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Protecting our most precious resource - Water |
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WELL REGISTRATION AND PERMITTING
The Fayette County Groundwater Conservation District requires that all wells be
registered. Why is the
District conducting this well inventory? State
law requires the District to collect information about the wells in its
jurisdiction. The District must
determine how much water is currently needed and being used by the people of Existing wells (those
constructed before All new wells must comply with,
or obtain a variance for, the
following rules:
To apply for an exception to the minimum tract size or minimum spacing requirements, contact the District office at (979) 968-3135 for forms and instructions, or visit the Forms page to download a copy.
Click to see the Policy Statement on granting exceptions to "grandfathered" properties Registration forms may be obtained from the District office located in the Fayette County Agricultural Building at 255 Svoboda Lane, Room 115 in La Grange, Texas, or visit the Forms page to download a copy.
1.
wells for “domestic
use”, and wells used to supply the domestic needs of 10 or fewer households if
each of the households is for the well owner, a person related to the well owner
within the second degree of consanguinity, or a full-time employee of the well
owner; 2.
wells for providing water
for livestock and poultry in connection with farming, ranching or dairy
enterprises conducted on the property where the well is located; 3.
a well drilled or
equipped such that it is incapable of producing more than 25,000 gallons of
groundwater per day; or 4.
wells used to supply
water for hydrocarbon production activities associated with any oil or gas well
permitted by the Railroad Commission of Texas.
“Domestic use” means 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, used
only at and for a single-family household to support domestic activity.
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 (1) use by or for a public water system, (2) use for any
commercial purpose or at any commercial establishment, or (3) use at any
commercial establishment with a single-family household. A well used solely for agricultural and/or domestic use that is capable of producing more than 25,000 gallons of groundwater per day may obtain an exempt status if the well owner signs an agreement stating that such well will not produce more than 25,000 gallons per day on any day.
Existing non-exempt wells must be registered with the District.
Permits are required for drilling and operating a well that does not meet
the definition of an “exempt” well. Additionally,
permits are required for transporting water out of the District.
Applications for permits will be scheduled for a public hearing, the
specifications and conduct of which are spelled out in the District Rules. If
the Board approves the application, drilling may commence. Maximum allowable production for wells that require a permit 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. Any improvement, alterations, or professional maintenance of a well or well
system requires that the well be re-registered within 14 calendar days, and may
require that the well be re-permitted.
1.
No person may drill, equip, complete, operate, alter the size of a
well or well system, or produce groundwater from a well or well system without
first obtaining a permit from the District as provided by statutory law and
these Rules, unless the well meets the definition of “exempt”
2.
Water Well Permits, called “Operating Permits” herein, are
issued to authorize the withdrawal of
a
specified amount of groundwater from a "non-exempt"
water well for a specific use and a designated period.
3.
Transport
Permits are issued to authorize the withdrawal of a specified amount of
groundwater from a water well for a specific use and a designated period for
transportation out of the District. Additional
requirements and conditions for Transport Permits are defined in Section 10 of
the
District Rules.
REGARDING
APPLICATIONS FOR EXCEPTIONS ADOPTED APRIL 5, 2004 REVISED SEPTEMBER 12, 2005
The
Board has made provisions within the District Rules for the granting of
exceptions, or variances, to certain requirements within the rules, such as the
minimum tract size, or distance from the closest property line.
The provisions require that an application for an exception be made to
the Board, and must be accompanied by a signed and notarized waiver from each
adjoining property owner, granting their permission for such an exception to be
granted. If the applicant provides waivers from all affected adjoining property
owners, the Board can grant the exception in any regular or special public Board
meeting, without notice or hearing except to the applicant. The
District Rules made no explicit provisions for properties smaller than five
contiguous acres which were the result of a subdivision prior to the date of the
rules taking effect, January 1st, 2004, or for those tracts of land
who, due to the peculiarities of the property shape or the local geology or
hydrology, may need to locate a well closer than the spacing requirements allow. The District will make every effort to work
with the property owner(s) to either grant the exception or develop an
alternative solution which would not require an exception.
In the instances of tracts less than 5 acres which existed prior to the
Rules taking effect, the Board provides the following simplified procedure: 1.
Any person, firm, corporation, association of persons, or other
entity desiring an exception to any Rule shall file a written application with
the District office stating 1) the
nature of the exception requested, 2) the justification for granting the
exception, and 3) any information that the applicant deems appropriate in
support of the application for an exception.
The
application process gives the Board the opportunity to notify the property owner
of the potential water difficulties he may encounter, and the potential for
placement of future water restrictions.
2.
All applications for exceptions shall be heard and considered by
the Board meeting in regular or special session, within ninety (90) calendar
days after submittal.
3.
As with all exceptions, the Board has the right to limit
production of the well to prevent or minimize injury to adjoining landowners or
the aquifer.
4.
The property owner is encouraged to participate in the
District’s voluntary water level monitoring program, so that any water
difficulties can be anticipated and possibly prevented. 5.
A replacement well, in order to be considered such, must be
drilled within 30 feet of the existing well and shall not be drilled nearer the
property line than is stated in the exception granted to the original existing
well.
6.
In addition, the board may, if good cause is shown by clear and
convincing evidence, enter special orders or add special conditions increasing
or decreasing the distance requirements or to prevent or minimize injury to
adjoining landowners or the aquifer.
7.
An exception is valid for ninety (90) days from the date the
exception is granted, or from the date of closing on the purchase of the
property, whichever is later. If
a well is not drilled on the property for which an exception was granted within
those 90 days, the property owner may request an extension.
The General Manager may, upon request, grant one ninety (90) day
extension. Once the extension
has expired, no further extensions may be given.
The property owner must then re-apply for an exception.
8.
For District purposes, a property across a road from the applicant
property should be considered to be “bordering” the applicant property.
9.
Exceptions will not be granted for properties which were
subdivided into less than 5 acres after the District Rules took effect.
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