Recharge Substantive Policy Statements
The Arizona Department of Water Resources has adopted several substantive policy statements to clarify the process and application requirements for recharge program permits. The "Technical and Financial Capability/Unreasonable Harm and Hydrologic Feasibility" policy statement was adopted on May20, 2013. The guidance provided in these policy statements has been incorporated into the Underground Storage Facility Permit Application Guide. The "Multiple-Benefit Underground Storage Facilities" and "Pilot-Scale Underground Storage Facility Application Process" policy statements were adopted on June 24, 2004. The text of the Substantive Policy Statements can be accessed through the links below.
These substantive policy statements are advisory only. Substantive policy statements do not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona administrative procedure act. If you believe these substantive policy statements impose additional requirements or penalties on regulated parties you may petition the agency under Arizona Revised Statutes § 41-1033 for a review of the statement.
Arizona Court of Appeals Opinion on Unreasonable Harm as it
Applies to Sand and Gravel Facilities
On November 10, 2008, the Arizona Court of Appeals issued an Opinion in the case of Southwest Sand & Gravel, Inc. v. Central Arizona Water Conservation Dist., 221 Ariz. 309, 212 P.3d 1 (Ct. App. 2008). The case was brought by the operator of a sand and gravel facility who alleged that rising water levels caused by CAWCD’s storage of water pursuant to an underground storage facility permit issued by the Department interfered with its ability to deepen its sand and gravel pits. In a published Opinion, the Court of Appeals accepted the Departments interpretation of the “no unreasonable harm” requirement in A.R.S. § 45-811.01(C)(3), which is that a sand and gravel pit is entitled to protection from unreasonable harm only at the maximum depth of the pit at the time the application for the underground storage facility permit is determined to be complete and correct, and not as the pit is deepened. Click here to view the Court of Appeals’ Opinion.
Recharge Section Navigation Links
Use the above links to navigate the Recharge Section