Section R12-15-1304. Well Spacing Requirements - Wells Withdrawing Groundwater From the Little Colorado River Plateau Ground- water Basin for Transportation to Another Groundwater Basin Under A.R.S. § 45-544(B)(1)

	record and the names and addresses of the owners of the wells	A.	An LCR plateau groundwater transporter may not withdraw
	as shown in the Department’s well registry. The director shall		groundwater from a well or wells drilled in the Little Colorado
	not determine that the recovery of stored water from the pro-		river plateau groundwater basin after January 1, 1991, except a
	posed recovery well or wells will cause unreasonably increas-		replacement well in approximately the same location or a well
	ing damage to surrounding land or other water users from the		drilled after that date pursuant to a notice of intention to drill
	concentration of wells under subsection (B)(1) of this Section		filed on or before that date, for transportation away from the
	if within 60 days after the date on the notice, or a longer time		basin pursuant to A.R.S. § 45-544(B)(1) if the director deter-
	period approved by the director, the applicant submits one of		mines that the withdrawals for that purpose will cause unrea-
	the following for each well of record identified in the notice:		sonably increasing damage to surrounding land or other water
	1.     A signed and notarized consent form from the owner of		users from the concentration of wells under subsection (B) of
	the well of record consenting to the recovery of stored		this Section.
	water from the proposed recovery well or wells. The	B.	The director shall determine that the withdrawals of ground-
	applicant shall use the consent form furnished by the		water from the well or wells will cause unreasonably increas-
	director; or		ing damage to surrounding land or other water users from the
	2.     Evidence satisfactory to the director that the address of		concentration of wells if any of the following apply:
	the owner of the well of record as shown in the Depart-		1.     Except as provided in subsection (D) of this Section, the
	ment’s well registry records is inaccurate and that the		director determines that the probable impact of the with-
	applicant made a reasonable attempt to locate the current		drawals of groundwater from the well or wells on any
	owner of the well of record but was unable to do so.		well of record in existence when the withdrawals com-
E.	If the director determines that the recovery of stored water		menced or are proposed to commence will exceed 10 feet
	from the proposed recovery well or wells will have the effect		of additional drawdown after the first five years of the
	described in subsection (B)(3) of this Section on one or more		withdrawals. To assist the director in making a determina-
	wells of record in existence as of the date of receipt of the		tion under this subsection, the LCR plateau groundwater
	application, the director shall notify the applicant in writing of		transporter may submit to the director a hydrological
	the location of the wells of record and the names and addresses		study delineating those areas surrounding the LCR pla-
	of the owners of the wells as shown in the Department’s well		teau groundwater transporter’s well or wells in which the
	registry. The director shall not determine that the recovery of		projected impacts on water levels will exceed 10 feet of
	stored water from the proposed recovery well or wells will		additional drawdown after the first five years of the with-
	cause unreasonably increasing damage to surrounding land or		drawals.  The  director  may   require  the  LCR  plateau
	other water users from the concentration of wells under sub-		groundwater transporter to submit such a hydrological
	section (B)(3) of this Section if within 60 days after the date on		study if the director determines that the study will assist
	the notice, or a longer time period approved by the director,		the director in making a determination under this subsec-
	the applicant submits one of the following for each well of		tion;
	record identified in the notice:		2.     The director determines that the well or wells from which
	1.     A signed and notarized consent form from the owner of		the groundwater is withdrawn are located in an area of
	the well of record consenting to the recovery of stored		known land subsidence and the withdrawals of ground-
	water from the proposed recovery well or wells. The		water will likely cause unreasonably increasing damage
	applicant shall use the consent form furnished by the		from additional regional land subsidence. To assist the
	director; or		director in making a determination under this subsection,
	2.     Evidence satisfactory to the director that the address of		the LCR plateau groundwater transporter may submit to
	the owner of the well of record as shown in the Depart-		the director a hydrological study, which may include a
	ment’s well registry records is inaccurate and that the		geophysical evaluation, demonstrating the impact of the
	applicant made a reasonable attempt to locate the current		withdrawals on regional land subsidence. The director
	owner of the well of record but was unable to do so.		may require the LCR plateau groundwater transporter to
F.	At any time before a final determination under this Section,		submit such a hydrological study if the director deter-
	the applicant may:		mines that the study will assist the director in making a
	1.     Amend the application to change the location of the pro-		determination under this subsection; or
	posed recovery well or wells or the amount of stored		3.     Except as provided in subsection (E) of this Section, the
	water to be recovered from the proposed recovery well or		director determines, after consulting with ADEQ, that the
			withdrawals of groundwater from the well or wells will

likely cause the migration of contaminated groundwater from a remedial action site to a well of record in existence when the groundwater withdrawals commenced or are proposed to commence, 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 treat- ment, and that the damage to the owner of the well of record will not be prevented or adequately mitigated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a program regulated by EPA or DOD. To assist the director in mak- ing a determination under this subsection, the LCR pla- teau groundwater transporter may submit to the director a hydrological study demonstrating whether the withdraw- als of groundwater will have the effect described in this subsection. The director may require the LCR plateau groundwater transporter to submit such a hydrological study if the director determines that the study will assist the director in making a determination under this subsec- tion.

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

water users from the concentration of wells under subsection (B)(3) of this Section if within 60 days after the date on the notice, or a longer time period approved by the director, the LCR plateau groundwater transporter submits one of the fol- lowing for each well of record identified in the notice:

1.        A signed and notarized consent form from the owner of the well of record consenting to the withdrawals. The LCR plateau groundwater transporter shall use the con- sent form furnished by the director; or

2.        Evidence satisfactory to the director that the address of the owner of the well of record as shown in the Depart- ment’s well registry records is inaccurate and that the LCR plateau groundwater transporter made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

F. At any time before a final determination under this Section, the LCR plateau groundwater transporter may agree to con- struct or operate the well or wells in a manner that lessens the degree of impact on wells of record or regional land subsid- ence. Compliance with the agreement is a condition for the use of the well or wells to withdraw groundwater for transporta- tion away from the basin pursuant to A.R.S. § 45-544(B)(1).

Historical Note

New Section made by final rulemaking at 12 A.A.R.

2193, effective August 7, 2006 (Supp. 06-2).