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 R12-15-1307 - Well Spacing Requirements - Notices of Water Exchange under A.R.S. Section 45-1051

Current through Register Vol. 30, No. 28, July 12, 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.