Rule 2 : Waste or Pollution

A. Groundwater shall not be produced, or used, within the District in such a manner, or under such conditions, as to constitute waste. Groundwater shall not be produced from an abandoned or deteriorated well.

B. Any person producing, or using groundwater, shall use every possible precaution to avoid and prevent waste.

C. A well(s), or a borehole, identified as an abandoned or deteriorated well must be plugged, covered, or reworked in accordance with the requirements of the District and any applicable statewide law, agency or political subdivision having jurisdiction including, but not limited to the Texas Water Well Driller's Act, Chapters 35 and 36, Texas Water Code, the TCEQ, and Railroad Commission.

Rule 3 - Notice of Intent to Drill Test Holes

A. Prior to commencement of drilling a test hole for a well, a person wishing to explore for groundwater must file with the District a notice of intent to drill a test hole. The notice of intent to drill a test hole shall be accompanied by payment of the prescribed fee(s), and include the following additional information:

1. A legal description of the tract upon which the test hole is proposed to be drilled.

2. The proposed date for commencing drilling of the test hole.

3. The exact location of the test hole, including the name of the current landowner as listed on the tax roll as with the volume and page data from the Caldwell or Hays County Deed Records, and the exact number of yards to the nearest public road, property line or other legal description, and the survey in which the land is located.

4. The name and address of the driller or contractor.

5. The date the test hole(s) is to be drilled.

6. An acknowledgement that the person(s) responsible for drilling of the test hole will provide drilling logs and/or plugging reports to the District upon completion of the test hole operation.

7. An acknowledgment that the test hole will be properly plugged or, if the test hole will be converted to a water well, the test hole will be capped with a covering capable of sustaining a weight of at least 400 pounds until the test hole is converted to a water well.

8. An acknowledgment that the person(s) responsible for drilling the test hole will make appropriate applications to the District pursuant to Rule 4 if the test hole(s) is not plugged.

B. Any other information deemed necessary by the District.

Rule 4 - Well Applications & Registrations

A All wells, including exempt wells, must be registered with the District.

B. All applications for new well permits, unless otherwise exempted, are subject to spacing requirements, if any, relative to any approved well permit(s) or existing registered well(s). Existing wells are not subject to spacing limits; provided however, that any amendment to increase the well size, amount or rate of production, of an Existing Well shall be subject to the District’s spacing and production requirements then in effect.

C. All exempt Existing Wells shall be registered with the District within one year of the effective date of the District’s Rules. If a person desires to drill a new exempt well, they must register such new well prior to the commencement of drilling.

D. All wells, whether exempt or permitted, shall be equipped and maintained in accordance with all applicable state laws and these Rules as to drilling, installation of casing, completion, and pipe and fittings to prevent (i) the escape of groundwater from a groundwater reservoir to any reservoir not containing groundwater and to prevent the pollution or harmful alteration of the character of the water in any groundwater reservoir, and (ii) waste.

E. Each registration and/or permit application filed with the District shall be accompanied by the applicable prescribed fee(s).

F. Unless the drilling and/or operation of the well is exempt, either by law or by these Rules, no person shall (i) operate a well, (ii) begin to drill a well, (iii) perforate an existing well, or (iv) increase the size of an existing well or a pump therein, without first applying to the District for, and receiving a permit. Forms for permit applications and registrations approved by the Board of Resolution will be made available by the District. An Existing Well for which a permit application is on file with the District may continue to be operated in a non-wasteful manner pending action by the District on the application. All applications for a permits and registrations filed with the District shall include the following information:

1. Name and mailing address of the applicant/registrant and, if different, the owner of land on which the well is or will be located.

2. If the applicant/registrant is other than the owner of the property, documentation establishing the applicable authority to construct and/or operate the well for the proposed use.

3. The location of the Existing Well or to be drilled, including longitude and latitude coordinates, the name of the current landowner as listed on the tax rolls with the Volume and Page data from the Caldwell or Hays County Deed Records, and the distance in yards to the nearest public road, property line or other legal description, and the survey in which the land is located.

4. A statement of the nature and purpose of the existing/proposed use and the amount of water to be used for each purpose. Multiple uses of the same quantity of water to be permitted by the District may be requested, provided that the total cumulative volume used annually does not exceed the amount authorized by the permit or exemption issued by the District or authorized by these Rules; provided, however, that groundwater produced from any exempt well(s) may only be used for domestic and livestock purposes.

5. The proposed rate at which water is or will be withdrawn.

6. The name and address of the driller or contractor.

7. The date proposed drilling operations are to commence for a new well(s), or the date on which the well(s) was completed for an Existing Well.

8. A statement of the location of the three (3) closest wells and/or permits within one-half mile of the proposed well(s) location, together with the names and addresses of the owners of the Property based upon the most current tax rolls, and the legal descriptions of each location, or permit application or district well number.

9. An acknowledgment by the applicant/registrant that required information will be furnished to the District by the applicant/registrant upon completion of the well(s) and prior to production of water therefrom.

10. A water conservation and drought contingency plan, or a declaration that the applicant/registrant will comply with the District’s Groundwater Management Plan, including any water conservation and drought contingency plans.

11. A list of landowners adjacent to the tract for which the application is submitted as listed on the tax rolls of Caldwell or Hays County, as applicable.

12. A water well closure plan, or a declaration that the applicant/registrant will comply with well plugging guidelines and report closure to the TCEQ and the District.

13. A representation that the well(s) was, or will be, drilled, equipped and completed in accordance with District Rules.

14. Acknowledgment that the well(s) will be properly plugged in accordance with District Rules.

15. Any other additional information deemed necessary by the District and authorized by Chapter 36, Texas Water Code.

G. To obtain a “Water Well Production Permit” for a new well, the drilling permit number assigned to that well by the District and the following additional information shall be provided to the District immediately upon completion of a new well(s), or the reworking or re-equipping of an existing well(s) on forms provided by the District:

1. Copies of any either (i) other applications for permits previously submitted to, and/or (ii) permits issued by the District for the subject well.

2. The drilling log(s) prepared during the drilling of the subject well.

3. Identification of the aquifer(s) from which water will be produced and the screening or perforation interval(s).

4. The proposed use of the well(s).

5. The total number of gallons per minute the pump(s) is capable of producing.

6. The rate at which the well(s) is going to be produced in gallons per minute.

7. The volume of water to be produced annually.

8. The number of contiguous acres owned or leased by the applicant/registrant from which groundwater is to be produced as recorded in the Caldwell or Hays County Deed Records.

9. Additional information that may be required by the Board, and authorized by Chapter 36, Texas Water Code.

H. To obtain a Water Well Production Permit for an Existing Well the following additional information shall be provided to the District on forms provided by the District:

1. The purposes of use for which water has historically been produced.

2. The highest volume of water produced during any consecutive twelve (12) month period, including documentary evidence corroborating such production and use.

3. The number of contiguous acres owned or leased from which the groundwater has been produced from the Existing Well.

4. Additional information that may be required by the Board, and authorized by Chapter 36, Texas Water Code.

I. To obtain a “Transportation Facility Permit” or, if exempt from the District’s permit requirements, a “Registration,” the following additional information shall be provided to the District:

1. The name and address of the owner(s) and/or operator(s) of the transportation facility.

2. The legal description of the location of the well(s), including the longitude and latitude coordinates, from which groundwater to be transported is to be produced.

3. A map reflecting the location of the well(s) and the transportation facilities.

4. The name(s) and address(es) of the water right owner(s) of the land(s) upon which the well(s) from which water is to be produced and transported is located.

5. The permit registration number(s) of the well(s) used to produce water to be transported.

6. A technical description of the well(s) that are producing water for transportation including, but not limited to:

(a) a copy of the driller’s log(s) for each well anticipated to contribute groundwater to the transportation facilities;

(b) a completion record showing the depth of the well(s), the casing diameter, type and setting, and the perforated interval(s);

(c) the size of the pump(s) used to produce groundwater to be transported; and the date the well(s) was drilled.

7. The use of groundwater transported.

8. The volume of groundwater transported, if any, during the previous calendar year.

9. A technical description of the facilities used to transport groundwater.

10. The names and addresses of the property owner(s) within one-half (1/2) mile of the location of the well(s) from which water to be transported is to be produced, and the location of any well(s) on those properties.

11. The time schedule for construction and/or operation of any new transportation facilities.

12. A copy of the construction and operation plans, including but not limited to, the following:

(a) A technical description of the proposed well(s) and production facilities, including depth of the well(s) the casing diameter, type and setting, the perforated interval(s), and the size of pump(s);

(b) A technical description of the facilities to be used for transportation of water;

(c) Information showing the effect, if any, of the proposed transportation on the quantity and quality of water available within the District.

13. Identify any other possible sources which could be used for the stated purposes, including quality and quantity of such alternate sources.

14. Identify any other water sources, including treated effluent and greywater, that could be substituted for the fresh groundwater and possible sources of such water sources including quantity and quality.

15. Credible scientific evidence that the proposed operation will not cause pollution, waste, or subsidence.

16. Additional pertinent information that may be required by the Board, and authorized by Chapter 36, Texas Water Code.

J. To obtain a “Recharge Well Permit,” the drilling permit number assigned to that well by the District and the following additional information shall be provided to the District immediately upon completion of a new well, or the reworking or re-equipping of an existing well(s) for purposes of conducting recharge on forms provided by the District:

1. The name and address of the water right owner(s) of the land upon which the recharge facility will be located.

2. The legal description, including longitude and latitude coordinates, of the exact proposed location of the recharge facility.

3. Copies of all permit(s) for any well(s) intended to be used for recharge.

4. The time schedule for construction and/or operation of the recharge facility.

5. The names and addresses of the property owner(s) within one-half (1/2) mile of the proposed recharge facility location, and the location of any well(s) on those properties.

6. A copy of construction and operation plans, including but not limited to, the following information:

(a) A technical description of the facilities to be used for recharge.

(b) The source of the water to be recharged.

(c) The quality of water to be recharged.

(d) The volume of water to be recharged.

(e) The rate at which the water will be recharged.

(f) The formation into which water will be recharged.

(g) Technical analysis of the applicant’s ability to recover the recharged water for beneficial purposes, less reasonably predictable losses, including beneficial use by third parties.

7. Credible scientific evidence showing that the proposed operation will not:

(a) Endanger the structural characteristics of the formation receiving the recharged water.

(b) Cause waste.

(c) Cause pollution.

8. Any additional pertinent information that reasonably may be required by the Board.

K. To the extent any information required by this Rule previously has been provided to the District, the applicant can satisfy said requirements of this Rule by reference to the prior filing, and attaching a copy thereof to the current application.

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Rule 2 : Waste or Pollution A. Groundwater shall not be produced, or used, within the District in such a manner, or under such conditions, as to constitute waste. Groundwater shall not be produced from an abandoned or deteriorated well.

B. Any person producing, or using groundwater, shall use every possible precaution to avoid and prevent waste.

Rule 3 - Notice of Intent to Drill Test Holes

1. A legal description of the tract upon which the test hole is proposed to be drilled.

2. The proposed date for commencing drilling of the test hole.

4. The name and address of the driller or contractor.

5. The date the test hole(s) is to be drilled.

6. An acknowledgement that the person(s) responsible for drilling of the test hole will provide drilling logs and/or plugging reports to the District upon completion of the test hole operation.

7. An acknowledgment that the test hole will be properly plugged or, if the test hole will be converted to a water well, the test hole will be capped with a covering capable of sustaining a weight of at least 400 pounds until the test hole is converted to a water well.

8. An acknowledgment that the person(s) responsible for drilling the test hole will make appropriate applications to the District pursuant to Rule 4 if the test hole(s) is not plugged.

B. Any other information deemed necessary by the District.

Rule 4 - Well Applications & Registrations

A All wells, including exempt wells, must be registered with the District.

C. All exempt Existing Wells shall be registered with the District within one year of the effective date of the District’s Rules. If a person desires to drill a new exempt well, they must register such new well prior to the commencement of drilling.

E. Each registration and/or permit application filed with the District shall be accompanied by the applicable prescribed fee(s).

1. Name and mailing address of the applicant/registrant and, if different, the owner of land on which the well is or will be located.

2. If the applicant/registrant is other than the owner of the property, documentation establishing the applicable authority to construct and/or operate the well for the proposed use.

5. The proposed rate at which water is or will be withdrawn.

6. The name and address of the driller or contractor.

7. The date proposed drilling operations are to commence for a new well(s), or the date on which the well(s) was completed for an Existing Well.

9. An acknowledgment by the applicant/registrant that required information will be furnished to the District by the applicant/registrant upon completion of the well(s) and prior to production of water therefrom.

10. A water conservation and drought contingency plan, or a declaration that the applicant/registrant will comply with the District’s Groundwater Management Plan, including any water conservation and drought contingency plans.

11. A list of landowners adjacent to the tract for which the application is submitted as listed on the tax rolls of Caldwell or Hays County, as applicable.

12. A water well closure plan, or a declaration that the applicant/registrant will comply with well plugging guidelines and report closure to the TCEQ and the District.

13. A representation that the well(s) was, or will be, drilled, equipped and completed in accordance with District Rules.

14. Acknowledgment that the well(s) will be properly plugged in accordance with District Rules.

15. Any other additional information deemed necessary by the District and authorized by Chapter 36, Texas Water Code.

1. Copies of any either (i) other applications for permits previously submitted to, and/or (ii) permits issued by the District for the subject well.

2. The drilling log(s) prepared during the drilling of the subject well.

3. Identification of the aquifer(s) from which water will be produced and the screening or perforation interval(s).

4. The proposed use of the well(s).

5. The total number of gallons per minute the pump(s) is capable of producing.

6. The rate at which the well(s) is going to be produced in gallons per minute.

7. The volume of water to be produced annually.

8. The number of contiguous acres owned or leased by the applicant/registrant from which groundwater is to be produced as recorded in the Caldwell or Hays County Deed Records.

9. Additional information that may be required by the Board, and authorized by Chapter 36, Texas Water Code.

H. To obtain a Water Well Production Permit for an Existing Well the following additional information shall be provided to the District on forms provided by the District:

1. The purposes of use for which water has historically been produced.

2. The highest volume of water produced during any consecutive twelve (12) month period, including documentary evidence corroborating such production and use.

3. The number of contiguous acres owned or leased from which the groundwater has been produced from the Existing Well.

4. Additional information that may be required by the Board, and authorized by Chapter 36, Texas Water Code.

I. To obtain a “Transportation Facility Permit” or, if exempt from the District’s permit requirements, a “Registration,” the following additional information shall be provided to the District:

1. The name and address of the owner(s) and/or operator(s) of the transportation facility.

2. The legal description of the location of the well(s), including the longitude and latitude coordinates, from which groundwater to be transported is to be produced.

3. A map reflecting the location of the well(s) and the transportation facilities.

4. The name(s) and address(es) of the water right owner(s) of the land(s) upon which the well(s) from which water is to be produced and transported is located.

5. The permit registration number(s) of the well(s) used to produce water to be transported.

6. A technical description of the well(s) that are producing water for transportation including, but not limited to:

(a) a copy of the driller’s log(s) for each well anticipated to contribute groundwater to the transportation facilities;

(b) a completion record showing the depth of the well(s), the casing diameter, type and setting, and the perforated interval(s);

(c) the size of the pump(s) used to produce groundwater to be transported; and the date the well(s) was drilled.

7. The use of groundwater transported.

8. The volume of groundwater transported, if any, during the previous calendar year.

9. A technical description of the facilities used to transport groundwater.

10. The names and addresses of the property owner(s) within one-half (1/2) mile of the location of the well(s) from which water to be transported is to be produced, and the location of any well(s) on those properties.

11. The time schedule for construction and/or operation of any new transportation facilities.

12. A copy of the construction and operation plans, including but not limited to, the following:

(a) A technical description of the proposed well(s) and production facilities, including depth of the well(s) the casing diameter, type and setting, the perforated interval(s), and the size of pump(s);

(b) A technical description of the facilities to be used for transportation of water;

(c) Information showing the effect, if any, of the proposed transportation on the quantity and quality of water available within the District.

13. Identify any other possible sources which could be used for the stated purposes, including quality and quantity of such alternate sources.

14. Identify any other water sources, including treated effluent and greywater, that could be substituted for the fresh groundwater and possible sources of such water sources including quantity and quality.

15. Credible scientific evidence that the proposed operation will not cause pollution, waste, or subsidence.

16. Additional pertinent information that may be required by the Board, and authorized by Chapter 36, Texas Water Code.

1. The name and address of the water right owner(s) of the land upon which the recharge facility will be located.

2. The legal description, including longitude and latitude coordinates, of the exact proposed location of the recharge facility.

3. Copies of all permit(s) for any well(s) intended to be used for recharge.

4. The time schedule for construction and/or operation of the recharge facility.

5. The names and addresses of the property owner(s) within one-half (1/2) mile of the proposed recharge facility location, and the location of any well(s) on those properties.

6. A copy of construction and operation plans, including but not limited to, the following information:

(a) A technical description of the facilities to be used for recharge.

(b) The source of the water to be recharged.

(c) The quality of water to be recharged.

(d) The volume of water to be recharged.

(e) The rate at which the water will be recharged.

(f) The formation into which water will be recharged.

(g) Technical analysis of the applicant’s ability to recover the recharged water for beneficial purposes, less reasonably predictable losses, including beneficial use by third parties.

7. Credible scientific evidence showing that the proposed operation will not:

(a) Endanger the structural characteristics of the formation receiving the recharged water.

(b) Cause waste.

Rule 2 : Waste or Pollution

A. Groundwater shall not be produced, or used, within the District in such a manner, or under such conditions, as to constitute waste. Groundwater shall not be produced from an abandoned or deteriorated well.