Section R12-15-1306. Well Spacing Requirements - Applications for Water Exchange Permits Under A.R.S. § 45-1041

	on any well of record in existence as of the date of receipt of	A.	The  director  shall  not  approve   an  application   for  a  water
	the application will exceed 10 feet of additional drawdown		exchange permit filed under A.R.S. § 45-1041 by a person
	after the first five years of the withdrawals, the director shall		other than a city, town, private water company or irrigation
	notify the applicant in writing of the location of the wells of		district if the director determines that any new or increased
	record and the names and addresses of the owners of the wells		pumping by the applicant from a well or wells within an active
	as shown in the Department’s well registry. The director shall		management area pursuant to the water exchange will cause
	not determine that the groundwater withdrawals will cause		unreasonably increasing damage to surrounding land or other
	unreasonably increasing damage to surrounding land or other		water users under subsection (B) of this Section.
	water users from the concentration of wells under subsection	B.	The director shall determine that new or increased pumping by
	(B)(1) of this Section if within 60 days after the date on the		the applicant from a well or wells within an active manage-
	notice, or a longer time period approved by the director, the		ment area will cause unreasonably increasing damage to sur-
	applicant submits one of the following for each well of record		rounding land or other water users if any of the following
	identified in the notice:		apply:
	1.     A signed and notarized consent form from the owner of		1.     Except as provided in subsection (C) of this Section, the
	the well of record consenting to the withdrawals. The		director determines that the probable impact of the new or
	applicant shall use the consent form furnished by the		increased pumping on any well of record in existence as
	director; or		of the date of receipt of the application will exceed 10
	2.     Evidence satisfactory to the director that the address of		feet of additional drawdown after the first five years of
	the owner of the well of record as shown in the Depart-		the pumping. To assist the director in making a determi-
	ment’s well registry records is inaccurate and that the		nation under this subsection, the applicant may submit a
	applicant made a reasonable attempt to locate the current		hydrological study delineating those areas surrounding
	owner of the well of record but was unable to do so.		the proposed well or wells in which the projected impacts
D.	If the director determines that the groundwater withdrawals		of the new or increased pumping on water levels will
	will have the effect described in subsection (B)(3) of this Sec-		exceed 10 feet of additional drawdown after the first five
	tion on one or more wells of record in existence as of the date		years of the pumping. The director may require the appli-
	of receipt of the application, the director shall notify the appli-		cant to submit such a hydrological study if the director
	cant in writing of the location of the wells of record and the		determines that the study will assist the director in mak-
	names and addresses of the owners of the wells as shown in		ing a determination under this subsection;
	the Department’s well registry. The director shall not deter-		2.     The director determines that the new or increased pump-
	mine that the groundwater withdrawals will cause unreason-		ing will occur in an area of known land subsidence and
	ably increasing damage to surrounding land or other water		the pumping will likely cause unreasonably increasing
	users from the concentration of wells under subsection (B)(3)		damage  from  additional   regional  land  subsidence.  To
	of this Section if within 60 days after the date on the notice, or		assist the director in making a determination under this
	a longer time period approved by the director, the applicant		subsection,  the  applicant   may  submit  a  hydrological
	submits one of the following for each well of record identified		study,  which  may  include  a  geophysical  evaluation,
	in the notice:		demonstrating the impact of the new or increased pump-
	1.     A signed and notarized consent form from the owner of		ing on regional land subsidence. The director may require
	the well of record consenting to the withdrawals. The		the applicant to submit such a hydrological study if the
	applicant shall use the consent form furnished by the		director determines that the study will assist the director
	director; or		in making a determination under this subsection; or

3.        Except as provided in subsection (D) of this Section, the director determines, after consulting with ADEQ, that the new or increased pumping 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 with the application a hydrological study demonstrating whether the new or increased pumping will have the effect described in this subsection. If the applicant does not sub- mit such a hydrological study with the application, the director may require the applicant to submit the study if the director determines that the study will assist the direc-

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 the new or increase pumping to lessen the degree of impact on wells of record or regional land subsidence; 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 water exchange permit that compliance with the agreement is a condition of the water exchange permit.

Historical Note

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

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