A.
No person shall
rework, redrill, or re-equip a well in such a manner that would increase
the rate or volume of production from such well above the amount then
authorized by permit without first having made an application to the
District, and having been granted a permit or permit amendment by the
Board to do so. Nor shall any person replace a well without a permit
from the Board, which permit shall be granted automatically if the
replacement well is to be drilled within fifty (50) yards of the old
well; provided, however, that such replacement well shall not be located
toward any other well unless the new location complies with the
District’s applicable spacing requirements, if any, then in force and
effect. Otherwise, the replacement well shall be considered to be a new
well for which application must be made.
Immediately
upon completion of a replacement well, the old well shall be:
1.
Plugged and
abandoned; or
2.
Properly equipped in
such a manner that it cannot produce more than 25,000 gallons of water
per day; or
3.
Closed in accordance
with District’s Rules.
An
application to rework, re-equip, redrill or replace an existing well,
where such activity does not result in a change in well classification
or a violation of the District’s spacing requirements may be granted by
the District without notice or hearing.
B.
The size or actual
pumping capacity of a well shall not be modified so as to increase the
rate of production of the well above the maximum pumping capacity for
which the well was permitted without a permit amendment. Any such permit
amendment may be granted only after written notice to adjacent owners
and owners of wells within a quarter-of-a-mile from such well, public
hearing, and after a decision by the Board that such a change will not
cause unreasonable interference between wells, waste, or confiscation of
property; provided that if the adjacent property owners do not indicate
in writing that they have an objection to the proposed change, the Board
may proceed to act on the amendment without a hearing. Provided further,
that if the well is of a sufficient distance from other wells to comply
with any applicable spacing regulations, if any, for new wells of the
same capacity, and meets other Rules of the District, the Board may
proceed to act on the amendment without a hearing.
C.
In the event the
application meets all applicable spacing requirements, if any, and other
Rules of the District, the Board shall grant such application at its
regular monthly agenda or any other duly noticed Board meeting.
A.
When a pump is
installed, or repaired, including all wells having a chemical injection,
chemigation or foreign substance unit in the water delivery system, an
in-line, automatic quick-closing check valve capable of preventing
pollution or harmful alteration of the groundwater shall be installed.
B.
Any open, or
uncovered, well(s) shall be required to be closed or capped, either
permanently or temporarily, in accordance with Chapter 36, Texas Water
Code, as set forth below:
1.
The District may
require the owner or lessee of land on which an open or uncovered well
is located to cap the well permanently closed or capped with a covering
capable or sustain a weight of at least 400 pounds, except when the well
is in actual use.
2.
As used in this
section, “open or uncovered well” means an artificial excavation that is
dug or drilled for the purpose of exploring for or producing water from
the underground water reservoir and is not capped or covered as
required.
3.
If the owner or
lessee fails or refuses to close or cap the well in compliance with this
Rule within 10 days after being requested to do so in writing by an
officer, agent, or employee of the District; any person, firm, or
corporation employed by the District may go on the land and close or cap
the well safely and securely.
4.
Reasonable expenses
incurred by the District in closing or capping a well constitute a lien
on the land on which the well is located.
5.
The lien is perfected
by filing an affidavit, executed by any person conversant with the
facts, in the deed records of the county where the well is located,
stating the following:
(a)
The existence of the well;
(b)
The legal description of the
property on which the well is located;
(c)
The approximate location of
the well on the property;
(d)
The failure or refusal of
the owner or lessee, after notification, to close the well within 10
days after the notification;
(e)
The closing of the well by
the District, or by an authorized agent, representative, or employee of
the District; and
(f)
The expense incurred by the
District in closing the well.
C.
Nothing in this Rule
affects the enforcement of Subchapter A, Chapter 756, Health and Safety
Code.
A.
For the purpose of
conserving, preserving, and protecting groundwater in this District and
to thereby insure the continuing health, welfare and safety of the
citizens of this District, unless otherwise exempted by law or these
Rules, applications shall be made and permits must be obtained from the
Board before installing and/or operating a Transportation Facility for
the purpose of transporting water produced within the District for end
use outside of the District. This Rule does not apply to water that is
transported outside of the District for the purpose of treatment or
temporary storage if the ultimate beneficial use of the water occurs
within the District.
B.
Notice of permit
hearing.
1.
The District shall
mail notice not less than thirty(30) days before the date set for
District consideration of an application by first-class mail, postage
prepaid, to the applicant;
2. Notice of the
application shall be published by the District in a newspaper of general
circulation in the District. The notice shall contain the following:
(a)
The name and address of the
applicant;
(b)
The date the application was
filed;
(c)
The time and place of the
hearing;
(d)
The location of the proposed
well or wells from which water to be transported is to be produced;
(e)
A description of the
Transportation Facility, including its proposed route;
(f)
The proposed use of the
water to be transported; and
(g)
A brief summary of the
information in the application.
C.
Considerations of
Permit Issuance.
Hearings
shall be conducted in accordance with provisions in these rules. In
determining whether to issue a permit, the Board shall consider the
following:
1.
The availability of
water in the District and in the proposed receiving area during the
period for which the water supply is requested;
2.
The availability of
feasible and practicable alternative supplies to the applicant;
3.
The amount and
purposes of use in the proposed receiving area for which water is
needed;
4.
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; and
5.
The approved regional
water plan and Certified District Groundwater Management Plan.
D.
Permit Conditions.
The
transportation permit, if issued, shall include the following terms and
provisions:
1.
The name and address
of the person to whom the permit is issued;
2.
The location of the
pipeline facility;
3.
The date the permit
is to expire if no Transportation Facility is constructed;
4.
A statement of the
purpose for which the Transportation Facility will be used;
5.
A requirement that
the water transported under the permit will be put to a beneficial use
at all times;
6.
The location of the
use of the water from the Transportation Facility;
7.
Conditions and
restrictions, if any, placed on the rate and amount of water
transported;
8.
Any conservation
oriented methods of constructing and operating the transportation
facility;
9.
A drought contingency
plan approved by the District;
10.
The amount of water
that may be transferred out of the District; and
11.
The period for which
the water may be transferred.
E.
All Transportation
Facilities shall be equipped with flow monitoring devices approved by
the District and shall be available at all reasonable times for
inspection by District personnel. The operator of a Transportation
Facility shall be required to keep records and make quarterly reports to
the District as to the operation of the transportation facility,
including the volume of water transported during the preceding quarter.
F.
All Transportation
Facilities shall reimburse the District for expenses incurred for
administration in connection with this facility as outlined in Chapter
36, Texas Water Code.
G.
This Rule does not
apply to groundwater produced from wells located outside of the
District.
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