reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 8 - WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS › Section R12-15-820 - Request for Variance

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				extraordinary or unusual conditions exist, a well drilling contractor or owner
				may request a variance from the provisions of this Article.
B. The request for variance shall be in
				writing and shall set forth the location of the well site, the reasons for the
				request, and the recommended requirements to be applied. The Director may
				approve the request only if the well drilling contractor or owner has clearly
				demonstrated that the variance will not adversely affect other water users or
				the local aquifers.
C. A variance
				shall not be effective until the well drilling contractor or owner receives
				from the Director a written approval of the variance and a new drilling card
				stamped "variance issued."
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 8 - WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS › Section R12-15-821 - Special Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
If the Director determines that the literal application of
				  the minimum well construction requirements contained in this Article would not
				  adequately protect the aquifer or other water users, the Director may require
				  that further additional measures be taken, such as increasing the length of the
				  surface seal or increasing the well's minimum distance from a potential source
				  of contamination.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 8 - WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS › Section R12-15-822 - Capping of Open Wells

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				owner of an open well shall either install a cap on the well or abandon the
				well in accordance with
				R12-15-816. Within
				five days after capping the well, the owner of the well shall file with the
				Department a notice of well capping on a form approved by the Director which
				shall include the following information:
1.
				The name and address of the well owner.
2. The name and address of the person
				installing the cap.
3. The well
				registration number.
4. The legal
				description of the location of the well.
5. The date the well was capped.
6. The method of capping.
7. The type and diameter of casing.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 8 - WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS › Section R12-15-850 - Evaluation of Notices of Intention to Drill; Notification of Registered Site Locations; Vertical Cross-contamination Evaluation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director shall, upon receipt of a
				complete and correct notice of intention to drill form required under A.R.S.
				§
									45-596,
				or upon receipt of an application for a permit under A.R.S. §
									45-597
				through
				45-599,
				identify whether the proposed well will be drilled within a groundwater basin
				or subbasin in which there exists a site listed on the registry established
				under A.R.S. §
									49-287.01(D).
				If the proposed well is situated within such a groundwater basin or subbasin,
				the Director shall notify the applicant and the authorized well drilling
				contractor in writing of the existence of the site and shall enclose a map
				indicating the boundaries of all listed sites within the groundwater basin or
				subbasin. The notification letter shall include the name, address, and
				telephone number of a Department contact person, along with a reference to the
				provision in R12-15-851 that requires the applicant to notify the Department in
				advance of the date drilling of the well will commence. The Department shall
				also specify in the notification letter whether the applicant is subject to the
				requirements of
				R12-15-851.
B. The Director shall, upon receipt of a
				complete and correct notice of intention to drill form required under A.R.S.
				§
									45-596,
				or upon receipt of an application for a permit under A.R.S. §
									45-597
				through
				45-599,
				identify whether the proposed well will be drilled within an area where
				existing or anticipated future groundwater contamination presents a risk of
				vertical cross-contamination, as defined in A.R.S. §
									49-281(15).
				If the Director determines that the proposed well will be drilled in such an
				area, and if the Director finds that the requirements of
				R12-15-811
				are insufficient to prevent the risk of vertical cross-contamination, the
				Director shall establish site-specific requirements pursuant to
				R12-15-812
				and
				R12-15-821.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 8 - WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS › Section R12-15-851 - Notification of Well Drilling Commencement

Current through Register Vol. 30, No. 28, July 12, 2024
A well owner who has been issued a drilling card for a notice
				  of intent to drill authorizing the drilling of a well located within a site
				  listed on the registry established under A.R.S. §
									49-287.01,
				  shall provide written notice to the Director indicating the date drilling will
				  commence. The well owner shall coordinate with the contracted well driller to
				  ensure that the Department receives proper notification under this Section.
				  This notification shall consist of a letter or facsimile transmission received
				  by the Department at least 2 business days before drilling commences at the
				  well site. The Department shall use notification letters required by
				  R12-15-850(A)
				  to inform well owners whether they are subject to the requirements of this
				  Section.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 8 - WELL CONSTRUCTION AND LICENSING OFWELL DRILLERS › Section R12-15-852 - Notice of Well Inspection; Opportunity to Comment

Current through Register Vol. 30, No. 28, July 12, 2024
A. At least 30 days before the beginning of a
				well inspection under A.R.S. §
									45-605(A),
				the Director shall notify in writing all potentially affected well owners of
				record within a community involvement area established under A.R.S. §
									49-289.02
				or within other areas that the Director has selected for inspection of wells
				that may be contributing to vertical cross-contamination. The notices shall
				include a map of the community involvement area, remedial site, or a subsection
				of either, that the Department intends to inspect, indicating the location of
				affected wells of record. The notice shall indicate the approximate date the
				inspection will start, the approximate duration of the inspection, an access
				agreement defining what specific activities will occur during a well
				inspection, and the name, address, and telephone number of a Department contact
				person.
B. Once the Director has
				given notice of a well inspection under A.R.S. §
									45-605(A),
				potentially affected well owners have 30 days from the date the letter is
				postmarked to comment on the proposed inspection. The Director, upon receiving
				a written request, may extend the comment period for a maximum of 30 additional
				days.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-901 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions set forth in A.R.S.
				  §§
									45-101 and
				  45-402,
				  the following words and phrases shall have the following meanings, unless the
				  context otherwise requires:
1. "Approved measuring device" means an instrument, approved
				  by the Director pursuant to
				  R12-15-903
				  or
				  R12-15-909(A)
				  which measures the volume or flow rate of water withdrawn, delivered, received,
				  transported, recharged, stored, recovered, or used, and which measurements,
				  when used with an approved measuring method, allow for accurate computation of
				  a volume of water.
2. "Approved measuring method" means a procedure, approved by
				  the Director in
				  R12-15-903
				  or
				  R12-15-909(A),
				  which, when used with an approved measuring device, will accurately calculate a
				  volume of water.
3. "Flow rate" or "discharge" means the volume of water,
				  including any sediment or other solids that may be dissolved or mixed with it,
				  which passes through a particular reference section in a unit of time.
4. "Measured system" means a system through which water
				  passes for the purpose of withdrawal, delivery, receipt, transportation,
				  recharge, storage, replenishment, recovery or use.
5. "Responsible party" means an irrigation district or a
				  person required by A.R.S. Title 45 or by a permit, rule, or order issued
				  pursuant to A.R.S. Title 45, to use a measuring device or method approved by
				  the Director.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-902 - Installation of Approved Measuring Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible party shall install an
				approved measuring device to monitor the volume of water withdrawn, delivered,
				transported, recharged, stored, replenished, recovered, and used.
B. A responsible party shall install and use
				a sufficient number of approved measuring devices to allow for the separate
				monitoring and reporting of the volume of water passing through the measured
				system pursuant to the following categories of rights:
1. Irrigation grandfathered rights,
2. Non-irrigation grandfathered
				rights,
3. Service area
				rights,
4. Groundwater withdrawal
				permits, and
5. Recovery well
				permits or water storage permits.
This subsection does not require separate measuring devices
				  for rights within each category unless otherwise required by A.R.S. Title 45, a
				  permit, rule, or order pursuant to that Title.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-903 - Approved Water Measuring Devices and Methods

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any measuring device is approved by the
				Director if it is installed, maintained, and used in accordance with the
				manufacturer's recommendations, and if it meets the accuracy requirements set
				forth in
				R12-15-905(A).
B. An approved measuring device shall be used
				with an approved measuring method set forth in
				R12-15-903(C)
				or an alternative measuring method approved by the Director as provided in
				R12-15-909(A).
C. The following water measuring methods are
				approved by the Director:
1. Totalizing
				measuring method: This method requires an approved measuring device which
				continuously records the volume of water passing through the measured
				system;
2. Electrical consumption
				measuring method: This method requires measurements of either pipeflow rates or
				open-channel flow rates used in combination with electrical energy
				records;
3. Natural gas consumption
				measuring method: This method requires measurements of either pipe flow rates
				or open channel flow rates used in combination with natural gas energy
				records;
4. Hour meter measuring
				method: This method requires measurements of either pipe flow rates or
				open-channel flow rates used in combination with hour meter readings;
5. Elapsed time of flow method: This method
				requires measurements of flow rates used in combination with elapsed time of
				the flow. This method may be used only by a responsible party who receives
				water from an open channel or by a person or entity who delivers water in an
				open channel to one or more grandfathered rightholders or permit holders, if it
				is not possible to use the electrical or gas consumption measurement methods or
				hour meter measuring method.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-904 - Water Measuring Method Reporting Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible party using one of the water
				measuring methods described in
				R12-15-903
				shall file, with the annual report required by A.R.S. Title 45 and on a form
				prescribed by the Director, the following information, unless that information
				has not changed from that submitted in the annual report filed in the previous
				calendar year.
1. The approved measuring
				method used;
2. The type of
				approved measuring device used;
3.
				The make, model, and size of the approved measuring device used.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-905 - Accuracy of Approved Measuring Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible party shall install,
				maintain, and use an approved measuring device and method in a manner which
				will ensure that its measurement error does not exceed 10% of the actual flow
				rate.
B. All measured systems shall
				be installed or constructed and thereafter maintained so as to allow the
				Director, using another measuring device, to check readily the accuracy of the
				measuring device utilized by the responsible party.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-906 - Repair and Replacement of Approved Measuring Devices

Current through Register Vol. 30, No. 28, July 12, 2024
If an approved measuring device fails to perform its
				  designated function for more than 72 hours, the responsible party shall notify
				  the Director of the failure, in writing, within seven calendar days after the
				  discovery of the failure of the device. The reason for such failure shall be
				  stated, as well as the estimated date of return to service of the device. If
				  the malfunction is discovered by the Director and the malfunction does not
				  appear to be the result of an attempt to render the device inaccurate, the
				  Director shall notify the responsible party of the malfunction. The responsible
				  party shall return the measuring device to full service within 30 days of
				  either original notice by the responsible party to the Director or by the
				  Director to the responsible party, unless repair or replacement service or
				  parts are not available. In such case, the responsible party shall notify the
				  Director of the delay within seven days and the reasons for it. The responsible
				  party shall take corrective action in such cases as soon as practical. In all
				  cases, the responsible party shall notify the Director within seven days when
				  the measuring device is returned to full service and shall submit on a form
				  prescribed by the Director estimates of the volume of water, if any, passing
				  through the measured system during the period the measuring device was out of
				  service and a description of the method used to calculate the
				  estimates.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-907 - Calculation of Irrigation Water Deliveries

Current through Register Vol. 30, No. 28, July 12, 2024
If one or more irrigation grandfathered rights receive water
				  by a common distribution system where water is measured with an approved device
				  or method at the point of delivery to the common distribution system, but not
				  at a point of delivery to each irrigation grandfathered right, each irrigation
				  grandfathered rightholder or agent shall report the water used by either of the
				  following methods:
1. Estimate the
				amount of water used based on a pro rata share of the acres irrigated,
				or
2. Estimate the amount of water
				used based on a combination of the pro rata share of the acres irrigated and
				the consumptive use of each crop grown.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-908 - Measurement of Water by One Person on Behalf of Another

Current through Register Vol. 30, No. 28, July 12, 2024
A responsible party shall be liable for any fines, penalties,
				  or other sanctions resulting from the installation, monitoring, use, or
				  accuracy of any measuring device, method, or recordkeeping, notwithstanding
				  that the installation, monitoring, use, or recordkeeping may have been done by
				  an agent of the responsible party.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 9 - WATER MEASUREMENT › Section R12-15-909 - Alternative Water Measuring Devices, Methods, and Reporting

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible
				party may use an alternative water measuring device or method that differs from
				those described in
				R12-15-903
				provided the device or method is approved in advance by the Director. The
				Director shall approve an alternative water measuring device or method if the
				device meets the requirements of
				R12-15-905.
				The Director may require from the responsible party such information as may be
				necessary to demonstrate that the alternative device or method meets the
				requirements of
				R12-15-905.
B. Responsible parties may substitute
				equivalent information for the information required on the annual report form
				or use reporting formats that differ from that required in
				R12-15-904,
				provided the substituted information or format is approved in advance by the
				Director.
C. Responsible parties
				may use estimation methods that differ from those described in
				R12-15-907
				provided they are approved in advance by the Director.
D. A municipal provider is exempted from the
				reporting requirements under
				R12-15-904
				and the provisions under
				R12-15-906
				pertaining to notification to the Director of measuring device malfunctions
				regarding metered service connections, unless required to report by A.R.S.
				Title 45 or by a permit, rule, or order issued pursuant to A.R.S. Title
				45.
E. Municipal providers and
				irrigation districts may notify the Director of measuring device malfunctions
				at the time of filing the annual report and in a manner that differs from the
				requirements of
				R12-15-906,
				provided the municipal provider or irrigation district implements a schedule of
				regular maintenance of measuring devices, repairs or replaces malfunctioning
				measuring devices within seven days of discovery of the malfunction, and the
				alternative notification is approved in advance by the Director.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1002 - Form of Annual Account or Annual Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person filing an annual account or an
				annual report shall do so on a form prescribed by the Director, unless the
				person has requested and received the Director's prior written approval to use
				an alternative form.
B. A person
				may file both an annual account and an annual report in one document. A person
				required to file an annual account shall designate in the annual account
				whether the annual account is being filed also as an annual report.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1003 - Accuracy of Annual Reports

Current through Register Vol. 30, No. 28, July 12, 2024
The quantity of water a responsible party reports in an
				  annual report as having been withdrawn, delivered, received, transported,
				  recharged, replenished, stored, recovered, or used during a year shall not
				  deviate from the quantity of water actually withdrawn, delivered, received,
				  transported, recharged, replenished, stored, recovered, or used by the
				  responsible party during the year unless both of the following apply:
1. The deviation is 10 percent or
				less.
2. The deviation is not the
				result of an intentional act of misrepresentation by the responsible
				party.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1004 - Annual Reports Filed on Behalf of a Responsible Party

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible party is liable for any
				fines, penalties, or other sanctions resulting from or attributable to the
				filing or content of an annual report filed on behalf of the responsible party
				by an irrigation district pursuant to A.R.S. §
									45-632,
				or by another person in a form acceptable to the Director.
B. If a responsible party has not filed an
				annual report for a calendar year, and the Department receives an annual report
				for that calendar year purportedly filed on behalf of the responsible party by
				an irrigation district pursuant to A.R.S. §
									45-632,
				or by another person in a form acceptable to the Director, there is a
				rebuttable presumption that the annual report was filed with the responsible
				party's knowledge, consent, and authorization.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1005 - Management Plan Monitoring and Reporting Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A responsible party who is required by a provision of a
				  management plan to comply with monitoring and reporting requirements shall
				  comply with such requirements and shall include all such information in an
				  annual account or annual report.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1006 - Reporting Requirements for Holders of Recovery Well Permits

Current through Register Vol. 30, No. 28, July 12, 2024
A responsible party recovering water during a year pursuant
				  to a recovery well permit shall include in the annual report required by A.R.S.
				  §
									45-875.01
				  the names of any persons, other than non-irrigation customers of cities, towns,
				  private water companies and irrigation districts, to whom the responsible party
				  delivered the recovered water during the year, the quantity of recovered water
				  delivered to each person named, and the uses to which the recovered water was
				  applied. If the recovered water included commingled groundwater, decreed or
				  appropriative surface water other than spillwater, central Arizona project
				  water, effluent or spillwater, the responsible party shall include in the
				  annual report an estimate of the quantity of each type of water delivered to
				  each person named in the annual report or put to a specific use by the
				  responsible party.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1007 - Reporting Requirements for Annual Account

Current through Register Vol. 30, No. 28, July 12, 2024
A person required to file an annual account pursuant to
				  A.R.S. §
									45-468
				  shall account for water provided to the following classes of users:
1. Cities and towns,
2. Private water companies,
3. Irrigation districts,
4. Dairies,
5. Metal mining facilities,
6. Cattle feed lots,
7. Turf-related facilities,
8. Sand and gravel facilities,
9. Electrical power generation
				facilities,
10. Other industrial
				users.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1008 - Information Required to Maintain an Operating Flexibility Account

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible
				party who withdraws, receives, or uses groundwater during a calendar year
				pursuant to an irrigation grandfathered right, including any in lieu water
				received pursuant to a groundwater savings facility permit issued pursuant to
				A.R.S. §
									45-812.01,
				shall include the following information for the calendar year in an annual
				report filed pursuant to A.R.S. §
									45-467
				or
				45-632:
1. The quantity of groundwater withdrawn from
				each well.
2. The quantity of
				groundwater withdrawn and delivered to another person for irrigation
				purposes.
3. The quantity of
				groundwater received from a city, town, private water company, or irrigation
				district, including any in lieu water received pursuant to a groundwater
				savings facility permit issued pursuant to A.R.S. §
										45-812.01.
4. The quantity of groundwater received from
				a person other than a city, town, private water company, or irrigation
				district, including any in lieu water received pursuant to a groundwater
				savings facility permit issued pursuant to A.R.S. §
										45-812.01.
5. The quantity of effluent
				received.
6. The quantity of
				decreed or appropriative surface water received, other than normal flow and
				spillwater.
7. The quantity of
				normal flow received.
8. The
				quantity of spillwater received.
9.
				The quantity of tailwater used.
10.
				The quantity of tailwater delivered in accordance with the provisions of
				R12-15-1010(A), and the farm or irrigation district to which the tailwater was
				delivered.
11. The quantity of
				central Arizona project water received.
12. The quantity of any surface water
				received and not accounted for pursuant to subsections (6) through (11) of this
				subsection.
13. The number of
				surface water right acres in the farm to which the irrigation grandfathered
				right is appurtenant.
14. The
				quantity of water used for the legal irrigation of acres in the farm to which
				irrigation grandfathered rights are not appurtenant. If the responsible party
				omits this information, the Director shall presume that the total amount of
				water received or used for the irrigation of the farm was applied to acres to
				which irrigation grandfathered rights are appurtenant.
15. Any other information the Director may
				reasonably require to accomplish the management goals of the applicable active
				management area.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1009 - Credits to Operating Flexibility Account

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as provided in subsection (B) of
				this Section and in
				R12-15-1010,
				if the total amount of water from all sources other than spillwater used by a
				farm for irrigation purposes in a calendar year is less than the farm's maximum
				annual groundwater allotment for the year, the Director shall register the
				difference as a credit to the farm's operating flexibility account.
B. If a farm is within the service area of a
				water deliverer, the Director shall reduce the credit as calculated pursuant to
				subsection (A) of this Section by an amount equal to the difference between the
				farm's pro rata share of the total quantity of decreed or appropriative surface
				water, other than normal flow or spillwater, delivered by the water deliverer
				during the year for use within its service area, and the quantity of water
				actually received by the farm during the year. The Director shall determine the
				farm's pro rata share by dividing the number of surface water right acres in
				the farm that are within the service area of the water deliverer by the total
				number of surface water right acres within the service area of the water
				deliverer, and multiplying the quotient by the total quantity of decreed or
				appropriative surface water, other than normal flow or spillwater, delivered by
				the water deliverer during the year for use within its service area.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1010 - Operating Flexibility Account; Tailwater

Current through Register Vol. 30, No. 28, July 12, 2024
A. When calculating credits or debits to a
				farm's operating flexibility account for a year, the Director shall exclude
				from the total amount of water used on the farm during that year the amount of
				any tailwater that originated on the farm and that was delivered from the farm
				to another farm or to an irrigation district for irrigation purposes during the
				year if all of the following apply:
1. Prior
				to January 1 of the year in which the deliveries of tailwater take place, the
				Director approves a written plan to measure and record the tailwater
				deliveries. The plan shall include:
a. The
				installation and use of a totalizing water measuring device that will record
				tailwater deliveries with no greater than a 10 percent margin of
				error.
b. Procedures for keeping
				accurate records of the tailwater deliveries.
c. A description of how the tailwater will be
				delivered.
d. An identification of
				the farm or irrigation district to which the tailwater will be
				delivered.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1011 - Statement of Operating Flexibility Account

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director shall annually issue to each
				owner or user of an irrigation grandfathered right for which a current annual
				report has been filed a statement of the operating flexibility account setting
				forth the status of the operating flexibility account for the farm, based on
				the information submitted in the annual report filed for the right.
B. Upon a motion or on the initiative of the
				Director, the Director may amend a statement of operating flexibility account
				at any time to correct clerical mistakes or to adjust the balance of the
				account based on information submitted in an amended or late annual report. The
				Director shall give written notice of any amendments made pursuant to this
				subsection to the person to whom the statement of operating flexibility account
				was issued.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1012 - Rule of Construction

Current through Register Vol. 30, No. 28, July 12, 2024
Nothing in A.A.C.
				  R12-15-1001 through
				  R12-15-1011
				  shall be construed to determine the legality of any water use for which an
				  accounting is required under these rules.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1013 - Retention of Records for Annual Accounts and Annual Reports

Current through Register Vol. 30, No. 28, July 12, 2024
The responsible party shall keep and maintain, for at least
				  three calendar years following the filing of an annual account or an annual
				  report, all records which may be necessary to verify the information and data
				  contained therein.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1015 - Reporting Requirements for Conveyances of Grandfathered Rights and Groundwater Withdrawal Permits

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who
				is required by A.R.S. §
									45-482
				to notify the Director of a conveyance of a grandfathered right shall file a
				notice of conveyance, on a form prescribed by the Director, within 30 days of
				the conveyance. All parties to the conveyance may use a single form for the
				required notice. Except provided in subsection (B) of this rule, the notice of
				conveyance shall include an accounting of the amount of water withdrawn or
				received pursuant to that grandfathered right from January 1 to the date of
				conveyance for that calendar year.
B. If the person to whom a grandfathered
				right is conveyed is unable, because of extraordinary circumstances and good
				cause shown, to perform the accounting otherwise required by subsection (A) of
				this rule, the Director may waive the requirement for that person.
C. If a person, including a person who is
				granted a waiver pursuant to subsection (B) of this rule, fails to include the
				required accounting in a timely filed notice of conveyance pursuant to
				subsection (A) of this rule, the Director shall determine the amount of
				groundwater withdrawn or received pursuant to the grandfathered right from
				January 1 to the date of conveyance for that calendar year. Such a person shall
				bear the burden, in any subsequent administrative or judicial proceeding, of
				establishing by clear and convincing evidence that the Director's determination
				was incorrect.
D. A person
				requesting the Director's approval of a proposed conveyance of a groundwater
				withdrawal permit pursuant to A.R.S. §
									45-520(B)
				 shall include with such request the quantity
				of groundwater withdrawn pursuant to the groundwater withdrawal permit for that
				calendar year and all other information required to be submitted pursuant to
				A.R.S. §
									45-632.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1016 - Spillwater Reporting by Water Deliverers

Current through Register Vol. 30, No. 28, July 12, 2024
A water deliverer that delivers spillwater during a year
				  shall include the following information in the annual account or annual report
				  submitted by the water deliverer for that year:
1. The total quantity of spillwater delivered
				for non-irrigation uses during the year.
2. The total quantity of spillwater delivered
				for irrigation uses during the year.
3. Any other information the Director may
				reasonably require to determine whether the water qualifies as spillwater under
				R12-15-1001(10).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 10 - REPORTING REQUIREMENTS FOR ANNUAL REPORTS, ANNUAL ACCOUNTS, OPERATING FLEXIBILITY ACCOUNTS, AND CONVEYANCES OF GROUNDWATER RIGHTS › Section R12-15-1017 - Maintenance and Filing of Annual Reports Required by A.R.S. Section 45-343

Current through Register Vol. 30, No. 28, July 12, 2024
A community water system required to file an annual report
				  under A.R.S. §
									45-343
				  shall maintain the report on a calendar year basis and shall file the report
				  with the Director no later than June 1 of each year for the preceding calendar
				  year.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 11 - INSPECTIONS AND AUDITS › Section R12-15-1101 - Inspections

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purpose
				of this rule, "inspection" means an entry by the Director at reasonable times
				onto private or public property for any of the following purposes:
1. To obtain factual data or access to
				records required to be kept under A.R.S. §§
										45-632,
				45-879.01,
				or
				45-1004.
2. To inspect a well or another facility for
				the withdrawal, transportation, use, measurement, or recharge of groundwater
				under A.R.S. §
										45-633.
3. To inspect a facility that is used for the
				purpose of water storage, stored water recovery, or stored water use under
				A.R.S. §
										45-880.01(A).
4. To inspect a body of water under A.R.S.
				§
										45-135
				or to ascertain compliance with A.R.S. Title 45, Chapter 1, Article
				3.
5. To inspect or to obtain
				factual data or access to records pursuant to any Section of A.R.S. Title 45
				that requires the Director to adopt rules for conducting inspections, examining
				records, and obtaining warrants.
6.
				To inspect facilities used for the withdrawal, diversion, or use of water
				pursuant to a water exchange under A.R.S. §
										45-1061.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 11 - INSPECTIONS AND AUDITS › Section R12-15-1102 - Audits

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purpose
				of this rule, "representative" means
1. An
				officer or director of a corporation subject to the audit,
2. A general partner of a partnership subject
				to the audit, or
3. A person who
				appears at an audit and produces a signed authorization to act on behalf of the
				person subject to the audit.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1201 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article
				applies to any artificial barrier meeting the specifications of A.R.S. §
									45-1201(1)
				 as interpreted by
				R12-15-1204.
				This Article applies to an application for the construction of a dam and
				reservoir; an application to reconstruct, repair, alter, enlarge, breach, or
				remove an existing dam and reservoir, including a breached or damaged dam;
				operation and maintenance of an existing dam and reservoir; and enforcement. A
				structure identified in R12-15-1203 is exempt from this Article.
B. This Article is applicable to any dam
				regardless of hazard potential classification, with the following exceptions:
1.
										R12-15-1208,
				R12-15-1209,
				R12-15-1213,
				R12-15-1221,
				R12-15-1225, and R12-15-1226 apply only to a dam classified as a high or
				significant hazard potential dam.
2.
										R12-15-1210
				applies only to a dam classified as a low hazard potential dam. A low hazard
				potential dam is exempt from
				R12-15-1208,
				R12-15-1209,
				R12-15-1211,
				R12-15-1213,
				R12-15-1221,
				R12-15-1225, and R12-15-1226.
3.
				R12-15-1211 applies only to a dam classified as a very low hazard potential
				dam. A very low hazard potential dam is exempt from
				R12-15-1208,
				R12-15-1209,
				R12-15-1210, R12-15-1212, R12-15-1213, R12-15-1215, R12-15-1216, R12-15-1221,
				R12-15-1225, and R12-15-1226.
4.
				R12-15-1216(B) applies only to an embankment dam.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1203 - Exempt Structures

Current through Register Vol. 30, No. 28, July 12, 2024
The following structures are exempt from regulation by the
				  Department:
1. Any artificial barrier
				identified as exempt on Table 1 and defined as follows:
a. Less than 6 feet in height, regardless of
				storage capacity.
b. Between 6 and
				25 feet in height with a storage capacity of less than 50 acre-feet.
c. Greater than 25 feet in height with 15
				acre-feet or less of storage capacity.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1204 - Provision for Guidelines

Current through Register Vol. 30, No. 28, July 12, 2024
The Department may develop and adopt substantive policy
				  statements that serve as dam safety guidelines to aid a dam owner or engineer
				  in complying with this Article. The Department recommends that dam owners and
				  engineers consult design guidelines published by agencies of the federal
				  government, including the U.S. Bureau of Reclamation, the U.S. Army Corps of
				  Engineers, the Natural Resources Conservation Service, and the Federal Energy
				  Regulatory Commission, for the design of concrete, roller compacted concrete,
				  stone masonry, timber, inflatable rubber, and mechanically-stabilized earth
				  dams. The Director may require that other criteria be used or revise any of the
				  specific criteria for the purpose of dam safety. An owner shall obtain advance
				  approval by the Director of design criteria.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1205 - General Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				owner is responsible for the safe design, operation, and maintenance of a dam.
				The owner shall operate, maintain, and regularly inspect a dam so that it does
				not constitute a danger to human life or property. The owner of a high or
				significant hazard potential dam shall provide timely warning to the Department
				and all other persons listed in the emergency action plan of problems at the
				dam. The owner shall develop and maintain effective emergency action plans and
				coordinate those plans with local officials as prescribed in
				R12-15-1221.
B. The owner shall
				conduct frequent observation of the dam, as prescribed in the emergency action
				plan and as follows:
1. The owner shall
				increase the frequency of observation when the reservoir is full, during heavy
				rains or flooding, and following an earthquake.
2. The owner shall report to the Director any
				condition that threatens the safety of the dam as prescribed in
				R12-15-1224(A).
				The owner shall make the report as soon as possible, but not later than 12
				hours after discovery of the conditions.
3. If dam failure appears imminent, the owner
				shall notify the county sheriff or other emergency official
				immediately.
4. The owner is
				responsible for the safety of the dam and shall take action to lower the
				reservoir if it appears that the dam has weakened or is in danger of
				failing.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Section R12-15-1206 - Classification of Dams

Current through Register Vol. 30, No. 28, July 12, 2024
A. Size
				Classification. Dams are classified by size as small, intermediate, or large.
				Size is determined with reference to Table 2. An owner or engineer shall
				determine size by storage capacity or height, whichever results in the larger
				size.
B. Hazard Potential
				Classification
1. The Department shall base
				hazard potential classification on an evaluation of the probable present and
				future incremental adverse consequences that would result from the release of
				water or stored contents due to failure or improper operation of the dam or
				appurtenances, regardless of the condition of the dam. The evaluation shall
				include land use zoning and development projected for the affected area over
				the 10 year period following classification of the dam. The Department
				considers all of the following factors in hazard potential classification:
				probable loss of human life, economic and lifeline losses, and intangible
				losses identified and evaluated by a public resource management or protection
				agency.
a. The Department bases the probable
				incremental loss of human life determination primarily on the number of
				permanent structures for human habitation that would be impacted in the event
				of failure or improper operation of a dam. The Department considers loss of
				human life unlikely if:
i. Persons are only
				temporarily in the potential inundation area;
ii. There are no residences or overnight
				campsites; and
iii. The owner has
				control of access to the potential inundation area and provides an emergency
				action plan with a process for warning in the event of a dam failure or
				improper operation of a dam.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Table 2 - Size Classification

Current through Register Vol. 30, No. 28, July 12, 2024
Category
Storage Capacity (acre-feet)
Height (feet)
Small
50 to 1,000
25 to 40
Intermediate
greater than 1,000 and not
						  exceeding 50,000
higher than 40 and not exceeding
						  100
Large
greater than 50,000
higher than 100
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 12 - DAM SAFETY PROCEDURES › Table 3 - Downstream Hazard Potential Classification

Current through Register Vol. 30, No. 28, July 12, 2024
Hazard Potential Classification
Probable Loss of Human Life
Probable Economic, Lifeline, and
						  Intangible Losses
Very Low
None expected
Economic and lifeline losses
						  limited to owner's property or 100-year floodplain. Very low intangible losses
						  identified.
Low
None expected
Low
Significant
None expected
Low to high
High
Probable - One or more expected
Low to high (not necessary for
						  this classification)