Section R12-15-726. Prescott AMA Calculation of Groundwater Allowance and Extinguishment Credits

A.      The Director shall calculate the groundwater allowance for a certificate or designation in the Prescott AMA as follows:

1.        If the application is for a certificate of assured water sup- ply, the Director shall:

a.         Subtract the year of application from 2025,

b.        Multiply the number determined in subsection (A)(1)(a) by the applicant’s annual estimated water demand, and

c.         Divide that product by two. The minimum volume that may be calculated in this subsection is zero acre-feet.

2.        If the application is for a designation of assured water supply:

a.         Except as provided in subsections (A)(3) and (A)(5), if the applicant was in existence as of January 12, 1999, and the application is filed before calendar year 2026, the Director shall:

i.         Multiply by 100 the largest volume of ground- water determined by the Director to have been withdrawn by  the applicant  from within the Prescott AMA for use within the applicant’s service area in any calendar year from 1995 through 1998, consistent with the municipal conservation requirements applicable under the second management plan for the Prescott active management area;

ii.        Determine the volume of the applicant’s total water demand, from any source, for 1999, con- sistent with the municipal conservation require- ments established for the applicant in the management plan in effect on the date of appli- cation;

iii.      Determine the volume of the applicant’s total water demand, from any source, for 2014, con- sistent with the municipal conservation require- ments  established  for   the  applicant  in   the

management plan in effect on the date of appli- cation;

iv.       Subtract the volume calculated in subsection (A)(2)(a)(ii) from the volume calculated in sub- section (A)(2)(a)(iii) and then multiply the dif- ference by 26;

v.        Divide the product obtained in subsection (A)(2)(a)(iv) by two;

vi.       If any residential groundwater uses, including residential groundwater uses served by an exempt well, in existence on August 21, 1998, have been replaced by permanent water service from the applicant after August 21, 1998, mul- tiply one-half acre-foot of groundwater by the number of housing units receiving the service and then multiply that product by 100;

vii.     Determine the volume of groundwater with- drawn by the applicant from within the Prescott active management area during the period beginning January 1, 1999, and ending Decem- ber 31 of the calendar year before the date of the application;

viii.    Multiply the volume of groundwater withdrawn by the applicant from within the Prescott active management area in 1999 by the number of cal- endar years in the period beginning with 1999 and ending with the calendar year before the date of application;

ix.       Subtract from the volume calculated in subsec- tion (A)(2)(a)(vii) the volume calculated in subsection (A)(2)(a)(viii). The volume calcu- lated in this subsection shall not be less than zero; and

x.        Add the volumes calculated in subsections (A)(2)(a)(i), (A)(2)(a)(v), and (A)(2)(a)(vi), and then subtract from the sum the volume cal- culated in subsection (A)(2)(a)(ix).

b.        If the applicant did not exist as of January 12, 1999, or the date of application occurs after calendar year 2025, the groundwater allowance is zero acre-feet, except that if any residential groundwater uses, including residential groundwater uses served by an exempt well, in existence on August 21, 1998, have been replaced by permanent water service from the applicant after August 21, 1998, the groundwater allowance is a volume of groundwater computed by multiplying one-half acre-foot of groundwater by the number of housing units receiving the service and multiplying that product by 100.

3.        For the purpose of determining the groundwater allow- ance under subsection (A)(2)(a), at the request of the applicant, the Director shall replace the volume of groundwater calculated in subsection (A)(2)(a)(ii) through (v) with the amount of groundwater necessary for the applicant to serve the residential lots described in sub- section (A)(4):

a.         To compute this amount of groundwater, the Direc- tor shall:

i.         Determine the average dwelling occupancy within the applicant’s service area and multiply that average occupancy by an amount of groundwater, calculated by multiplying 150 gallons per capita per day by 365 days; and

ii.        Multiply the product in subsection (A)(3)(a)(i) by the number of residential lots described in

	subsection (A)(4), and then multiply that prod-		d.     Multiply the volume of groundwater calculated in
	uct by 100.		subsection (A)(5)(b) by the number of residential
	b.     The Director shall not include the amount computed		lots in subsection (A)(5)(c); and
	in subsection (A)(3)(a) within the amount of ground-		e.      Add the volumes of groundwater from subsections
	water that the applicant may use under subsection		(A)(5)(a) and (A)(5)(d).
	(A)(2)(a)  until  a   final  plat  for  the  lots  has  been	B.	The Director shall calculate the extinguishment credits for
	recorded.		extinguishing a grandfathered right in the Prescott AMA as
4.	The Director shall include residential lots that will be		follows:
	served by the applicant in the calculation made under		1.     For the extinguishment of a type 2 non-irrigation grandfa-
	subsection (A)(3) if the lots meet all of the following cri-		thered right, multiply the number of acre-feet indicated
	teria:		on the certificate by the difference between 2025 and the
	a.      A preliminary plat for the lots was submitted to the		calendar year of extinguishment.
	city, town, or county on or before August 21, 1998,		2.     For  the  extinguishment   of an  irrigation  grandfathered
	and the final plat is subsequently recorded;		right or a type 1 non-irrigation grandfathered right:
	b.     The lots were not being served water on or before		a.      Through December 31, 2010:
	August 21, 1998; and		i.      If the irrigation acres associated with the extin-
	c.      Any one of the following applies:		guished right were irrigated for at least four of
	i.      The lots were included within an application		the  six  calendar  years  preceding   January  1,
	for certificate of assured water supply that was		2000, multiply 1.5 acre-feet per acre by the
	filed  before  August  21,  1998,  the   Director		number of irrigation acres associated with the
	determined that the application was complete		extinguished right or the number of acres to
	and  correct  as  of  August  21,  1998, and   the		which the extinguished right is appurtenant and
	Director  subsequently   issued  a  certificate   of		multiply that product by 25.
	assured water supply for the lots.		ii.     If the irrigation acres associated with the extin-
	ii.     A preliminary plat for the lots was approved by		guished right were not irrigated for at least four
	a city, town, or county on or before August 21,		of the six calendar years preceding January 1,
	1998.  At  the  time   the  preliminary  plat   was		2000, multiply 1.5 acre-feet per acre by the
	approved, the subdivider of the lots obtained a		number of irrigation acres associated with the
	written commitment of water service from a		extinguished right or the number of acres to
	municipal provider that was designated as hav-		which the extinguished right is appurtenant and
	ing an assured water supply and the provider		multiply the product by the difference between
	demonstrated to the satisfaction of the Director		2025 and the year in which the statement of
	that sufficient water is physically available to		intent to extinguish is filed.
	serve the lots under the criteria in R12-15-716.		b.     After December 31, 2010, multiply 1.5 acre-feet per
5.	For the purpose of determining the groundwater allow-		acre by the number of irrigation acres associated
	ance under subsection (A)(2)(a), if the applicant makes		with the extinguished right or the number of acres to
	the request described in subsection (A)(3), the Director		which the extinguished right is appurtenant and mul-
	shall replace the volume of groundwater calculated in		tiply the product by the difference between 2025 and
	subsection (A)(2)(a)(viii) with an amount of groundwater		the year in which the statement of intent to extin-
	calculated as follows. The Director shall:		guish is filed.

a.         Determine the number of calendar years in the period beginning with 1999 and ending with the cal- endar year before the date of application and multi- ply that number of years by the largest volume of groundwater determined by the Director to have been withdrawn by the applicant from within the Prescott active management area for use within the applicant’s service area in any calendar year from 1995 through 1998, consistent with the municipal conservation requirements applicable under the sec- ond management plan for the Prescott active man- agement area;

b.        Determine the average dwelling occupancy within the applicant’s service area and multiply that aver- age dwelling occupancy by an amount of groundwa- ter calculated by multiplying 150 gallons per capita per day by 365 days;

c.         For each year in the period beginning with 1999 and ending with the calendar year before the date of application, determine the number of the residential lots that meet the criteria in subsection (A)(4) and were served water by the applicant as of July 1 of the relevant year and add the number of these residential lots determined for each year;

Historical Note

New Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).