Ariz. Admin. Code § R12-15-715 – Designation of Adequate Water Supply; Annual Report Requirements, Review, Modification, Revocation

A. By March 31 of each calendar year, a designated provider shall submit the following information for the preceding calendar year on a form provided by the Director:
1. 1. The designated provider’s committed demand;
2. 2. The demand at build-out for customers with which the designated provider has entered into an agreement to serve water, other than committed demand;
3. 3. A report regarding the designated provider’s compliance with water quality requirements;
4. 4. The depth-to static water level of all wells from which the designated provider withdrew water;
5. 5. A report regarding volume of water withdrawn, diverted, or received from each source for delivery to customers;
6. 6. Any other information the Director may reasonably require to determine whether the designated provider continues to meet the criteria for a designation of adequate water supply.
B. If there is a change of ownership, the subsequent owner of a designated provider shall notify the Director in writing of the change in ownership within 90 days.
C. The Director shall review a designation at least every 15 years following issuance of the designation to determine whether the designation should be modified or revoked.
D. The Director may modify a designation for good cause, including a merger, division of the designated provider, or a change in ownership of the designated provider. A designated provider may request a modification of the designation at any time pursuant to R12-15-714. To determine whether the designation should be modified, the Director shall use the standards in place at the time of review.
E. The Director may revoke a designation if:
1. 1. After notifying the designated provider and initiating a review of the designated provider’s status, the Director deter mines that the designated provider has less water, according to the criteria in R12-15-714(E), than the amount required for a 100-year supply for the provider’s:
  1. a. Current demand,
  2. b. Committed demand, and
  3. c. Projected demand for the next two calendar years;
2. 2. The designated provider fails to construct adequate delivery, storage, and treatment works in a timely manner; or
3. 3. ADEQ or another governmental entity with equivalent jurisdiction has determined, after notice and an opportunity for a hearing, that the designated provider is in significant noncompliance with A.A.C. Title 18, Chapter 4 and is not taking action to resolve the noncompliance.
F. To determine whether the designation should be revoked, the Director shall use the standards in place at the time of review. If the Director determines that a designation of adequate water supply should be revoked, the Director shall provide for an administrative hearing, in accordance with A.R.S. Title 41, Chapter 6, Article 10.
G. If a designated provider’s designated status terminates, the provider may apply for re-designation at anytime after termination.
H. Notwithstanding any other provision in this Article, a decision and order of the Director designating a city, town, or private water company as having an assured water supply is not affected by this Article solely because the rule numbers cited in the decision and order may have changed after the effective date of the decision and order.
Historical Head
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).