A. For the purpose of determining whether an assured water supply exists, the director shall find that a groundwater replenishment district member’s projected use is consistent with achieving the management goal for the active management area under section 45-576 if:

Terms Used In Arizona Laws 45-576.01

  • Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
  • Conservation district: means a multi-county water conservation district established under Title 48, Chapter 22. See Arizona Laws 45-402
  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
  • Member land: means real property that qualifies as a member land of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
  • Member service area: means the service area of a city, town or private water company that qualifies as a member service area of a conservation district as provided by Title 48, Chapter 22. See Arizona Laws 45-402
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Private water company: means :

    (a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, any entity that distributes or sells groundwater, except a political subdivision or an entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. See Arizona Laws 45-402

  • replenishment district: means a district that is established pursuant to Title 48, Chapter 27. See Arizona Laws 45-402
  • Service area: means :

    (a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:

    (i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402

  • town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
  • Water district: means an active management area water district that is established under Title 48, Chapter 28 and that has adopted an ordinance or resolution to undertake water district groundwater replenishment obligations as defined and used in Title 48, Chapter 28, Article 7. See Arizona Laws 45-402
  • Water district member service area: means the service area of the city, town or private water company that qualifies as a water district member service area of a water district as provided by title 48, chapter 28. See Arizona Laws 45-402

1. The land for which a certificate or the city, town or private water company for which a designation is sought is in a groundwater replenishment district established pursuant to Title 48, Chapter 27.

2. The director has made either a preliminary determination that has not expired or a final determination that the district’s plan for operation is consistent with achieving the management goal according to Section 45-576.03, subsection E.

3. The master replenishment account established pursuant to Section 45-858.01 does not have a debit balance that exceeds the cumulative amount of the district’s debits accrued during the four preceding calendar years.

B. For the purpose of determining whether an assured water supply exists, the director shall find that a projected use is consistent with achieving the management goal for the active management area under section 45-576 if all of the following apply:

1. The land for which a certificate is sought is a member land, or the service area of a city, town or private water company for which a designation is sought is a member service area, in a conservation district as provided by Title 48, Chapter 22, Article 4, or the land for which a certificate is sought is a water district member land, or the service area for which a designation is sought is a water district member service area in a water district as provided by Title 48, Chapter 28, Article 7.

2. The director’s most recent determination pursuant to Section 45-576.03, subsection M, O or R that the plan for operation submitted by the conservation district or water district is consistent with achieving the management goal for the active management area in which the use is located has not expired.

3. The conservation district or the water district, whichever is obligated to replenish groundwater on behalf of the land for which a certificate is sought or the service area of a city, town or private water company for which a designation is sought, is currently in compliance with its groundwater replenishment obligation for the active management area in which the use is located, as determined by the director pursuant to Section 45-859.01 or 45-860.01.

 

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