Section R12-15-1307. Well Spacing Requirements - Notices of Water Exchange Under A.R.S. § 45-1051

A.      A notice of water exchange participant may not participate in a

	tor in making a determination under this subsection.		water exchange for which a notice is filed under A.R.S. § 45-
C.	If the director determines under subsection (B)(1) of this Sec-		1051 if the director determines that any new or increased
	tion that the probable impact of the new or increased pumping		pumping by the person from a well or wells within an active
	on any well of record in existence as of the date of receipt of		management area pursuant to the water exchange will cause
	the application will exceed 10 feet of additional drawdown		unreasonably increasing damage to surrounding land or other
	after the first five years of the pumping, the director shall		water users under subsection (B) of this Section.
	notify the applicant in writing of the location of the wells of	B.	The director shall determine that new or increased pumping
	record and the names and addresses of the owners of the wells		from the well or wells in an active management area will cause
	as shown in the Department’s well registry. The director shall		unreasonably increasing damage to surrounding land or other
	not determine that the new or increased pumping will cause		water users if any of the following apply:
	unreasonably increasing damage to surrounding land or other		1.     Except as provided in subsection (C) of this Section, the
	water users under subsection (B)(1) of this Section if within 60		director determines that the probable impact of the new or
	days after the date on the notice, or a longer time period		increased pumping on any well of record in existence
	approved by the director, the applicant submits one of the fol-		when the pumping commenced or is proposed to com-
	lowing for each well of record identified in the notice:		mence will exceed 10 feet of additional drawdown after
	1.     A signed and notarized consent form from the owner of		the first five years of the pumping. To assist the director
	the well of record consenting to the new or increased		in  making   a  determination   under  this  subsection,  the
	pumping. The applicant shall use the consent form fur-		notice of water exchange participant may submit to the
	nished by the director; or		director a hydrological study delineating those areas sur-
	2.     Evidence satisfactory to the director that the address of		rounding the notice of water exchange participant’s well
	the owner of the well of record as shown in the Depart-		or wells in which the projected impacts of the new or
	ment’s well registry records is inaccurate and that the		increased pumping on water levels will exceed 10 feet of
	applicant made a reasonable attempt to locate the current		additional  drawdown   after  the  first   five  years  of   the
	owner of the well of record but was unable to do so.		pumping. The director may require the notice of water
D.	If the director determines that the new or increased pumping		exchange participant to submit such a hydrological study
	will have the effect described in subsection (B)(3) of this Sec-		if the director determines that the study will assist the
	tion on one or more wells of record in existence as of the date		director in making a determination under this subsection;
	of receipt of the application, the director shall notify the appli-		2.     The director determines that the new or increased pump-
	cant in writing of the location of the wells of record and the		ing is in an area of known land subsidence and the pump-
	names and addresses of the owners of the wells as shown in		ing will likely cause unreasonably increasing damage
	the Department’s well registry. The director shall not deter-		from additional regional land subsidence. To assist the
	mine that the new or increased pumping will cause unreason-		director in making a determination under this subsection,
	ably increasing damage to surrounding land or other water		the notice of water exchange participant may submit to
	users from the concentration of wells under subsection (B)(3)		the director a hydrological study, which may include a
	of this Section if within 60 days after the date on the notice, or		geophysical evaluation, demonstrating the impact of the
	a longer time period approved by the director, the applicant		pumping on regional land subsidence. The director may
	submits one of the following for each well of record identified		require the notice of water exchange participant to submit
	in the notice:		such a hydrological study if the director determines that
	1.     A signed and notarized consent form from the owner of		the study will assist the director in making a determina-
	the well of record consenting to the new or increased		tion under this subsection; or
	pumping. The applicant shall use the consent form fur-		3.     Except as provided in subsection (D) of this Section, the
	nished by the director; or		director determines, after consulting with ADEQ, that the
	2.     Evidence satisfactory to the director that the address of		new or increased pumping will likely cause the migration
	the owner of the well of record as shown in the Depart-		of contaminated groundwater from a remedial action site
	ment’s well registry records is inaccurate and that the		to a well of record in existence when the pumping com-

menced or is proposed to commence, resulting in a degra- dation 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 addi- tional treatment, and that the damage to the owner of the well of record will not be prevented or adequately miti- gated through the implementation of a program regulated under Title 49 of the Arizona Revised Statutes, or a pro- gram regulated by EPA or DOD. To assist the director in making a determination under this subsection, the notice of water exchange participant may submit to the director a hydrological study demonstrating whether the new or increased pumping will have the effect described in this subsection. The director may require the notice of water exchange participant to submit such a study if the director determines that the study will assist the director in mak- ing a determination under this subsection.

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 notice of water exchange participant 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 to pump water for the water exchange.

Historical Note

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

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