Current through Register Vol. 30, No. 38, September 20, 2024
A. The director shall not approve an
application for a permit to construct a new well or a replacement well in a new
location under A.R.S. §
45-599
if the director determines that the withdrawals from the proposed well or wells
will cause unreasonably increasing damage to surrounding land or other water
users from the concentration of wells under subsection (B) of this
Section.
B. The director shall
determine that the withdrawals from the proposed well or wells will cause
unreasonably increasing damage to surrounding land or other water users from
the concentration of wells if any of the following apply:
1. Except as provided in subsection (D) of
this Section, the director determines that the probable impact of the
withdrawals from the proposed well or wells on any well of record in existence
as of the date of receipt of the application will exceed 10 feet of additional
drawdown after the first five years of operation of the proposed well or wells.
To assist the director in making a determination under this subsection, the
applicant may submit a hydrological study delineating those areas surrounding
the proposed well or wells in which the projected impacts on water levels will
exceed 10 feet of additional drawdown after the first five years of operation
of the proposed well or wells. 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 determination under this subsection;
2. The director determines that the proposed
well or wells will be located in an area of known land subsidence and the
withdrawals from the proposed well or wells will likely cause unreasonably
increasing damage from additional regional land subsidence. To assist the
director in making a determination under this subsection, the applicant may
submit a hydrological study, which may include a geophysical evaluation,
demonstrating the impact of the withdrawals from the proposed well or wells on
regional land subsidence. 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 determination under this subsection; or
3. Except as provided in subsection (E) of
this Section, the director determines, after consulting with ADEQ, that
withdrawals from the proposed well or wells 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 the 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 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 making a determination under this subsection, the applicant may submit a
hydrological study demonstrating whether the withdrawals from the proposed well
or wells will have the effect described in this subsection. 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 determination
under this subsection.
C. In making a determination under subsection
(B)(1), (B)(2), or (B)(3) of this Section, if the proposed well is a
replacement well in a new location, the director shall take into account the
collective effects of reducing or terminating withdrawals from the well being
replaced combined with the proposed withdrawals from the replacement well if
the applicant submits a hydrological study demonstrating those collective
effects to the satisfaction of the director.
D. If the director determines under
subsection (B)(1) of this Section that the probable impact of the withdrawals
from the proposed well or wells on one or more wells of record in existence as
of the date of receipt of the application will exceed 10 feet of additional
drawdown after the first five years of operation of the proposed well or wells,
the director shall notify the applicant in writing of the location of the wells
of record and the names and addresses of the owners of the wells as shown in
the Department's well registry. The director shall not determine that the
withdrawals from the proposed well or wells will cause unreasonably increasing
damage to surrounding land or other water users from the concentration of wells
under subsection (B)(1) of this Section if within 60 days after the date on the
notice, or a longer time period approved by the director, the applicant submits
one of the following 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 from the proposed
well or wells. The applicant shall use the consent 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 Department'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. If the director determines that
withdrawals from the proposed well or wells will have the effect described in
subsection (B)(3) of this Section on one or more wells of record in existence
as of the date of receipt of the application, the director shall notify the
applicant in writing of the location of the wells of record and the names and
addresses of the owners of the wells as shown in the Department's well
registry. The director shall not determine that the withdrawals from the
proposed well or wells will cause unreasonably increasing damage to surrounding
land or other 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 applicant submits one of the
following 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 from the proposed
well or wells. The applicant shall use the consent 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 Department'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.
F. At any time before a final determination
under this Section, the applicant may:
1.
Amend the application to change the location of the proposed 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 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
well permit that compliance with the agreement is a condition of the well
permit.
