Section R12-15-1305. Well Spacing Requirements - Applications to Use a Well to Withdraw Groundwater for Transportation to an Active Management Area Under A.R.S. § 45-559

	director.	A.	The director shall not approve an application to use a well or
D.	If the director determines under subsection (B)(1) of this Sec-		wells  constructed   after  September   21,  1991,  to   withdraw
	tion that the probable impact of the withdrawals of groundwa-		groundwater for transportation to an active management area
	ter from the well or wells on any well of record in existence		under A.R.S. § 45-559 if the director determines that the with-
	when the withdrawals commenced or are proposed to com-		drawals for that purpose will cause unreasonably increasing
	mence will exceed 10 feet of additional drawdown after the		damage to surrounding land or other water users from the con-
	first five years of the withdrawals, the director shall notify the		centration of wells under subsection (B) of this Section.
	LCR plateau groundwater transporter in writing of the location	B.	The director shall determine that the withdrawals of ground-
	of the wells of record and the names and addresses of the own-		water will cause unreasonably increasing damage to surround-
	ers of the wells as shown in the Department’s well registry.		ing land or other water users from the concentration of wells if
	The director shall not determine that the withdrawals will		any of the following apply:
	cause unreasonably increasing damage to surrounding land or		1.     Except as provided in subsection (C) of this Section, the
	other water users from the concentration of wells under sub-		director  determines   that  the  probable   impact  of   the
	section (B)(1) of this Section if within 60 days after the date on		groundwater withdrawals on any well of record in exis-
	the notice, or a longer time period approved by the director,		tence as of the date of receipt of the application will
	the LCR plateau groundwater transporter submits one of the		exceed 10 feet of additional drawdown after the first five
	following for each well of record identified in the notice:		years of the withdrawals. To assist the director in making
	1.     A signed and notarized consent form from the owner of		a determination under this subsection, the applicant may
	the well of record consenting to the withdrawals. The		submit a hydrological study delineating those areas sur-
	LCR plateau groundwater transporter shall use the con-		rounding the proposed well or wells in which the pro-
	sent form furnished by the director; or		jected impacts of the groundwater withdrawals on water
	2.     Evidence satisfactory to the director that the address of		levels will exceed 10 feet of additional drawdown after
	the owner of the well of record as shown in the Depart-		the first five years of the withdrawals. The director may
	ment’s well registry records is inaccurate and that the		require the applicant to submit such a hydrological study
	LCR plateau groundwater transporter made a reasonable		if the director determines that the study will assist the
	attempt to locate the current owner of the well of record		director in making a determination under this subsection;
	but was unable to do so.		2.     The director determines that the proposed well or wells
E.	If the director determines that the withdrawals of groundwater		will be located in an area of known land subsidence and
	from the well or wells will have the effect described in subsec-		the groundwater withdrawals will likely cause unreason-
	tion (B)(3) of this Section on one or more wells of record in		ably increasing damage from additional regional land
	existence when the groundwater withdrawals commenced or		subsidence. To assist the director in making a determina-
	are proposed to commence, the director shall notify the LCR		tion under this subsection, the applicant may submit a
	plateau groundwater transporter in writing of the location of		hydrological  study,  which  may  include   a  geophysical
	the wells of record and the names and addresses of the owners		evaluation, demonstrating the impact of the groundwater
	of the wells as shown in the Department’s well registry. The		withdrawals on regional land subsidence. The director
	director shall not determine that the withdrawals will cause		may require the applicant to submit such a hydrological
	unreasonably increasing damage to surrounding land or other		study if the director determines that the study will assist

the director in making a determination under this subsec- tion; or

3.        Except as provided in subsection (D) of this Section, the director determines, after consulting with ADEQ, that the groundwater withdrawals 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 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 adequately mitigated through the imple- mentation 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 making a determination under this subsection, the applicant may submit a hydro- logical study demonstrating whether the groundwater withdrawals will have the effect described in this subsec- tion. 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 determina- tion under this subsection.

C.   If the director determines under subsection (B)(1) of this Sec- tion that the probable impact of the groundwater withdrawals

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 applicant made a reasonable attempt to locate the current owner of the well of record but was unable to do so.

E.       At any time before a final determination under this Section, the applicant may:

1.        Amend the application to change the location of the pro- posed well or wells or the amount of groundwater to be withdrawn from the proposed well or wells to lessen the degree of impact on wells of record or regional land sub- sidence; or

2.        Agree to construct or operate the proposed well or wells in a manner that lessens the degree of impact on wells of record or regional land subsidence. The director shall indicate in the permit that compliance with the agreement is a condition of the permit to use the well or wells to withdraw groundwater for transportation to an active management area under A.R.S. § 45-559.

Historical Note

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

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