Home : Rules 3.24.08
RULES
OF THE BREWSTER COUNTY
GROUNDWATER CONSERVATION
DISTRICT
ADOPTED: August 12, 2002
AMENDED: March 16, 2005
PREFACE
In accordance with Section 59, Article XVI of the Texas Constitution, House Bill 787, 77th Session of the Texas Legislature, and Chapter 36 of the Texas Water Code, after public notice and hearing, the following rules have been ratified and adopted as the rules and operating procedures of the Brewster County Groundwater Conservation District by its Board of Directors. Each Rule has been in effect since the date of its passage and will remain in effect until amended or repealed. The Rules have been adopted to simplify procedures, to avoid delays and misunderstandings, and to facilitate the administration of the water laws of the State of Texas within the District. These rules are intended to be used as guidelines by the landowners and residents in the District and by the Board in the exercise of discretion by the Board.
Table of Contents
SECTION 1. DEFINITIONS AND CONCEPTS
RULE 1.1 DEFINITIONS OF TERMS:
RULE 1.2 PURPOSE OF RULES
RULE 1.3 USE AND EFFECT OF RULES
RULE 1.4 AMENDING OF RULES
RULE 1.5 HEADINGS AND CAPTIONS
RULE 1.6 CONSTRUCTION
RULE 1.7 METHODS OF SERVICE UNDER THE RULES
RULE 1.8 SEVERABILITY
RULE 1.9 EQUITABLE TREATMENT
SECTION 2. BOARD
RULE 2.1 PURPOSE OF BOARD
RULE 2.2 BOARD STRUCTURE, OFFICERS
RULE 2.3 MEETINGS
RULE 2.4 COMMITTEES
RULE 2.5 APPLICABILITY OF ROBERT’S RULES OF ORDER
RULE 2.6 EX PARTE COMMUNICATIONS
RULE 2.7 FINANCING OF DISTRICT OPERATIONS
SECTION 3. DISTRICT
RULE 3.1 GENERAL MANAGER
RULE 3.2 MINUTES AND RECORDS
SECTION 4. WELL SPACING
RULE 4.1 REQUIREMENTS
RULE 4.2 EXCEPTIONS
SECTION 5. PRODUCTION LIMITATIONS AND FEES
RULE 5.1 PRODUCTION LIMITS
RULE 5.2 PETITION TO LIMIT PRODUCTION
RULE 5.3 AGREEMENTS TO LIMIT PRODUCTION
RULE 5.4 RULES TO LIMIT PRODUCTION
RULE 5.5 LIMITATIONS
RULE 5.6 FEES
SECTION 6. TRANSFER OF GROUNDWATER OUT OF THE DISTRICT
RULE 6.1 TRANSFER PERMIT
RULE 6.2 APPLICABILITY
RULE 6.3 PERMIT APPLICATION
RULE 6.4 HEARING AND PERMIT ISSUANCE
RULE 6.5 PERMIT FEES
RULE 6.6 DURATION OF PERMIT
RULE 6.7 CONSTRUCTION OF EXPORT FACILITIES
RULE 6.8 EQUAL TREATMENT OF WELLS
SECTION 7. PERMIT FEES
RULE 7.1 DEPOSITS
SECTION 8. PERMITS
RULE 8.1 POLICIES AND PROCEDURES
RULE 8.2 OPERATING PERMIT PROVISIONS
RULE 8.3 EXCLUSIONS AND EXEMPTIONS
SECTION 9. REWORKING, REPLACING A WELL
RULE 9.1 PROCEDURES
SECTION 10.WASTE AND BENEFICIAL USE
RULE 10.1 DEFINITION OF WASTE
RULE 10.2 WASTE PREVENTION
RULE 10.3 USE FOR A BENEFICIAL PURPOSE
SECTION 11. ABANDONED WELLS
RULE 11.1 PROCEDURES
SECTION 12. HEARINGS,NOTICE AND ENFORCEMENT
RULE 12.1 CONDUCT OF HEARINGS
RULE 12.2 CONCLUSION AND REPORT OF HEARINGS
RULE 12.3 FINAL DECISION AND APPEAL
RULE 12.4 NOTICE AND ACCESS TO PROPERTY
RULE 12.5 ENFORCEMENT
BREWSTER COUNTRY GROUNDWATER
CONSERVATION DISTRICT RULES
The Brewster County Groundwater Conservation District adopts the following definitions:
“Abandoned Well” means
(1) a well or borehole that is not being used for the production of water and which is likely to cause pollution of groundwater. A well is considered to be in use and not abandoned if:
(b) it is a water well in good condition which contains casing, pump, and pump column in good condition, or
(c) it is a well in good condition that has been capped.
(2) a water well or borehole that is not in compliance with Texas law, the District Rules, the Texas Water Well Driller’s Act, or the rules of the Texas Natural Resource Conservation Commission or of the Texas Water Development Board.
“Acre-foot” means the volume of water necessary to cover one acre of land to a depth of one foot (325,851 gallons).
“Aquifer” means a specific subsurface water-bearing reservoir or series or system of reservoirs containing groundwater, whether or not connected, having ascertainable
boundaries.
“Beneficial Purpose” means agricultural, gardening, domestic, stock raising, wildlife, municipal, mining, manufacturing, industrial, commercial, or recreational purposes; exploring for, producing, handling, or treating oil, gas, sulphur, or other minerals; or any other purpose that is useful and beneficial to the user.
“Board” means the Board of Directors of the District.
“County” means Brewster County, Texas.
“District” means the Brewster County Groundwater Conservation District.
“District Act” means House Bill 787 of the 77th Session of the Texas Legislature.
“District Office” means the office of the District as established by the Board.
“Domestic” means a well producing water exclusively used by an individual or a household for drinking, washing, or culinary purposes; irrigation of lawns, a family garden or orchard; watering domestic animals; and water recreation; for which no monetary consideration is given or received.
“Drilling permit” means a permit for a water well issued or to be issued by the District allowing a water well to be drilled within the District.
“Exempt well” means any well used solely for Domestic/Residential uses or for providing water for livestock and wildlife or poultry on a tract of land larger than ten (10) acres if the well is drilled, completed, or equipped so that it is incapable of producing more than 25,000 gallons of groundwater a day.
“Export Permit” means an authorization issued by the District allowing the transfer or transportation of groundwater out of the District.
“Groundwater” means water percolating below the surface of the earth within the District.
“Hearing” means any public proceeding conducted by the Board relating to a permit, application, amendment to these Rules or the District Management Plan, or any other proposed action of the Board.
“Hearing Body” means the Board, any committee of the Board, or a Hearing Examiner at any hearing held under the authority of the Rules, the District Act, or Chapter 36 of the Water Code.
“Hearing Examiner” means a person appointed by the Board of Directors to conduct a hearing or other proceeding. A Hearing Examiner must be a licensed attorney.
“Hearing Rules” means the civil procedure and evidence rules for district courts in Texas as amended and in effect at the time.
“Geothermal well”means a well used to circulate water or other fluids through the earth as a heat source or heat sink.
“Landowner” means the person who owns the surface of the land. (return to contents)
“Mailing address” means such mailing address of the District as may be set by the Board from time to time, and which is, at the time of the adoption of the Rules, P. O. Box 465, Alpine, Texas 79831.
“Management Plan” means the Management Plan of the District referred to in Section 7 of these Rules and as may be supplemented or amended from time to time.“Monitoring well” means a well utilized to measure some property of the groundwater or aquifer it penetrates.
“Open Meetings Act” means Chapter 551, Texas Government Code.
“Operating Permit” means a permit issued by the District for a water well, allowing groundwater to be withdrawn from a water well for a designated period.
“Person” includes an individual, corporation, limited liability company, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.
“Presiding Officer” means the Chairman, Vice-Chairman, Secretary, or other member of the Board presiding at any hearing or other proceeding of the District, or a Hearing Examiner conducting any hearing or other proceeding.
“Pollution” means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the District, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness of the water for lawful or reasonable purpose
“Public Information Act” means Chapter 552, Texas Government Code.
“Rules” means the rules of the District compiled in this document and as may be supplemented or amended from time to time.
“Static level” means the level at which water stands in a well that is not being pumped.
“Surface Water” means water within the District in the Rio Grande and in creeks and impoundments from rains, runoff from rains, and springs.
“Sustainability” means the withdrawal of groundwater from an aquifer at a rate that is equal to or less than the estimated recharge from all sources of recharge, natural and artificial.
“Waste” means:
(A) withdrawal of groundwater from a groundwater reservoir at a rate and in an amount that causes or threatens to cause intrusion into the reservoir of water unsuitable for agricultural, gardening, domestic, or stock raising purposes;
(B) the flowing or producing of wells from a groundwater reservoir if the water produced is not used for a beneficial purpose;
(C) escape of groundwater from a groundwater reservoir to any other groundwater reservoir or geologic strata that does not contain groundwater;
D) 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;
(E) wilfully or negligently causing, suffering, or allowing groundwater to escape into any river, creek, natural watercourse, depression, lake, reservoir, drain, sewer, street, highway, road, or road 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 Natural Resource Conservation Commission under Chapter 26;
(F) 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 occupant of the land receiving the discharge; or
(G) for water produced from an artesian well, “waste” has the meaning assigned by Section 11.205.
bmeans the Texas Water Code. (return to contents)
“Water meter” means a water flow measuring device that can accurately record the amount of groundwater produced during a measured time.
“Well” means any facility, device, or method used to withdraw groundwater from an aquifer within the District.
“Well Operator” means the person who operates a well or a water distribution system supplied by a well.
“Well Owner” means the person who owns the land upon which a well is located or is to be located
“Well System” means a group of wells tied to the same distribution system.
“Withdraw” means extracting groundwater by pumping or by another method.
RULE 1.2 PURPOSE OF RULES
The Rules are adopted to (1) accomplish the mission and goals of the District as stated in theDistrict’s Management Plan, (2) to implement the Management Plan, and (3) to provide guidance to landowners and to well owners and operators regarding how the groundwater resources of the County will be managed by the District in cooperation with landowners and well owners and operators. The Board will review the Management Plan as often as it deems necessary and at least every five years. A plan, once adopted, remains in effect until the adoption of a new plan.
RULE 1.3 USE AND EFFECT OF RULES
The District uses the Rules as guides in the exercise of the powers conferred by law and in the accomplishment of the purposes of the District Act. They will not be construed as a limitation or restriction on the exercise of any discretion; nor will they be construed to deprive the District or the Board of any powers, duties, or jurisdiction conferred by law; nor will they be construed to limit or restrict the amount and character of data or information that may be required to be collected for the proper administration of the District Act. The Rules will be liberally construed in order to allow the District to perform its duties with flexibility and fairness.
RULE 1.4 AMENDING OF RULES
The Board may, following a hearing, amend the Rules or adopt new rules from time to timeand at any time. Notice, for purpose of amending the Rules, shall be by publication in a newspaper of general circulation in Brewster County describing in general the proposed Rule change or changes, listing the locations where the proposed changes may be examined, and setting forth the manner for public comment and the time and date of the meeting of the Board at which adoption of the proposed changes and the public comments received will be considered.
RULE 1.5 HEADINGS AND CAPTIONS
The captions in the Rules are for convenience or reference only and shall not define, limit, or qualify the provisions of the Rules. (return to contents)
RULE 1.6 METHODS OF SERVICE UNDER THE RULES
Except as otherwise expressly provided in the Rules, any notice or documents required by the Rules to be served or delivered may be delivered to the recipient, or the recipient’s authorizedrepresentative, in person, by agent, by courier receipted delivery, by certified mail sent to the recipient’s last known address, or by telephonic document transfer to the recipient’s current telecopier 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 document transfer is complete upon transfer, except that any transfer occurring after 5:00 p.m. will be deemed complete 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 days will be added to the prescribed period. Where service by one of more methods has been attempted and failed, the service is complete upon publication of the notice in a newspaper of general circulation in the County.
RULE 1.7 SEVERABILITY
If any one or more of the provisions contained in the Rules are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other Rule or provisions of a Rule, and the Rules will be construed as if such invalid, illegal, or unenforceable rules or provision had never been contained in the Rules.
RULE 1.8 EQUITABLE TREATMENT
The District shall treat landowners, well owners, and well operators equally, including, without limitation, landowners, well owners, and well operators who are residents of the District and those who are not residents of the District. Landowners, well owners, and well operators may apply to the District for discretion in the enforcement of the Rules on the grounds of adverse economic effects or unique local conditions. In exercising discretion or granting a waiver of any Rule, the Board shall consider the potential for adverse affects on adjacent landowners. The exercise of discretion by the Board shall not be construed as limiting the power of the Board.
RULE 2.1 PURPOSE OF BOARD (return to contents)
The Board was created to manage, protect, and conserve the groundwater resources of Brewster County, Texas, while protecting private property rights and promoting constructive and sustainable development in Brewster County. To accomplish that mission, it will determine policy and may regulate the withdrawal of groundwater within the boundaries of the District. It will exercise its rights, powers, and duties in a way that will effectively and expeditiously accomplish the purposes of the District Act. 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 appointed and qualified as required by the District Act. The Board will elect one of its members to serve as Chairman, to preside over Board meetings and proceedings; one to serve as Vice Chairman to preside in the absence of the Chairman, and one to serve as Secretary/Treasurer to keep a true and complete account of all meetings and proceedings of the Board and to account for the expenditure of the funds of the District. The Board will elect officers at its first meeting after the members have been qualified and annually at the first meeting in each calendar year after that, and at the first meeting after any vacancy occurs in the officers. Members and officers of the Board serve until their successors are appointed and sworn in accordance with the District Act and the Rules.
RULE 2.3 MEETINGS
The Board will hold a regular meeting at least once each quarter as the Board may establish from time to time by resolution. At the request of the Chairman, or by written request of at least three members, the Board may hold special meetings. All Board meetings will be held in accordance with the Texas Open Meetings Act.
RULE 2.4 COMMITTEES
With the advice and consent of the Board, the Chairman may establish committees for formulation of policy recommendations to the Board, and the Chairman will appoint the chair and membership of the committees. Committee members serve at the pleasure of the Board. Committee members may include people who are not members of the Board if their expertise would help the Board, but all committees must consist of a majority of members of the Board.
RULE 2.5 APPLICABILITY OF ROBERT’S RULES OF ORDER
Except as otherwise provided in these Bylaws, meetings of the Board and hearings conducted by the Board shall be conducted under the provisions of Robert’s Rules of Order. However, failure to follow Robert’s Rules of Order because of an incorrect ruling by the Chair, made in good faith, shall not constitute grounds for appeal of or objection to an action of the Board.
RULE 2.6 EX PARTE COMMUNICATIONS
Board members’ communications with each other must meet all requirements of the Open Meetings Act.
RULE 2.7 FINANCING OF DISTRICT OPERATIONS
Annually, prior to the initial budget workshop of the Commissioners Court of Brewster County, the Board will establish a budget for its operations in the coming year. No ad valorem taxes will be a part of the District’s budget, except that the contribution of Brewster County will be funded in any manner the Brewster County Commissioners Court may determine.
RULE 3.1 GENERAL MANAGER (return to contents)
The Board may employ a General Manager. The General Manager will have no power, duty, or responsibility to bind the Board. The General Manager will be in charge of the day-to-day operations of the District, gathering information and performing such District functions as may be assigned by the Board. The Board will determine the salary and review the position of General Manager each year prior to the beginning of the next fiscal year. The General Manager, with approval of the Board, may employ all persons necessary for the proper handling of business and operation of the District and their salaries will be set by the Board. If no General Manager has been employed by the Board, the Presiding Officer will perform the duties of General Manager.
RULE 3.2 MINUTES AND RECORDS OF THE DISTRICT
All documents, reports, records, and minutes of the District will be available for public inspection and copying at the District Office in accordance with the Texas Public Information Act. Upon the written request of any person, the District will furnish copies of its public records. A copying charge may be imposed pursuant to policies established by the District from time to time; in the absence of a policy or fee structure for copying, the District will charge those fees authorized or recommended by the Public Information Division of the Texas Building and Procurement Commission or its successor in administering the Texas Public Information Act.
RULE 4.1 REQUIRED SPACING (return to contents)
4.1.1. A new well that is drilled and equipped to be an exempt well may not be drilled within fifty (50') feet from the property line of any adjoining landowner.
4.1.2. A new well that is drilled and equipped to be a non-exempt well may not be drilled within one hundred (100') feet from the property line of any adjoining landowner.
RULE 4.2 EXCEPTIONS TO SPACING REQUIREMENTS
4.2.1 If the applicant presents waivers signed by the adjoining landowner or landowners whose property line (or lines) is closer to the proposed well than required by Rule 4.1.1 and 4.1.2, stating that they have no objection to the proposed location of the well site, the spacing requirements will not apply to the new proposed well location.
4.2.2. If the topography reasonably prohibits a landowner from drilling a new well in compliance with the spacing requirements of this Section 4, and if the only feasible location for a well is closer to the property line or to an existing well than would be required by Rules 4.1.1. and 4.1.2., the requirements of this Section 4 will not apply.
4.2.3. If the applicant for a drilling permit is reentering an existing well to deepen or rework it, the spacing requirements of this Rule will not apply, and the Board will grant the permit.
4.2.4. Providing an applicant can show good cause why a new well should be allowed to be drilled closer than the required spacing, the issue of spacing requirements will be considered during a contested proceeding. In the event of a contested proceeding, all adjoining landowners and all well owners or well operators within one-quarter (¼) mile of the proposed well will be afforded the opportunity to participate and may be represented by counsel.
4.2.5. Existing wells are not subject to the spacing requirements of this Section 4.
4.2.6. The Board may grant exceptions to permit drilling within shorter distances than described in this Section 4 when the Board shall determine that such exceptions are necessary either to protect private property rights, prevent waste, or to prevent confiscation of property.
RULE 5.1 MAXIMUM ALLOWABLE PRODUCTION (return to contents)
Because the District’s goal is the long-term sustainability of the aquifers within the District,in order to minimize, as far as practicable, the draw-down of the water table or the reduction of artesian pressure, to control subsidence, to prevent interference between wells, to prevent degradation of water quality, or to prevent waste, and in order to protect the aquifers in the District, no person may produce more than 163,000 gallons of water (or approximately ½ acre-foot) per year per acre of land owned by that person (or per acre of land from which that person owns the right to produce water). Nevertheless, any person producing water for Domestic purposes or to provide water for livestock and wildlife or poultry who owns less than four acres may produce 653,000 gallons of water (or approximately two acre-feet) per year without being in violation of this production limitation. In calculating the acreage that will be used to determine maximum allowable production, if a well supplies water to more than one landowner, the acreage owned by all landowners being supplied by that well will be used if those landowners rely on the common well for all of their groundwater supplies.RULE 5.2 PETITION TO LIMIT PRODUCTION
5.2.1. In accordance with the District’s goal of the long-term sustainability of the aquifers within the District, at least four landowners owning land over a common aquifer within the District (whether in whole or in part) (“the Petitioners”) may petition the District to request a review by the District of the relevant operating permits because of petitioners’ allegations that production from one or more wells owned by the same person or by related persons and being used for the same or similar purposes (other than Domestic use or providing water for livestock and wildlife or poultry) is causing a draw-down of the water table within the common aquifer, a reduction of artesian pressure, subsidence, interference between wells, a degradation of water quality, or waste.
5.2.2. The Petitioners will have the burden of proving that the wells of which they have complained are causing a draw-down of the water table within the common aquifer, a reduction of artesian pressure, subsidence, interference between wells, a degradation of water quality, or waste. Petitioners shall introduce (1) evidence of historical use in accordance with Section 36.116(b) of the Water Code and
(2) hydrological evidence and
(3) the opinions of experts supporting their petition.
If the Petitioners fail to introduce evidence of historical use and hydrological evidence and the opinions of experts, the District shall reject the petition with prejudice against its being re-filed by the same Petitioners unless the Petitioners can demonstrate that conditions have changed and that they had good cause for failing to introduce evidence in connection with the prior petition.
5.2.3. In addition to the expert opinions and evidence offered by the Petitioners and by the owner or owners of the wells about which the Petitioners have complained, the District may retain its own experts if the District reasonably doubts the impartiality or scientific justification of the experts and opinions offered. The District shall consider and weigh all expert testimony and evidence.
5.2.4. In addition to historical and hydrological evidence, the District shall consider the economic impact of imposing production limits, as well as the economic and environmental impacts of not imposing limits if the Districts determines that the wells of which the Petitioners have complained are causing a draw-down of the water table, a reduction of artesian pressure, subsidence, interference between wells, a degradation of water quality, or waste.
5.2.5. If, after notice and hearing, the District determines that the production of which the Petitioners have complained is causing a draw-down of the water table, a reduction of artesian pressure, subsidence, interference between wells, a degradation of water quality, or waste, the District may change the operating permit or permits for the wells causing the draw-down of the water table, the reduction of artesian pressure, subsidence, interference between wells, the degradation of water quality, or waste in accordance with Section 36.116(a)(2)(A) of the Water Code by setting production limits. Any limits on production that may be set in accordance with this Rule 5.2 may also be incorporated into the operating permits for the wells of Petitioners and any other landowners in the same area that are drawing from the same horizons and shall apply to production from the wells of the Petitioners and the other landowners whose permits may have been changed, as well as to production from the wells complained of. No limits that may be set in accordance with this Rule 5.2 will be more than are reasonably necessary to achieve the goal of long-term sustainability of the aquifer or aquifers affected.
RULE 5.3 AGREEMENT TO LIMIT PRODUCTION (return to contents)
Landowners of contiguous tracts within the District aggregating at least 20,000 acres may, by contract,:
(1) limit production from their wells,
(2) impose production limits more stringent than those imposed by Rules 5.1 or 5.2, and
(3) allocate between wells and between landowners the production of groundwater that might be allowed under Rule 5.1 or Rule 5.2 from all wells in the area subject to the contract.
The contract may, as between the contracting landowners, recognize the doctrine of correlative rights and prohibit the so-called Rule of Capture as a defense against damages from overproduction. If the contract is filed with the District, and if the contracting landowners request a review of their operating permits, the District, after giving notice to all adjoining landowners who are not parties to the contract, may hold a hearing on the requested modification of the relevant operating permits. The contracting landowners shall introduce:
(1) evidence of historical use in accordance with Section 36.116(b) of the Water Code
(2) hydrological evidence and
(3)the opinions of experts supporting their contract.
If any adjoining landowner protests the proposed modification of the operating permits, each protesting landowner may introduce similar evidence to refute the evidence of the contracting landowners. If the evidence establishes that the contract will adequately protect the long-term sustainability of the aquifers within the District, the District may incorporate the contract into the operating permits of the contracting landowners, and the District may not impose other production limits under Rule 5.2. The notice contemplated by this rule shall be sent by U.S. Mail to each adjoining landowner who has a well registered with the District at the address given in the well registration form. Notice will also be published in a newspaper of general circulation in Brewster County at least four weeks prior to the date of the proposed hearing on the operating permits.
RULE 5.4 RULES FOR PRODUCTION LIMITATION
The District may limit production by amending these Rules instead of by modifying operating permits if it appears, from the evidence produced, that the draw-down of the water table within the common aquifer, the reduction of artesian pressure, subsidence, interference between wells, a degradation of water quality, or waste will occur in an ascertainable geographic area. The area for which production limits may be imposed under this Rule 6.4 shall be defined with specificity, and all landowners within the area shall be notified of the new rule limiting production.
RULE 5.5 LIMITATIONS ON PRODUCTION LIMITS
Any limitations on production, whether established by permit modification under Rule 5.2 or by the adoption of a new rule under Rule 5.4, shall be no more than shall be necessary to prevent the draw-down of the water table within the common aquifer, the reduction of artesian pressure, subsidence, interference between wells, a degradation of water quality, or waste. Any limitations on production may be limited to a specific time period within which additional data may be generated. All limitations on production shall treat all affected landowners and well owners as equally as practicable.
RULE 5.6 PRODUCTION FEES
The District may assess annual production fees on non-exempt wells as authorized by law.
SECTION 6. TRANSFER OF GROUNDWATER OUT OF THE DISTRICT
RULE 6.1 PERMIT REQUIRED (return to contents)
Groundwater produced from within the District may not be transported outside the District’s boundaries unless the Board has issued the well owner an export permit.
RULE 6.2 APPLICABILITY
A groundwater export permit is not required for export of groundwater that is part of a manufactured product or agricultural produce, or if the groundwater is to be used on property that straddles the District boundary line.
RULE 6.3 APPLICATION
An application for an export permit must be filed in the District office and must include the following information:
6.3.1. The name, mailing address, and phone number of the applicant;
6.3.2. A statement of the nature and purpose of the proposed use and the amount of water to be used for each purpose;
6.3.3. A water-conservation plan;
6.3.4. A drought-management plan;
6.3.5. The location of the well(s) (relative to section lines or by GPS coordinates) and expected or proposed rates of withdrawal;
6.3.6. Proof of notification of all landowners adjacent to the property where the well or wells from which water is proposed to be exported are located and all well owners within one-half mile of any of the proposed production wells.
RULE 6.4 HEARING AND PERMIT ISSUANCE
6.4.1. Applications for export permits are subject to the hearing procedures provided by the Rules.
6.4.2 In determining whether to issue an export permit, the Board shall consider:
6.4.2.1. the availability of water in the district and in the proposed receiving area during the period for which the proposed water transfer is requested;
6.4.2.2. availability of feasible and practicable alternative supplies to the applicant;
6.4.2.3. the amount and proposed use of the transferred water in the proposed receiving area;
6.4.2.4. the projected effect of the proposed transfer on aquifer conditions, depletion, subsidence, or effects on existing permit holders or other groundwater users within the District;
6.4.2.5. the projected environmental and economic effects on the District;
6.4.2.6. the compatibility of the proposed transfer with the approved regional water plan and District’s management plan; and
6.4.2.7. other facts and considerations considered relevant or necessary by the District’s Board for protection of the public health and welfare and conservation and management of natural resources in the District.
RULE 6.5 FEES:
The District may impose all fees on the export of water as allowed by law, including those fees authorized by Sections 36.122 and 36.205 of the Texas Water Code.
RULE 6.6 DURATION OF PERMIT:
Export Permits issued will be valid for a time period of up to five years or as may be required by law.
RULE 6.7 CONSTRUCTION OF EXPORT FACILITIES:
Construction of an export facility, including without limitation, pipelines, storage facilities, and booster pumps, must commence within three (3) years of the issuance of the permit, or the permit will be invalid.
RULE 6.8 EQUAL TREATMENT OF WELLS:
Except as may be allowed by law and by these Rules, the District may not discriminate against exporters of water. However, the District recognizes that in-District use of water may have a dramatically different impact on the aquifers of the District, as well as the environment and the economy of the District, than the export of water, and the Board will consider impacts in determining whether to grant, deny, or modify a permit for export.
RULE 7.1 DEPOSITS: (return to contents)
Each application for a permit to drill or operate a well must be accompanied by such deposit is may be required by the Board. The deposit will be returned to the applicant by the District if:
(1) the application is denied, or
(2) the permit location is abandoned without having been drilled, upon return and surrender of the permit marked “abandoned” by the applicant, together with a copy of thedriller’s log. In the event that the driller’s log of the well and the permit marked “abandoned” are not returned to the District office within eight (8) months after application date of the permit, the deposit becomes the property of the District.
RULE 8.1 GENERAL PERMITTING POLICIES AND PROCEDURES: (return to contents)
8.1.1. Drilling Permit Requirement and Well Registration: A well owner, well operator, or any other person acting on behalf of the well owner or well operator (including, without limitation, a well driller), must file an application for a water well drilling permit (“the application”) before a well may be drilled, including the deepening of an existing well. The application shall include:
(1) the name, address, and telephone numbers of the well owner (and of the well operator if different from the owner),
(2) the location of the proposed well,
(3) distance from the well owner’s property line,
(4) distance from the nearest known well,
(5) production capacity of the nearest well in gallons per minute, if known,
(6) distance from any sewage or waste facility, including, septic tanks and drain fields, together with a description of the relevant facility, if known,
(7) the proposed use of the well,
(8) the anticipated production capacity of the well, and
(9) if applicable, a certification that the well (a) will be drilled and equipped to produce less than 25,000 gallons per day, (b) is on a tract larger than ten acres, and (c) will be used solely for Domestic use or for providing water for livestock, wildlife, or poultry.
(10) Sworn certification by the driller that the driller has in effect a liability policy in an amount of at least $100,000 to protect landowners and the groundwater of Brewster County from any negligence of the driller.
(11) Sworn certification by the driller that all requirements of the Texas Commission on Environmental Quality will be complied with.
If the application meets all the requirements of the Rules, the District shall issue a drilling permit (“a drilling permit”), and the applicant may then proceed, at his own risk, to drill the well. The application will be granted if it is in compliance with the Rules. In the event the General Manager or the Chairman determines that there is good cause to grant an application for a drilling permit before the next meeting of the Board, the General Manager or the Chairman may grant the application subject to the Board’s ratification. The application and drilling permit shall constitute registration of the well with the District.
8.1.2 Registration of Existing Wells: Exempt wells in the District that were drilled prior to the effective date of the Rules are not required to be registered, but well owners are encouraged to voluntarily register their wells in order to expand the District’s database to better enable the District to understand and manage the District’s water resources. All wells that are not exempt wells shall be registered with the District on or before June 1, 2005. A well registration in accordance with this Section shall include the information required for a drilling permit, together with the static level in the well and the total depth of the well, if known. After an existing well is registered, the Board shall issue an operating permit if the registration indicates that
the well is in compliance with the Rules.
8.1.3. Operating Permit Requirement: Within sixty (60) days after a well is drilled, unless it is an exempt well, the well owner or well operator must file an operating permit application prior to operating the well. The application for an operating permit shall include the information required for a drilling permit, together with the static level in the well and the total depth of the well. The operating permit must be approved by the Board if it is in compliance with the Rules.
8.1.4. Renewal of Operating Permit: An operating permit for a non-exempt well must be renewed (1) every two years or (2) whenever a well is re-equipped to produce either more or less water.
8.1.5. Permit Applications: Each original application for a water well drilling permit, operating permit, and permit renewal requires a separate application. Application forms will be provided by the District and furnished to the applicant upon request.
8.1.6. Decision and Issuance of Permit: In deciding whether or not to issue a permit, and in setting the terms of the permit, including production limits and spacing requirements, if any, the Board will grant the permit if the well complies with the Rules.
8.1.7. Duration of Drilling Permits: Unless specified otherwise by the Board or the Rules, drilling permits are effective for a term ending eight (8) months after the date the permit was granted.
8.1.8. Aggregation of Withdrawal: In issuing an operating permit, the authorized withdrawal or production, if any, for a given well may be aggregated with the authorized withdrawal or production, if any, from other permitted wells designated by the District. Rules 5 and 6 will be considered in determining whether or not to
allow aggregation of withdrawal. For the purpose of categorizing wells by the amount of groundwater production, where wells are permitted with an aggregate withdrawal, the total authorized withdrawal will be assigned to the wells in aggregate, rather than allocating to each well its pro rata share of production. This
will allow a well owner or well operator, with multiple wells which supply a single well system, to apply for an operating permit for the well system, and the well owner or operator will not be required to apply for a separate operating permit for each individual well.
RULE 8.2 OPERATING PERMIT PROVISIONS:
All permits are granted subject to the Rules, orders of the Board, and the laws of the State of Texas. In addition to any special provisions or other requirements incorporated into the permit, each permit issued must contain the following standard permit provisions:
“This permit is granted in accordance with the provisions of the Rules of the District, and acceptance of this permit constitutes an acknowledgment and agreement that the permittee will comply with the Rules of the District.”
RULE 8.3 EXCLUSIONS AND EXEMPTIONS:
A drilling permit and well registration are required for all new wells in the District. An operating permit is not required for an exempt well as defined in Rule 1.1.
RULE 9.1 PROCEDURES: (return to contents)
If a well owner or well operator intends to increase the rate of production of an existing well by reworking, re-equipping, or re-drilling the well, the well owner or well operator shall apply for a drilling permit as if it were a new well. If an existing well is reworked, re-equipped, or re-drilled in a manner that will not change the existing production quantity, no new permit will be required. If a well is exempt under the Rules, no permit will be required for re-equipping it.
RULE 10.1 DEFINITION OF WASTE:
Waste shall be defined as set forth in Section 1, Rule 1.1, and by Section 36.001(8) of the Water Code or by any amendment to it. In the event of a conflict, the Water Code shall prevail.
RULE 10.2 WASTE PREVENTION:
Groundwater shall not be produced within the District or used within or without the District in such a manner as to constitute waste.
RULE 10.3 USE FOR A BENEFICIAL PURPOSE:
All groundwater in the District shall be used for a beneficial purpose, which includes agricultural, gardening, domestic, stock raising, wildlife, municipal, mining, manufacturing, industrial, commercial, or recreational purposes; exploring for, producing, handling, or treating oil, gas, sulphur, or other minerals; or any other purpose that is useful and beneficial to the user.
RULE 11.1 OWNER TO CAP ABANDONED WELLS: (return to contents)
Every owner or operator of any land within the District, upon which is located any abandoned well or any open or uncovered well is, and shall be, required to close or cap the well within thirty (30) days after the owner or operator became aware that the well was abandoned or open or uncovered, as set forth in this Rule and in accordance with Chapter 36, Texas Water Code and subsequent changes thereto. The District may require the owner or lessee of land on which an abandoned or an open or uncovered well is located to keep the well permanently closed or capped with a covering capable of sustaining weight of at least four hundred (400#) pounds, except when the well is in actual use.
RULE 12.1 CONDUCT OF HEARINGS:
All hearings on any matter the Board may consider will be conducted informally if the matteris uncontested. Any contested hearings will be conducted in accordance with the Hearing Rules.
RULE 12.2 CONCLUSION OF THE HEARING; REPORT:
The findings and conclusions of all hearings will be reduced to writing and filed with the records of the District. At the request of the participant, any participant in any hearing will be given a copy of the findings and conclusions.
RULE 12.3 FINAL DECISION; APPEAL:
Any party who is affected by a decision of the Board made as a result of a hearing, and who is dissatisfied by the decision of the Board, may request a rehearing. If the rehearing is denied, or if the decision is affirmed after rehearing, the affected party may appeal to the district court.
RULE 12.4 NOTICE AND ACCESS TO PROPERTY:
Board members and District agents and employees may not enter private property without the permission of the landowner or the landowner’s agent. If a landowner or a landowner’s agent refuses to allow District agents and employees to enter the property to inspect a permitted well and to ensure compliance with the Rules, the Board may revoke any permits held by the landowner previously issued by the Board or deny any permits pending before the Board.
RULE 12.5 ENFORCEMENT:
The District may enforce these Rules in any manner authorized by the Texas Water Code.
(return to contents)
