Arizona Water Archives | Dunaway Law Group, PLC

How to Abandon a Well in Arizona

The Arizona Department of Water Resources (“ADWR”) regulates the abandonment of wells in Arizona. ADWR’s well abandonment rules require that well abandonment be accomplished “through filling or sealing the well so as to prevent the well, including the annular space outside the casing, from being a channel allowing the vertical movement of water.”

Overview of the Well Abandonment Process

The first step to properly abandoning a water well is to file a pre-abandonment notice with the ADWR. A.A.C. R12-15-816(B), (E) and (F).

standard abandonment method

There are two overarching ways in which a well can be abandoned. First, through the standard abandonment and second is the alternative method.

A standard abandonment method may be used for any water well, regardless of the aquifer and vadose zone conditions applicable to the well.

“Alternative” abandonments methods

There are five alternative abandonment methods that describe different vadose zone and aquifer conditions. In most cases, the alternative abandonment method will be less expensive than the standard method. However, a well owner may need to demonstrate to ADWR that the well to be abandoned falls within the condition to which the alternative method applies before that method may be used. For that reason, the abandonment process may take longer if an alternative abandonment method is proposed. before proceeding with an alternative abandonment method, it is advised that you contact the ADWR Hydrology Division by phone at 602-771-8500.

The well abandonment rules are set forth in Arizona Administrative Code (“A.A.C.”) R12-15-816. Under A.A.C. R12-15-816(G), the Department’s well abandonment rules requires that the abandonment of a well be accomplished “through filling or sealing the well so as to prevent the well, including the annular space outside the casing, from being a channel allowing the vertical movement of water.”

The last step to abandoning a well is to file a notice of completion with the ADWR.

Well-Abandonment-Process Download

why you should properly abandon your well

Unused or abandoned wells can be a safety hazard and can contaminate groundwater. A sealed well will prevent the well from being a channel, allowing the vertical movement of water under various aquifer and vadose zone conditions. An abandoned well is a direct conduit from the surface to the groundwater below. Contaminants that enter the abandon well can flow directly down into the groundwater without the natural filtration of soils.

Properly abandoning a well helps keep your water supply safe, removes a potential threat to your family’s health, and reduces your liability and protects the value of your property.

Contact water law attorney Clint Dunaway at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the state of Arizona.

Community Water Systems

The term Community Water System refers to any water system that serves 15 or more service connections (a.k.a. “hook-ups”) or that serves 25 or more residents. They are subject to water quality standards and more stringent reporting requirements. (See A.R.S. §§ 45-341 to 343). Community water systems are also regulated by the Arizona Department of Environmental Quality whereas a typical shared well is not.

Community Water Systems are divided into two distinct categories: large and small water systems. A large water system is defined as one that serves more than 1,850 residents.

annual use water reports

In Arizona, the users of a Community Water Systems are required to prepare and submit annual water-use reports and system water plans. These reports and plans are intended to reduce Community Water Systems’ vulnerability to drought and ensure that residents are prepared to respond to drought or water shortages.

The information submitted to the Arizona Department of Water Resources also allows the State to provide regional assistance for drought planning, mitigation and response. That information submitted to the ADWR includes:

Information on water pumped or diverted, water received, water delivered to customers, and effluent used or received.
The system water plan, which should be updated and submitted every five years and should consist of three plans:
1. Water Supply Plan– This plan describes the service area, transmission facilities, monthly system production data, historical demand for the past five years, and projected demands for the next five, 10 and 20 years.
2. Drought Preparedness Plan– This plan includes drought and emergency response strategies, a plan of action to respond to water shortage conditions, and provisions to educate and inform the public.
3. Water Conservation Plan– This plan addresses measures to control lost and unaccounted for water, considers water rate structures that encourage efficient use of water, and plans for public information and education programs on water conservation.

non-compliance with the annual reports

Under Arizona statutes, the Department of Water Resources is required to provide notification of Community Water System non-compliance to local governing bodies within the service area of the systems.

“Non-compliance” means that these water systems are not in compliance with the system water plan, and/or the annual water use reporting requirements. The county boards of supervisors and city officials have a list of all Community Water Systems that are not in compliance with these requirements.

For assistance with your water well questions contact the Dunaway Law Group at 480-702-1608 or message us HERE.

What Should Be In a Well Share Agreement

If your water comes from a shared well that is not located on your property, then you must takes steps to protect your legal right to the water. For most people, the answer is in the words written in your well share agreement. All groundwater withdraws in Arizona must come from a water well that was permitted by the Arizona Department of Water Resources. Owning the land free and clear, or owning an undivided interest in the land or having an easement right does not give you the right to extract groundwater. That comes only from a permitted well.

Just Owning Land Does Not Give You Right to the Groundwater Beneath Your Land

Drilling and constructing a well creates a permanent change to real property and those improvements cannot be separated from the land, therefore, the well becomes a part of the real property.

Groundwater is not real property. Percolating water beneath the earth in Arizona is called “groundwater” and it is considered “public” property managed by the Arizona Department of Water Resources.

The Arizona Department of Water Resources recognizes that shared wells can, and should be, registered in the name of the person or party that is responsible for its management. The ADWR has created a form (ADWR form 55 – 73) for the purpose of registering a shared well in the name of a managing or operating group.

Once water is pumped to the surface and placed into a storage tank, it becomes the personal property of the land owners.

shared well easements

Some well share agreements are drafted such that the parties receive only an easement right to access the land where the well is located. There is a major difference between owning an undivided interest in a piece of real estate versus having just an easement.

If you would like to draft or amend a shared well agreement then contact the Dunaway Law Group by phone at 480-702-1608 or by email at Clint@DunawayLG.com.

How To Cancel Well Share Agreement

Is it Possible to Cancel a Shared Well Agreement?

We are asked on a regular basis how shared well agreements can be cancelled. Before addressing the question of how shared well agreements are cancelled, let’s first briefly explore how shared well agreements are created.

A shared well agreement is a contract regarding the drilling, maintenance, and use of a water well between multiple users. The agreement identifies Parties, properties, well location and water distribution system, maintenance liabilities, and easements.

Parties are identified by their full legal names. The properties, well, and easement locations subject to the agreement must be identified using valid legal descriptions and a diagram showing the locations of the well and distribution system attached as exhibits. Failure to properly the terms of use and maintenance liabilities can lead to future misunderstandings and disputes. Additionally, a shared well agreement should be both notarized and recorded with the county recorder’s office.

Shared well agreements are simply contracts entered into by people sharing water from the same well. Like most contracts, these well share agreements can be modified, amended, or terminated once corresponding rules are met.

A professionally drafted shared well agreement will explain the process of amending or cancelling an existing agreement. They will often say something like, “This agreement can only be modified in writing and with the approval of a majority of the parties.” Or, the contract might require unanimous consent by all of the Parties.

shared well agreements “run with the land”

“Running with the land” refers to the rights and obligations in real estate that remain with the property regardless of who owns it. These rights and obligations are tied to the property and not to the owner and so they stay in place as the land is transferred from one owner to another and so a property owner cannot simply say, “I’m going to cancel the agreement”.

The importance of this means that an Arizona property owner who purchases a home with a shared well is obligated to abide by the well share agreement even if they did not sign it!

Lastly, remember that the Arizona Department of Water Resources does not regulate shared well agreements. Therefore, it will not become involved in interpreting or enforcing the agreements. So make sure that your shared well agreement is professionally written because if there are errors, if some topics are vague or ignored, it can create a lot of problems in the future.

The Dunaway Law Group drafts and amends shared well agreements. If you are looking to draft a new agreement or make modifications to an existing shared well agreement then contact us at 480-702-1608 or Clint@DunawayLG.com.

* These blog posts are not intended, nor shall they be deemed to render legal advice. Reading these blog post does not create an attorney-client relationship, nor shall it impose an obligation on the part of the law firm to respond to further inquiry.

Omar Turney Hohokam Canals

Dr. Omar Turney (November 1, 1866 – December 21, 1929) was an American archaeologist and engineer. He had been employed beginning in 1888 as an assistant engineer on the rebuilding of the Arizona Canal Dam. And was later employed as a surveyor for the Santa Fe, Prescott and Phoenix railway. He also served successively in the United States geological survey and in the United States reclamation service. He was one of the principal sponsors of the Roosevelt Dam, and is largely responsible for the name given to the Dam. For 12 years after leaving the government service Dr. Turney served the cities of Phoenix, Mesa, Tempe and Glendale as city engineer.

In his last year of life Dr. Turney published a series of articles in the Arizona Historical Review entitled “Prehistoric Irrigation“, the result of the collection of data over a period of more than 40 years.

In 1929, Dr. Omar Turney, created a map of the Salt River Valley showing the results of exhaustive surveys cataloging Hohokam Canal systems in the Salt River Valley. Dr. Turney’s astonishment and respect for the accomplishments of these ancient Hohokam engineers is evident in the text of the map “these were the original engineers, the true pioneers who built, used and abandoned the canal system when London and Paris were cluster of wild huts”.

Turney’s survey is the most definitive of the Salt River Canal system ever created. It was the product of observations made over the course of more than 40 years of study, and the map shows dozens of prehistoric canals on both sides of the Salt River in the vicinity of Phoenix, Tempe and Scottsdale. The map accompanied Turney’s multi-installment prehistoric irrigation in the 1929 Arizona Historical Review.

Turney’s map provides a record of the Hohokam Canal System which would be unmatched until extensive aerial surveys became available, and goes beyond this to supply irreplaceable archaeological evidence for the ruins of abandoned prehistoric temples and settlements in the area, subject to destruction at the hands of European settlers.

Turney laments: “40 years ago few [Hohokam Canals] had been destroyed. One by one we have seen them torn down, but so many remained that it seemed the whole story of the early race could be told many times over from those that remained. With keen resentment we heard an outsider come here and declare that all were gone. When this report was begun, it still seemed that plenty remained, we drove about to measure them up and with astonishment found that 31 edifices of the past are now of the past themselves: only two remain. As a report, this preliminary has become an obituary!”

Also, many of the Hohokam ruins found in the Salt River Valley are recorded with precision only on this map. In addition to specific temples in pueblos, the map notes the location of pictographs, pictoglyphs, and hieroglyphs throughout the region. A ceremonial grotto is marked on the Camelback Mountain, as does Phoenix’s famous “Hole in the Rock” landmark.

Confusingly, several of the names of ruins found on the map are drawn from Mormon scripture. Turney noted in his third installment of prehistoric irrigation that: “Casa de Nephi was so named in thanks to the leaders in the Mormon church for their long and untiring efforts to check and verify every detail of the Turney map in their part of the [east] valley. Names in this locality are taken from the book of Mormon.” Other such place names include Pueblo Moroni and Pueblo Lehi.

The personalizing feature appearing on the map is on the north bank of the Salt River is the “Park of Four Waters“. Turney chose this location – now part of the Pueblo Grande Museum – to be the final resting place of his ashes after his death.