Every developer proposing to build a new subdivision is required to demonstrate an AWS that will be physically, legally, and continuously available for the next 100 years before the developer can record plats or sell parcels. The Arizona Department of Real Estate will not issue a Public Report, which allows the developer to sell lots, without a demonstration of an AWS.
In 1995, the Department adopted AWS Rules to implement the AWS statutes. An important component of the AWS Rules is the requirement to demonstrate that renewable water supplies will be used rather than mined groundwater. This requirement did not apply to the Prescott AMA until 1999 when the AMA was declared to no longer be in a safe-yield condition.
The Santa Cruz AMA was established July 1, 1994 near the end of the period when the AWS Rules were being drafted. Consequently, it was not possible to include rule provisions that applied to the management goal of the Santa Cruz AMA at that time since goal criteria had not been developed. Although the general provisions apply, the Department is still developing specific AWS Rules for the Santa Cruz AMA where relatively limited groundwater storage capacity directly influences the availability of water supplies and where the hydrologic situation may affect the course of population growth in this AMA.
Following adoption of the AWS Rules, rapid population growth in the Pinal AMA led to modification of the AMA’s AWS Rules in order to reduce the over allocation of unreplenished groundwater supplies. This rule change, which took effect on October 1, 2007, substantially reduced the volume of groundwater that can be used without replenishment by new developments, from close to 100% under the old rules to as little as 10% under the new rules.
Under the AWS Rules, developers can prove a 100-year water supply by satisfying the requirements to obtain a Certificate of AWS or by a written commitment of service from a provider with a Designation of AWS. The AWS Rules list in detail what an applicant for a Certificate of AWS or a Designation of AWS must demonstrate. In addition to securing a water supply that is physically, legally, and continuously available for the next 100 years, to obtain a Certificate the developer must prove that the supply is of sufficient quality and is consistent with the AMA management goal and management plan. Finally, the developer must demonstrate the financial capability to construct any necessary water storage, treatment, and delivery systems. Water providers seeking a Designation of AWS must demonstrate a 100-year water supply for their entire service area for both current and committed demand, as well as projected demand. A list of Designated water providers in the planning area can be found in Table 8.0-6.
Before the AWS program was created in 1980, the Adequate Water Supply program was effective statewide. This program was created in 1973 as a consumer protection program and is still in effect outside the AMAs. If a developer can successfully demonstrate that water of sufficient quality will be physically, legally and continuously available for the next hundred years, the Department will issue a Water Adequacy Report with a determination that the water supply is adequate. If the Department determines that there is an inadequate water supply, the developer can still sell the lots in most areas but must disclose this fact to potential buyers.5 Because the Adequate Water Supply program was in effect in the planning area prior to 1980, some Water Adequacy Reports issued for older developments in the AMAs exist.
Prior to obtaining a Certificate of AWS, developers also have the option to obtain an Analysis of AWS (Analysis). An Analysis is generally used to prove that water will be physically available for master planned communities but may be used to demonstrate other criteria required for a Certificate of AWS. An applicant for an Analysis must demonstrate that one or more of the requirements for an AWS are met, but need not demonstrate that all have been met. If an Analysis is issued for groundwater, it reserves a specific volume of water for 10 years for the specific property that is the subject of the Analysis. However, an Analysis cannot be used to obtain a Public Report and must be followed by a complete demonstration of all the criteria to obtain a Certificate of AWS.
A summary of the planning area’s AWS determinations through 2008, including AWS Certificates (27’s), Analysis of AWS (28’s), Water Adequacy Reports (53’s) and AWS Designations (26’s) can be found in Table 8.0-7. Detailed information on individual determinations are found in the AMA Assured Water Supply sections, 8.1.9 - 8.5.9. Up to date information on certificate and designation applications and issuances are found on the Department’s website. |