Current through Register Vol. 30, No. 38, September 20, 2024
A. For purposes of A.R.S. §§
45-544,
45-596,
and
45-597,
a replacement well in approximately the same location is a proposed well to
which all of the following apply:
1. The
proposed well will be located no greater than 660 feet from the original well,
and the location of the original well can be determined at the time the notice
of intention to drill the proposed well is filed;
2. Except as provided in subsections (A)(3)
and (A)(4) of this Section, the proposed well will not annually withdraw an
amount of water in excess of the maximum annual capacity of the original well.
The director shall determine the maximum annual capacity of the original well
by multiplying the maximum pump capacity of the original well in gallons per
minute by 525,600, and then converting the result into acre-feet by dividing
the result by 325,851 gallons. The director shall presume that the maximum pump
capacity of the original well is the maximum pump capacity of the well in
gallons per minute as shown in the Department's well registry records, except
that:
a. If the director has reason to believe
that the maximum pump capacity as shown in the Department's well registry
records is inaccurate, or if the applicant submits evidence demonstrating that
the maximum pump capacity as shown in the Department's well registry records is
inaccurate, the director shall determine the maximum pump capacity by
considering all available evidence, including the depth and diameter of the
well and any evidence submitted by the applicant; or
b. If the Department's well registry records
do not show the maximum pump capacity of the original well, the director shall
not approve the proposed well as a replacement well in approximately the same
location unless the applicant demonstrates to the director's satisfaction the
maximum pump capacity of the original well;
3. If a well permit was issued for the
original well under A.R.S. §
45-599,
the proposed well will not annually withdraw an amount of groundwater in excess
of the maximum annual volume set forth in the well permit;
4. If a recovery well permit was issued for
the well to be replaced pursuant to A.R.S. §
45-834.01(B)
and the permit sets forth a maximum annual
volume of stored water that may be recovered from the well, the proposed well
will not annually recover an amount of stored water in excess of the maximum
annual volume set forth in the recovery well permit;
5. If the well to be replaced has been
physically abandoned in accordance with
R12-15-816, a notice
of intention to drill the proposed well is filed no later than 90 days after
the well to be replaced was physically abandoned; and
6. If the proposed well will be used to
withdraw groundwater from the Little Colorado river plateau groundwater basin
for transportation away from the basin pursuant to A.R.S. §
45-544(B)(1),
one of the following applies:
a. The original
well was drilled on or before January 1, 1991, or was drilled after that date
pursuant to a notice of intention to drill that was on file with the Department
on that date; or
b. The director
previously determined that the withdrawal of groundwater from the original well
for transportation away from the Little Colorado river plateau groundwater
basin complies with
R12-15-1304.
B. After a replacement
well in approximately the same location is drilled, the replacement well may be
operated in conjunction with the original well and any other wells that
replaced the original well if the total annual withdrawals from all wells do
not exceed the maximum amount allowed under subsection (A)(2), (A)(3), or
(A)(4) of this Section, whichever applies.
C. A proposed well may be drilled as a
replacement well in approximately the same location for more than one original
well if the criteria in subsections (A)(1), (A)(5), and (A)(6) of this Section
are met with respect to each original well and if the total annual withdrawals
from the proposed well will not exceed the combined maximum annual amounts
allowed for each original well under subsections (A)(2), (A)(3), or (A)(4) of
this Section, whichever apply.
D.
The director may include conditions in the approval of the notice of intention
to drill the replacement well to ensure that the drilling and operation of the
replacement well meets the requirements of this Section.
