Section R12-15-1302. Well Spacing Requirements - Applications to Construct New Wells or Replacement Wells in New Locations Under A.R.S. § 45-599

A.      The director shall not approve an application for a permit to construct a new well or a replacement well in a new location under A.R.S. § 45-599 if the director determines that the with- drawals from the proposed well or wells will cause unreason- ably increasing damage to surrounding land or other water users from the concentration of wells under subsection (B) of this Section.

B.       The director shall determine that the withdrawals from the pro- posed well or wells will cause unreasonably increasing dam- age to surrounding land or other water users from the concentration of wells if any of the following apply:

1.        Except as provided in subsection (D) of this Section, the director determines that the probable impact of the with- drawals from the proposed well or wells on any well of record in existence as of the date of receipt of the applica- tion will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study delineating those areas surrounding the proposed well or wells in which the projected impacts on water lev- els will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells. The director may require the applicant to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsection;

2.        The director determines that the proposed well or wells will be located in an area of known land subsidence and the withdrawals from the proposed well or wells will likely cause unreasonably increasing damage from addi- tional regional land subsidence. To assist the director in making a determination under this subsection, the appli- cant may submit a hydrological study, which may include a geophysical evaluation, demonstrating the impact of the withdrawals from the proposed well or wells on regional land subsidence. The director may require the applicant to submit such a hydrological study if the director deter- mines that the study will assist the director in making a determination under this subsection; or

3.        Except as provided in subsection (E) of this Section, the director determines, after consulting with ADEQ, that withdrawals from the proposed well or wells will likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence as of the date of the receipt of the application, resulting in a degradation of the quality of the water withdrawn from the well of record so that the water will no longer be usable for the purpose for which it is currently being used without additional treatment, and that the damage to the owner of the well of record will not be prevented or ade- quately mitigated through the implementation of a pro- gram regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in making a determination under this subsection, the applicant may submit a hydrological study demonstrating whether the withdrawals from the proposed well or wells will have the effect described in this subsection. The director may require the applicant to submit such a hydrological study if the director deter- mines that the study will assist the director in making a determination under this subsection.

C.      In making a determination under subsection (B)(1), (B)(2), or (B)(3) of this Section, if the proposed well is a replacement well in a new location, the director shall take into account the collective effects of reducing or terminating withdrawals from the well being replaced combined with the proposed with- drawals from the replacement well if the applicant submits a hydrological study demonstrating those collective effects to the satisfaction of the director.

D.      If the director determines under subsection (B)(1) of this Sec- tion that the probable impact of the withdrawals from the pro- posed well or wells on one or more wells of record in existence as of the date of receipt of the application will exceed 10 feet of additional drawdown after the first five years of operation of the proposed well or wells, the director shall notify the applicant in writing of the location of the wells of record and

	the names and addresses of the owners of the wells as shown		other water users from the concentration of wells under sub-
	in the Department’s well registry. The director shall not deter-		section (B) of this Section.
	mine that the withdrawals from the proposed well or wells will	B.	The director shall determine that the recovery of stored water
	cause unreasonably increasing damage to surrounding land or		from  the  proposed   well  or  wells  will  cause  unreasonably
	other water users from the concentration of wells under sub-		increasing damage to surrounding land or other water users
	section (B)(1) of this Section if within 60 days after the date on		from the concentration of wells if any of the following apply:
	the notice, or a longer time period approved by the director,		1.     Except as provided in subsection (D) of this Section, the
	the applicant submits one of the following for each well of		director determines that the probable impact of the recov-
	record identified in the notice:		ery of stored water from the proposed well or wells on
	1.     A signed and notarized consent form from the owner of		any well of record in existence as of the date of receipt of
	the well of record consenting to the withdrawals from the		the application will exceed 10 feet of additional draw-
	proposed well or wells. The applicant shall use the con-		down after the first five years of the recovery of stored
	sent form furnished by the director; or		water from the proposed well or wells. To assist the direc-
	2.     Evidence satisfactory to the director that the address of		tor in making a determination under this subsection, the
	the owner of the well of record as shown in the Depart-		applicant shall submit with the application a hydrological
	ment’s well registry records is inaccurate and that the		study delineating those areas surrounding the proposed
	applicant made a reasonable attempt to locate the current		well or wells in which the projected impacts on water lev-
	owner of the well of record but was unable to do so.		els will exceed 10 feet of additional drawdown after the
E.	If the director determines that withdrawals from the proposed		first five years of the recovery of stored water from the
	well or wells will have the effect described in subsection		proposed well or wells;
	(B)(3) of this Section on one or more wells of record in exis-		2.     The director determines that the proposed recovery well
	tence as of the date of receipt of the application, the director		or wells will be located in an area of known land subsid-
	shall notify the applicant in writing of the location of the wells		ence and the recovery of stored water from the proposed
	of record and the names and addresses of the owners of the		well or wells will likely cause unreasonably increasing
	wells as shown in the Department’s well registry. The director		damage  from  additional   regional  land  subsidence.  To
	shall not determine that the withdrawals from the proposed		assist the director in making a determination under this
	well or wells will cause unreasonably increasing damage to		subsection,  the  applicant   may  submit  a  hydrological
	surrounding land or other water users from the concentration		study,  which  may  include  a  geophysical  evaluation,
	of wells under subsection (B)(3) of this Section if within 60		demonstrating the impact of the recovery of stored water
	days after the date on the notice, or a longer time period		from the proposed recovery well or wells on regional land
	approved by the director, the applicant submits one of the fol-		subsidence. The director may require the applicant to
	lowing for each well of record identified in the notice:		submit such a hydrological study if the director deter-
	1.     A signed and notarized consent form from the owner of		mines that the study will assist the director in making a
	the well of record consenting to the withdrawals from the		determination under this subsection; or
	proposed well or wells. The applicant shall use the con-		3.     Except as provided in subsection (E) of this Section, the
	sent form furnished by the director; or		director determines, after consulting with ADEQ, that the
	2.     Evidence satisfactory to the director that the address of		recovery of stored water from the proposed well or wells
	the owner of the well of record as shown in the Depart-		will likely cause the migration of contaminated ground-
	ment’s well registry records is inaccurate and that the		water from a remedial action site to a well of record in
	applicant made a reasonable attempt to locate the current		existence as of the date of receipt of the application,
	owner of the well of record but was unable to do so.		resulting in a degradation of the quality of the water with-
F.	At any time before a final determination under this Section,		drawn from the well of record so that the water will no
	the applicant may:		longer be usable for the purpose for which it is currently
	1.     Amend the application to change the location of the pro-		being  used  without  additional   treatment,  and  that  the
	posed well or wells or the amount of groundwater to be		damage to the owner of the well of record will not be pre-
	withdrawn from the proposed well or wells to lessen the		vented or adequately mitigated through the implementa-
	degree of impact on wells of record or regional land sub-		tion of a program regulated under Title 49 of the Arizona
	sidence; or		Revised  Statutes,  or   a  program   regulated  by  EPA  or
	2.     Agree to construct or operate the proposed well or wells		DOD. To assist the director in making a determination
	in a manner that lessens the degree of impact on wells of		under this subsection, the applicant may submit a hydro-
	record or regional land subsidence. The director shall		logical  study  demonstrating  whether   the  recovery  of
	indicate  in  the   well  permit  that  compliance   with  the		stored water from the proposed well or wells will have
	agreement is a condition of the well permit.		the effect described in this subsection. The director may
	Historical Note		require the applicant to submit such a hydrological study
	New Section made by final rulemaking at 12 A.A.R.		if the director determines that the study will assist the
	2193, effective August 7, 2006 (Supp. 06-2).		director in making a determination under this subsection.
		C.	In making a determination under subsection (B)(1), (B)(2), or