repeal, removed by final rulemaking at 20 A.A.R. 2673; effective September 12,

2014 (Supp. 14-3).