Current through Register Vol. 30, No. 38, September 20, 2024
A. The director
shall not approve an application to use a well or wells constructed after
September 21, 1991, to withdraw groundwater for transportation to an active
management area under A.R.S. §
45-559
if the director determines that the withdrawals for that purpose 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 of groundwater 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 (C) of this Section, the director determines that the probable
impact of the groundwater withdrawals 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 withdrawals. 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 of the groundwater withdrawals on water
levels will exceed 10 feet of additional drawdown after the first five years of
the withdrawals. 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
groundwater withdrawals 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 groundwater withdrawals 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 (D) of this Section, the director determines, after
consulting with ADEQ, that the groundwater withdrawals 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 groundwater withdrawals 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. If the
director determines under subsection (B)(1) of this Section that the probable
impact of the groundwater withdrawals 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 withdrawals, 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 groundwater
withdrawals 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. 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.
D. If the director
determines that the groundwater withdrawals 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 groundwater withdrawals
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. 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. 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
permit that compliance with the agreement is a condition of the permit to use
the well or wells to withdraw groundwater for transportation to an active
management area under A.R.S. §
45-559.
