Well Spacing and Impact Rules Process

On March 11, 1983, the Arizona Department of Water Resources (Department) adopted temporary rules governing well spacing and well impacts and replacement wells in the same location, R12-15-830 and R12-15-840, pursuant to Arizona Revised Statutes (A.R.S.) § 45-592(B). The intent was to adopt the temporary rules until a permanent set of rules could be adopted through the regular rulemaking process. Efforts to adopt permanent rules were pursued in the past and for various reasons were terminated without the adoption of permanent rules and the temporary rules are therefore still in effect. The temporary rules are available for review here .

During 2004, the Department initiated proceedings to adopt permanent rules through the regular rulemaking process. A Notice of Rulemaking Docket Opening was published in the Arizona Administrative Register on March 19, 2004. The subject matter of the proposed rulemaking is to develop criteria for a permanent set of rules regarding the location and spacing of wells and for assessing well impacts under A.R.S. §§ 45-544, 45-592, 45-597, 45-598, 45-601, 45-603, 45-834.01, 45-1041 and 45-1052. These rules generally apply to applications to drill non-exempt wells inside Active Management Areas (AMAs) and applications to drill wells to recover stored water inside and outside AMAs.

The Department has begun the well rule development process by developing an internal Well Rules Development Team that is made up of representatives from each AMA, the Hydrology Division, and the Legal Division within the agency. This group has met on a regular basis and has developed a list of issues and concerns the Department would like to address during the rulemaking process. These issues and concerns were drafted as individual problem statements that will be distributed, discussed and revised during the public input process.

The Department is now developing a process for public input and a stakeholders group. It is the Department’s goal to have a stakeholders group with members representing all interested parties. The stakeholder meetings will be open to the public and the audience will have a chance to participate in the discussions. The goal for the stakeholders group is to develop a consensus concept paper that will guide the Department in the development of a final rule package that will be presented to the Governor’s Regulatory Review Council before our five-year review which is due the Spring of 2006. The Department has made this effort a top priority and intends to complete the stakeholder’s process within nine to twelve months.

Finalized Stakeholders Group Issue Papers

Wells of Record

Essential Documents

• May 11, 2005 Meeting Summary
   
• April 20, 2005 Meeting Summary
   
• March 30, 2005 Meeting Summary
   
• March 9, 2005 Meeting Summary
   
• January 26, 2005 Meeting Summary
   
• Response regarding rules governing well spacing and well impacts and replacement wells.
   
• Well Rules Stakeholder Group - Meeting Summary - December 9, 2004
   
• CAP Issue Paper
   
• Meeting Schedule, Ground Rules Governing the Stakeholder’s Group, and Principles Governing the Development of the Well Rules (Posted November 29, 2004)
   
• 1983 Temporary Well Spacing and Impact Rules
   
• Temporary Rules Governing Well Spacing and Impacts and Replacement Wells in the Same Location - Possible Issues for Discussion
   
• November 16, 2004 Meeting Minutes
   
• October 27, 2004 Meeting Summary
   

Meeting Schedule

Links below will bring up the Agenda.

• June 22, 2005
   
• June 1, 2005
   
• May 11, 2005
   
• April 20, 2005
   
• March 30, 2005
   
• March 9, 2005
   
• February 16, 2005 - Subcommittee meeting
   
• January 26, 2005
   
• January 5, 2005 - Subcommittee meeting
   
• December 9, 2004
   
• November 16, 2004