RULES OF
PECAN
VALLEY GROUNDWATER CONSERVATION DISTRICT
ADOPTED:
EFFECTIVE: September 7, 20004
The rules of the Pecan Valley Groundwater Conservation District
were adopted on
In accordance with Section 59 of Article XVI of the Texas Constitution, H.B.
3231, 76th Legislature, and Chapter 36 of the Texas Water Code, the following
rules are hereby ratified and adopted as the rules of this District by its
Board. Each rule as worded herein has been in effect since the date of passage
and as may be hereafter amended.
The rules,
regulations, and modes of procedure herein contained are and have been adopted
to simplify procedures, avoid delays, and facilitate the administration of the
water laws of the State and the rules of this District. To the end that these
objectives are attained, these rules will be so construed.
These rules may
be used as guides in the exercise of discretion, where discretion is vested.
However, under no circumstances and in no particular case may these rules be
construed as a limitation or restriction upon the exercise of powers, duties,
and jurisdiction conferred by law. These rules will not limit or restrict the
amount and accuracy of data or information that may be required for the proper
administration of the law.
Table of
Contents
SECTION 1.
DEFINITIONS AND CONCEPTS
RULE 1.1
DEFINITIONS OF TERMS:
RULE 1.2 PURPOSE
OF RULES:
RULE 1.3 USE AND
EFFECT OF RULES:
RULE 1.4
AMENDING OF RULES:
RULE 1.5 HEADINGS
AND CAPTIONS:
RULE 1.6
CONSTRUCTION:
RULE 1.7 METHODS
OF SERVICE UNDER THE RULES:
RULE 1.8
SEVERABILITY:
SECTION 2. BOARD
RULE 2.1 PURPOSE
OF BOARD:
RULE 2.2 BOARD
STRUCTURE, OFFICERS:
RULE 2.3
MEETINGS:
RULE 2.4
COMMITTEES:
RULE 2.5 EX
PARTE COMMUNICATIONS:
SECTION 3.
DISTRICT STAFF
RULE 3.1 GENERAL
MANAGER:
SECTION 4. DISTRICT
RULE 4.1 MINUTES
AND RECORDS OF THE DISTRICT:
RULE 4.2
CERTIFIED COPIES:
SECTION 5.
SPACING REQUIREMENTS
RULE 5.1
REQUIRED SPACING:
RULE 5.2 EXCEPTIONS
TO SPACING REQUIREMENTS:
SECTION 6.
PRODUCTION LIMITATIONS
RULE 6.1 MAXIMUM
ALLOWABLE PRODUCTION:
SECTION 7. OTHER
DISTRICT ACTIONS AND DUTIES
RULE 7.1
DISTRICT MANAGEMENT PLAN:
SECTION 8.
TRANSFER OF GROUNDWATER OUT OF THE DISTRICT:
RULE 8.1 PERMIT
REQUIRED:
RULE 8.2
APPLICABILITY:
RULE 8.3
APPLICATION:
RULE 8.4 HEARING
AND PERMIT ISSUANCE:
SECTION 9.
DEPOSITS FOR WELL DRILLING PERMITS
RULE 9.1
DEPOSITS:
SECTION 10.
PERMITS
RULE 10.1
REGISTRATION OF NEW WELLS:
RULE 10.2
GENERAL PERMITTING POLICIES AND PROCEDURES:
Drilling Permit
Requirement:
Operating Permit
Requirement
Permit
Applications
Notice of Permit
Hearing
Decision and
Issuance of Permit
Drilling Permits
Operating
Permits
Permit
Provisions
Aggregation of
Withdrawal
Effect of
Acceptance of Permit
RULE 10.3
OPERATING PERMIT PROVISIONS:
RULE 10.4
OPERATING PERMIT LIMITATIONS:
Maximum
Authorized Withdrawal
Operating Permit
Required
RULE 10.5
EXCLUSIONS AND EXEMPTIONS:
SECTION 11.
REWORKING AND REPLACING A WELL
RULE 11.1
PROCEDURES:
SECTION 12. WELL
LOCATION AND COMPLETION
RULE 12.1 RESPONSIBILITY:
RULE 12.2 LOCATION OF DOMESTIC,
INDUSTRIAL, INJECTION,
AND IRRIGATION WELLS:
RULE 12.3 STANDARDS OF COMPLETION FOR
DOMESTIC,
INDUSTRIAL, INJECTION, AND IRRIGATION WELLS:
RULE 12.4 RE-COMPLETIONS:
SECTION 13. WASTE AND BENEFICIAL USE
RULE 13.1 WASTE MEANS ANY ONE OR MORE OF
THE FOLLOWING:
RULE 13.2 WASTE PREVENTION:
RULE 13.3 USE
FOR A BENEFICIAL PURPOSE:
SECTION 14.
HEARINGS
RULE 14.1 TYPES
OF HEARINGS:
Permit Hearings:
Rule-making
Hearings:
RULE 14.2 NOTICE
AND SCHEDULING OF HEARINGS:
RULE 14.3
GENERAL PROCEDURES:
Authority of
Presiding Officer:
Hearing
Registration Forms:
Appearance;
Representative Capacity:
Alignment of
Parties; Number of Representatives Heard:
Appearance by
Applicant or Movant:
Reporting:
Continuance:
Filing of
Documents; Time Limit:
Computing Time:
In
Affidavit:
Broadening the
Issues:
Conduct and
Decorum:
RULE 14.4
UNCONTESTED PERMIT HEARINGS PROCEDURES:
Written Notice
of Intent to Contest:
Informal
Hearings:
Agreement of
Parties:
Decision to
Proceed as Uncontested or Contested Case:
RULE 14.5
CONTESTED PERMIT HEARINGS PROCEDURES:
Prehering
Conference:
Matters
Considered:
Notice:
Conference
Action:
Assessing Reporting
and Transcription Costs:
Designation of
Parties:
Rights of
Designated Parties:
Persons Not
Designated Parties
Furnishing
Copies of Pleadings:
Interpreters for
Deaf Parties and Witnesses:
Agreements to be
in Writing:
Discovery:
Discovery Sanctions:
Ex Parte
Communications:
Compelling
Testimony; Swearing Witnesses and Subpoena Power:
Evidence:
Written
Testimony:
Requirements for
Exhibits:
Abstracts of
Documents:
Introduction and
Copies of Exhibits:
Excluding
Exhibits:
Official Notice:
Documents in
District Files:
Oral Argument:
RULE 14.6
CONCLUSION OF THE HEARING; REPORT:
Closing the
Record; Final Report:
Exceptions to
the Hearing Examiner's Report; Reopening the Record:
Time for Board
Action on Certain Permit Matters:
RULE 14.7
RULEMAKING HEARINGS PROCEDURES:
Submission of
Documents:
Oral
Presentations:
Conclusion of
the Hearing; Closing the Record; Hearing Examiner's Report:
Exceptions to
the Hearing Examiner's Report; Reopening the Record:
RULE 14.8 FINAL
DECISION; APPEAL:
Board Action:
Requests for
Rehearing:
SECTION 15.
INVESTIGATIONS AND ENFORCEMENT
RULE 15.1 NOTICE
AND ACCESS TO PROPERTY:
RULE 15.2
CONDUCT OF INVESTIGATION:
RULE 15.3 RULE
ENFORCEMENT:
RULE 15.4
SEALING OF WELLS:
GROUNDWATER
CONSERVATION DISTRICT
DISTRICT
RULES
SECTION 1. DEFINITIONS AND CONCEPTS
RULE 1.1 DEFINITIONS OF TERMS:
In the
administration of its duties, the Pecan Valley Groundwater Conservation
District follows the definitions of terms set forth in The District Act,
Chapter 36 of the Texas Water Code, and other definitions as follow:
"Acre-foot"
means the amount of water necessary to cover one acre of land one foot deep, or
about 325,000 gallons of water.
"Agricultural
crop" means food or fiber commodities grown for resale or commercial
purposes that provide food, clothing, or animal feed.
"Board"
means the Board of Directors of the District.
"De-watering
well" means a well used to remove water from a construction site or
excavation, or to relieve hydrostatic uplift on permanent structures.
"District"
means the Pecan Valley Groundwater Conservation District.
"District
Act" means H.B. 3231, 76th Legislature and the non-conflicting
provisions of Chapter 36, Water Code.
"District
office" means the office of the District as established by resolution of
the Board.
"Drilling
Permit" means a permit for a water well issued or to be issued by the
District allowing a water well to be drilled.
"Groundwater"
means water located beneath the earth's surface within the District but does
not include water produced with oil in the production of oil and gas.
"Hearing
body" means the Board, any committee of the Board, or a Hearing Examiner
at any hearing held under the authority of the District Act.
"Hearing
Examiner" means a person appointed by the Board of Directors to conduct a
hearing or other proceeding.
"Injection
well" includes:
An air
conditioning return flow well used to return water used for heating or cooling
in a heat pump to the aquifer that supplied the water;
A cooling water
return flow well used to inject water previously used for cooling;
A drainage well
used to drain surface fluid into a subsurface formation;
A recharge well
used to replenish the water in an aquifer;
A saltwater
intrusion barrier well used to inject water into a freshwater aquifer to
prevent the intrusion of salt water into the freshwater;
A sand backfill
well used to inject a mixture of water and sand, mill tailings, or other solids
into subsurface mines;
A subsidence
control well used to inject fluids into a non-oil or gas producing zone to
reduce or eliminate subsidence associated with the overdraft of fresh water; or
A closed system
geothermal well used to circulate water, other fluids, or gases through the
earth as a heat source or heat sink.
"Landowner"
means the person who bears ownership of the land surface.
"Leachate
well" means a well used to remove contamination from soil or groundwater.
"Monitoring
well" means a well installed to measure some property of the groundwater
or aquifer it penetrates, and does not produce more than 5,000 gallons of
groundwater per year.
"New well
application" means an application for a permit for a water well that has
not yet been drilled.
"Open
meeting law" means Chapter 551, Texas Government Code.
"Operating
Permit" means a permit issued by the District for a water well, allowing
groundwater to be withdrawn from a water well for a designated period.
"Public
Information Act" means Chapter 552, Texas Government Code.
"Person"
includes corporation, individual, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership, association,
or any other legal entity.
"Presiding
officer" means the President, Vice-President, Secretary, or other Board
member presiding at any hearing or other proceeding or a Hearing Examiner
conducting any hearing or other proceeding.
"Rules"
means the rules of the District compiled in this document and as may be
supplemented or amended from time to time.
"Section"
means the number section of a survey or block as shown in "Texas Country
Farm Plats," 1996 Edition, (Smith Publishing Co.).
"Texas Rule
of Civil Procedure" and "Texas Rules of Civil Evidence" mean the
civil procedure and evidence rules as amended and in effect at the time of the
action or proceeding. Except as modified by the rules of the District, the
rights, duties, and responsibilities of the presiding officer acting under the
Texas Rules of Civil Procedure or the Texas Rules of Evidence are the same as a
court acting under those rules.
"Waste"
means Chapter 36.001 (8) Definitions and Section 13 herein.
"Water
meter" means a water flow measuring device that can accurately record the
amount of groundwater produced during a measured time.
"Well"
means any facility, device, or method used to withdraw groundwater from the
groundwater supply within the District.
"Well
owner" or "well operator" means the person who owns the land
upon which a well is located or is to be located or the person who operates a
well or a water distribution system supplied by a well.
"Well
system" means a well or group of wells tied to the same
distribution system.
"Withdraw"
means extracting groundwater by pumping or by another method.
"Windmill"
means a wind-driven or hand-driven device that uses a piston pump to remove
groundwater.
RULE 1.2
PURPOSE OF RULES:
These rules are
adopted to achieve the provisions of the District Act and accomplish its
purposes.
RULE
1.3 USE AND EFFECT OF RULES:
The District uses
these rules as guides in the exercise of the powers conferred by law and in the
accomplishment of the purposes of the District Act. They may not be construed
as a limitation or restriction on the exercise of any discretion nor be
construed to deprive the District or Board of the exercise of any powers,
duties or jurisdiction conferred by law, nor be construed to limit or restrict
the amount and character of data or information that may be required to be
collected for the proper administration of the District Act.
RULE
1.4 AMENDING OF RULES:
The Board may,
following notice and hearing, amend these rules or adopt new rules from time to
time.
RULE
1.5 HEADINGS AND CAPTIONS:
The section and
other headings and captions contained in these rules are for reference purposes
only. They do not affect the meaning or interpretation of these rules in any
way.
RULE
1.6 CONSTRUCTION:
A reference to a
title, chapter or section without further identification is a reference to a
title, chapter or section of the Water Code. Construction of words and phrases
are governed by the Code Construction Act, Subchapter B, Chapter 311,
Government Code.
RULE
1.7 METHODS OF SERVICE UNDER THE RULES:
Except as
otherwise expressly provided in these rules, any notice or documents required
by these rules to be served or delivered may be delivered to the recipient, or
the recipient's authorized representative, in person, by agent, by courier
receipted delivery, by certified mail sent to the recipient's last known
address, or by telephonic document transfer to the recipient's current
telecopier number. Service by mail is complete upon deposit in a post office or
other official depository of the United States Postal Service. Service by
telephonic document transfer is complete upon transfer, except that any
transfer occurring after
RULE
1.8 SEVERABILITY:
If any one or
more of the provisions contained in these rules are for any reason held to be
invalid, illegal, or unenforceable in any respect, the invalidity, illegality,
or unenforceability may not affect any other rules or provisions of these
rules, and these rules must be construed as if such invalid, illegal or
unenforceable rules or provision had never been contained in these rules.
SECTION 2. BOARD
RULE 2.1 PURPOSE OF BOARD:
The Board was
created to determine policy and regulate the withdrawal of groundwater within
the boundaries of the District for conserving, preserving, protecting and
recharging the groundwater within the District, and to exercise its rights,
powers, and duties in a way that will effectively and expeditiously accomplish
the purposes of the District Act. The Board's responsibilities include, but are
not limited to, the adoption and enforcement of reasonable rules and other
orders.
RULE
2.2 BOARD STRUCTURE, OFFICERS:
The Board
consists of the members elected and qualified as required by the District Act.
The Board will elect one of its members to serve as Chairman, to preside over
Board meetings and proceedings; one to serve as Vice Chairman to preside in the
absence of the Chairman; and one to serve as Secretary to keep a true and
complete account of all meetings and proceedings of the Board. The Board may
elect officers annually, but must elect officers at the first meeting following
the election of board members. Members and officers serve until their
successors are elected or appointed and sworn in accordance with the District
Act and these rules.
RULE
2.3 MEETINGS:
The Board will
hold a regular meeting once each quarter as the Board may establish from time
to time by resolution. At the request of the Chairman, or by written request of
at least three members, the Board may hold special meetings. All Board meetings
will be held according to the Texas Open Meetings Law.
RULE
2.4 COMMITTEES:
The Chairman may
establish committees for formulation of policy recommendations to the Board,
and appoint the chair and membership of the committees. Committee members serve
at the pleasure of the Chairman.
RULE
2.5 EX PARTE COMMUNICATIONS:
Board members
may not communicate, directly or indirectly, about any issue of fact or law in
any contested case before the board, with any agency, person, party or their
representatives, except on notice and opportunity for all parties to
participate. A Board member may communicate ex parte with other members of the
Board. This rule does not apply to a Board member who abstains from voting on
any matter in which ex parte communications have occurred.
SECTION 3. DISTRICT STAFF
RULE 3.1 GENERAL MANAGER:
The Board may
employ or contract for a person to manage the District, and title this person
general manager. The general manager will have no power, duty, or
responsibility other than gathering information and performing Water District
functions as determined by the Board. The Board will determine the salary and
review the position of general manager each year at the beginning of the third
quarter of every fiscal year. The general manager, with approval of the Board,
may employ all persons necessary for the proper handling of business and
operation of the District and their salaries will be set by the Board.
SECTION 4. DISTRICT
RULE 4.1 MINUTES AND RECORDS OF THE DISTRICT:
All documents,
reports, records, and minutes of the District are available for public
inspection and copying following the Texas Open Records Act. Upon written
application of any person, the District will furnish copies of its public
records. A copying charge pursuant to policies established by the District. A
list of the charges for copies will be furnished by the District.
RULE
4.2 CERTIFIED COPIES:
Requests for
certified copies must be in writing. Certified copies will be made under the
direction of the Board of Directors. A certification charge and copying charge
may be assessed, pursuant to policies established by the Board of directors.
SECTION
5. SPACING REQUIREMENTS
RULE 5.1
REQUIRED SPACING:
A new well may
not be drilled within [150]
100 feet from the
property line of any adjoining landowner.
Minimum distance from
any existing or proposed septic system, whether on owner’s property or adjacent
property, must meet county and state standards.
Spacing requirements for permitted wells is 2 feet for every gallon per
minute (gpm) of the permitted flow from nearest existing well or authorized
well site.
RULE 5.2
EXCEPTIONS TO SPACING REQUIREMENTS:
1. If the
applicant presents waivers signed by the adjoining landowner(s) stating that
they have no objection to the proposed location of the well site, the spacing
requirements [will] may not apply
to the new proposed well location.
2. Providing an
applicant can show, by clear and convincing evidence, good cause why a new well
should be allowed to be drilled closer than the required spacing of [150] 100 feet, the issue of spacing requirements
will be considered during the contested case process. If the board chooses to
grant a permit to drill a well that does not meet the spacing requirements, the
Board must limit the production of the well to ensure no injury is done to
adjoining landowners or the aquifer.
3. The Board
may, if good cause is shown by clear and convincing evidence, enter special
orders or add special permit conditions increasing or decreasing spacing
requirements.
SECTION
6. PRODUCTION LIMITATIONS
RULE 6.1
MAXIMUM ALLOWABLE PRODUCTION:
1. A well or
well system may only be permitted to be drilled and equipped for the production
of a cumulative total of 10 gallons per minute (g.p.m.) per contiguous acre
owned or operated.
2. In no event
may a well or well system be operated such that the total annual production
exceeds 1 acre feet of water per acre owned or operated within the same
Section.
3. An exception
to the production limitations will be considered only ten days after written
notice is given by the applicant to all adjacent landowners and all other
landowners within one-half mile of the well site. Following proof of written
notice, the Board shall call a public hearing to take evidence and testimony on
the proposed exception, after which they may grant or deny the request for the
exception.
4. Utilities
that supply water to the public may use acreage within their service area in the district to meet the production acreage requirements for water supplied in the district.
5. Operators of
permitted wells shall provide monthly production reports to the District. Production reports must be based upon
accurate meters provided by the operator.
SECTION
7. OTHER DISTRICT ACTIONS AND DUTIES
RULE
7.1 DISTRICT MANAGEMENT PLAN:
The District
Management Plan specifies the acts, procedures, performance and avoidance
necessary to prevent waste, the reduction of artesian pressure, or the
draw-down of the water table. The District shall use the Rules of the District
to implement the Management Plan. The Board will review the plan at least every
fifth year. If the Board considers a new plan necessary or desirable, based on
evidence presented at hearing, a new plan will be adopted. A plan, once
adopted, remains in effect until the adoption of a new plan.
SECTION 8. TRANSFER OF GROUNDWATER OUT OF
THE DISTRICT:
RULE 8.1 PERMIT REQUIRED:
Groundwater produced
from within the District may not be transported outside the District's
boundaries unless the Board has issued the well owner and the proposed water transporter a transport permit (rule addition/change 5/1/07)
RULE 8.2
APPLICABILITY:
A groundwater
transport permit is not required for transportation of groundwater that is to
be used on property that straddles the district boundary line.
RULE 8.3
APPLICATION:
An application
for a transportation permit must be filed in the District office and must
include the following information:
a) The name and
mailing address of the applicant;
b) A statement
of the nature and purpose of the proposed use and the amount of water to be
used for each purpose;
c) A
water-conservation plan;
d) The location
of the well(s) and rates of withdrawal;
e) Proof of
notification of all landowners adjacent to the property where the well or wells
are located and all well owners within one mile of any of the proposed
production wells.
RULE 8.4
HEARING AND PERMIT ISSUANCE:
a) Applications
for transportation permits are subject to the hearing procedures provided by
these rules.
b) In
determining whether to issue a permit to transfer groundwater out of the
District, the Board shall consider:
1) availability
of water in the District and in the proposed receiving area;
2) the projected
effect of the proposed transfer on aquifer conditions, depletion, subsidence,
or effects on existing permit holders or other groundwater users within the
District;
3) the approved
regional and state water plan, and the certified District management plan;
SECTION 9. DEPOSITS FOR WELL DRILLING
PERMITS
RULE 9.1 DEPOSITS:
Each application
for a permit to drill a well must be accompanied by a $50.00 deposit
which will be accepted and deposited by the District staff. The deposit will be
returned to the applicant by the District if: (1) the application is denied;
(2) if the application is granted, upon the receipt of correctly completed
driller's log of the well; or (3) if the permit location is abandoned without
having been drilled or results in a dry hole, upon return and surrender of the
permit marked "abandoned" by the applicant.
In the event
that neither the driller's log of the well nor the permit marked
"abandoned" is returned to the District office within [eight (8)] four (4) months after application date of the
permit, the deposit becomes the property of the District.
SECTION
10. PERMITS
RULE
10.1 REGISTRATION OF NEW WELLS:
a) It is a
violation of these rules for a well owner, well operator, or water well driller
to drill any well without the well registration/application for water well
permit form being filed with the District and a registration number assigned by the District.
b) All new
wells, except leachate wells, monitoring wells, and de-watering wells, must be
registered by the well owner, well operator, or water well driller prior to
being drilled. The District staff will review the registration and make a
preliminary determination on whether the well meets the exclusions or
exemptions provided in Rule 10.5. Providing the preliminary determination is
ruled the well is excluded or exempt, the registrant may begin drilling
immediately upon receiving the approved registration.
RULE 10.2
GENERAL PERMITTING POLICIES AND PROCEDURES FOR NON-EXEMPT WELLS:
a) Drilling
Permit Requirement: The well owner, well operator, or any other person
acting on behalf of the well owner, must file a completed well
registration/application for a water well permit before a well may be drilled.
Providing the application for a drilling permit meets all the guidelines of
these rules, the applicant may thereupon proceed at his own risk to drill such
well. This application for a drilling permit shall not, however, be officially
granted until the opportunity for a due process public hearing has been
satisfied and the Board has approved the permit.
b) Operating
Permit Requirement: Within 14 days after a well is drilled, the well owner
or well operator must file a completed operating permit application prior to
operating the well. The operating permit must be approved by the Board of
Directors and remain permitted until an operating permit is no longer required
for the well/well system.
c) Permit
Applications: Each original application for a water well drilling permit,
operating permit, and permit renewal requires a separate application.
Application forms will be provided by the District and furnished to the
applicant upon request.
d) Notice of
Permit Hearing: Once the District has received a completed original
application for a water well drilling permit, operating permit, or an operating
permit renewal, the general manager, with Board orders will issue written
notice indicating a date and time for a hearing on the application in
accordance with these rules. The District may schedule as many applications at
one hearing as deemed necessary.
e) Decision
and Issuance of Permit: In deciding whether or not to issue a permit, and
in setting the terms of the permit, the Board must consider the District Rules.
f) Drilling
Permits: Unless specified otherwise by the Board or these rules, permits
are effective for a term ending 120 calendar days after the date the permit was
applied for.
g) Operating
Permits: Unless specified otherwise by the Board or these rules, operating
permits are effective until revoked. The permit term will be shown on the
permit. Operating permits may be renewed by the Board following application and
hearing.
h) Permit
Provisions: The permit will contain the standard provisions listed in Rules
10.3. The permit may also contain provisions relating to the means and methods
of transportation of water produced within the district.
i) Effect of
Acceptance of Permit: Acceptance of the permit by the person to whom it is
issued constitutes acknowledgment of and agreement to comply with all of the
terms, provisions, conditions, limitations, and restrictions.
RULE
10.3 OPERATING PERMIT PROVISIONS:
All permits are
granted subject to these rules, orders of the Board, and the laws of the State
of
This permit is
granted in accordance with the provisions of the Rules of the District, and
acceptance of this permit constitutes an acknowledgment and agreement that the
permittee will comply with the Rules of the District.
1. This permit
confers only the right to operate the permit under the provisions of Rule 6.1,
and its terms may be modified or amended pursuant to the provisions of that
Rule. To protect the permit holder from the illegal use of a new landowner,
within 10 days after the date of sale, the operating permit holder must notify
the District in writing the name of the new owner. Any person who becomes the
owner of a currently permitted well must, within 20 calendar days from the date
of the change in ownership, file an application for a permit amendment to
effect a transfer of the permit.
2. The operation
of the well for the authorized withdrawal must be conducted in a non-wasteful
manner.
3. Withdrawals
from all non-exempt wells must be measured or estimated by the owner or
operator using a device or method that is within plus or minus 10% of accuracy.
Measured or estimated water use shall be reported to the District annually in
January.
4. The well site
must be accessible to District representatives for inspection, and the
permittee agrees to cooperate fully in any reasonable inspection of the well
and well site by the District representatives.
5. The
application pursuant to which this permit has been issued is incorporated in
this permit, and this permit is granted on the basis of and contingent upon the
accuracy of the information supplied in that application. A finding that false
information has been supplied is grounds for immediate revocation of the
permit.
6. Violation of
this permit's terms, conditions, requirements, or special provisions, including
pumping amounts in excess of authorized withdrawal, is punishable by civil
penalties as provided by the District Rule 15.3.
RULE 10.4 OPERATING PERMIT LIMITATIONS:
a) Maximum Authorized Withdrawal: It is a violation of these rules to
pump any amount of water over the authorized permit.
b) Operating
Permit Required: It is violation of these rules to pump a well without an
operating permit application being filed with the District [awaiting approval by the Board of
Directors].
RULE 10.5
EXCLUSIONS AND EXEMPTIONS:
The permit
requirements in Section 10 do not apply to:
a) wells used
solely for domestic use or for providing water for livestock or poultry on a
tract of land larger than 10 acres drilled or equipped such that it is
incapable of producing more than 25,000 gallons of groundwater per day;
b) wells used to
supply water for hydrocarbon production activities associated with any oil or
gas well permitted by the Railroad Commission of Texas.
c) wells that were fully completed before
RULE 10.6 MITIGATION PERMIT PROVISIONS:
In order to insure no unreasonable effects on existing groundwater resources,
the district shall require any well permit applications producing greater than
300 acre/feet of water per calendar year from the same producer or connected or
to be connected to a common gathering/transportation system or to the same user
to include in the application a plan to mitigate the affects of the drawdown of
the artesian pressure or the level of the water table upon the registered or
permitted well owners potentially affected by that well or wells. The plan shall include but not be limited to:
1.
The
actions and procedures to be taken by the holder of the permit in the event
that pumping causes the water level in a registered or permitted well to drop
to an unacceptable level.
2.
The
actions and procedures to be taken by the holder of the permit in the event
that pumping from the permitted well causes the water to become unusable by a
registered or permitted well owner.
3.
The
actions and procedures to be taken by the holder of the permit in the event
that pumping causes well casing or equipment to be damaged so that the recorded
quality or quantity of water cannot be produced by the registered or permitted
well owner.
4.
The
actions and procedures to be taken by the holder of the permit in the event
that pumping causes springs or artesian wells used for beneficial purposes to
stop flowing.
5.
The
plan shall also include measures to be taken in cases where the reduction of
artesian pressure causes an emergency to arise which may threaten human or
animal health, safety or welfare.
6.
The
plan shall also include a specifically enumerated time schedule for the
execution of the mitigation plan.
SECTION 11. REWORKING AND REPLACING A WELL
RULE 11.1 PROCEDURES:
a) An existing well may be reworked, re-drilled, or re-equipped in a manner
that will not change the existing well status.
b) A permit must be applied for and the board will consider approving the
permit, if a party wishes to increase the rate of production of an existing
well to the point of increasing the size of the column pipe and g.p.m. rate by
reworking, re-equipping, or re-drilling such well.
c) A permit must be applied for and granted by the board if a party wishes to
replace an existing well with a replacement well.
d) A replacement well, in order to be considered such, must be drilled within ten
(10) yards (30 feet) of the existing well and shall not be drilled nearer the
property line provided the original well was "grandfathered" inside
the spacing requirements of Rule 5.1.
e) In the event
the application meets spacing (Rule 5) and production (Rule 6) requirements,
the board may grant such application without further notice.
SECTION 12. WELL LOCATION AND COMPLETION
RULE 12.1 RESPONSIBILITY:
After an
application for a well permit has been granted, the well, if drilled, must be
drilled within ten (10) yards (30 feet) of the location specified in the
permit, and not elsewhere. If the well should be commenced or drilled at a
different location, the drilling or operation of such well may be enjoined by
the Board pursuant to Chapter 36, Texas Water Code. As described in the Texas
Water Well Drillers' Rules, all well drillers and persons having a well
drilled, deepened, or otherwise altered shall adhere to the provisions of the
rule prescribing the location of wells and proper completion.
RULE 12.2 LOCATION
OF DOMESTIC, INDUSTRIAL, INJECTION, AND IRRIGATION WELLS:
a) A well must
be located a minimum horizontal distance of [150] 60 feet
from any water-tight sewage facility and liquid-waste collection facility.
b) A well must
be located a minimum horizontal distance of [150] 100 feet from
any contamination, such as existing or proposed livestock or poultry yards,
privies, and septic system absorption fields.
c) A well must
be located at a site not generally subject to flooding; provided, however, that
if a well must be placed in a flood prone area, it must be completed with a
watertight sanitary well seal and [steel] casing
extending a minimum of 24 inches above the known flood level.
d) No well may
be located within five-hundred (500) feet of a sewage treatment plant, solid
waste disposal site, or land irrigated by sewage plant effluent, or within
three-hundred (300) feet of a sewage wet well, sewage pumping station, or a
drainage ditch that contains industrial waste discharges or wastes from sewage
treatment systems.
RULE 12.3
STANDARDS OF COMPLETION FOR DOMESTIC,
INDUSTRIAL,
INJECTION, AND IRRIGATION WELLS:
Water well
drillers must indicate the method of completion performed on the Well Report (TNRCC-0199)
Section 10 Surface Completion. Domestic, industrial, injection, and irrigation
wells must be completed in accordance with the following specifications and in
compliance with local county or incorporated city ordinances:
a) The annular
space between the borehole and the casing shall be filled from the ground level
to a depth of not less than 10 feet below the land surface or
well head with cement slurry.
b) All wells
shall have a concrete slab or sealing block above the cement slurry around the well
at the ground surface.
c) The slab or
block shall extend at least two (2) feet from the well in all directions
and have a minimum thickness of four inches and shall be separated from
the well casing by a plastic or mastic coating or sleeve to prevent bonding of
the slab to the casing.
d) The surface
of the slab shall be sloped to drain away from the well.
In all wells:
The casing shall
extend a minimum of one foot above the original
ground surface;
and
A slab or block
as described in Paragraph (2)(a) is required above the
cement slurry
except when a pitless adapter is used. Pitless adapters may be used in such
wells provided that:
Pitless adapter
is welded to the casing or fitted with another
suitably
effective seal; and
The annular
space between the borehole and the casing is
filled with
cement to a depth not less than 15 feet below the adapter connection.
f) All wells,
especially those that are gravel packed, shall be completed so that aquifers or
zones containing waters that are known to differ significantly in chemical
quality are not allowed to commingle through the borehole-casing annulus or the
gravel pack and cause quality degradation of any aquifer or zone.
g) The well
casing shall be capped or completed in a manner that will prevent pollutants from
entering the well.
RULE 12.4
RE-COMPLETIONS:
a) The landowner
shall have the continuing responsibility of insuring that a well does not allow
commingling of undesirable water and fresh water or the unwanted loss of water
through the wellbore to other porous strata.
b) If a well is
allowing the commingling of undesirable water and fresh water or the unwanted
loss of water, and the casing in the well cannot be removed and the well
re-completed within the applicable rules, the casing in the well shall be perforated
and cemented in a manner that will prevent the commingling or loss of water. If
such a well has no casing, then the well shall be cased and cemented, or
plugged in a manner that will prevent such commingling or loss of water.
c) The Board of
Directors may direct the landowner to take steps to prevent the commingling of
undesirable water and fresh water, or the unwanted loss of water.
SECTION 13. WASTE AND BENEFICIAL USE
RULE 13.1
WASTE MEANS ANY ONE OR MORE OF THE FOLLOWING:
a) Withdrawal of
groundwater from a groundwater reservoir at a rate in an amount that causes or
threatens to cause intrusion into the reservoir of water unsuitable for
agricultural, gardening, domestic or stock watering purposes;
b) The flowing
or producing of wells from an groundwater reservoir if the water produced is
not used for a beneficial purpose;
c) Escape of
groundwater from a groundwater reservoir to any other reservoir or geologic
strata that does not contain groundwater;
d) pollution or
harmful alteration of groundwater in a groundwater reservoir by saltwater or by
other deleterious matter admitted from another stratum or from the surface of
the ground;
e) Willfully or
negligently causing, suffering, or allowing groundwater to escape into any river,
creek, natural watercourse, depression, lake, reservoir, drain, sewer, street,
highway, road, or ditch, or onto any land other than that of the owner of the
well unless such discharge is authorized by permit, rule, or order issued by
the commission under Chapter 26;
f) Groundwater
pumped for irrigation that escapes as irrigation tailwater onto land other than
that of the owner of the well unless permission has been granted by the
occupant of the land receiving the discharge;
g) For water
produced from an artesian well, waste has the meaning assigned by Section
11.205 Texas Water Code.
RULE 13.2
WASTE PREVENTION:
a) Underground
Water shall not be produced within, or used within or without the District, in
such a manner as to constitute waste as defined in Rule 1, Section (v) hereof.
b) No person
shall pollute or harmfully alter the character of the underground water
reservoir of the District by means of salt water of other deleterious matter
admitted from some other stratum or strata from the surface of the ground.
c) No person
shall commit waste as that term is defined in Section 13.
RULE 13.3 USE
FOR A BENEFICIAL PURPOSE:
a) agricultural,
gardening, domestic, stock raising, municipal, mining, manufacturing,
industrial, commercial, recreational, or pleasure purposes;
b) exploring
for, producing, handling, or treating oil, gas, sulphur, or other minerals; or
c) any other
purpose that is useful and beneficial to the user.
SECTION 14. HEARINGS
RULE
14.1 TYPES OF HEARINGS:
The District
conducts two general types of hearings: hearings involving permit matters, in
which the rights, duties, or privileges of a party are determined after an
opportunity for an adjudicative hearing, and rulemaking hearings involving
matters of general applicability that implement, interpret, or prescribe the
law or District policy, or that describe the procedure or practice requirements
of the District. Any matter designated for hearing before the Board may be
referred by the Board for hearing before a Hearing Examiner.
a) Permit Hearings:
1) Permit
Applications, Amendments and Revocations: The District will hold hearings
on water well drilling permits, operating permits, permit renewals or
amendments and permit revocations or suspensions. Hearings involving permit
matters may be scheduled before a Hearing Examiner.
2) Hearings
on Motions for Rehearing: Motions for Rehearing will be heard by the Board
pursuant to Rule 14.8(b).
b) Rule-making
Hearings:
1) District
Management Plan: At its discretion, the Board may hold a hearing to consider
adoption of a new District Management plan.
2) Other
Matters: A public hearing may be held on any matter within the jurisdiction
of the Board ,if the Board deems a hearing to be in the public interest, or
necessary to effectively carry out the duties and responsibilities of the
District.
RULE 14.2 NOTICE AND SCHEDULING OF HEARINGS:
The General
Manager, as instructed by the Board, is responsible for giving notice of all
hearings in the following manner:
a) Notice will
be given to each person who requests copies of hearing notices pursuant to the
procedures set forth in subsection (b), and any other person the Board of
Directors deem appropriate. The date of delivery or mailing of notice may not
be less than ten calendar days before the date set for the hearing.
Notice of
hearing will be published at least once in a newspaper of general circulation
in the District. The date of publication may not be less than ten calendar days
before the date set for the hearing.
A copy of the
notice will be posted at the county courthouse in the place where notices are
usually posted. The date of posting may not be less than ten calendar days
before the date of the hearing.
In addition to
the notices required above, when a hearing involves an operating permit matter,
notice of the date, time, and location of the hearing will be given to the
applicant at least ten calendar days before the day of the hearing.
In addition to
the notice required above, when a hearing involves designation of a Production
Limitation Management Area, a copy of the notice must be provided to each
landowner, well owner, well operator and known groundwater right holder in the
proposed management area.
b) Any person
having an interest in the subject matter of a hearing or hearings may receive written
notice of such hearing or hearings by submitting a request in writing. The
request must identify with as much specificity as possible the hearing or
hearings for which written notice is requested. The request remains valid for a
period of one year from the date of the request, after which time a new request
must be submitted. Failure to provide written notice under this section does
not invalidate any action taken by the Board.
c) Hearings may
be scheduled during the District's regular business hours, Monday through
Friday of each week, except District holidays. All permit hearings will be held
at the District Office. However, the Board may from time to time change or
schedule additional dates, times, and places for permit hearings by resolution
adopted at a regular Board meeting. The General Manager is instructed by the
Board to schedule hearings involving permit matters at such dates, times, and
places set forth above for permit hearings. Other hearings will be scheduled at
the dates, times and locations set at a regular Board meeting.
RULE
14.3 GENERAL PROCEDURES:
a) Authority
of Presiding Officer: The presiding officer may conduct the hearing or
other proceeding in the manner the presiding officer deems most appropriate for
the particular proceeding. The presiding officer has the authority to:
1) set hearing
dates, other than the initial hearing date for permit matters set by the
General Manager in accordance with Rule 14.2(c);
2) convene the
hearing at the time and place specified in the notice for public hearing;
3) establish the
jurisdiction of the District concerning the subject matter under consideration;
4) rule on
motions and on the admissibility of evidence and amendments to pleadings;
5) designate and
align parties and establish the order for presentation of evidence;
6) administer
oaths to all persons presenting testimony;
7) examine
witnesses;
8) issue
subpoenas when required to compel the attendance of witnesses or the production
of papers and documents;
9) require the
taking of depositions and compel other forms of discovery under these rules;
10) ensure that
information and testimony are introduced as conveniently and expeditiously as
possible, without prejudicing the rights of any party to the proceeding;
11) conduct
public hearings in an orderly manner in accordance with these rules;
12) recess any
hearing from time to time and place to place;
13) reopen the
record of a hearing for additional evidence when necessary to make the record
more complete; and
14) exercise any
other appropriate powers necessary or convenient to effectively carry out the
responsibilities of presiding officer.
b) Hearing
Registration Forms: Each individual attending a hearing or other proceeding
of the District must submit a form providing the following information: name;
address; whether the person plans to testify; and any other information
relevant to the hearing or other proceeding.
c) Appearance;
Representative Capacity: Any interested person may appear in person or may
be represented by counsel, engineer, or other representative provided the
representative is fully authorized to speak and act for the principal. Such
person or representative may present evidence, exhibits, or testimony, or make
an oral presentation in accordance with the procedures applicable to the
particular proceeding. Any partner may appear on behalf of the partnership. A
duly authorized officer or agent of a public or private corporation, political
subdivision, governmental agency, municipality, association, firm, or other
entity may appear for the entity. A fiduciary may appear for a ward, trust, or
estate. A person appearing in a representative capacity may be required to
prove proper authority.
d) Alignment
of Parties; Number of Representatives Heard: Participants in a proceeding
may be aligned according to the nature of the proceeding and their relationship
to it. The presiding officer may require the participants of an aligned class
to select one or more persons to represent them in the proceeding or on any
particular matter or ruling and may limit the number of representatives heard,
but must allow at least one representative of an aligned class to be heard in
the proceeding or on any particular matter or ruling.
e) Appearance
by Applicant or Movant: The applicant, movant or party requesting the
hearing or other proceeding or a representative should be present at the
hearing or other proceeding. Failure to so appear may be grounds for
withholding consideration of a matter and dismissal without prejudice or may
require the rescheduling or continuance of the hearing or other proceeding if
the presiding officer deems it necessary in order to fully develop the record.
f) Reporting:
Hearings and other proceedings will be recorded on audio cassette tape or, at
the discretion of the presiding officer, may be recorded by a certified
shorthand reporter. The District does not prepare transcripts of hearings or
other proceedings recorded on audio cassette tape on District equipment for the
public, but the District will arrange access to the recording. Subject to
availability of space, any party may, at their own expense, arrange for a
reporter to report the hearing or other proceeding or for recording of the
hearing or other proceeding. The cost of reporting or transcribing a permit
hearing may be assessed in accordance with Rule 14.5(b). If a proceeding other
than a permit hearing is recorded by a reporter, and a copy of the transcript
of testimony is ordered by any person, the testimony will be transcribed and
the original transcript filed with the papers of the proceeding at the expense
of the person requesting the transcript of testimony. Copies of the transcript
of testimony of any hearing or other proceeding thus reported may be purchased
from the reporter.
g) Continuance: The presiding officer may continue hearings or other proceedings from time to time and from place to place without the necessity of publishing, serving, mailing or otherwise issuing a new notice. If a hearing or other proceeding is continued and a time and place (other than the District Office) for t