Section R12-15-1308. Replacement Wells in Approximately the Same Location

A. For purposes of A.R.S. §§ 45-544, 45-596, and 45-597, a replacement well in approximately the same location is a pro- posed well to which all of the following apply:

C.	If the director determines under subsection (B)(1) of this Sec-	1.	The proposed well will be located no greater than 660
	tion that the probable impact of the new or increased pumping		feet from the original well, and the location of the origi-
	on any well of record in existence when the pumping com-		nal well can be determined at the time the notice of inten-
	menced or is proposed to commence will exceed 10 feet of		tion to drill the proposed well is filed;
	additional drawdown after the first five years of the pumping,	2.	Except as provided in subsections (A)(3) and (A)(4) of
	the director shall notify the notice of water exchange partici-		this Section, the proposed well will not annually with-
	pant in writing of the location of the wells of record and the		draw an amount of water in excess of the maximum
	names and addresses of the owners of the wells as shown in		annual capacity of the original well. The director shall
	the Department’s well registry. The director shall not deter-		determine the maximum annual capacity of the original
	mine that the new or increased pumping will cause unreason-		well by multiplying the maximum pump capacity of the
	ably increasing damage to surrounding land or other water		original well in gallons per minute by 525,600, and then
	users from the concentration of wells under subsection (B)(1)		converting the result into acre-feet by dividing the result
	of this Section if within 60 days after the date on the notice, or		by 325,851 gallons. The director shall presume that the
	a longer time period approved by the director, the notice of		maximum pump capacity of the original well is the maxi-
	water exchange participant submits one of the following for		mum pump capacity of the well in gallons per minute as
	each well of record identified in the notice:		shown in the Department’s well registry records, except
	1.     A signed and notarized consent form from the owner of		that:
	the well of record consenting to the new or increased		a.      If the director has reason to believe that the maxi-
	pumping. The notice of water exchange participant shall		mum pump capacity as shown in the Department’s
	use the consent form furnished by the director; or		well registry records is inaccurate, or if the applicant
	2.     Evidence satisfactory to the director that the address of		submits evidence demonstrating that the maximum
	the owner of the well of record as shown in the Depart-		pump capacity as shown in the Department’s well
	ment’s well registry records is inaccurate and that the		registry  records   is  inaccurate,   the  director  shall
	notice of water exchange participant made a reasonable		determine the maximum pump capacity by consider-
	attempt to locate the current owner of the well of record		ing all available evidence, including the depth and
	but was unable to do so.		diameter of the well and any evidence submitted by
D.	If the director determines that the new or increased pumping		the applicant; or
	will have the effect described in subsection (B)(3) of this Sec-		b.     If  the  Department’s  well  registry   records  do  not
	tion on one or more wells of record in existence when the		show the maximum pump capacity of the original
	pumping commenced or is proposed to commence, the direc-		well, the director shall not approve the proposed
	tor shall notify the notice of water exchange participant in		well as  a replacement well in approximately the
	writing of the location of the wells of record and the names		same location unless the applicant demonstrates to
	and addresses of the owners of the wells as shown in the		the  director’s  satisfaction  the  maximum  pump
	Department’s well registry. The director shall not determine		capacity of the original well;
	that the new or increased pumping will cause unreasonably	3.	If a well permit was issued for the original well under
	increasing damage to surrounding land or other water users		A.R.S. § 45-599, the proposed well will not annually
	from the concentration of wells under subsection (B)(3) of this		withdraw an amount of groundwater in excess of the
	Section if within 60 days after the date on the notice, or a lon-		maximum annual volume set forth in the well permit;
	ger time period approved by the director, the notice of water	4.	If a recovery well permit was issued for the well to be
	exchange participant submits one of the following for each		replaced pursuant to A.R.S. § 45-834.01(B) and the per-
	well of record identified in the notice:		mit sets forth a maximum annual volume of stored water
	1.     A signed and notarized consent form from the owner of		that may be recovered from the well, the proposed well
	the well of record consenting to the new or increased		will not annually recover an amount of stored water in
	pumping. The notice of water exchange participant shall		excess of the maximum annual volume set forth in the
	use the consent form furnished by the director; or		recovery well permit;
	2.     Evidence satisfactory to the director that the address of	5.	If the well to be replaced has been physically abandoned
	the owner of the well of record as shown in the Depart-		in accordance with R12-15-816, a notice of intention to
	ment’s well registry records is inaccurate and that the		drill the proposed well is filed no later than 90 days after
	notice of water exchange participant made a reasonable		the well to be replaced was physically abandoned; and

6.  If the proposed well will be used to withdraw groundwa- ter from the Little Colorado river plateau groundwater basin for transportation away from the basin pursuant to

A.R.S. § 45-544(B)(1), one of the following applies:

a.         The original well was drilled on or before January 1, 1991, or was drilled after that date pursuant to a notice of intention to drill that was on file with the Department on that date; or

b.        The director previously determined that the with- drawal of groundwater from the original well for transportation away from the Little Colorado river plateau groundwater basin complies with R12-15- 1304.

B.       After a replacement well in approximately the same location is drilled, the replacement well may be operated in conjunction with the original well and any other wells that replaced the original well if the total annual withdrawals from all wells do not exceed the maximum amount allowed under subsection (A)(2), (A)(3), or (A)(4) of this Section, whichever applies.

C.      A proposed well may be drilled as a replacement well in approximately the same location for more than one original well if the criteria in subsections (A)(1), (A)(5), and (A)(6) of this Section are met with respect to each original well and if the total annual withdrawals from the proposed well will not exceed the combined maximum annual amounts allowed for each original well under subsections (A)(2), (A)(3), or (A)(4) of this Section, whichever apply.

D.      The director may include conditions in the approval of the notice of intention to drill the replacement well to ensure that the drilling and operation of the replacement well meets the requirements of this Section.

Historical Note

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

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