Ariz. Admin. Code § 12-15-702

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

Section R12-15-702 - Physical Availability Determination

A. A person may apply for a physical availability determination by submitting an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and providing the following information with the application:

1. The proposed source of water for which the applicant is seeking a determination of physical availability,

2. Evidence that the applicant has complied with subsection (C) of this Section, and

3. Any other information that the Director reasonably deems necessary to determine whether water is physically available in the area that is the subject of the application.

B. Each applicant shall sign an application for a physical availability determination. If an applicant is not a natural person, the applicant's authorized officer, managing member, partner, trust officer, trustee or other person who performs similar decision-making functions for the applicant shall sign the application. If the applicant submits a letter, signed by the applicant and dated within 90 days of the date the application is submitted, authorizing a representative to submit applications for permits regarding the land to be included in the determination, the authorized representative may sign the application on the applicant's behalf.

C. An applicant for a physical availability determination shall demonstrate the following:

1. The volume of water that is physically available for 100 years in the area that is the subject of the application, according to the criteria in R12-15-716.

2. That the proposed sources of water will be of adequate quality, according to the criteria in R12-15-719.

D. After a complete application is submitted, the Director shall review the application and associated evidence to determine whether the applicant has demonstrated all of the criteria in subsection (C) of this Section. If the Director determines that the applicant has demonstrated all of the criteria in subsection (C) of this Section, the Director shall issue a physical availability determination.

E. Any person applying for a determination of assured water supply or a determination of adequate water supply may use an existing physical availability determination for purposes of R12-15-716. The Director shall consider any changes in hydrologic conditions for purposes of R12-15-716.

F. The issuance of a physical availability determination does not reserve any water for purposes of this Article.

Ariz. Admin. Code § R12-15-702

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 exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).