REGULATORY INFORMATION

• Well Registration and Permitting

• Forms

• Fee Schedule

• Enforcement Policy & Fine Schedule

• Chapter 36, Texas Water Code

• Rule of Capture

Well Registration and Permitting

All wells, both new and existing must be registered with the District.  But some new wells, depending on proposed pumping capacity and usage, may require a permit prior to drilling.    Go to the Well Permitting and Registration page to find out whether you need a well permit, or simply need to register your well.   

Forms

These forms are in a Portable Document Format (PDF) format.  Get the FREE Adobe Acrobat Reader which allows you to view, download, navigate, and print PDF files at   


To view a form, click on the document name.   To download and print this document, right mouse click on the form name, then choose "Save Target As..." and save the file to your computer first.

To determine which form you need, please see the flowchart and explanations on the Well Registration and Permitting page.  

• Well Registration Form

• Application for a Well Permit

• Permit Application Checklist

• Application for a Well Permit Amendment

• Exempt  Well Agreement

• Application for Exception to a District Rule

• Water Use Report

• Open Records Request Form

• Notice to Purchaser

Fee Schedule

The 2008 Deposits and Fee Schedule, adopted by the Board of Directors on December 3, 2007 is as follows: 

Non-Refundable Administrative Fees  

Deposits (Refund Policy Below)

Per Section 11 of District Rules

Annual Production Fees  

Transportation Fees

Service Fees  

The Texas Buildings & Procurement Commission promulgates the charges for copies of open records (public information).  The following service fees are the most common charges.  (See http://www.oag.state.tx.us/opinopen/pia/  for other allowable charges.)

 Refund Policy:

Administrative Fee will be refunded if:

1. The Application is withdrawn by the applicant prior to scheduling of a hearing, or  
2. The Application is denied. 
3. A $25.00 processing fee will be withheld from any refunded Administrative Fee to   cover costs incurred by the district. 

Click here to download a printable copy of the 2008 Deposits and Fee Schedule.

Enforcement Policy & Fine Schedule

ADOPTED FEBRUARY 21, 2005


This Policy shall constitute the general procedures of the Fayette County Groundwater Conservation District (the “District”) in matters relating to enforcement of rules. This Policy does not restrict the District from taking any other actions ordered by the Board of Directors, nor does this policy create any procedural rights for any person inside or outside the District’s jurisdiction. It is the policy of the District to only file suit to enforce its rules as a last resort.

VIOLATION OF DISTRICT RULES

When it is discovered that one or more provisions or conditions of the District’s Rules have been violated, the General Manager shall bring these violations to the attention of the Board of Directors (the “Board”), along with all pertinent facts surrounding the violation. The General Manager shall recommend an appropriate settlement offer for consideration and action by the Board to settle the violation in lieu of litigation. The Board of Directors may instruct the General Manager to tender an offer on behalf of the District to settle the violation, or to institute a civil suit on behalf of the District in the appropriate court to seek civil penalties.

When a violation of a District Rule is discovered, the following steps, under the direction of the Board, shall be followed prior to any suit being filed, unless there is an immediate and imminent danger to public health or the environment. 

1. The General Manager shall send a letter notifying the well owner or operator that a District Rule(s) has been violated, and what must be done by the well owner or operator to bring the well into compliance. Any appropriate application or other form(s) and/or documents shall be sent along with the letter. The letter shall also indicate the District’s statutory authority to set reasonable civil penalties not to exceed $10,000 per day per violation, and that each day of a continuing violation constitutes a separate violation (§36.102, Texas Water Code). The letter will indicate that the Board prefers to settle the violation, initiating lawsuits as a last resort. The General Manager shall include a settlement agreement, whose terms have been agreed upon by the Board of Directors. If the well owner or operator wishes to settle the violation, he must sign the settlement agreement, enclose a check in the amount stated in the agreement, and return both no later than 30 days from the date of the letter.

2. If the letter is returned unopened, the General Manager may attempt to hand deliver the applications and/or obtain a proper address. If there is no response within 30 days, the General Manager shall send a second letter explaining the consequences of failing to respond, comply, and/or settle. If possible, the General Manager will also make a follow up phone call.

3. If there is still no satisfactory response within 30 days, the District’s General Counsel shall send a third letter indicating the need to file suit if the applications are not received by date certain. The letter may include a copy of the petition to be filed if the deadline is not met. The General Manager shall, at each regular meeting of the Board, inform the Board of any person who has received the third letter and not responded as of the Board meeting date. The Board may choose to authorize enforcement by filing a civil suit in the event the violator does not respond to the final letter.

4. If there is no response within 30 days, upon approval by the Board, the District’s General Counsel shall institute a civil suit on behalf of the District in the appropriate court to seek injunctive relief and civil penalties.

5. All mail relating to enforcement matters shall be sent both Certified, Return Receipt Requested, and regular U. S. Mail.

If an immediate and imminent danger exists such that the situation cannot afford the 72 hours notice required to call a special meeting of the Board, the Open Meetings Act does allow for 2 hours notice of an emergency meeting. Note, however, that the Open Meetings Act (§ 551.045, Government Code) limits an emergency meeting to the following: “An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety; or (2) a reasonably unforeseeable situation.” The District’s General Counsel may file suit for an appropriate injunction whenever a rule violation is discovered that is an imminent danger to public health or the environment, after having called an emergency meeting, with proper notice given. If a quorum cannot be present for an emergency meeting, then the District’s General Counsel may file suit only with prior authorization from the highest ranking Board official available at the time.

The District has the discretion to increase the settlement offer amount based on the number of violations or the severity of the violations. 

The alleged violator may appear before the Board with extenuating circumstances or to make a counter-offer. The Board has the discretion to accept a counter-offer or otherwise modify the settlement offer amount.


VIOLATION GUIDELINES


I. Level One Violations

    B. The following acts shall constitute minor (Level One) violations:

        1. Overpumping of the permitted amount by less than 10% of the permitted amount. 
        2. Refusing access to wells or well equipment or blocking access to well or well            equipment.
        3. Failure to file a well registration on a well that has a valid permit or is exempt from permitting.
        4. Failure to submit annual Groundwater Production report within the required period
        5. Failure to submit required documentation reflecting alterations or increased production
        6. Failure to obtain an exception to a District rule concerning minimum tract size and/or distance from a property line prior to drilling a well

    C. Penalties for Level One violations are:

        First Violation: $50.00
        Second Violation: $100.00
        Third Violation: Major Violation

    D. A second violation shall be any violation within 7 years of the first violation of the same level. A third violation shall be any violation following the second violation within 7 years of the first violation.

    E. All violations for pumping any amount of groundwater in excess of the permitted amount, but less than 110% of the permitted amount, will result in the stated penalty plus an amount equal to the permit, production, or transport fees applied to the excess pumpage at the current applicable fee rate.


II. Level Two Violations

    A. The following acts shall constitute major (Level Two) violations:

        1. Overpumping of the permitted amount by 10% or more.
        2. Failure to obtain a permit (including failure to renew a permit and failure to obtain a permit prior to drilling a well).
        3. Failure to meter a well when required.
        4. Failure to meet requirements of permit special provisions regarding reductions.
        5. Failure to file a well registration on a well that is not permitted and requires a permit.
        6. Falsification of records provided to the District
        7. Performing services as a Driller without a current License issued by the Texas Department of Licensing and Regulation
        8. Performing services as a Pump Installer without a current License issued by the Texas Department of Licensing and Regulation
        9. Failure to plug or cap an abandoned or deteriorated well within required period
        10. Use of groundwater for purposes other than indicated on the permit.

    B. Penalties for Level Two violations are:

        First Violation: $250.00
        Second Violation: $500.00
        Third Violation: Civil Suit for injunction or damages, Including court costs



III. Water Well Construction and Completion requirements

Penalties assessed for the rules violations identified in this category will be charged to the well driller.

1. Failure to utilize approved construction materials $250 + remediation

2. Failure to properly cement annular space $500 + remediation

3. Failure to complete wellhead concrete slab within 
4. 10 days of departure of the drilling rig from the wellsite $100/day

5. Failure to file documentation with District within 
required period $100


IV. Adverse Impact

1. Use of groundwater that constitutes waste $500/day + remediation

2. Use of groundwater that causes adverse impact $500/day + remediation
on neighboring wells


V. Other Violations

Penalties for violations of any District Rule that is not explicitly described herein will be assessed at the discretion of the Board of Directors. 

Statutory Authority:
§ 36.102. Enforcement of Rules

(a) A district may enforce this chapter and its rules by injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction.

(b) The board by rule may set reasonable civil penalties for breach of any rule of the district not to exceed $10,000 per day per violation, and each day of a continuing violation constitutes a separate violation.

(c) A penalty under this section is in addition to any other penalty provided by the law of this state and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the district's principal office or meeting place is located.

(d) If the district prevails in any suit to enforce its rules, the district may seek and the court shall grant, in the same action, recovery for attorney's fees, costs for expert witnesses, and other costs incurred by the district before the court. The amount of the attorney's fees shall be fixed by the court.

Click here to download a printable copy of the Enforcement Policy.

Chapter 36 Texas Water Code

Chapter 36 of the Texas Water Code codifies the rights, powers, privileges, authority, functions, and duties under which groundwater districts operate.   It states that "Groundwater conservation districts created as provided by this chapter are the state's preferred method of groundwater management through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter. "

The entire contents of Chapter 36 can be viewed at the State of Texas' website under Texas Statutes.

Rule of Capture

In Texas, water rights depend on the location of water in the hydrological cycle, the flow of water from rainfall to collection within the earth. Despite the connection between surface water and groundwater, the state has developed two different management systems.

Surface water in lakes and streams is owned publicly (the State of Texas), and the use of such water is subject to permission by the Texas Commission on Environmental Quality (TCEQ).  Groundwater, on the other hand, is owned privately and controlled by the owner of the overlying land.

Texas may be the only remaining state to apply the rule of capture to groundwater. Essentially, the rule of capture means thatTexas landowners can pump unlimited quantities of water from beneath their land, without liability for harm to surrounding landowner wells.

The rule of capture originated with English common law and was applied first to the ownership of wild animals, providing that a person does not capture an animal until it is reduced to possession. The rule eventually was applied to oil and gas, minerals, and groundwater under the rationale that technology cannot locate these natural resources beneath the earth as it can locate surface water. Consequently, common law dictated that a landowner could use all the oil and gas, minerals, or groundwater that could be captured beneath the landowner’s land and reduced to possession.

In 1904, the Texas Supreme Court adopted the rule of capture in Houston & T.C. Ry. Co. v. East, 81 S.W. 279 (Tex. 1904), allowing a landowner to pump as much groundwater as the landowner chooses, without liability to neighbors who might claim that pumping has depleted their wells. In East, the court explicitly rejected the "reasonable use" doctrine, which limits the use of water to the reasonable amount for the land from which it is produced. Under this doctrine, groundwater may be used without waste on overlying land. If used on non-overlying land, that use may not interfere unreasonably with use by other overlying landowners. 

Ever since the rule of capture was adopted, concern over unsustainable water demands has increased, prompting Texas lawmakers to enact measures to curtail unchecked pumping of groundwater. In 1949, the Legislature first exercised its constitutional authority by creating a petition process for designating groundwater management areas and by authorizing the creation of conservation districts to conserve and protect groundwater resources.   The ability to pump unlimited amounts of groundwater is restricted inside districts, whether by traditional permitting, production limits, and well spacing requirements or by the implementation of a special statutory permit system, such as that of the Edwards Aquifer Authority.

[Excerpts from Managing Groundwater For Texas Future Growth, by House Research Organization, Texas House of Representatives, March 23, 2000]