Category: Well Sharing

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.

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.

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.

WELL MAINTENANCE 

If you are among the hundreds of thousands of Arizonians who rely on a private well system for your water supply, then it is imperative you create a maintenance schedule and method for record keeping. Set a maintenance schedule to test your water in to inspect your well, water treatment, and septic systems.

In Arizona, domestic wells–private and/or shared–are not overseen or regulated by any state, county or local agency. The well owner or manager has the full responsibility for maintaining the ownership status of the well with the Arizona Department of Water Resources, the operating performance of the well, and for the checking the quality of the water that comes from that well.

CREATING A WELL MAINTENANCE SCHEDULE 

Set a maintenance schedule to inspect and test your well water, septic system, and water treatment. Private water supply systems require routine maintenance. These simple steps will help protect your well water system: 

Perform annual tests for a minimum of bacteria.

Test your water anytime there is a change in taste, odor or appearance or someone is ill or pregnant. 

Keep hazardous chemicals, distinct, fertilizer, pesticides and motor oil, far away from your well. 

Periodically check your bill headed for damages in the well cap. 

Allow only grass to grow around your well. Other plants can have longer roots and can damage your well casing. 

Take care when working and mowing around your well. Damage to the casing can jeopardize the sanitary protection of your well. Don’t pile snow, leaves or other materials around your well.

Always keep it up using the maintenance and water testing logs in a manual. 

The safety and purity of drinking water and the efficient operation of your well system depends on a properly organized maintenance schedule. Protect your investment in quality water supply through regular inspection, testing and repair. Similar to maintenance and repair on your car. 

Gather a comprehensive history on your well and water quality. If you don’t already have a well log or well record, it’s not too late to start. 

Inspect the water well several times a year. Check the condition of the well covering, casing and well cap to make sure all are in good repair, leaving no cracks or another open points for potential debris and pollutants. 

Have the well system, including the pump, storage tank, pipes and valves, and water flow inspected every five years by a licensed well contractor. However, if you have no inspection record and cannot determine the age of the well, have it inspected immediately by a licensed well contractor. A properly maintained well usually has a serviceable life of more than 20 years. 

SCHEDULE WATER TESTING 

When should you have your water tested? Have you water tested when you purchase a property, annually, and when necessary. 

To keep your well water clean and well operating at peak performance, regular water testing is a must. Private well owners are solely responsible for the quality of their drinking water. So, it is up to you, how and when to test your water. 

Do not construct or locate anything above or near the well that may pollute the well water. A.R.S. 45-596(f)(2) requires that septic tanks are located more than 100 feet from water wells.

1. Initial Water Testing 

When a new well is drilled. 

If there is no record of testing. 

You’re buying a home with a well. 

2. Annual Water Testing

At a minimum, well water should be tested every year. 

3. Intermediate Testing of Well Water: The well water should be tested immediately if;

You install a treatment system. 

There is a sudden change in taste, color, or odor. 

Someone in the home is pregnant or nursing. 

Failure of a septic system.  

After a flooding event. 

Someone in the home has a sudden, unexplained illness. 

What Contaminants Should You be Testing for in Your Well Water? At a minimum, test for the following common contaminants: 

Bacteria-this is the most common contaminant found in well water.  

Nitrates- faulty septic systems and fertilizers.  

Lead- from household plumbing. 

Arsenic- occurs naturally and was once a common ingredient in pesticides. 

Additional contaminants- Other tests may be required depending on where you live and what is located near your water supply. 

Who Can Test My Well Water? There are companies that have been accredited and certified to test well water. Search local laboratories by clicking HERE. 

SCHEDULE PHYSICAL INSPECTIONS OF THE WELL 

Regularly inspect your wellhead for damage to the casing or well cap. Repair any damage immediately to reduce the potential for contamination. Store all chemicals at least 100 feet from your well. Keep heavy equipment and vehicles off your lawn and away from your well to avoid damage to buried water lines. Other than grass, do not let plants grow near your well as plant roots can cause damage to your well casing.   

INSPECT AND PROTECT THE WELLHEAD 

The most visible portion of your drinking water system is the wellhead, the structure built over the well to protect its various parts. The wellhead is your first line of defense to prevent pollutants from entering your drinking water system. The wellhead protects the well casing, which is the lining of the well, and the well cap, which provides a tight-fitting seal at the top of the well. Inspect your wellhead regularly to make sure these elements are in good condition. By protecting your wellhead, you will help ensure the quality of your water supply. 

Schedule Septic System Maintenance 

Set a maintenance schedule to inspect and test your septic system. Keep records of maintenance, test results, and repairs to help your contractor with future repairs. To avoid well contamination, septic tanks should be pumped every three to five years based on use and family size. Inspect septic tank each year for capacity and leaks. Repair the tank or drain field system as needed to prevent leaks of bacteria and nutrients into groundwater. Faulty septic system poses a serious threat to the quality of your drinking water and can require expensive repairs. 

At a minimum, your water should be tested every year for bacteria, the most common water quality problem.  

RECORD KEEPING: MAINTAINING YOUR OWN WELL RECORDS

What well water records should be kept? Keep records of maintenance, test results, and repairs to help your contractor with future repairs. 

What Well Records Should be Kept? Copies of the well share agreements, electricity usage, bank account balances. 

How & Where Should the Well Records be Kept? Ideally, the records will be kept in a safe location, where they can easily be updated and accessible by all parties to the well share agreement.   In addition to keeping copies of all the well record forms submitted to the Arizona Department of Water Resources, well owners should keep a summary of their well construction and maintenance activities. To assist in this task a well maintenance record form can be found by clicking HERE. This form lists and groups the types of information necessary for the efficient up-keep and repair. When a water pump is exchanged then it is to be reported to the ADWR. See ADWR Online Pump Completion Report (azwater.gov)

If you have questions about maintaining well records then contact the Dunaway Law Group at 480-702-1608 or Clint@DunawayLG.com.