Arizona Laws 45-515. General industrial use permits; conditions for issuance; duration of permit
A. Except as provided in subsection D of this section, the director shall issue a permit to withdraw groundwater from a point outside of the exterior boundaries of the service area of a city, town or private water company for a general industrial use outside of the exterior boundaries of such service area if the director determines that all of the following apply:
Terms Used In Arizona Laws 45-515
- Active management area: means a geographical area that has been designated pursuant to article 2 of this chapter as requiring active management of groundwater or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well. See Arizona Laws 45-402
- Animal industry use: means the production, growing and feeding of livestock, range livestock or poultry, as such terms are defined in section 3-1201. See Arizona Laws 45-402
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Effluent: means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to Title 49, Chapter 2. See Arizona Laws 45-101
- General industrial use: means a non-irrigation use of groundwater except those subject to permits issued pursuant to sections 45-513 and 45-514 and those for which a certificate of assured water supply is required pursuant to section 45-576. See Arizona Laws 45-511
- Groundwater: means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. See Arizona Laws 45-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Permit: means a permit to withdraw groundwater which is issued by the director pursuant to this article. See Arizona Laws 45-511
- Private water company: means :
(a) With respect to areas outside an active management area and with respect to an active management area other than the Santa Cruz active management area, any entity that distributes or sells groundwater, except a political subdivision or an entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity. See Arizona Laws 45-402
- replenishment district: means a district that is established pursuant to Title 48, Chapter 27. See Arizona Laws 45-402
- Service area: means :
(a) With respect to a city or town, the area of land actually being served water, for a non-irrigation use, by the city or town plus:
(i) Additions to such area that contain an operating distribution system owned by the city or town primarily for the delivery of water for a non-irrigation use. See Arizona Laws 45-402
- Surface water: means the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. See Arizona Laws 45-101
- town: means a city or town incorporated or chartered under the constitution and laws of this state. See Arizona Laws 45-402
- Well: means a man-made opening in the earth through which water may be withdrawn or obtained from beneath the surface of the earth except as provided in Section 45-591. See Arizona Laws 45-402
1. Uncommitted municipal and industrial central Arizona project water is not available at the point where the operator’s wellhead or distribution system would otherwise be, at a cost which does not exceed the current municipal and industrial central Arizona project rates.
2. Other surface water of adequate quality or effluent of adequate quality is not available at the point where the operator’s wellhead or distribution system would otherwise be, at a cost, including treatment costs, which does not exceed by twenty-five per cent the cost the operator would otherwise incur in withdrawing groundwater.
3. Irrigation grandfathered rights appurtenant to acres of land in reasonable proximity to the intended general industrial use are not available for purchase at a reasonable price or cannot be acquired by eminent domain and the applicant does not own or lease grandfathered rights that the applicant is not using or leasing, that may be used for the intended general industrial use and that can be used for the intended general industrial use without imposing an unreasonable economic burden on the applicant.
4. The intended general industrial use, if located within three miles of the exterior boundaries of the service area of a city, town or private water company, has been denied service by the city, town or private water company at the customary rate in the customary manner. The requirement of this paragraph does not apply to an expanded animal industry use.
5. The management plan for the active management area can be adjusted to accommodate the intended general industrial use consistent with the achievement of the management goal for the active management area.
6. There is an assured water supply for the intended use at the intended point of withdrawal. The director may waive this requirement if the director is unable to determine if there is an assured water supply because of hydrogeologic conditions underlying the point of withdrawal. For purposes of this section, "assured water supply" means that sufficient groundwater of adequate quality will be available to the applicant to satisfy the projected general industrial use for the duration of the permit.
7. If a new well or replacement well at a new location is to be constructed, a permit for the well has been issued pursuant to section 45-599.
B. A permit issued pursuant to this section shall be granted for a period of up to fifty years, subject to renewal under the same criteria used in granting the original permit.
C. If, during the life of the permit, the director determines that uncommitted municipal and industrial central Arizona project water is available or other water or effluent of adequate quality is available at a cost comparable to groundwater, the director may require the permittee to use such water in lieu of groundwater.
D. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to Section 45-576.02, subsection A, paragraph 1, and except for an application to renew a general industrial use permit, on receiving a permit application the director shall not issue a permit for a well in the district unless at the time the application is filed:
1. The director has determined that the district’s plan for operation is consistent with achieving the management goal, according to Section 45-576.03, subsection E, and the designation has not expired.
2. The master replenishment account, as established in section 45-676, does not have a debit balance in an amount in excess of the amount allowed under Section 45-576.01, paragraph 3.