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 R12-15-1303 - Well Spacing Requirements - Applications for Recovery Well Permits Under A.R.S. Section 45-834.01

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The director shall not approve an application for a recovery well permit under
				A.R.S. §
									45-834.01
				that is filed 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), for an existing well as defined in
				A.R.S. §
									45-591, if
				the director determines that the recovery of stored water 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 recovery of stored water 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 recovery
				of stored water 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 the recovery of stored water
				from the proposed well or wells. To assist the director in making a
				determination under this subsection, the applicant shall submit with the
				application 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 the
				recovery of stored water from the proposed well or wells;
2. The director determines that the proposed
				recovery well or wells will be located in an area of known land subsidence and
				the recovery of stored water 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 recovery of stored water from the
				proposed recovery 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 the recovery of stored water 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 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 recovery of stored water 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.