well drilling application; location; GPS

SB1298 - 572R - I Ver

REFERENCE TITLE:
well drilling application; location; GPS

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1298

Introduced by

Senators
Gabald�n: Sundareshan

AN
ACT

amending section 45-596, Arizona
Revised Statutes; relating to wells.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-596, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-596.

Notice of intention to drill; fee

A. In an area
that is
not
subject to active management, a person may not drill or cause to be drilled any
well or deepen an existing well without first filing
a
notice
of intention to drill pursuant to subsection C of this section or obtaining a
permit pursuant to section 45-834.01.� Only one notice of intention to
drill is required for all wells that are drilled by or for the same person to
obtain geophysical, mineralogical or geotechnical data within a single section
of land.

B. In an active management area, a person may not
drill or cause to be drilled an exempt well, a replacement well in
approximately the same location or any other well for which a permit is not
required under this article, article 7 of this chapter or section 45-834.01
or deepen an existing well without first filing a notice of intention to drill
pursuant to subsection C of this section.� Only one notice of intention to
drill is required for all wells that are drilled by or for the same person to
obtain geophysical, mineralogical or geotechnical data within a single section
of land.

C. A notice of intention to drill shall be filed
with the director on a form that is prescribed and furnished by the director
and that shall include:

1. The name and mailing address of the person filing
the notice.

2. The legal description of the land on which the
well is proposed to be drilled and the name and mailing address of the owner of
the land.

3. The legal description
and global
positioning system coordinates
of the location of the well on the land.

4. The depth, diameter and type of casing of the
proposed well.

5. Such legal description of the land on which the
groundwater is proposed to be used as may be required by the director to
administer this chapter.

6. When construction is to begin.

7. The proposed uses to which the groundwater will
be applied.

8. The name and well driller's license number of the
well driller who is to construct the well.

9. The design pumping capacity of the well.

10. If for a replacement well, the maximum capacity
of the original well and the distance of the replacement well from the original
well.

11. Proof that the director determines to be
satisfactory that the person proposing to construct the well holds a valid
license issued by the registrar of contractors pursuant to title 32, chapter 10
and that the license is of the type necessary to construct the well described
in the notice of intention to drill.� If the proposed well driller does not
hold a valid license, the director may accept proof that the proposed well
driller is exempt from licensing as prescribed by section 32-1121.

12. If any water from the proposed well will be used
for domestic purposes as defined in section 45-454, evidence of
compliance with the requirements of subsection F of this section.

13. If for a second exempt well at the same location
for the same use pursuant to section 45-454, subsection I, proof that the
requirements of that subsection are met.

14. If for a well to obtain geophysical,
mineralogical or geotechnical data within a single section of land, the
information prescribed by this subsection for each well that will be included
in that section of land before each well is drilled.

15. Such other information as the director may
require.

D. On receiving a notice of intention to drill and
the fee required by subsection L of this section, the director shall endorse on
the notice the date of its receipt.� The director shall then determine whether
all information that is required has been submitted and whether the
requirements of subsection C, paragraphs 11 and 12 and subsection I of this
section have been met.� If so, within fifteen days
of
after
receipt of the notice, or such longer time as provided
in subsection J of this section, the director shall record the notice, mail a
drilling card that authorizes the drilling of the well to the well driller
identified in the notice and mail written notice of the issuance of the
drilling card to the person filing the notice of intention to drill at the
address stated in the notice.� On receipt of the drilling card, the well
driller may proceed to drill or deepen the well as described in the notice of
intention to drill.� If the director determines that the required information
has not been submitted or that the requirements of subsection C, paragraphs 11
and 12 or subsection I of this section have not been met, the director shall
mail a statement of the determination to the person giving the notice to the
address stated in the notice, and the person giving the notice may not proceed
to drill or deepen the well.

E. The well shall be completed within one year after
the date of the notice
of, intention to drill
unless the
director approves a longer period of time pursuant to this subsection.� If the
well is not completed within one year or within the time approved by the
director pursuant to this subsection, the person shall file a new notice before
proceeding with further construction. At the time the drilling card
for the well is issued, the director may provide for and approve a completion
period that is greater than one year but not
to exceed
more than
five years
from

after
the date of the notice if both of the following apply:

1. The proposed well is a nonexempt well within an
active management area and qualifies as a replacement well in approximately the
same location as prescribed in rules adopted by the director pursuant to
section 45-597.

2. The applicant has submitted evidence that
demonstrates one of the following:

(a) This state or a political subdivision of this
state has acquired or has begun a condemnation action to acquire the land on
which the original well is located.

(b) The original well has been rendered inoperable
due to flooding, subsidence or other extraordinary physical circumstances that
are beyond the control of the well owner.

F. If any water from a proposed well will be used
for domestic purposes as defined in section 45-454 on a parcel of land of
five or fewer acres, the applicant shall submit a well site plan of the
property with the notice of intention to drill.� The site plan shall:

1. Include the county assessor's parcel
identification number.

2. Show the proposed well location and the location
of any septic tank or sewer system that is either located on the property or
within one hundred feet of the proposed well site.

3. Show written approval by the county health
authority that controls the installation of septic tanks or sewer systems in
the county, or by the local health authority in areas where the authority to
control installation of septic tanks or sewer systems has been delegated to a
local authority.� In areas where there is no local or county authority that
controls the installation of septic tanks or sewer systems, the applicant shall
apply for approval directly to the department
of water

resources
.

G. Before approving a well site plan submitted
pursuant to subsection F of this section, the county or local health authority
or the department
of water resources
, as applicable,
pursuant to subsection F of this section, shall review the well site plan and
determine whether the proposed well location complies with applicable local
laws, ordinances and regulations and any laws or rules adopted under this title
and title 49 regarding the placement of wells and the proximity of wells to
septic tanks or sewer systems. If the health authority or the
department
of water resources
, as applicable, pursuant to
subsection F of this section, finds that the proposed well location complies
with this title and title 49 and with local requirements, it shall endorse the
site plan and the proposed well placement in a manner indicating approval. On
endorsement, the director
of water resources
shall approve
the construction of the well
,
if all remaining
requirements have been met. If the health authority is unable to
determine whether the proposed well location complies with this title and title
49 and local requirements, it shall indicate this on the site plan and the
decision to approve or reject the proposed construction rests with the director

of water resources
. If parcel size, geology or
location of improvements on the property prevents the well from being drilled
in accordance with this title and title 49 or local requirements, the property
owner may apply for a variance. The property owner shall make the
request for a variance to the county or local authority if a county or local
law, ordinance or regulation prevents the proposed construction. If
a law or rule adopted under this title or title 49 prevents the proposed
construction, the property owner shall make the request for a variance directly
to the department
of water resources
.� The request for a
variance shall be in the form and shall contain the information that the
department
of water resources
, county or local authority
may require.� The department
of water resources
, or the
county or local authority whose law, ordinance or regulation prevents the
proposed construction, may expressly require that a particular variance shall
include certification by a registered professional engineer or geologist that
the location of the well will not pose a health hazard to the applicant or
surrounding property or inhabitants. If all necessary variances are
obtained, the director
of water resources
shall approve
the construction of the well if all remaining requirements have been met.

H. If a well that was originally drilled as an
exploration well, a monitor well or a piezometer well or for any use other than
domestic use is later proposed to be converted to use for domestic purposes as
defined in section 45-454, the well owner shall file a notice of
intention to drill and shall comply with this section before the well is
converted and any water from that well is used for domestic purposes.

I. Except as prescribed in subsection K of this
section, the director shall not approve the drilling of the well if the
director determines that the well will likely cause the migration of
contaminated groundwater from a remedial action site to another well, resulting
in unreasonably increasing damage to the owner of the well or persons using
water from the well.� In making this determination, the director of water
resources shall follow the applicable criteria in the rules adopted by the director
of water resources pursuant to section 45-598, subsection A and shall
consult with the director of environmental quality. For the purposes
of this subsection:

1. "Contaminated groundwater" means
groundwater that has been contaminated by a release of a hazardous substance,
as defined in section 49-201, or a pollutant, as defined in section 49-201.

2. "Remedial
action site" means any of the following:

(a) The site of a
remedial action undertaken pursuant to the comprehensive environmental
response, compensation, and liability act of 1980, as amended (P.L. 96-510;
94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly
known as "superfund".

(b) The site of a corrective action undertaken
pursuant to title 49, chapter 6.

(c) The site of a voluntary remediation action
undertaken pursuant to title 49, chapter 1, article 5.

(d) The site of a remedial action undertaken
pursuant to title 49, chapter 2, article 5, including mitigation of a
nonhazardous release undertaken pursuant to an order issued by the department
of environmental quality pursuant to section 49-286.

(e) The site of a remedial action undertaken
pursuant to the resource conservation and recovery act of 1976 (P.L. 94-580;
90 Stat. 2795; 42 United States Code sections 6901 through 6992).

(f) The site of remedial action undertaken pursuant
to the department of defense environmental restoration program (P.L. 99-499;
100 Stat. 1719; 10 United States Code section 2701).

J. Except as prescribed in subsection K of this
section, the director shall approve or deny the drilling of a well within forty-five
days after receipt of the notice of intention to drill if one of the following
applies:

1. The proposed well is located within a remedial
action site.

2. The proposed well is located within one mile of
any of the following remedial action sites:

(a) A remedial action undertaken pursuant to title
49, chapter 2, article 5, including mitigation of a nonhazardous release
undertaken pursuant to an order issued by the department of environmental
quality pursuant to section 49-286.

(b) A remedial action undertaken pursuant to the
comprehensive environmental response, compensation, and liability act of 1980,
as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections
9601 through 9657), commonly known as "superfund".

(c) A remedial action undertaken pursuant to the
department of defense environmental restoration program (P.L. 99-499; 100
Stat. 1719; 10 United States Code section 2701).

3. The proposed well is located within one-half mile
of either of the following remedial action sites:

(a) A remedial action undertaken pursuant to title
49, chapter 1, article 5.

(b) A remedial action undertaken pursuant to the
resource conservation and recovery act of 1976 (P.L. 94-580; 90 Stat.
2795; 42 United States Code sections 6901 through 6992).

4. The proposed well is located within five hundred
feet of the site of a corrective action undertaken pursuant to title 49,
chapter 6.

K. Subsections I and J of this section do not apply
to the deepening of a well or to the drilling of a replacement well in
approximately the same location.

L. A notice of intention to drill filed under this
section shall be accompanied by a filing fee of
one hundred fifty
dollars
$150
, except that a notice filed for a
proposed well that will not be located within an active management area or an
irrigation nonexpansion area, that will be used solely for domestic purposes as
defined in section 45-454 and that will have a pump with a maximum
capacity of not more than thirty-five gallons per minute shall be
accompanied by a filing fee of
one hundred dollars
$100
.� The director shall deposit, pursuant to sections 35-146
and 35-147, all fees collected pursuant to this subsection in the well
administration and enforcement fund established by section 45-606.
END_STATUTE