CAP Canal

Requests for land use, either from the public or private sector requires that an application be submitted for review before CAWCD can grant a license permitting access and/or use of CAP property. Since the CAP is a federal project, any land decisions made by CAWCD must abide by specific directives that are mandated by the United States Bureau of Reclamation.

Provided below is a listing of a few Frequently Asked Questions on Use of CAP Lands for your reference :

What should I do before filling out an application?

All applicants should contact CAWCD to see if a preliminary meeting is required. There is no cost associated with this initial meeting. At this meeting it will be determined if the proposed use is a viable use of CAP property.

Contact the CAWCD Lands Department at 623-869-2555 or by e-mail at 2555@cap-az.com if you have any questions or want to schedule an appointment to discuss a proposed project.

What application form should I use?

If the proposed use is approved, the application form needed will be identified during the initial contact with CAWCD. The following information briefly identifies the types of documents that are typically issued with a link to the applicable application.

Right of Entry License (ROE) / Special Use Permit (SUP)

A ROE is issued for short term projects or uses of CAP property that generally involve little to no ground disturbance. Examples include but are not limited to pre-design survey work, environmental/cultural survey work, utility location, access to adjacent property, etc.

A SUP is issued for access to utilize CAP property for short term activities such as specialty training, dives, educational studies, etc.

Land Use License (LUL) / Consent Document

A LUL is issued for long term projects or uses of CAP property.  Projects may have substantial ground disturbance. Examples include but are not limited to power lines, water/sewer lines, communication sites, fiber optic cable, gas line, roadways, etc.

Upon review and approval, a Consent Document is issued as acknowledgement of improvements and/or ground disturbing activities on property that is not owned by CAP; where CAP has a right from the underlying property owner such as an Easement or Right of Way Reservation.  The Consent Document ensures protection of CAP facilities.

What happens after the application package is submitted?

Once a complete application package has been submitted and accepted, the first review period takes approximately four (4) weeks. Comments will then be provided back to the applicant. Each subsequent review takes approximately two (2) weeks. The complexity of the project and how well comments are addressed in between submittals, plays an important role in how quickly a project takes to get through the process.

NOTE: Submitting plans early in the design process will help save in overall review time. Submitting 100% plans with an application may result in the need to re-engineer the proposed facility if the design impacts CAWCD's ability to operate and maintain the CAP system.

Are there fees and when should they be paid?

Depending on the complexity of the requested use, CAWCD may charge processing fees for time spent specifically related to the project. The type of activities covered by the fees may include but are not limited to: plan review, document preparation, meetings, inspections, as-built review, and project closeout. All processing fees must be paid in advance before CAWCD will continue to administer the application. If payment is not received within 90 days after the assessment is provided, CAWCD may close the file. It is expected that processing fees will cover all anticipated charges to administer the project, however for high complex projects or changes in project scope, additional fees may be assessed. If additional fees are assessed then the applicant will be notified in writing. Checks should be made payable to Central Arizona Water Conservation District.

NOTE: Long term Land Use fees may also apply for those facilities that cross or occupy CAP property. The fees will reflect fair market value using methods approved by the Bureau of Reclamation.

Are there any other items that need to submitted with the application?

Depending on the complexity of the requested use and the issues associated with it, other items may need to be included in the initial submittal with the application. Those items include:

PROJECT PLANS

One (1) electronic copy of the Design Plans depicting CAP-impacted property. CAP boundaries must be identified on the design plans.

NOTE:The width of the license area/rights-of-way for facilities is limited to the minimum width necessary for construction and maintenance operations and for user safety. A minimum width of 10-feet or the width of construction plus 10-feet (whichever is greater) is generally required. Besides the area occupied by the facility, the right-of-way contains areas necessary for operation and maintenance.  In some cases such areas may exist on both sides of the facility, in other cases perhaps only on one side of the facility. Historic and customary operation and maintenance will be considered along with ‘best management practices’ in establishing the final rights-of way width needed for each individual project. 

PROPERTY IDENTIFICATION / LEGAL DESCRIPTION

The legal description must be provided in the western grid system of township/range/section, and metes and bounds format. Identify the CAP boundaries on the design plans.

PROOF OF INSURANCE

CAWCD requires proof of liability insurance before the execution of licenses, easements, or access to CAP property. Applicants must provide a Certificate of Insurance from an "A" rated or better company that names both the United States and the Central Arizona Water Conservation District as additional insureds, or equivalent proof of self-insurance. Minimum deductibles are noted below:

  • Workers Compensation and Employers Liability as required by Arizona Law
  • General Liability (with Bodily Injury, Property Damage) -- $1,000,000 Per Occurrence
  • Business Automobile Liability Insurance -- $1,000,000 Per Occurrence
  • Umbrella -- $1,000,000


SIGNATURE AUTHORITY

CAWCD requires documentation identifying an individual with the authority to sign legal documents/agreements on behalf of the applicant. The completed Signature Authority and Legal Structure Verification Form and appropriate Signature Authority document(s) must be included with every application submittal package.

OTHER DOCUMENTS

Prior to the issuance of a License, other documentation that may be needed include but are not limited to: Dive Plan, Dig Permit, Storm Water Pollution Prevention Plan, Dust Control Plan, and Permit Bond (Example), Key Request and Authorization Form.

Are As-built plans required for facilities using or crossing CAP property?

Yes, as-built documents must be prepared and submitted to CAWCD within ninety (90) days after construction of the project is completed. The as-builts are used to identify the location of all facilities and/or utilities. This information is vital for CAWCD to provide continuity of service and to avoid damage to facilities constructed by others.

Contact the CAWCD Lands Department at 623-869-2555 or by e-mail at 2555@cap-az.com for detailed As Built Submittal Requirements.

I want to modify a facility already under a License with CAP. What do I need to do?

CAWCD must be contacted prior to any modifications, alterations, or improvements to existing authorized facilities. Written notification and plans shall be submitted for review to ensure that CAP's facilities will not be impacted. Notification and plans must be provided to CAWCD at least ninety (90) days prior to the anticipated start date to allow for adequate review time. Administrative fees may be assessed depending on the complexity of the requested use and the associated issues.

Contact the CAWCD Lands Department at 623-869-2555 or by e-mail at 2555@cap-az.com if you have any questions or want to schedule an appointment to discuss a proposed project.