|
A.
Applications shall be
made to, and permits must be obtained from, the District before
installing and/or operating a recharge well and/or facility, including
an aquifer storage and recovery well or project. Such applications shall
be on forms provided by the District and contain the information
prescribed by these Rules for well permits and recharge wells.
B.
The District shall
provide the following notice regarding the application:
1.
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 county, or counties, in which the proposed recharge
well and/or facility is proposed to be located. 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 recharge facility; and
(e)
A brief summary of
the information included in the application.
C.
A hearing on an
application shall be heard without the necessity of issuing further
notice, other than the time and place where the Board meeting is to take
place, after the expiration of the time limits set forth herein.
Hearings shall be conducted in accordance with provisions in these
Rules.
D.
The Board, in
considering the application for a recharge well or facility, shall
consider:
1.
Whether operations of
the recharge well or facility will result in waste.
2.
Whether operations of
the recharge well or facility will result in pollution.
3.
Whether operations of
the recharge well or facility will result in significant subsidence.
4.
Whether the recharge
well or facility will endanger the structural characteristics of the
formation.
E.
The operator of a
recharge well or facility shall be required to keep records and make
reports to the District as to the operation of the recharge well or
facility. Reports to the District shall be made on a quarterly basis,
beginning at the time a permit is issued to operate. Such reports shall
include, but are not limited to, the following:
1.
Volumes of water
recharged through the recharge well or facility;
2.
The source of the
water recharged through the recharge well or facility;
3.
The quality of the
water recharged through the recharge well or facility; and
4.
Additional
information as may be specifically required by a permit to operate a
recharge well or facility.
F.
The owner of a
recharge well or facility shall assume, and shall be charged with,
strict liability for the prevention of pollution and waste from such
well or facility, as well as, damage to the recharged formation by
reason of the operations of said well or facility.
A.
Any authorized
officer, employee, agent or representative of the District shall have
the right at all reasonable times to enter lands upon which a well or
wells may be located within the District for the purpose of conducting
inspections authorized by Chapter 36, Texas Water Code, as the same may
be amended from time-to-time.
B.
If any District
officer, employee, agent or representative is refused the right to enter
lands under this authority, the District may invoke the remedies
authorized by law, including Section 36.102 of the Texas Water Code.
A.
To accomplish the
purposes set forth in the District’s Groundwater Management Plan, the
Board may grant exceptions to Rules and/or Final Orders of the District.
The District may grant exemptions from the requirements to obtain a
drilling permit, a production permit or any other permit required by
either Chapter 36, Texas Water Code, or the District Rules; provided,
however, that the same are granted consistent with Section 36.117, Texas
Water Code. This Rule, and all other Rules of the District, shall not be
construed so as to limit the power of the Board, and the powers stated
are cumulative of all other powers possessed by the Board.
B.
Procedure:
1.
Any person, firm,
corporation, association of persons, or other entity desiring an
exception to any Rule or Final Order shall file a written, sworn
application with the District office in Lockhart, Caldwell, County Texas
stating:
(a)
The nature of the
exception requested;
(b)
The justification for
granting the exception; and
(c)
Any information that
the applicant deems appropriate in support of the application.
2.
All applications for
exceptions shall be heard and considered by the Board, meeting either in
regular or special session, within ninety (90) days after submittal. At
least thirty (30) days notice of the hearing shall be given to the
applicant, to known interested parties, including all governmental
agencies having potential concurrent jurisdiction, and notice shall also
be given to the public by appropriate notice published in a newspaper in
general circulation within the District at least thirty (30) days before
the date of the hearing.
3.
Any hearing held
hereunder shall be open to the public.
4.
At the hearing the
applicant, and other interested parties, state or federal agencies or
officials will be given the opportunity to present evidence.
5.
The decision of the
Board shall be based upon the evidence submitted at the hearing,
including facts of which the Board may take judicial notice, statements
and arguments.
6.
The Board shall enter
an order granting or denying an application for exception, with such
conditions as it shall deem proper, within sixty (60) days after such
hearing.
C.
The order(s) of the
Board in any non-contested application or proceeding shall become the
Final Order of the Board. All Orders of the Board in contested
applications, appeals or other proceedings shall contain a statement
that it was contested. In such event, the Order will become final
fifteen (15) days from the date of entry thereof and be binding on the
parties thereto, unless a timely motion for rehearing is filed.
A.
NOTICE OF PROTEST. In
the event anyone should desire to protest or oppose any pending matter
before the Board, or desires to prosecute their appeal from any action
of the Board affecting them, a written notice of protest or opposition
shall be filed with the District on or before the date on which such
application or matter has been set for hearing, or the protestant may
appear in person before the Board. For the convenience of the Board, it
is urged that protests be filed at least five (5) days before the
hearing date.
B.
PROTEST REQUIREMENTS.
Protests, unless made in person before the Board, shall be submitted in
writing with a duplicate copy to the applicant and any opposite party(s)
or party(s) of record. All protests, whether written or made in person,
shall comply in substance with the following requirements:
1.
Each protest shall
include the name and address of the protestant(s) and show that
protestant(s) has read either the application or a notice relative
thereto published by the Board.
2.
There shall be an
allegation of the specific injury to protestant(s) which will result
from the proposed action or matter to be considered by the Board.
3.
If the protest is
based upon a claim of injury with some present right of the protestant(s),
it shall include a statement of the bases of protestant’s claim,
together with all available information documenting the injury.
4.
Protestant(s) should
call attention to any amendment of the application or adjustment which,
if incorporated in the Board’s permit, would result in the withdrawal of
the protest.
C.
CONTESTED
APPLICATIONS OR PROCEEDINGS DEFINED: An application, appeal, motion or
proceeding pending before the Board is considered to be “contested” when
either a protestant(s) or intervenor(s), or both, file a written notice
of protest and/or appear at the hearing held on the application, appeal
from a Board motion or proceeding and present testimony or evidence in
support of their contentions, or present a question or questions of the
law with regard to the application, motion, or proceeding. Where neither
the protestant(s) nor intervenor(s) appear and offer testimony and/or
evidence in support of their contentions, or raise a question of law
with reference to any pending application, motion or proceeding, the
same shall be considered uncontested.
D.
In the event of a
contested hearing, each party shall furnish the other parties of record
with a copy of all motions, amendments or briefs filed by him with the
Board.
Back Top of Page
Next |