Section R12-15-727. Tucson AMA Calculation of Groundwater Allow- ance and Extinguishment Credits

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

1.        If the application is for a certificate, multiply the applica- ble allocation factor in the table below by the annual esti- mated water demand for the proposed subdivision.

MANAGEMENT PERIOD	ALLOCATION FACTOR
Third	8
Fourth	4
Fifth	2
After Fifth	0

2.        If the application is for a designation and the applicant provided water to its customers before February 7, 1995, multiply 15 by the total volume of water provided by the applicant to its customers from any source during calen- dar year 1994, consistent with the municipal conservation requirements established for the applicant pursuant to

Section 5-103(A)(1) of the Second Management Plan for the Tucson AMA.

3.        If the application is for a designation and the applicant commenced providing water to its customers on or after February 7, 1995, the applicant’s groundwater allowance is zero acre-feet.

4.        For each calendar year of the designation, the Director shall calculate the volume of incidental recharge for a designated provider within the Tucson AMA and add that volume to the designated provider’s groundwater allow- ance. The Director shall calculate the volume of inciden- tal recharge by multiplying the provider’s total water use from any source in the previous calendar year by the stan- dard incidental recharge factor of 4%. A designated pro- vider may apply for a variance from the standard incidental recharge factor as provided in A.R.S. § 45- 566.01(E)(1). The Director may establish a different inci- dental recharge factor for the designated provider if the provider demonstrates to the satisfaction of the Director that the ratio of the average annual amount of incidental recharge expected to be attributable to the provider during the management period, to the average amount of water expected to be withdrawn, diverted, or received for delivery by the provider for use within its service area during the management period, is different than 4%.

B.       The Director shall calculate the extinguishment credits for the extinguishment of a grandfathered right in the Tucson AMA as follows:

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 difference between 2025 and the calendar year of extinguishment.

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, multiply 1.5 acre-feet per acre 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 the product by the difference between 2025 and the calendar year of extinguishment, 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.

Historical Note

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