A.R.S. 45-594: Well Construction Standards and Capping an Open Well

The statute does not list every pipe and seal itself. Instead, it hands that job to the state. It says the director "shall adopt rules establishing construction standards for" wells. The scope of those rules is broad. They cover "new wells and replacement wells, the deepening and abandonment of existing wells and the capping of open wells." The director here is the head of the Arizona Department of Water Resources (ADWR). So the fine details, like casing and sealing, live in ADWR rules, not in the statute text. Any well work has to follow those rules.

An open well is a real hazard. It is a hole that can trap a person or an animal. It is also a direct path for pollution to reach groundwater. Surface runoff, chemicals, or waste can run straight down an uncapped well into the aquifer. That is why the law treats capping and abandonment as part of well construction standards. When a well is done being used, the owner cannot just walk away. The well must be capped or properly abandoned under ADWR rules. Proper abandonment means the well is sealed so it can no longer be a hazard or a route for contamination. A cap keeps the opening closed and secure in the meantime.

The statute also gives the state a backstop. If a well breaks the rules and is dangerous to property, health, or safety, the director can act. The director may take control of the site and cap the well to protect the public. This is a last resort for a well the owner has not handled. Stepping in does not let the owner off the hook. The statute is clear that state action does not erase the owner's own legal duties and liabilities. The owner still owns the well and its problems.

If you own or buy Phoenix-area land with a well, this statute matters twice. New work must meet ADWR construction rules. And an old, unused well on the property is yours to cap or close, not something to ignore. An abandoned well left open can be both a safety risk and a source of groundwater pollution you may answer for.

Before any new well goes in, you still file the drill notice under A.R.S. 45-596. A small home well in the Phoenix area may also fall under the exempt-well limits in A.R.S. 45-454. For how a home well system works, see well water system basics. If your pump keeps clicking on and off, see well pump short cycling.

This page is general information, not legal advice. Confirm the current construction and abandonment rules with ADWR before you build, deepen, or close a well. Read the full statute on the Arizona Legislature's site: azleg.gov/ars/45/00594.htm.