Both programs are driven by the

definition of a subdivision from the Arizona Department of Real Estate (ADRE) as six or more parcels with at least one parcel having an area less than 36 acres.  This includes residential or commercial subdivisions, stock cooperatives, condominiums, and all lands subdivided as part of a common promotional plan (including golf courses, parks, schools, and other amenities).  Short-term leases (12 months or less) and subdivisions where all parcels are greater than 36 acres in size do not fall under this definition.   If the proposed development does not meet the definition of a subdivision, then neither program applies.

The Assured Water Supply program was created as part of the historic 1980 Groundwater Management Act, and operates within Arizona’s five Active Management Areas.  Every developer is required to demonstrate an assured water supply that will be physically, legally, and continuously available for the next 100 years before the developer can record plats or sell parcels.  The ADRE will not issue a public report, which allows the developer to sell lots, without a demonstration of an assured water supply.  The developer can prove a 100 year supply by satisfying the requirements to obtain a Certificate of Assured Water Supply or by a written commitment of service from a provider with a Designation of Assured Water Supply.

Applications for Certificates of Assured Water Supply comprise the majority of applications processed within the Assured Water Supply program.  Other types, such as PADs or Analyses (but not Designations) usually lead to the issuance of one or more Certificates for a subdivision or master planned community, but do not demonstrate an assured water supply in and of themselves.  In order to obtain a Certificate of Assured Water Supply, five criteria must be met:

1.      The water supply must be physically, legally, and continuously available for the next 100 years.

2.      The water must meet water quality standards or be of sufficient quality.

3.      The proposed water use must be consistent with the management goal of the AMA.

4.      The proposed water use must be consistent with the current management plan of the AMA.

5.      The developer must demonstrate the financial capability to construct any necessary water storage, treatment, and delivery systems.

The Department reviews each application under a 210 day time frame.  Incomplete or incorrect applications or lack of supporting documentation lengthen the actual review period.  The time frame does not apply while the Department is waiting for the applicant to respond to requests for additional information.  For a summary of the Assured Water Supply program, see the brochure at the bottom of this page or click here</span>.  For a detailed description of the program, click here</span>.  For frequently asked questions, click here.

The Adequate Water Supply program, first created in 1973, operates outside of the Active Management Areas as a consumer protection program.  Developers are required to obtain a determination from the Department concerning the quantity and quality of water available before the ADRE will allow any lot sales.  If the application for a Water Adequacy Report successfully demonstrates that water of sufficient quality will be physically, legally, and continuously available for the next 100 years, then the Department will determine the water supply to be adequate.  If the water supply is determined to be inadequate, the developer may still sell lots, but the inadequate determination must be disclosed to potential buyers in the public report approved by ADRE and in all promotional materials.  If a provider with a Designation of Adequate Water Supply will serve the proposed subdivision, then the developer only has to provide a written commitment of service from the designated provider.

For more general information on the Adequate Water Supply program, see the brochure at the bottom of this page or click here.  For a list of Water Adequacy Report applications that have recently received a determination as either adequate or inadequate, scroll down to the heading entitled “Determinations of Adequate Water Supply.”
 

 

 

 

Forms

Water Adequacy Program Summary
How to meet the standards to demonstrate an adequate supply of water... (more>>)

Assured Water Supply Program Brochure
Table of Contents
HISTORY OF THE ASSURED WATER SUPPLY PROGRAM
AWS APPLICATIONS AND ENFORCEMENT
ASSURED WATER SUPPLY REGULATIONS FOR SUBDIVISIONS... (more >>)

ADDITIONAL FORMS
 

Frequently Asked Questions

Answers to common questions about Assured and Adequate Water Supply are in our FAQ section.

 

 

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