Current through Register Vol. 30, No. 38, September 20, 2024
A. The
director shall not approve an application for a water exchange permit filed
under A.R.S. §
45-1041
by a person other than a city, town, private water company or irrigation
district if the director determines that any new or increased pumping by the
applicant from a well or wells within an active management area pursuant to the
water exchange will cause unreasonably increasing damage to surrounding land or
other water users under subsection (B) of this Section.
B. The director shall determine that new or
increased pumping by the applicant from a well or wells within an active
management area will cause unreasonably increasing damage to surrounding land
or other water users 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 new or
increased pumping 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 pumping. 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 new or increased pumping on water levels will exceed
10 feet of additional drawdown after the first five years of the pumping. 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 new or
increased pumping will occur in an area of known land subsidence and the
pumping 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 new or
increased pumping 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 new or increased pumping 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 with
the application a hydrological study demonstrating whether the new or increased
pumping will have the effect described in this subsection. If the applicant
does not submit such a hydrological study with the application, the director
may require the applicant to submit the 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 new or increased pumping 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 pumping, 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 new or increased pumping
will cause unreasonably increasing damage to surrounding land or other water
users 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 new or increased pumping. 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 new or increased pumping 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 new or increased pumping
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 new or increased pumping. 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 the new or increase
pumping 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 water exchange permit that compliance with the agreement
is a condition of the water exchange permit.
