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 updated May 22, 2007

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 Recharge Section

Recharge Permit Applications and Guides

ADWR has prepared several Recharge Permit Application Guides to assist persons interested in applying for a recharge program permit.  The Arizona Revised Statutes, A.R.S. § 45-801.01 et seq. and Arizona Administrative Code, A.A.C. R12-12-151 et seq., govern all aspects of the program.  The applicant should consult those statutes and rules for the specific legal requirements of the program.  If assistance is needed beyond what is in the guidance documents, ADWR staff is available to answer questions or to meet with potential applicants.  ADWR’s goal is to assist applicants in submitting complete and correct applications.  ADWR encourages applicants to contact the Recharge Coordinator and schedule a pre-application meeting prior to submitting an application.

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The Recharge Permit Application Guides and Permit Forms may be downloaded from the above list or picked-up from the recharge coordinator located at 3550 North Central Ave, Phoenix, AZ 85012 Monday through Friday, between the hours of 8:00 AM and 5:00 PM.  Applicants also may call the Department at (602) 771-8585 or to receive their requested materials by mail. 

Recharge applicants are strongly advised to attend a pre-application meeting and submit a project proposal for review prior to preparing the hydrologic report and filing the permit application.

The Permit Process 

The application process for permits in the Recharge Program is as follows:

  1. Pre-application meeting – ADWR recommends that all potential applicants in the recharge program, especially for storage facilities, meet with ADWR staff prior to filing an application to present their proposal.  ADWR staff will evaluate what permits the applicant may need, and provide technical and legal assistance in interpreting the statutory requirements.
  2. Filing the application – In addition to the original application, ADWR generally requires submittal of copies of the application (please see individual applications for the number of copies to be submitted along with original).  Application fees are to be paid at the time the application is submitted.
  3. Application Review – ADWR staff will examine the application to determine if it is complete and correct.  Information on the timeframe for recharge program licensing is located in Timeframes.
  4. Public Noticing – When ADWR determines an application to be complete and correct, notice of the application is published once each week for two consecutive weeks in a newspaper of general circulation in the counties that could reasonably be expected to be affected by the proposed facility’s storage or recovery.  For further information on noticing requirements, see A.R.S. § 45-872.01 .
  5. Objections – Objections to an application must be filed within 15 days of the last date of newspaper publication of the notice.  The grounds for objection are limited to whether the application meets the statutory requirements for permit issuance.
  6. Hearings – The Director of ADWR may choose to hold a hearing on any application to determine if the application meets the statutory requirements for issuing that permit. A hearing may be held whether or not an objection is filed.
  7. Draft Permit – When ADWR determines an application to be complete and correct, an initial draft permit is prepared.  This initial draft permit is generally provided as a courtesy to the applicant for his/her review and comment, before the final permit is issued.
  8. Permit Issuance – When it is determined that the proposed recharge activity meets the statutory requirements, a permit is approved and signed by the Assistant Director.    After the permit is signed and any remaining fees have been paid, the Department notifies the applicant of the approval and issues an appealable final draft permit.  At the end of the appeal period, the final (signed) permit is issued to the applicant. 

Timeframes

 

CAP Canal Winding through the Arizona Desert

Licensing timeframes consist of an administrative completeness review timeframe, a substantive review timeframe, and an overall timeframe (A.A.C. R12-15-401 ).

The administrative completeness review timeframe is 100 calendar days from the date the recharge permit application is filed and application fees paid.  During this time, the Department must determine whether the application contains all the information required to make a determination.  When an application is determined to be incomplete, the applicant is notified of the deficiencies and the 100-day "clock" stops until the applicant provides the requested information.

Once the additional information is provided to ADWR, the 100-day timeframe resumes with an additional 15 days.  During the administrative period, more than one request for information may be made, and the clock stops with each request.  The administrative review period begins the day the permit application is filed (and the application fees are paid) and concludes on the day the letter of completeness is issued.

The substantive review timeframe begins the day after the completeness letter is issued and continues for 195 calendar days.  During this time, public notice is issued, objections are addressed, and, if necessary, hearings are conducted.  By the end of this period, the permit application must be approved or denied, and the applicant advised of this decision.  The substantive review period allows for only one request for additional information, stopping the clock as described in the administrative review above. 

The overall time frame is the total amount of time required by the administrative and substantive timeframes, which is generally 295 days.  Timeframes may vary depending on whether the application is for a State Demonstration Project , a hearing is filed, the water being stored is CAP water that has already been public noticed for that facility, or the permit is for an emergency temporary recovery well

Recharge Permit Fees

 The fees currently charged for applications, permits, conveyances and public noticing in the recharge program are as follows [pursuant to R12-15-151(B)(8) and A.R.S. § 45-871.01 ]: 

USF Application Fee:   $750
USF Permit Fee:   $500
USF Conveyance Fee:   $300
GSF Application Fee:   $500
GSF Permit Fee:   $350
GSF Conveyance Fee:   $300
WS Application Fee:   $250
WS Permit Fee:   $100
WS Conveyance Fee:   $300
RW Application Fee:   $50/well for the first 10 wells,
$10/well for additional wells
RW Permit Fee:   $50/well the first 10 wells,
$10/well for additional wells
Public Noticing Fees   Actual cost to the Department

Permit Duration 

Because conditions at project sites and factors affecting facility operations change over time, the Department believes that the facilities warrant close examination at least every 20 years.  WS permits are not authorized beyond the expiration date of the USF/GSF permit.  RW permits do not expire and may continue to be used in perpetuity, so long as the recovery remains consistent with the management plan, as required.

Once a USF, GSF or WS permit is issued, the permit, upon application to ADWR, can be conveyed to another person or renewed if ADWR finds that the facility will continue to meet the requirements for issuing the permit.  In order to allow continuous operation of a permit, applications for renewal must be filed with ADWR well before expiration of the original permit. 

 

 

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