1. A. The Director shall determine whether a designation applicant’s projected use of groundwater withdrawn within an active management area is consistent with the management plan as follows:

   1. 1. If the applicant is providing water to customers as of the date of application, the applicant’s projected water use is consistent with the management plan if either of the following apply:

      1. a. The applicant is in compliance with its applicable management plan requirements in the most recent calendar year for which data is available before the date of application; or
      2. b. The applicant has signed a stipulation and consent order that is in effect on the date of the application, or that becomes effective during the time of review of the application, to remedy non-compliance with the management plan requirements and the applicant is in compliance with the terms of the stipulation and consent order.
   2. 2. If the applicant has not commenced serving water to customers as of the date of application, the applicant shall submit a water use plan that demonstrates to the Director that compliance with management plan requirements will be achieved through the use of conservation or augmentation measures.
   3. 3. If the applicant has a pending request for an administrative review or variance from its management plan requirements, the Director shall not make a finding regarding compliance with this Section until the Director has issued a final decision and order on the request or the request has been withdrawn.

2. B. The Director shall determine that a certificate applicant’s projected use of groundwater withdrawn within an AMA is consistent with the management plan if the applicant submits a water use plan for the subdivision that includes both of the following:

   1. 1. Information demonstrating that compliance with management plan requirements will be achieved through conservation or augmentation measures; and
   2. 2. All information required to calculate the water requirements for each proposed water use.
3. C. A certificate applicant for a subdivision of 50 or fewer lots is exempt from the requirements of this rule.

Historical Note

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 Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).