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:
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.
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