Application for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir - Arizona

This "Application for Permit to Appropriate Public Water of the State of Arizona or to Construct a Reservoir" is a part of the paperwork released by the Arizona Department of Water Resources specifically for Arizona residents.

The latest fillable version of the document was released on March 1, 2016 and can be downloaded through the link below or found through the department's forms library.

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APPLICATION GUIDELINES
PERMIT TO APPROPRIATE PUBLIC WATER OF THE STATE OF ARIZONA OR TO
CONSTRUCT A RESERVOIR
In accordance with Arizona Revised Statutes (A.R.S.) §§ 41-1008 and 41-1079, the Arizona
Department of Water Resources (Department), Surface Water Permit Unit, provides the following
information regarding the application review process to assist applicants with a Permit to
Appropriate Public Water of the State of Arizona or to Construct a Reservoir.
I.
FEES
The initial application fee for an APPLICATION FOR PERMIT TO APPROPRIATE
PUBLIC WATER OF THE STATE OF ARIZONA OR TO CONSTRUCT A RESERVOIR is
$1,000.00 Total fees for this application are based upon an hourly billable rate, which can be
found on the Department Website located at www.azwater.gov. If the costs of reviewing your
application exceed $1,000.00, you will be invoiced for the difference, up to a maximum total
fee of $10,000.00. Payment may be made by cash, check, or credit card (if you wish to pay by
credit card, please contact the Surface Water Permit Unit at 602-771-8621). Checks should be
made payable to the Arizona Department of Water Resources. In addition to the hourly application
fee, the applicant shall pay: (1) mileage expenses for traveling to and from a site inspection
calculated at the rate set by the Arizona Department of Administration for state travel by motor
vehicle and (2) the actual cost of mailing or publishing any legal notice of the application. Failure to
enclose the initial application fee will cause the application to be returned. Fees for an
APPLICATION FOR PERMIT TO APPROPRIATE PUBLIC WATER OF THE STATE OF ARIZONA
OR TO CONSTRUCT A RESERVOIR are authorized by Arizona Administrative Code (A.A.C.)
R12-15-103.
II.
STEPS FOR PROCESSING YOUR APPLICATION AND OBTAINING APPROVAL
Before filing your application, the Department encourages you to contact Department
personnel indicated at the end of these guidelines to discuss the application process and review
criteria. If you wish, a meeting may be scheduled to facilitate this process. To assist you in
understanding the substantive requirements for this application, copies of A.R.S. §§ 45-152 and 45-
153 are provided for your information.
It is imperative that you complete the application form in its entirety. An incomplete or
incorrect application may result in a delay in processing your application. Please send the
application to the address indicated on the form along with any required initial application fees and
supporting documentation. The Department suggests that you retain a copy of all documents that
are submitted for review. The first step in perfecting a water right is to obtain a Permit to
Appropriate. The licensing time frame associated with this process is 450 days. The second step in
perfecting a water right is to obtain a Certificate of Water Right. This is initiated by filing an
APPLICATION FOR CERTIFICATE OF WATER RIGHT (PROOF OF APPROPRIATION) with the
initial application fees authorized by A.A.C. R12-15-103.
Page 1 of 10
Revised 03/2016
APPLICATION GUIDELINES
PERMIT TO APPROPRIATE PUBLIC WATER OF THE STATE OF ARIZONA OR TO
CONSTRUCT A RESERVOIR
In accordance with Arizona Revised Statutes (A.R.S.) §§ 41-1008 and 41-1079, the Arizona
Department of Water Resources (Department), Surface Water Permit Unit, provides the following
information regarding the application review process to assist applicants with a Permit to
Appropriate Public Water of the State of Arizona or to Construct a Reservoir.
I.
FEES
The initial application fee for an APPLICATION FOR PERMIT TO APPROPRIATE
PUBLIC WATER OF THE STATE OF ARIZONA OR TO CONSTRUCT A RESERVOIR is
$1,000.00 Total fees for this application are based upon an hourly billable rate, which can be
found on the Department Website located at www.azwater.gov. If the costs of reviewing your
application exceed $1,000.00, you will be invoiced for the difference, up to a maximum total
fee of $10,000.00. Payment may be made by cash, check, or credit card (if you wish to pay by
credit card, please contact the Surface Water Permit Unit at 602-771-8621). Checks should be
made payable to the Arizona Department of Water Resources. In addition to the hourly application
fee, the applicant shall pay: (1) mileage expenses for traveling to and from a site inspection
calculated at the rate set by the Arizona Department of Administration for state travel by motor
vehicle and (2) the actual cost of mailing or publishing any legal notice of the application. Failure to
enclose the initial application fee will cause the application to be returned. Fees for an
APPLICATION FOR PERMIT TO APPROPRIATE PUBLIC WATER OF THE STATE OF ARIZONA
OR TO CONSTRUCT A RESERVOIR are authorized by Arizona Administrative Code (A.A.C.)
R12-15-103.
II.
STEPS FOR PROCESSING YOUR APPLICATION AND OBTAINING APPROVAL
Before filing your application, the Department encourages you to contact Department
personnel indicated at the end of these guidelines to discuss the application process and review
criteria. If you wish, a meeting may be scheduled to facilitate this process. To assist you in
understanding the substantive requirements for this application, copies of A.R.S. §§ 45-152 and 45-
153 are provided for your information.
It is imperative that you complete the application form in its entirety. An incomplete or
incorrect application may result in a delay in processing your application. Please send the
application to the address indicated on the form along with any required initial application fees and
supporting documentation. The Department suggests that you retain a copy of all documents that
are submitted for review. The first step in perfecting a water right is to obtain a Permit to
Appropriate. The licensing time frame associated with this process is 450 days. The second step in
perfecting a water right is to obtain a Certificate of Water Right. This is initiated by filing an
APPLICATION FOR CERTIFICATE OF WATER RIGHT (PROOF OF APPROPRIATION) with the
initial application fees authorized by A.A.C. R12-15-103.
Page 1 of 10
Revised 03/2016
III.
TIME FRAMES FOR REVIEW OF YOUR APPLICATION AND ISSUANCE OF A PERMIT
Within 450 days after receipt of your application, the Department will determine whether your
application should be granted or denied, unless this time is extended as described below. In
processing your application, the Department will first determine whether the application is
administratively complete (administrative completeness review) and then whether the application
meets the substantive criteria established by statute or rule (substantive review). Each of these
reviews will be completed within the times stated below.
The time for the administrative
completeness review plus the time for the substantive review is referred to as the overall time frame.
A.
Administrative Completeness Review Time Frame
Within 30 days after receipt of your application, the Department will determine
whether your application is complete and will issue a written notice of administrative
completeness or deficiencies. After your application is complete, the Department will
proceed with substantive review.
If the Department sends you a Notice of Deficiency, the Department will include a
comprehensive list of specific deficiencies. Until the missing information is received, both
the administrative completeness review and the overall time frames will be suspended.
When the Department receives the missing information, the administrative completeness
review and overall time frames will resume. Your application will not be complete until all of
the requested information is received. If you do not supply the missing information within 60
days, the Department may deem your application withdrawn and close the file.
B.
Substantive Review Time Frame
Within 420 days after the application is complete, the Department will review your
application to determine whether it meets the substantive criteria required by statute or rule.
By mutual written agreement between you and the Department, the time for substantive
review may be extended by up to 112 days. In cases where a hearing is necessary prior to a
decision, the substantive review time frame will be increased by 120 days.
During the substantive review, the Department may make one written request for
additional information. You may also agree in writing to allow the Department to submit
supplemental requests for additional information. If additional information is requested by
the Department, both the substantive review and overall time frames will be suspended.
When the additional information is received, the substantive review and overall time frames
will resume.
At the end of the Department’s substantive review, the Department will send you a
written notice either granting or denying your application. If your application is denied, the
notice will include the justification for the denial and an explanation of your right to appeal
the denial.
AGENCY CONTACT
Please direct any questions, comments, or requests for further assistance to the Surface
Water Permit Unit at (602) 771-8621.
Page 2 of 10
Revised 03/2016
ARIZONA REVISED STATUTES (A.R.S.) §§ 45-152 and 45-153
A.R.S. § 45-152 - Application for Permit to Appropriate Water
A.
Any person, including the United States, the state, or a municipality, intending to acquire
the right to the beneficial use of water, shall make an application to the director of water
resources for a permit to make an appropriation of the water. The application shall state:
1.
The name and address of the applicant.
2.
The water supply from which the appropriation is applied for.
3.
The nature and amount of the proposed use.
4.
The location, point of diversion, and description of the proposed works by which
the water is to be put to beneficial use.
5.
The time within which it is proposed to begin construction of such works, the time
required for completion of the construction, and the application of the water to the
proposed use.
B.
The application also shall set forth:
1.
If for agricultural purposes, the legal subdivisions of the land and the acreage to be
irrigated.
2.
If for power purposes, the nature of the works by which power is to be developed, the
pressure head and amount of water to be utilized, the points of diversion and release
of the water, and the uses to which the power is to be applied.
3.
If for the construction of a reservoir, the dimensions and description of the dam, the
capacity of the reservoir for each foot in depth, the description of the land to be
submerged, and the uses to be made of the impounded waters.
4.
If for municipal uses, the population to be served and an estimate of the future
population requirements.
5.
If for mining purposes, the location and character of the mines to be served and the
methods of supplying and utilizing the waters.
6.
If for recreation or wildlife, including fish, the location and the character of the area to
be used and the specific purposes for which such area shall be used.
C.
The application shall be accompanied by maps, drawings, and data prescribed by the
director.
A.R.S. § 45-153 - Criteria for Approval or Rejection of Applications; Restrictions on Approval
A.
The director shall approve applications made in proper form for the appropriation of water for
a beneficial use, but when the application or the proposed use conflicts with vested rights, is
a menace to public safety, or is against the interests and welfare of the public the application
shall be rejected. An administrative hearing may be held before the director’s decision on
the application if the director deems a hearing necessary
B.
An application may be approved for less water than applied for if substantial reasons exist,
but shall not be approved for more water than may be put to a beneficial use. Applications
for municipal uses may be approved to the exclusion of all subsequent appropriations if the
estimated needs of the municipality so demand after consideration by and upon order of the
director.
C.
If the director approves an application for the appropriation of water for use on land owned
by the State of Arizona, a permit or certificate shall be issued as prescribed by section
37-321.01.
D.
Section 45-114, subsections A and B govern administrative proceedings, rehearing, review,
and judicial review of final decisions of the director under this section.
Page 3 of 10
Revised 03/2016
ARIZONA DEPARTMENT OF WATER RESOURCES
SURFACE WATER PERMIT UNIT
MAIL TO: 1110 W. Washington Street, Suite 310
(For office use only)
Phoenix, Arizona 85007
Registry No: ________________
Telephone (602) 771-8621
Fax (602) 771-8689
Date Filed: ________________
APPLICATION FOR PERMIT TO APPROPRIATE PUBLIC WATER OF THE STATE OF ARIZONA
OR TO CONSTRUCT A RESERVOIR
1.
Applicant
Telephone _____________________________
Address
City
State
Zip
_
2.
Type of water source and name
_
a tributary to
within the
watershed
(for office use only)
3.
Please circle proposed beneficial use(s) of water requested (see #13 for required attachments):
A. Domestic
B. Municipal
C. Irrigation
D. Stockwatering
E. Power
F. Mining
G. Recreation
H. Wildlife
I.
Groundwater Recharge
4.
Amount of proposed beneficial water use (from worksheet or attachment):
Amount & Measure
Specific Months of Use
Proposed Beneficial Use(s)
(from worksheet)
(if not for entire year)
Location of proposed point of water diversion (see #13 for required attachment): County ________________________
5.
Parcel I.D. No.
and/or Lot No.
and
¼
¼, Section
, Township
N/S, Range
E/W
6. Location of proposed place(s) of water use and/or water storage: County ______________
Parcel I.D. No(s). _______________________ and/or Lot No(s). _____________________
# of Acres
¼
¼
¼
Section
Township N/S
Range E/W
Irrigated**
**This column must be completed for each place of use if irrigation is indicated as a use in Nos. 3 and 4 above.
Page 4 of 10
Revised 03/2016
7.
Landowner at location of place of use (see #13 for required attachments)
Private
State
BLM
National Forest
Other ____________
Lessee and/or Permittee name and address (if applicable)
Name
Address _____________________ City _________ State _______ Zip ________
Name
Address _____________________ City _________ State _______ Zip ________
Does the applicant have legal access to both the proposed diversion point and place(s) of use?
Yes
No_____
If “No’’, explain in item 12 below.
8.
Describe the works to be developed to put the water to the stated beneficial use
9.
Storage of water (see Instructions for more detailed information):
Reservoir name
Vertical dam height at downstream face
feet
Storage capacity at spillway crest
acre-feet Capacity for each foot in depth
cubic feet
(For office use only)
Primary Storage
Secondary Use
Both
10. Construction of facility or diversion works and beneficial use of water:
Estimated start date
Estimated completion date _________________________
For completed works, give the date of completion of the facility and first date of beneficial use; ________________________
If “Yes” explain
11. Is the water to be used supplementally with other water(s)? Yes
No
12. Additional comments or explanations
13. REQUIRED ATTACHMENTS:
 Initial Application Fee of $1,000.00 as authorized by Arizona Administrative Code R12-15-103.
 U.S.G.S. Topographical Quadrangle map or equivalent, or copy thereof, clearly showing the proposed point of
diversion, any conveyance system, and the place(s) of use. Any land to be irrigated should be depicted by cross hatching.
 Copy of recorded deed showing land ownership. If owned by other than applicant, provide copies of all pertinent leases,
grazing permits, allotments, or a letter from the landowner authorizing the proposed appropriation.
 Worksheet for determining quantities of use if the requested use(s) include domestic, irrigation, stockwatering,
recreation, or wildlife. If the requested uses include municipal, power, mining, or groundwater recharge, provide the
required information on a separate attachment.
Page 5 of 10
Revised 03/2016

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