Chapter 48 - 432R - H Ver of SB1202 - Title: water recharge; regulation
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Chapter 48 - 432R - H Ver of SB1202
Reference Title:
water recharge; regulation
AN ACT
AMENDING SECTION 45-871.01, ARIZONA REVISED STATUTES; RELATING TO UNDERGROUND
WATER STORAGE, SAVINGS AND REPLENISHMENT.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-871.01, Arizona Revised Statutes, is amended to
read:
45-871.01
.
Permit application; fee; notice of application; objections; hearing; appeal
A. The director shall prescribe and furnish application forms for the
permits prescribed by articles 2 and 3 of this chapter. The application
forms shall require the applicant to submit the information needed by the
director to determine whether the permit may be issued. The director shall
establish and collect a reasonable fee from the applicant to cover the cost
of administrative services and other expenses associated with evaluating and
issuing each permit. All fees collected pursuant to this subsection shall
be remitted pursuant to section 45-615, paragraph 1.
B. On receipt of an application for a permit pursuant to this chapter,
the director shall endorse on the application the date of its receipt and
shall keep a record of the application. The director shall conduct a review
of the application within one hundred days of receipt of the application. If
the director determines in the review that the application is incomplete or
incorrect, the director shall notify the applicant and the review period is
extended by fifteen days. The application is incomplete or incorrect until
the applicant files the information requested in the application. The
director may conduct independent investigations as necessary to determine
whether the application should be approved or rejected.
C. If the application is for water storage at an underground storage
facility that is exempt from the requirement for an aquifer protection permit
under section 49-250, subsection B, paragraph 12, 13 or 24, the director of
water resources shall consult with the director of environmental quality and
shall develop a coordinated and unified permit review process, which conforms
to the time schedule prescribed by this section, to determine whether the
permit application is correct and whether the development of a plan of action
for monitoring and data analysis shall be required.
D. Except as provided in subsection E of this section, if the
application is determined to be complete and correct and the application is
for a storage facility permit or a water storage permit, the director, within
fifteen days of that determination or a longer period if requested by the
applicant, shall give notice of the application once each week for two
consecutive weeks in a newspaper of general circulation in the county or
counties in which persons reside who could reasonably be expected to be
affected by the water storage. The director shall also give notice by first
class mail to each city, town, private water company, irrigation district and
electrical district that serves land within the area of impact of the stored
water. The notice shall state that persons who may be adversely affected by
the water storage may file written objections to the issuance of the permit
with the director for fifteen days after the last publication of notice. An
objection shall state the name and mailing address of the objector, shall be
signed by the objector or the objector's agent or attorney and shall clearly
set forth the reasons why the permit should not be issued. The grounds for
objection are limited to whether the application meets the criteria for
issuing the permit being requested as prescribed by articles 2 and 3 of this
chapter.
E. If the application is determined to be complete and correct and the
application is for a water storage permit to store Colorado river water at
a storage facility where storage of Colorado river water has previously been
permitted, the director may issue the permit within twenty days of that
determination if all of the following apply:
1. The holder of the storage facility permit with which the water
storage permit will be affiliated has consented to the water storage.
2. The water storage permit will not require a modification of an
affiliated water storage facility permit.
3. Colorado river water will be the only type of water stored under
the water storage permit.
4. The applicant has the right to use the Colorado river water.
F. Except as provided in section 45-834.01, subsection D, if the
application is determined to be complete and correct and the application is
for a recovery well permit, the director, within fifteen days of the
determination or a longer period if requested by the applicant, shall give
notice of the application once each week for two consecutive weeks in a newspaper of general circulation in the county in which the applicant
proposes to recover stored water. If the application is for a well located
inside of or within three miles of the exterior boundaries of the service
area of a city, town, private water company or irrigation district, the
applicant shall give notice of the application by first class mail to each
city, town, private water company or irrigation district within that
distance. The applicant shall file proof of the notice with the director.
The notice shall state that persons who may be adversely affected by the
recovery well may file written objections to the issuance of the permit with
the director for fifteen days after the last publication of notice. An
objection shall state the name and mailing address of the objector, shall be
signed by the objector or the objector's agent or attorney and shall clearly
set forth reasons why the permit should not be issued. The grounds for
objection are limited to whether the application meets the criteria for
issuing a recovery well permit as set forth in section 45-834.01, subsection
B. For the purposes of this subsection, if the proposed recovery well is
located within three miles outside of the exterior boundaries of the service
area of a city, town, private water company or irrigation district, a city,
town, private water company or irrigation district within that distance shall
be considered a person who may be adversely affected by the recovery well.
G. In appropriate cases, including cases in which a proper objection
to the permit application has been filed, the director may hold a hearing.
At least thirty days before the hearing, the director shall notify the
applicant and any person who filed a proper objection to the issuance of the
permit. The hearing shall be scheduled for at least sixty days but not more
than ninety days after the expiration of the time in which to file
objections. The hearing shall be conducted as provided in section 45-480,
subsection B.
H. If a hearing is held, the director shall issue a decision and order
either affirming or modifying the hearing officer's determination within six
months of the notice of the hearing, or within ninety days in the case of an
application under article 6 of this chapter. If a hearing is not held, the
director shall issue a decision and order within six months of the date
notice of the application is first given pursuant to subsection D or F of
this section, or within ninety days in the case of an application under
article 6 of this chapter. The director shall record and endorse the
approval or rejection of the application on the application. If the permit
is denied, the director shall return a copy of the application to the
applicant specifically stating the reasons for denial.
I. The applicant or any person who filed a proper objection to the
application may appeal the decision to superior court as provided in section
45-405.
J. ON RECEIPT OF AN APPLICATION FOR A PERMIT PURSUANT TO THIS SECTION, THE DIRECTOR SHALL PROVIDE WRITTEN NOTICE OF THE PROPOSED PERMIT TO THE CITY,
TOWN OR COUNTY THAT HAS LAND USE JURISDICTION OVER THE SITE THAT IS THE
SUBJECT OF THE PERMIT. THE NOTICE SHALL BE GIVEN AT THE SAME TIME AND IN THE
SAME MANNER AS THE NOTICES PRESCRIBED BY SUBSECTIONS D AND F IN ORDER TO
PROVIDE THE CITY, TOWN OR COUNTY WITH THE OPPORTUNITY TO COMMENT ON THE
PROPOSED FACILITY'S OR WELL'S COMPLIANCE WITH SITE PLANNING AND OPERATIONAL
REQUIREMENTS OF THE CITY, TOWN OR COUNTY. THIS SUBSECTION SHALL NOT BE
CONSTRUED TO LIMIT THE EXCLUSIVE AUTHORITY OF THE DIRECTOR TO DETERMINE THE
ISSUANCE OF THE PERMIT OR THE SITE OF THE FACILITY OR WELL OR TO REDUCE THE
AUTHORITY OF THE CITY, TOWN OR COUNTY TO ENFORCE ITS APPLICABLE ORDINANCES
GOVERNING SITE PLANNING AND OPERATIONAL REQUIREMENTS.
APPROVED BY THE GOVERNOR MAY 4, 1998.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 4, 1998.
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