TITLE 12. NATURAL RESOURCES
CHAPTER 15. DEPARTMENT OF WATER RESOURCES
Supp. 07-3
(Authority: A.R.S. § 45-101 et seq.)
ARTICLE 1. FEES
Section
R12-15-101. Reserved
through
R12-15-150. Reserved
R12-15-151. Fee Schedule
R12-15-152. Expired
ARTICLE 2. PROCEDURAL RULES
Article 2, consisting of Sections R12-15-201 through R12-15-224, adopted effective June 13, 1984.
Section
R12-15-201. Expired
R12-15-202. Expired
R12-15-203. Expired
R12-15-204. Expired
R12-15-205. Expired
R12-15-206. Expired
R12-15-207. Correction of Clerical Mistakes
R12-15-208. Expired
R12-15-209. Expired
R12-15-210. Expired
R12-15-211. Expired
R12-15-212. Expired
R12-15-213. Expired
R12-15-214. Expired
R12-15-215. Expired
R12-15-216. Expired
R12-15-217. Expired
R12-15-218. Expired
R12-15-219. Expired
R12-15-220. Expired
R12-15-221. Expired
R12-15-222. Expired
R12-15-223. Expired
R12-15-224. Ex Parte Communications
ARTICLE 3. STOCKPOND AND OTHER SURFACE
WATER RULES
Section
R12-15-301. Expired
R12-15-302. Expired
R12-15-303. Multiple applications for water rights
R12-15-304. Reserved
R12-15-305. Reserved
R12-15-306. Reserved
R12-15-307. Reserved
R12-15-308. Reserved
R12-15-309. Reserved
R12-15-310. Renumbered
ARTICLE 4. LICENSING TIME-FRAMES
Article 4, consisting of Sections R12-15-401 and Table A, adopted effective December 31, 1998; filed in the Office of the Secretary of State July 28, 1998 (Supp. 98-3).
Section
R12-15-401. Licensing Time-frames
Table A. Licensing Time-frames
ARTICLE 5. RESERVED
ARTICLE 6. RESERVED
ARTICLE 7. ASSURED AND ADEQUATE WATER SUPPLY
Article 7, consisting of Sections R12-15-701 through R12-15-725, adopted effective February 7, 1995.
Section
R12-15-701. Definitions - Assured and Adequate Water Supply Programs
R12-15-702. Physical Availability Determination
R12-15-703. Analysis of Assured Water Supply
R12-15-703.01. Repealed
R12-15-704. Certificate of Assured Water Supply
R12-15-705. Assignment of Type A Certificate of Assured Water Supply
R12-15-706. Assignment of Type B Certificate of Assured Water Supply
R12-15-707. Application for Classification of a Type A Certificate
R12-15-708. Material Plat Change; Application for Review
R12-15-709. Certificate of Assured Water Supply; Revocation
R12-15-710. Designation of Assured Water Supply
R12-15-711. Designation of Assured Water Supply; Annual Report Requirements, Review, Modification, Revocation
R12-15-712. Analysis of Adequate Water Supply
R12-15-713. Water Report
R12-15-714. Designation of Adequate Water Supply
R12-15-715. Designation of Adequate Water Supply; Annual Report Requirements, Review, Modification, Revocation
R12-15-716. Physical Availability
R12-15-717. Continuous Availability
R12-15-718. Legal Availability
R12-15-719. Water Quality
R12-15-720. Financial Capability
R12-15-721. Consistency with Management Plan
R12-15-722. Consistency with Management Goal
R12-15-723. Extinguishment Credits
R12-15-724. Phoenix AMA Calculation of Groundwater Allowance and Extinguishment Credits
R12-15-725. Pinal AMA - Groundwater Allowance and Extinguishment Credits Calculation
R12-15-726. Prescott AMA Calculation of Groundwater Allowance and Extinguishment Credits
R12-15-727. Tucson AMA Calculation of Groundwater Allowance and Extinguishment Credits
R12-15-728. Reserved
R12-15-729. Remedial Groundwater; Consistency with Management Goal
R12-15-730. Assured and Adequate Water Supply Fees
ARTICLE 8. WELL CONSTRUCTION AND LICENSING OF WELL DRILLERS
Article 8, consisting of Sections R12-15-801 through R12-15-821, adopted effective March 5, 1984.
Section
R12-15-801. Definitions
R12-15-802. Scope of Article
R12-15-803. Well Drilling and Abandonment Requirements; Licensing and Supervision Requirements
R12-15-804. Application for Well Drilling License
R12-15-805. Examination for Well Drilling License
R12-15-806. License Fee; Issuance and Term of Licenses; Renewal; Display of License
R12-15-807. Single Well License
R12-15-808. Revocation of License
R12-15-809. Notice of Intention to Drill
R12-15-810. Authorization to Drill
R12-15-811. Minimum Well Construction Requirements
R12-15-812. Special Aquifer Conditions
R12-15-813. Unattended Wells
R12-15-814. Disinfection of Wells
R12-15-815. Removal of Drill Rig from Well Site
R12-15-816. Abandonment
R12-15-817. Exploration Wells
R12-15-818. Well Location
R12-15-819. Use of Well as Disposal Site
R12-15-820. Request for Variance
R12-15-821. Special Requirements
R12-15-822. Capping of Open Wells
R12-15-823. Reserved
R12-15-824. Reserved
R12-15-825. Reserved
R12-15-826. Reserved
R12-15-827. Reserved
R12-15-828. Reserved
R12-15-829. Reserved
R12-15-830. Reserved
R12-15-831. Reserved
R12-15-832. Reserved
R12-15-833. Reserved
R12-15-834. Reserved
R12-15-835. Reserved
R12-15-836. Reserved
R12-15-837. Reserved
R12-15-838. Reserved
R12-15-839. Reserved
R12-15-840. Reserved
R12-15-841. Reserved
R12-15-842. Reserved
R12-15-843. Reserved
R12-15-844. Reserved
R12-15-845. Reserved
R12-15-846. Reserved
R12-15-847. Reserved
R12-15-848. Reserved
R12-15-849. Reserved
R12-15-850. Evaluation of Notices of Intention to Drill; Notification of Registered Site Locations; Vertical Cross-Contamination Evaluation
R12-15-851. Notification of Well Drilling Commencement
R12-15-852. Notice of Well Inspection; Opportunity to Comment
ARTICLE 9. WATER MEASUREMENT
Article 9, consisting of Sections R12-15-901 through R12-15-905, adopted effective December 27, 1982.
Section
R12-15-901. Definitions
R12-15-902. Installation of Approved Measuring Devices
R12-15-903. Approved Water Measuring Devices and Methods
R12-15-904. Water Measuring Method Reporting Requirements
R12-15-905. Accuracy of Approved Measuring Devices
R12-15-906. Repair and Replacement of Approved Measuring Devices
R12-15-907. Calculation of Irrigation Water Deliveries
R12-15-908. Measurement of Water by One Person on Behalf of Another
R12-15-909. Alternative Water Measurement Devices, Methods, and Reporting
ARTICLE 10. REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS
Section
R12-15-1001. Definitions
R12-15-1002. Form of Annual Account or Annual Report
R12-15-1003. Accuracy of Annual Reports
R12-15-1004. Annual Reports Filed on Behalf of a Responsible Party
R12-15-1005. Management Plan Monitoring and Reporting Requirements
R12-15-1006. Reporting Requirements for Holders of Recovery Well Permits
R12-15-1007. Reporting Requirements for Annual Account
R12-15-1008. Information Required to Maintain an Operating Flexibility Account
R12-15-1009. Credits to Operating Flexibility Account
R12-15-1010. Operating Flexibility Account; Tailwater
R12-15-1011. Statement of Operating Flexibility Account
R12-15-1012. Rule of Construction
R12-15-1013. Retention of Records for Annual Accounts and Annual Reports
R12-15-1014. Late Filing or Payment of Fees; Extension Penalties
R12-15-1015. Reporting Requirements for Conveyances of Grandfathered Rights and Groundwater Withdrawal Permits
R12-15-1016. Spillwater Reporting by Water Deliverers
R12-15-1017. Maintenance and Filing of Annual Reports Required by A.R.S. § 45-343
ARTICLE 11. INSPECTIONS AND AUDITS
Article 11, consisting of Sections R12-15-1101 and R12-15-1102, adopted effective August 31, 1992 (Supp. 92-3).
Section
R12-15-1101. Inspections
R12-15-1102. Audits
ARTICLE 12. DAM SAFETY PROCEDURES
Article 12, consisting of Sections R12-15-1201 through R12-15-1206, repealed; new Article 12, consisting of Sections R12-15-1201 through R12-15-1226 et seq., adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).
Section
R12-15-1201. Applicability
R12-15-1202. Definitions
R12-15-1203. Exempt Structures
Table 1. Exempt Structures
R12-15-1204. Provision for Guidelines
R12-15-1205. General Responsibilities
R12-15-1206. Classification of Dams
Exhibit A. Repealed
Table 2. Size Classification
Table 3. Downstream Hazard Potential Classification
R12-15-1207. Application Process
R12-15-1208. Application to Construct, Reconstruct, Repair, Enlarge, or Alter a High or Significant Hazard Potential Dam
R12-15-1209. Application to Breach or Remove a High or Significant Hazard Potential Dam
R12-15-1210. Application to Construct, Reconstruct, Repair, Enlarge, Alter, Breach, or Remove a Low Hazard Potential Dam
R12-15-1211. Application to Construct, Reconstruct, Repair, Enlarge, Alter, Breach, or Remove a Very Low Hazard Potential Dam
R12-15-1212. Construction of a High, Significant, or Low Hazard Potential Dam
R12-15-1213. Completion Documents for a Significant or High Hazard Potential Dam
R12-15-1214. Licensing
R12-15-1215. Construction Drawings, Construction Specifications, and Engineering Design Report for a High, Significant, or Low Hazard Potential Dam
R12-15-1216. Design of a High, Significant, or Low Hazard Potential Dam
Table 4. Inflow Design Flood
Table 5. Minimum Factors of Safety for Stability
R12-15-1217. Maintenance and Repair; Emergency Actions
R12-15-1218. Safe Storage Level
R12-15-1219. Safety Inspections
R12-15-1220. Existing Dams
R12-15-1221. Emergency Action Plans
R12-15-1222. Right of Review
R12-15-1223. Enforcement Authority
R12-15-1224. Emergency Procedures
R12-15-1225. Emergency Repairs
R12-15-1226. Non-Emergency Repairs; Loans and Grants
ARTICLE 13. WELL SPACING REQUIREMENTS; REPLACEMENT WELLS IN APPROXIMATELY THE SAME LOCATION
Article 13, consisting of Sections R12-15-1301 through R12-15-1308, made by final rulemaking at 12 A.A.R. 2193, effective August 7, 2006 (Supp. 06-2).
R12-15-1301. Definitions
R12-15-1302. Well Spacing Requirements - Applications to Construct New Wells or Replacement Wells in New Locations Under A.R.S. § 45-599
R12-15-1303. Well Spacing Requirements - Applications for Recovery Well Permits Under A.R.S. § 45-834.01
R12-15-1304. Well Spacing Requirements - Wells Withdrawing Groundwater From the Little Colorado River Plateau Groundwater Basin for Transportation to Another Groundwater Basin Under A.R.S. § 45-544(B)(1)
R12-15-1305. Well Spacing Requirements - Applications to Use a Well to Withdraw Groundwater for Transportation to an Active Management Area Under A.R.S. § 45-559
R12-15-1306. Well Spacing Requirements - Applications for Water Exchange Permits Under A.R.S. § 45-1041
R12-15-1307. Well Spacing Requirements - Notices of Water Exchange Under A.R.S. § 45-1051
R12-15-1308. Replacement Wells in Approximately the Same Location
ARTICLE 1. FEES
R12-15-101. Reserved
through
R12-15-150. Reserved
R12-15-151. Fee Schedule
A. The Department shall only accept or take action on an application or filing upon payment of the appropriate fee as listed below. Payment may be made by cash, check, or by entry in an existing Department fee-credit account established pursuant to R12-15-152.
B. The following fees shall be paid:
1. SURFACE WATER FEE ($)
a. Application for permit to appropriate
i. Less than 50 acre feet 50.00
ii. 50 acre feet or more 75.00
b. Permit to appropriate
i. Less than 50 acre feet 25.00
ii. 50 acre feet or more 50.00
c. Claim of water right for a stockpond and
application for certification 10.00
d. Certificate of water right for stockpond 30.00
e. Issue certificate of water right (except
stockpond) 50.00
f. Application for severance and transfer of
water right . 500.00
g. Application to transport water out
of state 500.00
h. Assignment
i. Assignment of application for permit to
appropriate, statement of claim, or claim
of water right for a stockpond 10.00
ii. Assignment and reissuance of permit to
appropriate 20.00
iii. Assignment and reissuance of certificate
of water right (except stockpond) 35.00
iv. Assignment and reissuance of certificate
of water right for a stockpond 20.00
2. GROUNDWATER
a. Application for groundwater withdrawal
permit, modifications and renewals (except
applications for hydrologic testing and
temporary dewatering permits) 150.00
b. Application for permit for hydrologic
testing and temporary dewatering,
modifications, and renewals 50.00
c. Groundwater withdrawal permit 50.00
d. Convey groundwater withdrawal permit
(except for permits for temporary electrical
energy generation, temporary dewatering,
hydrologic testing, and groundwater
replenishment district withdrawals) 35.00
e. Application for notice of authority to irrigate
in an irrigation nonexpansion area 50.00
f. Convey or reissue notice of authority to
irrigate in an irrigation nonexpansion area 35.00
3. WATER EXCHANGES
a. Statement of water exchange contract 100.00
b. Application for water exchange permit 150.00
c. Water exchange permit 100.00
d. Renew or modify water exchange permit 100.00
e. Notice of water exchange 150.00
4. WELLS
a. Reissue drilling card 10.00
b. Permit to drill new or replacement well 30.00
c. Registration of exempt well No charge
d. Registration of nonexempt well 10.00
e. Late registration of any well (post 7/16/82) 10.00
f. Well assignments (single or group of wells
by same owner) 10.00
g. Well driller's licenses (except single well
license) 50.00
h. Reissue or renew unexpired well driller's
license 10.00
i. Reactivate expired well driller's license 20.00
j. Single well license No charge
k. Well capping 300.00
minimum
plus actual
expenses
over 300.00
5. GRANDFATHERED RIGHTS
a. Application for certificate of
grandfathered right 75.00
b. Late application for certificate of
grandfathered right 100.00
c. Convey or reissue certificate of
grandfathered right 35.00
d. Application for type 1 nonirrigation
grandfathered right associated with retired
irrigation l and 50.00
e. Application to retire an irrigation
grandfathered right from irrigation to
nonirrigation 100.00
f. Application for restoration of retired
irrigation grandfathered right 50.00
g. Purchase of flexibility account credit
balance 100.00
6. SUBSTITUTION OF ACRES
a. Application to substitute irregularly shaped
acres in an irrigation nonexpansion area or
an active management area 50.00
b. Application to substitute flood-damaged
acres in an irrigation nonexpansion area or
an active management area 100.00
c. Application to substitute CAP acres in an
irrigation nonexpansion area 50.00
d. Application to substitute, or to reverse
substitution of, CAP acres in an active
management area 100.00
7. ADEQUATE AND ASSURED WATER SUPPLY
Applications, certificates, licenses, reports, and
permits relating to assured and adequate water supply
. . . . . . . . . . . . . . . . . . . . . . The applicable fee
prescribed in Article 7
of this Chapter.
8. UNDERWATER WATER STORAGE SAVINGS AND REPLENISHMENT PROGRAM
a. Application for underground storage
facility permit 750.00
b. Underground storage facility permit 500.00
c. Convey underground storage facility permit 300.00
d. Application for groundwater savings
facility permit 500.00
e. Groundwater savings facility permit 350.00
f. Convey groundwater savings facility
permit 300.00
g. Application for water storage permit 250.00
h. Water storage permit 100.00
i. Convey water storage permit 300.00
j. Application for recovery well permit
i. First 10 wells 50/well
ii. Over 10 wells 10/well
k. Recovery well permit
i. First 10 wells 50/well
ii. Over 10 wells 10/well
9. CERTIFICATES OF GROUNDWATER OVERSUPPLY
a. Application for certificate of
groundwater oversupply 150.00
b. Certificate of groundwater oversupply 50.00
10. LAKES
a. Application for permit to fill or refill a body of water
i. Poor quality groundwater 150.00
ii. Interim 50.00
b. Permit to fill or refill a body of water
i. Poor quality groundwater 75.00
ii. Interim 30.00
c. Application for determination of substantial
capital investment to fill or refill a body of
water 50.00
d. Application and permit for temporary emergency use of water to fill a body of water 50.00
11. SAFETY OF DAMS
a. Application for review No charge
b. Application filing fee - review of plans and
studies based upon dam cost
i. First $100,000 2.0%
ii. Next $400,000 1.5%
iii. Next $500,000 1.0%
iv. Remainder over $1,000,000 .5%
c. Safety Inspections
i. Per inspection 100.00
ii. Plus, per foot of height 2.00
12. WEATHER MODIFICATION
a. Application for weather modification
license 100.00
b. License to manufacture or sell weather
modification equipment 10.00
13. COPIES
a. Photocopies .25/page
b. Microfiche copies .30/page
c. Computer reports:
i. First page of report 15.00
ii. Additional page .25 each
d. Certified copies 2.75/page
C. In addition to the fees listed above, the applicant shall pay the Department the actual cost of mailing and/or publishing any legal notice required by statute.
Historical Note
Adopted effective October 8, 1982 (Supp. 82-5). Amended effective June 29, 1994 (Supp. 94-2). Amended effective March 3, 1995 (Supp. 95-1). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).
R12-15-152. Expired
Historical Note
Adopted effective October 8, 1982 (Supp. 82-5). Section expired under A.R.S. § 41-1056(E) at 13 A.A.R. 1647, effective May 31, 2006 (Supp. 07-2).
ARTICLE 2. PROCEDURAL RULES
R12-15-201. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). The reference to R12-14-223 in subsection (C) corrected to read R12-15-223 (Supp. 93-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-202. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-203. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-204. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-205. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-206. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-207. Correction of Clerical Mistakes
Upon a motion or on the initiative of the Director, the Director may correct clerical mistakes in decisions, orders, rulings, any process issued by the Department, or other parts of the record, and errors in the record arising from oversight or omission. The Director shall give all parties and the Chief Counsel notice of any corrections made pursuant to this Section.
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).
R12-15-208. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-209. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-210. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-211. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-212. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-213. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-214. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-215. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section number corrected (Supp. 93-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-216. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-217. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-218. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-219. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-220. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-221. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-222. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-223. Expired
Historical Note
Adopted effective June 13, 1984 (Supp. 84-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2159, effective February 28, 2001 (Supp. 01-2).
R12-15-224. Ex Parte Communications
A. During the course of a contested case or appealable agency action, a party shall not make an ex parte communication or knowingly cause an ex parte communication to be made to the Director or other Department employee or consultant who is or may reasonably be expected to be involved in the decision-making process of the contested case or appealable agency action.
B. During the course of a contested case or appealable agency action, the Department personnel listed in subsection (A) shall not make an ex parte communication or knowingly cause an ex parte communication to be made to a party or a person who will be materially and directly affected by the outcome of the contested case or appealable agency action.
C. Any of the Department personnel listed in subsection (A) of this Section who receives a written communication prohibited by this Section shall file a copy of the communication in the public docket and serve a copy on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action. Any of the Department personnel listed in subsection (A) of this Section who receives an oral communication prohibited by this Section shall file a summary, stating the substance of the communication, in the public docket and serve a copy on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action.
D. Upon receipt of an ex parte communication or a copy or summary of an ex parte communication made or knowingly caused to be made by a party in violation of this Section, the Director, to the extent consistent with the interests of justice and the policy of the underlying statutes and rules, may require the party to show cause why the party's claim or interest in the contested case or appealable agency action should not be dismissed, denied or disregarded because of the violation.
E. For purposes of this Section, "ex parte communication" means any written or oral communication relating to the merits of a contested case or appealable agency action, except:
1. Communications made in the course of official proceedings in the contested case or appealable agency action;
2. Communications made in writing, if a copy of the communication is promptly served on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action;
3. Oral communications made after adequate notice, stating the substance of each communication, to all parties and the Chief Counsel;
4. Communications relating solely to procedural matters; and
5. As otherwise authorized by law.
Historical Note
Adopted effective June, 1984 (Supp. 84-3). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6, 2007 (Supp. 07-3).
ARTICLE 3. STOCKPOND AND OTHER SURFACE WATER RULES
R12-15-301. Expired
Historical Note
Adopted effective October 8, 1982 (Supp. 82-5). Amended effective April 3, 1987 (Supp. 87-2). Amended effective May 7, 1990 (Supp. 90-2). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2012, effective February 28, 2001 (Supp. 01-2).
R12-15-302. Expired
Historical Note
Adopted effective October 8, 1982 (Supp. 82-5). Amended effective May 7, 1990 (Supp. 90-2). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 2012, effective February 28, 2001 (Supp. 01-2).
R12-15-303. Multiple Applications for Water Rights
A. If two or more applications are filed with the Director pursuant to A.R.S. §§ 45-152 or 45-273 or both by or for the same applicant and for a right to use the same water, the Director shall consolidate the applications. If the applicant is otherwise entitled to both a permit to appropriate and a certificate of stockpond water right, the Director shall issue to the applicant either the permit to appropriate or the certificate of stockpond water right, whichever would give the applicant the higher priority.
B. If one or more applications are filed with the Director pursuant to A.R.S. §§ 45-152 or 45-273 or both by or for the same applicant and for a right to use the same water for which the applicant holds a permit to appropriate, a certificate of water right or a certificate of stockpond water right, the Director shall deny the application or applications unless the applicant relinquishes every permit to appropriate, certificate of water right and certificate of stockpond water right which the applicant holds for that same water. The applicant may relinquish every permit to appropriate, certificate of water right and certificate of stockpond water right on the condition that the Director issues a permit to appropriate or certificate of stockpond water right to the applicant for the same water. In that case, the relinquishment shall be effective when the Director issues the permit to appropriate or certificate of stockpond water right.
C. For purposes of this rule, "same water" means the same quantity of water from the same source for use at the same place for the same purpose. Water for which a right is applied or held pursuant to an application or permit to appropriate, certificate of water right or certificate of stockpond water right may be the same water in whole or in part as water for which a right is applied or held pursuant to a separate application or permit to appropriate, certificate of water right or certificate of stockpond water right.
Historical Note
Adopted effective April 3, 1987 (Supp. 87-2). Section R12-15-310 renumbered to R12-15-303 and amended effective May 7, 1990 (Supp. 90-2).
R12-15-304. Reserved
R12-15-305. Reserved
R12-15-306. Reserved
R12-15-307. Reserved
R12-15-308. Reserved
R12-15-309. Reserved
R12-15-310. Renumbered
Historical Note
Adopted effective April 3, 1987 (Supp. 87-2). Section R12-15-310 renumbered to R12-15-303 effective May 7, 1990 (Supp. 90-2)
ARTICLE 4. LICENSING TIME-FRAMES
R12-15-401. Licensing Time-frames
The following time-frames apply to licenses issued by the Department. In this Article, "license" has the meaning prescribed in A.R.S. § 41-1001. The licensing time-frames consist of an administrative completeness review time-frame, a substantive review time-frame, and an overall time-frame.
1. Within the administrative completeness review time- frames set forth in subsection (7), the Department shall notify the applicant in writing whether the application is complete or incomplete. If the application is incomplete, the notice shall specify what information or component is required to make the application complete.
2. An applicant with an incomplete application shall supply the missing information within 60 days from the date of the notice, or within such further time as the Director may specify, unless another time limit is specified by statute or applicable rule. If the applicant fails to complete the application within the specified time period, the Director may deny the application. Denial of an application under this provision does not preclude the applicant from filing a new application.
3. Within the overall time-frames set forth in subsection (7), unless extended by mutual agreement under A.R.S. § 41-1075, the Department shall notify the applicant in writing that the application is granted or denied. If the application is denied, the Department shall provide written justification for the denial and a written explanation of the applicant's right to a hearing or the applicant's right to appeal.
4. In computing any period of time prescribed by this rule, the day of the filing, notice or event from which the designated period of time begins to run shall not be included. The last day of the computed period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the prescribed administrative completeness review time-frame or substantive review time-frame is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation. The overall time-frame is the sum of the administrative completeness review time-frame and the substantive review time-frame calculated as prescribed by this Section.
5. Except as otherwise noted, the licensing time-frames do not include time for hearings. Time-frames in cases where a hearing is held are increased by 120 days.
6. The licensing time-frame rules are effective after December 31, 1998, as prescribed by A.R.S. § 41-1073(A), and apply to all applications filed after that date.
7. The licensing time-frames are set forth in Table A.
Historical Note
Adopted effective December 31, 1998; filed with the Office of the Secretary of State July 28, 1998 (Supp. 98-3). Amended by final rulemaking at 11 A.A.R. 5395, effective February 4, 2006 (Supp. 05-4).
Table A. Licensing Time-frames
|
No.
|
License
|
Legal Authority
|
Completeness Review (Days)*
|
Substantive Review (Days)*
|
Overall Time-frame (Days)*
|
|
1
|
Filling a body of water with poor quality water
|
A.R.S. § 45-132(C)
|
30
|
60
|
90
|
|
2
|
Interim water use in body of water
|
A.R.S. § 45-133
|
30
|
60
|
90
|
|
3
|
Temporary emergency permit for use of surface water or groundwater in body of water
|
A.R.S. § 45-134
|
10
|
20
|
30
|
|
4
|
Permit to appropriate water
(non-instream flow)
|
A.R.S. §§ 45-151 and 45-153
|
30
|
420
|
450
|
|
5
|
Permit to appropriate water (instream flow)
|
A.R.S. §§ 45-151 and 45-153
|
50
|
530
|
580
|
|
6
|
Change in use of water
|
A.R.S. § 45-156(B)
|
30
|
375
|
405
|
|
7
|
Exception to limitation on time of completion of construction
|
A.R.S. § 45-160
|
5
|
15
|
20
|
|
8
|
Primary reservoir permit
|
A.R.S. § 45-161
|
30
|
420
|
450
|
|
9
|
Secondary reservoir permit
|
A.R.S. § 45-161
|
30
|
420
|
450
|
|
10
|
Certificate of water right
(non-instream flow)
|
A.R.S. § 45-162
|
20
|
100
|
120
|
|
11
|
Certificate of water right (instream flow)
|
A.R.S. § 45-162
|
20
|
190
|
210
|
|
12
|
Reissuance of permit or certificate held by the United States or State of Arizona
|
A.R.S. § 45-164(C)
|
10
|
80
|
90
|
|
13
|
Severance and transfer
|
A.R.S. § 45-172
(excluding 172.6)
|
30
|
390
|
420
|
|
14
|
Stockpond certificate
|
A.R.S. § 45-273
|
30
|
190
|
220
|
|
15
|
Transporting water from this state **
|
A.R.S. § 45-292
|
120
|
300
|
420
|
|
16
|
Waiver of water conserving plumbing fixture requirement
|
A.R.S. § 45-315
|
10
|
3
|
13
|
|
17
|
Irrigated acreage in an irrigation non-expansion area
|
A.R.S. § 45-437
|
30
|
90
|
120
|
|
18
|
Substitution of acres in an irrigation non-expansion area/flood damage
|
A.R.S. § 45-437.02
|
30
|
90
|
120
|
|
19
|
Substitution of acres in an irrigation non-expansion area/impediments to efficient irrigation
|
A.R.S. § 45-437.03
|
30
|
90
|
120
|
|
20
|
Reversal of substitution of acres irrigated with Central Arizona Project water
|
A.R.S. § 45-452(G)
|
30
|
90
|
120
|
|
21
|
Type 1 non-irrigation grandfathered right associated with irrigation land retired 1965-1980
|
A.R.S. §§ 45-463, 45-476.01, and 45-476
|
30
|
90
|
120
|
|
22
|
Type 2 non-irrigation grandfathered right
|
A.R.S. §§ 45-464, 45-476.01, and 45-476
|
30
|
90
|
120
|
|
23
|
Irrigation grandfathered right
|
A.R.S. §§ 45-465, 45-476.01, and 45-476
|
30
|
90
|
120
|
|
24
|
Substitution of acres in an active management area/flood damaged acres
|
A.R.S. § 45-465.01
|
30
|
90
|
120
|
|
25
|
Substitution of acres in an active management area/impediments to efficient irrigation
|
A.R.S. § 45-465.02
|
30
|
90
|
120
|
|
26
|
Type 1 non-irrigation right retired after 6/12/80
|
A.R.S. § 45-469
|
30
|
90
|
120
|
|
27
|
Restoration of retired irrigation grandfathered right
|
A.R.S. § 45-469(O)
|
30
|
90
|
120
|
|
28
|
Revised certificate for new or additional points of withdrawal for a Type 2 right
|
A.R.S. § 45-471(C)
|
45
|
135
|
180
|
|
29
|
Conveyance of irrigation grandfathered right for electrical energy generation
|
A.R.S. § 45-472(B)(2)
|
30
|
90
|
120
|
|
30
|
Conveyance of irrigation grandfathered right for non-irrigation use within service area
|
A.R.S. § 45-472(C)
|
30
|
90
|
120
|
|
31
|
Contract to supply groundwater
|
A.R.S. § 45-492(C)
|
15
|
90
|
105
|
|
32
|
Extension of service area to provide disproportionally large amount of water to large user
|
A.R.S. § 45-493(A)(2)
|
15
|
90
|
105
|
|
33
|
Addition/exclusion of acres by irrigation district
|
A.R.S. § 45-494.01(A)
|
30
|
90
|
120
|
|
34
|
Delivery of groundwater from an irrigation district to a general industrial use permit holder
|
A.R.S. § 45-497(B)
|
15
|
60
|
75
|
|
35
|
Issuance/renewal/modification of dewatering permit
|
A.R.S. §§ 45-513 and 45-527
|
30
|
70
|
100
|
|
36
|
Issuance/renewal/modification of mineral extraction and metallurgical processing permit
|
A.R.S. §§ 45-514 and 45-527
|
30
|
70
|
100
|
|
37
|
Issuance/renewal/modification of general industrial use permit
|
A.R.S. §§ 45-515, 45-521, 45-522, 45-523, 45-524, and 45-527
|
30
|
70
|
100
|
|
38
|
Issuance/renewal/modification of poor quality groundwater withdrawal permit
|
A.R.S. §§ 45-516 and 45-527
|
30
|
70
|
100
|
|
39
|
Issuance/renewal/modification of temporary permit for electrical energy generation
|
A.R.S. §§ 45-517 and 45-527
|
30
|
70
|
100
|
|
40
|
Issuance/extension/modification of temporary dewatering permit
|
A.R.S. §§ 45-518 and 45-527
|
30
|
70
|
100
|
|
41
|
Emergency temporary dewatering permit
|
A.R.S. § 45-518(D)
|
3
|
7
|
10
|
|
42
|
Issuance/renewal/modification of drainage water withdrawal permit
|
A.R.S. §§ 45-519 and 45-527
|
30
|
70
|
100
|
|
43
|
Issuance/renewal/modification of hydrologic testing permit
|
A.R.S. §§ 45-519.01, 45-521, 45-522, 45-524, and 45-527
|
30
|
30
|
60
|
|
44
|
Change of location of use
|
A.R.S. §§ 45-520(A),
45-521, and 45-527
|
30
|
30
|
60
|
|
45
|
Conveyance of a groundwater withdrawal permit
|
A.R.S. § 45-520(B)
|
30
|
30
|
60
|
|
46
|
Transportation of groundwater withdrawn in McMullen Valley Basin to an active management area
|
A.R.S. § 45-552(B)
|
45
|
105
|
150
|
|
47
|
Transportation of groundwater withdrawn in Harquahala irrigation non-expansion area to an initial active management area
|
A.R.S. § 45-554(B)
|
45
|
105
|
150
|
|
48
|
Transportation of groundwater withdrawn in Big Chino subbasin to an initial active management area
|
A.R.S. § 45-555(B)
|
45
|
105
|
150
|
|
49
|
Well spacing requirements for withdrawing groundwater for transportation to an active management area
|
A.R.S. § 45-559
|
45
|
105
|
150
|
|
50
|
Groundwater replenishment district's preliminary or long-term replenishment plan **
|
A.R.S. § 45-576.03
|
As prescribed by A.R.S. § 45-576.03(A)
|
As prescribed by A.R.S. § 45-576.03 (B), (C), (D), and (E)
|
As prescribed by
A.R.S. § 45-576.03
|
|
51
|
Conservation district or water district long-term replenishment plan **
|
A.R.S. §§ 45-576.03,
45-576.02(C), and
45-576.02(E)
|
As prescribed by
A.R.S. § 45-576.03(I)
|
As prescribed by
A.R.S. § 45-576.03(J), (K), (L), and (M)
|
As prescribed by
A.R.S. § 45-576.03
|
|
52
|
Notice of intent to abandon a well
|
A.R.S. § 45-594 and
A.A.C. R12-15-816
|
15
|
15
|
30
|
|
53
|
Well construction request for variance
|
A.R.S. §§ 45-594,
45-596(D), and A.A.C. R12-15-820
|
15
|
35
|
50
|
|
54
|
Well driller license
|
A.R.S. § 45-595(C)
|
25
|
105
|
130
|
|
55
|
Single well license
|
A.R.S. § 45-595(D)
|
25
|
105
|
130
|
|
56
|
Renewal or reactivation of well drilling license
|
A.R.S. § 45-595(C) A.A.C. R12-15-806
|
25
|
15
|
40
|
|
57
|
Notice of intent to drill
|
A.R.S. § 45-596, and
A.A.C. R12-15-810
|
15
|
0
|
15
|
|
58
|
Well construction permit
|
A.R.S. § 45-599
|
30
|
60
|
90
|
|
59
|
Alternative water measuring devices
|
A.R.S. § 45-604 and A.A.C. R12-15-909
|
15
|
60
|
75
|
|
60
|
Underground storage facility permit
|
A.R.S. §§ 45-811.01 and 45-871.01
|
As prescribed by
A.R.S. § 45-871.01(B)
|
As prescribed by
A.R.S. § 45-871.01(D), (G), and (H)
|
As prescribed by
A.R.S. § 45-871.01
|
|
61
|
Groundwater savings facility permit
|
A.R.S. §§ 45-812.01 and 45-871.01
|
As prescribed by A.R.S. § 45-871.01(B)
|
As prescribed by A.R.S. § 45-871.01(D), (G), and (H)
|
As prescribed by
A.R.S. § 45-871.01
|
|
62
|
Storage facility permit renewal/conveyance/modification
|
A.R.S. §§ 45-814.01 and 45-871.01
|
As prescribed by A.R.S. § 45-871.01(B)
|
As prescribed by A.R.S. § 45-871.01(D), (G), and (H)
|
As prescribed by A.R.S. § 45-871.01
|
|
63
|
Water storage permit modification/conveyance
|
A.R.S. §§ 45-831.01 and 45-871.01
|
As prescribed by
A.R.S. §§ 45-831.01(G) and 45-871.01(B) and (E)
|
As prescribed by A.R.S. §§ 45-831.01(G) and 45-871.01(D), (E), (G), and (H)
|
As prescribed by A.R.S. §§ 45-831.01(G) and 45-871.01
|
|
64
|
Recovery well permit
|
A.R.S. §§ 45-834.01 and 45-871.01
|
As prescribed by
A.R.S. § 45-871.01(B)
|
As prescribed by A.R.S. § 45-871.01(F), (G), and (H)
|
As prescribed by
A.R.S. § 45-871.01
|
|
65
|
Emergency temporary recovery well permit
|
A.R.S. § 45-834.01(D)
|
5
|
10
|
15
|
|
66
|
Issuance/renewal/modification of water exchange permit
|
A.R.S. §§ 45-1041,
45-1042, and 45-1045
|
As prescribed by
A.R.S. § 45-1042(A)
|
As prescribed by A.R.S. § 45-1042(B), (C), and (D)
|
As prescribed by
A.R.S. § 45-1042
|
|
67
|
Modification of previously enrolled or permitted water exchange/non-Colorado River
|
A.R.S. § 45-1041(B)
|
60
|
90
|
150
|
|
68
|
Construction, enlargement, repair, alteration, or removal of a dam
|
A.R.S. §§ 45-1203,
45-1206, and 45-1207
|
120
|
60
|
180
|
|
69
|
Weather modification license
|
A.R.S. § 45-1601
|
15
|
60
|
75
|
|
70
|
Certificate of Assured Water Supply
|
A.A.C. R12-15-702,
A.R.S. §§ 45-576 and 45-578
|
150
|
60
|
210
|
|
71
|
Designation or Modification of Designation of Assured Water Supply
|
A.A.C. R12-15-702
and R12-15-714; A.R.S. § 45-576
|
150
|
60
|
210
|
|
72
|
Analysis of Assured Water Supply/unplatted development plan
|
A.A.C. R12-15-712,
A.R.S. § 45-576(H)
|
150
|
30
|
180
|
|
73
|
Assured Water Supply for State lands
|
A.A.C. R12-15-713,
A.R.S. § 37-334(F)
|
30
|
60
|
90
|
|
74
|
Water adequacy report
|
A.A.C. R12-15-716,
A.R.S. § 45-108
|
60
|
60
|
120
|
|
75
|
Designation or Modification of Designation of Adequate Water Supply
|
A.A.C. R12-15-716,
A.A.C. R12-15-725 A.R.S. § 45-108
|
150
|
60
|
210
|
|
76
|
Analysis of water adequacy/unplatted
|
A.R.S. § 45-108 A.A.C. R12-15-723
|
60
|
60
|
120
|
|
77
|
Adequate Water Supply for State lands
|
A.R.S. § 45-108
A.A.C. R12-15-724
|
30
|
60
|
90
|
* The computation of days is prescribed by subsection (4).
** Hearing is required.
