The
Rules of the Fayette County Groundwater Conservation District (the District)
were originally adopted by the
Board
of Directors
(the Board) on December 19, 2003 at a duly posted public meeting held in
compliance with the Texas Open Meetings Act and following publication in the
newspaper of a notice of a public hearing, which public hearing was held to
receive public comment concerning the Rules, all in accordance with the Texas
Water Code Sec. 36.101, as amended. The District was created in accordance with
Section 59 of Article XVI of the Texas Constitution and in accordance with
Chapter 36 of the Texas Water Code and by an Act of the Legislature of the State
of Texas, meeting in Regular Session in 2001 as the 77th Legislature,
said Act being Chapter 302 of the General and Special Laws of the State of
Texas, 77th Legislature (2001), Regular Session, said Act being
effective September 1, 2001, said Act (Chapter 302) also being known as Texas
House Bill 1081, as amended by House Bill 535, 78th Legislature
(2003), Regular Session. The
original Rules were effective
January
1, 2004
.
The following Rules as amended and revised (the “Rules”) are hereby
ratified and adopted as the Rules of this District by its Board.
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. These Rules are
to be construed to attain those objectives.
These
rules are designed to provide extensive information about the application of groundwater law
within the boundaries of the District; however, the reader is advised to consult Chapter 36,
Texas Water Code, as amended, in conjunction with these Rules. Should a conflict arise
between these Rules and Chapter 36, or where these Rules are silent, Chapter 36,
as amended, takes precedent.
These
Rules may be used as guides in the exercise of discretion by the Board, where
discretion is vested. However, these Rules shall not be construed as a
limitation or restriction upon the exercise of discretion conferred by law, nor
shall they be construed to deprive the District or the Board of any powers,
duties, or jurisdiction provided by law.
The
Rules, as amended and revised, of the Fayette County Groundwater Conservation
District were adopted by the Board as the Rules of this District on November 6,
2006, effective November 6, 2006.
RULE
REVISION RECORD
|
Date Adopted |
Effective Date |
Action |
|
12/19/2003 |
01/01/2004 |
Original Adoption |
|
05/20/2005 |
05/20/2005 |
Amended and Revised |
|
11/06/2006 |
11/06/2006 |
Amended and Revised |
SECTION 1. DEFINITIONS AND CONCEPTS
RULE 1.1 DEFINITIONS OF
TERMS
In
the administration of its duties, the Fayette County Groundwater Conservation
District follows the definitions of terms set forth in the District Act, Chapter
36 of the Texas Water Code, as amended, and the definitions of terms as follows:
“Abandoned
well” shall mean a well that has not been used for six consecutive months.
A well is considered to be in use in the following cases:
a)
a non-deteriorated well which contains the casing, pump, and pump column in good
working condition; or
b)
a non-deteriorated well which has
been capped in accordance with these Rules.
"Acre-foot" shall mean the amount of water necessary to cover one acre
of land one foot deep, or about 325,851 gallons of water.
"Agriculture" shall mean any of the following
activities, as per Chapter 36, Texas Water Code:
a)
cultivating the soil to produce crops for human food, animal feed,
or planting seeds or for the production of fibers;
b)
the practice of floriculture, viticulture, silviculture, and
horticulture, including the cultivation of plants in containers or nonsoil
media, by a nursery grower;
c)
raising, feeding, or keeping animals for breeding purposes or for
the production of food or fiber, leather, pelts, or other tangible products
having a commercial value;
d)
planting cover crops, including cover crops cultivated for
transplantation, or leaving land idle for the purpose of participating in any
governmental program or normal crop or livestock rotation procedure;
e)
wildlife management; and
f)
raising or keeping equine animals.
"Agricultural
crop" shall mean food or fiber commodities grown for resale or commercial
purposes that provide food, clothing, or animal feed.
"Agricultural
use" means any use or activity involving agriculture, including
irrigation.
“Animal
feeding operation (AFO)”, as defined by the Texas Commission on Environmental
Quality, shall mean a lot or facility, other than an aquatic animal production
facility, where animals have been, are, or will be stabled or confined and fed
or maintained for a total of 45 days or more in any 12-month period, and in
which the animal confinement areas do not sustain crops, vegetation, forage
growth, or post-harvest residues in the normal growing season over any portion
of the lot or facility. Animal
feeding operations are not considered agricultural use by the District.
Wells for animal feeding operations must obtain a permit from the
District.
"Board"
shall mean the Board of Directors of the District.
“Capped
well” shall mean a well that is closed or capped with a covering capable of
preventing surface pollutants from entering the well and able to sustain the
weight of at least 400 pounds and constructed in such a way that the covering
cannot be easily removed by hand.
“Closed Loop Well”
shall mean a well constructed for circulating water through a continuous length
of tubing, generally for earth coupled-heat exchange purposes. A
well system drilled and equipped for the purpose of utilizing the subsurface as
a source of energy and for heat exchange in heating and cooling systems.
These are sealed systems, no water is to be produced or injected.
See also Earth Coupled Heat Exchange-Closed Loop System. (An exempt
well).
“Commercial
Use” shall mean a well used to supply water to properties or establishments
which are in business to provide goods, services and/or repairs and which use
water in those processes or incidental to the maintenance of the property or
establishment including landscape irrigation; and/or a well used to supply water
to a business establishment primarily for employee and customer sanitary
purposes (i.e. flushing of toilets, sanitary purposes, or
limited landscape watering). (A non-exempt well.)
“Completed
water well” shall mean a water well which has sealed off access of
undesirable water or constituents to the well bore by utilizing proper casing
and annular space positive displacement or pressure tremie tube grouting or
cementing (sealing) methods.
"Deteriorated
well" shall mean a well or borehole that, because of its condition, will
cause, or is likely to cause, pollution of any water in this state, including
groundwater.
"De-watering
well" shall mean a well used to remove water from a construction site, or to relieve hydrostatic uplift on permanent structures.
"District"
shall mean the Fayette County Groundwater Conservation District.
"District
Act" shall mean the Act of the Legislature of the State of Texas, meeting
in Regular Session in 2001 as the 77th Legislature, said Act being
Chapter 302 of the General and Special Laws of the State of Texas, 77th
Legislature (2001), Regular Session, said Act being effective September 1, 2001,
said Act (Chapter 302) also being known as Texas House Bill 1081, as amended by
House Bill 535, 78th Legislature (2003, Regular Session, and the
non-conflicting provisions of Chapter 36, Water Code, as amended.
"District
office" shall mean the office of the District as established by resolution
of the Board.
“Domestic
use” shall mean the use of groundwater, from a well drilled, completed, or
equipped such that it is incapable of producing more than 25,000 gallons of
groundwater per day, as provided by §36.117(b)(1),
used only at and for a single-family household to support domestic activity.
Such use may include water for drinking, bathing, sanitation, washing, or
culinary purposes; for filling a pond and/or swimming pool which is entirely
lined with permanent (non-degradable) man-made materials which stop and prevent
leakage of water; for irrigation of single-family household lawns, or of a
family garden and/or orchard; and for watering of domestic animals.
Household lawns, family gardens, and/or orchards to be irrigated by a
“domestic use” well shall not exceed two contiguous acres in the aggregate.
Domestic use does not include water used to support activities for which
payment or other consideration is given or received or for which the product of
the activity is sold. Domestic use
does not include use by or for a public water system, use for any
commercial use or purpose or at any commercial establishment, or use at any
commercial establishment with a single-family household;
water use activities for which consideration is given or for
which the product is to be sold; filling or refilling ponds, depressions, lakes,
tanks, reservoirs or other confinements that have a capacity greater than 50,000
gallons; and non-closed loop well system geothermal heating/cooling systems.
“Earth Coupled
Heat Exchange” or “Closed
Loop System” shall mean a well system drilled and equipped for the
purpose of utilizing the subsurface as a source of energy and for heat exchange
in heating and cooling systems. These are sealed systems; no water is to be
produced or injected. (An exempt well).
“Emergency
conditions” shall mean any condition or activity which is causing a shortage
of available groundwater, including severe and sustained drought; below normal
recharge to the groundwater and/or aquifers in the District due to lack of
rainfall; or any condition or activity which causes a well or wells to go dry.
“Existing
and Historic Use Period” shall mean the period of time from
January 1, 1994
through the original effective date
of these Rules, being
January 1, 2004
.
“Existing
Use” shall mean production and beneficial use of groundwater from the aquifer
during the Existing and Historic Use Period.
“Existing
well” shall mean a well which was drilled or completed prior to the
District’s Rules original effective
date of
January 1,
2004
.
"Groundwater"
shall mean water located beneath the earth's surface within the District.
“Hand-dug
well” shall mean a well installed by hand digging or by hand auger drilling.
"Hearing
body" shall mean the Board, any committee of the Board, or a Hearing
Examiner at any hearing held under the authority of the District Act.
"Hearing
Examiner" shall mean a person appointed by the Board of Directors to
conduct a hearing or other proceeding.
“Historic
Use” shall mean production and beneficial use of groundwater from the aquifer
during the Existing and Historic Use period.
“Historic
Use Permit” shall mean a permit required by the District for the operation of
any non-exempt, existing water well or well system that produced groundwater
during the Existing and Historic Use Period.
"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
“Irrigation” shall mean the mechanical delivery of
water for crop production.
"Landowner" shall mean the person who bears ownership of the land
surface.
"Leachate well" shall mean a well used to remove contamination from
soil or groundwater.
“Livestock”
shall mean domesticated horses, cattle, goats, sheep, swine, poultry, ostriches,
emus, rheas, deer and antelope, and other similar animals involved in farming or
ranching operations on land recorded and taxed in the County as an agricultural
land use. Dogs, cats, birds, fish, reptiles, small mammals, potbellied pigs, and
other animals typically kept as pets are not considered livestock.
Livestock-type animals kept as pets or in a pet-like environment are not
considered livestock.
"Managed
available groundwater" shall mean the amount of water that may be permitted
by the District for beneficial use in accordance with the desired future
condition of the aquifer(s).
“Maximum Existing and Historic Use” shall mean the amount of
groundwater from the aquifer as determined by the District that, unless
proportionally adjusted, an applicant for a Existing and Historic Use Permit is
authorized to withdraw equal to the greater of the following, as may be
applicable:
1. for an applicant who has beneficial use during the Existing and
Historic Use Period for a full calendar year, the applicant’s actual maximum
beneficial use of groundwater from the aquifer excluding waste during any one
full calendar year of the Existing and Historic Use Period; or
2. for an applicant who has beneficial use during the Existing and
Historic Use Period, but, due to the applicant’s activities not having been
commenced and in operation for the full final calendar year of the Existing and
Historic Use Period, the applicant does not have beneficial use for a full
calendar year, the applicant’s extrapolated maximum beneficial use calculated
as follows: the amount of
groundwater that would normally have been placed to beneficial use without waste
by the applicant for the last full calendar year during the Existing and
Historic Use Period for the applied for purpose had the applicant’s activities
been commenced and in operation for the full final calendar year during the
Existing and Historic Use Period.
"Monitoring well" shall mean 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, unless the well is being monitored with
the permission of the well owner.
“Municipal use” shall mean the use of water for a public water system for residential,
commercial, or public and institutional uses, including the application of
potable water for irrigation of golf courses, parks and recreational uses; it
does not include water for industrial uses even when industrial users are
receiving potable water.
“New
well” shall mean a well which was drilled or completed or proposed to be
drilled after the District’s Rules originally took effect on January 1, 2004.
"New
well application" shall mean an application for a permit for a water well
that has not yet been drilled.
"Open
meeting law" shall mean Chapter 551, as amended, Texas Government Code.
"Open or uncovered well” shall mean an artificial excavation dug or
drilled for the purpose of exploring for or producing water from the
groundwater reservoir and which is not capped or covered as required by
this chapter [§36.118, Texas Water Code].
"Operating
Permit" shall mean a permit issued by the District for the production of
groundwater, usually by a water well, or by excavation, or by penetration into
an aquifer, allowing groundwater to be withdrawn for a designated period.
“Permit”
shall mean written authorization issued by the District for the production of
groundwater, usually by a water well, or by excavation, or by penetration into
an aquifer, allowing a specified amount of groundwater to be withdrawn for a
non-exempt specific use and a designated period.
See “Operating Permit”.
"Pitless
adapter" shall mean an assembly of parts which will permit water to pass
through the wall of the well casing or extension thereof; provides access to the
well and to the parts of the water system within the well; and provides for the
transportation of the water and the protection of the well and water therein,
from surface or near surface contamination. Parts or appurtenances to a pitless
well adapter include, but are not limited to, the vent, the device(s) on or in
the wall of the casing, and the cap or cover on top of the casing or casing
extension.
“Plugging” shall mean an
absolute sealing of the well bore.
“Pollution”
shall mean the alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water that renders the water harmful,
detrimental, or injurious to humans, animals, vegetation, or property, or to
public health, safety, or welfare, or impairs the usefulness or the public
enjoyment of the water for any or reasonable purpose.
"Public
Information Act" shall mean Chapter 552, as amended, 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" shall mean 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.
“Registered
well” shall mean a well for which the owner, driller, or operator has provided
location, usage, and drilling log and other information to the District on a
form provided by the District for that purpose.
“Replacement Well” shall
mean a well that is drilled to replace an existing well where (a) the existing
well that is being replaced is permanently closed, and (b) the replacement well
is drilled within 50 feet from the closed well.
"Rules"
shall mean the Rules of the District adopted
December
19, 2003
,
along with the amendments compiled in this document and as may be
supplemented or amended from time to time, as provided by the laws of the State
of
Texas
.
"Section"
shall mean the number section of a survey or block as shown in "Texas
Country Farm Plats," 1996 Edition, (Smith Publishing Co.).
“Sustainability” is defined
as balancing groundwater withdrawals with natural recharge and replenishment to
maintain long-term stability in the amount and quality of groundwater in the
aquifers underlying the District, and in regional or local groundwater supplies.
"Texas
Rules 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.
“Vanity pond” shall mean a pond used purely for aesthetic/landscape
purposes.
“Verification Period” means the period of time from
January 1, 2007
, to
January 1, 2009
, during which an Existing and Historic Use permittee
shall be required to meter and report to the District their groundwater
production and during which such users may amend their Historic Use Permit
applications.
"Waste"
shall mean Texas Water Code Chapter 36.001 (8) Definitions and Section 5 of these Rules.
"Water
meter" shall mean a water flow measuring device that can accurately record
the amount of groundwater produced during a measured time.
"Well" shall mean
any facility, device, or method, including excavation or other penetration into
an aquifer, used to withdraw groundwater from the groundwater supply within the
District, including a water well, test well, injection
well, dewatering well, monitoring well, piezometer well, observation
well, or recovery well.
“Well
operator” shall mean the person who operates a well or operates a water
distribution system supplied by a well.
"Well
owner" shall mean the person who owns the land upon which a well is located
or is to be located, or any person or other entity, public or private, that has
the right to produce groundwater from the land either by ownership, contract,
lease, easement or any other estate in the land or groundwater.
"Well
system" shall mean a well and distribution system or
group of wells connected or tied to the same distribution system.
"Withdraw"
shall mean extracting groundwater by pumping or by another method.
"Windmill"
shall mean 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, of Chapter 36,
Water Code, as amended, and Section 59 of Article XVI, Texas Constitution, and
to accomplish their purposes.
The Rules contained herein are the foundation for achieving the goals of
the District Act and Management Plan.
In
order for the District to achieve its purposes, goals and mission, and to strive
to assure long term availability of adequate, good quality groundwater,
compliance with District Rules by water well drillers and pump installers as
well as by District constituents is mandatory.
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.
In fulfilling the stated purpose
of these Rules, the board will endeavor to maintain the amount and quality of
groundwater in the aquifers in the district on a sustainable basis.
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, as amended.
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
1.
Documents shall be filed at the District either by hand delivery,
mail, or telephonic facsimile document transfer to the District Office. The
document shall be considered filed as of the date received by the District at
the District Office for a hand delivery; as of the date reflected by the
official United States Postal Service postmark if mailed; and, for telephonic
facsimile document transfers, as of the date on which the telephonic facsimile
document transfer is complete, except that any transfer complete and received at
the District Office after official District business hours will be deemed
complete and received on the following business day. If a person files a
document by facsimile, he or she must file a copy by mail within three (3)
calendar days.
2.
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 or authorized
representative’s last known address, or by telephonic facsimile document
transfer to the recipient's current facsimile 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 facsimile
document
transfer is complete upon transfer, except that any transfer occurring after official
District business hours will
be deemed complete and received on the following business day. If service or
delivery is by mail, and the recipient has the right, or is required, to do some
act within a prescribed time after service, three (3) calendar days
will be added to the prescribed period.
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, or the application
thereof to any person or circumstances is held to be invalid, the invalidity,
illegality, or unenforceability shall 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, and to
this end the provisions of these Rules are severable.
RULE 1.9 EFFECTIVE DATE
Except as otherwise specified,
all Rules contained herein are effective
January 1, 2004
and apply to
all water wells drilled, repaired, or altered within the District.
SECTION 2. BOARD
RULE 2.1 PURPOSE OF BOARD
The
District Board determines and carries out District policy and regulates the
withdrawal of groundwater within the boundaries of the District for the purposes
of conserving, preserving, protecting and recharging the groundwater within the
District, and for the purpose of preventing waste of 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 and of
Chapter 36, Water Code, as amended, and of Section 59, Article XVI, Texas
Constitution. 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 President, to preside
over Board meetings and proceedings; one to serve as Vice President to preside
in the absence of the President; and one to serve as Secretary to keep a true
and complete account of all meetings and proceedings of the Board. The Board may
make other appointments as allowed by Chapter 36, Water Code, as amended.
The Board may elect officers annually, but must elect officers at the
first meeting in January, after the newly elected or re-elected board members
are sworn in, following elections of Directors held in each even numbered year.
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 at least once each month as the Board may
establish from time to time by resolution.
At the request of the President, 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
President 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 President.
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.
SECTION 3. DISTRICT STAFF
RULE 3.1 GENERAL MANAGER
The
Board may employ a person to manage and conduct the duties, business, and
functions of the District, subject to orders, directions and control of the
Board. The title of this person is
general manager. 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.
RULE 3.2 STAFFING OF THE DISTRICT
The
General Manager, with approval of the Board, may employ all persons necessary
for the proper handling of business and operation of the District. The General
Manager shall recommend salaries for employees (other than his/her self), but
said salaries must be approved by the Board. The General Manager will review the
position of each staff member as necessary.
SECTION 4. DISTRICT
RULE 4.1
POWERS OF THE DISTRICT
The
District has the powers and authority conferred upon it by the District Act, by
Section 59, Article XVI, Texas Constitution, by Chapter 36, Water Code, as
amended, by other State law, rules and regulations, and by the District Rules,
including the authority to regulate the spacing of water wells and to regulate
the production of groundwater from the water wells.
RULE
4.2 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 may be levied pursuant to policies established by the
District, in accordance with the Open Records Act.
A list of the charges for copies will be furnished by the District.
RULE
4.3 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.
RULE
4.4 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 amendments to the plan or a new plan
necessary or desirable, after notice and public hearing, amendments to the plan
or a new plan will be adopted. A plan, or amended plan, once adopted, remains in
effect until the adoption of a new plan.
RULE
4.5 OFFICIAL COMMUNICATIONS
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 amendments to the plan or a new plan
necessary or desirable, after notice and public hearing, amendments to the plan
or a new plan will be adopted. A plan, or amended plan, once adopted, remains in
effect until the adoption of a new plan.
SECTION
5. WASTE AND BENEFICIAL USE
RULE
5.1 DEFINITION OF WASTE
“Waste”,
as defined in Chapter 36, Texas Water Code, as amended, means any one or more of
the following:
- Withdrawal
of groundwater from a groundwater bearing sand or strata or from a
groundwater reservoir at a rate and in an amount that causes or threatens to
cause intrusion into the groundwater or reservoir of water unsuitable for
agricultural, gardening, domestic or stock raising purposes;
- The
flowing or producing of wells from groundwater or a groundwater reservoir if
the water produced is not used for a beneficial purpose;
- Escape
of groundwater from a groundwater bearing sand or strata or from a
groundwater reservoir to any other reservoir or geologic strata that does
not contain groundwater;
- 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;
- 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 Texas Commission on Environmental Quality under
Chapter 26;
- 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
owner of the land receiving the discharge; or
- For
water produced from an artesian well, waste has the meaning assigned by
Section 11.205 Texas Water Code.
”Waste” also means the supply of groundwater to a
surface reservoir of any nature (stock tank, depression, lake, pond, vanity
pond, or other confinement) which has a capacity greater than 50,000 gallons.
This does not apply to temporary storage of water for irrigation
purposes.
RULE
5.2 WASTE PREVENTION
1.
Groundwater
shall not be produced within, or used within or outside the District, in such a
manner or under such conditions as to constitute waste as defined in Rule 5.1
hereof. Water
shall not be produced from an abandoned or deteriorated well.
2.
No
person shall pollute or harmfully alter the character of the underground water
reservoir of the District by means of salt water or of other deleterious matter
admitted from some other stratum or strata from the surface of the ground.
3.
No
person shall commit waste of groundwater as that term is defined in Chapter 36,
Water code, and in Section 5 of these Rules.
4.
Any
person producing or using underground water shall use every possible precaution,
in accordance with the best available or most approved methods, to stop and
prevent waste of such water.
5.
A
well identified as an abandoned or deteriorated well, or a borehole, must be
plugged, capped or re-completed in accordance with the requirements of the
District and of any statewide law, agency or political subdivision having
jurisdiction including, but not limited to, the Texas Water Well Drillers Act,
and the Texas Commission on Environmental Quality.
a.
The District may require a well to be capped to prevent waste,
prevent pollution, or prevent further deterioration of a well casing. The well
must remain capped until such time
as the conditions that led to the capping requirement are eliminated. If well
pump equipment is removed from a well and the well will be re-equipped at a
later date, the well must be capped, provided however that the casing is not in
a deteriorated condition that would permit co-mingling of water strata, in which
case the well must be plugged. The
cap must be capable of sustaining a weight of at least four hundred (400) pounds
and must be constructed with a water tight seal to prevent entrance of surface
pollutants into the well itself, either through the well bore or well casing.
b.
A deteriorated or abandoned well must be plugged in accordance
with the Texas Department of License and Regulation, Water Well Drillers and
Pump Installers Rules (16 TAC Chapter 76). It is the responsibility of the
landowner to see that such a well is plugged to prevent pollution of the
underground water and to prevent injury to persons and animals. Registration of
the well is required prior to, or in conjunction with, well plugging.
i.
When an open or uncovered, deteriorated, or abandoned well is
found by District personnel or brought to the District’s attention by a
constituent, a letter will be sent to the owner of the property upon which the
open or uncovered, deteriorated, or abandoned well exists, notifying the
property owner of his responsibility to cap or plug the well.
The property owner will also be provided with an information brochure on
the proper closing of abandoned wells.
ii.
The property owner will be notified in the letter that the
District may contribute up to 50% of the cost of the capping or plugging of the
open or uncovered, deteriorated, or abandoned well, not to exceed $300
contribution by the District per well, on a first come – first served basis,
as long as money remains in the budget for that purpose.
If the well owner plugs or caps his own well, he may be reimbursed up to
50% of his out of pocket expenses, not to exceed $300 contribution by the
District per well, on a first come – first served basis, as long as money
remains in the budget for that purpose, and provided he can supply sufficient
written evidence of payment of those expenses.
Lack of District funds does not
preclude the landowner’s responsibility, both under the State of Texas’
Water Well Drillers and Pump Installers Rules and the District’s Rules, to cap
or plug the open or uncovered, deteriorated, or abandoned well.
iii.
The property owner will be given one
hundred eighty (180) calendar days in which to comply.
The District Manager shall set up a calendaring system which will alert
the District when a follow-up is due. The
property owner will also be notified that he must file a Well Plugging Form with
the Texas Department of Licensing and Regulation within thirty (30) calendar
days after the well is plugged. A
copy of the completed form must also be sent to the District by the property
owner.
iv.
Once the property owner has notified the District that the
well has been closed (capped or plugged), the District may inspect that well
to insure compliance. District
personnel may inspect well closures on a random basis.
v.
Should the property owner fail to respond within the one
hundred eighty (180) calendar days, refuse to cap or plug the well, or
fail to submit the Well Plugging Form within one
hundred eighty (180) calendar days, the District Manager shall send a
letter notifying the well owner or operator that he is in violation of District
Rules and is therefore subject to a fine for each day the violation continues.
An invoice assessing the cumulative amount of the fine will be sent to
the well owner or operator. If the
fine is not paid and the well is not closed within thirty (30) calendar
days of receipt of the invoice, the District may instruct its attorney to bring
legal proceedings to cause the open or uncovered, deteriorated, or abandoned
well to be brought into compliance
with the District Rules, and to seek a judgment for the amount of the unpaid
fine, which would place a lien on the land on which the well is located.
The lien, if filed, will only be removed upon proper well closure and
payment of the assessed fine.
RULE
5.3 USE FOR A BENEFICIAL PURPOSE
Use
of groundwater in accordance with the rules of the District is for a beneficial
purpose if it is used for:
a)
Agricultural, gardening, domestic, stock raising, municipal, mining,
manufacturing, industrial, commercial, or recreational 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 and does not
meet the definition of waste as described in Rule 5.1.
SECTION 6. SPACING REQUIREMENTS
RULE 6.1 REQUIRED SPACING
When a water
well is pumped, water levels in the vicinity are drawn down in the shape of an inverted cone, with its apex at the pumped well.
Where intensive development has taken place in ground-water reservoirs,
each well superimposes its own individual cone of
depression on the cone of
neighboring wells. This results in the development of
a regional cone of depression.
When the cone of one well overlaps the cone of another, interference occurs and
an additional lowering of water levels occurs as the wells compete for water by
expanding their cones of depression. The amount or extent of
interference between cones of depression depends on the rate of
pumping from each well, the spacing between wells, and the hydraulic characteristics
of the groundwater or aquifer in which the wells are
completed.
Therefore, it is important to
set minimum spacing requirements between water wells, in order to prevent a well
on one tract from interfering with the production of a well on another property. The District
has defined the following spacing requirements, to assist the District in
managing the available groundwater and maintaining the desired future condition
of each of its aquifers.
1.
No new well may be drilled
within 50 feet (50’) from the
property line of any adjoining landowner. On
any new division of property, new property lines shall also be a minimum of
fifty feet (50’) from any existing wells, unless otherwise approved by the
District.
2. In addition to the spacing of
wells from adjoining property boundaries, well spacing (distance of one well
from other wells) is an important tool suggested by Chapter 36 to help in the
management and protection of the groundwater and aquifers from large and/or
concentrated water usage. Spacing requirements for permitted wells will be based
on the distance of the well from the adjoining property lines as well as from
other wells. Pending collection of
additional hydrogeologic and other scientific data,
spacing of new wells from an existing well shall be one foot per one
gallon per minute of production from the new well up to maximum of one thousand
(1000) gallons per minute. A new
well producing over one thousand (1000) gallons per minute will be spaced one
thousand (1000) feet plus one-half (1/2) foot per one gallon per minute of
production in excess of one thousand gallons per minute from an existing well.
RULE
6.2 EXCEPTIONS TO SPACING REQUIREMENTS
1. A landowner with property smaller than the
minimum five acre tract size may make application to the District for a waiver,
or exception, by following the procedures defined in Rule 6.3 for the proposed
well. The Board has the discretion to grant an exception to the
spacing requirements concerning 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 50 feet
from an adjoining property line, the issue of spacing requirements will be
considered during the permitting process. If the Board, after considering the
evidence presented, determines to grant a permit or an exception to drill a well
that does not meet the spacing requirements, the Board may limit the production
of the well to ensure no injury is done to the groundwater or aquifer.
3.
If
the Board grants an exception to the spacing requirements for a proposed new
well, that well must be completed in accordance and in compliance with the
standards of the Texas Water Well Drillers and Water Well Pump Installers Rules
(see 16 TAC 76.1000 Technical Requirements – Locations and Standards of
Completion of Wells).
4.
The Board may, if good cause is shown by clear and convincing evidence by
an applicant, enter special orders or add special permit conditions increasing
or decreasing spacing requirements.
RULE
6.3 MINIMUM TRACT SIZE
A well will not be allowed to be drilled on properties of
less than five (5) contiguous acres. The District will cooperate with Fayette
County officials to ensure that proposed new wells will be drilled in compliance
with current minimum tract sizes or other tract or lot requirements or
restrictions imposed by Fayette County.
Owners of properties smaller than five contiguous acres which were the
result of a subdivision prior to the date of the District Rules taking effect,
January 1st, 2004, and whose proposed well meets the definition of
“exempt” (see Rule 9.7), may apply for an exception to the District Rule
using a slightly simplified procedure than that which is described in Rule 15.4:
a waiver signed by each landowner whose property borders or adjoins that of the
applicant is not required. The
District will make every effort to work with the property owner(s) of properties
that were subdivided prior to
January 1, 2004
to either grant the exception or develop an alternative solution which would
not require an exception. The
General Manager has the authority to grant an exception under this rule for
properties which were the result of a subdivision prior to the date of the
District Rules taking effect,
January 1st, 2004
. All such exception activities
shall be reported to the Board by the General Manager at regular Board meetings.
A well that meets the definition of “exempt”
(see Rule 9.7) must be drilled within ninety (90) calendar days after the
exception is granted, or the exception will become null and void.
The property owner may request an extension, which the Board may grant if
the circumstances warrant such consideration.
Alternatively, the property owner may re-apply for an exception at a
later date.
SECTION 7. PRODUCTION LIMITATIONS
RULE
7.1 MAXIMUM ALLOWABLE PRODUCTION
1.
In order to accomplish the purposes of Texas Water Code Chapter
36, and achieve the stated purposes and goals of the District, including
managing the sustainability of the aquifers and preventing significant,
sustained water-level declines within the aquifers, the Board reserves the right
to establish any production limits necessary on new or existing permits.
2.
Maximum
allowable production of groundwater will be determined based upon the number of
contiguous acres in the property on which the well or well system is located,
and upon the distance of that well from the adjoining property line as well as
from other wells.
3.
The
total annual production for a permitted well will be determined by the distance
from the property line and other wells on the property in accordance with known
factors of groundwater and aquifer productivity, available hydrological data and
calculated recharge rates deemed appropriate for the groundwater resource.
Any and all production rates may be altered or adjusted by the Board
should a drought condition occur in the area or region.
4.
An
exception to the production limitations will be considered after ten (10)
calendar days’ 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. If all the land owners required to receive
notification by this Rule waive their right to object to the exception, the
exception may be granted, provided the application meets all other requirements
and provisions of these Rules.
5.
Excluding wells operated pursuant to a valid Existing and Historic
Use Permit, in no event may a well or well system be operated such that the
total annual production exceeds two acre-feet of water per contiguous acre owned
or operated, or for which a person can show ownership or possession of
groundwater rights, per year. Specific
production limitations will be set as a condition of the granted well operating
permit.
6.
A non-exempt well or well system
for which an Existing and Historic Use Permit has been issued shall be operated
such that the total annual production will not exceed the amount authorized
under the Existing and Historic Use Permit and any additional permits issued in
compliance with these Rules. Between the effective date of these rules and the
date that a final Existing and Historic Use Permit has been issued to a well
owner for an existing non-exempt well or well system, the well owner or operator
shall not withdraw during any calendar year an amount of groundwater greater
than the maximum amount produced in any one calendar year during the historic
period as shown in the application for the historic use permit.
SECTION
8. WATER WELL REGISTRATION
RULE
8.1 REGISTRATION OF WELLS
1.
Except for those types of wells listed in Subsection 8.1(3), all
wells within the District, whether exempt or non-exempt from permitting, are
required to be registered with the District on forms approved by the General
Manager.
2.
Registration of an existing, exempt well will provide the owner or
operator of the well with evidence that the well existed before the effective
date of these Rules for purposes of determining historical user status.
Registration of an existing, exempt well will also include the well in
the spacing protections provided by Section 6.
3.
The following types of wells are not required to be registered
with the District: leachate wells, extraction wells, injection wells, dewatering
wells, and wells used to supply water for
hydrocarbon production activities.
4.
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 form being filed with
the District, either in person, by mail, or by facsimile, as provided herein.
5.
It shall be unlawful for any person to act as, or to offer to
perform services as a well driller or pump installer without first obtaining a
license pursuant to the Texas Water Code, Chapters 32 and 33.
Only a licensed well driller or licensed pump installer may install,
service or alter a well within the boundaries of the
Fayette County Groundwater Conservation District
, unless a person drills or constructs a water well on his
property for his own use. All
persons drilling a well or having a well drilled, deepened, or altered shall
adhere to the provisions of Chapters 32 and 33 of the Texas Water Code, and 16
Texas Administrative Code, Chapter 76, prescribing the location of wells and
proper drilling, completion, capping, and plugging.
RULE
8.2 REGISTRATION OF EXISTING WELLS
All existing wells (groundwater wells drilled and completed
prior to
January 1, 2004
), except for those types of wells listed in Subsection 8.1 (3), must be
registered by the well owner or well operator.
Registration forms will be provided by the District and furnished to the
applicant upon request. The District
may offer a grace period in which existing wells can be registered without
requiring a well log deposit or any other fee.
The owner or operator of an existing well must be fully
compliant with all registration requirements and other applicable provisions of
these Rules by August 1, 2007. Failure
to register an existing well by August 1, 2007 will make the well ineligible for
Historic Use status under Section 9.12.
RULE
8.3 REGISTRATION OF NEW WELLS
All new wells,
except for those types of wells listed in Subsection 8.1 (3), must be registered by the well owner, well
operator, or water well driller. If
a new well meets spacing (Rule 6) and production (Rule 7) requirements and meets
the exclusions or exemptions provided in Rule 9.7, the registrant may begin
drilling immediately. A registration
form must be filed within fourteen (14) calendar days after the well is drilled.
For any other (non-exempt) wells, an application for a well permit must
be filed by the well owner, well operator, or water well driller prior to
drilling the well.
The driller of any water well within the District shall keep accurate
drillers' logs, and copies of drillers' logs shall be filed by the driller with
the District within thirty (30) calendar days after such drilling is
complete.
