Recharge in Arizona is strictly regulated under the jurisdiction of local, state and federal regulatory agencies. Depending on facility design, location and land ownership, the following regulations may apply.
Local Regulations
County Flood Control Districts require a Floodplain Use Permit (FUP) in cases where a recharge project encroaches within a jurisdictional floodplain. Approval of a FUP typically requires development of a hydraulic computer model to demonstrate that any structures, berms or other facility components located within the floodplain will not result in increased potential for flooding or erosion.
State Regulations
The Arizona Department of Water Resources regulates recharge under a complex set of laws known as the Underground Water Storage, Savings and Replenishment statutes, or more simply, the "recharge" statutes. The basic premise of the recharge statutes is that a permit system is established for all recharge and recovery activities, and the volume of water added to the aquifer through underground storage is accounted for as long-term storage credits that are available for future recovery. Generally, three types of permits are required from the ADWR:
The Arizona Department of Environmental Quality (ADEQ) consults on the review of USF permit applications and advises ADWR regarding compliance with the State Aquifer Water Quality Standards. ADEQ considers whether operation of a recharge facility will promote migration of a contaminant plume or result in contaminants being leached to the groundwater table. Based on ADEQ's review, water quality monitoring provisions for source water and groundwater are incorporated into the permit's monitoring plan.
Federal Regulations
Projects located on federal lands require compliance with the National Environmental Policy Act (NEPA). Typically, environmental, biological and archaeological investigations are conducted to determine if the project will result in impacts, and measures are implemented to avoid, minimize or mitigate such impacts.
If a recharge facility is to be constructed within "Waters of the United States," a permit must first be acquired from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. A jurisdictional delineation is conducted to determine if a 404 Permit is required, and if required, the applicant must consult with the U.S. Army Corps of Engineers and conduct the necessary environmental assessments.