Arizona Laws 45-521. Permit application form; filing; contents
Application for a permit to withdraw groundwater pursuant to this article shall be made on a form provided by the director which shall include the following information:
Terms Used In Arizona Laws 45-521
- 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or, in the case of the Santa Cruz active management area, active management of any water, other than stored water, withdrawn from a well.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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- 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. The name and mailing address of the applicant.
2. The name of the active management area and sub-basin, if any, in which the applicant proposes to withdraw groundwater.
3. The name and mailing address of the owner of the land from which the applicant proposes to withdraw groundwater.
4. The legal description of the land on which the applicant proposes to use groundwater and the name and mailing address of the owner of such land.
5. The category of permit for which application is made.
6. The specific purpose for which the groundwater will be withdrawn.
7. If for a permit other than a permit issued under Section 45-519.01, subsection B, the annual amount of groundwater, in acre-feet, for which application is made.
8. If the applicant proposes to withdraw groundwater from an existing well or wells, the location of each such well and the depth and diameter of each well and such other information the director requires.
9. If the applicant proposes to withdraw groundwater from a new well or wells, the proposed location of each such well and the depth and diameter proposed for each well and such other information the director requires.
10. If application is made for a dewatering permit pursuant to section 45-513:
(a) The estimated amount of groundwater necessary to meet mineral extraction and metallurgical processing requirements of the applicant.
(b) The estimated amount of groundwater necessary for municipal and industrial needs of communities and residential areas directly related to the mineral extraction and metallurgical processing operation of the applicant.
(c) The legal description of the acres of land owned or controlled by the applicant entitled to the use of groundwater for irrigation.
11. If application is made for a mineral extraction and metallurgical processing permit pursuant to section 45-514:
(a) The amount of groundwater available to the applicant under a dewatering permit previously obtained by the applicant.
(b) The estimated cost the applicant would incur in withdrawing groundwater at a point where his wellhead or distribution system would otherwise be.
12. Whether the well from which the water will be withdrawn is in a groundwater replenishment district.
13. If application is made for a general industrial use permit pursuant to section 45-515:
(a) The estimated cost the applicant would incur in withdrawing groundwater at the point where his wellhead or distribution system would otherwise be.
(b) Proof of denial of service or inaction on a service request by a city, town or private water company if the location of the applicant’s intended use is within three miles of the exterior boundaries of the service area of such city, town or private water company. Such evidence is not required for an expanded animal industry use.
(c) Studies satisfactory to the director of the probable hydrologic impact on the groundwater resources which the applicant proposes to use including evidence of the availability of an assured water supply for the intended use.
14. If application is made for a temporary dewatering permit pursuant to section 45-518, evidence demonstrating that a temporary dewatering permit is necessary for the construction or structural integrity of improvements on the land from which the groundwater is proposed to be withdrawn. If application is made for extension of a temporary dewatering permit, the application shall include evidence demonstrating that the criteria prescribed by section 45-518, subsection B exist. If application is made for an emergency temporary dewatering permit, it must be accompanied by an application for a temporary dewatering permit and shall include evidence demonstrating that the criteria prescribed by section 45-518, subsection D exist.
15. If application is made for a drainage water permit pursuant to section 45-519:
(a) Evidence that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production on such lands.
(b) The legal description of the acres of land entitled to the use of groundwater for irrigation.
(c) Evidence that the applicant owns or controls the irrigated land to be drained, if the applicant is other than a groundwater replenishment district.
16. If application is made for a hydrologic testing permit pursuant to Section 45-519.01, subsection A:
(a) The purpose of the hydrologic testing.
(b) The proposed duration of the hydrologic testing.
17. If application is made for a hydrologic testing permit pursuant to Section 45-519.01, subsection B:
(a) The purpose of the hydrologic testing.
(b) The proposed duration of the hydrologic testing.
(c) The total amount of groundwater, in acre-feet, for which application is made.
(d) If the total amount of groundwater for which application is made exceeds ten acre-feet or the proposed duration of the hydrologic testing exceeds ninety days, the testing circumstances that require such withdrawals or such a testing period.
18. A sworn statement that the information contained in the application is true and correct to the best belief and knowledge of the applicant.
19. Any other information which the director may require.