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Form Dwr 55-41 - Notice Of Intention To Deepen Or Modify An Existing Non-Exempt Well Or Construct A Replacement Non-Exempt Well At Approximately The Same Location In An Active Management Area - 2016 Page 4

A well may be drilled as a replacement well in approximately the same location for more than one original if the total

annual withdrawals from the proposed well will not exceed the combined maximum annual amounts allowed for each

original well.

Time Frames for Review of Your Application.

Within fifteen (15) days after receipt of your application, the Department will determine whether your application is

administratively complete and should be granted or denied, unless this time is extended as described below. This fifteen

day time frame is both the administrative completeness review time frame and the overall time frame for a Notice of

Intention to Drill.

If the Department sends you a letter that your application is incomplete, the Department will include a comprehensive list

of specific deficiencies. Until the missing information is received, both the administrative completeness review and the

overall time frames will be suspended. When the Department receives the missing information, the administrative

completeness review and overall time frames will resume. Your application will not be complete until all of the

requested information is received. If you do not supply the missing information within sixty (60) days, your application

may be denied.

Agency Contact

Please direct any questions, comments or requests for further assistance to the Groundwater Permitting & Wells Section

at (602)771-8527.

NOTICE

A.R.S. § 41-1030(B), (D), (E) and (F) provide as follows:

An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is

not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not

constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of

authority that specifically authorizes the requirement or condition.

This section may be enforced in a private civil action and relief may be awarded against the state. The court may

award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an

action against the state for a violation of this section.

A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for

disciplinary action or dismissal pursuant to the agency’s adopted personnel policy.

This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

Revised 3/1/2016

DWR 55-41

Form Dwr 55-41 - Notice Of Intention To Deepen Or Modify An Existing Non-Exempt Well Or Construct A Replacement Non-Exempt Well At Approximately The Same Location In An Active Management Area - 2016 Page 4

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