45-576.08. Pinal active management area; assured water supply; physical availability; exemption; definitions

513 words·~2 min read·/az/title-45/45-576-08

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. All of the following apply in the Pinal active management area for an application to modify a designation of assured water supply:

1. Except as provided in subsection B of this section, if the total volume of groundwater and stored water to be recovered outside the area of impact of storage sought to be included in the designation does not exceed the total volume of those sources of water included in the previous designation minus the sum of the volume of groundwater actually withdrawn and the volume of stored water recovered outside the area of impact of storage by the applicant since issuance of the previous designation order:

(a)The director shall not review the physical availability of the groundwater and stored water to be recovered outside of the area of impact of storage sought to be included in the designation.

(b)The physical availability of the groundwater and stored water to be recovered outside the area of impact of storage sought to be included in the designation shall not be grounds for an objection.

2. Paragraph 1 of this subsection shall not affect the director's review of assured water supply criteria other than the physical availability of groundwater and stored water to be recovered outside the area of impact of storage.

3. Both of the following are deemed physically available for purposes of an assured water supply designation:

(a)Stored water that is to be recovered by the applicant within the area of impact of storage pursuant to existing long-term storage credits pledged to the designation of assured water supply.

(b)Stored water that is to be recovered by the applicant within the area of impact of storage either on an annual basis pursuant to section 45-851.01 or as long-term storage credits to be earned in the future if the water to be stored meets the physical availability requirements for the water supply under rules adopted pursuant to section 45-576, subsection H.

B. For the calculation prescribed by subsection A of this section, the director shall exclude any volume of groundwater or stored water recovered outside the area of impact of storage that is subject to groundwater savings credits issued pursuant to section 45-465.05 or rules adopted by the director pursuant to section 45-465.05, subsection L.

C. For the purposes of this section:

1. "Area of impact of storage" means any of the following:

(a)Within one mile of an existing or proposed underground storage facility where the water to be recovered is or will be stored.

(b)Within the district boundaries of an irrigation district that has a permit for a groundwater savings facility and where the water to be recovered is or will be stored.

(c)An area not described in subdivision

(a)or

(b)of this paragraph that has been shown to have been positively impacted by the storage of the water to be recovered as demonstrated by a hydrologic model approved by the director.

2. "Long-term storage credit" has the same meaning prescribed in section 45-802.01.

3. "Stored water" has the same meaning prescribed in section 45-802.01.