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District Rules
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RULES OF REFUGIO GROUNDWATER CONSERVATION DISTRICT
ADOPTED: EFFECTIVE: Amended:
August 29, 2005
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
RULE 1.1
DEFINITIONS OF TERMS:
RULE 1.3 USE AND EFFECT OF RULES:
RULE 1.5 HEADINGS AND CAPTIONS:
RULE 1.7 METHODS OF SERVICE UNDER THE RULES:
RULE 2.2 BOARD STRUCTURE, OFFICERS:
RULE 2.5 EX PARTE COMMUNICATIONS:
RULE 3.2 STAFFING OF THE DISTRICT:
RULE 4.1 MINUTES AND RECORDS OF THE
DISTRICT:
RULE 4.3 DISTRICT MANAGEMENT PLAN:
SECTION
5. REGISTRATION OF WELLS – DETERMINATION OF PERMITTING APPLICABILITY
RULE 5.1
Registration of Wells:
RULE 5.1.2 Registration and Application
Forms
RULE 6.1 GENERAL PERMITTING POLICIES AND PROCEDURES:
RULE
6.1.1 Drilling Permit Requirement:
RULE 6.1.2 Operating Permit Requirement:
RULE 6.1.3 Permit Applications:
RULE 6.1.4 Notice of Permit Hearing:
RULE
6.1.5 Decision and Issuance of Permit:
RULE
6.1.6 Aggregation of Withdrawal:
RULE
6.1.7 Effect of Acceptance of Permit:
RULE 6. 3 OPERATING PERMIT LIMITATIONS:
RULE 6.4 EXCLUSIONS AND EXEMPTIONS:
RULE 6.5 WATER TABLE DRAWDOWN WELLS
SECTION
7. Well Spacing and Production Limits
SECTION
8. TRANSFER OF GROUNDWATER OUT OF THE DISTRICT:
RULE 8.4 HEARING AND PERMIT ISSUANCE:
SECTION
9. DEPOSITS FOR WELL DRILLING PERMITS
RULE 10.1 Operating
Permit Application Fee
RULE 10.2 TRANPORT APPLICATION FEE
RULE 10.3 EXPORT or
Transport FEE
SECTION
11. REWORKING AND REPLACING A WELL
SECTION
12. WELL LOCATION AND COMPLETION
RULE 12.2 LOCATION OF DOMESTIC, INDUSTRIAL, INJECTION,
AND IRRIGATION WELLS:
SECTION
13. WASTE AND BENEFICIAL USE
RULE 14.2 NOTICE AND SCHEDULING OF HEARINGS:
RULE 14.4 UNCONTESTED PERMIT HEARINGS PROCEDURES:
RULE 14.5 CONTESTED PERMIT HEARINGS PROCEDURES:
RULE 14.6 CONCLUSION OF THE HEARING;
REPORT:
RULE 14.7 RULEMAKING HEARINGS PROCEDURES:
RULE 14.8 FINAL DECISION; APPEAL:
SECTION
15. INVESTIGATIONS AND ENFORCEMENT
RULE 15.1 NOTICE AND ACCESS TO PROPERTY:
RULE 15.1.1 RIGHT TO INSPECT, TEST, AND LOCATE
WELLS
RULE 15.2 CONDUCT OF INVESTIGATION:
GROUNDWATER CONSERVATION DISTRICT
DISTRICT RULES
In the
administration of its duties, the Refugio Groundwater Conservation District
follows the definitions of terms set forth in The District Act, Chapter 36 of
the Texas Water Code, and other definitions as follow:
“Abandoned well or
Deteriorated Well” shall mean a well or Borehole the condition of which
is causing, or is likely to cause, pollution of groundwater in the District The following are not considered Abandoned
Wells or Deteriorated Wells under this definition: (A) a
non-deteriorated well which contains the casing, pump, and pump column in good
condition; or
(B) a non-deteriorated well which has been capped; or (C) a
non-deteriorated free-flowing artesian well used for a beneficial purpose
"Acre-foot"
means the amount of water necessary to cover one acre of land one foot deep, or
325,851
“Aggregate
Withdrawal” - the amount of water withdrawn from two or more wells which
are permitted for a total pumpage volume of all wells in the aggregate.
“Agricultural
Use” - means any use or activity involving agriculture as defined in Texas
Water Code Section 36.001, including but not limited to aquaculture; irrigation
to cultivate the soil to produce crops; the practice of floriculture,
viticulture, silviculture, and horticulture, including nursery grower
operations; raising, feeding, or keeping animals for breeding or production of
food or fiber or other products with a tangible value; planting cover crops,
wildlife management; or raising or keeping equine animals. “Applicant” means a person or entity that submits the required
forms to the District and pays the required fees for authorization to drill and
operate a Groundwater well, either by registration or by Permit.
“Aquifer” means the portions of the
Chicot, Evangeline, or Jasper Aquifer located in the District or any other
water bearing geologic formation.
“Aquifer
Mining” –A condition
where the average available recharge of an aquifer or portion of an aquifer is
less than the annual production of groundwater from that aquifer or that
portion of that aquifer. “Artesian Well”
- A well drilled through impermeable strata to reach
water capable of rising to the surface by internal hydrostatic pressure. "Authorized
Well Site"
shall be:
(1)
The location of a proposed well on an application duly filed with the District
until such application is denied; or
(2)
The location of a proposed well on a valid Permit. (An authorized well site is
not a Permit to drill); or
(3)
A well which produces in excess of 25,000 gallons (17.4 gpm) of water per day
and which was in existence at the time the District was created or at the time
the area was annexed into the District and is not considered to be an abandoned
well or deteriorated well; or
(4)
A well drilled after the District was created or after an area was annexed into
the District that has a properly completed Well Registration on file in the
District office and such well has not been “abandoned” by the well owner. “Baseflow
or normal flow”
- The portion of
streamflow uninfluenced by recent rainfall or flood
runoff and is comprised of springflow, seepage, discharge from artesian wells
or other sources.
“Beneficial Use”
shall mean the use of groundwater
for:
·
agricultural,
gardening, domestic, stock raising, municipal, mining, manufacturing,
industrial, commercial, recreational, or pleasure purposes;
·
sustaining
natural environmental flows such as: downstream uses, water quality, aquatic
and wildlife habitat, and/or freshwater inflows to bays and estuaries; and
·
exploring
for, producing, handling, or treating oil, gas, sulphur, or other minerals; or
·
any
other purpose that is useful and does not constitute Waste.
"Board"
means the Board of Directors of the District. “Commission” – refers to the Texas Commission on
Environmental Quality.
“Conservation”
- those water saving practices, techniques, and technologies that will reduce
the consumption of water, reduce the loss or waste of water, improve the
efficiency in the use of water, or increase the recycling and reuse of water so
that a water supply is made available for future or alternative uses.
"De-watering
well" means a well used to remove water from a construction site or excavation,
or to relieve hydrostatic uplift on permanent structures.
"District"
means the Refugio Groundwater Conservation District.
"District Act"
means H.B. 3231, 76th Legislature and the non-conflicting provisions
of Chapter 36, Water Code.
"District office"
means the office of the District as established by resolution of the Board.
“Domestic
Use or Purpose” - means the use of groundwater by an individual or a
household to support domestic activity. Such use may include water for
drinking, washing, or culinary purposes; for irrigation of lawns, or of a
family garden and/or orchard; for watering of domestic animals; and for water
recreation including aquatic and wildlife enjoyment. Domestic use does not
include water used to support activities for which 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
"Drilling
Permit" means a Permit for a water well issued or to be issued by the
District allowing a water well to be drilled.
“Environmental Flow” -
are defined as the streamflow necessary to sustain habitats
(including channel morphology and substrate), encourage spawning and the
migration of fauna species to previously unpopulated habitats, enable the
processes upon which succession and biodiversity depend, and maintain the
desired nutrient structure within lakes, streams, wetlands and riparian areas.
Environmental flows may comprise elements from the full range of flow
conditions which describe long term average flows, variability of flows
including low flows and irregular flooding events.
“Exempt
Well” - a well exempted
under Rule 5.2 for which the owner is not required to obtain a Permit but for
which the owner is able to obtain a registration number by registering the
well's use and location with the District, on a voluntary basis.
“Fees” - charges imposed by the District
pursuant to Texas Water Code Chapter 36.
“Grandfathered” means to exempt all non-exempt wells
drilled before
"Groundwater" means water percolating below the surface of the earth within the District but does not include water produced with oil in the production of oil and gas.
"Hearing body"
means the Board, any committee of the Board, or a Hearing Examiner at any
hearing held under the authority of the District Act.
"Hearing
Examiner" means a person appointed by the Board of Directors to
conduct a hearing or other proceeding.
"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
A closed system geothermal well used to circulate water,
other fluids, or gases through the earth as a heat source or heat sink.
"Landowner"
means the person who bears ownership of the land surface. “Modify” - to alter the physical or mechanical
characteristics of a well, its equipment, or production capabilities. This does not include repair of well
equipment, well houses or enclosures, or replacement with comparable equipment.
"Monitoring
well or Observation Well" means 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.
"New well
application" means an application for a Permit for a water well that
has not yet been drilled.
“Nonexempt
Well” - a well required
to obtain an Operating Permit authorizing the production of groundwater from an
existing or a new well.
"Open meeting
law" means Chapter 551, Texas Government Code.
“Operating
Permit” - the
authorization issued by the District under which an owner, operator or lessee
of the property may withdraw a specific amount of groundwater from a nonexempt
well for a designated period of time.
“Overpumping
or Overproduction” - to
produce water from a well in excess of the amount authorized to be withdrawn
under an Operating Permit issued by the District.
“Owner” - any person who has the right to produce
water from the land, either by ownership, contract, lease, easement, or any
other estate in the land.
“Permit
Amendment” - a District
approved change in a Permit, see also Special Provisions.
“Pumping
or Groundwater Production”
- all water withdrawn from the ground, measured at the wellhead.
"Public
Information Act" means Chapter 552, 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"- means 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 registered with the
District in accordance with Section 5 of the District Rules. “Remediation wells”- wells intended for either extraction or
injection of materials for the purpose of remediating or removing a subsurface
contaminant
"Rules"
means the rules of the District compiled in this document and as may be
supplemented or amended from time to time.
“Seal” - an official seal, tag, or label placed
on a well or its equipment, or the act of placing the tag or label, to indicate
that further pumping of groundwater, or operation of the well, or continuing
with other District regulated activities is not permitted by the District,
shall be in violation of District Rules, and may subject the well owner to
civil suit and/or penalties.
"Section"
means the number section of a survey or block as shown in "Texas Country
Farm Plats," 1996 Edition, (Smith Publishing Co.).
“Special
Provisions” - conditions
or requirements added to a Permit, which may be more or less restrictive than
the Rules as a result of circumstances unique to a particular situation.
"
“Transport
of Groundwater” -
pumping, transferring, or moving groundwater out of the District.
“Transport
Permit” - an
authorization issued by the District allowing the transfer or transporting of a
specific amount of groundwater out of the District for a designated period of
time.
“Waste”
- :
(1) The
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.
(2) The use of that amount of water in excess
of that which is economically reasonable for an authorized purpose when
reasonable intelligence and reasonable diligence are used in applying the water
to that purpose constitutes waste.
(3) The
flowing or producing of wells from a groundwater reservoir if the water
produced is not used for a beneficial purpose.
(4) The
escape of groundwater from one groundwater reservoir to any other reservoir or
geologic strata that does not contain groundwater.
(5) The
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.
(6) 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 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 commission under Chapter 26 “Water Quality Control”.
(7) 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.
(8) A person who allows an unreasonable loss
of water through faulty design or negligent operation of any waterworks commits
waste, and the commission may declare the waste to be a public nuisance. Faulty
design or negligent operation shall include, but not be limited to, the design
or operation of waterworks not in accordance with applicable state or federal
law, commission rules, plumbing fixture codes or ordinances, or other
applicable law or, in the absence of such law, not in accordance with commonly
accepted industry standards, engineering principles, and best management
practices.
(9)
Production of Groundwater from an
Abandoned Well or a Deteriorated Well.
"Water meter"
means a water flow measuring device that can accurately record the amount of
groundwater produced during a measured time.
“Water
Use Fee” - a fee based upon total annual pumpage imposed by the District on
each well or aggregate system for which a Permit is issued. The terms
"user fee" and "pumpage fee" are synonymous and used
interchangeably with "water use fee".
"Well"
means any facility, device, or method used to withdraw groundwater from the
groundwater supply within the District.
"Well owner"
or "well operator" means
the person who owns the land upon which a well is located or is to be located
or the person who operates a well or a water distribution system supplied by a
well.
“Well
Registration” - the
creation of a record of the well by use and a well identification number for
purposes of registering the well as to its geographic location and for
notification to the well owner in cases of spills or accidents, data
collection, record keeping, or future planning purposes.
"Well system"
means a well or group of wells tied to the same distribution system.
"Withdraw"
means extracting groundwater by pumping or by another method.
"Windmill"
means a wind-driven or hand-driven device that uses a piston pump to remove
groundwater. These rules are adopted pursuant to the
authority of Section 36.101, Texas Water Code, for the purpose of conserving,
preserving, protecting, and recharging groundwater in the district, and these
rules are adopted under the district’s statutory authority to prevent waste and
to protect the rights of owners of interests in groundwater. In fulfilling the stated purpose of these
rules, the board will endeavor to maintain the aquifers in the district on a
sustainable basis. For the purposes of
these rules, “sustainability” is defined as development and use of groundwater
in a manner that can be maintained in perpetuity.
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, nor 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 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. A reference to a
title, chapter or section without further identification is a reference to a
title, chapter or section of the Water Code. Construction of words and phrases
are governed by the Code Construction Act, Subchapter B, Chapter 311, and
Government Code.
RULE 1.7 METHODS OF SERVICE UNDER THE
RULES: 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 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 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, the invalidity, illegality,
or unenforceability may 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. The Board was
created to determine policy and regulate the withdrawal of groundwater within
the boundaries of the District for conserving, preserving, protecting and
recharging 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. 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 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 to keep a true and
complete account of all meetings and proceedings of the Board. The Board may
elect officers annually, but must elect officers at the first meeting following
the election of board members. Members and officers serve until their
successors are elected or appointed and sworn in accordance with the District
Act and these rules. The Board will
hold a regular meeting 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 according to the Texas Open Meetings Law. The Chairman 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 Chairman.
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. A Board member may communicate ex parte with other members of the
Board. This rule does not apply to a Board member who abstains from voting on
any matter in which ex parte communications have occurred. The Board may
employ or contract for a person to manage the District, and title this person
general manager. The general manager will have no power, duty, or
responsibility other than gathering information and performing Water District
functions as determined by the Board. 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.
All documents,
reports, records, and minutes of the District are available for public inspection
and copying following the Texas Public Information Act. Upon written
application of any person, the District will furnish copies of its public
records, a copying charge pursuant to policies established by the District. A
list of the charges for copies will be furnished by the District. 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 4.3 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 as one
method of implementing the Management Plan. The Board will review the Plan at
least every fifth year beginning in 2004. If the Board considers a new or
amended plan necessary or desirable, based on evidence presented at hearing, a
new plan or amendments to the plan may be adopted. A plan, once adopted,
remains in effect until the adoption of a new or amended plan. SECTION 5. REGISTRATION OF WELLS – DETERMINATION OF
PERMITTING APPLICABILITY RULE 5.1
Registration of Wells: All existing exempt wells
within the district can be registered on a voluntary basis if the well does not
require a Permit. There is no fee for
registering existing wells. Registration is required for all new wells
drilled in the District.
All new wells
must submit an application, upon receipt of a completed application the
District will determine if the well is exempt or nonexempt. All wells registered with the District shall be
classified, by the District, according to use. Use classifications include:
domestic, municipal, agricultural, irrigation, injection, remediation,
scientific monitor wells, and water table drawdown wells. a) It is a
violation of these Rules for a well owner, well operator, or water well driller
to drill any well without first filing with the District an application for
registration or permitting of the well. Exempt wells must be registered with
the District prior to being drilled.
Non-exempt wells must receive a Permit from the District prior to
drilling and operation. b) All new
wells must be registered or permitted by the well owner, well operator, or
water well driller prior to being drilled. The District staff will review each
application for a Drilling Permit and make a preliminary determination on
whether the well meets the exclusions or exemptions provided in Rule 5.2.
Providing the District finds during preliminary determination that the well is
classified as an Exempt Well, the Applicant may begin drilling immediately upon
receiving the approved registration of the well.
No Person shall hereafter begin to drill
or drill a Well, or increase the size of a Well, or Well pump, without having
first registered the Well or applied to the District and received a Permit to
do so, unless the drilling and operation of the Well is exempt by law or by
these Rules.
RULE 5.1.2 Registration and
Application Forms
Registration shall
include the following information, submitted on forms provided by the District,
and any other information the General Manager may determine to be of need.
(a) the
exact location of the well to be drilled, as provided in the application,
including the county, section, block, survey and township; and the exact number
of feet to the nearest public road, property line, or other legal description;
(b) proposed use
of the well to be drilled;
(c) the size of
the pump and the estimated gallons per minute production,
(d) an agreement
by the applicant that a completed well completion report and drillers log will
be furnished to the District, upon completion of this well and prior to the
production of water there from,
(e) the latitude
and longitude‑,
(f)
the name and address of the Applicant and owner of the
land upon which the well is located; and as well as documentation establishing
the authority of the Applicant to drill or operate the well if the Applicant is
not the owner of the land; and
(g) the name
and address of the well driller or contractor, if applicable.
An
“Exempt Well” is a well that does not require a Permit and is used solely for domestic purposes or for
providing water for livestock, poultry or environmental flows that is
drilled, completed, or equipped so that it is incapable of producing more than
25,000 gallons (17.4 gpm) of groundwater per day;
Any existing operational
well that is not an Abandoned Well, a Deteriorated Well,
nor
a
Non- Exempt Well and in existence prior to January 1, 2002 is
considered grandfathered and will automatically be granted an Operating Permit
upon completion of the well validation procedure as provided in Rule 16. These
grandfathered wells will not be assessed a registration or Permit fee if the
procedure is completed by
RULE 6.1 GENERAL PERMITTING POLICIES AND
PROCEDURES: A permit confers only the right to use the permit under the provisions of
these Rules and according to its terms. A permit’s terms may be modified or
amended pursuant to the provisions of these Rules.
RULE 6.1.1 Drilling Permit Requirement:
The
well owner, well operator, or any other person acting on behalf of the well
owner, must file a completed application for registration or permitting before
a well may be drilled. Providing the application for a Drilling Permit meets
all the guidelines of these Rules, including a location map or property plat
drawn on a scale that adequately details the well site, the property lines, the
location of other existing wells and their use(s) on the subject tract, the
location of any existing or proposed on-site wastewater system, and the
location of any other potential source of contamination within 100 feet of the
existing well. Once the Drilling Permit
is issued the Applicant may thereupon proceed at his own risk to drill such
well. All wells drilled after receiving a Drilling Permit
are subject to the completion and location requirements set forth in Section 12
of these Rules. A
Drilling Permit application is subject to approval by the General Manager of
the District, or the well owner, operator, or any other person acting on behalf
of the well owner may request a public hearing and the approval of the Permit
by the Board.
a)
Drilling
Permits: Unless specified
otherwise by the Board or these Rules, Permits are effective for a term ending
120 calendar days after the date the Permit was approved. Failure of the well
owner, well operator, or any other person acting on behalf of the well owner,
to provide evidence of the drilling and completion of the permitted well within
the designated time frame will render the permit void and production is
strictly prohibited. Provided, however, that the Board, for good cause, may
extend the time for drilling and completion. If an extension is granted and the well owner,
well operator, or any other person acting on behalf of the well owner, fails to
provide the General Manager evidence of the drilling and completion within the
allowable designated by the Board, the permit is void and production there from
is strictly prohibited.
b)
Applicants
for Drilling Permits for wells with pumps capable of producing greater
than 360,000 gpd must submit
the following information upon completion of the well:
1.
All
known existing, abandoned, and inoperative wells within 1500 feet of the well
site.
2.
Location
of Permitted Well, and monitoring wells, depth, and screened intervals
3.
Aquifer
Identification, stratigraphy of geologic formations, lithology of the geologic
strata, geologic structure, characterististics of the aquifer and their
hydraulic relationships, recharge to the aquifer, and movement and discharge of
groundwater from aquifer, and the ambient quality of water in the aquifer
4.
Wells
capable of producing greater than 360,000 gpd will be limited to producing or
screening to a depth of at least 100 feet below the Chicot Aquifer or the
Stratigraphic equivalent as defined by Baker, 1979.
5.
Appropriate
hydrogeological information will be required to prove that producing from a
depth of 100 feet below the Chicot Aquifer will have no significant
impact on shallow wells drilled and completed in the Chicot Aquifer outside the
permitted property. RULE
6.1.2 Operating Permit Requirement:
A
completed Operating Permit application must be approved by the district prior
to operating the well. In addition to the information required on the
District’s application form, the Applicant may provide other information
including a water conservation plan, drought management plan, determination of
groundwater availability.
a.)
Determination of groundwater availability. To the extent available, the
Applicant shall provide the following aquifer parameters:
·
rate
of yield and drawdown;
·
specific
capacity
·
effienciency
of the pumped (test) well;
·
transmissivity;
·
coefficient
of storage
·
hydraulic
conductivity
·
recharge
or barrier boundaries, if any are present; and
·
thickness
of the aquifer
b.)
Using the information and data identified, Application shall include the
following calculations.
1.) Time-drawdown. The amount drawdown at the pumped well
(s) and at the property boundaries for the time frames of ten and thirty years.
2.) Distance-drawdown. The distance(s) from the pumped
well(s) to the outer edges of the cone(s)-of-depression shall be determined for
the time frames of ten and thirty years
3.) Well interference. For multiple wells in a well field,
calculations shall be made to determine how pumpage from multiple wells will
affect drawdown in individual wells for the time frames of ten and thirty
years.
c.) Based
upon the information developed and the water quality examination as documented
in Rule 6.2.4b, permit conditions for groundwater availability and usability may
be imposed by the District.
d.)
An Operating Permit shall specify
and authorize the annual maximum groundwater production from the well (in
gallons per year or acre feet per year), the date the Permit is issued by the
District, the term of the Permit, the person or entity receiving the Permit,
permit and well number, the type of use permitted, and any special Permit
conditions. When two or more wells are
owned and operated by the permittee as a multi-well system, the District may
issue an Operating Permit for an Aggregate Withdrawal. An Operating Permit for
an Aggregate Withdrawal shall allow groundwater to be produced from any well of
the aggregate system up to the permitted rate and volume. The number, location
and designation of the aggregate wells shall be listed on the Permit. e.) Operating
Permits: issued by the District shall
be valid for a term set by the District, which shall not exceed five years from
the date of issuance. Renewal Applications, provided
by the District upon request, shall be submitted to the District no later than
60 days prior to the date of expiration of the Permit. The General Manager may
rule on any renewal application without notice, hearing, or further action by
the Board, or with such notice and hearing as the General Manager deems
desirable or necessary under the circumstances. The General Manager may deny an
application for Permit renewal on any reasonable ground, including, but not
limited to, a determination that the Applicant is currently in violation of
these Rules or Chapter 36, Texas Water Code, or that the Applicant has a
previously unresolved violation on record with the District. Any Applicant may
appeal the General Manager’s ruling by filing, within ten business days of the
General Manager’s ruling, a written request for a hearing before the Board. The
Board will hear the Applicant’s appeal at the next available regular Board
meeting. The General Manager shall inform the Board of any renewal applications
granted on behalf of the District. The Board may overrule the action of the
General Manager. The General Manager may authorize an Applicant for a permit
renewal to continue operating under the conditions of the prior permit, subject
to any changes necessary under these Rules, or the District’s Management Plan,
for any period in which the renewal application is the subject of a contested
case hearing. RULE
6.1.3 Permit Applications:
Each
application for a water well Drilling Permit, Operating Permit, Transport
Permit, Permit renewal or Permit ownership transfer requires a separate
application. Application forms will be provided by the District and furnished
to the applicant upon request. RULE
6.1.4 Notice of Permit Hearing:
Once
the District has received a completed original application for a water well
Drilling Permit, Operating Permit, Transport Permit or an Operating Permit
renewal, the General Manager, will issue written notice indicating a date and
time for a hearing on the application in accordance with these Rules. The
District may schedule a hearing and action on as many applications at one
hearing as deemed necessary and appropriate.
RULE 6.1.5 Decision and Issuance of Permit:
In deciding whether or not to issue a Permit,
and in setting the terms of the Permit, the Board will consider the District
Management Plan and Rules, and all other relevant factors. The Board will also consider additional
information and data provided by the Applicant and other interested
parties. If no person or the General
Manager contests the application, the General Manager will present the
application directly to the Board for a final decision. The Board may issue the application or refer
the application to a Hearing Examiner for a hearing.
Based upon
information presented at the contested case hearing or on its own motion, the
Board may deny any permit for good cause, including, but not not limited to,
effects upon neighboring properties,
excessive
drawdown of the water table or artesian pressure,
intrusion of salt water, loss of flow in the Mission river or
other
good cause.
RULE 6.1.6 Aggregation of Withdrawal:
In
issuing an Operating Permit, the authorized withdrawal for a given well may be
aggregated with the authorized withdrawal from other permitted wells designated
by the District. District Rule 5 & 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.This will allow an Applicant, with a number of water wells which
supply a single well system, to apply for an Operating Permit for the well
system; consequently, the Applicant will not be required to apply for a
separate Operating Permit for each individual well.
RULE 6.1.7 Effect of Acceptance of Permit:
Acceptance
of the Permit by the Applicant constitutes acknowledgment of and agreement to
comply with all of the terms, provisions, conditions, limitations, and
restrictions in the Permit. All Permits are
granted subject to these Rules, the District Management Plan, orders of the
Board, and the laws of the State of 1. Permits are
granted in accordance with the provisions of the Rules of the District, and
acceptance of a Permit constitutes an acknowledgment and agreement that the
Permittee will comply with the Rules of the District. 2. An Operating
Permit confers only the right to operate the well under the provisions of Rule
6.12, and its terms may be modified or amended pursuant to the provisions of
that Rule. Within 10 business days after the date of transfer of a well or well
system, the Operating Permit holder must notify the District in writing of the
name of the new owner. Any person who becomes the owner of a permitted well
must, within 20 calendar days from the date of the change in ownership, file
with the District an application for a Permit amendment to affect a transfer of
the Permit. 3. The operation
of the well for the authorized withdrawal must be conducted in a non-wasteful
manner.
4. Withdrawals of water from all
non-exempt wells must be measured by the owner or operator using a device or
method that is accurate within plus or minus 10%. Measured water use shall be
reported to the District quarterly, and
at that time the Permittee shall pay to the District fees in accordance with
the fee schedule of the District and the requirements of these Rules.
Grandfathered wells are not subject to these fees.
a.) Wells or well systems producing more
than 360,000 gallons of water per day (gpd) must provide monthly water levels
from a minimum of two monitoring wells in the same aquifer or aquifers located
at a distance to be determined in the drilling permit from the permitted well
or well system. This monitoring well information will be submitted by the
Permittee with the quarterly water use report. Any required monitoring wells
must be completed as provided for in the terms and conditions in the Operating
Permit for the producing well or well system. b.) Wells or
well systems producing more than 360,000 gpd must also provide annual data on
the following water quality parameters: pH, Total Dissolved Solids,
Temperature, Turbidity, Alkalinity, Nitrate, Nitrite, Ammonia, Total
Phosphorus, Chloride, Sulfate, Sulfite, Total Suspended Solids, and Total
Hardness. These data will be collected from any monitoring wells required in
the Permit. These Water Quality measurements shall be reported annually to the District
in September. 5. The well site
must be accessible to District representatives for inspection, and the
Permittee agrees to cooperate fully in any reasonable inspection of the well
and well site by the District representatives. 6. The
application pursuant to which a Permit has been issued is incorporated in the
Permit, and the Permit is granted on the basis of and is contingent upon the
accuracy of the information supplied in that application. A finding that false
information has been supplied is grounds for immediate revocation of the
Permit. 7. Violation of
the Permit's terms, conditions, requirements, or special provisions, including
pumping amounts in excess of authorized withdrawal, is punishable by civil
penalties as provided by the District Rule 15.3. 8. Whenever special Permit terms and conditions
are inconsistent with other Permit provisions or these Rules, the special terms
and conditions will prevail.
RULE 6. 3
OPERATING PERMIT LIMITATIONS:
b) Operating
Permit Required: It is
violation of these rules to pump a well without an Operating Permit application
being filed with the District and approved by the Board of Directors.
c) Operating Permit
Limitations:
The
Board in its discretion may require special conditions to permits for
individual wells with a pump capacity equal to or greater than 360,000 gallons
per day or to a well field/groundwater development project with an aggregate
size of greater than 500 contiguous acres. The Board may require special conditions
in order to ensure that it follows its mission to manage, protect and preserve
the groundwater resources of Refugio County, Texas while protecting private
property rights and promoting constructive sustainable development in Refugio
County, and follows the goal in pursuing its mission of sustainability of the
groundwater resources. The Board shall consider, in requiring special conditions,
the total managed available groundwater supplies of the Refugio Groundwater
Conservation District as recorded in the Management Plan. If these special
permit conditions are not met, the Board may revoke or modify the permit after
the opportunity for a hearing is afforded the Permittee.
At a minimum the
following policies shall be applied in the determination of the permit:
1. The Permittee must
demonstrate through the utilization of field monitoring wells that the maximum
drawdown of the water table or Artesian pressure in either the Evangeline or
Chicot Aquifers from this permit will not exceed five feet at the property
line. The monitoring required by Rule 6.2.4 may at the discretion of the
District be utilized to prove compliance with its special condition.
2. The Permittee must
demonstrate that the well or well field will not cause or contribute to the
intrusion of saltwater into the freshwater aquifers by causing the interface
between salt and freshwater in the subsurface to migrate inland. The monitoring
required by Rule 6.2.4 may at the discretion of the District be utilized to
prove compliance with this condition.
3. The Permittee must
demonstrate that water flow gradients are maintained during drought conditions
in the
RULE 6.4 EXCLUSIONS AND EXEMPTIONS: The Permit
requirements in this Section 6 do not
apply to: a) wells used
solely for domestic use or for providing water for livestock or poultry on a
tract of land larger than 10 acres drilled or equipped such that it is
incapable of producing more than 25,000 gallons (17.4 gpm) of groundwater per
day; or b) wells used to
supply water for hydrocarbon production activities associated with any oil or
gas well permitted by the Railroad Commission of Texas. RULE
6.5 WATER TABLE DRAWDOWN WELLS A system of two
or more wells tied together in order to supply water must provide two or more
monitoring wells as required in Rule 6.2 above.
One of the monitoring wells may be designated in the Permit as a water
table drawdown well. When the water level in a water table drawdown well
reaches a depth designated in the Permit, production from the well system must
be reduced or cease until the water level in the water table drawdown well
again reaches the depth designated in the Permit.
SECTION 7. Well Spacing and Production Limits
OWNERSHIP
OF GROUNDWATER. The ownership and rights
of the owners of the land and their lessees and assigns in groundwater are
hereby recognized, and nothing in these rules shall be construed as depriving
or divesting the owners or their lessees and assigns of the ownership or
rights, except as those rights may be limited or altered by rules promulgated
by the Refugio Groundwater Conservation District as stated in Chapter 36.002 of
the Texas Water Code.
The
following rule establishes production and spacing requirements in order to
minimize, as far as practicable, the drawdown of the water table or reduction
of artesian pressure,
to
prevent interference between wells, to prevent degradation of water quality, to control
subsidence and to
prevent waste in accordance with Chapter 36.116 of the Texas Water Code.
Rule 7.1 Production Limits
1.
A
Non-exempt well or well system may
only be permitted to be drilled and/or equipped for the production of a
cumulative total of up to 5 gallons per minute (gpm) per contiguous acre
controlled by applicant.
2.
The
amount of the annual maximum groundwater production specified in the Operating
Permit for a non-exempt well or well
field, issued under Rule 6.1.2(d), shall
be one-half (1/2) acre-foot per contiguous surface acre owned or
controlled by the Applicant up to 500 acres, unless the Applicant
requests a smaller amount be authorized.
The production limit on any property greater than 500 contiguous acres owned or
controlled by the Applicant is subject to Board determination. Applicants may
request that greater amounts of groundwater production per surface acre per
annum be authorized provided they submit information, under Rule 6.1.2(a) and
meet operating permit limitations specified
in Rule 6.3, sufficient for the District to determine, and the District does
determine, that local hydrogeologic conditions will allow the withdrawal of a
greater amount of groundwater per annum without negatively affecting water
levels at adjoining property lines or otherwise interfering with an adjacent
landowner’s ability
to withdraw and use groundwater.
3.
A person’s right to continue to produce a
well or wells under this rule is dependent upon maintaining the ownership of
water rights sufficient to produce the volume of groundwater specified in the
permit or permits and other Rules of the District. A conveyance of any portion
of the water rights could result in non-compliance with Rules of the District.
4.
Production permit
applications for new wells shall be accompanied by well registration
application(s) for any unregistered exempt well(s), and/or production permit
application(s) for any non-exempt, un-permitted well(s) that currently exist on
the same tract of land or adjoining tracts of land owned by the applicant for
the new permit(s).
5.
The Board may, if good cause is shown by clear
and convincing evidence, authorize increased production amounts. Operating Permits authorizing amounts of
production in excess of one-half acre-foot per surface acre per annum shall
contain specific monitoring and
permit
conditions,
under Rule 6.1.2,
Rule 6.2, Rule
6.3 and the operating permit, appropriate to demonstrating that
such well or well field can be operated so as not to (1) cause well
interference on adjoining properties; (2) impact the usability of the
groundwater; or (3) otherwise have a negative impact on groundwater
availability and use outside the applicant’s property.
6.
Exception to
Production Requirements:
a)
If the Applicant present
waivers signed by the adjoining landowner(s) stating that they have no
objection to the proposed drawdown at the adjoining landowner(s) well site or
property line, the production requirements may be altered if approved by the
District.
b)
Providing the
Application can show, by clear and convincing evidence, good cause why a new
well should be allowed to cause greater drawdown, the issue of drawdown
criteria will be considered during the permitting process. If the Board chooses to grant a Permit to drill
a well in an area where aquifer conditions are not favorable, the Board may
limit the production of the well to ensure no injury is done to adjoining
landowners or the aquifer.
Rule 7.2 Well Spacing
In
order to minimize the drawdown of the water table or the reduction in artesian
pressure, to prevent interference between wells, to prevent degradation of
water quality, or to prevent waste, provided that agricultural, municipal, and
natural resources are protected, the District may regulate the spacing of water
wells.
1.
For exempt domestic wells incapable of producing more
than 25,000 GPD, a new well may not be drilled within 100 feet from the
property line. For Non-exempt wells, the minimum distance from the property
line shall be a minimum of 150 feet.
2.
Minimum distance from any existing or proposed septic
system whether on owner’s property or adjacent property, must meet county and
state standards.
3.
Spacing Requirements for Permitted Wells
is 2 feet for every gallon per minute (gpm) of the Permitted Flow from nearest
Existing Well or Authorized Well Site.
4.
Exception to spacing Requirements:
a)
If the Applicant
presents waivers signed by the adjoining landowner(s) stating that they have no
objection to the proposed location of the well site, the spacing requirements
may be altered to suit the Applicant’s request.
b)
Providing the
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 100 feet, the
issue of spacing requirements will be considered during the contested case
process. If the Board chooses to grant a Permit 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 adjoining landowners or the aquifer.
c)
The Board may, if
good cause is shown by clear and convincing evidence, enter special orders or
add special permit conditions increasing or decreasing spacing requirements.
SECTION 8.
TRANSFER OF GROUNDWATER OUT OF THE DISTRICT: Groundwater
produced from within the District may not be transported outside the District's
boundaries unless the Board has issued the well owner or operator a transport
Permit. A groundwater Transport Permit is not required for
transportation of groundwater that is part of a manufactured product, or if the
groundwater is to be used on property that straddles the District boundary line
as of the date of these Rules. RULE 8.3
APPLICATION: An application
for a Transport Permit must be filed in the District office and must include the
following information: a) The name and
mailing address of the Applicant; b) A statement
of the nature and purpose of the proposed use and the amount of water to be
used for each purpose; c) A
water-conservation plan; d) The location
of the well(s) and rates of withdrawal; e) Any additional information that the Applicant
feels is relevant to the District’s decision related to the issuance of a Transport Permit; and f) Proof of notification
of all landowners adjacent to the property where the well or wells are to be
located and all well owners within one-half mile radius of any of the proposed
production wells.
RULE 8.4 HEARING AND PERMIT ISSUANCE: a) Applications
for Transport Permits are subject to
the hearing procedures provided by these Rules. b) In
determining whether to issue a Permit to transport groundwater out of the
District, the Board shall consider: 1) availability
of water in the District and in the proposed receiving area during the period
for which the water supply is requested; 2) the projected
effect of the proposed transfer on aquifer conditions, depletion, subsidence,
or effects on existing Permit holders and other groundwater users within the
District; and 3) the state water plan, and the
approved
District Management Plan;
SECTION
9. DEPOSITS FOR WELL DRILLING PERMITS Each application
for a Permit to drill a well must be accompanied by a $50.00 deposit
which will be accepted and deposited by the District staff. The deposit will be
returned to the applicant by the District if: (1) the application is denied;
(2) if the application is granted, upon the receipt of correctly completed
driller's log of the well; or (3) if the Permit location is abandoned without
having been drilled or results in a dry hole, upon return and surrender of the
Permit marked "abandoned" by the applicant. In the event
that neither the driller's log of the well nor the Permit marked
"abandoned" is returned to the District office within eight (8)
months after application date of the Permit, the deposit becomes the property
of the District.
RULE 10.1 Operating Permit
Application Fee
Operating Permit
application fees:
Wells > 25,000 gpd $1000.00 per well
RULE 10.2 TRANPORT APPLICATION FEE
Transport Permit
application fees:
Wells <25,000 gpd $200.00 per well
Wells > 25,000 gpd $1000.00 per well
RULE 10.3 EXPORT or
Transport FEE In accordance with Section
36.122 of the In accordance with Section
36.205 of the Texas Water Code, the Board assesses a production fee of $10 per
acre-foot for water authorized to be withdrawn from a well for nonexempt wells
or well systems except agricultural wells. Operators of nonexempt wells shall
provide payment to the District each quarter. Nonexempt
wells used for agricultural purposes are assessed a fee of $ 0.50 per acre
foot. Payment shall be due
within thirty (30) days of the last day of March, June, September, and December
with their quarterly reports. Operators shall provide monthly production
records to document payment amount. The payment shall be accompanied by the
report form specified by the Board.
Each day that a
payment remains unpaid after it is due shall constitute a separate violation of
these Rules. A late payment charge equal to one percent per month following the
due date shall be assessed on past due production fees.
An entity holding a
permit issued by the Railroad Commission of Texas under Chapter 134, Natural
Resources Code, that authorized the drilling of a water well shall report
monthly to the District: (1) the total amount
of water withdrawn during the month; (2) the quantity of
water necessary for mining activities; and (3) the quantity of
water withdrawn for other purposes.
SECTION 11. REWORKING AND REPLACING A WELL
c) A Permit must
be applied for and granted by the District if a well owner or operator wishes
to replace an existing well with a replacement well. In the event the application
meets spacing (Rule 7.2) and production (Rule 7.1) requirements, the District
may grant such application without further notice.
d) A replacement well, in order to be considered such, must be
drilled within
100
feet of the existing well and shall not be drilled nearer the
property line provided the original well was "grandfathered" inside
the spacing requirements of Rule 7.2. e) In the event
the application meets spacing (Rule 7.2) and production (Rule 7.1)
requirements, the board may grant such application without further notice.
SECTION
12. WELL LOCATION AND COMPLETION After an
application for a well Permit has been granted, the well, if drilled, must be
drilled within ten (10) yards (30 feet) of the location specified in the
Permit, and not elsewhere. If the well should be commenced or drilled at a
different location, the drilling or operation of such well may be enjoined by
the Board pursuant to Chapter 36, Texas Water Code. As described in the Texas
Water Well Drillers' Rules, all well drillers and persons having a well
drilled, deepened, or otherwise altered shall adhere to the provisions of the
rule prescribing the location of wells and proper completion.
RULE 12.2 LOCATION OF DOMESTIC,
INDUSTRIAL, INJECTION, AND IRRIGATION WELLS: a) A well must
be located a minimum horizontal distance of 100 feet from any
water-tight sewage collection system or liquid-waste collection facility. b) A well must
be located a minimum horizontal distance of 100 feet from any potential
source of contamination, such as existing or proposed livestock or poultry
yards, privies, and septic system absorption fields. c) A well must
be located at a site not generally subject to flooding; provided, however, that
if a well must be placed in a flood prone area, it must be completed with a
watertight sanitary well seal and steel casing extending a minimum of 24
inches above the known flood level. d) No well may
be located within five-hundred (500) feet of a sewage treatment plant, solid
waste disposal site, or land irrigated by sewage plant effluent, or within
three-hundred (300) feet of a sewage wet well, sewage pumping station, or a
drainage ditch that contains industrial waste discharges or effluent from
sewage treatment systems. Water well
drillers must indicate the method of completion performed on the Well Report
(TNRCC-0199) Section 10 Surface Completion. Domestic, municipal, industrial,
injection, and irrigation wells must be completed in accordance with the
following specifications and in compliance with local county or incorporated
city ordinances: a) The annular
space between the borehole and the casing shall be filled from the ground level
to the top of the water bearing strata or
100 feet below the land surface or well head with
cement slurry, or bentonite grout. b) All wells
shall have a concrete slab or sealing block above the cement slurry around the
well at the ground surface. c) The slab or
block shall extend at least two (2) feet from the well in all directions
and have a minimum thickness of four inches and shall be separated from
the well casing by a plastic or mastic coating or sleeve to prevent bonding of
the slab to the casing. d) The surface
of the slab shall be sloped to drain away from the well. In all wells: The casing shall
extend a minimum of one foot above the original ground surface; and A slab or block
as described in Paragraph (2) (a) is required above the cement slurry except
when a pitless adapter is used. Pitless adapters may be used in such wells
provided that: Pitless adapter
is welded to the casing or fitted with another suitably effective seal; and The annular
space between the borehole and the casing is filled with cement to a depth not
less than 15 feet below the adapter connection. f) All wells,
especially those that are gravel packed, shall be completed so that aquifers or
zones containing waters that are known to differ significantly in quality are
not allowed to commingle through the borehole-casing annulus or the gravel pack
and cause quality degradation of any aquifer or zone. g) The well
casing shall be capped or completed in a manner that will prevent pollutants
from entering the well. a) The well
owner or operator shall have the continuing responsibility of insuring that a
well does not allow commingling of undesirable water and fresh water or the
unwanted loss of water through the wellbore to other porous strata. b) If a well is
allowing the commingling of undesirable water and fresh water or the unwanted
loss of water, and the casing in the well cannot be removed and the well
re-completed within the applicable rules, the casing in the well shall be
perforated and cemented in a manner that will prevent the commingling or loss
of water. If such a well has no casing, then the well shall be cased and
cemented, or plugged in a manner that will prevent such commingling or loss of
water. c) The District
may direct the well owner or operator to take steps to prevent the commingling
of undesirable water and fresh water, or the unwanted loss of water.
SECTION
13. WASTE AND BENEFICIAL USE a) Groundwater
shall not be produced within, or used within or without the District, in such a
manner as to constitute waste as defined in Rule 1, Section (1) hereof. b) No person
shall pollute or harmfully alter the character of the underground water
reservoir of the District by means of salt water of other deleterious matter
admitted from some other stratum or strata from the surface of the ground. c) No person
shall commit waste as that term is defined in Section 1. The District
conducts two general types of hearings: hearings involving Permit matters, in
which the rights, duties, or privileges of a party are determined after an
opportunity for an adjudicative hearing, and rulemaking hearings involving
matters of general applicability that implement, interpret, or prescribe the
law or District policy, or that describe the procedure or practice requirements
of the District. Any matter designated for hearing before the District may be
referred by the Board for hearing before a Hearing Examiner. a) Permit
Hearings: 1) Permit
Applications, Amendments and Revocations: The District will hold hearings
on water well Drilling Permits, Operating Permits, Transport Permit, Permit
renewals or amendments and Permit revocations or suspensions. Hearings
involving Permit matters may be scheduled before a Hearing Examiner. 2) Hearings
on Motions for Rehearing: Motions for Rehearing will be heard by the Board
pursuant to Rule 14.8(b). b) Rule-making
Hearings: 1) District
Management Plan: At its discretion, the Board may hold a hearing to
consider adoption of a new District Management Plan. 2) Other
Matters: A public hearing may be held on any matter within the jurisdiction
of the District, if the Board deems a hearing to be in the public interest, or
necessary to effectively carry out the duties and responsibilities of the
District.
RULE 14.2
NOTICE AND SCHEDULING OF HEARINGS: The General
Manager, as instructed by the Board, is responsible for giving notice of all
hearings in the following manner: a) Notice will
be given to each person who requests copies of hearing notices pursuant to the
procedures set forth in subsection (b), and any other person the Board of
Directors deem appropriate. The date of delivery or mailing of notice may not
be less than ten calendar days before the date set for the hearing. Notice of
hearing will be published at least once in a newspaper of general circulation
in the District. The date of publication may not be less than ten calendar days
before the date set for the hearing. A copy of the
notice will be posted at the county courthouse in the place where notices are
usually posted. The date of posting may not be less than ten calendar days
before the date of the hearing. In addition to
the notices required above, when a hearing involves an Operating Permit, or
Transport Permit matter, notice of the date, time, and location of the hearing
will be given to the Applicant at least ten calendar days before the day of the
hearing. In addition to
the notice required above, when a hearing involves designation of a Production
Limitation Management Area, a copy of the notice must be provided to each
landowner, well owner, well operator and known groundwater permit holder in the
proposed management area. b) Any person
having an interest in the subject matter of a hearing or hearings may receive
written notice of such hearing or hearings by submitting a request in writing
to the District. The request must identify with as much specificity as possible
the hearing or hearings for which written notice is requested. The request
remains valid for a period of one year from the date of the request, after
which time a new request must be submitted. Failure to provide written notice
under this section does not invalidate any action taken by the District. c) Hearings may
be scheduled during the District's regular business hours, Monday through
Friday of each week, except District holidays. Permit hearings will normally be
held at the District Office. However, the Board may from time to time change or
schedule additional dates, times, and places for Permit hearings by resolution
adopted at a regular Board meeting. The General Manager is instructed by the
Board to schedule hearings involving Permit matters at such dates, times, and
places set forth above for Permit hearings. Other hearings will be scheduled at
the dates, times and locations set at a regular Board meeting. a) Authority
of Presiding Officer: The presiding officer may conduct the hearing or
other proceeding in the manner the presiding officer deems most appropriate for
the particular proceeding. The presiding officer has the authority to: 1) set hearing
dates, other than the initial hearing date for Permit matters set by the
District in accordance with Rule 14.2(c); 2) convene the
hearing at the time and place specified in the notice for public hearing; 3) establish the
jurisdiction of the District concerning the subject matter under consideration; 4) rule on
motions and on the admissibility of evidence and amendments to pleadings; 5) designate and
align parties and establish the order for presentation of evidence; 6) administer
oaths to all persons presenting testimony; 7) examine
witnesses; 8) issue
subpoenas when required to compel the attendance of witnesses or the production
of papers and documents; 9) require the
taking of depositions and compel other forms of discovery under these Rules; 10) ensure that
information and testimony are introduced as conveniently and expeditiously as
possible, without prejudicing the rights of any party to the proceeding; 11) conduct
public hearings in an orderly manner in accordance with these Rules; 12) recess any
hearing from time to time and place to place; 13) reopen the
record of a hearing for additional evidence when necessary to make the record
more complete; and 14) exercise any
other appropriate powers necessary or convenient to effectively carry out the
responsibilities of presiding officer. b) Hearing
Registration Forms: Each individual attending a hearing or other proceeding
of the District must submit a form providing the following information: name;
address; whether the person plans to testify; and any other information
relevant to the hearing or other proceeding. c) Appearance;
Representative Capacity: Any interested person may appear in person or may
be represented by counsel, engineer, or other representative provided the
representative is fully authorized to speak and act for the principal. Such
person or representative may present evidence, exhibits, or testimony, or make
an oral presentation in accordance with the procedures applicable to the
particular proceeding. Any partner may appear on behalf of the partnership. A
duly authorized officer or agent of a public or private corporation, political
subdivision, governmental agency, municipality, association, firm, or other
entity may appear for the entity. A fiduciary may appear for a ward, trust, or
estate. A person appearing in a representative capacity may be required to
prove proper authority. d) Alignment
of Parties; Number of Representatives Heard: Participants in a proceeding
may be aligned according to the nature of the proceeding and their relationship
to it. The presiding officer may require the participants of an aligned class
to select one or more persons to represent them in the proceeding or on any
particular matter or ruling and may limit the number of representatives heard,
but must allow at least one representative of an aligned class to be heard in
the proceeding or on any particular matter or ruling. e) Appearance
by Applicant or Movant: The Applicant, movant or party requesting the
hearing or other proceeding or a representative should be present at the
hearing or other proceeding. Failure to so appear may be grounds for
withholding consideration of a matter and dismissal without prejudice or may
require the rescheduling or continuance of the hearing or other proceeding if
the presiding officer deems it necessary in order to fully develop the record. f) Reporting:
Hearings and other proceedings will be recorded on audio cassette tape or, at
the discretion of the presiding officer, may be recorded by a certified
shorthand reporter. The District does not prepare transcripts of hearings or
other proceedings recorded on audio cassette tape on District equipment for the
public, but the District will arrange access to the recording. Subject to
availability of space, any party may, at their own expense, arrange for a
reporter to report the hearing or other proceeding or for recording of the
hearing or other proceeding. The cost of reporting or transcribing a Permit
hearing may be assessed in accordance with Rule 14.5(b). If a proceeding other
than a Permit hearing is recorded by a reporter, and a copy of the transcript
of testimony is ordered by any person, the testimony will be transcribed and
the original transcript filed with the papers of the proceeding at the expense
of the person requesting the transcript of testimony. Copies of the transcript
of testimony of any hearing or other proceeding thus reported may be purchased
from the reporter. g) Continuance:
The presiding officer may continue hearings or other proceedings from time to
time and from place to place without the necessity of publishing, serving,
mailing or otherwise issuing a new notice. If a hearing or other proceeding is
continued and a time and place (other than the District Office) for the hearing
or other proceeding to reconvene are not publicly announced at the hearing or
other proceeding by the presiding officer before it is recessed, a notice of
any further setting of the hearing or other proceeding will be delivered at a
reasonable time to all parties, persons who have requested notice of the
hearing pursuant to Rule 14.2(b), and any other person the presiding officer
deems appropriate, but it is not necessary to post at the county courthouses or
publish a newspaper notice of the new setting. h) Filing of
Documents; Time Limit: Applications, motions, exceptions, communications,
requests, briefs or other papers and documents required to be filed under these
rules or by law must be received in hand at the District's Office within the
time limit, if any, set by these rules or by the presiding officer for filing.
Mailing within the time period is insufficient if the submissions are not
actually received by the District within the time limit. i) Computing
Time: In computing any period of time specified by these rules,
by a presiding officer, by Board orders, or by law, the day of the act, event,
or default after which the designated period of time begins to run is not
included, but the last day of the period computed is included, unless the last
day is a Saturday, Sunday or legal holiday as determined by the Board, in which
case the period runs until the end of the next day which is neither a Saturday,
Sunday nor a legal holiday. j) Affidavit: Whenever
the making of an affidavit by a party to a hearing or other proceeding is
necessary, it may be made by the party or the party's representative or
counsel. This rule does not dispense with the necessity of an affidavit being
made by a party when expressly required by statute. k) Broadening the Issues: No person will be
allowed to appear in any hearing or other proceeding that in the opinion of the
presiding officer is for the sole purpose of unduly broadening the issues to be
considered in the hearing or other proceeding.
a) Written
Notice of Intent to Contest: Any person who intends to contest a Permit
application must provide written notice of that intent to the District office
located at b) Informal
Hearings: Permit hearings may be conducted informally when, in the judgment
of the Hearing Examiner, the conduct of a proceeding under informal procedures
will save time or cost to the parties, lead to a negotiated or agreed
settlement of facts or issues in controversy, and not prejudice the rights of
any party. c) Agreement of Parties: If, during an informal proceeding,
all parties reach a negotiated or agreed settlement which, in the judgment of
the Hearing Examiner, settles the facts or issues in controversy, the
proceeding will be considered an uncontested case and the Hearing Examiner will
summarize the evidence, make findings of fact and conclusions of law based on
the existing record and any other evidence submitted by the parties at the
hearing.
a) Prehearing
Conference: A prehearing conference may be held to consider any matter
which may expedite the hearing or otherwise facilitate the hearing process. 1) Matters
Considered: Matters which may be considered at a prehearing conference
include, but are not limited to, (1) the designation of parties; (2) the
formulation and simplification of issues; (3) the necessity or desirability of
amending applications or other pleadings; (4) the possibility of making
admissions or stipulations; (5) the scheduling of discovery; (6) the
identification of and specification of the number of witnesses; (7) the filing
and exchange of prepared testimony and exhibits; and (8) the procedure at the
hearing. 2) Notice:
A prehearing conference may be held at a date, time, and place stated in a
separate notice given in accordance with Rule 14.2, or at the date, time, and
place for hearing stated in the notice of public hearing, and may be continued
from time to time and place to place, at the discretion of the Hearing
Examiner. 3) Conference
Action: Action taken at a prehearing conference may be reduced to writing
and made a part of the record or may be stated on the record at the close of
the conference. b) Assessing
Reporting and Transcription Costs: Upon the timely request of any party, or
at the discretion of the Hearing Examiner, the Hearing Examiner may assess
reporting and transcription costs to one or more of the parties. The Hearing
Examiner must consider the following factors in assessing reporting and
transcription costs: 1. the party in
which requested the transcript; 2. the financial
ability of the party to pay the costs; 3. the extent to
which the party participated in the hearing; 4. the relative
benefits to the various parties of having a transcript; 5. the budgetary
constraints of a governmental entity participating in the proceeding; 6. any other
factor that is relevant to a just and reasonable assessment of costs. In any
proceeding where the assessment of reporting or transcription costs is an
issue, the Hearing Examiner must provide the parties an opportunity to present
evidence and argument on the issue. A recommendation regarding the assessment
of costs must be included in the Hearing Examiner's report to the Board. c) Designation
of Parties: Parties to a hearing will be designated on the first day of
hearing or at such other time as the Hearing Examiner determines. The Board of
Directors and any person specifically named in a matter are automatically
designated parties. Persons other than the automatic parties must, in order to
be admitted as a party, appear at the proceeding in person or by representative
and seek to be designated. After parties are designated, no other person may be
admitted as a party unless, in the judgment of the Hearing Examiner, there
exists good cause and the hearing will not be unreasonably delayed. d) Rights of
Designated Parties: Subject to the direction and orders of the Hearing
Examiner, parties have the right to conduct discovery, present a direct case,
cross-examine witnesses, make oral and written arguments, obtain copies of all
documents filed in the proceeding, receive copies of all notices issued by the
District concerning the proceeding, and otherwise fully participate in the
proceeding. e) Persons
Not Designated Parties: At the discretion of the Hearing Examiner, persons
not designated as parties to a proceeding may submit comments or statements,
orally or in writing. Comments or statements submitted by non-parties may be
included in the record, but may not be considered by the Hearing Examiner as
evidence. f) Furnishing
Copies of Pleadings: After parties have been designated, a copy of every
pleading, request, motion, or reply filed in the proceeding must be provided by
the author to every other party or the party's representative. A certification
of this fact must accompany the original instrument when filed with the
District. Failure to provide copies may be grounds for withholding
consideration of the pleading or the matters set forth therein. g) Interpreters
for Deaf Parties and Witnesses: If a party or subpoenaed witness in a
contested case is deaf, the District must provide an interpreter whose qualifications
are approved by the State Commission for the Deaf and Hearing Impaired to
interpret the proceedings for that person. "Deaf person" means a
person who has a hearing impairment, whether or not the person also has a
speech impairment that inhibits the person's comprehension of the proceedings
or communication with others. h) Agreements to be in Writing: No agreement between
parties or their representatives affecting any pending matter will be
considered by the Hearing Examiner unless it is in writing, signed, and filed
as part of the record, or unless it is announced at the hearing and entered as
record. i) Discovery:
Discovery will be conducted upon such terms and conditions, and at such times
and places, as directed by the Hearing Examiner. Unless specifically modified
by these rules or by order of the Hearing Examiner, discovery will be governed
by, and subject to the limitations set forth in, the Texas Rules of Civil
Procedure. In addition to the forms of discovery authorized under the Texas
Rules of Civil Procedure, the parties may exchange informal requests for
information, either by agreement or by order of the Hearing Examiner. j) Discovery
Sanctions: If the Hearing Examiner finds a party is abusing the discovery
process in seeking, responding to, or resisting discovery, the Hearing Examiner
may: 1) suspend
processing of the application for a Permit if the applicant is the offending
party; 2) disallow any
further discovery of any kind or a particular kind by the offending party; 3) rule that
particular facts be regarded as established against the offending party for the
purposes of the proceeding, in accordance with the claim of the party obtaining
the discovery ruling; 4) limit the
offending party's participation in the proceeding; 5) disallow the offending
party's presentation of evidence on issues that were the subject of the
discovery request; and 6) recommend to
the Board that the hearing be dismissed with or without prejudice. k) Ex Parte
Communications: The Hearing Examiner may not communicate, directly or
indirectly, in connection with any issue of fact or law with any agency,
person, party, or their representatives, except on notice and opportunity for
all parties to participate. This provision does not prevent communications with
staff of an agency other than the District not directly involved in the hearing
to utilize the special skills and knowledge of the agency in evaluating the
evidence. l) Compelling
Testimony; Swearing Witnesses and Subpoena Power: The Hearing Examiner may
compel the testimony of any person which is necessary, helpful, or appropriate
to the hearing. The Hearing Examiner will administer the oath in a manner
calculated to impress the witness with the importance and solemnity of the
promise to adhere to the truth. The Hearing Examiner may issue subpoenas to
compel the testimony of any person and the production of books, papers,
documents, or tangible things, in the manner provided in the Texas Rules of
Civil Procedure. m) Evidence:
Except as modified by these rules, the Texas Rules of Civil Evidence govern the
admissibility and introduction of evidence; however, evidence not admissible
under the Texas Rules of Civil Evidence may be admitted if it is of the type
commonly relied upon by reasonably prudent persons in the conduct of their
affairs. In addition, evidence may be stipulated by agreement of all parties. n) Written
Testimony: When a proceeding will be expedited and the interest of the
parties will not be prejudiced substantially, testimony may be received in
written form. The written testimony of a witness, either in narrative or
question and answer form, may be admitted into evidence upon the witness being
sworn and identifying the testimony as a true and accurate record of what the
testimony would be if given orally. The witness will be subject to clarifying
questions and to cross-examination, and the prepared testimony will be subject
to objection. o) Requirements
for Exhibits: Exhibits of a documentary character must be sized to not
unduly encumber the files and records of the District. All exhibits must be
numbered and, except for maps and drawings, may not exceed 8-1/2 by 11 inches
in size. p) Abstracts of Documents: When documents are numerous, the
Hearing Examiner may receive in evidence only those which are representative
and may require the abstracting of relevant data from the documents and the
presentation of the abstracts in the form of an exhibit. Parties have the right
to examine the documents from which the abstracts are made.
a) Closing
the Record; Final Report: At the conclusion of the presentation of evidence
and any oral argument, the Hearing Examiner may either close the record or keep
it open and allow the submission of additional evidence, exhibits, briefs, or
proposed findings and conclusions from one or more of the parties. No
additional evidence, exhibits, briefs, or proposed findings and conclusions may
be filed unless permitted or requested by the Hearing Examiner. After the
record is closed, the Hearing Examiner will prepare a report to the Board. The
report must include a summary of the evidence, together with the Hearing
Examiner's findings and conclusions and recommendations for action. Upon
completion and issuance of the Hearing Examiner's report, a copy must be
submitted to the District and delivered to each party to the proceeding. In a
contested case, delivery to the parties must be by certified mail. b) Exceptions
to the Hearing Examiner's Report; Reopening the Record: Prior to Board
action any party in a contested case may file written exceptions to the Hearing
Examiner's report, and any party in an uncontested case may request an
opportunity to make an oral presentation of exceptions to the Board. Upon
review of the report and exceptions, the Hearing Examiner may reopen the record
for the purpose of developing additional evidence, or may deny the exceptions
and submit the report and exceptions to the Board. The Board may, at any time
and in any case, remand the matter to the Hearing Examiner for further
proceedings. c) Time for
Board Action on Certain Permit Matters: In the case of hearings involving
new Permit applications, original applications for existing wells, or
applications for Permit renewals or amendments, the Hearing Examiner's report
should be submitted, and the Board should act, within 60 calendar days after
the close of the hearing record.
RULE 14.7 RULEMAKING HEARINGS
PROCEDURES: a) General
Procedures: The presiding officer will conduct the rulemaking hearing in
the manner the presiding officer deems most appropriate to obtain all relevant
information pertaining to the subject of the hearing as conveniently,
inexpensively, and expeditiously as possible. The presiding officer may follow
the guidelines of "Parliamentary Procedure at a Glance," New Edition,
O. Garfield Jones, 1971 revised edition, or as amended. b) Submission
of Documents: Any interested person may submit written statements, protests
or comments, briefs, affidavits, exhibits, technical reports, or other
documents relating to the subject of the hearing. Such documents must be
submitted no later than the time of the hearing, as stated in the notice of
hearing given in accordance with Rule 14.2; provided, however, that the
presiding officer may grant additional time for the submission of documents. c) Oral
Presentations: Any person desiring to testify on the subject of the hearing
must so indicate on the registration form provided at the hearing. The
presiding officer establishes the order of testimony and may limit the number
of times a person may speak, the time period for oral presentations, and the
time period for raising questions. In addition, the presiding officer may limit
or exclude cumulative, irrelevant, or unduly repetitious presentations. d) Conclusion
of the Hearing; Closing the Record; Hearing Examiner's Report: At the
conclusion of the testimony, and after the receipt of all documents, the
presiding officer may either close the record, or keep it open to allow the
submission of additional information. If the presiding officer is a Hearing
Examiner, the Hearing Examiner must, after the record is closed, prepare a
report to the Board. The report must include a summary of the subject of the
hearing and the public comments received, together with the Hearing Examiner's
recommendations for action. Upon completion and issuance of the Hearing
Examiner's report, a copy must be submitted to the Board. Any interested person
who so requests in writing will be notified when the report is completed, and
furnished a copy of the report. e) Exceptions
to the Hearing Examiner's Report; Reopening the Record: Any interested
person may make exceptions to the Hearing Examiner's report, and the Board may
reopen the record, in the manner prescribed in Rule 14.6(b).
RULE 14.8 FINAL DECISION; APPEAL: a) Board
Action: After the record is closed and the matter is submitted to the
District, the Board may then take the matter under advisement, continue it from
day to day, reopen or rest the matter, refuse the action sought or grant the
same in whole or part, or take any other appropriate action. The Board action
takes effect at the conclusion of the meeting and is not affected by a motion
for rehearing. b) Requests
for Rehearing: Any decision of the Board on a matter may be appealed by
requesting a rehearing before the Board within 20 calendar days of the Board's
decision. Such a rehearing request must be filed at the District Office in
writing and must state clear and concise grounds for the request. Such a
rehearing request is mandatory with respect to any decision or action of the
Board before any appeal may be brought. The Board's decision is final if no
request for rehearing is made within the specified time, or upon the Board's
denial of the request for rehearing, or upon rendering a decision after
rehearing. If the rehearing request is granted by the Board, the date of the
rehearing will be within 45 calendar days thereafter, unless otherwise agreed
to by the parties to the proceeding. The failure of the Board to grant or deny
the request for rehearing within 90 calendar days of submission will be deemed
to be a denial of the request.
SECTION
15. INVESTIGATIONS AND ENFORCEMENT
RULE
15.1 NOTICE AND ACCESS TO PROPERTY: Board Members
and District agents and employees are entitled to access to all property within
the District to carry out technical and other investigations necessary to the
implementation of the District Rules. Prior to entering upon property for the
purpose of conducting an investigation, the person seeking access must give
notice in writing or in person or by telephone to the landowner, lessee, or operator,
agent, or employee of the well owner or operator, as determined by information
contained in the application or other information on file with the District.
Notice is not required if prior permission is granted to enter without notice.
Inhibiting or prohibiting access to any Board Member or District agents or
employees who are attempting to conduct an investigation under the District
Rules constitutes a violation and subjects the person who is inhibiting or
prohibiting access, as well as any other person who authorizes or allows such
action, to the penalties set forth in the Texas Water Code Chapter 36.102. RULE 15.1.1 RIGHT TO INSPECT, TEST, AND LOCATE WELLS
Upon notice as provided for
in Rule 15.1, and in accordance with provisions of Rule 15.2 (a) Any authorized officer,
employee, agent, or representative of the District shall have the right at all
reasonable times to enter upon the lands on which a well or wells may be
located within the boundaries of the District to: (1) inspect such well or
wells; (2) read or interpret any
meter, weir box or other instrument for the purpose of measuring production of
water from said well or wells; (3) determine the pumping
capacity of said well or wells; (4) measure the water level
or obtain water samples for determining the water quality of said well or
wells; (5) test the pump and the
power unit of the well or wells; (6) determine the
coordinates (location) of said well or wells using GPS or other available
methods; or (7) make any other
reasonable and necessary inspection and / or test that may be required or
necessary for the information or enforcement of the rules and regulations of
the District. (b) The operation of any well may be enjoined by the
Board immediately upon refusal to permit the gathering of information as
provided from such well or wells.
RULE 15.2 CONDUCT OF INVESTIGATION: Investigations
or inspections that require entrance upon property must be conducted at
reasonable times, and must be consistent with the establishment's rules and
regulations concerning safety, internal security, and fire protection. The
persons conducting such investigations must identify themselves and present
credentials upon request of the owner, lessee, operator, or person in charge of
the well. If it appears
that a person has violated, is violating, or is threatening to violate any
provision of the District Rules the Board of Directors may institute and
conduct a suit in the name of the District for enforcement of rules through the
provisions of Chapter 36.102 Texas Water Code. Following
due-process, the District may, upon orders from a court, seal wells that are
prohibited from withdrawing groundwater within the District by the District
Rules to ensure that a well is not operated in violation of the District Rules.
A well may be sealed when: (1) no application has been made for a Permit to
drill a new water well which is not excluded or exempted; or (2) no application
has been made for an Operating Permit to withdraw groundwater from an
existing well that is not excluded or exempted from the requirement that a
Permit be obtained in order to lawfully withdraw groundwater; or (3) the Board
has denied, canceled or revoked a drilling Permit or an Operating Permit. The well may be
sealed by physical means, and tagged to indicate that the well has been sealed
by the District, and other appropriate action may be taken as necessary to
preclude operation of the well or to identify unauthorized operation of the
well. Tampering with,
altering, damaging, or removing the seal of a sealed well, or in any other way
violating the integrity of the seal, or pumping of groundwater from a well that
has been sealed constitutes a violation of these rules and subjects the person
performing that action, as well as any well owner or primary operator who
authorizes or allows that action, to such penalties as provided by the District
Rules. In order to provide for the “grandfathering” of
existing non exempt water wells, a certification of validation
for a well can be issued only after the location of the well and the wellhead equipment
of the well has been determined by field survey by District personnel, and/or
designated agents acting for the District. A well owner or agent may apply to
the District for validation. The costs to the well owner or the well owner’s
agent shall be set by the Board. The Board on its own initiative may cause to
be issued a validation certificate for wells drilled and equipped within the District
for which the landowner or his agent has not applied for a Permit or for wells
not otherwise properly permitted, provided that such wells were not drilled,
equipped and operated (pumped) in such a manner as to violate any other Rules
and regulations of the District. To the extent available, the well owner shall
provide all of the information required in Rules 5 and 6 and as may otherwise
be requested by the District.
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