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RULES

OF

REFUGIO GROUNDWATER CONSERVATION DISTRICT

ADOPTED: July 27, 2004

 

EFFECTIVE: July 27, 2004

 

Amended: August 29, 2005

 

The rules of the Refugio Groundwater Conservation District were adopted on July 27, 2004.

In accordance with Section 59 of Article XVI of the Texas Constitution, S.B. 1911, Acts of the 76th Legislature and Chapter 36 of the Texas Water Code, the following rules are hereby ratified and adopted as the rules of this District by its Board. Each rule as worded herein has been in effect since the date of passage and as may be hereafter amended.

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. To the end that these objectives are attained, these rules will be so construed.

These rules may be used as guides in the exercise of discretion, where discretion is vested. However, under no circumstances and in no particular case may these rules be construed as a limitation or restriction upon the exercise of powers, duties, and jurisdiction conferred by law. These rules will not limit or restrict the amount and accuracy of data or information that may be required for the proper administration of the law.

Table of Contents

SECTION 1.  DEFINITIONS AND CONCEPTS.. 55

RULE 1.1 DEFINITIONS OF TERMS: 55

RULE 1.2 PURPOSE OF RULES: 1212

RULE 1.3 USE AND EFFECT OF RULES: 1212

RULE 1.4 AMENDING OF RULES: 1212

RULE 1.5 HEADINGS AND CAPTIONS: 1212

RULE 1.6 CONSTRUCTION: 1212

RULE 1.7 METHODS OF SERVICE UNDER THE RULES: 1313

RULE 1.8 SEVERABILITY: 1313

SECTION 2.  BOARD.. 1313

RULE 2.1 PURPOSE OF BOARD: 1313

RULE 2.2 BOARD STRUCTURE, OFFICERS: 1313

RULE 2.3 MEETINGS: 1414

RULE 2.4 COMMITTEES: 1414

RULE 2.5 EX PARTE COMMUNICATIONS: 1414

SECTION 3.   DISTRICT STAFF. 1414

RULE 3.1 GENERAL MANAGER: 1414

RULE 3.2 STAFFING OF THE DISTRICT: 1414

SECTION 4.   DISTRICT.. 1515

RULE 4.1   MINUTES AND RECORDS OF THE DISTRICT: 1515

RULE 4.2 CERTIFIED COPIES: 1515

RULE 4.3 DISTRICT MANAGEMENT PLAN: 1515

SECTION 5. REGISTRATION OF WELLS – DETERMINATION OF PERMITTING APPLICABILITY.. 1515

RULE 5.1 Registration of Wells: 1515

RULE 5.1.1 Well Activity. 1616

RULE 5.1.2 Registration and Application Forms. 1616

Rule 5.2 Exempt Well.. 1717

SECTION 6.   PERMITS.. 1717

RULE 6.1 GENERAL PERMITTING POLICIES AND PROCEDURES: 1717

RULE 6.1.1 Drilling Permit Requirement: 1717

RULE 6.1.2 Operating Permit Requirement: 1818

RULE 6.1.3 Permit Applications: 2020

RULE 6.1.4 Notice of Permit Hearing: 2020

RULE 6.1.5 Decision and Issuance of Permit: 2020

RULE 6.1.6 Aggregation of Withdrawal: 2121

RULE 6.1.7 Effect of Acceptance of Permit: 2221

RULE 6.2 PERMIT PROVISIONS: 2221

RULE 6. 3 OPERATING PERMIT LIMITATIONS: 2322

RULE 6.4 EXCLUSIONS AND EXEMPTIONS: 2423

RULE 6.5 WATER TABLE DRAWDOWN WELLS.. 2523

SECTION 7.   Well Spacing and Production Limits.. 2523

Rule 7.1 Production Limits. 2523

Rule 7.2 Well Spacing.. 2724

SECTION 8. TRANSFER OF GROUNDWATER OUT OF THE DISTRICT: 2824

RULE 8.1 PERMIT REQUIRED: 2824

RULE 8.2 APPLICABILITY: 2824

RULE 8.4 HEARING AND PERMIT ISSUANCE: 2925

SECTION 9. DEPOSITS FOR WELL DRILLING PERMITS.. 2925

RULE 9.1 DEPOSITS: 2925

SECTION 10. FEES.. 2926

RULE 10.1 Operating Permit Application Fee. 2926

RULE 10.2 TRANPORT APPLICATION FEE. 3026

RULE 10.3 EXPORT or Transport FEE. 3026

RULE 10.4 Production FEE. 3026

Rule 10.4.1. 3026

Rule 10.4.2. 3027

Rule 10.4.3. 3027

SECTION 11. REWORKING AND REPLACING A WELL.. 3027

RULE 11.1 PROCEDURES: 3127

SECTION 12. WELL LOCATION AND COMPLETION.. 3128

RULE 12.1 RESPONSIBILITY: 3128

RULE 12.2 LOCATION OF DOMESTIC, INDUSTRIAL, INJECTION, AND IRRIGATION WELLS: 3128

RULE 12.3 STANDARDS OF COMPLETION FOR DOMESTIC, MUNICIPAL, INDUSTRIAL, INJECTION, AND IRRIGATION WELLS: 3228

RULE 12.4 RE-COMPLETIONS: 3329

SECTION 13. WASTE AND BENEFICIAL USE. 3330

RULE 13.1 WASTE PREVENTION: 3330

SECTION 14.  HEARINGS.. 3330

RULE 14.1 TYPES OF HEARINGS: 3330

RULE 14.2 NOTICE AND SCHEDULING OF HEARINGS: 3431

RULE 14.3 GENERAL PROCEDURES: 3532

RULE 14.4 UNCONTESTED PERMIT HEARINGS PROCEDURES: 3835

RULE 14.5 CONTESTED PERMIT HEARINGS PROCEDURES: 3935

RULE 14.6 CONCLUSION OF THE HEARING; REPORT: 4339

RULE 14.7 RULEMAKING HEARINGS PROCEDURES: 4440

RULE 14.8 FINAL DECISION; APPEAL: 4441

SECTION 15.  INVESTIGATIONS AND ENFORCEMENT.. 4541

RULE 15.1 NOTICE AND ACCESS TO PROPERTY: 4542

RULE 15.1.1 RIGHT TO INSPECT, TEST, AND LOCATE WELLS. 4542