Current through Register Vol. 30, No. 38, September 20, 2024
A. A notice of
water exchange participant may not participate in a water exchange for which a
notice is filed under A.R.S. §
45-1051
if the director determines that any new or increased pumping by the person 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 from the well or wells in 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 when the pumping commenced or is proposed to commence 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 notice
of water exchange participant may submit to the director a hydrological study
delineating those areas surrounding the notice of water exchange participant's
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 notice of water exchange
participant 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 is 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 notice of water exchange participant
may submit to the director a hydrological study, which may include a
geophysical evaluation, demonstrating the impact of the pumping on regional
land subsidence. The director may require the notice of water exchange
participant 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 when the pumping commenced or is proposed to commence,
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 notice of water exchange
participant may submit to the director a hydrological study demonstrating
whether the new or increased pumping will have the effect described in this
subsection. The director may require the notice of water exchange participant
to submit such a 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 when the pumping commenced
or is proposed to commence will exceed 10 feet of additional drawdown after the
first five years of the pumping, the director shall notify the notice of water
exchange participant 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)(1) of this
Section if within 60 days after the date on the notice, or a longer time period
approved by the director, the notice of water exchange participant 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
notice of water exchange participant 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 notice of water exchange participant 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
when the pumping commenced or is proposed to commence, the director shall
notify the notice of water exchange participant 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 notice of water
exchange participant 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 notice of water exchange participant 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 notice of water exchange
participant 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 notice of water exchange participant may agree to
construct or operate the well or wells in a manner that lessens the degree of
impact on wells of record or regional land subsidence. Compliance with the
agreement is a condition for the use of the well to pump water for the water
exchange.
