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Well News:  New and Pending Legislation

For information regarding the Well Spacing and Impact Rules and Replacement Wells in the Same Location rule review process that applies to wells having a maximum pump capacity of greater than 35 gpm and located within Active Management Areas (AMA) scroll down or click here.

Effective January 1, 2006, Arizona Revised Statute (A.R.S.) § 45-454(C) will prohibit the drilling of an exempt well (a well that has a maximum pump capacity of not more than thirty-five gallons per minute and that is used only for non-irrigation purposes) on land if any part of the land is within 100 feet of the operating water distribution system of a municipal water provider that has an assured water supply designation (designated water provider) within the boundaries of an Active Management Area (AMA) as shown on a digitized service area map provided to the Director by the municipal provider and updated by the municipal provider as specified by the Director.  For list of Designated Water Providers, click here (updated October 27, 2005).

There are several exceptions to this prohibition on drilling an exempt well on land within 100 feet of a designated water provider’s operating water distribution system.

First, A.R.S. § 45-454(D) provides that the Director shall grant an exemption from A.R.S. § 45-454(C) if the landowner demonstrates one of the following:

1. The landowner submitted a written request for service to the municipal provider that operates the distribution system and the municipal provider did not provide written verification to the landowner with thirty calendar days after receipt of the request that water service is available to the landowner after payment of any applicable fee to the municipal provider.

2. The total capital cost and fees for connecting to the operating water distribution system exceed the total capital cost and fees for drilling and fully equipping the exempt well.

3. If the applicant must obtain an easement across other land to connect to the water distribution system of the municipal provider, the applicant sent the owner of the land a request for the easement by certified mail, return receipt requested, and either the applicant did not receive a response to the request within thirty calendar days of mailing the request or the request was denied.

4. The landowner does not qualify for an exemption pursuant to paragraphs 1, 2, or 3 above and the landowner provides written verification from the municipal provider that the landowner shall not receive or request water service from the municipal provider while the exempt well is operational. The exemption for the well is revoked if the landowner or any subsequent landowner receives water service from the municipal provider. In determining whether to approve or reject an application to drill a non-exempt well under A.R.S. § 45-599, the Director shall not consider any impacts the proposed non-exempt well may have on an exempt well drilled pursuant to this paragraph.

Second, A.R.S. § 45-454(E) provides that A.R.S. § 45-454(C) does not prohibit the drilling of a replacement exempt well for an existing lawful exempt well if the replacement well does not increase the total number of operable exempt wells on the well owner’s land.

Finally, A.R.S. § 45-454(F) provides that A.R.S. § 45-454(C) does not apply to a remediation well drilled for the purpose of remediating groundwater if one of the following applies:

1. The well is for an approved Department of Environmental Quality or United States Environmental Protection Agency remediation program.

2. A registered geologist certifies that the remediation well is for the purpose of remediation.

Beginning January 1, 2006, a person filing a notice of intention (NOI) to drill an exempt well within an AMA (except a replacement exempt well) must indicate on the NOI whether the land on which the well is to be drilled is within 100 feet of a designated water provider’s operating water distribution system as shown on the provider’s most recent digitized service area map on file with the Department. To make this determination, the person filing the NOI must come to the Department’s offices and review the most recent digitized service area maps of all nearby designated water providers. If the person indicates on the NOI that the land on which the well is to be drilled is within 100 feet of a designated water provider’s operating water distribution system as shown on the provider’s most recent digitized service area map on file with the Department, the Department will not grant the NOI unless the person applies for and is granted an exemption pursuant to A.R.S. § 45-454(D) or (F).

It is important to note that the prohibition on drilling an exempt well on land within 100 feet of a designated water provider’s operating water distribution system applies up to the time well drilling commences. Therefore, even if the land on which an exempt well is to be drilled is not within 100 feet of a designated water provider’s operating water distribution system as shown on the provider’s most recent digitized service area map on file with the Department at the time the NOI is filed, if at any time between the time the NOI is filed and the time well drilling commences, a designated water provider files a digitized service area map showing that the provider’s operating water distribution system is within 100 feet of the land, the well may not be drilled on or after January 1, 2006 unless the person who filed the NOI applies for and is granted an exemption pursuant to A.R.S. § 45-454(D) or (F). For that reason, unless an exemption is granted at the time drilling authority is issued, a person who receives a drilling authority for an exempt well in an AMA (except a replacement exempt well) should come to the Department’s offices as close to the drilling date as possible and review the most recent digitized service area maps of all nearby designated water providers.

To request an exemption pursuant to A.R.S. § 45-454(D), a person must file with the Department supplemental form “Exempt Well Certification of Compliance with A.R.S. § 45-454(C) or Request for Exemption Pursuant to A.R.S. § 45-454(D)” [form A.R.S. § 45-454(C) & (D)].

To request an exemption pursuant to A.R.S. § 45-454(F), a person must file with the Department supplemental form “Remediation Well Certification of Compliance with A.R.S. § 45-454(C) or Request for Exemption Pursuant to A.R.S. § 45-454(F)” [form A.R.S. § 45-454(C) & (F)].

These supplemental forms are available at all Department offices and online at: Exempt Well Certification of Compliance with A.R.S. § 45-454(C) or Request for Exemption Pursuant to A.R.S. § 45-454(D) and Remediation Well Certification of Compliance with A.R.S. § 45-454(C) or Request for Exemption Pursuant to A.R.S. § 45-454(F) .

The digitized service area maps of designated water providers will be available for review by the public at the Department’s Phoenix office and in the outlying AMA offices beginning December 30, 2005. For security purposes, these maps may not be reproduced or electronically transferred. The Department will update the service area map of a designated water provider upon request by the provider, so it is important to review the maps as close to the drilling date as possible.

A current listing of designated water providers may be found at: http://www.azwater.gov/dwr/Content/Find_by_Category/Permits_
Forms_Applications/Files/AssuredWaterSupply/List_of_Designated_Providers_2005.pdf.

A person who files an NOI to drill an exempt well is responsible for ensuring that the well is not drilled in violation of A.R.S. § 45-454(C). If the Department determines that a person has drilled an exempt well in violation of A.R.S. § 45-454(C), the Department may commence an enforcement action against the person in which it may seek an order requiring the person to pay civil penalties and/or abandon the well.

For more information regarding A.R.S. § 45-454(C) and the prohibition on drilling an exempt well within 100 feet of a designated water provider’s operating water distribution systems, click here.

For information regarding the 2005 Exempt Wells amendments, which affect wells designed to pump 35 gpm or less that are located within certain areas of the AMAs click here

For information regarding the Arizona Water Settlements Act, which affect several areas of the Department including well drilling (locating new wells in certain areas of the State), click here

Information about new laws and policies that affect well drilling and well driller licensing will be posted as they become available.

Well Drilling in Arizona

Prior to drilling a new well, or deepening or modifying an existing well, a person must file a Notice of Intent to Drill with the Department. Forms are available on this site and must be submitted to the Department accompanied by the appropriate filing fee. Authority to deepen an existing well or drill a new well will be valid for one year; after that a new Notice of Intent must be filed. A licensed well drilling contractor must perform the work.  Definitions of commonly used well drilling and groundwater management terms are found on the Online Filing section of our website.

A typical drill rig like this may be seen when one is traveling along Arizona’s roadways.  To begin the process of drilling a well in Arizona, select a licensed well drilling contractor.

eNOI: Online Filing Center for Notices of Intention to Drill Wells

Online filing of Notices of Intention to Drill Wells. This site may be used by licensed well drilling contractors to obtain online authorizations to drill certain types of wells.

Well Drilling Guidance A Practical Guide to Drilling a Well in Arizona ADWR regulates all groundwater wells in Arizona.  Well regulations are vital to the proper management and protection of our groundwater. Well construction standards help prevent contamination of your well and the surrounding groundwater. A domestic well equipped to pump 35 gallons per minute or less may be constructed in many areas of Arizona to serve water for any uses related to the supply, service and activities of households and private residences. Well Owner’s Guide - This guide provides useful information and advice to prospective domestic well owners on their upcoming well construction projects. If your well is designed to pump more than 35 gallons per minute and is within the boundaries of an Active Management Area (AMA), the request to drill is reviewed and authorized through that AMA.  Please refer to Water Management - AMA/INA. The terms cadastral location refers to a method of locating land according to a rectangular coordinate system.  When reporting information, you may be asked to provide a cadastral location.  The following link offers assistance on How to enter a Cadastral location. . Statutes and Rules Governing Minimum Well Construction Standards and the Licensing of Well Drillers.  State regulations and rules specific to well drilling and well driller licensing. Substantive Policy Statement Link Relating to Well Drilling and Abandonment Variances.   Well Information:  Locations/Mapping/Water Quality Imaged Records:  Login to the Imaged Records Database to search the Well Registry (Files that begin with the prefix ‘55’). Understanding the Wells55 Index numbering system   (Files that begin with the prefix ‘55’). Visit our Online Bookstore to shop for Database CD-ROMs, Maps, Publications, Books, and Merchandise. Water quality information can be obtained from the Arizona Department of Environmental Quality’s (ADEQ) website Monitor wells may be constructed as components of the remediation process to determine the characteristics of the formation containing the contaminants and/or depth to water; to allow access for water sampling; and to monitor movement of contaminant plumes. Well Forms:  Well Permitting/Notice of Intent (NOI) Forms ***ATTENTION - FORM UPDATE - NEW REQUIRED INFORMATION*** NOI Well Drilling Forms have been Modified!  Information on Boundaries of Groundwater Basins and Sub-basins is Now Available on the ADWR Website! The ADWR form Notice of Intent to Drill, Deepen, Replace or Modify a Well (DWR 55-40) has been modified to require applicants to indicate whether the water to be pumped from the proposed well will be used in the same groundwater basin where the well is to be located .  Please download and use the new forms.  Effective immediately, only the new forms will be accepted. To assist NOI applicants in locating groundwater basin and sub-basin boundaries and for general knowledge, we are adding the Department’s Basin and Sub-Basin Designations—June 1984 to our website.  This document, describing in narrative and map form the official boundaries of each of the 46 groundwater basins and 27 sub-basins of the state not included in the five initial Active Management Area basins, was published as part of the Findings and Order of the Director designating the basins and sub-basins pursuant to ARS Section 45-404 on June 21, 1984 click here to download official basin/subbasin boundaries outside AMAs.  It may be helpful to first download a statewide map showing all of the basins and sub-basins of the state to better estimate what basin and sub-basin in which the proposed well may be located, before searching the official 1984 boundaries document click here to download statewide basin/sub-basin map, including the five AMAs.  You can also download maps of each AMA click here for Phoenix AMA map, click here for Pinal AMA map, click here for Prescott AMA map, click here for Santa Cruz AMA map, click here for Tucson AMA map. ***ATTENTION WELL DRILLERS - GPS REQUIREMENTS*** ALSO NEW:  Effective immediately, the only acceptable method used to determine Latitude and Longitude is GPS.  The USGS Quad Map and conventional survey methods are no longer allowable options.  The Well Driller Report and Log (form DWR 55-55), and the Well Abandonment Completion Report (form DWR 55-58) have been updated to reflect these changes and may be downloaded now. 55-0001 Application for a Permit to Drill or Operate a Non-Exempt Well Within an AMA Pursuant to A.R.S. 45-599 Form Instructions PLEASE NOTE: When clicking the above "Form" link, two separate windows will open pop-ups.  After both finish opening, form 55-0001 should appear to be "on top" of all the other windows.  The form 55-90 should be "below" that window.  When closing the first window, the second window should show up as long as no other windows were selected. Your web browser MUST allow pop-ups from this site for this to work.  If you have a message in a yellow bar at the top of your web browser "Pop-up blocked. To see this pop-up or additional options click here..." then click to "Always Allow Pop-ups from This Site..." to see both files. 55-36 Well Owner’s Notification of Abandonment Form Instructions 55-38 Notice of Intent to Abandon a Well Form Instructions 55-39 Notice of Well Capping Form Instructions 55-40 Notice of Intent to Drill, Deepen, Replace or Modify a Well Form Instructions 55-41 Notice of Intention to Deepen, Replace or Modify a Non-Exempt Well Form Instructions PLEASE NOTE: When clicking the above "Form" link, two separate windows will open as pop-ups.  After both finish opening, form 55-41 should appear to be "on top" of all the other windows.  The form 55-90 should be "below" that window.  When closing the first window, the second window should show up as long as no other windows were selected. Your web browser MUST allow pop-ups from this site for this to work.  If you have a message in a yellow bar at the top of your web browser "Pop-up blocked. To see this pop-up or additional options click here..." then click to "Always Allow Pop-ups from This Site..." to see both files. 55-41a Notice of Intention to Drill a Non-Exempt Well pursuant to a Non-General Industrial Use Permit Form Instructions 55-43B Notice of Intent to Drill and Abandon an Exploration/Specialty Well Form Instructions 55-44A Notice of Intent to Drill, Deepen, or Modify a Monitor/Piezometer/Environmental Well Form Instructions 55-55 Well Driller Report and Well Log Form Instructions 55-56 Pump Installation Completion Report Form Instructions 55-57 Project Completion Report for Mineral Exploration Drilling Form Instructions 55-58 Well Abandonment Completion Report Form Instructions 55-65 Late Registration of a Well Form Instructions 55-71A Request to Change Well Information Form Instructions 55-75 eNOI Password request 55-90 Well Construction Supplement Form Temporary Well Spacing and Well Impact Rules Public Land Survey: Understanding Cadastral Location/Legal Description Instructions Well Abandonment - See: Well Abandonment Exempt Well Certification of Compliance with A.R.S. § 45-454(C) or Request for Exemption Pursuant to A.R.S. § 45-454(D) Exempt Well for Domestic Use Pursuant to § 45-596(F) & (G) Legal Requirements for Septic Setbacks 45-596 F & G and R12-15-818 One Hundred (100) Foot Separation between Proposed Well Location and Septic Systems or other Hazards Remediation Well Certification of Compliance with A.R.S. § 45-454(C) or Request for Exemption Pursuant to A.R.S. § 45-454(F) Second Exempt Well for the Same Non-irrigation Use, At the Same Location, in an AMA Pursuant to § 45-454(I) Well Abandonment Well Abandonment Handbook An abandoned well is discovered during the development process.  When abandoning a well, consideration of future land use is an important factor when deciding how deep to grade the soil before starting the 20’ surface seal. Well Drillers/Licensing ***ATTENTION WELL DRILLERS * GPS REQUIREMENTS*** Effective immediately, the only acceptable method used to determine Latitude and Longitude is GPS. The USGS Quad Map and conventional survey methods are no longer allowable options. The Well Driller Report and Log (form DWR 55-55), and the Well Abandonment Completion Report (form DWR 55-58) have been updated to reflect these changes and may be downloaded now. Drillers List Complete drillers list can be searched by Company Name, Zip Code or Qualifying Party Name.  AROC To check a contractor’s license issued through the Arizona Registrar of Contractors, eNOI Driller’s Guide This document outlines the detailed steps necessary to submit an NOI application and print out the required drill cards/packets over the Internet.  Well Driller e-file (eNOI) Online filing of Notices of Intention to Drill wells.  This site may be used by licensed well drillers to obtain online authorizations to drill certain types of wells. Well Driller Licensing Exams are administered at ADWR six times per year, approximately the second Friday of every even numbered month (February, April, June, August, October and December).  Please contact us at (602) 771-8500 if you are considering becoming a licensed Well Driller in Arizona. An older version of a common drilling rig.  Once a familiar sight, this model is today regarded as a novelty or antique. Data & Statistics Well Construction Estimates: 1980-2007 (updated 8-21-2008) Table includes total number of Notice of Intention to Drill (NOID) forms received for: water production and monitoring/piezometer well construction; and well abandonment and non-water related well construction. Caution: these figures represent only the number of notices received by the Arizona Department of Water Resources, and should not be taken as representative of the total number of wells drilled and/or abandoned between 1980 and 2003. 2006 Notice of Intent Application Review and Well File Maintenance Report 2007 Notice of Intent Application Review and Well File Maintenance Report Statewide well application data by County, and data related specifically to wells located within each of the Active Management Areas and Irrigation Non-Expansion Areas for the calendar year as indicated. These reports include:  the number of applications and updates to the well records that were processed during the year; and the annual construction estimates.   Contacts:  Well Permitting/Notice of Intent (NOI) ADWR Notice of Intent Unit Lori Cason 3550 N. Central Avenue Supervisor Phoenix AZ 85012 (602) 771-8500 Michael Ball Senior Compliance Officer

Well Spacing and Impact Rules and Replacement Wells in the Same Location

On June 6, 2006 the Governor’s Regulatory Review Council (“GRRC”) approved the Arizona Department of Water Resources (“ADWR”) proposed rules establishing well spacing criteria for certain new wells and well uses in the state, and a rule defining what constitutes a replacement well in approximately the same location (collectively referred to as “well spacing rules”).  The well spacing rules, numbered R12-15-1301 through R12-15-1308, replace the temporary well spacing rules adopted by the director of ADWR (“Director”) on March 11, 1983.  The well spacing rules became effective on August 7, 2006.  Click here to view a copy of the approved well spacing rules. 

In developing the well spacing rules, ADWR held a number of stakeholders meetings to solicit input from persons potentially affected by the rules.  Persons attending the stakeholders group meetings included representatives of water providers, agricultural water users, industrial water users and landowners.

During the stakeholders’ group meetings, ADWR agreed to establish a process for giving public notice of all applications for well permits filed under A.R.S. § 45-599.  ADWR is not required by statute or rule to give public notice of such applications, therefore this notice is for informational purposes only and there is not an objection period offered under this noticing.  This information will be updated weekly.

The following is a brief description of the well spacing rules:

Rules R12-15-1302 through R12-15-1307 contains well spacing criteria that must be complied with to construct or use certain wells in the state.  The rules are designed to prevent unreasonably increasing damage to surrounding land or other water users from the concentration of wells.  The well spacing criteria address three types of unreasonably increasing damage: (1) additional drawdown of water levels at neighboring wells of record; (2) additional regional land subsidence; and (3) migration of contaminated groundwater to a well of record.  The following applications and well uses are subject to the well spacing criteria:

1. An application filed under A.R.S. § 45-599 for a permit to construct a new well or a replacement well in a new location in an active management area (“AMA”).

2. An application filed under A.R.S. § 45-834.01 for a recovery well permit for a new well as defined in A.R.S. § 45-591 (generally, a non-exempt well drilled on or after June 12, 1980) 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 (generally, a non-exempt well drilled before June 12, 1980).

3. An application filed under A.R.S. § 45-559 for approval to use a well drilled after September 21, 1991 to withdraw groundwater outside of an AMA for transportation to an AMA.

4. The use of a well in the Little Colorado river plateau groundwater basin to withdraw groundwater for transportation away from the basin pursuant to A.R.S. § 45-544(B)(1), unless the well was constructed on or before September 21, 1991 or the well is a replacement well in approximately the same location.

5. An application for a water exchange permit under A.R.S. § 45-1041 filed by a person other than a city, town, private water company or irrigation district if there will be any new or increased pumping by the applicant from a well in an AMA.

6. The use of a well in an AMA by a participant in a water exchange for which a notice of water exchange is filed under A.R.S. § 45-1051 if there will be any new or increased pumping by the participant from the well.  This does not apply to cities, towns, private water companies or irrigation districts.

Rule R12-15-1308 contains criteria that must be met for a proposed well to qualify as a replacement well in approximately the same location.  A person proposing to construct a replacement well that will be located in approximately the same location as the well it is replacing must file a notice of intention (“NOI”) to drill the well, but is not required to obtain a well permit or comply with the well spacing criteria in R12-15-1302 through R12-15-1307.

Rule R12-15-1301 contains definitions of terms used in rules R12-15-1302 through R12-15-1308.

It is important to note that the well spacing rules do not apply to the construction or use of the following types of wells: (1) wells drilled outside of AMAs, except certain recovery wells and certain wells used to withdraw groundwater for transportation away from a groundwater basin; (2) exempt wells within AMAs (generally, non-irrigation wells with a maximum pumping capacity of 35 gallons per minute or less; (3) wells within AMAs drilled pursuant to groundwater withdrawal permits other than general industrial use permits (e.g., mineral extraction and metallurgical processing permits, drainage permits, dewatering permits and poor quality groundwater permits); and (4) wells that withdraw only surface water.

Questions regarding the rules should be directed to Scott Miller, Arizona Department of Water Resources, 3550 N. Central Avenue, Phoenix, AZ 85012. Mr. Miller’s phone number is 602-771-8585.