Ariz. Admin. Code § 12-15-701

Current through Register Vol. 30, No. 36, September 6, 2024

Section R12-15-701 - Definitions - Assured and Adequate Water Supply Programs

In addition to any other definitions in A.R.S. Title 45 and the management plans in effect at the time of application, the following words and phrases in this Article shall have the following meanings, unless the context otherwise requires:

1. "Abandoned plat" means a plat for which a certificate or water report has been issued and that will not be developed because of one of the following:

a. The land has been developed for another use; or

b. Legal restrictions will preclude approval of the plat.

2. "ADEQ" means the Arizona Department of Environmental Quality.

3. "Adequate delivery, storage, and treatment works" means:

a. A water delivery system with sufficient capacity to deliver enough water to meet the needs of the proposed use;

b. Any necessary storage facilities with sufficient capacity to store enough water to meet the needs of the proposed use; and

c. Any necessary treatment facilities with sufficient capacity to treat enough water to meet the needs of the proposed use.

4. "Adequate storage facilities" means facilities that can store enough water to meet the needs of the proposed use.

5. "Affiliate" means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the person specified.

6. "AMA" means an active management area as defined in A.R.S. § 45-402.

7. "Analysis" means an analysis of assured water supply or an analysis of adequate water supply.

8. "Analysis holder" means a person to whom an analysis of assured water supply or an analysis of adequate water supply is issued and any current owner of land included in the analysis.

9. "Analysis of adequate water supply" means a determination issued by the Director stating that one or more criteria required for a water report pursuant to R12-15-713 have been demonstrated for a development.

10. "Analysis of assured water supply" means a determination issued by the Director stating that one or more criteria required for a certificate of assured water supply pursuant to R12-15-704 have been demonstrated for a development.

11. "Annual authorized volume" means, for an approved remedial action project, the annual authorized volume specified in a consent decree or other document approved by ADEQ or the EPA, except that:

a. If no annual authorized amount is specified in a consent decree or other document approved by ADEQ or the EPA, the annual authorized volume is the largest volume of groundwater withdrawn pursuant to the approved remedial action project in any year prior to January 1, 1999.

b. If the Director increases the annual authorized volume pursuant to R12-15-729(C), the annual authorized volume is the amount approved by the Director.

12. "Annual estimated water demand" means the estimated water demand divided by 100.

13. Approved remedial action project" means a remedial action project approved by ADEQ under A.R.S. Title 49, or by the EPA under CERCLA.

14. "Authorized remedial groundwater use" means, for any year, the amount of remedial groundwater withdrawn pursuant to an approved remedial action project and used by a municipal provider during the year, not to exceed the annual authorized volume of the project.

15. "Build-out" means a condition in which all water delivery mains are in place and active water service connections exist for all lots.

16. "CAP water" means:

a. All water from the Colorado River or from the Central Arizona Project works authorized in P.L. 90-537, excluding enlarged Roosevelt reservoir, which is made available pursuant to a subcontract with a multi-county water conservation district.

b. Any additional water not included in subsection 16(a) of this Section that is delivered by the United States Secretary of the Interior pursuant to an Indian water rights settlement through the Central Arizona Project.

17. "Central Arizona Groundwater Replenishment District" or "CAGRD" means a multi-county water conservation district acting in its capacity as the entity established pursuant to A.R.S. § 48-3771, et seq., and responsible for replenishing excess groundwater.

18. "Central distribution system" means a water system that qualifies as a public water system pursuant to A.R.S. § 49-352.

19. "CERCLA" or "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" has the same meaning as prescribed in A.R.S. § 49-201.

20. "Certificate" means a certificate of assured water supply issued by the Director for a subdivision pursuant to A.R.S. § 45-576 et seq. and this Article.

21. "Certificate holder" means any person included on a certificate, except the following:

a. Any person who no longer owns any portion of the property included in the certificate, and

b. Any potential purchaser for whom the purchase contract has been terminated or has expired.

22. "Certificate of convenience and necessity" means a certificate required by the Arizona Corporation Commission, pursuant to A.R.S. § 40-281, which allows a private water company to serve water to customers within its certificated area.

23. "Colorado River water" means water from the main stream of the Colorado River. For purposes of this Article, Colorado River water does not include CAP water.

24. "Committed demand" means the 100-year water demand at build-out of all recorded lots that are not yet served water within the service area of a designation applicant or a designated provider.

25. "County water augmentation authority" means an authority formed pursuant to A.R.S. Title 45, Chapter 11.

26. "Current demand" means the 100-year water demand for existing uses within the service area of a designation applicant or designated provider, based on the annual report for the previous calendar year.

27. "Depth-to-static water level" means the level at which water stands in a well when no water is withdrawn by pumping or by free flow.

28. "Designated provider" means:

a. A municipal provider that has obtained a designation of assured or adequate water supply; or

b. A city or town that has obtained a designation of adequate water supply pursuant to A.R.S. § 45-108(D).

29. "Designation means a decision and order issued by the director designating a municipal provider as having an assured water supply or an adequate water supply.

30. "Determination of adequate water supply" means a water report, a designation of adequate water supply, or an analysis of adequate water supply.

31. "Determination of assured water supply" means a certificate, a designation of assured water supply, or an analysis of assured water supply.

32. "Development" means either a subdivision or an unplatted development plan.

33. "Diversion works" means a structure or well that allows or enhances diversion of surface water from its natural course for other uses.

34. "Drought response plan" means a plan describing a variety of conservation and augmentation measures, especially the use of backup water supplies, that a municipal provider will utilize in operating its water supply system in times of a water supply shortage. The plan may include the following:

a. An identification of priority water uses consistent with applicable public policies.

b. A description of sources of emergency water supplies.

c. An analysis of the potential use of water pressure reduction.

d. Plans for public education and voluntary water use reduction.

e. Plans for water use bans, restrictions, and rationing.

f. Plans for water pricing and penalties for excess water use.

g. Plans for coordination with other cities, towns, and private water companies.

35. "Drought volume" means 80% of the volume of a surface water supply, determined by the director under R12-15-716 to be physically available on an annual basis to a certificate holder or a designated provider.

36. "Dry lot development" means a development or subdivision without a central water distribution system.

37. "EPA" means the United States Environmental Protection Agency.

38. "Estimated water demand" means:

a. For a certificate or water report, the Director's determination of the 100-year water demand for all uses included in the subdivision;

b. For a designation, the sum of the following:

i. The Director's determination of the current demand;

ii. The Director's determination of the committed demand; and

iii. The Director's determination of the projected demand during the term of the designation; or

c. For an analysis, the Director's determination of the water demand for all uses included in the development.

39. "Existing municipal provider" means a municipal provider that was in operation and serving water for non-irrigation use on or before January 1, 1990.

40. "Extinguish" means to cause a grandfathered right to cease to exist through a process established by the director pursuant to R12-15-723.

41. "Extinguishment credit" means a credit that is issued by the Director in exchange for the extinguishment of a grandfathered right and that may be used to make groundwater use consistent with the management goal of an AMA.

42. "Firm yield" means the minimum annual diversion for the period of record which may include runoff releases from storage reservoirs, and surface water withdrawn from a well.

43. "Gray water" has the same meaning as provided in A.R.S. § 49-201.

44. "Gray water reuse system" means a system constructed to reuse gray water that meets the requirements of the rules adopted by ADEQ for gray water systems.

45. "Management plan" means a water management plan adopted by the Director according to A.R.S. § 45-561 et seq.

46. "Mandatory adequacy jurisdiction" means a city, town, or county that requires an adequate water supply determination by the Director as a condition of approval of a plat according to A.R.S. § 9-463.01(J) or (O) or A.R.S. § 11-823(A).

47. "Master-planned community" has the same meaning as provided in A.R.S. § 32-2101.

48. "Median flow" means the flow which is represented by the middle value of a set of flow data that are ranked in order of magnitude.

49. "Member land" has the same meaning as provided in A.R.S. § 48-3701.

50. "Member service area" has the same meaning as provided in A.R.S. § 48-3701.

51. "Multi-county water conservation district" means a district established according to A.R.S. Title 48, Chapter 22.

52. "Municipal provider" has the same meaning as provided in A.R.S. § 45-561.

53. "New municipal provider" means a municipal provider that began serving water for non-irrigation use after January 1, 1990.

54. "Owner" means:

a. For an analysis, certificate, or water report applicant, a person who holds fee title to the land described in the application; or

b. For a designation applicant, the person who will be providing water service according to the designation.

55. "Perennial" means a stream that flows continuously.

56. "Persons per household" means a measure obtained by dividing the number of persons residing in housing units by the number of housing units.

57. "Physical availability determination" means a letter issued by the Director stating that an applicant has demonstrated all of the criteria in R12-15-702(C).

58. "Plat" means a preliminary or final map of a subdivision in a format typically acceptable to a platting entity.

59. "Potential purchaser" means a person who has entered into a purchase agreement for land that is the subject of an application for a certificate or an assignment of a certificate.

60. "Projected demand" means the 100-year water demand at build-out, not including committed or current demand, of customers reasonably projected to be added and plats reasonably projected to be approved within the designated provider's service area and reasonably anticipated expansions of the designated provider's service area.

61. "Proposed municipal provider" means a municipal provider that has agreed to serve a proposed subdivision.

62. "Purchase agreement" means a contract to purchase or acquire an interest in real property, such as a contract for purchase and sale, an option agreement, a deed of trust, or a subdivision trust agreement.

63. "Remedial groundwater" means groundwater withdrawn according to an approved remedial action project, but does not include groundwater withdrawn to provide an alternative water supply according to A.R.S. § 49-282.03.

64. "Service area" means:

a. For an application for an analysis of adequate water supply, a water report, or a designation of adequate water supply, the area of land actually being served water for a non-irrigation use by the municipal provider and additions to the area that contain the municipal provider's operating distribution system for the delivery of water for a non-irrigation use;

b. For an application for a designation of adequate water supply according to A.R.S. § 45-108(D), the area of land actually being served water for a non- irrigation use by each municipal provider that serves water within the city or town, and additions to the area that contain each municipal provider's operating distribution system for the delivery of water for a non-irrigation use; or

c. For an application for a certificate or designation of assured water supply, "service area" has the same meaning as prescribed in A.R.S. § 45-402.

65. "Subdivision" has the same meaning as prescribed in A.R.S. § 32-2101.

66. "Superfund site" means the site of a remedial action undertaken according to CERCLA.

67. "Surface water" means any surface water as defined in A.R.S. § 45-101, including CAP water and Colorado River water.

68. "Water Quality Assurance Revolving Fund site" or "WQARF site" means a site of a remedial action undertaken according to A.R.S. Title 49, Chapter 2, Article 5.

69. "Water report" means a letter issued to the Arizona Department of Real Estate by the Director for a subdivision stating whether an adequate water supply exists according to A.R.S. § 45-108 and this Article.

Ariz. Admin. Code § R12-15-701

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). Emergency renewed for 180 days at 12 A.A.R. 144, effective December 23, 2005 (Supp. 05-4). Emergency expired. Amended by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by final expedited rulemaking at 28 A.A.R. 909, effective 4/11/2022.