Rules 5 - 9

Rule 5 - Application for Drilling Permits
  
A.                 Any person who is require to obtain a drilling permit or who request an
                    amendment or modification of a permit, shall complete, sign, and submit
                    an application on a form provided by the District pursuant to these rules.
                     

B.                 Forms for drilling permit applications will be made available by the District. 

C.                 Applications shall be made to, and permits must be obtained from the Board to drill and complete production wells, recharge wells, injection wells, dewatering wells or monitoring wells. Applications shall state whether it is an applicA.                 Any person who is required to obtain a drilling permit, or who requests an amendment or modification of ation for a production well, recharge well, injection well, dewatering well or monitoring well. Such application shall be filed in accordance with provisions of these Rules, and shall contain the information required herein for new wells insofar as is applicable. After the well has been drilled, the owner shall promptly furnish the District with a completion report.

D.                 Recharge wells shall be completed and equipped in such a manner as to protect human life and prevent pollution. The owner of such wells shall assume and shall be charged with full responsibility for the prevention of personal injury, property damage, or pollution from such wells or activities.

E.                  Each application filed with the District shall be accompanied by the prescribed application fee(s). 

Rule 6 -Issuance of Permits

A.                 The District shall provide mailed notice to an applicant of the District’s receipt of the complete application and the date the application will be considered by the Board. Such notice shall be provided at least thirty (30) days prior to the date of the Board hearing on the application. In addition. the District will cause a notice to be published in a newspaper of general circulation in the District, at least fifteen (15) days in advance, setting forth the time and place where the Board will hold a hearing on the application.

B.                 Before granting or denying a permit, the Board will consider whether:

1.                  The application contains all the information required to be submitted to the District pursuant to these Rules;

2.                  The application is in conformance with any applicable spacing requirements established by the District;

3.                  The proposed use of groundwater unreasonably affects existing groundwater or surface water resources;

4.                  The proposed use of groundwater is a beneficial use consistent with District’s Certified Groundwater Management Plan;

5.                  The applicant has agreed to avoid waste and achieve water conservation;

6.                  The proposed use of the groundwater will result in subsidence, if any; and

7.                  The applicant has agreed that reasonable diligence will be used to protect groundwater quality, and that the applicant will follow well plugging guidelines at the time of well closure.

C.                 Acceptance of a permit(s) constitutes an acknowledgment and agreement that the permitee shall comply with all the terms and conditions embodied in the permit, including any subsequent prorata reductions thereof, the Rules of the District, and Chapter 36 of the Texas Water Code, all as the same may be amended from time-to-time.

Rule 7 - Time During Which a Permit Shall Remain Valid

Any drilling permit granted hereunder shall remain valid if the work contemplated by the permit is completed within one hundred twenty (120) days from the date the permit is granted.  Thereafter, the permit shall be void; provided, however, that the Board may extend the permit either for (i) for good cause, an additional one hundred twenty (120) day period, or (ii) if it is made known to the Board that a proposed drilling project will take more time to complete, the Board upon receiving written application may grant such time as is reasonably necessary to complete such project.

Rule 8 - Location of Well

After the application for a well permit has been granted the well, if drilled, must be within ten (10) yards of the location specified in the permit.  If the well is commenced or drilled at a different location, absent an amendment to the Permit, the drilling or subsequent operation of such well may be enjoined by the Board pursuant to Chapter 36.102 Texas Water Code and these Rules.

Rule 9 - Deposits and Administrative Fees

A.                 Each well registration, notice of intent to drill test hole, and/or application for a permit to drill a well, or produce water delivered to the District shall be accompanied by the required deposit and/or any applicable fee(s) adopted by the Board.  Said deposit and/or administrative fees shall be paid by cash or certified check only, made payable to the “Plum Creek Conservation District.”

B.                 The Board may set the amount of deposits and administrative fees by Board Resolution, and modify its refund policies for deposits from time to time by Resolution upon giving proper public notice.

C.                 Procedure for Board Consideration of Production Permits.

1.                  After notice and hearing, the Board shall issue a production permit if it finds:

(a)               The application contains all the information required to be submitted to the District.

(b)              Production from and spacing of the well, if applicable, is in compliance with the District’s Rules.

(c)              Production from the well, at the rates requested, will not result in waste.

(d)              The proposed use of water will not unreasonably affect existing groundwater or surface water resources.

(e)              The proposed use of water is dedicated to a beneficial use.

(f)               The proposed use of water is consistent with the District’s Certified Groundwater Management Plan.

D.                 Well Production Permits shall remain valid for up to Five (5) years and after that period it shall be renewed by the Board if the permittee is in compliance with the permit, the District’s Rules and applicable statutes, and all applicable fees, if any, are paid current to the District.  If renewal procedures have been initiated before the permit expiration date, the existing permit will remain in full force and effect and will not expire until Board action on the renewal application is final.

E.                  A Well Production Permit is transferable upon application to the District in the event of change of ownership.

F.                  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 of these rules.

G.      The following fees shall be paid as required by these Rules:            

1.