Current through Register Vol. 30, No. 38, September 20, 2024
A.
The director shall not approve an application for a recovery well permit under
A.R.S. §
45-834.01
that is filed for a new well as defined in A.R.S. §
45-591 or,
except as provided in A.R.S. §
45-834.01(B)(2)
or (3), for an existing well as defined in
A.R.S. §
45-591, if
the director determines that the recovery of stored water 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 recovery of stored water 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 recovery
of stored water 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 the recovery of stored water
from the proposed well or wells. To assist the director in making a
determination under this subsection, the applicant shall submit with the
application 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 the
recovery of stored water from the proposed well or wells;
2. The director determines that the proposed
recovery well or wells will be located in an area of known land subsidence and
the recovery of stored water 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 recovery of stored water from the
proposed recovery 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 the recovery of stored water 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 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 recovery of stored water 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:
1. If the proposed recovery 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 recovery of stored water from the
replacement well if the applicant submits a hydrological study demonstrating
those collective effects to the satisfaction of the director.
2. If the proposed recovery well will be
located within the area of impact, as defined in A.R.S. §
45-802.01,
of an underground storage facility and the applicant will account for all of
the water recovered from the well as water stored at the facility, the director
shall take into account the effects of water storage at the facility on the
proposed recovery of stored water from the recovery well if the applicant
submits a hydrological study demonstrating those 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 recovery of stored water from the proposed recovery 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, 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 recovery of stored water
from the proposed recovery 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 recovery of stored water from
the proposed recovery 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 the
recovery of stored water from the proposed recovery 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 recovery
of stored water from the proposed recovery 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
recovery of stored water from the proposed recovery 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 recovery well or wells or the amount of stored water
to be recovered from the proposed recovery 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
recovery 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
recovery well permit that compliance with the agreement is a condition of the
recovery well permit.
