reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-611 - Informal Settlement Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A. If requested by any party to an appeal of
				an Appealable Agency Action, the Commission shall hold an informal settlement
				conference within 15 days after receiving the request. A request for an
				informal settlement conference shall be in writing and shall be filed with the
				Commission no later than twenty days before the hearing. If an informal
				settlement conference is requested, the party shall notify the Commission of
				the request and the outcome of the conference. The request for an informal
				settlement conference does not toll the sixty day period in which the
				administrative hearing is to be held pursuant to A.R.S. §
									41-1092.05.
B. If an informal settlement conference is
				held, a person designated by the Commission shall represent the Commission at
				the conference. The Commission representative shall notify the appellant in
				writing that statements, either written or oral, made by the appellant at the
				conference, including a written document, created or expressed solely for the
				purpose of settlement negotiations are inadmissible in any subsequent
				administrative hearing. By participating in the settlement conference, the
				party or parties waive their right to object to the participation of the
				Commission representative in the final administrative decision.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-612 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A party shall not communicate, either directly or indirectly,
				  with the Commission or individual Commissioners about any substantive issue in
				  a pending appeal unless:
1. All
				parties are present;
2. It is
				during a scheduled proceeding, provided that a party that fails to appear after
				proper notice waives its right to object to the subjects discussed or any
				rebuttal of these subjects or
3. It
				is in writing, including facsimile or other electronic means, with copies to
				all Parties.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-613 - Motions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Purpose. A party
				requesting a ruling from the Commission shall file a motion. Motions may be
				made for rulings such as:
1. Consolidation or
				severance of issues pursuant to
				R12-14-616;
2. Continuing or expediting a hearing
				pursuant to
				R12-14-617;
3. Vacating a hearing pursuant to
				R12-14-618;
4. Prehearing conference pursuant to
				R12-14-619;
5. Quashing a subpoena
				pursuant to
				R12-14-620;
6. Telephonic testimony pursuant to
				R12-14-621;
				and
7. Reconsideration of a
				previous order pursuant to
				R12-14-630
				and
				R12-14-631.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-614 - Computing Time

Current through Register Vol. 30, No. 28, July 12, 2024
In computing any time period, the Commission shall exclude
				  the day from which the designated time period begins to run. The Commission
				  shall include the last day of the period unless it falls on a Saturday, Sunday,
				  or legal holiday. When the time period is 10 days or less, the Commission shall
				  exclude Saturdays, Sundays, and legal holidays.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-615 - Filing and Service of Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Docket. The Authority shall open a docket
				for each Appealable Agency Action upon receipt of a notice of appeal or request
				for hearing. All documents filed in an Appealable Agency Action with the
				Authority other than by electronic means shall be date stamped on the day
				received by the Authority and entered in the docket.
B. Definition. "Documents" include papers
				such as notices of appeal, requests for hearing, motions, responses, notices,
				and briefs.
C. Form. A party shall
				state on the document the name and address of each party served and how service
				was made pursuant to subsection (E). A document shall contain the Authority's
				caption and docket number.
D.
				Signature. A document filed with the Authority shall be signed by the party or
				the party's attorney. A signature constitutes a certification that the signer
				has read the document and has a good faith basis for submission of the
				document, and that it is not filed for the purpose of delay or harassment.
				Signatures can be either hand-written or electronic.
E. Filing and service. A copy of a document
				filed with the Authority shall be served on all parties. Filing with the
				Authority and service shall be completed by personal delivery; first-class,
				certified or express mail; or facsimile or other electronic means.
F. Date of filing and service. A document is
				filed with the Authority on the date it is received by the Authority, as
				established by the Authority's date stamp on the face of the document, the
				facsimile date or the electronic receipt date. A copy of a document is served
				on a party as follows:
1. On the date it is
				personally served;
2. Five days
				after it is mailed by express or 1st class mail;
3. On the date of the return receipt if it is
				mailed by certified mail; or
4. On
				the date indicated on the facsimile transmission or the electronic receipt
				date.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-616 - Consolidation or Severance of Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. Standards for consolidation. The
				Commission may order consolidation of pending appeals, if:
1. There are substantially similar factual or
				legal issues, or
2. All parties are
				the same, or
3. If there are
				different parties, all parties consent to the consolidation.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-617 - Continuing or Expediting a Hearing; Reconvening a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Continuing or expediting a hearing. When
				ruling on a motion to continue or expedite, the Commission shall consider such
				factors as:
1. The time remaining between the
				filing of the motion and the hearing date;
2. The position of other parties;
3. The reasons for expediting the hearing or
				for the unavailability of the party, representative, or counsel on the date of
				the scheduled hearing;
4. Whether
				testimony of an unavailable witness is authorized by law, and, if so, whether
				it can be taken telephoni-cally or by deposition; and
5. The status of settlement
				negotiations.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-618 - Vacating a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission may vacate a calendared hearing if:
1. The parties agree to vacate the
				hearing;
2. The Commission
				dismisses the matter;
3. The party
				withdraws the appeal;
4. The party
				fails to comply with any order of the Commission; or
5. Facts demonstrate to the Commission that
				it is appropriate to vacate the hearing for the purpose of informal
				disposition, or if the action will further administrative convenience,
				expedition and economy and does not conflict with law or cause undue prejudice
				to any party.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-619 - Prehearing Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Procedure. The Commission may hold a prehearing conference. The conference may
				be held telephonically. The Commission may issue a prehearing order outlining
				the issues to be discussed. As outlined by A.R.S. §
									41-1092.05,
				prehearing conferences may be held for any of the following reasons:
1. Clarify or limit procedural, legal or
				factual issues;
2. Consider
				amendments to any pleadings;
3.
				Identify and exchange lists of witnesses and exhibits intended to be introduced
				at the hearing;
4. Obtain
				stipulations or rulings regarding testimony, exhibits, facts or law;
5. Schedule deadlines, hearing dates and
				locations if not previously set;
6.
				Allow the Parties opportunity to discuss settlement; or
7. Any other similar reason determined by the
				Commission to further administrative convenience, expedition, and economy, or
				to avoid undue prejudice.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-620 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. Form. As
				provided by A.R.S. §
									41-1092.07
				and A.R.S. §
									41-1092.10,
				any party may request a subpoena in writing from the Commission and shall
				include in the request:
1. The caption of the
				Appealable Agency Action;
2. A list
				or description of any documents sought;
3. The full name and home or business address
				of the custodian of the documents sought or all persons to be
				subpoenaed;
4. The date, time, and
				place to appear or to produce documents pursuant to the subpoena; and
5. The name, address, and telephone number of
				the party, or the party's attorney, requesting the subpoena.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-621 - Telephonic Testimony

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission may grant a motion for telephonic testimony
				  if:
1. Personal attendance by a party
				or witness at the hearing will present an undue hardship for the party or
				witness;
2. Telephonic testimony
				will not cause undue prejudice to any party; and
3. The proponent of the telephonic testimony
				pays for any cost of obtaining the testimony telephonically.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-622 - Rights and Responsibilities of Parties

Current through Register Vol. 30, No. 28, July 12, 2024
A. Generally. A party may present testimony
				and documentary evidence and argue with respect to the issues and may examine
				and cross-examine witnesses.
B.
				Preparation. A party shall have all witnesses, documents and exhibits available
				on the date of the hearing.
C.
				Exhibits. A party shall provide a copy of each exhibit to all other parties at
				the time the exhibit is offered to the Commission, unless it was previously
				provided through discovery.
D.
				Responding to Orders. A party shall comply with an order issued by the
				Commission concerning the conduct of a hearing. Unless objection is made orally
				during a pre-hearing conference or hearing, a party shall file a motion
				requesting the Commission to reconsider the order.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-624 - Conduct of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Public
				access. Unless otherwise provided by law, all hearings are open to the
				public.
B. Opening. The Commission
				shall begin the hearing by reading the caption, stating the nature and scope of
				the hearing, and identifying the parties, counsel, and witnesses for the
				record.
C. Stipulations. The
				Commission shall enter into the record any stipulation, settlement agreement,
				or consent order entered into by any of the parties before or during the
				hearing.
D. Opening statements. The
				party initiating the appeal may make an opening statement at the beginning of a
				hearing. All other parties may make statements in a sequence determined by the
				Commission.
E. Order of
				presentation. After opening statements, the party initiating the appeal shall
				begin the presentation of evidence, unless the parties agree otherwise or the
				Commission determines that requiring another party to proceed first would be
				more expeditious or appropriate, and would not prejudice any other
				party.
F. Examination. A party
				shall conduct direct and cross examination of witnesses in the order and manner
				determined by the Commission to expedite and ensure a fair hearing. The
				Commission shall make rulings necessary to prevent argumentative, repetitive,
				or irrelevant presentation of evidence, including testimony, and to expedite
				the examination to the extent consistent with the disclosure of all relevant
				testimony and information.
G.
				Closing argument. When all evidence has been received, parties shall have the
				opportunity to present closing oral argument, in a sequence determined by the
				Commission. The Commission may permit or require closing oral argument to be
				supplemented by written memoranda. The Commission may permit or require written
				memoranda to be submitted simultaneously or sequentially, within time periods
				the Commission may prescribe.
H.
				Conclusion of hearing. Unless otherwise provided by the Commission, the hearing
				is concluded upon the submission of all evidence, the making of final argument,
				or the submission of all post hearing memoranda, whichever occurs
				last.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-625 - Failure of Party to Appear for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
If a party fails to appear at a hearing, the Commission may
				  proceed with the presentation of the evidence of the appearing party, vacate
				  the hearing and return the matter to the Authority for any further action, or
				  dismiss the appeal and conclude that there is a final action on the existing
				  administrative record.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-626 - Witnesses: Exclusion from Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
All witnesses at the hearing shall testify under oath or
				  affirmation. At the request of a party, or at the discretion of the Commission,
				  the Commission may exclude witnesses who are not parties from the hearing room
				  so that they cannot hear the testimony of other witnesses.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-627 - Proof

Current through Register Vol. 30, No. 28, July 12, 2024
A. Standard of
				proof. Unless otherwise provided by law, the standard of proof is a
				preponderance of the evidence.
B.
				Burden of proof. Unless otherwise provided by law:
1. The party asserting a claim, right, or
				entitlement has the burden of proof;
2. A party asserting an affirmative defense
				has the burden of establishing the affirmative defense; and
3. The proponent of a motion shall establish
				the grounds to support the motion.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-628 - Disruptions

Current through Register Vol. 30, No. 28, July 12, 2024
A person shall not interfere with access to or from the
				  hearing room, or interfere, or threaten interference with the hearing. If a
				  person interferes, threatens interference, or disrupts the hearing, the
				  Commission may order the disruptive person to leave or be
				  removed.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-629 - Hearing Record

Current through Register Vol. 30, No. 28, July 12, 2024
A. Maintenance.
				The Commission shall maintain the official record of appeal and
				hearing.
B. Transfer of record.
				Before the Commission makes a final administrative decision, the party may
				request that the record be available for its review or duplication. Any party
				requesting a copy of the record or any portion of the record shall make a
				request to the Commission and shall pay the reasonable costs of
				duplication.
C. Release of
				exhibits. Exhibits shall be released:
1. Upon
				the order of a court of competent jurisdiction; or
2. Upon motion of the party who submitted the
				exhibits if the time for judicial appeal has expired and no appeal is
				pending.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-630 - Final Administrative Decisions; Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. For purposes of this article, the decision
				of the Commission on appeal is the final administrative decision.
B. A party may appeal a final administrative
				decision pursuant to title 12, chapter 7, article 6, except that if a party has
				not requested a hearing upon receipt of a notice of Appealable Agency Action
				pursuant to section
				41-1092.03,
				the Appealable Agency Action is not subject to judicial review.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-631 - Rehearing or Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may
				file a motion for rehearing within 30 days after service of the final
				administrative decision pursuant to A.R.S. § 41- 1092.09.
B. Any other party may file a response to the
				motion for rehearing within 15 days after the date the motion for rehearing is
				filed.
C. After a hearing has been
				held and a final administrative decision has been entered pursuant to A.R.S.
				§
									41-1092.08,
				a party is not required to file a motion for rehearing or review of the
				decision in order to exhaust the party's administrative remedies.
D. Service is complete on personal service or
				five days after the date that the final administrative decision is mailed to
				the party's last known address.
E.
				Except as provided in this subsection, the Commission shall rule on the motion
				within 15 days after the response to the motion is filed or, if a response is
				not filed, within five days of the expiration of the response
				period.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-632 - Notice of Judicial Appeal; Transmitting the Transcript

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notification to the Arizona Power
				Authority. Within 10 days of filing a notice of appeal for judicial review of a
				final administrative decision, the party shall file a copy of the notice of
				appeal with the Arizona Power Authority. The Authority shall then transmit the
				record to the Superior Court.
B.
				Transcript. A party requesting a transcript shall arrange for transcription at
				the party's expense. The Authority shall make a copy of its audio taped record
				available to the transcriber. The party arranging for transcription shall
				deliver the transcript, certified by the transcriber under oath to be a true
				and accurate transcription of the audio taped record, to the Authority,
				together with one unbound copy.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 1 - FEES › Section R12-15-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §§ 45-101,
				  45-271, 45-402, 45-511, 45-561, 45-802.01, 45-1001, 45-1201 and
				  R12-15-701,
				  the following definitions apply to this Article:
1. "Application" means a written request submitted by an
				  applicant to the Department for the purpose of obtaining a permit, license or
				  other legal authorization issued by the Department.
2. "Fiscal year" means the year beginning July 1 and ending
				  June 30.
3. "Mileage expenses" means the Department's mileage expenses
				  for travelling to and from a site inspection calculated at the rate set by the
				  Arizona Department of Administration for state travel by motor vehicle.
4. "Municipality" means an incorporated city or town.
5. "Pre-decision administrative hearing" means an
				  administrative hearing held on an application before the Department makes any
				  decision on the application.
6. "Population" means the population according to the most
				  recent United States decennial census.
7. "Review hours" means the hours or portions of hours spent
				  by Department employees in reviewing an application and making a decision
				  thereon, including pre-application consultation time in excess of 60 minutes
				  and site inspection time. Only time spent by the program staff members and
				  technical review team members responsible for processing the application shall
				  be included as review hours. Review hours do not include the first 60 minutes
				  of pre-application consultation time, the time spent traveling to and from a
				  site inspection, any time spent on a pre-decision administrative hearing and
				  any time spent on the application after a party appeals the Director's decision
				  on the application pursuant to A.R.S. §
									41-1092.03(B).
8. "Site inspection" means an inspection conducted by the
				  Department before issuing a decision on an application or before issuing a
				  decision on whether water may be stored at an underground storage
				  facility.
9. "Site inspection time" means time spent on a site
				  inspection. Site inspection time includes the time spent conducting the
				  inspection and the time spent preparing an inspection report following the
				  inspection, but does not include the time spent traveling to and from the
				  inspection.
10. "Water resources fund" means the water resources fund
				  established by A.R.S. § 45-117.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 1 - FEES › Section R12-15-102 - Fees for Applications and Filings

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person submitting an application or
				filing to the Department on or after the effective date of this Section shall
				pay an hourly application fee as provided in
				R12-15-103 or a fixed application
				or filing fee as provided in
				R12-15-104, whichever applies.
				Application fees for an initial certificate of grandfathered right following
				the designation of a subsequent active management area or an initial notice of
				irrigation authority in a subsequent irrigation non-expansion area fall under a
				fixed application or filing fee structure, as outlined in
				R12-15-104. Fees for applications
				and filings shall be paid in U.S. dollars by cash, check, cashier's check,
				money order, or any other method acceptable to the Department.
B. A person with an application or filing
				pending before the Department prior to the effective date of this Section shall
				pay the application or filing fees and costs in effect when the application or
				filing was submitted to the Department.
C. For an application for an initial
				certificate of grandfathered right in a subsequent active management area or a
				notice of irrigation authority in a subsequent irrigation non-expansion area
				submitted prior to the effective date of this Section the applicant shall only
				be responsible for the fees and costs in effect on the effective date of this
				Section. The Department shall refund the difference in the fees and costs paid
				when the application was submitted to the applicant within 60 days of the
				effective date of this Section.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 1 - FEES › Section R12-15-105 - Fee for Dam Safety Inspection; Fee for Review of Dam Safety Inspection Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. The owner of
				a high or significant hazard potential dam shall pay a fee for the Department's
				dam safety inspection pursuant to
				R12-15-1219(A).
				The fee shall be based on the total crest length of the dam plus appurtenant
				embankments and saddle dikes, as follows:
Length (feet)
Fee
0 up to and including 500
$2,000.00
More than 500 up to and including 1,000
$2,200.00
More than 1,000 up to and including 2,000
$2,400.00
More than 2,000 up to and including 4,000
$2,600.00
More than 4,000 up to and including 8,000
$3,000.00
More than 8,000 up to and including 16,000
$3,400.00
More than 16,000 up to and including 32,000
$3,800.00
More than 32,000
$4,200.00
B.
				The owner of a low or very low hazard potential dam shall pay a fee for the
				Department's dam safety inspection report pursuant to
				R12-15-1219(A).
				The fee shall be $250.00.
C. After
				conducting a dam safety inspection pursuant to
				R12-15-1219(A),
				the Director shall send to the dam owner a bill for the fee required by
				subsection (A) or (B) of this Section. The dam owner shall pay the fee by the
				date specified in the bill, which shall be at least 35 days from the date of
				the bill. Failure by a dam owner to pay a fee required by subsection (A) or (B)
				of this Section shall be considered a violation of
				R12-15-1219.
D. The owner of a dam who submits a dam
				safety inspection report pursuant to
				R12-15-1219(E)
				shall pay a fee of $750.00 if the dam is a high or significant hazard potential
				dam or a fee of $250 if the dam is a low or very low hazard potential dam. The
				Department shall not accept a dam safety inspection report unless the fee is
				submitted with the report.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 1 - FEES › Section R12-15-106 - Fee for Well Capping

Current through Register Vol. 30, No. 28, July 12, 2024
The owner of a well that is capped by the Department pursuant
				  to A.R.S. §
									45-594(C)
				   shall pay to the Department a fee of
				  $300.00, plus actual expenses over $300.00. After capping an open well, the
				  Department shall send the owner of the well a bill for the fee under this
				  Section. The owner of the well shall pay the fee by the date specified in the
				  bill, which shall be at least 35 days after the date of the
				  bill.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 2 - PROCEDURAL RULES › Section R12-15-207 - Correction of Clerical Mistakes

Current through Register Vol. 30, No. 28, July 12, 2024
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.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 2 - PROCEDURAL RULES › Section R12-15-224 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
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.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 3 - STOCKPOND AND OTHER SURFACE WATER RULES › Section R12-15-303 - Multiple Applications for Water Rights

Current through Register Vol. 30, No. 28, July 12, 2024
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.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 4 - LICENSING TIME-FRAMES › Section R12-15-401 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
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.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-701 - Definitions - Assured and Adequate Water Supply Programs

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to any other definitions in A.R.S. Title 45 and
				  the management plans in effect at the time of application, the following words
				  and phrases in this Article shall have the following meanings, unless the
				  context otherwise requires:
1.
				"Abandoned plat" means a plat for which a certificate or water report has been
				issued and that will not be developed because of one of the following:
a. The land has been developed for another
				use; or
b. Legal restrictions will
				preclude approval of the plat.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-702 - Physical Availability Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may apply for a physical
				availability determination by submitting an application on a form prescribed by
				the Director with the initial fee required by
				R12-15-103(C),
				and providing the following information with the application:
1. The proposed source of water for which the
				applicant is seeking a determination of physical availability,
2. Evidence that the applicant has complied
				with subsection (C) of this Section, and
3. Any other information that the Director
				reasonably deems necessary to determine whether water is physically available
				in the area that is the subject of the application.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-703 - Analysis of Assured Water Supply

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A person proposing to develop land that will not be served by a designated
				provider may apply for an analysis of assured water supply before applying for
				a certificate. An applicant for an analysis must be the owner of the land that
				is the subject of the application or have the written consent of the owner. The
				commissioner of the Arizona State Land Department may apply for an analysis for
				land owned by the state of Arizona or may consent to the inclusion of such land
				in an application.
B. An applicant
				for an analysis shall submit an application on a form prescribed by the
				Director with the initial fee required by
				R12-15-103(C),
				and attach the following:
1. A title report,
				condition of title report, limited search title report, or recorded deed, dated
				within 90 days of the date the application is submitted, demonstrating the
				ownership of the land that is the subject of the application;
2. A description of the development,
				including:
a. A map of the land uses included
				in the development,
b. A list of
				water supplies proposed to be used by the development,
c. A summary of land use types included in
				the development, and
d. An estimate
				of the water demand for the land uses included in the development;
				and
3. Evidence that the
				applicant has complied with subsection (E) of this Section.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-704 - Certificate of Assured Water Supply

Current through Register Vol. 30, No. 28, July 12, 2024
A. An application for a certificate shall be
				filed by the current owner of the land that is the subject of the application.
				Potential purchasers and affiliates may also be included as
				applicants.
B. An applicant for a
				certificate shall submit an application on a form prescribed by the Director
				with the fee required by
				R12-15-103(C)
				and provide the following:
1. One of the
				following forms of proof of ownership for each applicant to be listed on the
				certificate:
a. For an applicant that is the
				current owner, one of the following:
i. A
				title report, condition of title report, limited search title report, or
				recorded deed, dated within 90 days of the date the application is filed,
				demonstrating that the applicant is the owner of the land that is the subject
				of the application; or
ii. Evidence
				that the CAGRD has reviewed and approved evidence that the applicant is the
				owner of the land that is the subject of the application.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-705 - Assignment of Type a Certificate of Assured Water Supply

Current through Register Vol. 30, No. 28, July 12, 2024
A. The certificate holder of a Type A
				certificate and the assignee may apply for approval of an assignment of the
				Type A certificate within the time allowed by A.R.S. §
									45-579(A).
				The assignee may file the application if there is no certificate holder. The
				application shall be submitted on a form prescribed by the Director with the
				initial fee required by
				R12-15-103(C),
				and the applicant shall provide the following:
1. One of the following forms of proof of
				ownership for each assignee:
a. A title
				report, condition of title report, limited search title report, or recorded
				deed, dated within 90 days of the date the application is submitted to the
				Director and demonstrating that the assignee is the owner of the land that is
				the subject of the proposed assignment; or
b. If the assignee is a potential purchaser,
				evidence of a purchase agreement;
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-706 - Assignment of Type B Certificate of Assured Water Supply

Current through Register Vol. 30, No. 28, July 12, 2024
A. The certificate holder of a Type B
				certificate or a certificate issued before the effective date of this Section
				that has not been classified pursuant to
				R12-15-707
				and the assignee may apply for approval of an assignment of the certificate to
				another person within the time allowed by A.R.S. §
									45-579(A).
				The assignee may file the application if there is no certificate holder. The
				application shall be submitted on a form prescribed by the Director with the
				initial fee required by
				R12-15-103(C),
				and the applicant shall provide the following:
1. One of the following forms of proof of
				ownership for each assignee:
a. A title
				report, condition of title report, limited search title report, or recorded
				deed, dated within 90 days of the date the application is submitted to the
				Director and demonstrating that the assignee is the owner of the land that is
				the subject of the proposed assignment; or
b. If the assignee is a potential purchaser,
				evidence of a purchase agreement;
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-707 - Application for Classification of a Type a Certificate

Current through Register Vol. 30, No. 28, July 12, 2024
A. A holder of a Type B certificate or a
				certificate issued before the effective date of this Section may apply to the
				Director to classify the certificate as a Type A certificate by submitting an
				application on a form prescribed by the Director with the initial fee
				prescribed in
				R12-15-103(C),
				and attaching evidence that the certificate meets the requirements of
				R12-15-704(H)(1).
B. At least one certificate holder shall sign
				the application for classification of a certificate as a Type A certificate. If
				the applicant is not a natural person, the applicant's authorized officer,
				managing member, partner, trust officer, trustee, or other person who performs
				similar decision-making functions for the applicant shall sign the application.
				If the applicant submits a letter, signed by the applicant and dated within 90
				days of the date the application is submitted, authorizing a representative to
				submit applications for permits regarding the land to be included in the
				certificate, the authorized representative may sign the application on behalf
				of the applicant.
C. If the
				applicant demonstrates that the requirements of
				R12-15-704(H)(1)
				are met, the Director shall classify the certificate as a Type A certificate
				and issue a Type A certificate to each certificate holder.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-708 - Material Plat Change; Application for Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A certificate or a water report is
				applicable to the original plat for which the certificate or water report was
				issued and to a revised plat, unless the plat changes are material according to
				subsections (C) and (D) of this Section.
B. If a plat is revised after the Director
				issues a certificate or a water report and the changes to the plat are material
				according to subsection (C) or (D) of this Section, the holder may:
1. Apply for a new certificate or water
				report for the revised plat,
2. Use
				the original plat for which the certificate or water report was issued,
				or
3. Revise the plat so that any
				changes are not material according to subsections (C) and (D) of this
				Section.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-709 - Certificate of Assured Water Supply; Revocation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director may revoke a certificate if
				an assured water supply does not exist.
B. The Director shall not revoke a
				certificate if any of the residential lots within the plat have been
				sold.
C. If the Director determines
				that a certificate should be revoked, the Director shall provide for an
				administrative hearing, in accordance with A.R.S. Title 41, Chapter 6, Article
				10. To determine whether a certificate should be revoked, the Director shall
				use the standards in place at the time the original application was submitted
				for the certificate.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 7 - ASSURED AND ADEQUATE WATER SUPPLY › Section R12-15-710 - Designation of Assured Water Supply

Current through Register Vol. 30, No. 28, July 12, 2024
A. A municipal provider applying for a
				designation of assured water supply shall submit an application on a form
				prescribed by the Director with the fee required by R12-15-103(C) and provide
				the following:
1. The applicant's current
				demand;
2. The applicant's
				committed demand;
3. The
				applicant's projected demand for the proposed term of the
				designation;
4. If the applicant is
				seeking a reduction in the estimated water demand because gray water reuse
				systems will be installed, sufficient information for the Director to determine
				the appropriate reduction in demand;
5. The proposed term of
				the designation, which shall not be less than two years;
6.
				Evidence that the criteria in subsection (E) of this Section are met;
				and
7. Any other information that the Director determines
				is necessary to decide whether an assured water supply exists for the municipal
				provider.