Adequacy Rules Stakeholder Process

Background

In 2007 the legislature passed SB 1575 which among other things, provides clear authority for cities, towns and counties to adopt an ordinance requiring new subdivisions to obtain from the Arizona Department of Water Resources (Department) a determination of an adequate 100-year water supply in order to obtain final plat approval from the local platting authority. As a result, the Department is in the process of amending its existing Adequate Water Supply Rules as required by SB 1575.

Completion of the Informal Rule Making Process

ADWR completed a series of statewide informal stakeholder meetings as part of the public process to form consensus around changes to the water adequacy rules. Beginning in February of 2008 and completed in November of 2008 the Department held over 20 informal stakeholder meetings in various locations across the state. 

In addition to input at the informal stakeholder meetings, the public had an opportunity to submit written comments about the draft rules. The deadline for written informal public comments was August 15, 2008.  The Department completed its review of the informal public comments, and made several changes to the draft rule as originally proposed as a result. On November 5, 2008 the Department provided a summary of comments and responses and amended DRAFT Rule Language.

November 5, 2008 Release 

Initiation of the Formal Rule Making Process

On November 26th, 2008, the Department submitted to the Office of the Secretary of State, a Notice of Proposed Rulemaking, proposing to amend the Assured and Adequate Water Supply Rules (A.A.C. R12-15-701, et seq.), as required by SB 1575. The Department requested that the Notice of Proposed Rulemaking be published in the Arizona Administrative Register on December 19, 2008.

The Department will accept public comment on the proposed rules at the following date and place: 
       DATE:              January 21, 2009
       TIME:               1:00 p.m.
       PLACE:            Arizona Department of Water Resources
                              3550 North Central Avenue
                               Second Floor, Verde Conference Rooms 
                               Phoenix, Arizona 85012

Written comments will be accepted until January 21, 2009, at 5:00 p.m. Written comments should be addressed to: 
        NAME:            Kathleen Donoghue, Docket Supervisor
        ADDRESS:      Arizona Department of Water Resources 
                              3550 North Central Avenue 
                              Phoenix, Arizona 85012
       TELEPHONE:   (602) 771-8472
       FAX:                (602) 771-8683
       Email:              kadonoghue@azwater.gov         


For questions regarding the rulemaking, please contact:
       NAME:             Doug Dunham, Deputy Assistant Director 
       ADDRESS:       Arizona Department of Water Resources
                              3550 North Central Avenue
                              Phoenix, Arizona 85012

       EMAIL:            dwdunham@azwater.gov

For your information, below is a copy of the letter from the Department along with the Notice of Proposed Rule Making (This is not the OFFICIAL Version), that has been submitted to the Secretary of State. Please note the official Notice of Rule Making will be published in the Arizona Administrative Register on December 19, 2008,  you can access the OFFICIAL VERSION by visiting the Secretary of State's website.

Letter from Department

Notice of Proposed Rule Making

-For questions or comments, or if you wish to be added to e-mail list sign-up click here.

Pending Applications Status

For a status list of pending applications of assured or adequate water supply, click here or pdf

If you have any questions please call the Phoenix AMA section of the Arizona Department of Water Resources at 602-771-8585.

Issued Determinations of Assured and Adequate Water Supply

For a status list of issued determinations of Assured and Adequate Water Supply, click here.

If you have any questions please call the Office of Assured and Adequate Water Supply of the Arizona Department of Water Resources at 602-771-8599.

Hydrologic Guidelines

Click here to view the substantive policy statement.

Public Notice of Assignment of Certificate of Assured Water Supply

Effective Tuesday May 18, 2004 in accordance with HB 2278, the Public Notice of Assignment of Certificate of Assured Water Supply can be found here.
 

Public Notice of Determinations of Adequate/Inadequate Water Supply

First available Thursday December 16, 2004, the Public Notice of Determinations of Adequate/Inadequate Water Supply is now available.    

Office Of Assured & Adequate Water Supply

New Assured and Adequate Water Supply rules effective September 12, 2006
Official publication by the Secretary of State: click here

The Office of Assured and Adequate Water Supply manages applications for both the Assured Water Supply program and the Adequate Water Supply program. The Assured Water Supply Program covers subdivisions within Active Management Areas (AMAs) while the Adequate Water Supply Program covers developments outside of the AMAs. Four types of applications are processed in each of these roughly parallel programs: Physical Availability Demonstration (PAD), Designation of Assured (or Adequate) Water Supply, Analysis of Assured (or Adequate) Water Supply, and either Certificate of Assured Water Supply or Water Adequacy Report. For application forms  click here.  For a spreadsheet that helps estimate total projected demand for the proposed subdivision—needed on the application—click here.

Both programs are driven by the definition of a subdivision from the Arizona Department of Real Estate (ADRE) as six or more parcels with at least one parcel having an area less than 36 acres. This includes residential or commercial subdivisions, stock cooperatives, condominiums, and all lands subdivided as part of a common promotional plan (including golf courses, parks, schools, and other amenities). Short-term leases (12 months or less) and subdivisions where all parcels are greater than 36 acres in size do not fall under this definition. If the proposed development does not meet the definition of a subdivision, then neither program applies.

The Assured Water Supply program was created as part of the historic 1980 Groundwater Management Act, and operates within Arizona’s five Active Management Areas.  Applicants are required to demonstrate an assured water supply that will be physically, legally, and continuously available for the next 100 years before the developer can record plats or sell parcels.  The ADRE will not issue a public report, which allows the developer to sell lots, without a demonstration of an assured water supply.  The developer can prove a 100 year supply by satisfying the requirements to obtain a Certificate of Assured Water Supply or by a written commitment of service from a provider with a Designation of Assured Water Supply.

Applications for Certificates of Assured Water Supply comprise the majority of applications processed within the Assured Water Supply program.  Other types, such as PADs or Analyses (but not Designations) usually lead to the issuance of one or more Certificates for a subdivision or master planned community, but do not demonstrate an assured water supply in and of themselves.  In order to obtain a determination of Assured Water Supply, seven criteria must be met:

1. The water supply must be physically available for 100 years.


2. The water supply must must be legally available for 100 years


3. The proposed supply must be continuously available for 100 years.


4. The water must be 0f sufficient quality for the proposed use.


5. The proposed water use must be consistent with the management goal of the AMA.


6. The proposed water use must be consistent with the current management plan of the AMA.


7. The applicant must demonstrate the financial capability to construct any necessary water storage, treatment, and delivery systems.

The Department reviews each application under various licensing time frames depending upon the application type. Incomplete or incorrect applications or lack of supporting documentation lengthen the actual review period. The time frame does not apply while the Department is waiting for the applicant to respond to requests for additional information. For a summary of the Assured Water Supply program, see the brochure at the bottom of this page or click here.  For a detailed description of the program, click here.  For frequently asked questions, click here.

Designation

Please note that various water providers have received a designation of assured or adequate water supply from the Department. Individual developers do not need to obtain a separate determination of assured or adequate water supply for their development if they will be served by one of these designated water providers. A written commitment of service from the designated provider will suffice to meet the assured or adequate water supply requirement. For a list of designated water providers see the list here

The Adequate Water Supply program, first created in 1973, operates outside of the Active Management Areas as a consumer protection program.  Developers are required to obtain a determination from the Department concerning the quantity and quality of water available before the ADRE will allow any lot sales.  If the application for a Water Adequacy Report successfully demonstrates that water of sufficient quality will be physically, legally, and continuously available for the next 100 years, then the Department will determine the water supply to be adequate.  If the water supply is determined to be inadequate, the developer may still sell lots, but the inadequate determination must be disclosed to potential buyers in the public report approved by ADRE and in all promotional materials.  If a provider with a Designation of Adequate Water Supply will serve the proposed subdivision, then the developer only has to provide a written commitment of service from the designated provider.

For more general information on the Adequate Water Supply program, see the brochure at the bottom of this page or click here.  For a list of Water Adequacy Report applications that have recently received a determination as either adequate or inadequate, scroll down to the heading entitled “Determinations of Adequate Water Supply.”
 

Mandatory Water Adequacy Requirement
In 2007 the Arizona State Legislature passed SB 1575 which among other things provided clear authority to cities, towns, and counties to require a 100-year water adequacy determination from the Department before a new subdivision’s plat may be recorded and lots sold (State of Arizona, Forty-eighth Legislature, First Regular Session, 2007). For most areas outside of the AMAs an adequacy determination from the Department is not required prior to recording a plat and initiating lot sales. For those areas (non-mandatory adequacy jurisdictions) developers may apply to the Department for an adequate or inadequate water adequacy determination, prior to initiating the final plat approval process with the local platting entity (city, town, or county) and filing for a public report with the ADRE. However, some local jurisdictions (cities, towns, and counties) have passed measures that require a 100-year water adequacy determination from ADWR prior to completing the final plat approval process (mandatory adequacy jurisdictions). See the attached link for the current list of mandatory adequacy jurisdictions where a 100-year water adequacy determination is required here.

Designation

Please note that various water providers have received a designation of assured or adequate water supply from the Department. Individual developers do not need to obtain a separate determination of assured or adequate water supply for their development if they will be served by one of these designated water providers. A written commitment of service from the designated provider will suffice to meet the assured or adequate water supply requirement. For a list of designated water providers see the list here

 

Forms

Water Adequacy Program Summary
How to meet the standards to demonstrate an adequate supply of water... (more>>)

Assured Water Supply Program Brochure
Table of Contents
HISTORY OF THE ASSURED WATER SUPPLY PROGRAM
AWS APPLICATIONS AND ENFORCEMENT
ASSURED WATER SUPPLY REGULATIONS FOR SUBDIVISIONS... (more >>)

ADDITIONAL FORMS
 

Frequently Asked Questions

Answers to common questions about Assured and Adequate Water Supply are in our FAQ section.

 

 

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