Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 15 - Department of Water Resources › Article 13 - WELL SPACING REQUIREMENTS; REPLACEMENT WELLS IN APPROXIMATELY THE SAME LOCATION › Section R12-15-1301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §§
									45-101,
				  45-402,
				  and
				  45-591,
				  the following words and phrases in this Article shall have the following
				  meanings, unless the context otherwise requires:
1. "Abandoned well" means a well for which a well abandonment
				  completion report has been filed pursuant to
				  R12-15-816(E)
				  or for which a notification of abandonment has been filed pursuant to
				  R12-15-816(K).
2. "Additional drawdown" means a lowering in the water levels
				  surrounding a well that is the result of the operation of the well and that is
				  not attributable to existing regional rates of decline or existing impacts from
				  other wells.
3. "Applicant" means any of the following:
a. A person who has filed an application for a permit to
				  construct a new well or a replacement well in a new location under A.R.S.
				  §
									45-599;
b. A person who has filed an application for a recovery well
				  permit under A.R.S. §
									45-834.01
				  for a new well as defined in A.R.S. §
									45-591 or,
				  except as provided in A.R.S. §
									45-834.01(B)(2)
				  or (3), an existing well as defined in A.R.S.
				  §
									45-591;
c. A person who has filed an application for approval to use
				  a well to withdraw groundwater for transportation to an active management area
				  under A.R.S. §
									45-559;
				  or
d. A person, other than a city, town, private water company,
				  or irrigation district, who has filed an application for a water exchange
				  permit under A.R.S. §
									45-1041.
4. "ADEQ" means the Arizona Department of Environmental
				  Quality.
5. "Contaminated groundwater" means groundwater that has been
				  contaminated by a release of a hazardous substance, as defined in A.R.S. §
									49-201, or
				  a pollutant, as defined in A.R.S. §
									49-201.
6. "DOD" means the United States Department of
				  Defense.
7. "EPA" means the United States Environmental Protection
				  Agency.
8. "LCR plateau groundwater transporter" means a person
				  transporting groundwater from the Little Colorado River plateau groundwater
				  basin to another groundwater basin pursuant to A.R.S. §
									45-544(B)(1).
9. "Notice of water exchange participant" means a person,
				  other than a city, town, private water company, or irrigation district, named
				  as a participant in a water exchange in a notice of water exchange filed under
				  A.R.S. §
									45-1051.
10. "Original well" means the well replaced by a replacement
				  well in approximately the same location, except that if the replacement well is
				  the latest in a succession of two or more wells drilled as replacement wells in
				  approximately the same location under
				  R12-15-1308
				  or temporary rule R12-15-840 adopted by the director on March 11, 1983,
				  "original well" means the well replaced by the first replacement well in
				  approximately the same location.
11. "Remedial action site" means any of the following:
a. The site of a remedial action undertaken pursuant to the
				  comprehensive environmental response, compensation, and liability act
				  ("CERCLA") of 1980, as amended,
				  42
				  U.S.C. 9601, et seq., commonly known as a
				  "superfund" site;
b. The site of a corrective action undertaken pursuant to
				  A.R.S. Title 49, Chapter 6, commonly known as a leaking underground storage
				  tank ("LUST") site;
c. The site of a voluntary remediation action undertaken
				  pursuant to A.R.S. Title 49, Chapter 1, Article 5;
d. The site of a remedial action undertaken pursuant to
				  A.R.S. Title 49, Chapter 2, Article 5, commonly known as a water quality
				  assurance revolving fund ("WQARF") site;
e. The site of a remedial action undertaken pursuant to the
				  Resource Conservation and Recovery Act ("RCRA"),
				  42 U.S.C.
				  6901, et seq.; or
f. The site of remedial action undertaken pursuant to the
				  Department of Defense Environmental Restoration Program,
				  10 U.S.C.
				  2701, et seq., commonly known as a
				  "Department of Defense site" or a "DOD site."
12. "Replacement well" means a well drilled for the purpose
				  of replacing another well.
13. "Replacement well in a new location" means a replacement
				  well that does not qualify as a replacement well in approximately the same
				  location under
				  R12-15-1308.
14. "Replacement well in approximately the same location"
				  means a replacement well that qualifies as a replacement well in approximately
				  the same location under
				  R12-15-1308.
15. "Well" has the meaning prescribed in A.R.S. §
									45-402. An
				  abandoned well is not a well.
16. "Well of record" means, with respect to an applicant, an
				  LCR plateau groundwater transporter, or a notice of water exchange participant,
				  any well or proposed well not owned by the applicant, LCR plateau groundwater
				  transporter, or notice of water exchange participant, or proposed to be drilled
				  by the applicant, LCR plateau groundwater transporter, or notice of water
				  exchange participant, to which any of the following apply:
a. The well is an existing well as defined in A.R.S. §
									45-591 and
				  the owner or operator has registered the well with the Department, unless the
				  current well information on file with the Department identifies the sole
				  purpose or purposes of the well as one or more of the following:
i. Cathodic protection;
ii. Use as a sump pump or heat pump;
iii. Air sparging;
iv. Injection of liquids or gasses into the aquifer or vadose
				  zone, including injection wells that are part of an underground storage
				  facility permitted under A.R.S. Title 45, Chapter 3.1;
v. Monitoring water levels or water quality, including a
				  piezometer well;
vi. Obtaining geophysical, mineralogical, or geotechnical
				  data;
vii. Grounding;
viii. Soil vapor extraction;
ix. Electrical energy generation pursuant to a temporary
				  permit for electrical energy generation issued under A.R.S. §
									45-517;
x. Dewatering pursuant to a dewatering permit issued under
				  A.R.S. §
									45-513
				  or a temporary dewatering permit issued under A.R.S. §
									45-518;
xi. Drainage pursuant to a drainage water withdrawal permit
				  issued under A.R.S. §
									45-519;
				  or
xii. Hydrologic testing pursuant to a hydrologic testing
				  permit issued under A.R.S. §
									45-519.01.
b. The well is a new well as defined in A.R.S. §
									45-591 for
				  which a notice of intention to drill was not filed pursuant to A.R.S. §
									45-596
				  and for which a permit was not issued pursuant to A.R.S. §§
									45-599
				  or
				  45-834.01,
				  and the owner or operator has registered the well with the Department, unless
				  the current well information on file with the Department identifies the sole
				  purpose or purposes of the well as one or more of the purposes in subsection
				  (16)(a)(i) through (xii) of this Section;
c. A filing has been made for the well pursuant to A.R.S.
				  §
									45-596(A) or
				  (B), unless any of the following apply:
i. The filing has expired pursuant to A.R.S. §
									45-596(E);
ii. The filing identifies the sole purpose or purposes of the
				  well as one or more of the purposes in subsection (16)(a)(i) through (xii) of
				  this Section; or
iii. The well is an exempt well and the director is
				  prohibited by A.R.S. §
									45-454(D)(4)
				   from considering impacts on the well when
				  determining whether to approve or reject a permit application filed under
				  A.R.S. §
									45-599.
d. An application for a permit to drill the well has been
				  received by the Department pursuant to A.R.S. §
									45-599,
				  unless the application has been rejected after exhaustion of all administrative
				  and judicial appeals or the permit issued pursuant to the application has been
				  revoked or has expired according to its terms or for failure to complete the
				  well in a timely manner pursuant to A.R.S. §
									45-599(G);
e. An application for a permit pursuant to A.R.S.
				  §§
									45-514
				  or
				  45-516
				  has been received by the Department pursuant to A.R.S. §
									45-521,
				  unless the application has been rejected after exhaustion of all administrative
				  and judicial appeals or the permit issued pursuant to the application has been
				  revoked or has expired according to its terms or for failure to complete the
				  well before expiration of the drilling authority; or
f. An application for a permit to drill a recovery well has
				  been received by the Department pursuant to A.R.S. §
									45-834.01,
				  unless the application has been rejected after exhaustion of all administrative
				  and judicial appeals or the permit issued pursuant to the application has been
				  revoked or has expired according to its terms or for failure to complete the
				  well in a timely manner pursuant to A.R.S. §
									45-834.01(F).