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 R12-15-1305 - Well Spacing Requirements - Applications to Use a Well to Withdraw Groundwater for Transportation to an Active Management Area under A.R.S. Section 45-559

Current through Register Vol. 30, No. 28, July 12, 2024
A. The director
				shall not approve an application to use a well or wells constructed after
				September 21, 1991, to withdraw groundwater for transportation to an active
				management area under A.R.S. §
									45-559
				if the director determines that the withdrawals for that purpose 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 of groundwater 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 (C) of this Section, the director determines that the probable
				impact of the groundwater withdrawals 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 the withdrawals. 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 of the groundwater withdrawals on water
				levels will exceed 10 feet of additional drawdown after the first five years of
				the withdrawals. 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
				groundwater withdrawals 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 groundwater withdrawals 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 (D) of this Section, the director determines, after
				consulting with ADEQ, that the groundwater withdrawals 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 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 groundwater withdrawals 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.