45-2711

45-2711. Applications to drill nonexempt wells
in the Tucson active management area; well impact analysis;
requirements; exception

A. Except as provided in subsections B and E of this section, in the Tucson active
management area, on receipt of an application to drill a new nonexempt well, including a
notice of intention to drill a new nonexempt well under section 45-596, the director
shall conduct a hydrologic analysis to determine the projected impacts of the proposed
withdrawals from the well on the water levels at the exterior boundaries of the
reservation. The director shall conduct the analysis using the methodology used by the
director to determine well impacts under the rules adopted by the director under section
45-598. If the director determines that the projected withdrawals from the well over the
initial five-year period of withdrawals will cause a water level decline of ten feet or
more at any point on the exterior boundaries of the reservation, the director shall deny
the application unless the applicant obtains and submits to the director the nation's
written consent to drill the well.

B. Except as provided in subsection E of this section, if the director receives an
application to drill a new nonexempt well, including a notice of intention to drill a new
nonexempt well under section 45-596, at a location within two miles of the exterior
boundaries of the reservation and the combined maximum pumping capacity of all proposed
wells included in the application that will be located within two miles of the exterior
boundaries of the reservation is five hundred gallons per minute or more, the director
shall deny the application to drill the well unless the applicant submits one of the
following to the director:

1. A hydrologic study demonstrating to the director's satisfaction both of the
following:

(a) That the water level at the proposed well site is declining at less than an
average rate of two feet per year based on annual water level data collected during the
five years before the date the application was filed.

(b) That the projected withdrawals from all of the proposed wells to be located
within two miles of the exterior boundaries of the reservation over the initial five-year
period of withdrawals will not cause a water level decline of ten feet or more at any
point on the exterior boundaries of the reservation.

2. A hydrologic study demonstrating to the director's satisfaction that the
projected withdrawals from all of the proposed wells to be located within two miles of
the exterior boundaries of the reservation over the initial five-year period of
withdrawals will not cause a water level decline of five feet or more at any point on the
exterior boundaries of the reservation.

3. The nation's written consent to the drilling of the well.

C. In determining the water level declines caused by a proposed well under
subsection B, paragraph 1 or 2 of this section, or in determining the average annual
water level change at a proposed well site under subsection B, paragraph 1 of this
section, the following shall not be considered:

1. The effects on water levels of pumping from wells within the reservation.

2. The effects on water levels of underground storage facilities located within two
miles of the exterior boundaries of the reservation and recovery wells located within two
miles of the exterior boundaries of the reservation, except that in determining the
average annual water level change at a proposed well site under subsection B, paragraph 1
of this section, the storage of water at an underground storage facility located within
two miles of the exterior boundaries of the reservation shall be considered if the water
is stored by the applicant or by another person on behalf of the applicant.

D. For purposes of subsection B of this section, if an applicant submits two or
more applications to drill a new nonexempt well within an eighteen-month period, the
applications shall be considered one application.

E. This section does not apply to an application to drill a recovery well under
section 45-834.01 if the recovery well will be located within two miles of the exterior
boundaries of the reservation and will be permitted to recover only water stored at an
underground storage facility located within one mile of the recovery well.

F. The director shall not issue a permit under section 45-513, 45-514, 45-516,
45-517, 45-518, 45-519 or 45-519.01 if the applicant for the permit proposes to withdraw
groundwater from a new well or wells and the director is required to deny the application
under this section.

G. An application for a permit to withdraw groundwater pursuant to chapter 2,
article 7 of this title shall include a hydrologic study described in subsection B,
paragraph 1 or 2 of this section or the consent described in subsection B, paragraph 3 of
this section if the applicant proposes to withdraw groundwater from a new well or wells
within two miles of the exterior boundaries of the reservation and the combined maximum
pumping capacity of those wells is five hundred gallons per minute or more. This
subsection does not apply to an application for a general industrial use permit under
section 45-515.

H. A notice of intention to drill under section 45-596 shall include a hydrologic
study described in subsection B, paragraph 1 or 2 of this section or the consent
described in subsection B, paragraph 3 of this section if the proposed well or wells are
nonexempt wells to be located within two miles of the exterior boundaries of the
reservation and the combined maximum pumping capacity of those wells is five hundred
gallons per minute or more. Notwithstanding section 45-596, subsection D, the director
shall not authorize the drilling of a well under section 45-596 if the director is
required to deny the notice of intention to drill under this section.

I. An application for a permit to construct a new well or replacement well in a new
location under section 45-599 shall include a hydrologic study described in subsection B,
paragraph 1 or 2 of this section or the consent described in subsection B, paragraph 3 of
this section if the proposed well or wells are within two miles of the exterior
boundaries of the reservation and the combined maximum pumping capacity of those wells is
five hundred gallons per minute or more. Notwithstanding section 45-599, subsection C,
the director shall deny an application for a permit for a new well or a replacement well
in a new location under section 45-599 if the director is required to deny the
application under this section.

J. An application for a recovery well permit under section 45-834.01 shall include
a hydrologic study described in subsection B, paragraph 1 or 2 of this section or the
consent described in subsection B, paragraph 3 of this section if the proposed recovery
well or wells are within two miles of the exterior boundaries of the reservation and the
combined maximum pumping capacity of those wells is five hundred gallons per minute or
more. Notwithstanding section 45-834.01, subsection B, the director shall deny an
application for a recovery well under section 45-834.01 if the director is required to
deny the application under this section.