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updated Oct. 12, 2006

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Assured/Adequate Water

Pending Applications Status

For a status list of pending applications of assured or adequate water supply, click here or pdf PDF

If you have any questions please call the Phoenix AMA section of the Arizona Department of Water Resources at 602-771-8585.

Hydrologic Guidelines

Click here to view the substantive policy statement.

Assured and Adequate Water Supply, Rule Modification Technical Corrections, Depth Exemption, Grey Water, and Importation Priority

NewCurrently the Department is working with stakeholder groups to modify the Assured and Adequate Water Supply rules. The Department is modifying the Assured Water Supply rules for the Santa Cruz AMA. For the latest information on this process click here. Aditionally, the Department is modifying the Water Adequacy Rules as required under SB 1575 passed by the legislature in 2007. SB 1575 allows local platting entities (counties, cities and towns) to require water adequacy determinations for new subdivisions for the latest information on this process click here.

The Arizona Department of Water Resources established an informal stakeholder group to facilitate public input on proposed rule modification of the assured and adequate water supply rules. In addition to technical correction of drafting errors, the proposed rules will cover three areas: modification of the depth exemption rule in the adequacy program, rule on the inclusion of grey water for assured and adequate water supply applications, and a rule clarifying the relative priority dates for areas involving importing groundwater into Active Management Areas (AMA’s). A brief summary of the proposed changes is available here (Proposed Changes Summary). MS-Word Document - Click to download required viewer.

A full description of the changes and the draft rule language itself is available here (Rule Summary Draft). MS-Word Document - Click to download required viewer.
Click here to view the Rule by Rule Summary . PDF

Public Notice of Assignment of Certificate of Assured Water Supply

Effective Tuesday May 18, 2004 in accordance with HB 2278, the Public Notice of Assignment of Certificate of Assured Water Supply can be found here.
 

Public Notice of Determinations of Adequate/Inadequate Water Supply

First available Thursday December 16, 2004, the Public Notice of Determinations of Adequate/Inadequate Water Supply is now available.
 

Assured and Adequate Water Supply Proposed Rulemaking

On April 3, 2007, the Governor's Regulatory Review Council ("GRRC") approved the Notice of Final Rulemaking for the Pinal AMA AWS rules and submitted them to the Secretary of State's office on the same day. The rules will become effective on October 1, 2007.

For more information on the changes that will take effect on October 1, 2007, please review the Notice of Final Rulemaking in the Arizona Administrative Register at 13 A.A.R. 1394 (April 20, 2007), which can also be found on the Secretary of State's website at http://www.azsos.gov/public_services/Register/2007/16/final.pdf. Offsite Icon

To view an unofficial, unmarked version of the rule language that will take effect on October 1, 2007, click here. PDF Please note that if there are differences between the unofficial version and the version published by the Secretary of State, the official version published by the Secretary of State shall take precedence.
 

Office Of Assured & Adequate Water Supply

New Assured and Adequate Water Supply rules effective September 12, 2006
Official publication by the Secretary of State: click here

The Office of Assured and Adequate Water Supply manages applications for both the Assured Water Supply program and the Adequate Water Supply program.  The Assured Water Supply Program covers subdivisions within Active Management Areas (AMAs) while the Adequate Water Supply Program covers developments outside of the AMAs.  Four types of applications are processed in each of these roughly parallel programs:  Physical Availability Demonstration (PAD), Designation of Assured (or Adequate) Water Supply, Analysis of Assured (or Adequate) Water Supply, and either Certificate of Assured Water Supply or Water Adequacy Report.  For application forms, click here.  For a spreadsheet that helps estimate total projected demand for the proposed subdivision—needed on the application—click here.

Both programs are driven by the

definition of a subdivision from the Arizona Department of Real Estate (ADRE) as six or more parcels with at least one parcel having an area less than 36 acres.  This includes residential or commercial subdivisions, stock cooperatives, condominiums, and all lands subdivided as part of a common promotional plan (including golf courses, parks, schools, and other amenities).  Short-term leases (12 months or less) and subdivisions where all parcels are greater than 36 acres in size do not fall under this definition.   If the proposed development does not meet the definition of a subdivision, then neither program applies.

The Assured Water Supply program was created as part of the historic 1980 Groundwater Management Act, and operates within Arizona’s five Active Management Areas.  Every developer is required to demonstrate an assured water supply that will be physically, legally, and continuously available for the next 100 years before the developer can record plats or sell parcels.  The ADRE will not issue a public report, which allows the developer to sell lots, without a demonstration of an assured water supply.  The developer can prove a 100 year supply by satisfying the requirements to obtain a Certificate of Assured Water Supply or by a written commitment of service from a provider with a Designation of Assured Water Supply.

Applications for Certificates of Assured Water Supply comprise the majority of applications processed within the Assured Water Supply program.  Other types, such as PADs or Analyses (but not Designations) usually lead to the issuance of one or more Certificates for a subdivision or master planned community, but do not demonstrate an assured water supply in and of themselves.  In order to obtain a Certificate of Assured Water Supply, five criteria must be met:

1.      The water supply must be physically, legally, and continuously available for the next 100 years.

2.      The water must meet water quality standards or be of sufficient quality.

3.      The proposed water use must be consistent with the management goal of the AMA.

4.      The proposed water use must be consistent with the current management plan of the AMA.

5.      The developer must demonstrate the financial capability to construct any necessary water storage, treatment, and delivery systems.

The Department reviews each application under a 210 day time frame.  Incomplete or incorrect applications or lack of supporting documentation lengthen the actual review period.  The time frame does not apply while the Department is waiting for the applicant to respond to requests for additional information.  For a summary of the Assured Water Supply program, see the brochure at the bottom of this page or click here</span>.  For a detailed description of the program, click here</span>.  For frequently asked questions, click here.

The Adequate Water Supply program, first created in 1973, operates outside of the Active Management Areas as a consumer protection program.  Developers are required to obtain a determination from the Department concerning the quantity and quality of water available before the ADRE will allow any lot sales.  If the application for a Water Adequacy Report successfully demonstrates that water of sufficient quality will be physically, legally, and continuously available for the next 100 years, then the Department will determine the water supply to be adequate.  If the water supply is determined to be inadequate, the developer may still sell lots, but the inadequate determination must be disclosed to potential buyers in the public report approved by ADRE and in all promotional materials.  If a provider with a Designation of Adequate Water Supply will serve the proposed subdivision, then the developer only has to provide a written commitment of service from the designated provider.

For more general information on the Adequate Water Supply program, see the brochure at the bottom of this page or click here.  For a list of Water Adequacy Report applications that have recently received a determination as either adequate or inadequate, scroll down to the heading entitled “Determinations of Adequate Water Supply.”
 

Determinations of Adequate Water Supply

The following is a list of recently issued Designations of Adequate Water Supply and Water Reports determining adequate or inadequate subdivision water supply in areas located outside of active management areas in the state, pursuant to A.R.S. § 45-108. The list is provided for public information purposes only and is not public notice of pending applications before ADWR pursuant to A.A.C. R-12-15-721 or A.R.S. § 45-578.
 

ADEQUATE

INADEQUATE

APPLICATION FOR PHYSICAL AVAILABILITY DEMONSTRATION (PAD)

Demand Calculator

Use this Excel 2000 applet to calculate the water demand for your proposed subdivision.  Enter the Active Management Area in the first blue box, following instructions, and relevant values in subsequent blue boxes.

The spreadsheet will automatically calculate an estimate for your subdivision’s water demand, which should then be entered on your application. Click for Demand Calculator.
 

Forms

Water Adequacy Program Summary
How to meet the standards to demonstrate an adequate supply of water... (
more>>)

Assured Water Supply Program Brochure
Table of Contents
HISTORY OF THE ASSURED WATER SUPPLY PROGRAM
AWS APPLICATIONS AND ENFORCEMENT
ASSURED WATER SUPPLY REGULATIONS FOR SUBDIVISIONS... (
more >>)

ADDITIONAL FORMS
 

Frequently Asked Questions

Answers to common questions about Assured and Adequate Water Supply are in our FAQ section.

 

 

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