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 R12-15-1302 - Well Spacing Requirements - Applications to Construct New Wells or Replacement Wells in New Locations Under A.R.S. Section 45-599

Current through Register Vol. 30, No. 28, July 12, 2024
A. The director shall not approve an
				application for a permit to construct a new well or a replacement well in a new
				location under A.R.S. §
									45-599
				if the director determines that the withdrawals from the proposed well or wells
				will cause unreasonably increasing damage to surrounding land or other water
				users from the concentration of wells under subsection (B) of this
				Section.
B. The director shall
				determine that the withdrawals from the proposed well or wells will cause
				unreasonably increasing damage to surrounding land or other water users from
				the concentration of wells if any of the following apply:
1. Except as provided in subsection (D) of
				this Section, the director determines that the probable impact of the
				withdrawals from the proposed well or wells on any well of record in existence
				as of the date of receipt of the application will exceed 10 feet of additional
				drawdown after the first five years of operation of the proposed well or wells.
				To assist the director in making a determination under this subsection, the
				applicant may submit a hydrological study delineating those areas surrounding
				the proposed well or wells in which the projected impacts on water levels will
				exceed 10 feet of additional drawdown after the first five years of operation
				of the proposed well or wells. The director may require the applicant 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 proposed
				well or wells will be located in an area of known land subsidence and the
				withdrawals from the proposed well or wells will likely cause unreasonably
				increasing damage from additional regional land subsidence. To assist the
				director in making a determination under this subsection, the applicant may
				submit a hydrological study, which may include a geophysical evaluation,
				demonstrating the impact of the withdrawals from the proposed well or wells on
				regional land subsidence. The director may require the applicant 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 (E) of
				this Section, the director determines, after consulting with ADEQ, that
				withdrawals from the proposed well or wells will likely cause the migration of
				contaminated groundwater from a remedial action site to a well of record in
				existence as of the date of the receipt of the application, 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 applicant may submit a
				hydrological study demonstrating whether the withdrawals from the proposed well
				or wells will have the effect described in this subsection. The director may
				require the applicant to submit such a hydrological study if the director
				determines that the study will assist the director in making a determination
				under this subsection.