Current through Vol. 42, No. 1, September 16, 2024
(a)
Spacing. Within bedrock groundwater basins where the maximum
annual yield has been determined, no new or proposed well(s) shall be drilled
and completed within one thousand three hundred twenty feet (1320') of an
authorized existing well or proposed well location on lands of another,
provided that the well on lands of another is capable of taking water from the
same basin. Within alluvium and terrace ground-water basins where the maximum
annual yield has been determined, no new or proposed well(s) shall be drilled
and completed within six hundred sixty feet (660') of an authorized existing
well or proposed well location on lands of another, provided that the well on
lands of another is capable of taking water from the same basin. These well
spacing provisions shall not be applicable to plugged or abandoned wells or
wells authorized pursuant to a provisional temporary permit if no regular,
temporary, special or limited quantity permit application requesting
authorization to use the same wells is filed.
(b)
Location exceptions. A
location exception shall be granted if the person requesting the exception
shows and the Board determines in an individual proceeding that drilling or
completing the new or proposed well at the location required to comply with the
established well spacing set forth in subsection (a) of this section would be
inequitable or unreasonable, and that notice of the location exception request
is provided. The following situations are examples to show that compliance with
well spacing would be inequitable or unreasonable:
(1) No objection is received from any
landowner having a well located within the established well spacing distance of
the proposed well requested to be authorized.
(2) The amount or dimensions of the land
dedicated to the permit precludes the drilling of a well in compliance with the
spacing requirement set forth in (a) of this section.
(3) The well requested to be authorized is a
well which was drilled, completed and used prior to the date of the maximum
annual yield determination and which does not meet the spacing requirements of
(a) of this section.
(c)
Well spacing within a sensitive sole source ground water basin.
(1) Within a sensitive sole source
groundwater basin where the maximum annual yield has been determined:
(A) No new or proposed well shall be drilled
and completed within a one thousand three hundred twenty feet (1320') radius of
a spring that flows 50 or more gallons per minute, emanates from the basin and
is identified in Appendix D to this Chapter;
(B) No new or proposed well shall be drilled
and completed within a two (2)-mile radius of a spring that flows 500 or more
gallons per minute, emanates from the basin and is identified in Appendix D to
this Chapter, unless the Board first determines that the total amount of
groundwater authorized to be used from all wells within that radius is no more
than 1600 acre feet per year; and
(C) No new or proposed well shall be drilled
and completed within one (1) mile of a stream segment considered to be
perennial in the U.S. Geological Survey's National Hydrology Dataset and with a
base flow of 500 gallons per minute that emanates from the basin.
(2) Provided, an applicant may
obtain an exception from the provisions of paragraph (1) of this subsection (c)
if:
(A) The applicant first demonstrates to
the satisfaction of the Board that the cumulative impact of pumping from the
new or proposed well together with authorized pumping from existing and
proposed wells will not cause a reduction of more than 25% of the base flow of
the subject spring or stream; or
(B) The amount or dimensions of the land
dedicated to the permit precludes the drilling of a well in compliance with the
provisions of paragraph (1) of this subsection (c).
(3) Notwithstanding any other provision of
this subsection (c), the Board shall not authorize any new or proposed well
within a sensitive sole source ground-water basin where the maximum annual
yield has been determined if the use of that well is likely to degrade or
interfere with springs or streams emanating in whole or in part from the
basin.
