District Rules

 

Table of Contents

The following rules are the final approved versions. To review rules which are pending discussion and approval, go to the Pending Rules page

Section 1. Authority of District, Purpose of Rules

Section 2. Board

Section 3. Staff

Section 4. Definitions

Section 5. Well Registration, Permitting and Fee Schedule

5.1 Well Registrations

 

Section 6. Well Construction and Completion Standards

6.1 Definitions
6.2 Well Construction and Completion Process
6.3 Well Construction and Completion Standards

Section 7. Well Spacing Requirements

Section 8. Abandoned Wells

Section 9. Drought and Conservation Plan

9.1 Declaration of Policy, Purpose, Authority, and Intent
9.2 Public Involvement
9.3 Public Education
9.4 Coordination with Local River Authority, Regional Planning Groups and other district governing bodies
9.5 Authorization
9.6 Application
9.7 Definitions
9.8 Triggering Criteria for Initiation and Termination of Drought Stages
9.9 Drought Stage Response
9.10 Enforcement
9.11 Variances

Section 10. Water Availability

Section 11. Transportation of Groundwater out of the District

Section 12. Investigations and Enforcement

12.1 Notice and Access to Property
12.2 Investigation of Possible Violation(s)
12.3 Rule Enforcement
12.4 Sealing, Capping, and Plugging Wells

Section 13. Hearings

Section 14. Fees

14.1 Fee Schedule
14.2 Notice of Intent Fee
14.3 Production Fee
14.4 Recharge Credits
14.5 Enforcement

Section 15. Forms

 

Section 4.        Definitions

A. “Agricultural Well” means a well used for agricultural activities listed under section 36.001 (19) of the Texas Water Code.

B. “Board” means the Board of Directors of the District.

C. “District” means the Trinity Glen Rose Groundwater Conservation District.

D. “District Act” means HB 2005, 77th Legislature and the non-conflicting provisions of Chapter 36, Texas Water Code.

E. “District Office” means the office of the District as established by the Board

F. “Groundwater” means water located beneath the earth’s surface within the District but does not include water produced with oil in the production of oil and gas.

G. “Landowner” means the person who holds title to the land surface or if the title to percolating groundwater has been severed from the title to the land surface, then the person who holds title to the percolating groundwater.

I. “Person” includes corporation, individual, organization, government or governmental subdivision or agency, business trust, estate, partnership, association, or any other legal entity.
 
J. “Registration” means providing information to the District on forms approved by the Board of Directors.

K. “Rules” means the rules and regulations of the District as stated herein and as may be supplemented or amended from time to time.

L. The “Trinity Aquifer” means the Trinity Group aquifer of Cretaceous age that overlies rocks of Paleozoic age and is overlain by younger rocks of the Fredericksburg Group (Cretaceous age). The Trinity Group is divided into the following formations in order from the oldest to youngest: Travis Peak and Glen Rose. The Travis Peak Formation is subdivided into the following members in order from oldest to youngest: Hosston Sand, Sligo Limestone, Hammett Shale, Cow Creek Limestone, and Bexar Shale and Hensell Sand. The Bexar Shale is a finer grain, gradational marine shale that was deposited at the same time as the Hensell Sand.

M. “Well” means any facility, device, or method used to withdraw groundwater from the groundwater supply within the District.

N. “Well owner” means the person who owns the land upon which a well is located or is to be located or the person who owns a lease which permits the drilling of a well.

O. “Well Operator" means the person who operates a well or a water distribution system supplied by a well.

P. “Withdraw” means the act of extracting groundwater by pumping or some other method.
 

Section 5. Well Registration and Permitting

5.1              Well Registration

5.1.1        As of the effective date of these rules, all wells within the District are required to be registered with the District on District forms. Information on the form shall include the owner’s name, mailing address, well location, well size, use and any other information the District may determine to be needed.  The District well registration form is attached to these rules as Form #1. 

5.1.2        No person shall construct, drill, modify, complete, change type of use, plug, abandon or alter the size of a well in the District without District authorization. Prior to conducting any of the above activities on any well or aquifer penetration in the District, the owner must complete and submit to the District a notice of intent to drill or modify a well form and pay the applicable fee. Information on the form shall include the owner’s name, mailing address, phone number, well location, well size, use, production rates, distance from nearest property line, building, road, stream, existing well, or septic tank, and any other information the District may determine to be of need.  The District’s notice of intent to drill or modify a well form is attached to these rules as Form #2.  District authorization to drill or modify a well is evidenced by the issuance a certificate of authorization to drill or modify a well in the form attached to these rules as Form #3.   District personnel shall be given access to the property to inspect the well and complete the well inventory.

a)                  The following activities are not considered to be well modifications that require the filing of a notice of intent:

i)                    replacing a pump or pump motor of equal size;

ii)                   repair or replacing pipe and fittings;

iii)                 normal maintenance and repairs that do not increase the productive capacity of the well.

b)                  In an emergency situation in which immediate action is required to bring a well back into service, such as replacing a pump or pump motor (even if the replacement motor has a greater horsepower), the lowering of a pump, the deepening of a well, or other activity required to bring a well that is in service back into service, the notice of intent shall be filed as soon as reasonably possible after the emergency activities are completed.

5.1.3        All wells registered with the District shall be classified by the District according to use.  The well will be identified by the State numbering system along with longitude and latitude and identified on a USGS quadrangle map.

5.1.4.      The District reserves the right, to the extent allowed by law, to adopt, revise, and supercede rules applicable to registered wells and to require the owner of a registered well to obtain a permit if the well is not exempt from the District’s permitting requirements.  The receipt of the well registration by the District or the issuance of authority to drill or modify a well shall not limit the District’s authority to regulate a well or the production of water from a well, unless the well is otherwise exempt from such authority.

 

Section 6. Well Completion and Construction Standards

Section 6.1 Definitions

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

 


(1) Abandoned well - A well that has not been in use for six (6) consecutive months. A well is considered to be in use if:

 

(A) the well is not a deteriorated well, contains the casing, pump, and pump column in good condition and, where required, is properly registered with the District; or

(B) the well is not a deteriorated well, has been capped and, where required, is properly registered with the District.

(2) Annular space - The space between the casing and borehole wall.

(3) Artesian well – A well where the groundwater level or potentiometric surface is above the top of the geologic unit containing the aquifer.

(4) Atmospheric barrier - A section of cement placed from two feet below land surface to the land surface when using granular sodium bentonite as a casing sealant or plugging sealant in lieu of cement.

(5) Bentonite - A sodium hydrous aluminum silicate clay mineral (montmorillonite) commercially available in powdered, granular, or pellet form that is mixed with potable water and used for a variety of purposes including the stabilization of borehole walls during drilling, the control of potential or existing high fluid pressures encountered during drilling below a water table, and to provide a seal in the annular space between the well casing and borehole wall.

(6) Capped well - A well that is closed or capped with a covering capable of preventing surface pollutants from entering the well. The cap must be able to sustain weight of at least 400 pounds per square inch and constructed in such a way that it cannot be easily removed by hand.

(7) Casing - A watertight pipe installed in an excavated or drilled hole, temporarily or permanently, to maintain the hole sidewalls against caving, and in conjunction with grouting, to confine the groundwaters to their respective zones of origin, and to prevent surface contaminant infiltration.

 

(A) Plastic casing - shall be National Sanitation Foundation (NSF); or American Society of Testing Material (ASTM) F-480 minimum SDR 26 approved water well casing.

(B) Steel casing - shall be ASTM A-53 Grade B or better and have a minimum weight and thickness of American National Standards Institute (ANSI) schedule 40.

(C) Monitoring wells may use other materials, such as fluoropolymer, glassfiber-reinforced epoxy, or various stainless steel alloys.

(8) Chemigation - A process whereby pesticides, fertilizers or other chemicals, or effluent from animal wastes are added to irrigation water applied to land or crops, or both, through an irrigation distribution system.

(9) Closed system geothermal well – A well used to circulate water, other fluids, or gases through the earth as a heat source or heat sink.

(10) Completed monitoring well - A monitoring well that allows water from a single water-producing zone to enter the well bore, but isolates the single water-producing zone from the surface and from all other water-bearing zones by proper casing or grouting procedures. The single water-producing zone shall not include more than one continuous water-producing unit unless a qualified geologist or groundwater hydrologist has determined that all the units screened or sampled by the well are interconnected naturally.

(11) Completed to produce undesirable water - A completed well designed to extract water from a zone that contains undesirable water.

(12) Completed water well - A water well that has sealed off access of undesirable water to the well bore by proper casing or grouting procedures.

(13) Constituents - Elements, ions, compounds, or substances that may cause the degradation of the soil or ground water.

(14) Continuous injection method – A grout placement method whereby grout is placed by float shoe continuous injection method, after water or other drilling fluid has been circulated in the annular space sufficient to clear obstructions. The bottom of the casing shall be fitted with a suitable drillable float shoe equipped with a backpressure valve. Tubing or pipe shall be run to the float shoe to which it shall be connected by a bayonet fitting, left hand thread coupling, or similar release mechanism. Water or other drilling fluid shall be circulated through the tubing and up through the annular space surrounding the casing. When the annular space surrounding the casing is clean and open, grout shall be pumped down the pipe or tubing and forced by continual pumping out into the annular space surrounding the casing. Pumping shall continue until the entire annular space surrounding the casing is filled. The grouting pipe shall then be detached from the float shoe and raised to the surface for flushing. After the grout has set, the float shoe, backpressure valve, and any plug remaining in the bottom of the casing shall be drilled out.

(15) Department - The Texas Department of Licensing & Regulation.

(16) Deteriorated well - A well that, because of its condition, will cause, or is likely to cause, pollution of any water in the state, including any groundwater, or cause a public nuisance.

(17) Dewatering well - An artificial excavation constructed to produce groundwater to cause a lowering of the water table or potentiometric surface. The term shall not include any dewatering well used for the production of, or to facilitate the production of, any mineral under a state regulatory program.

(18) Dewatering well driller - A person who drills, bores, cores, or constructs a dewatering well. The term includes the owner or operator of a well or the contractor or drilling supervisor. The term does not include a person who acts under the direct supervision of a dewatering well driller and is not primarily responsible for the drilling operation.

(19) Driller - A water well driller, injection well driller, dewatering well driller, or monitoring well driller.

(20) Dry litter poultry facility - Fully enclosed poultry operation where wood shavings or similar material is used as litter.

(21) Edwards Aquifer well – Any water well, injection well, dewatering well, or monitoring well located within the boundaries of the District that:

 

(A) is constructed for the purpose of exploring for or producing groundwater from the Edwards Aquifer; or

(B) passes through the Edwards Aquifer and is constructed for the purpose of exploring for or producing groundwater from an aquifer other than the Edwards Aquifer.

(22) Environmental soil borings - An artificial excavation constructed to measure or monitor the quality and quantity or movement of substances, elements, chemicals, or fluids beneath the surface of the ground. The term shall not include any well used in conjunction with the production of oil, gas, or any other minerals.

(23) Flapper - The clapper, closing or checking device within the body of a check valve.

(24) Foreign substance - Constituents that may include recirculated tailwater and open ditch water when a pump discharge pipe is submerged in the ditch.

(25) Freshwater - Water whose bacteriological, physical, and chemical properties are such that it is suitable and feasible for beneficial use.

(26) Granular sodium bentonite - Sized, coarse ground, untreated, sodium based bentonite (montmorillonite) that has the specific characteristic of swelling in freshwater.

(27) Grout – A fluid mixture of the following types of materials of a consistency that can be forced through a pipe and placed in the annular space between the borehole and the casing to form an impermeable seal:

 

(A) Cement grout - A neat portland or construction cement mixture of not more than seven gallons of water per 94-pound sack of dry cement, or a cement that contains cement along with bentonite, gypsum or other additives.

(B) Bentonite grout - A fluid mixture of sodium bentonite and potable water mixed at manufacturer’s specifications to a slurry consistency that can be pumped through a pipe directly into the annular space between the casing and the borehole wall. Its primary function is to seal the annular space in order to prevent the vertical subsurface migration or communication of fluids in the annular space.

(C) Cement-bentonite grout – A mixture of one (1) 94-pound sack of dry cement to 7 ½ gallons of clean water and 2% to 6% bentonite (by weight 2 to 6 pounds) to increase fluidity and to control shrinkage.

(28) Injection well - Includes:

 

(A) 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;

(B) A cooling water return flow well used to inject water previously used for cooling;

(C) A drainage well used to drain surface fluid into a subsurface formation;

(D) A recharge well used to replenish the water in an aquifer;

(E) A saltwater intrusion barrier well used to inject water into a freshwater aquifer to prevent the intrusion of salt water into the freshwater;

(F) A sand backfill well used to inject a mixture of water and sand, mill tailings, or other solids into subsurface mines;

(G) A subsidence control well used to inject fluids into a non-oil producing or non-gas producing zone to reduce or eliminate subsidence associated with the overdraft of freshwater; and

(H) A closed system geothermal well used to circulate water, other fluids, or gases through the earth as a heat source or heat sink.

(29) Injection well driller - A person who drills, bores, cores, or constructs an injection well. The term includes the owner or operator of a well or the contractor or drilling supervisor. The term does not include a person who acts under the direct supervision of an injection well driller and is not primarily responsible for the drilling operation.

(30) Installer - A person who installs or repairs well pumps and equipment. The term does not include a person who:

 

(A) installs or repairs well pumps and equipment on the person’s own property for the person’s own use; or

(B) assists in pump installation under the direct supervision of an installer and is not primarily responsible for the installation.

(31) Irrigation distribution system - A device or combination of devices having a hose, pipe, or other conduit that connects directly to any water well or reservoir connected to the well, through which water or a mixture of water and chemicals is drawn and applied to land. The term does not include any hand held hose sprayer or other similar device constructed so that an interruption in water flow automatically prevents any backflow to the water source.

(32) Licensed driller - Any person who holds a license issued pursuant to the provisions of Chapter 32, TEXAS WATER CODE or Chapter 1901, TEXAS OCCUPATIONS CODE.

(33) Licensed installer - A person who holds a license issued under Chapter 33, TEXAS WATER CODE or Chapter 1902, TEXAS OCCUPATIONS CODE.

(34) Monitoring well - An artificial excavation constructed to measure or monitor the quality, quantity or movement of substances, elements, chemicals, or fluids beneath the surface of the ground. Included within this definition are environmental soil borings, piezometer wells, observation wells, and recovery wells. The term shall not include any well used in conjunction with the production of oil, gas, coal, lignite, or any other minerals.

(35) Monitoring well driller - A person who drills, bores, cores, or constructs a monitoring well. The term includes the owner or operator of a well or the contractor or drilling supervisor.

(36) Mud - A relatively homogenous, viscous fluid produced by the suspension of clay-size particles in water or the additives of bentonite or polymers.

(37) Packer - A short expandable-retractable device deliberately set in a well bore to prevent upward or downward fluid movement. The device may be either permanent or removable.

(38) Plugging - An absolute sealing of the well bore.

(39) Pollution - The alteration of the physical, thermal, chemical, or biological quality of any water in the state, or the contamination of any water in the state, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, property, or public health, safety, or welfare or that impairs the usefulness of the public enjoyment of the water for any lawful or reasonable purpose.

(40) Positive displacement exterior method - A grout placement method whereby grout is placed by a positive displacement method such as pumping or forced injection after water or other drilling fluid has been circulated in the annular space sufficient to clear obstructions. A grout placement pipe shall be lowered to the bottom of the annular space or zone being grouted and raised slowly as the grout is introduced. The pipe shall be kept full continuously from start to finish of the grouting procedure, with the discharge end of the pipe being continuously submerged in the grout until the annular space is completely filled. In the event of interruption in the grouting operations, the bottom of the pipe shall be raised above the grout level and shall not be re-submerged until all air or water has been displaced from the pipe and the pipe flushed clean with clear water.

(41) Positive displacement interior method – A grout placement method whereby a measured quantity of grout, sufficient to fill the annular space shall be pumped into the casing, after water or other drilling fluid has been circulated in the annular space sufficient to clear obstructions. A drillable plug constructed of plastic or other suitable material shall be inserted on top of the grout. The plug will be forced down the casing using either water or drilling rods and therefore forcing the plug to the bottom of the casing. Pressure shall be maintained for a minimum of 24 hours or until such time as the sample of the grout indicates a satisfactory set.

(42) Public water system - A system supplying water to a number of connections or individuals, as defined by current rules and regulations of the commission in chapter 290, 30 TEX. ADMIN. CODE.

(43) Pump installation - The procedures employed in the placement, and preparation for operation, of equipment and materials used to obtain water from a well, including construction involved in establishing seals and safeguards as necessary to protect the water from contamination. The term includes repairs to an existing pump.

(44) Recovery well - A well constructed for the purpose of recovering undesirable groundwater for treatment or removal of contamination.

(45) Sanitary well seal - A watertight device to maintain a junction between the casing and the piping used for the delivery of water.

(46) State Well Report - A well log recorded on forms prescribed by the Department, at the time of drilling showing the depth, thickness, character of the different strata penetrated, location of water-bearing strata, depth, size, and character of casing installed, and well grouting/sealing information, together with any other data or information required by the Department.

(47) Steel or PVC Sleeve – A protective covering, generally a pipe, that is placed over the casing of a well.

(48) Tremie method – A grout placement method whereby a tremie pipe is lowered to the bottom of the annular space or zone being grouted and raised slowly as the grout is introduced. The tremie pipe shall be kept full continuously from start to finish of the grouting procedure, with the discharge end of the tremie pipe being continuously submerged in the grout until the annular space is completely filled.

(49) Tremie pipe – A string of pipe that is lowered into the annular space to place a filter pack or grouting material.

(50) Undesirable water - Water that is injurious to human health and the environment or water that can cause pollution to land or the waters in the state.

(51) Water table well – A well where the groundwater level or potentiometric surface is below the top of the geologic unit containing the aquifer.

(52) Water well - Any artificial excavation constructed for the purpose of exploring for or producing groundwater. The term, however, shall not include any test or blast holes in quarries or mines, or any well or excavation constructed for the purpose of exploring for, or producing oil, gas, or any other minerals unless the holes are also used to produce groundwater. The term shall not include any injection water source well regulated by the Railroad Commission of Texas.

(53) Water well driller - A person who drills, bores, cores, or constructs a water well. The term includes the owner or operator of a well or the contractor or drilling supervisor. The term does not include a person who:

 

(A) drills, bores, cores, or constructs a water well on the person’s own property for the person’s own use; or

(B) assists in constructing a water well under the direct supervision of a driller and is not primarily responsible for the drilling operation.

(54) Well - A water well, injection well, dewatering well, monitoring well, open or closed loop geothermal well, recovery well, or a well completed to produce undesirable water.

(55) Well pit - An excavation near the well head used for the installation of buried pump discharge or suction lines from the well below grade construction.

(56) Well pumps and equipment - Pumps, equipment and associated materials used to obtain water from a well, including the seals and safeguards necessary to protect the water from contamination.

(57) Natural Gamma-Ray Log - Natural Gamma-Ray log recording the naturally occurring radiation emitted from sediments in the well bore.

 

Section 6.2 Well Construction and Completion Process

 

6.2.1. Powers and duties of the District relating to well construction and completion.

The District, its employees and agents shall have the following powers:

 

1. to make or have made examinations of all wells, privately owned or otherwise, within the limits of the District;

2. to make or have made at any time the necessary analyses or tests of water there from;

3. to go upon the land and property of the owner of a well for any purpose allowed in this section;

4. to require the owner to furnish all information requested concerning a well, including, in the case of new wells, complete logs of the well showing depth to and depth through all geologic formations encountered;

5. to supervise the construction, repair, and plugging of wells and the operation of such wells. The District or its duly authorized agent shall keep a register of all wells within the limits of the District. This register shall show for each well the name of the owner, exact location, date of construction, depth and diameter, the purpose for which the well was constructed, and, if applicable, date of plugging.

It shall be a violation for any person to refuse or otherwise fail to comply with any requirement of this section, or with any order of the District in conformity with and under the authority of this section.

6.2.2. Inspection.

It shall be the duty of the District to inspect the property where any well will be drilled, sunk, dug, or bored.

6.2.3 Nuisance of defective or contaminating wells, abatement.

 

(a) Any defective or contaminating well, as described herein, is hereby found to be a threat to the water supply of the District, a potential source of disease, injurious to the public health, and is hereby declared a nuisance.

(b) For the purpose of this section a contaminating well is considered to be any well or other opening which penetrates the underground water supply and which in any way pollutes or contaminates any other well or the District water supply.

(c) For the purpose of this section a defective well is considered to be: any well, whether dug or drilled, which for any reason does not completely prevent, or which has the potential to allow, the mixing of water or other liquid from above and below the groundwater aquifers, or any water well that was constructed without a permit and associated inspections.

(d) District on its own initiative or upon information or complaint from any source, make an examination of any well suspected of being defective. If such examination indicates in the opinion of the District that the well is a contaminating or defective well or that the water from such well is unsafe for human consumption, then the director, or his authorized representative shall issue an order or written instructions to the owner of his agent in charge of such well or the property upon which it is situated to plug this well in such a manner as prescribed by the District and in compliance with TCEQ regulations and District Permitting Procedures.

6.2.4 Abandoned Wells.

 

(a) For the purpose of this section a well is considered to be an abandoned well if it has not been used for a period of six (6) consecutive months or longer. A well is considered to be in use in the following cases:

 

(i) A non-deteriorated, non-defective or non-contaminating well which contains the casing, pump and pump column in good condition, and which is connected to an active electrical or other power source; or

(ii) A non-deteriorated, non-defective or non-contaminating well which has been properly capped.

(b) It is hereby declared that an abandoned well, as defined in subsection (a) above, has the potential to pollute the water supply or be otherwise injurious to the public health, and, pursuant to Tex. Loc. Govt. Code Ann. §§ 217.042 and 401.002 (Vernon’s 1994), is hereby declared a nuisance, for which the District, acting through the District Board, pursuant to the Code, may require the abatement of such nuisance.

(c) The Owner, operator, or agent in charge of an abandoned well shall notify the District of that condition. Every abandoned well shall be filled and plugged in accordance with all applicable TCEQ regulations and District Permitting Procedures and with such materials and in such manner as in the judgment of the District will prevent the pollution and contamination of the District water supply or of any other well within the limits of the District.

(d) Whenever the District shall receive notice from any source of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this section, the District shall notify the owner, operator, or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall order such person to fill and plug the well in accordance with this section of the Code.

(e) The District may require any owner of a capped well to take any action necessary or to provide any information or materials necessary to establish that such a capped well is not defective, contaminating, or deteriorated.


6.2.5 Failure to abate nuisance, remedies.

Should the owner, operator, or agent in charge responsible for the contaminating, defective, or abandoned well which has been declared a nuisance, or for the property on which it is situated, fail to abate such nuisance within the prescribed time from the date of issuance of notice of nuisance or order issued pursuant to the District rules, or if, after exercising reasonable diligence, the District is unable to locate the owner, operator, or agent in charge, the District, shall have the right to go on the property upon which the well is situated and abate such nuisance in the manner provided, and the owner thereof shall be liable to the District for the cost of such work and shall pay such cost upon demand, and the District, shall have the right to file a lien on the property to secure payment of the costs of such work.

6.2.6 Variance and appeal

 

(a) All requests for variances shall be made in writing to the District and shall include:

 

(i) The subject of the requested variance, and
(ii) The justification for granting a variance.

(b) The party requesting a variance has the burden of demonstrating that sufficient evidence exists for the granting of a variance of these rules, and the District shall consider and provide a written response to all such variance requests.

Section 6.3 Well Construction and Completion Standards

 

6.3.1 Purpose:
A completed TGR notice of intent to drill or modify a well is required to drill, modify (including the capping or plugging of a well), or otherwise construct any new water well, or any other artificial excavation to explore for or produce groundwater, or injection wells for the purpose of earth coupled heat exchange. All procedures set forth by TGR shall meet or exceed standards set by the TGR, State and local regulatory agencies.


All wells shall be drilled, equipped, and completed so as to comply with the standards set by the Texas Department of Health, Texas Commission on Environmental Quality,Texas Department of Licensing and Regulation, and additional rules established by this District.


6.3.2 Responsibility:
The TGR is given the responsibility to oversee the construction, modification and plugging of wells within the TGR District Boundaries, except as provided by the District’s Enabling Act. The board or its duly authorized agent shall also maintain a register of all wells with the TGRGCD. The register shall include but not be limited to the name of the owner, location of the well, its depth and diameter and other pertinent data. The owner of a well is required to furnish all information available concerning such well, including but not limited to, in the case of a new well, complete logs of the well showing depths to each consecutive geological formation encountered.


6.3.3 PROCEDURES:

 

6.3.3.1 Notification of Intent to Drill or Modify a Well:
Notices / Inspection Fees are established under TGR Rules. All notifications shall be executed in triplicate, one copy to be issued to the applicant and two copies to be retained in the office of the TGR. Applications shall be completed and fees paid prior to drilling, plugging or modifying a well.

6.3.3.2 Notification Process:
Notification forms for well activities are available through the TGR. Once a notification is received the assigned inspector will contact the owner or representative to schedule an inspection of the proposed well location. Upon completion of the inspection the field file is forwarded to the TGR agent. The field file must contain the following: The original completed application; survey and or plat with the proposed location of the well, Edwards Aquifer Authority approval letter if applicable and all required variances. Approved well applications are valid for a period of no longer than six (6) months.
It shall be the duty of the TGR to inspect the property where any water well is to be drilled, and to observe if the operations to drill or modify a well meet with all the applicable codes.


6.3.4 Drilling Guidelines

 

6.3.4.1 Drilling guidelines within the Edwards Aquifer Formation:
Drilling operations which involve drilling or plugging operations in the Edwards Aquifer formations shall comply with the Edwards Aquifer Authority rules.


6.3.4.2 Drilling Guidelines for Non-Edwards Wells:
Each proposed well application is evaluated individually in order to determine the applicable method(s) required to satisfactorily drill the well.


A 1 1/2” annulus must be provided between the borehole and the casing: diameter of the borehole must be a minimum of 3” larger than the outside of the casing.

 

a. The diameter of the drilled hole shall be a minimum of three (3”) inches larger than the outside diameter of the casing to be used down to a minimum depth of forty feet (40’).


b. Either steel pipe or polyvinyl chloride (PVC) casing may be used. PVC casing shall meet minimum specifications as defined by the Department of Licensing and Regulations Water Well Drillers and Pump Installers. Wells completed with steel casing must meet all specifications set forth by the Water Well Driller and Pump Installers Rules. Completed at the surface with the annular space filled with cement slurry or bentonite. If more than forty feet (40’) of casing is set, it shall be grouted using the interior or exterior positive displacement method.


c. The borehole casing annulus shall be filled with cement slurry or bentonite from ground level to a depth of not less than forty feet (40’) below the land surface. All wells must satisfy all State and local water well completion and annular space sealing requirements.


d. The casing shall extend at least eighteen inches (18”) above land surface at a site not generally subject to flooding; provided however, that if a well must be placed in a flood prone area, it shall be completed with a water tight sanitary well seal and steel casing extending a minimum of thirty six inches (36”) above known flood levels.


e. All wells completed with PVC casing shall be completed according to one of the three surface completion methods as described by the following:

 

1. Slab – The slab or block shall extend at least two feet (2’) from the well in all directions and have a minimum thickness of four inches (4”), and should be separated from the well casing by a plastic or mastic coating or sleeve to prevent bonding of the slab to the casing. The surface of the slab shall be sloped to drain away from the well. The top of the casing shall extend a minimum of on foot (1’) above the top of the slab.


2. Steel and PVC Sleeve – The steel sleeve shall be a minimum of 3/16” in thickness and/or the plastic sleeve shall be a minimum of schedule 80 sun resistant and twenty four inches (24”) in length and shall extend twelve inches (12”) into the cement, except when steel casing or a pitless adapter is used. The casing shall extend a minimum of one and one half foot (1.5’) above the original ground surface, and the steel sleeve shall be two inches (2”), larger in diameter than the plastic casing being used.


3. Pitless Adapters – In wells with Steel or Plastic Casings completed with pitless adapters, the adapters shall be welded to the casing or fitted with another suitably effective seal, and the borehole-casing annulus filled with cement slurry or bentonite to a depth of not less than forty feet (40’) below land surface, or to the top of the first potable water bearing strata above forty feet (40’). All wells completed with pitless adapters must satisfy all State Water well completion and annular space sealing requirements that pertain to pitless adapters.

6.3.4.2 Drilling Guidelines for Non-Edwards Wells:

 

f. All wells shall be completed so that aquifers or zones containing waters that differ significantly in chemical quality are not allowed to commingle through the borehole and cause quality degradation of any aquifer or zone. At no time shall the Upper and Lower Glen Rose be allowed to commingle. In all cases where penetrating into the Lower Glen Rose, the well casing and cementing shall extend a minimum of twenty-five feet (25’) into the Lower Glen Rose.

 

A Natural Gamma-ray Log to determine the location of the Lower Glen Rose/Upper Glen Rose contact shall be required.  A copy of the log shall be provided to the TGR and/or their agent.  The TGR copy of the Natural Gamma-Ray Log shall be printed at a scale of 1” every 20 feet. The Well Driller shall identify the Formation contact(s) and determine the proper length of casing needed.

 


g. All wells shall be equipped with a water tight sanitary well seal with a ¾” diameter id inspection port, located on top of the well seal which allows for free access to the water table for the purpose of water level measurement and disinfection. Any well presently not equipped in the future shall be so equipped when that well is serviced. On those wells with odd sized casing, which cannot be fitted with a factory made water tight sanitary well seal, the completion must be done in a manner that will prevent any pollutants (waste, insects, chemicals, etc.) from entering the well.


A minimum of forty feet (40’) of casing shall be required unless any undesirable waters are encountered. (1) When undesirable water or constituents are encountered in a water well, the undesirable water or constituents shall be sealed off and confined to the zone(s) of origin. (2) When undesirable water or constituents are encountered in a zone overlying fresh water, the driller shall case the water well from an adequate depth below the undesirable water or constituent zone to the land surface to ensure the protection of water quality. (3) The annular space between the casing and the wall of the bore hole shall be grouted with a state approved grouting material an adequate depth below the undesirable water or constituent zone to the land surface to ensure the protection of groundwater, by the interior or exterior positive displacement method or tremie method. Wells encountering zones of differing water quality shall be grouted within five business days to prevent any commingling or degradation.

6.3.5 Plugging of Non-Edwards Aquifer Wells:
Any plugging of wells, casing, liner, or bore hole will require notification, completion of the application form, and payment of fees to the TGR.
All removable casing shall be removed. The contractor, after pulling the pump and pump column from the well, must ensure the well is free of any obstructions to the bottom of the borehole. The well will be logged or tagged by the TGR agent to determine necessary information such as total depth, casing depth and formations depths to properly complete the plugging. The well must be plugged by filling the uncased borehole to the water level with washed and disinfected pea gravel. Then the entire casing from the top of the gravel to the surface shall be filled with cement slurry.


6.3.6 Modifications:
Any modification of well depth, casing, liner, depth or diameter of bore hole will require notification, completion of the application form, and payment of fees to the TGR.


6.3.7 Well Reports:
Every well driller who drills, deepens, or otherwise alters a Trinity Aquifer well, shall be properly licensed and shall make and keep a legible and accurate State Well Report.
Every well driller shall deliver or transmit by first-class mail a photocopy of the State Well Report, and any other forms required by the District, to the TGR Agent and a copy to the owner or person for whom the well was drilled, deepened, or otherwise altered within 60 days from the completion or cessation of drilling, deepening, or otherwise altering a well.
6.3.8 Reporting Undesirable Water or Constituents:
Each well driller shall inform, within 24 hours, the landowner or person having a Trinity Aquifer well drilled, deepened, or otherwise altered or their agent when undesirable water or constituents have been encountered.

 


The well driller shall, within thirty (30) days of encountering undesirable water or constituents, submit to the District, and the landowner or person having the well drilled, deepened, or otherwise altered, on forms authorized by the District:

 

1. A statement signed by the well driller indicating that the landowner or person having the well drilled, deepened, or otherwise altered, has been informed that undesirable water or constituents have been encountered; and


2. A copy of the Undesirable Water or Constituents Report required pursuant to 16 TEX. ADMIN. CODE § 76.701, as may be amended.

Section 9.  Drought And Conservation Plan For The Trinity Glen Rose Groundwater Conservation District
(Northern Bexar County & the portions of Kendall and Comal Counties located within the City of Fair Oaks Ranch, Texas)

9.1       Declaration of Policy, Purpose, Authority, and Intent

The purpose of the Trinity Glen Rose Groundwater Conservation District (TGRGCD) is to provide for the conservation, preservation, protection, recharging and prevention of waste of groundwater within the Trinity Aquifer located within Bexar County in accordance with the state law creating TGRGCD, as amended. 

To accomplish this purpose and as required by Texas Water Code, section 36.1071, the TGRGCD adopted a Groundwater Management Plan that includes goals addressing drought conditions and conservation and the TGRGCD is required to adopt rules necessary to implement the Management Plan. 

This Drought and Conservation Plan (Plan) is one of the tools that the TGRGCD has chosen to accomplish the goals set forth in the Management Plan.

9.2       Public Involvement

Opportunity for the public to provide input into the preparation of the Plan was provided by the TGRGCD by means of public meetings and a public hearing.  

9.3       Public Education

The TGRGCD will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated and the drought response measures to be implemented in each stage. This information may be provided by means of press releases, articles, public meetings and mailings. 

9.4       Coordination with Local River Authority, Regional Planning Groups and other district governing bodies

The Trinity Glen Rose Groundwater Conservation District (TGRGCD) is a multi county district. The boundaries incorporate areas within, Bexar County, Comal County and Kendall County. The district’s boundaries are located within the South Central Water Planning Group Region (L).
The TGRGCD will provide copies of this plan for review to the San Antonio River Authority, the City Of San Antonio, the San Antonio Water System, the Bexar Metropolitan Water District, the Edwards Aquifer Authority, and other local entities and stakeholders.

9.5       Authorization

The Board of Directors of the TGRGCD or its designee shall implement the applicable provisions of this Plan upon determination that such implementation is necessary for the conservation, preservation, protection, recharging and prevention of waste of the Trinity Aquifer groundwater within the TGRGCD’s boundaries. The Board of Directors of the TGRGCD or its designee shall have the authority to initiate or terminate drought management measures as described in this Plan.

 9.6       Application

Provisions of this Plan shall apply to all persons or organizations having or operating wells producing or utilizing groundwater within the District, regardless of size, capacity, date of drilling or ownership of the wells, unless such wells are exempt from regulation by the TGRGCD.

 9.7       Definitions

For the purposes of this Plan, the following definitions shall apply:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains reflecting pools, and water gardens.
Agricultural water use: as defined under Section 36.001(19), (20), Texas Water Code.
Beneficial Use” or “Use for a beneficial purpose” as defined under Section 36.001 (9), Texas Water Code.
Commercial and institutional water use: water use, which is integral to the operations of commercial and non-profit establishments and governmental entities including but not limited to retail establishments, hotels and motels, restaurants, and office buildings.
Conservation: those practices, techniques, and technologies that 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 supply is conserved and made available for future or alternative uses.
Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Drought: a meteorological period of serious moisture (precipitation) deficiency, and a resultant reduction in spring flow and stream flow generally accompanied by an increase in demand.
Drought Indices: those indicators selected for the purposes of this plan to initiate (trigger) drought stages: aquifer level, Palmer Drought Severity Index.
Exempt well: a well that the District is prohibited by law from restricting production under either:

 

(i)                  Water Code, section 36.117 (c) as a well used solely for domestic use or for providing water for livestock or poultry on a tract of land larger than ten acres that is either drilled, completed, or equipped so that it is incapable of producing more than 10,000 gallons a day, unless the well either serves more than five households or the well is located on or serves a tract of land of less than five acres and the well was installed after September 1, 2001; or

 

(ii)        District Act, section 16.

 

Groundwater:  Water produced from Non-Exempt wells located within the boundaries of the District.
Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape irrigation use: water used for the irrigation and maintenance of landscaped area, whether publicly or privately owned, including residential and commercial lawns, gardens, athletic fields, golf courses, parks, and rights-of-way and medians.
Non-essential water use: water uses that are not essential nor required for the protection of public health, safety, and welfare, including:

 

1.         Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided by this Plan.

2.         Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle.

3.         Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas except for the protection of public health, safety and welfare.

4.         Use of water to wash down buildings or structures for purposes other than immediate fire protection or for the protection of public health, safety and welfare.

5.         Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools.

6.         Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such a leak(s).

 

Non-Exempt well: a well equipped to produce greater than 10,000 gallons of groundwater per day and does not qualify as an Exempt Well.
Public Water System: as defined under 30 TAC Subchapter D Paragraph 290.38(41).
Registered Well: See Non-Exempt and Exempt well as defined herein.
Waste: as defined by Texas Water Code, section 36.001 (8).

 

 

9.8       Triggering Criteria for Initiation and Termination of Drought Stages

 

The Board of Directors of TGRGCD or its designee shall monitor the defined drought trigger indices and shall determine when conditions warrant initiation or termination of each stage of the Plan. The Plan consists of three levels of drought and groundwater production restrictions for each of the three drought levels as defined herein.
Most of the residences and businesses located within the TGRGCD are served by Public Water Systems, the major four being San Antonio Water System, Bexar Metropolitan Water District, the City of Fair Oaks Ranch, and Grey Forest Utilities. All public water systems located within the TGRGCD boundaries have established Drought Contingency and Conservation Plans and the District expects these Public Water Systems to implement and enforce their plans.

 

A.        Drought Trigger Indices

 

Drought stages may be initiated and terminated by the TGRGCD’s Board of Directors based on the following conditions or indices, none of which are controlling:

1.         The TGRGCD may choose to initiate drought stages corresponding with the major public water systems declaration of drought stages.

2.         The TGRGCD may base future indices on water level data gathered from monitor wells chosen by the TGRGCD that represent groundwater level fluctuations and declines.

3.         The Palmer Drought Severity Index, which is an index based on regional meteorological and hydrological data such as rainfall, temperature and soil moisture content.

The Palmer Drought Severity Index (PDSI) uses the following values:

Moderate Drought - 2 or less 

Severe Drought - 3 or less 

Extreme Drought - 4 or less 

The Palmer Drought Severity Index can be viewed at: (http://www.txwin.net/monitoring/meteorological/Drought/pdsi.htm).

 

 

B.        INITIATION AND TERMINATION OF DROUGHT STAGES

 

Stage 1 – Moderate Drought Conditions

Initiation –The PDSI Drought Indicator is between -2 to –3 or three of the four major public water suppliers have initiated stage 1 of their drought plans. Stage 1 of the plan may be initiated by TGRGCD board action.  

Termination – Stage 1 of the Plan may be rescinded by TGRGCD board action when the PDSI Drought Indicator is above -2.

Stage 2 – Severe Drought Conditions

Initiation – The PDSI Drought Indicator is between -3 to -4 and three of the four major public water suppliers have initiated stage 2 of their drought plans.  Stage 2 may be initiated by TGRGCD board action.

Termination – Stage 2 of the Plan may be rescinded by TGRGCD board action when the Drought Indicator is above -3. Upon termination of Stage 2, Stage 1 becomes effective.

 

Stage 3 - Extreme Drought Conditions

Initiation – The Drought Indicator is equal to -4 or less or three of the four major public water suppliers have initiated stage 3 of their drought plans. Stage 3 may be initiated TGRGCD board action.

Termination – Stage 3 of the Plan may be rescinded by TGRGCD board action when the Drought Indicator is above -4. Upon termination of Stage 3, Stage 2 becomes effective.

 

 

9.9       Drought Stage Response

 

The Board of Directors of TGRGCD, or its designee, shall monitor the defined drought trigger indices, local water utility drought stages and shall determine when conditions warrant initiation or termination of each stage of the Plan. Drought Stages will be initiated and terminated by action of the Board of Directors. The TGRGCD may provide public notification of the initiation or termination of drought stages by means of a notice posted on the door of the TGRGCD office, in a newspaper of general circulation, on its website or other means of public announcement. 
The Plan is applicable to all current and future exempt and non-exempt wells within the TGRGCD’s boundaries with the exception(s) as defined in Section VII of this Plan.

(a)        Restrictions on Exempt Wells

The TGRGCD has the authority to monitor the production from all Exempt (Registered) wells. The District encourages compliance during each drought stage with the restrictions stated in this Plan. Such voluntary compliance will contribute to the achievement of the desired level of conservation and reduce the impact of drought conditions and restrictions.

(b)        Restrictions on Non-Exempt Wells

The TGRGCD has the authority to monitor and manage the production from all Non-Exempt wells. This Plan places restrictions on the production from such wells as a function of drought stage.

Under this Plan it is required that the production from every Non-Exempt well be reported to the TGRGCD monthly upon the implementation of Stages 1 – 3 drought restrictions by the TGRGCD.

 

A.        YEAR-ROUND CONSERVATION

 

1.         The TGRGCD strongly encourages homeowners, homebuilders and/or developers, exempt and non-exempt well users to incorporate the conservation practices as outlined in the City Of San Antonio’s Ordinance #100322 where standards became effective January/2006. Specifically the incorporation of the following best management practices:

 

a)         Rain Sensors- rain sensors should be installed and maintained on all irrigation systems equipped with automatic irrigation controls;

b)         Xeriscape Option- Homebuilders and/or developers subdividing lots and/or constructing new single family residential homes should offer a xeriscape option in any series of landscaping options offered to prospective home buyers;

c)         Model Homes- Homebuilders and/or developers who construct model homes for a designated subdivision should have at least one model home per subdivision landscaped according to a xeriscape design; and

d)         Rain Water Harvesting Systems- Homebuilders, developers and homeowners should consider the installation of rain harvesting systems because rain harvesting systems can reduce reliance on common water supplies with a low cost investment.     

2.         Waste is prohibited at all times. Allowing groundwater to run off into a gutter, ditch, or drain or failing to repair a controllable leak is considered waste.

3.         Users of groundwater should use common sense and best practices to avoid water waste, practice water conservation and minimize use of groundwater for non-essential purposes.

4.         Landscape watering with groundwater using an irrigation system or sprinkler should be done between the hours of 8 p.m. and 10 a.m.

5.         Hand watering with groundwater using a hand-held hose, drip irrigation or bucket is encouraged.

6.         Using groundwater for washing impervious cover such as parking lots, driveways, streets or sidewalks is discouraged and should be done responsibly to avoid excessive runoff.

7.         Using groundwater for the non-commercial washing of vehicles and mobile equipment (e.g. washing vehicles at a residence) is discouraged. Use of an automatic shut-off nozzle or bucket of 5 gallons or less is recommended to prevent waste.

8.         The use of commercial vehicle wash facilities that recycle water is encouraged.

9.         Reduce groundwater consumption by any means available.

 

STAGE 1: MODERATE DROUGHT

 

Water Use Restrictions: Persons using groundwater from Non-Exempt wells, other than customers of public water supply systems, are encouraged to follow groundwater these water use restrictions:

1.         Watering with an irrigation system or sprinkler should be limited to only once a week before 10 a.m. or after 8 p.m. on the designated watering day as determined by address:

 

Last Digit of Address

Day

0 or 1

Monday

2 or 3

Tuesday

4 or 5

Wednesday

6 or 7

Thursday

8 or 9

Friday

 

2.         Areas such as medians and common areas, which are not represented by an address, shall water only once a week before 10 a.m. or after 8 p.m. on Wednesdays.

3.         Non-exempt well users shall reduce their water usage by 5% of the same calendar month during the previous calendar year. Reduction will be based on reported monthly usage for the prior year’s same month provided by the non-exempt well owner.

4.         All non-public swimming pools should have a minimum of 25 percent of the surface area covered with evaporation screens when not in use. Inflatable pool toys or floating decorations may be used.

5.         Hand watering with a hand-held hose, soaker hose, drip irrigation, bucket or watering can is encouraged any time and any day.

6.         Washing impervious cover such as parking lots, driveways, streets or sidewalks is prohibited if the water is allowed to run into the street or enter a drain or drainage channel.

7.         Residential washing of vehicles or other equipment is should be done only on assigned watering days and times. A hose with an automatic shut-off nozzle or bucket of five gallons or less should be used. Water should not be allowed to run into the street or drain.

8.         The use of commercial car wash facilities that recycle water is encouraged.

9.         Operators of golf courses, athletic fields, parks, and irrigators of over 1 acre utilizing a Non-Exempt well must submit a conservation plan to the Trinity Glen Rose Groundwater Conservation District.  The TGRGCD encourages plans that eliminate irrigation between the hours of 10 a.m. and 8 p.m. and provide for irrigation of landscape areas not directly “in play” once per week.

 

STAGE 2: SEVERE DROUGHT

 

Water Use Restrictions: All requirements of Stage 1 should remain in effect during Stage 2 with the following modifications applicable to persons using groundwater from Non-Exempt wells, other than customers of public water supply systems:
1.         Aesthetic fountains are discouraged, unless an alternative source of water other than groundwater is used.

2.         Watering with a hand-held hose or drip irrigation during the hours of 3 a.m. to 8 a.m. and 8 p.m. to 10 p.m. any day is encouraged.

3.         Watering with an irrigation system or sprinkler permitted only once a week on the designated watering day during the hours of 3 a.m. to 8 a.m. and 8 p.m. to 10 p.m. is encouraged: Designated watering days will be determined by the last digit of the address on which the water well is located. The designated watering day chart is identified in stage 1 of this plan.

4.         Areas such as medians and common areas, which are not represented by an address, shall water only once a week before during the hours of 3 a.m. to 8 a.m. and 8 p.m. to 10 p.m. on Wednesdays.

5.         Non-exempt well users shall reduce their water usage by 10% of the same calendar month during the previous calendar year. Reduction will be based on reported monthly usage for the prior year’s same month provided by the non-exempt well owner.

6.         Residential, commercial, industrial, and agricultural Trinity Aquifer water users should use common sense and best practices to avoid water waste and to practice water conservation and to minimize or discontinue use of water for non-essential purposes.

 

STAGE 3: EXTREME DROUGHT

 

Water Use Restrictions: All requirements of Stage 1 and 2 should remain in effect during Stage 3 with the following modifications applicable to persons using groundwater from Non-Exempt wells, other than customers of public water supply systems:

1.         Non-exempt well users shall reduce their water usage by 15% of the same calendar month during the previous calendar year. Reduction will be based on reported monthly usage for the prior year’s same month provided by the non-exempt well owner.

2.         Watering with an irrigation system is discouraged.

3.         Aesthetic fountains are discouraged, unless an alternative source of water other than groundwater is used.

4.         Irrigation with a soaker hose, hose-end sprinkler beginning should be limited to the hours between 3:00 a.m. to 8:00 a.m. and 8:00 p.m. to 10:00 p.m. Handheld hose, drip irrigation system or 5 gallon bucket on Tuesdays, Thursdays, and Saturdays during Stage III hours is encouraged.

5.         Watering newly planted landscapes permitted only with a variance from the TGRGCD.

 

9.10     Enforcement

 

No person shall knowingly or intentionally use groundwater from the aquifers under the jurisdiction of the Trinity Glen Rose Groundwater Conservation District for domestic, commercial, industrial, agricultural, governmental or any purpose in a manner contrary to any provision of this Plan, or in any amount in excess of that permitted by the drought response in effect at the time pursuant to action taken by the TGRGCD President, or his/her designee, in accordance with the provisions of this Plan.
Any person who violates this Plan is subject to prosecution by injunction; mandatory injunction or other appropriate remedy in a court of competent jurisdiction and subject to reasonable civil penalties as set by rule by the TGRGCD Board not to exceed $1000.00 per day per violation. Each day of a continuing violation constitutes a separate violation. If the TGRGCD prevails in any suit to enforce this Plan, it may, in the same action, recover reasonable fees for attorneys, expert witnesses, and other costs incurred by the district before the court.
The TGRCGD General Manager or Its designee will issue a notice of intent to seek an injunction to a person it reasonably believes to be in violation of this Plan.

 

9.11     Variances

 

The President of the TGRGCD, or its designee, may, in writing, grant variances for existing water uses otherwise prohibited under this Plan, if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the public health or sanitation, or the person requesting such variance, and if one or more of the following conditions are met:
1.         Compliance with this Plan cannot be technically accomplished during the duration of the water shortage or other condition for which the Plan is in effect.
2.         Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of the Plan shall file a petition for the variance with the Trinity Glen Rose Groundwater Conservation District within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the General Manager or his/her designee and shall include the following:

1. Name and address of the petitioner(s).

2. Well Number and Location.

3. Purpose of water use.

4. Specific provisions(s) of the Plan from which the petitioner(s) is requesting relief.

5. Detailed statement as to how the specific provision of the Plan adversely affects the Petitioner(s) or what damage or harm will occur to the petitioner(s) or others if petitioner(s) complies with the Plan.

6. Description of the relief requested.

7. Period of time for which the variance is sought.

8. Alternative water use restrictions or other measures the petitioner(s) is taking or proposes to take to meet the intent of this Plan and the compliance date.

9. Other pertinent information the General Manager deems relevant and necessary in making a determination regarding the request.

Variances granted by the District shall be in writing and issued within 5 days after receipt of petition subject to the following conditions, unless waived or modified by the General Manager or his/her designee:

 

1. Variances granted shall include a timetable for compliance with the Plan’s restrictions.

2. Variances granted shall expire when the restrictions of the Plan are no longer in effect, unless the petitioner(s) has filed to meet specific requirements.

No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance.
Section 12: Investigations And Enforcement

12.1 NOTICE AND ACCESS TO PROPERTY: (36.123) Board Members and District representatives and employees are entitled to access to all property within the District to carry out technical and other routine investigations (i.e. photographing, sampling, monitoring and testing) necessary to the implementation of the District Rules. Prior to entering upon the property for the purpose of conducting an investigation, the person seeking access will give notice in writing or in person or by telephone to the owner, operator, agent, or employee of the well owner, 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 representative or employees who are attempting to conduct an investigation under 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.

12.2 INVESTIGATION OF POSSIBLE VIOLATION(S) (§36.123):

A. When the District's Board of Directors has been informed of a possible violation of a District Rule, the District Representative will send a letter notifying the owner about the potential violation and arranging to meet with the owner to investigate the potential violation.

B. Investigations or inspections that require entrance upon property will be conducted at reasonable times, and will be consistent with the establishment's reasonable rules and regulations concerning safety, internal security, and fire protection. The persons conducting such investigations shall identify themselves and present credentials upon request of the owner.

C. Following the investigation, the District Representative shall report to the Board of Directors the findings of the investigation. If the Board determines that no violation has occurred, the District will notify the owner by letter of the Board's finding that no violation has occurred.

D. If the Board of Directors determines from the investigation that a violation has occurred, the District will notify the owner by certified mail that the owner is in violation and outline the action the owner shall take to come into compliance with District Rules.

E. When the owner notifies the District that compliance has been met, an investigation by the District Representative will be made and reported to the Board. The Board shall determine if compliance has been met by the owner. If so, the District will notify the owner by letter that compliance with District Rules has been met.

12.3 RULE ENFORCEMENT: If the Board determines that compliance has not been met, then the Board may chose from the following actions to ensure compliance with District Rules:

A. Begin the enforcement hearing process for permit revocation, involuntary amendment or suspension.

B. Enforce these rules by injunction, mandatory injunction or other appropriate remedy in a court of competent jurisdiction.

C. Assess reasonable civil penalties for breach of any District Rule as authorized in Chapter 36 of the Texas Water Code. A penalty under this Rule is in addition to any other penalty provided by law of this state and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District's principal office or meeting place is located. If the District prevails in any suit to enforce its Rules, it may, in the same action, recover reasonable fees for attorneys, expert witnesses, and other cost incurred by the District before the court. The amount of the attorney's fee shall be fixed by the court.

D. After a notice and an enforcement hearing, order a non-compliant well to be sealed under District Rule 11.4.

E. Continue to work with the owner until compliance is met and may mandate the monitoring of groundwater use by requiring the metering of the well or any other monitoring methods and provide regular production reports as determined by the Board.

F. Any combination of the above actions or other reasonable means as determined by the Board to ensure compliance.

12.4 SEALING, CAPPING AND PLUGGING WELLS:

A. SEALING OF WELLS: After notice and an enforcement hearing, the District may seal wells to ensure that a well is not operated in violation of the District Rules. A well may be sealed when:

(1) no permit has been obtained to drill a new water well that requires a permit under Rule 5.1

(2) no application form has been filed for a permit to withdraw groundwater; or

(3) the Board has denied, cancelled 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. Other appropriate action may be taken as necessary to preclude operation of the well or to detect 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.

B. CAPPING WELLS: After notice and an enforcement hearing , the District may require a well to be capped to prevent waste, prevent pollution, or prevent further deterioration of a well casing. The well shall remain capped until such time as the conditions that led to the capping requirement are eliminated. If well pump equipment is removed from a well and the well will be re-equipped at a later date, the well shall be capped, provided however that the casing is not in a deteriorated condition that would permit commingling of water strata in which case the well shall be plugged. The cap shall be capable of sustaining a weight of at least four hundred (400) pounds.

C. PLUGGING WELLS: A deteriorated or abandoned or open and uncovered well shall be plugged in accordance with the Well Driller and Pump Installers Rules, 16 Texas Administrative Code Chapter 76. It is the responsibility of the owner to see that such a well is plugged to prevent pollution of the underground water and to prevent injury to persons.

D. PLUGGING REPORT: Not later than the 30th day after a well is plugged, the person plugging the well shall submit a plugging report to the District on a form provided by the District.
 

 Section 14.  Fees

14.1.        Fee Schedule

14.1.1 Administrative Fees

a) “New Well Fee” or “Well Capping/Plugging Fee”.  The District shall charge an administrative fee of $350 to process a notice of intent to drill a well or to plug or cap a well; provided, however, if the well is located within the well inspection jurisdiction of the San Antonio Water System, the District’s fee shall be $150  instead of $350.  The “Notice of Intent” Fee is waived and does not apply to public water supply wells.

b) Returned Check Fee. The District will assess the person writing the returned check a $25.00 fee for each check returned by the District Depository due to non-sufficient funds, account closed, signature missing or any other problem causing such a return. This fee will be charged every time a check is returned.

c) Late fee. A late fee of 10% of the amount due will be assessed if payments are not received within 15 days following the due date. The fee payment and the late payment fee must be made within 30 days following the date of the assessment of the late payment fee.

c) Trip Fee. If the District is required to have an employee or agent observe a well or meter or review documents not located within the district’s office due to the actions or inaction of a Landowner, the District may charge a trip fee in the amount of Ten Dollars ($10).

d)  Enforcement Fee. If the District is required to incur expenses to enforce the District’s rules, including the payment of the District’s production fee, the person responsible for causing the District to incur the expense shall reimburse the District for such expenses within ten days after receipt of a demand for payment from the District.

14.1.2 Production Fees.

a) Agricultural use: $1 per acre-foot per year; or
b) All other uses: $22 per acre-foot per year.

14.2 Assessment and Payment of “Notice of Intent” Fee: The “Notice of Intent” fee is assessed and due and payable, at the time the “Notice of Intent” is filed.

14.3 Assessment and payment of Production Fee:

14.3.1 Assessment. Production Fees shall be assessed effective May 1 of each year on all wells within the District; provided, however, the following types of wells are exempt from the District’s Production Fee:

a) Domestic and livestock use. Any well used solely to supply water for domestic use within a home or residence or for livestock use, or both domestic use within a home or residence and livestock use is exempt from the District’s Production Fee, unless the well either (i) serves more than five households or (ii) actually produces more than 10,000 gallons per day as determined by the District based upon information available to the District. The District deems that the well produces more than 10,000 gallons per day if (i) the well is connected to an irrigation system that irrigates more than two and one half___ (_2.5_) acres; or (ii) water from the well is discharged into any river, creek, natural watercourse, depression, lake, or reservoir (the filling and refilling of swimming pools is allowed).

b) District Enabling Act. Any well that is exempt from payment of production fees assessed by the District under the Districts Enabling Act, as follows:
i) Section 14: The production capacity of the well is 10,000 gallons per day or less.
ii) Section 15: The water produced from the well is not from the Trinity Aquifer.
iii) Section 17:
(1) a person who provides water to a municipality, at least 50 percent of which annually is obtained from a source other than the Trinity Aquifer; or
(2) a resident of or other water user within a municipality that obtains its water from a person described by Subdivision (1), whose source of water is the municipality.

c) Water Code, section 36.117. Any person or well exempt from payment of production fees assessed by the District under Texas Water Code, section 36.117, as modified by the Enabling Act.
 (1) a water well used solely to supply water for a rig that is actively engaged in drilling or exploration operations for an oil or gas well permitted by the Railroad Commission of Texas provided that the person holding the permit is responsible for drilling and operating the water well and the well is located on the same lease or field associated with the drilling rig; or
(2) a water well authorized under a permit issued by the Railroad Commission of Texas under Chapter 134, Natural Resources Code, for production from such a well to the extent the withdrawals are required for mining activities regardless of any subsequent use of the water.

14.3.2 Calculation of Annual Fee.

a) Wells equipped with a meter. If the well is equipped with a meter, the annual production fee will be based upon actual production. The Landowner, or other person responsible for the well and payment of the production fee shall self-report the metered production during the prior calendar month; calculate the monthly installment; and submit payment to the District on or before the tenth day of each calendar month. The amount of the monthly installment payment shall be calculated as follows:
Agricultural:
Number of gallons produced times $0.0000030689 per gallon.
All other uses:
Number of gallons produced times $0.000067516 per gallon

Supporting documentation showing the amount of water produced, such as reports filed with any state regulatory agency, should be submitted with the payment. The District reserves the power to confirm the accuracy of the meter. Fees a retail public utility pays to the District shall be collected directly from the customers of the utility as a regulatory fee and shown as a separate line item on the customer’s bill.

b) All other Non-metered Wells subject to the District’s Production Fee.

i) Pumps with motors not exceeding two (2 ) horsepower. The annual production fee will be $242.00 based upon an assumed annual production of eleven (11) acre-feet per year, but the fee may be based upon actual production if the Landowner submits records to the District which the District determines accurately show actual usage.

ii) Pumps with motors exceeding two (2) horsepower. If the well does not have a meter and is equipped with a pump motor in excess of two (2) horsepower, the annual production fee will be based upon the production capacity of the well as determined by the District from information readily available to the District.


14.3.3 Payment

Production Fees shall be due and payable as follows:

a) Wells not equipped with meters. The annual fee for the twelve months beginning May 1, 2003 is due and payable May 1, 2003 . The annual fee for each subsequent year shall be due and payable prior to May 1 of that year.

b) Wells equipped with a meter: The annual fee for the twelve months beginning May 1, 2003, and for each successive twelve months, is due and payable in twelve monthly installments based upon actual usage during the prior month with each installment due ten (10) days after the end of the month.

c) The District waives payment of the production fee if the well is either (i) not equipped with a meter and is not equipped to produce more than 10,000 gallons per day or (ii) equipped with a meter and does not produce 10,000 gallons per day. The determination of whether a metered well produces more than 10,000 gallons per day will be made by the District on either the daily production records of the well if available or if not available, the monthly production records of the well divided by the number of days in the monthly record.

14.3.4 Recharge Credits

 In accordance with the District’s Enabling Act, section 13(c), a person who pays production fees to the District shall receive recharge credits if the District determines that the person enhances, supplements, improves, or prevents pollution of recharge of the Trinity Aquifer. A person who claims a recharge credit shall file an application with the District demonstrating that the person enhances, supplements, improves, or prevents pollution of recharge of the Trinity Aquifer and providing any additional information required by the District. The amount of the recharge credit shall be determined by the District’s board of directors on a case by case basis. A person is not entitled to a credit if the activities that enhance, supplement, improve, or prevent pollution of recharge of the Trinity Aquifer are required by law or federal, state, or local regulatory requirement.

14.3.5 Enforcement

Upon failure to make payment of fees, all enforcement mechanisms provided by law shall be available to the District and may be initiated by the District.
a) The late fee will be waived for the initial payment of the annual production fee due the District for wells existing on May 1, 2003 , unless payment is late after District sends notice of the amount due to the Landowner.
b) In accordance with the District’s Enabling Act, section 13(e), to secure payment of a production fee imposed by the District, a lien attaches to the property on which the well is located or if title to the surface and the percolating groundwater has been severed, then the lien will be upon the percolating groundwater. The lien has the same priority and characteristics as a lien for taxes. The District may use the lien to collect the payment of the fee.
 

Section 15.  Forms

Please visit the Forms page of the Trinity Glen Rose Groundwater Conservation District to download or complete a form.