PLUM CREEK CONSERVATION DISTRICTRULES

Plum Creek
Conservation District
Groundwater Management& Protection
Rules

Adopted ____________ (Date)

F:\P1\PCCD\PCCD Rules & Policies\10-13-18 CLEAN (from 9-24-18-REDLINE).docxiPLUM CREEK CONSERVATION DISTRICTRULES
TABLE OF CONTENTS
Preamble .............................................................................................................. ......................... iv
Rule 1 - Definitions ........................................................................................................................ 1.1
Rule 2 – Waste, Pollution .............................................................................................................. 2.1
Rule 3 – Test Holes ........................................................................................................................ 3.1
Rule 4 - Well Applications & Registrations .................................................................................. 4.1
Rule 5 – Non-Exempt Agricultural Use Well Permits and Dewatering Well Permits .................. 5.1
Rule 6 – Test Well Permits ............................................................................................................ 6.1
Rule 7 – Additional Well Permit Application Requirements ........................................................ 7.1
Rule 8 - Transportation Permit Applications ................................................................................. 8.1
Rule 9 - Miscellaneous Applications ............................................................................................. 9.1
Rule 10 - Exempt Wells ............................................................................................................... 10.1
Rule 11 - Well Requirements ....................................................................................................... 11.1
Rule 12 - Drilling Permits ............................................................................................................ 12.1
Rule 13 - Issuance of New or Amended Operating Permits ........................................................ 13.1
Rule 14 - Permit Duration and Transfers ..................................................................................... 14.1
Rule 15 - Location of Well .......................................................................................................... 15.1
Rule 16 - Deposits and Administrative Fees................................................................................ 16.1
Rule 17 - Reporting & Record Keeping Requirements ............................................................... 17.1
Rule 18 - Water Well Driller/Pump Installer Licenses ................................................................ 18.1
Rule 19 - Classification, Spacing and Production Provisions...................................................... 19.1
Rule 20 - Rate of Decline............................................................................................................. 20.1
Rule 21 - Reworking or Replacing a Well ................................................................................... 21.1
Rule 22 - Protection of Groundwater Quality – Required Equipment on Wells ......................... 22.1
ii

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 23 - Transportation of Groundwater From the District ....................................................... 23.1
Rule 24 - Recharge Wells and Facilities, Including Aquifer Storage and Recovery
Wells and Projects........................................................................................................ 24.1
Rule 25 - Right to Inspect and Test Wells ................................................................................... 25.1
Rule 26 - Notice Requirements..................................................................................... ............... 26.1
Rule 27 – Permit Consideration ................................................................................................... 27.1
Rule 28 – Permit Conditions ........................................................................................................ 28.1
Rule 29 – Test Hole and Test Well Applications and Applications Submitted under Rule 5 ..... 29.1
Rule 30 – Contested Applications................................................................................................ 30.1
Rule 31 – Changed Conditions .................................................................................................... 31.1
Rule 32 – General ........................................................................................................................ 32.1
Rule 33 – Enforcement of Rules .................................................................................................. 33.1
Rule 34 – Effective Date of These Rules ..................................................................................... 34.1
Signatures ..................................................................................................................................... 35.1

iii

PLUM CREEK CONSERVATION DISTRICT
RULES

PREAMBLE
Plum Creek Conservation District is a special law district operating in portions of
Caldwell and Hays County, Texas. The District was created in furtherance of Article XVI,
Section 59 of the Texas Constitution by special legislative act formerly codified as Article 8280194, TEX. REV. CIV. STAT. ANN., as amended. Although the District was created as a Water
Control and Improvement District, the powers and duties of the District were subsequently
expanded to include those of groundwater districts operating pursuant to Chapter 36 of the Texas
Water Code. The Rules established herein, and as may be amended from time to time, areadopted by the District in furtherance of its constitutional and statutory duties to protect,preserve, enhance and insure the beneficial resources within its jurisdiction.

ii

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 1- Definitions
A.

Except, as otherwise provided in these Rules, the definitions contained in Chapter 36,
Texas Water Code, as amended from time-to-time, shall apply to these Rules.

B.

The following words and terms, when used in these Rules, shall have the following
meanings, unless the context clearly indicates otherwise:“Abandoned Well or Deteriorated Well” means: (a) a well, the condition of which is causing
pollution of groundwater in the District; (b) a well which is or is not in use, or one whichcontains no pumping equipment (including an open or uncovered well); or (c) a well which is not
maintained in compliance with applicable law, including the Rules and Regulations of theDistrict, the Texas Water Well Driller’s Act, TCEQ, the Railroad Commission or any other stateor federal agency or political subdivision having jurisdiction.
“Acre-foot” means one acre-foot of groundwater which is equal to 325,851 gallons of water, or
the amount of water necessary to cover one surface acre of land with one foot of water.
“Administratively Complete” means an application that contains all the information requiredby Sections 36.113 and 36.1131 of the Texas Water Code for the particular type of application
presented as determined by the District.
“Administratively Complete Date” means the date on the letter from the District to theapplicant conveying the information that the District has determined that the application is
Administratively Complete. If an application has not been determined to be Administratively
Complete by 180 days following its submission the application shall be returned to the applicant
for re-filing.
“Agricultural Use Well” means a non-exempt well producing not more than 100 acre-feet per
year of groundwater for use for on-site agricultural or livestock use purposes which well has an
Operating Permit issued by the District pursuant to the provisions in Rule 5 of the District’s
Rules.

“Aquifer” means a formation, or group of saturated geologic formations, capable of storing andyielding groundwater in usable quantities.
“Aquifer Storage and Recovery Project” or “ASR Project” means a well or wells, and any
appurtenant facilities within the Boundaries of the District, used for the injection of water into a
geologic formation for the purpose of subsequent recovery and beneficial use by the project
operator that has a permit for the Project issued under Subchapter G of Chapter 27 andSubchapter N of Chapter 36 of the Texas Water Code. ASR Project water production quantities
are limited to the total volume of water injected as part of the operation of the Project. Water
1.1

PLUM CREEK CONSERVATION DISTRICT
RULES
quantities in excess of the volume of water injected as a part of any ASR Project is considered to
be “Native Groundwater”.
“Aquifer Storage and Recovery Well” or “ASR Well” means a well designated or constructed
to be used by the Operator of an ASR Project permitted in accord with the provisions of Section
27.151 and Subchapter N of Chapter 36 of the Texas Water Code.
“Authorized Well Site” means:
1.

The location of a proposed well registered with or proposed to be operated under
an Operating Permit issued by the District described in sufficient detail to allow
the District to establish the well's location in the records of the District. The
location in an application is valid until a registration is completed or theapplication for the well is approved, withdrawn or expires. At that point, thewell's location becomes the one described in the registration or Operating Permit.

2.

The location of a well as stated on a registration or on a permit issued by theDistrict; or

3.

The location of any well producing fresh, brackish or saline water from the
Quaternary, Tertiary, and Cretaceous aquifers, that was in existence at the time
the District Rules were first adopted in December 2003 other than those wells
producing from the Edwards sands, formation or aquifer regulated by either the
Barton Springs-Edwards Aquifer Conservation District or the Edwards
Underground Water District on January 1, 1989; or

4.

The location of a well capable of producing in excess of 25,000 gallons of fresh,
brackish or saline water per day in existence either (i) at the time the District
Rules were revised and adopted on December 29, 2009, or (ii) at the time the area
was annexed into the District, which was producing water from the Quaternary,
Tertiary, and Cretaceous aquifers, and is not considered to be an abandoned wellor deteriorated well; or

5.

The location of a well drilled after the District’s Rules were adopted, or after thearea was annexed into the District, which has a properly completed registrationand Log of Well on file in the District office and which is not “Abandoned” or“Deteriorated; or

6.

The location of any Exempt Well.

“Beneficial use” or “Uses for a Beneficial Purpose” means the use of an amount of water in a
non-wasteful manner contemplated by Section 36.001(a), Texas Water Code.

1.2

PLUM CREEK CONSERVATION DISTRICTRULES“Board” means the governing body of the District as prescribed by the District’s enabling
legislation.
“Commission” means the Texas Commission on Environmental Quality, or the “TCEQ,” andany successor agency.
“Contiguous” includes separately described tracts of land owned or leased by an Applicant
touching at any point or separately described tracts of land only displaced from touching othertracts of land owned or leased by the Applicant by a road. other transportation rights of way.
Contiguous land used for calculation of acreage requirements does not have to be within theboundaries of the District but may not be used or proposed for use for permitting of a well underby another groundwater district.
“Dewatering Well” means a temporary boring or opening in the ground surface made inconnection with a construction project that encounters groundwater, meets the appropriate
portions of Rule 5 and is then Authorized under the provisions of Rule 5.
“DFC” Desired Future Condition means a quantified description, adopted in accordance with
Section 36.108, of the desired condition of the groundwater resources in a management area at
one or more specified future times.
“District” or “PCCD” means the Plum Creek Conservation District, created by special
legislative enactment formerly codified as Article 8980-126, TEX. REV. CIV. STAT. ANN. Whenused in these Rules in connection with actions, the term “District” means actions of the Board of
the District and of employees of the District when the employees are acting in accordance withthese Rules.
“District Office” means the District’s principal place of business located in Caldwell County,
Texas at 1101 West San Antonio St., Lockhart, Texas 78644.
“Domestic Use” means the use of water by an individual or a household to support domestic
activity. Such use may include water for drinking, washing, or culinary purposes; for irrigationof lawns, or of a family garden and/or family orchard; for watering of domestic animals; and for
non-commercial water recreation including aquatic and wildlife enjoyment. Domestic use does
not include water used to support activities for which consideration is given, bartered or
received, or for which the product of the activity is bartered or sold.
“Easy Access” means access to a well that is not obstructed by equipment and the fitting(s) canbe removed and replaced with a minimum of tools and/or effort, and without risk of breakage ofany attached parts.
“Electric Log” or “Geophysical Log” means the representation of results of tests made by awire line measurement of natural gamma radiation and/or of measurements of various forms of

1.3

PLUM CREEK CONSERVATION DISTRICT
RULES
resistivity/conductivity from electrodes placed within an open or cased well or and/or other wireline geophysical tools used to determine formation and/or well characteristics.
“Executive Manager” means the person who is employed by and acts as the Executive Managerof the District.
“Exempt Well” means a well exempted from permitting by PCCD in Rule 10 of these Rules or
exempted from permitting by the provisions of Chapter 36, Texas Water Code. Water produced
from Exempt Wells can be used only for purposes related to the claimed exemption.
“Existing Well” means a well that was drilled prior to December 31, 2003.
“Foreign substance” means any element or combination of elements in excess of that naturally
occurring in the groundwater, including re-used or re-claimed water and tailwater, and may also
include instances where open-ditch water is treated when a pump discharge pipe is submerged in
the ditch.
“GPD” means gallons per day.
“GMA” means a groundwater management area designated by the TWDB.
“Groundwater” means water percolating below the surface of the earth.
“Groundwater Reservoir” means a specific subsurface water-bearing reservoir having
ascertainable boundaries containing groundwater.
“Historic Use” means the amount of production of groundwater from a non-exempt well forbeneficial use without waste prior to 2004.
“Injection well” means a non-ASR Project Well that is an artificial excavation or opening in the
ground made by digging, boring, drilling, jetting, driving, or some other method, and used to
inject, transit or dispose of water, or any other fluid, into a water bearing subsurface stratum. An
Injection Well may be regulated pursuant to Chapter 27, Texas Water Code and subject to thejurisdiction of either the Texas Commission on Environmental Quality and/or the Texas Railroad
Commission.
“Lithologic Log” means a log constructed from cuttings and/or cores describing the sediments
and rocks encountered in the borehole.
“Livestock Use” means the use of groundwater for the open-range watering of animals,
including exotic livestock, game animals or fur-bearing animals on property designated for
agricultural use and holding agricultural use or wildlife management status associated with open
space land devoted to farm, ranch or wildlife purposes on the basis of its production capacityfrom the appropriate appraisal district.

1.4

PLUM CREEK CONSERVATION DISTRICT
RULES“Maximum Historic Use” means the maximum amount of groundwater pumped from a nonexempt well without waste during any consecutive twelve-month period ending prior to
December 31, 2003.
“Mitigation Plan” means the procedures and actions to address impacts of permitted orregistered groundwater wells except those having permits issued under the provisions of Rule 5of these Rules located on properties in the District. A Mitigation Plan can be one adopted byRule by the District or approved by the District in connection with an application for an
Operating Permit for a well or Well Field Project, or one mandated by the District’s Mitigation
Requirements. Any Mitigation Plan can include a request for consideration of the Applicant’s
mitigation efforts in place with other groundwater districts or Well Field Projects.
“Modeled Available Groundwater” or “MAG” means the amount of water that the Executive
Administrator of the Texas Water Development Board determines may be produced on an annual
average basis to achieve a desired future condition established under Section 36.108 of the Texas
Water Code.
“Monitor well” means a producing or non-producing well designated or constructed to measure,or monitor, either the quality, or quantity or movement, of substances, elements, chemicals or
fluids beneath the surface of the ground. The term does not include any monitoring well which isused in conjunction with the production of oil, gas or any other minerals.
“Native Groundwater” means groundwater that is under the surface of property in a volume
and quality that is present without consideration of water in place because of injection into thesubsurface from operation of an ASR Project.
“Owner” means, and includes, any Person having the right to produce groundwater either byland or groundwater ownership, contract, lease, easement or any other estate in the land or water.
“On-Site” means on property owned or controlled by a holder of a groundwater production
permit or registration even if such property is not contiguous to the property tract where the well
producing the permitted or registered water is located if the permit holder desires to haveadditional land included within any application submitted to the District. If such land isconsidered to be “on-site” land for any particular application or permit, then such land cannot be
used for land surface area calculations for any other application submitted to the District or any
other Groundwater District.
“Operating Permit” means a permit for production of groundwater from a non-exempt wellissued by the District under these Rules.
“Permit Holder” means a person to whom the District has issued an Operating Permit, or aperson to whom an Operating Permit has been transferred in compliance with these Rules.

1.5

PLUM CREEK CONSERVATION DISTRICT
RULES“Permitted Well” means a non-exempt well that has been issued an Operating Permit underthese Rules or has received other authorization by the District.
“Person” means any individual, partnership, corporation, organization, government, government
subdivision or agency, business trust, estate or any other legal entity or association.
“Pollution” means the alteration of the physical, thermal, chemical, or biological quality of, or
the contamination of, groundwater in the District that renders the groundwater harmful,detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety
or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful orreasonable purpose.
“Railroad Commission” means the Texas Railroad Commission.
“Re-equip” means to replace any portion of the water producing equipment in a well.
“Registered Well” means an exempt well that has been registered with the District.
“Rework” means any alteration of a well whether accomplished by mechanical or chemicalmeans.
“Saturated thickness” means the vertical distance between the water table and the base of thegroundwater reservoir.
“SOAH” means the State Office of Administrative Hearings.
“Storage Coefficient” means a unitless number used by the District in evaluating permit
applications. To be valid for use by the District in such evaluations a “Storage Coefficient” mustbe larger than 1.0E -6.
“Subsidence” means the lowering in elevation of the land surface caused by withdrawal ofgroundwater.
“TCEQ” means the Texas Commission on Environmental Quality.
“Test Hole” means an excavation into a geological formation that is intended to determine theformation’s characteristics for the purposes of producing groundwater to be put to some lawful
purpose.
“Test Well” means a Well drilled and completed for the purpose of determining aquifer
characteristics through water production during a short period of time. A Test Well is not a
Production Well having an associated Operating Permit. A Test Well can subsequently receive
an Operating Permit as a non-exempt production well or be converted into a monitor wellfollowing submission of an appropriate application. An application for a Tier II Operating Permit

1.6

PLUM CREEK CONSERVATION DISTRICT
RULES
requires Test Well results for permit issuance, and the District may request Test Well results forconsideration of some Tier I well applications.
“Tier I Well” means a well that has an Operating Permit with annual pumping limit of 300-acrefeet or less. An Agricultural Use Well permitted under Rule 5 is considered to be a Tier I Well.
“Tier II Well” means any well having an Operating Permit that does not qualify as a Tier I
well.
“Transportation Facility” means any system used for transporting any quantity of native
groundwater produced from a well(s) located, or to be located, within the District. An ASR Wellthat is part of a Transportation Project is not a well permitted by the District unless water is being
produced from the well in excess of water quantities injected into the storage facility in whichcase the well requires a permit issued by the District.
“TWDB” means the Texas Water Development Board.
“Underground Water” means native groundwater but does not include the volume of water
injected as a part of an ASR Project.
“Waste” means any one, or more, of the following as applied to wells:
1.

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 flowing, or producing, of water from wells completed in a groundwater
reservoir if the water produced is not used for a beneficial purpose;3.

The escape of groundwater from a groundwater reservoir to any other reservoir or
geologic strata that does not contain groundwater. As used herein, the term
“escape” does not include water intentionally transferred from a groundwater
reservoir into another groundwater reservoir for beneficial use in connection with
an ASR project or groundwater discharging to the surface in natural springs;

4.

Pollution or harmful alteration of groundwater in a groundwater reservoir bysaltwater or by other deleterious matter admitted from another stratum or from thesurface of the ground;5.

Willfully or negligently causing, suffering or allowing groundwater to escapefrom a well into any river, creek, natural watercourse, depression, lake, reservoir,
drain, sewer, street, highway, road or road ditch, or onto any land other than thatof the owner of the well for a non-beneficial purpose, unless the same isauthorized by a permit, rule or order issued by the District, or by the TCEQ undereither Chapter 11 or 26 of the Texas Water Code;
1.7

PLUM CREEK CONSERVATION DISTRICT
RULES
6.

Groundwater pumped for irrigation that is not contained in tailwater retention
ponds and escapes as irrigation tailwater onto land, other than that of the owner ofthe well(s), unless permission has been granted by the occupant of the land
receiving the tailwater, and the same is used for a beneficial purpose;7.

For water produced from an artesian well “Waste,” also has the meaning assigned
by Section 11.205 of the Texas Water Code; or“Water Classes”:
PCCD Definition Water Classes
Fresh
BrackishVery Saline
Sea Water
Brine

Total Dissolved Solids (mg/l)<1,0001,000-10,000
10,001-35,000
35,000> 35,000“Water Well” means any artificial excavation including a well permitted and operated as a partof an ASR Project constructed for the purpose of exploring for, monitoring, recharging, storingor producing, groundwater other than: (i) test or blast holes in quarries or mines; (ii) any well(s)or excavation(s) for the purpose of exploring for, or producing oil, gas or any other minerals,
unless the produced groundwater is exempt from regulation of a groundwater district under
Chapter 36; or (iii) any injection well regulated by the Railroad Commission or an ASR Project
injection Well regulated by TCEQ. The term “Water Well” includes Test Holes as described inRule 3 of these Rules and Dewatering Wells as described in Rule 5 of these Rules.
“Well” includes any “Water Well” defined in these Rules.
“Well Field” means a group of two or more non-ASR wells having Operating Permits issued by
the District all of which wells being under the ownership or control of a common Operating
Permit holder with each Well in the group being located within a 5,000 foot radius of at least one
other well in the group.”"Well Field Project" means an application submitted to the District for Operating Permits in asingle purpose water supply project that will use multiple water wells installed and developed
over a period of time for use in connection with the Well Field Project. A Well Field Project can
include wells that are to receive Operating Permits issued by the District and ASR Wells
permitted by TCEQ. Multiple exempt wells used for a single purpose do not require a Well Field
Project
applicationorpermit.

1.8

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 2 - Waste, PollutionA.

Groundwater shall not be produced, or used, within the District in such a manner, or
under such conditions, as to constitute Waste. Groundwater shall not be produced froman abandoned or deteriorated well; or from any permitted or registered well at greater
rates or in greater quantities than authorized by law or these Rules for such well.

B.

Any person producing, or using groundwater, shall use every possible precaution to avoid
and prevent Waste.

C.

Within thirty (30) days following written notification from the District, the owner of awell(s) identified as an abandoned or deteriorated well must initiate action to ensure thatthe abandoned or deteriorated well is plugged, covered, or reworked in accordance withthe requirements of the District and any applicable statewide law, or any rule of anagency or political subdivision having jurisdiction including, but not limited to the Texas
Water Well Driller's Act, Chapters 35 and 36, Texas Water Code, the TCEQ, andRailroad Commission. Final plugging, covering or re-working shall be accomplishedwithin ninety (90) days of the well owner receiving notice.

D.

Groundwater produced from a Well that does not have an associated Operating Permit
issued by the District is Waste unless the well (i) qualifies and is registered as an Exempt
Well in accord with Rule 10 of these Rules, is permitted under Rule 5 of these Rules, or(ii) is an ASR Well in an ASR Project that is recovering a quantity of water within thelimits of the ASR Project’s TCEQ permit.

E.

Long term production of quantities of water in excess of recharge rates for an aquifer orfor a group of aquifers that result in declines in water levels in an area or aquifer inexcess of those following determinations made pursuant to the provisions of Rule 20, or
production of water causing or leading to Pollution, may be determined to be Waste
under, these Rules.

F.

“Waste” can result in the well Owner or Operator being subject to an order to cease theactivity considered to be Waste and also being required to address impacts of the wastefulproduction following a determination made by the District in accord with Rule 20 ofthese Rules and the District’s Mitigation Rules.

2.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 3 - Test HolesA.

A test hole can be used to determine some subsurface characteristics for use with othertypes of well applications. A test hole cannot be used to produce water for any purpose
except that of characterizing the subsurface formation and water contained in thoseformations unless it is converted into a water well having an Operating Permit issued
after consideration of an appropriate application, or a monitor well, or a registered
exempt well.

B.

A person wishing to explore for groundwater by using one or more test holes must filewith the District an application for authority to drill the number of desired test holes prior
to commencement of drilling each test hole. The application for authority to drill one ormore test holes shall be accompanied by payment of the prescribed fee(s), and include allof the following additional information:
1.

A legal description of the tract upon which the test hole is proposed to be drilled;

2.

The date for commencing drilling of the test hole or the time period during which
all test holes will be drilled;

3.

The exact location of each test hole, including longitude and latitude coordinates,
the name of the current landowner as listed on the tax roll with the volume andpage data from the Caldwell or Hays County Deed Records, and the approximate
distance and location in fact to the nearest public road, property line or otherlandmark; and the survey in which the land is located;

4.

If the person proposing to obtain permission for the test hole is not the owner of
the Property on which the drilling activity is to take place, the person seeking
authority for the test hole must furnish some written document evidencing
authority to be on the property for the purposes of exploring for groundwater
through test holes;

5.

The name and address of the driller or contractor;

6.

The date the test hole(s) is to be completed;7.

An acknowledgement that the person(s) responsible for drilling of the test holewill provide drilling logs and/or plugging reports to the District upon completionof the test hole operation;

8.

An acknowledgment that each test hole will either be properly plugged on or
before the expiration of the test hole permit or, if a decision is made to convert atest hole to a permitted water well having an Operating Permit or into a monitor
well, that the test hole will be capped with a covering capable of sustaining a

3.1

PLUM CREEK CONSERVATION DISTRICT
RULES
weight of at least 400 pounds until the test hole is converted into an exempt well,a well having an Operating Permit or into a registered monitor well;9.

An acknowledgment that the owner will make appropriate applications to theDistrict pursuant to Rule 4 for conversion of the test hole into a well having an
Operating Permit or into a Monitor Well or registered exempt well within sixty(60) days of completion of drilling if the test hole(s) is not plugged; and10.

Any other information deemed necessary by the District.

C.

If the test hole is not completed as an exempt well or no application is received by theDistrict to convert the Test Hole into a Monitor Well or a well having an Operating
Permit within one (1) year after the stated date for completion of the test hole, the test
hole must be plugged; provided, however, that the District may grant authority to further
extend the period during which the test hole may remain unplugged.

D.

Authority to drill Test Holes may be granted by the District’s Executive Manager if theManager determines that all required information has been submitted and that the fees
have been paid. Any extension of time for a Test Hole to remain unplugged must be
submitted to and approved by the District’s Board.

E.

Drilling activities pursuant to the authority granted for a Test Hole must commence
within one hundred twenty (120) days following the issuance of authority to drill a Test
Hole.

F.

If the person to whom Test Hole authority is issued fails to plug the Test Hole as
required, the District may act to plug the Test Hole and seek to recover its costs from theApplicant.

3.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 4 - Well Applications & Registrations
A.

All wells, including exempt wells, ASR Project wells authorized pursuant to Chapter 27of the Texas Water Code, and Monitor Wells, must be registered with or permitted by theDistrict in order for the District to consider the effects of other permit applications on thewell. Failure to register a well with the District or to obtain an Operating Permit for awell will result in the well without a registration or permit not being considered in adecision of the District to issue Operating Permits for wells. If the District becomesaware of an existing Exempt Well or an ASR Project Well, it may invite the owner tosubmit a registration for the well. However, until a registration request is received fromthe owner the District will not consider the well to be registered.

B.

All applications submitted to the District for Operating Permits for new wells other thanMonitor Wells, and Dewatering wells, are subject to spacing requirements, if any, relative
to any approved well permit(s) or existing registered well(s) if the new well application
request is to produce from the same formation as the existing registered, or permitted,
well. Existing Wells are not subject to spacing limits; provided however, that any permit
renewals or amendment requests to increase the well size, amount of production or rate ofproduction, of an Existing Well shall be subject to the District’s spacing and production
requirements then in effect. ASR Project recovery wells are not subject to the permitting,spacing and production requirements of the District so long as the amount of groundwater
recovered from the wells does not exceed the volume authorized by the Commission to
be recovered under the Project. Should production exceed the amount authorized by theCommission for the Project, the District’s permitting, spacing and production
requirements apply.

C.

All exempt Existing Wells, including Exempt Wells, Monitor Wells and wells used inconnection with continuing oil and gas operations, shall be registered with the District. If
a person desires to drill a new Exempt Well, including a new Exempt Well being drilled
or to be used in connection with oil and gas or mineral operations, the well owner or
operator must register such new well.

D.

All wells, whether exempt, registered or permitted, shall be equipped and maintained inaccordance with all applicable state laws and these Rules as to drilling, installation ofcasing, completion, and pipe and fittings to prevent (i) the escape of groundwater from agroundwater reservoir to any reservoir not containing groundwater, (ii) the pollution or
harmful alteration of the character of the water in any groundwater reservoir, and (iii)
waste.

E.

Forms for permit applications and registrations approved by Board Resolution will bemade available by the District.

F.

Each registration and/or permit application filed with the District shall be accompaniedby the applicable prescribed fee(s).

4.1

PLUM CREEK CONSERVATION DISTRICT
RULES
G.

All applications shall be sworn to by the applicant.

H.

Unless the drilling and/or operation of a well is exempt, either by law or by these Rules,
or is associated with the drilling and/or operation of an ASR Project that is recovering aquantity of water within the limits of the ASR Project’s TCEQ permit, no person shall (i)operate a well, (ii) begin to drill a well, (iii) perforate or screen an existing well, or (iv)increase the size of an existing well or a pump therein, without first applying to theDistrict for, and receiving an Operating Permit for groundwater production. Monitor
Wells must be registered with the District and must comply with the District’s reporting
requirements for results from that well as established with the registration.

I.

Owners of Existing Wells that do not qualify as Exempt Wells, and owners of wells in
ASR Projects that are recovering a quantity of water in excess of the ASR Project’s
TCEQ permit must apply to the District for an Operating Permit to continue operating theWells. An application for each such well must be filed with the District within one (1)year after the date these Rules are adopted. An Existing Exempt Well for which a
registration application has been filed may continue to be operated in a non-wastefulmanner.

J.

All applications for Operating Permits, groundwater production authority under Rule 5,
and registrations filed with the District shall include all of the following information
unless noted otherwise in these Rules:
1.

Name and mailing address of the applicant/registrant and, if different, the ownerof land on which the well is or will be located;2.

If the applicant/registrant is other than the owner of the property, documentation
establishing the applicable authority to construct and/or operate on the property
described in the application for the proposed use;

3.

The location of the Existing Well or the location where a new well, test well or
test hole is to be drilled in sufficient detail to allow the District to locate theplacement of the well with reference to property ownership records and locationfrom access points;

4.

A statement of the nature and purpose of the existing/proposed action, the amountof water to be used for each purpose, and the estimated rate at which water will be
produced from the well;5.

An acknowledgment by the applicant/registrant that required information in any
Operating Permit will be furnished to the District by the applicant/registrant uponcompletion of the well(s) and prior to production of water therefrom under any
Operating Permit;

4.2

PLUM CREEK CONSERVATION DISTRICT
RULES
6.

A water conservation and drought contingency plan, or a declaration that theapplicant/registrant will comply with the District’s Groundwater Management
Plan;

7.

A water well closure plan, or a declaration that the applicant/registrant willcomply with well plugging guidelines and report closure to the TCEQ and theDistrict;

8.

For Well Fields the following additional information: (i) the total number ofwells within the Well Field; (ii) the location of each well within the Well Field;(iii) the cumulative maximum production limit from all wells in the Well Field;(iv) the anticipated maximum instantaneous production rates for each well in the
Well Field; (v) the proposed construction completion date for all wells in the Well
Field, including the construction completion date for each Well in the Well Field
if available; and9.

Any other additional information deemed necessary by the District and authorizedby Chapter 36 of the Texas Water Code.

4.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 5 – Non-Exempt Agricultural Use Well Permits and Dewatering Well Permits
I.

Non-Exempt Agricultural Use Wells
A.

In lieu of making an application for a standard Operating Permit an owner of land
seeking to use groundwater for agricultural or livestock use purposes on-site may
apply for an Operating Permit under the provisions of this Rule 5. To qualify for an
Operating Permit under this Rule 5 the applicant may seek an Operating Permit for
one well to produce not more than a total of 100 acre feet per year if the property on
which the well is to be located contains at least 200 acres. If the tract of land on
which the well is to be located contains less than 200 acres, the application can bemade under this Rule for an Operating Permit for a lesser annual production quantityof one-half acre foot per acre for the owned tract. Production rates for such wells arelimited to production rates no greater than those allowed for Tier I wells producing
the same total annual quantity or water from the same aquifer as the well to bepermitted under the terms of this Rule. To qualify for an Operating Permit under thisRule, separate tracts of land can be totaled by an applicant but the separately tracts
must be contiguous and under the same ownership or all of the lands leased by theapplicant. No permit under this Rule 5 may be issued for production of more than
100 acre feet per year. If lands sought to be included in the land area for which an
application is sought under this Rule 5 are leased, the lease supporting the applicationmust be provided with the Application and the lands supporting the application for apermit issued under the terms of this Rule must not have been used to support another
Operating Permit for groundwater production issued by the District or a different
groundwater district.

B.

Only a single Non-Exempt Agricultural Use Well Permit may be issued for a single
or for contiguous tract(s) of contiguous property that is/are under one ownership.

C.

The water produced from a non-exempt agricultural well under this Rule must be
used for agricultural or livestock use on-site for the non-exempt agricultural Well
permit to remain valid.

D.

The District will develop and make available a form for an application for a nonexempt agricultural use well.

E.

An application for a non-exempt Agricultural Use well permit under this Rule is not acontested case.

F.

All of the requirements in the District’s Rules are applicable to wells permitted under
Rule 5 in accordance with the provisions of each of those Rules.

G.

Should leased lands be included in the application for such well, any permit issued
shall require a verified annual statement that the lease over such lands is still valid. If
a lease terminates or a required annual report stating that the lease is still in effect is

5.1

PLUM CREEK CONSERVATION DISTRICT
RULES
not received by the end of January after a calendar year concludes, the lease shall bedeemed to be terminated and the pumping permit amount shall be proportionallyreduced by the lease land that was included in the original amount of acres supporting
the grant of the permit under this Rule.
H.

A non-exempt Agricultural Use Well authorized under the terms of this Rule is a Tier
I well that has obtained an Operating Permit that is limited to water production andthe specific uses authorized under the terms of this Rule 5.

II.

Dewatering Wells

A.

Should a contractor or landowner encounter groundwater within fifty (50) feet below thenormal ground surface during an excavation for any construction project that requires thegroundwater to be addressed to complete the construction project, the Owner orContractor may apply to the Executive Manager for a permit of temporary duration toallow the groundwater to be produced to allow the construction project to continue tocompletion.

B.

The Request for authorization does not need to contain the information described in Rule
4 but must contain the information stated in this Section of these Rules. A Request for
authorization to dewater must be submitted in writing to the Executive Manager. Any
Request must identify the depth of the anticipated excavation, the dimensions of the
proposed dewatering excavation of well, the location and owner of the property on which
the construction is taking place, note any nearby streams, and give an estimated time forcompletion of the required period for which the authority is requested. The Request mustalso identify the use to which the water removed during the dewatering is to be put, must
confirm the applicant’s intent to comply with the prohibition against waste in these Rules,
and must provide enough information so that the District and, if necessary, TCEQ canmake a determination that the water being encountered is groundwater owned by theowner of the surface of the tract involved and is not State-owned surface water. If the
proposed produced groundwater is to be used in the Construction Project, the Contractor
must provide the District with documentation that the Contractor has authority from theProperty owner to produce and use the groundwater in the project. It the District has anyquestion about the classification of the water as Groundwater or Surface water, the person
submitting the request may be asked to furnish documentation from TCEQ that thecharacter of the water encountered is groundwater and not surface water.

C.

The Request is not a contested case matter and Authority for the dewatering may be
issued by the Executive Manager after giving a minimum of 10 days’ notice to theProperty owner of the receipt of the Request to allow the Property owner to submit
comments or objections, or to state that the owner is consenting to the use of the
produced groundwater in the Construction project. Any authorization issued by the
Executing Manager for the use of groundwater under this Rule must contain a date andtime when the authorization will automatically expire.

5.2

PLUM CREEK CONSERVATION DISTRICT
RULES
D.

An authorization issued under this Rule may not be renewed. If more time forgroundwater dewatering is requested, a new application must be submitted. In no event
shall this Rule be used to authorize groundwater production from one location and project
for a term of more than sixty (60) days.

5.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 6 – Test Well PermitsA.

An Application for a Test Well Permit may include all of the information required in 4.Jof these Rules.

B.

An application for a Test Well Permit is not a contested case and can be issued by the
Executive Manager of the District or may be referred by the Executive Manager to theBoard for consideration and action. A test well Application does not require formal
notice to other landowners prior to action on the Application.

C.

Test Well results shall be required for completion of processing and issuance of an
Operating Permit for any Tier II well, and may be necessary for processing andpermitting of Tier I wells in some instances (such as a request for a deviation or avariance from requirements in these Rules), depending on the geologic facts related to theapplication being considered.

D.

Test Well Parameter Reporting Requirements supporting applications are as follows:
TEST REPORTING REQUIREMENTS
Test Well
Drawdown

Hydraulic
Conductivity(K)

Transmissivity(T)

Regional
Drawdown
Maps

Storage
Coefficient

Feet

Ft/dayFt2/day
Feet
Unitless
If the Cooper-Jacob method is 50’ contours or A
numberused, divide gpd/ft by 7.48 to less.
below 1.0E6.
obtain the required units shown
above.

E.

Drilling activities pursuant to a Test Well Permit must commence within one hundred
twenty (120) days following the issuance of the Test Well Permit or the Permit expires.
The Test Well must be completed within 120 days following the initial drilling date or
the Test Well Permit shall expire. The Executive Manager or Board may extend theinitial period of a Test Well Permit for one additional one hundred twenty (120) day
period.

F.

A Test Well Permit may be extended for a term of no more than five (5) years from thefirst date any Test Well Permit for the well in question was first issued conditioned upondrilling activity commencing within one hundred twenty (120) days and completion of
the Test Well within an additional 120 day period or some other period allowed pursuant
to Rule 6.E. No extension of the initial period of a Test Well Permit for a term of morethan five (5) years from the date of first issuance of the Permit shall be considered by the
6.1

PLUM CREEK CONSERVATION DISTRICTRULESDistrict unless the District receives an application to convert the Test Well into a
production well with an Operating Permit, or into a Monitor Well, during the period
when the Test Well Permit is valid.
G

A Test Well can be converted to a production well with an Operating Permit, or to a
Monitor Well or exempt well after submission and processing of an appropriate
application or registration. If the District has not received and application to convert a test
well into a well having an Operating Permit, or into a Monitor Well, during the Test Well
Permit term, the Test Well must be either plugged or completed and registered as an
exempt well within one hundred twenty (120) days after the expiration of the Test Well
Permit. If the Test Well Permit holder fails to complete and register the test well as an
exempt well or properly plug it as required, the District may act to plug the Well andrecover its costs from the Applicant.

6.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 7 – Additional Operating Well Permit Application Requirements
A.

An application for an Operating Permit for a new non-Exempt well except a well (otherthan a well authorized under the provisions of Rule 5 of these Rules), for a Well Field,
for a Test Well that is to be converted into a Monitor Well under Rule 6, or for an
Operating Permit for an ASR Well that is subject to the Rules of the District because its
production will exceed that amount of injected water as authorized in a permit issued by
TCEQ, must include all of the following additional information:
1.

Copies of any either (i) other applications for permits previously submitted to,
and/or (ii) permits issued by the District for the subject well;2.

All information required in 4.J of these Rules to the extent such information has
not been previously supplied;3.

The drilling log, lithologic log or geophysical log(s) (in TIFF format if available)
prepared during the drilling of the subject well;

4.

Results and information from any and all Test Wells related to the Application
performed in accord with the provisions of Rule 6 of these Rules;

5.

Identification of the aquifer(s) from which water will be produced and thescreening or perforation interval(s);6.

The proposed use of the well(s);7.

The total number of gallons per minute the pump(s) is capable of producing;

8.

The maximum rate and duration of the period at which the well(s) is going to be
produced in gallons per minute;9.

The volume of water to be produced annually;

10.

The number of acres owned or leased for water production by the applicant fromwhich groundwater is to be produced as recorded in the Official Records of theappropriate County or Counties where the lands are located. The acres that the
Applicant requests be considered must not be included in an area of landcalculation required for permit issuance by the District or any other groundwater
district that has issued an Operating Permit for production of groundwater or has
such an application under consideration. Land used for calculation of acreage
under this Provision does not have to be within the boundaries of the District.;

11.

The number of acres owned or leased for water production by the applicant
associated with and dedicated to production solely from the proposed Well or
Well Field;

7.1

PLUM CREEK CONSERVATION DISTRICT
RULES

B.

C.

12.

Historic use if the well qualifies for such consideration and permitting is not being
requested under Rule 5 of these Rules; and13.

Additional information that may be required by the Board, and authorized by
Chapter 36, Texas Water Code.

To obtain an Operating Permit for an Existing Well based upon its Historic use thefollowing additional information shall be provided to the District on forms provided by
the District:1.

All information required in 4.J of these Rules if it has not been previously
supplied;2.

If available, a technical description of the well including, but not limited to, all of
the following:(a)a copy of the driller’s lithologic log and geophysical log for the well;(b)a completion record showing the depth of the well, the casing diameter,
type and setting, and the perforated intervals;(c)the size of the pump used to produce groundwater from the well; and thedate the well was drilled;

3.

The purposes of use for which water has historically been produced;

4.

The highest volume of water produced during any consecutive twelve (12) month
period prior to January 1, 2004 supported by documentary evidence corroboratingsuch production and use;

5.

If known, monthly production during a period of twenty-four (24) consecutive
months or for the number of months less than 24 during which the well has
operated;

6.

The number of contiguous acres owned or leased for water production from which
the groundwater has been produced from the Existing Well;

7.

The number of acres owned or leased for water production by the applicant; and8.

Additional information that may be required by the Board, and authorized by
Chapter 36, Texas Water Code.

If any information listed is not available, a statement by the applicant that the information
could not be located. If the listed information could not be located, the Executive
Manager may determine that the application is Administratively Complete, but the
Application could not be properly evaluated, and return it to the applicant, or present the7.2

PLUM CREEK CONSERVATION DISTRICT
RULES
application to the Board for action. The Board may either deny such an application
without a hearing or set such an application for a hearing to be considered on the basis of
the information contained in the application

7.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 8 – Transportation Permit Applications
A.

An application to obtain a “Transportation Permit” for water produced from a well orfrom a group of wells in a Well Field Project within the District pursuant to Operating
Permits must include all of the information described in Rule 4.J and Rule 7 of theseRules, as well as the following information to the extent it has not been furnished in any
other application:
1.

The name and address of the owner(s) and/or operator(s) of the transportation
facility;

2.

The location of the well or wells from which groundwater to be transported is tobe produced;

3.

A map reflecting the location of the well(s) and the transportation facility;

4.

The name(s) and address(es) of the owner(s) of the land(s) upon which the well(s)from which water is to be produced and transported are located;

5.

The Operating Permit number of any currently permitted well or wells used to
produce water to be transported;

6.

Applications associated with Well Field Projects shall state that the information
required in Rule 7 A, B and C for each well shall be supplied within 120 days
following the completion of each well in the permitted Well Field Project. Upon
submission of such information and approval by the District each well in the Well
Field Project shall then be considered a well having an Operating Permit;

7.

A description of the facilities used to transport groundwater;

8.

The time schedule for construction and/or operation of any new transportation
facility;

9.

A copy of the construction and operation plans, including but not limited to, all of
the following:(a)

A technical description of the Transportation Facility;(b)

Information showing the effect, if any, of the proposed transportation on
the quantity and quality of water available within the District under theappropriate MAG;

10.

Credible scientific evidence that the proposed operation will not cause pollution,
waste, or subsidence;

11.

A Mitigation Plan for the well or Well Field Project; and8.1

PLUM CREEK CONSERVATION DISTRICT
RULES
12.

Additional information that may be required by the District, and authorized by
Chapter 36, Texas Water Code.

8.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 9 – Miscellaneous Applications
A.

Applications for permits for non-Exempt Wells or operations affecting groundwater
resources in the District not described in any other Rule must include the information
described in Rule 4, if the information has not been previously provided to the District. If
the information has been provided, an application made under this provision may
reference the information by owner and date or by another reference clearly identifying
where the information can be located.

9.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 10 – Exempt Wells
A.

Wells completed and operating under the provisions of Section 36.117 of the Texas
Water Code are exempt from permitting by the District. However, all such wells are
subject to the other applicable terms of these Rules, including notices, reporting andcompletion requirements that apply to the appropriate type of well that is exempted frompermitting. The owner or driller of any Exempt well is required to file with the District
the well log required by Section 1901.251 of the Texas Occupations Code, thecompletion report for the well, and, if available, the well’s geophysical log. Water
produced from Exempt Wells can be used only for purposes related to the claimed
exemption.

B.

Domestic Use Wells
1.

A well used solely for domestic use is exempt from the need to obtain an
Operating Permit from the District as long as all the requirements of this Rule
10.B are met. Groundwater produced from any exempt well under this Rule 10.B
may be used only for domestic and livestock purpose.

2.

Any domestic use well producing water from any formation in the District must
be drilled, completed and equipped so that it is incapable of producing more than
25,000 gallons of groundwater per day.

3.

A well producing water for domestic use purposes is not exempt from therequirement to obtain an Operating Permit from the District if the well is usedsolely to supply water to a subdivision of land for which a plat approval isrequired by Chapter 232 of the Texas Local Government Code. If a well is used
to supply water for domestic use to a subdivision of land requiring plat approval
pursuant to the provisions of Chapter 232 of the Texas Local Government Code at
the time the well is drilled or at some later time, all of the permitting requirements
applicable to the well based on its production capacity apply to the well.

4.

The driller of a domestic use well that is exempt from permitting under theprovisions of this Rule and of Chapter 36 of the Texas Water Code is required tofile the drilling log of and a completion report for the well with the District.

5.

The owner or operator of a domestic well exempt from permitting under theprovisions of this Rule and of Chapter 36 of the Texas Water Code must register
the well with the District. Registration shall not be complete until information
required to be submitted to the District has been furnished or the Executive
Manager has agreed to designate the well as being registered. An exempt wellthat is not registered with the District will not be considered in evaluating
applications submitted to the District.

10.1

PLUM CREEK CONSERVATION DISTRICT
RULES

C.

6.

Any domestic well exempt from permitting under the provisions of Section 10.Bof these Rules and of Chapter 36 of the Texas Water Code must be equipped andmaintained so as to conform to the District’s rules requiring the installation ofcasing, pipe and fittings to prevent the escape of groundwater from a groundwater
reservoir to any reservoir not containing groundwater and to prevent the pollution
or harmful alteration of the character of the water in any groundwater reservoir.

7.

Any alteration of an exempt well to increase its capacity to produce water, or tochange the use of water begin produced from domestic use to any other nonexempt use, requires the submission of an appropriate application for the well.
Use of the exempt well for the new use or for the greater production may continue
until the District has made a decision on the application for a permit for the wellor for one year after the change in use or alteration occurs, whichever is theshorter period.

8.

Water transported outside the District that is produced for domestic purposes froman exempt well located within the District is subject to export fees imposed by theDistrict.

9.

The District may not restrict production from a well that is exempt from the need
to obtain a permit because it is a domestic use well drilled, completed andequipped so that it is incapable of producing more than 25,000 gallons per day ofgroundwater.

Livestock and Poultry Use Water Wells
1.

A well used to provide water for livestock or poultry use on a tract of land larger
than ten (10) acres is exempt from the need to obtain an Operating Permit fromthe District for the production of water from the well as long as all therequirements of this Rule 10.C are met.

2.

Exempt livestock and poultry use water wells are subject to the District’s spacing
rules in Rule 20 of these Rules.

3.

Any Exempt well producing water from any formation in the District for livestock
and poultry use on a tract of land larger than ten (10) acres must be drilled,
completed, equipped and/or operated to limit its production to no more than
25,000 gallons of groundwater per day.

4.

The driller of well that is exempt from permitting under the provisions of thisRule and of Chapter 36 of the Texas Water Code because the produced
groundwater is being used for livestock and poultry use on a tract of land larger
than ten (10) acres is required to file the drilling log of and a completion report for
the well with the District.

10.2

PLUM CREEK CONSERVATION DISTRICT
RULES

D.

5.

The owner or operator of a livestock and poultry use well that is exempt frompermitting under the provisions of this paragraph of these Rules and of Chapter 36of the Texas Water Code must register the well with the District. Registration
shall not be complete until information required to be submitted to the District has
been furnished or the Executive Manager has agreed to designate the well as
being registered with incomplete information. An exempt well that is notregistered with the District will not be considered in evaluating applications
submitted to the District.

6.

Any well that is producing groundwater and is exempt from permitting under theprovisions of this Rule 10.C and of Chapter 36 of the Texas Water Code must be
equipped and maintained so as to conform to the District’s rules requiring the
installation of casing, pipe and fittings to prevent the escape of groundwater froma groundwater reservoir to any reservoir not containing groundwater and toprevent the pollution or harmful alteration of the character of the water in any
groundwater reservoir.

7.

Any alteration of a well exempt from permitting by operation of the provisions of
this paragraph of these Rules to increase its capacity to produce water, or tochange the use of water begin produced from livestock or poultry use on a tract ofland larger than ten (10) acres to any other non-exempt use, requires thesubmission of an appropriate application for the well. Operation of the exempt
well to produce groundwater for the non-exempt use or for the greater production
may continue until the District has made a decision on the application for a permit
for the well or for one year after the change in use or alteration occurs, whicheveris the shorter period.

8.

The amount of water transported outside the District that is produced from an
exempt livestock and poultry use well located within the District is subject toexport fees imposed by the District.

9.

Multiple livestock and poultry Exempt use wells in a Well Field Project will beconsidered together for the purpose of determining production capacity forreporting requirements and for determination of spacing of wells in such Well
Field Project.

Wells used in Oil and Gas Production
1.

No Operating Permit is required by the District for a 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 theperson holding the Railroad Commission drilling permit is responsible for drillingand operating the water well and the water well is located on the same lease orwithin the same field associated with drilling operations of the oil or gas drilling
rig.
10.3

PLUM CREEK CONSERVATION DISTRICT
RULES

E.

2.

If a well exempt from permitting under the provisions of this Rule 10.D begins toprovide water for any purpose other than drilling or exploration operations for an
oil or gas well permitted by the Railroad Commission of Texas, then the well
producing the groundwater is no longer exempt from the other requirements of theDistrict and of these Rules. Production of water from the well exempt under thisSection 10.D for any use other than the use allowed under the Exemption isprohibited until the District has made a decision on any application for an
Operating Permit for the well.

3.

The District will not deny an application for an Operating Permit for agroundwater well solely because the water produced will be used for hydrocarbon
production activities if the application meets all applicable District Rules for theappropriate Tier of well for which the application is submitted.

4.

The owner or operator of a well that is exempt from permitting under theprovisions of this Rule 10.D and of Chapter 36 of the Texas Water Code mustregister the well with the District. Registration shall not be complete until
information required to be submitted to the District has been furnished or the
Executive Manager has agreed to designate the well as being registered withincomplete information. An exempt well that is not registered with the District
will not be considered in evaluating applications submitted to the District.

5.

Any well that is producing groundwater and is exempt from permitting under theprovisions of this Rule 10.D nd of Chapter 36 of the Texas Water Code must be
equipped and maintained so as to conform to the District’s Rules requiring the
installation of casing, pipe and fittings to prevent the escape of groundwater froma groundwater reservoir to any reservoir not containing groundwater and toprevent the pollution or harmful alteration of the character of the water in any
groundwater reservoir or aquifer.

6.

Any well that is producing groundwater and is exempt from permitting under theprovisions of this Rule 10.D of these Rules and of Chapter 36 of the Texas Water
Code must comply with the spacing requirements of the District’s Rules.

7.

The driller of well that is exempt from permitting under the provisions of thisRule 10.D and of Chapter 36 of the Texas Water Code is required to file thedrilling log of and a completion report for the well with the District.

8.

The amount of water transported outside the District that is produced from a welllocated within the District that is exempt from permitting under the provisions of
this Rule 10.D and of Chapter 36 of the Texas Water Code is subject to export
fees imposed by the District.

Water Wells used in Surface Coal Mining

10.4

PLUM CREEK CONSERVATION DISTRICT
RULES
1.

Drilling of or production from a water well completed in any formation within theDistrict that is authorized under a permit issued by the Railroad Commission of
Texas under the terms of Chapter 134 of the Texas Natural Resources Code is
exempt from any permitting requirements of the District to the extent thewithdrawals of groundwater from the well so exempted are required for mining
activities regardless of any subsequent use of the water. Use of water for mining
activities includes dewatering activities associated with surface coal mining.

2.

Production of quantities of water from a water well completed in any formation
within the District that is no longer necessary for mining activities as specified in
the permit for such activities issued by the Railroad Commission of Texas, or inquantities that are greater than the amount necessary for activities specified in thepermit issued by the Railroad Commission of Texas under Chapter 134 of the
Texas Natural Resources Code are not exempt from any appropriate permitting
requirements of the District. If the operator desires to produce more water fromthe well than quantities authorized, or if the operator seeks to continue to produce
water from the well that is no longer necessary for mining activities, both the welland the production of water from the well are subject to the Rules of the District
and production of water from such a well may not continue until the District has
issued an Operating Permit for the well.

3.

Water wells exempt from permitting by the District under the terms of this Rule
10.E need not comply with the spacing requirements of these Rules.

4.

The owner or operator of a well that is exempt from permitting under theprovisions of this Rule 10.E and of Chapter 36 of the Texas Water Code mustregister the well with the District. Registration shall not be complete until
information required to be submitted to the District has been furnished or the
Executive Manager has agreed to designate the well as being registered withincomplete information. An exempt well that is not registered with the District
will not be considered in evaluating applications submitted to the District.

5.

The driller of well that is exempt from permitting under the provisions of Section
10.E of these Rules and of Chapter 36 of the Texas Water Code is required to filethe drilling log of and a completion report for the well with the District.

6.

Any well that is producing groundwater and is exempt from permitting under theprovisions of this Rule 10.E. and of Chapter 36 of the Texas Water Code must be
equipped and maintained so as to conform to the District’s Rules requiring the
installation of casing, pipe and fittings to prevent the escape of groundwater froma groundwater reservoir to any reservoir not containing groundwater and toprevent the pollution or harmful alteration of the character of the water in any
groundwater reservoir.

10.5

PLUM CREEK CONSERVATION DISTRICT
RULES
7.

The amount of water transported outside the District that is produced from a welllocated within the District that is exempt from permitting under the provisions of
this Rule 10.E and of Chapter 36 of the Texas Water Code is subject to export
fees imposed by the District.

8.

The person holding the permit issued by the Railroad Commission under Chapter
134 of the Texas Natural Resources Code that authorized the drilling of a water
well inside the District’s Boundaries shall report to the District before the close of
the succeeding calendar month:

(c)

(a)

The total amount of water withdrawn during the month;(b)

The quantity of water necessary for mining activities; andThe quantity of water withdrawn for other purposes.

F.

Nothing in these Rules other than registration requirements applies to production ofgroundwater from wells to be used for oil and gas production as described in this Rule
10.D, nor to injection wells drilled for oil, gas, sulphur, uranium, or brine production, orfor core tests associated with, or for injection of water, gas, saltwater, or other fluids, inwells that are authorized under permits issued by the Railroad Commission or the TCEQ,
as appropriate. However, the driller of such an injection well shall notify the District of
the location of the injection well at the time application for a permit for drilling such awell is made to the appropriate State agency.

G.

Absent an appropriate TCEQ ASR Project Permit for injection of or production of stored
water or Texas Railroad Commission Permit authorizing injection of water the Owners or
Operators of wells used for such purposes must obtain Operating Permits for such Wells
from the District.

10.6

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 11 - Well Requirements
A.

The following requirements shall apply to all new wells or Well Field Projects permitted
by the District, whether permitted for testing purposes or for operation:
1.

Both lithologic and geophysical logs shall be run for all Tier II wells & for otherpermitted wells when requested by the District;2.

Geophysical logs shall be provided to the District in TIFF format if available;

3.

Monitor well(s) shall be drilled at locations and at distances to be determined by
the District related to operations associated with the particular application being
considered as stated in the permit issued for the well;

4.

All Tier II production wells shall be equipped with an open ended one and onequarter inch (1.25”) or District approved PVC access port strapped to the drop
pipe to provide measurement with an e-line and/or a transducer;

5.

Totalizing flow meters shall be installed on all Tier II wells. For all other wells
permitted by the District either totalizing flow meters, correlated Kw hours foreach well or some other acceptable measurement means shall be installed andutilized to produce records of volumes, rates and times of operation of the well;
and

11.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 12 - Drilling Permits
A.

There is no separate application for a drilling permit required by the District. All drilling
operations are to be conducted either pursuant to Exemptions for wells considered
Exempt under Rule 10 and Rule 11 or pursuant to appropriate well registration orappropriate permit issued by the District after consideration of an application for theparticular type of registration or permit requested. Although no drilling permits are
required for exempt or registered wells, the provisions on information reporting and allapplicable requirements in Rule 10 and Rule 11 of these Rules apply and the District is tobe given the location and dates for beginning the drilling of exempt wells and required
information about the locations, depths, drilling and completion details associated withsuch wells.

12.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 13 - Issuance of New or Amended Operating PermitsA.

The District shall provide notice of applications in accord with the provisions of Rule 27of these Rules.

B.

Before granting or denying any permit, the District will consider whether:1.

The application contains all the information required to be submitted to theDistrict pursuant to these Rules;

2.

Notice of the proposed action issuing the Operating Permit has been given as
required by Law and these Rules;

3.

The application of a well or for wells in a Well Field Project is for a location or
locations that will be or are in conformance with any applicable spacing
requirements established by the District or, if any deviation from thoserequirements is requested, whether there are measured data supporting the request
for deviation in accord with the provisions of Rule 20.D of these Rules;

4.

The proposed use of groundwater unreasonably affects existing groundwater orsurface water resources;

5.

The proposed use will allow the District to manage total groundwater production
on a long term basis to achieve desired future conditions when considering:(a)the modeled available groundwater determined by the Executive
Administrator;(b)

the Executive Administrator’s estimate of the current and projectedamount of groundwater being produced under exemptions granted under
Rule 11 of these Rules and Section 36.117 of the Texas Water Code;(c)the amount of groundwater authorized under permits previously issued by
the District;(d)a reasonable estimate of the amount of groundwater that is actually being
produced under permits issued by the District; and(e)yearly precipitation and production patterns.

6.

The proposed use of groundwater is a beneficial use and is consistent withDistrict’s Approved Groundwater Management Plan;

7.

The applicant has agreed to avoid waste to achieve water conservation throughpractices appropriate for the permit being sought;

13.1

PLUM CREEK CONSERVATION DISTRICT
RULES

C.

8.

The proposed use of the groundwater will result in subsidence;

9.

The applicant has agreed that reasonable diligence will be used to protect
groundwater quality, and that the applicant will follow well plugging guidelines at
the time of well closure;10.

If the application is for the renewal of a permit, whether the requirements of the
Existing permit and of the District’s Rules have been followed, whether theappropriate fees associated with the permit or project, if any have been paid, andthe pattern and extent of use of the existing permit;

11.

Applications for renewals of permits will be considered for renewal under thesame terms, conditions, and requirements as those in use when the permit was
originally issued to the extent such requirements are still authorized under State
law, well operations have not compromised or adversely impacted any otherregistered exempt well or permitted well under the guidelines of the District’s
mitigation plan or alternate mitigation plan that was approved in conjunction witha specific permit, and to the extent that aquifers being pumped can continue to
produce permitted water on a sustainable basis;

12.

Nothing in this provision of this Rule shall prevent the Board from imposing any
new requirements associated with permit renewals in response to information
brought to the Board’s attention during the process of consideration of therenewal application;

13.

Applications for Tier I wells that receive no comments within 20 days after notice
is issued may be issued by the Executive Manager or brought before the Board forconsideration;

14.

Whether the Applicant for a Well Field Project has agreed to provide information
on wells in the Project at the times required by these Rules related to suchpermits;

15.

If the Application is for renewal of an existing permit, whether the Application forrenewal was submitted in a timely manner, whether the Application was
accompanied by any required fees, and whether the Applicant is requesting achange related to the renewal that would require a permit amendment.

For Transportation Permits, the Board shall also consider:1.

The availability of water in the District and in the proposed receiving area during
the period for which the water supply is requested;2.

The availability of feasible and practicable alternative supplies to the applicant;

13.2

PLUM CREEK CONSERVATION DISTRICT
RULES
3.

The amount and purposes of use in the proposed receiving area for which water isneeded;4.

The projected effect of the proposed transfer on aquifer conditions, depletion,
subsidence, or effects on existing permit holders or other groundwater users
within the District;

5.

The approved State Water Plan, regional water plan and Certified District
Groundwater Management Plan; and6.

The method of calculating any transportation fee, including any method suggestedby the Applicant.

13.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 14 - Permit Duration and TransfersA.

Any drilling or construction activities associated with individual (non-Well Field Project)
Operating Permits must be commenced within one hundred twenty (120) days from thedate the permit is granted. Thereafter, the permit shall be valid for the term stated in the
Permit. The Executive Manager may extend a permit for a Test Hole or Test Well inaccord with the provisions of Rule 6 of these Rules.

B.

An applicant for any type of permit may request as part of an application, or in a separate
written request, that the Board grant a longer period of time for commencement ofdrilling activity under the permit if a proposed drilling project will take more time tocommence, and the Board may grant such time as is reasonably necessary to commencesuch project.

C.

Well Field Project applications shall contain a schedule for development of the wells in
the Project and individual wells drilled as a part of the Well Field Project shall be inaccord with the initial or modified well drilling schedules and location.
1.

All Well Operating Permits including Well Field Project Permits shall remain
valid for a term of thirty (30) years. Permits for individual wells within a Well
Field Project have the same duration as for the Well Field Project permit andexpire when the Well Field Project Permit expires. Test Well Permits andDewatering Permits are for the terms specified in those Permits when they areissued.

2.

After the initial permit term for existing permits as of the date these Rules are
adopted all permits other than Dewatering permits issued under Rule 5 of theseRules and Test Well Permits shall be renewed by the Board for terms of suchduration for the type of permit being renewed in the District’s Rules as the time
the permit renewal is requested, or if the District’s Rules provide no shorter term,
for a period of thirty (30) years from the initial expiration date of the original
permit provided that:(a)

The well has been drilled and completed within the required time period if
the permit is for an individual well;(b)

Wells in a permitted Well Field Project have been drilled in accord with thecurrently approved development plan for the Project;(c)

Each drilled and completed permitted well or Well Field Project well has
been used to produce water at least once during the five year period
following the permits’ issuance for the production of water without waste asreflected in reports filed with the District unless the District has granted an
exception to this requirement;

14.1

PLUM CREEK CONSERVATION DISTRICT
RULES

D.

(d)

The well has been operated in accordance with the representations in theapplication that was submitted and used for the basis of permit issuance andin accordance with the permit’s terms, the District’s Rules and all applicablestatutes; and(e)

All fees or other assessments levied by the District, if any, have been paid.

3.

If an application for renewal of an Operating Permit or Well Field Permit is filedwith the District at least one month before the expiration date of the existing
permit, then the existing permit will remain in full force and effect and will not
expire until Board action on the renewal application is final.

4.

Permits existing as of the Date of Adoption of these Rule shall have terms ofthirty (30) years from the date of issuance of the permit in existence as of the datethese Rules are adopted and will then be subject to renewal under the terms ofthese Rules.

5.

All permits, including Agricultural Use Well Operating Permits, individual well
Operating Permits, and Well Field Project Permits will be reviewed by the Board
at least every five (5) years, or more often if conditions require, including
determinations made pursuant to Rule 20 of these Rules.

6.

Well Operating Permits issued by the District are not vested property rights but
licenses subject to the continuing jurisdiction of the District. Regardless of thestated term and conditions in an Operating permit, Operating permit provisions
are subject to modification including modification mandating reductions in
production rates and quantities on a permanent or temporary basis if the District
determines that aquifer conditions associated with the permit are such thatmodification is necessary in order to conserve water or to react to weather
conditions, pumping within or outside the boundaries of the District that has
impacted the supply or quality of water in the aquifer from which the permitted
production is taking place, if the continued pumping at rates or at the quantities
permitted would cause the groundwater in the District to be at levels that would
violate the Desired Future Conditions applicable to the permitted water well, or if
conditions exist as determined under Rule 20.

7.

Non-production from a well having an Operating Permit that is not part of a Well
Field Project during the five years following issuance of an Operating Permit may
result in termination of the Operating permit unless the Board finds valid reasonsfor the lack of production when considering an initial application or an application
to renew the permit.

An Operating Permit issued by the District is transferable to a new Permit Holder in theevent of a change of ownership of the well or Project related to the Permit by the parties
to the transfer giving notice to the District. The Notice shall include the name of the14.2

PLUM CREEK CONSERVATION DISTRICTRULES
name and mailing address for both the new and old permit holders. Telephone contact
information and any email information shall also be provided to the District. Unless thePermit is modified in response to an appropriate application, the transferred Permit is forthe remainder of the term and subject to all other terms and conditions of the transferred
Permit. Acceptance of the Permit by the person to whom it is issued or transferredconstitutes acknowledgment of and agreement to comply with all of the existing terms,
provisions, conditions, limitations, and restrictions of the Permit and of these Rules.
E.

Acceptance of a permit(s) constitutes an acknowledgment and agreement that thepermittee shall comply with all the terms and conditions embodied in the permit,
including any subsequent pro rata reductions or modifications thereof, the Rules of theDistrict, and Chapter 36 of the Texas Water Code, all as the same may be amended fromtime-to-time.

14.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 15 - Location of Well
A.

After a registration has been filed or an Application for an Operating Permit has
been granted for a new Well or a Well that is a part of a Well Field Project any
replacement Well for the Registered Well or any Well having such a Permit must bewithin one hundred fifty (150) feet of and at the same distance from a property
boundary as the Authorized Well Site location for the Well that is to be replaced If
the well is commenced or drilled at a different location, absent an amendment to the
Operating Permit or Registration for the Well, the Board may seek to enjoin the
drilling or operation of such Well pursuant to Chapter 36.102 of the Texas Water
Code and these Rules.

B.

Any Authorized Well Site Location must be one having Easy Access to the Well Site
Location.

15.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 16 - Deposits and Administrative FeesA.

Each well registration, application for authority to drill a test hole, a test well, and/or
application for a permit shall be accompanied by the required deposit and/or any
applicable fee(s) specified in a Resolution adopted by the Board. Copies of the current
District fee schedule are to be available at the District’s offices and by mail. Said deposit
and/or administrative fees shall be paid by cash or certified check only, made payable tothe “Plum Creek Conservation District.”B.

The Board may change the amount of any deposits and fees established by Board
Resolution, and may modify its refund policies for deposits from time to time by
Resolution upon giving proper public notice as required for actions taken to amend Board
Rules.

C.

Each year, and at least once in conjunction with the development of its annual audit, theBoard shall review and adopt any changes to these fees, or establish any new fees, by
Resolution.

D.

Unless a permit allows some other schedule, the District’s Transportation Fee is payablemonthly within thirty (30) days after the end of each calendar month and shall becalculated on the basis of one-twelfth (1/12) of the quantity of water permitted for annualtransport.

E.

The District will recover the actual costs incurred by the District in conducting any
contested hearing conducted in accord with the provisions in Rule 31.

F.

The District will recover from Applicants the actual costs in excess of $500 incurred by
the District for notice required by Rule 27.B.

16.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 17 - Reporting & Record Keeping Requirements
A.

Both water well drillers and applicants shall keep complete records concerning thedrilling, equipping and completion of all wells drilled or reworked and such records shallbe furnished to the District. Such records shall include an accurate Driller's log, any
electric log that has been made and such additional data concerning the description andcompletion of the well, its pumping capacity and its equipment as may be required by the
Board. Such records shall be filed with the District, on forms furnished by this District or
on forms used for reporting such information to appropriate regulatory agencies, within
thirty (30) days after completion of the well or activity requiring such reports. The
requirements of this rule are in addition to any other applicable state or local law or
regulation.

B.

Within thirty (30) days following the expiration of an authorization for a Dewatering
Well the applicant shall file a report with the District noting that dewatering has ceased.
Such a report shall state how the excavation was closed or report that the encounteredwater was totally removed.

C.

No person shall produce water from any well hereafter drilled and equipped within theDistrict, except that necessary for the testing and equipping of such well and equipment,
unless or until the District has been furnished the information required by the Board on
the form furnished by the District.

D.

On or before January 31st of each year, all Tier I and Non-Exempt Agricultural Use
Well owners shall file a report with the District stating the total amount of waterproduced during the prior calendar year. Such reports shall show production by month ifsuch record keeping is required by the Permit for the well.

E.

Tier II Well owners and Well Field Project permit holders shall file monthly reports with
the District of pumped water volume for each permitted well within thirty (30) days after
the end of each calendar quarter unless some other schedule is authorized by the District.

F.

Aquifer Storage and Recovery Wells or Projects authorized by an agency other than theDistrict shall report monthly the injected and produced volumes and maximum andaverage rates of injection and production of water in the ASR Project, and the source orsources of the injected water. Such reports shall be submitted within thirty (30) days after
the end of each calendar quarter unless some other schedule is authorized by the District.
As specified in Section 36.453(2) of the Texas Water Code, the Operator shall provide
the District with a copy of a report both of normal operations and of the volume ofgroundwater recovered that exceeds the volume authorized to be recovered for use by theDistrict in determinations of whether Native Groundwater is being produced as a part ofASR
Project
operations.

17.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 18 - Water Well Driller/Pump Installer Licenses
A.

Pursuant to Chapters 32 and 33, Texas Water Code, unless otherwise authorized by law.
no person shall drill, complete, equip or rework any well or borehole without having acurrent Texas Water Well Driller’s license and/or Texas Pump Installer’s license.

B.

Any person who drills, completes, equips or reworks a well shall comply with the Rules
and Regulations of the District, and any state or federal agencies or political subdivisions
having jurisdiction, including but not limited to the Department of Licensing andRegulation, the Railroad Commission, and the TCEQ, all of which are incorporated
herein by reference for all purposes.

C.

Any person who drills, completes, equips, or reworks a well shall file with the District the
information required by these Rules within thirty (30) days after the completion of the
work.

D.

Any person who drills or performs any work on any well in the District who is required
to file reports of such activity and fails to provide it is in violation of these Rules andsubject to any enforcement or penalties allowed by law.

18.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 19 - Classification, Spacing and Production Provisions
A.

To reduce the drawdown of the water table or the artesian pressure in aquifers underlying
the District as of the effective date of these Rules, the District is enacting well spacing
and/or production limits as shown in the tables in this Rule. The limits established for
spacing requirements and production limits apply to vertical well completions only. If
some other completion technique is used, the Operating Permit will specify spacing
requirements and production limits.

B.

Tier I Rules apply to Non-Exempt Agricultural Use Wells permitted pursuant to theterms of Rule 5 of these Rules and to individually permitted Wells producing not morethan 300 acre feet of water per year none of which is used for municipal purposes. Tier II
Rules apply to operating permits for Wells producing more than 300 acre feet of water
per year; and to all Wells producing any amount of water used for Municipal Purposes.

C.

Dewatering Wells authorized pursuant to Rule 5 of these Rules are not subject tothis Rule.

D.

Non-exempt Wells having Operating Permits are not issued under Rule 5 of these Rules
used solely to produce water for agricultural purposes are subject to the requirements inthis Rule applicable to Tier I Wells.

E.

Applications for Tier I, Tier II and Agricultural Use Well Permits may use theBrackish-Saline Table in lieu of using the Tier I & II tables, if the well’s TDS level isshown to be equal or above 1000 MG/L.

F.

Before the Brackish-Saline Table can be used, an applicant will be required tofurnish the District with results of their TDS water quality test from a NELAP
accredited lab. Numbers in the tables are presumptive numbers but are subject tobeing modified if Test Well results indicate that different numbers should be statedin any Operating Permit.

[SEE FOLLOWING PAGE FOR CHARTS OF
TIER I PERMITS and TIER II PERMITS]

19.1

PLUM CREEK CONSERVATION DISTRICTRULES
TIER I PERMITS
Tier I Table as shown below applies only to permitted wells producing 300 acre feet per year orless for other than municipal use:
Aquifers
Alluvium
Leona
WilcoxCarrizo
Reklaw
Queen City

Setback ofPermitProperty Lines Limits
gpm/well
50’
100 gpm
50’
50 gpm50’
100 gpm
200 gpm
50’
100 gpm
200 gpm
50’
50 gpm50’
50 gpmPermit Limits
feet/acre/year½ ac ft/ac/year½ ac ft/ac/year½ ac ft/ac/year½ ac ft/ac/year
1 ac ft/ac/year½ ac ft/ac/year½ ac ft/ac/year½ ac ft/ac/year

Permitspacing(minimum)
450’
450’
100’
200’
100’
200’
450’
450’

TIER II PERMITS
Tier II Table as shown below applies to wells that are intended to have a capacity of more than
300 acre-feet per year, or wells that are considered to be Tier II wells because of proposed use
for municipal purposes:
Aquifers
Alluvium
Leona
Wilcox

Setback ofProperty
Lines
300’
100’
300’

PermitLimits
gpm/well
100 gpm
50 gpmDependent
upondrawdown
test wellresults,
well field
design andproposed
operations

19.2

Permit Limits
feet/acre/year½ ac ft/ac/year½ ac ft/ac/year½ ac ft/ac/year

Permitspacing(minimum)
600’
200’
Dependent
upondrawdown
test results
well field
design andproposed
operations

PLUM CREEK CONSERVATION DISTRICT
RULES
Aquifers
Carrizo

Reklaw
Queen City

Setback ofProperty
Lines
500’

PermitLimits
gpm/wellDependent
upondrawdown
test
results,
well field
design andproposed
operations
50 gpm
100 gpm

Permit Limits
feet/acre/year

Setback ofPermitProperty Lines Limits
gpm/wellDependent
Dependent
upon
upon
drawdown test drawdown
results, welltest results,
field design
well fieldand proposed design andoperations
proposed
operations

Permit Limits
feet/acre/year

100’
100’

1 ac ft/ac/year½ ac ft/ac/year½ ac ft/ac/year

Permitspacing(minimum)
Dependent
upondrawdown
test results,
well field
design andproposed
operations
450’
450’

Brackish – Saline Table
Aquifers
Any Aquifer
within the PCCD

19.3

Permitspacing(minimum)
Dependent upon Dependent
drawdown test
uponwell results,
drawdown
well field design test results,
and proposedwell field
operations
design andproposed
operations

PLUM CREEK CONSERVATION DISTRICT
RULES
G.

The limitations in the Tier I, Tier II and Brackish-Saline Tables may be modified based
upon credible scientific evidence by amendment of these Rules and all permits issued by
the District may be subject to ratable reductions and/or increases in production
authorizations based upon those modifications.

H.

The Board may allow deviation from the limits for production rates, annual production
limits or spacing requirements for individual Tier I or Tier II Wells upon application
based on data developed by measurements in and data produced from test wells,
production wells and monitor wells demonstrating production capacity and impacts forthe proposed well or wells.

I.

The limitations in the Tier I, Tier II, and Brackish-Saline Tables in these Rules may be
modified by the Board for Well Field Operating Permits. Well Field Operating Permits
may have different production rates, annual production limits and spacing requirements
based upon the configuration and operation of the Well Field based upon data developedby measurements in and data produced from test wells, or may be modified upon thebasis of data from production wells, and monitor wells demonstrating production capacity
and impacts for the wells. Well Field Operating Permits shall contain a cumulative
annual production limit for all Wells in the Well Field Project. A Well Field Project
Operating Permit may, but is not required to, include maximum anticipated instantaneous
production rates for each Well in a Well Filed Project. If a Well Field Operating Permit
includes maximum anticipated instantaneous production rates the instantaneous
production rate for the one or more individual Wells may exceed the listed values as longas the cumulative production limit for the Well Field Project is not exceeded on an annual
basis.

J.

All wells will be classified according to the guidelines set forth in either Tier I, Tier II or
Brackish Tables.

K.

It shall be considered to be a fraud upon the District for any person willfully giving
erroneous information on a well permit application. If any permit holder willfully
produces water from a well at a higher rate than authorized in a Permit, such action is
subject to action by the Board to address the violation of Rules and Permit terms.

L.

Water wells drilled after December 31, 2003, to supply water for hydrocarbon production
must meet the spacing requirements of the District in effect from time-to-time unless nospace is available within 300 feet of the production well or the central injection station.

M.

No commingling of water in separate aquifers shall occur for any completion.

N.

Water availability testing is required for Tier II well permitting, for Tier I Well
permitting if deviation from the Tier I table is requested, and for Well Field Projectapplications.

19.4

PLUM CREEK CONSERVATION DISTRICT
RULES
O.

Permit limits are dependent upon Test Well results for Tier II well permits, Tier I wellpermits if deviation from the Tier I table is requested in the application for permitting forsuch a well, and for Well Field Project permits.

P.

Brackish and Saline Groundwater management zone is established from the Edwards
Aquifer “Bad Water Line” (=> 1000 TDS) down gradient to the southern extremities of
the District for the application of special provisions for the Brackish and Saline aquifers.

Q.

Two types of permits may be issued for applications for Tier II wells:
1.

Permit Test Hole or Test Wells shall be drilled and completed and tested
utilizing the requirements as stated above in Rule 4 and in this Rule 19. The test
well period shall be in effect for a period of 6 months to 12 months or as stated in
the Test Well permit, dependent upon the circumstances; and2.

Operating Permits will be issued upon the completion, logging and analysis tothe satisfaction of the PCCD and limits will then be set by the PCCD upon Board
approval. Operating Permit limits for Tier II wells and exceptions to the Tier I
table limits for Tier I well Operating Permits require Test Well results.

R.

Limited Duration Operating Permit: Once the DFCs have been established by Rule by
the District, any application for an Operating Permit that would cause water to be
produced in excess of quantities that could result in failure to achieve DFC limits then inplace will be considered and may be granted by the Board for limited duration and may
contain special conditions addressing DFC impacts of the Operating Permit.

S.

Should the District determine that management of groundwater resources in the District
or that conditions in or use of an aquifer differ substantially from one geographic area toanother the District may consider those differences from those in these Rules when
considering issuance of permits or in connection with permit amendments or renewals.

19.5

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 20 - Rate of DeclineA.

The District recognizes that Texas vests ownership of groundwater in the owner of thesurface rights. Nonetheless, it is a hydrologic fact that groundwater moves. Therefore,
depending on the geologic and hydrogeologic conditions, almost any permit applicationconsidered by the Board may result in declines in water in an aquifer that is not under theownership or control of the Applicant for an operating or Well Field Permit. The
issuance of an Operating Permit does not mean that the person who holds the Permit, or
the person who operates the well pursuant to the terms of the Permit, is violating Texas
law on groundwater production. Texas groundwater production law is the “English
Rule” of capture and is subject to limitations established under Common Law as appliedand determined to exist in Texas. Generally, that means that one who owns land can
produce water from beneath the land for beneficial use as long as the production is donein a manner that is not negligent, is not chosen to deliberately harm a neighbor, and does
not negligently result in subsidence to neighboring property. So even if the water on aneighboring property becomes unavailable, that does not mean that the production isagainst Texas law.

B.

The District is also aware that Texas Law requires groundwater conservation districts toconsider the amount of Modeled Available Groundwater as determined by the TWDB
executive administrator, and also charges districts with the responsibility of managing the
production of groundwater to achieve the DFCs. DFCs are determined within aGroundwater Management Area (GMA) and Texas Law and Texas Water Development
Board Rules require that those determinations then be adopted by individual districts forthe aquifers within its boundaries.

C.

As currently expressed, DFCs are averages over the entire GMA area for aquifers. The
District’s data and studies indicate that there can be aquifer or subdivisions ofgroundwater reservoirs in areas of the District where groundwater level declines that
result from production of groundwater are greater or less than the averages in DFC
determinations.

D.

The District also has data indicating that because of geologic conditions there could beaquifers or subdivisions of groundwater reservations that may experience groundwaterlevel declines because of pumping outside the boundaries of the District.

E.

Because of the considerations and factors stated in this Rule, the District has determinedthat it will take into account groundwater level declines in the following manner:
1.

The Board shall develop information on any decline in groundwater levels inaquifers or subdivisions of groundwater reservoirs within the District based on
information gathered by the District personnel, the TWDB, the TCEQ, theRailroad Commission and other state or local agencies or political subdivisions.

20.1

PLUM CREEK CONSERVATION DISTRICT
RULES
2.

Annually the Board shall review the credible scientific data, and related
information, available to it on groundwater levels within the District. If the Board
determines that an area(s) in the areas in the District are experiencing averagedrawdown levels during production from initial measurements of 25% of theaquifer thickness in Monitor wells, or there is drawdown of 50% between theaquifer bottom and the initial water levels in the wells having Operating Permits
issued by the District, the Board may delineate a proposed study area(s) any
portion of the District that the Board deems in danger of overproduction ofgroundwater.

3.

If the Board determines that, based upon the available credible scientificevidence, that water levels in an aquifer or subdivision of a groundwater reservoir
in the District are exceeding the declines in Rule 20.E.2 the Executive Manager
shall then provide written notice of the findings of declines and the proposed
study area to registered well owners, Operating Permit Well owners, and Well
Field Project Permit holders of record in the study areaproposed under theprovisions of Rule 20.E.2.

F.

The District shall schedule a hearing on the District’s findings of water level declines andwhat actions, if any, should be taken to address the findings if they are confirmed after
the hearing. Possible action to be taken shall include, without limitation on topics,
addressing average or instantaneous pumping limits for a temporary or permanent timeinterval in permits for pumping from aquifers or subdivisions of groundwater reservoirs.
Notice of the public hearing must be published at least once in a newspaper having
general circulation in each of the Counties having territory in the District and mailed to
all registrants and Permit holders in the proposed study area at least fifteen (15) days
before the Public Hearing. The Public Hearing may be continued as the Board deems
necessary to receive additional information.

G.

Nothing in this Rule shall impede the Board’s ability to review permits and makerequired changes in accord with Rule 14 or Rule 19 of these Rules. The determinations
made under the provisions of this Rule may be used by the Board in connection with its
review of permits under the terms of Rule 14 and/or Rule 19.

H.

The Board, after enacting changes after any hearing under Rule 20.F shall continue tocollect and review credible scientific date and measurements and, at least annuallyfollowing enacting any changes in permits or pumping, and make determinations to:
1.

Continue any restrictions in place;2.

Determine what any modifications to production limits that have not already
expired should end or should be adjusted;

20.2

PLUM CREEK CONSERVATION DISTRICT
RULES
3.

Determine whether the area of the Study should be expanded and, if that
determination is made, start proceedings for the new area as specified in Rule
20.E and 20.F;

4.

Determine that there is no need for continued study and action in the area whenrestrictions have been instituted under the provisions of this Rule and haverestrictions cease ;5.

Take other action as determined to be appropriate by the Board.

20.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 21 - Reworking or Replacing a WellA.

No person shall alter, rework, redrill, or re-equip a an exempt domestic and livestock
well or exempt well used for production of livestock and poultry in such a manner thatwould increase the rate or volume of production from such well above the amount thenauthorized by the applicable exemption or so as to raise its pumping capacity to morethan 25,000 gpd if it is an exempt domestic well without first having made an application
to the District, and having been granted a permit, or a permit amendment by the Board to
do so when the well is not exempt. No person shall alter, rework, redrill, or re-equip apermitted well to alter its production zone nor to increase its production capacity fromthat specified in the permit for such a well without first applying for and being issued apermit for such work. Wells associated with Well Field Project permits must be
maintained in accordance with the current approved development plan for the Project. No
District permit shall be required to maintain or repair a well if the maintenance or repair
does not increase the production capability of the well to more than its authorized opermitted production rate.

B.

No person shall replace a well without a permit from the Board.

C.

1.

A replacement well permit shall be granted by the Board without an opportunity
for a contested case hearing if the replacement well is to be drilled within one
hundred fifty (150) feet of the old well; provided, however, that such replacement
well shall comply with the District’s applicable spacing and property line
requirements, as those existed and in use when the permit was originally issued,
to the extent such requirements are still authorized under State law and welloperations have not compromised or adversely impacted any other registered
exempt well or permitted well.

2.

If the replacement well does not come within the provisions of Rule 22.B.1, thereplacement well shall be considered to be a new well for which a permit
application must be submitted. If the altered well would require an Operating
Permit the application is subject to consideration in a contested case hearing.

Within thirty (30) days following completion of a replacement well, the well replaced by
the new well shall be:
1.

Plugged and abandoned; or2.

Properly equipped in such a manner that it cannot produce more than 25,000
gallons of water per day and then registered with the District as an exempt well;or3.

Converted into a Monitoring Well.

21.1

PLUM CREEK CONSERVATION DISTRICT
RULES
D.

1.

The size or actual pumping capacity of any well in the District shall not be
modified so as to increase the rate of production of the well above the maximum
pumping capacity for which the well was permitted without a permit amendment.

2.

Any such permit amendment may be granted only after written notice and action
as required for new well applications for wells of the type and capacity of thereplacement well.

21.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 22 - Protection of Groundwater Quality - Required Equipment on Wells
A.

When a pump is installed, or repaired on wells having a chemical injection, chemigationor foreign substance unit in the water delivery system, an in-line, automatic quick-closing
check valve capable of preventing pollution or harmful alteration of the groundwatershall be installed.

B.

Any open, or uncovered, well(s) shall be required to be closed or capped, either
permanently or temporarily, in accordance with Chapter 36, Texas Water Code, as set
forth below:
1.

The District may require the owner or lessee of land on which an open or
uncovered well is located to cap the well permanently closed or capped with acovering capable or sustain a weight of at least 400 pounds, except when the wellis in actual use;

2.

As used in this section, “open or uncovered well” means an artificial excavationthat is dug or drilled for the purpose of exploring for injecting or producing waterfrom the groundwater reservoir and is not capped or covered as required;3.

If the owner or lessee fails or refuses to close or cap the well in compliance withthis Rule within 10 days after being requested to do so in writing by an officer,
agent, or employee of the District; any person, firm, or corporation employed by
the District may go on the land and close or cap the well safely and securely;

4.

In accord with the Provisions in Chapter 36.118 of the Texas Water Code:Reasonable expenses incurred by the District in closing or capping a wellconstitute a lien on the land on which the well is located;

5.

The lien is perfected by filing an affidavit, executed by any person conversant
with the facts, in the deed records of the county where the well is located, stating
the following:(a)

The existence of the well;(b)

The legal description of the property on which the well is located;(c)

The approximate location of the well on the property;(d)

The failure or refusal of the owner or lessee, after notification, to close thewell within 10 days after the notification;(e)

The closing of the well by the District, or by an authorized agent,
representative, or employee of the District; and(f)

The expense incurred by the District in closing the well.
22.1

PLUM CREEK CONSERVATION DISTRICT
RULES
C.

Nothing in this Rule affects the enforcement of Subchapter A, Chapter 756, Health and
Safety Code.

22.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 23 - Transportation of Groundwater From the DistrictA.

An application for a permit to transport water produced from wells in the District must be
made in accord with Rule 8 of these Rules, and a permit must be obtained before waterproduced from wells within the District can be transported outside the boundaries of theDistrict for delivery to wholesale or retail customers outside of the District.

B.

Notice of an application for a permit to transport water produced within the District fordelivery to wholesale or retail water customers outside the District is described in Rule26.

C.

No permit is required to transport groundwater produced from wells permitted by theDistrict to locations outside of the District for the purpose of treatment or temporarystorage if the beneficial use of the water occurs within the District.

D.

As a result of an application, the Board may enact special conditions in any permit
authorizing transport of water produced within the District for use outside the District toexempt a permittee from total or partial payment of out-of-District transport fees if thewater produced in the District is produced by an entity having its primary water supply in
the District and at least seventy-five percent (75%) of the water produced in the District
is consumed by retail CCN customers inside the District, or, alternatively, if there isagreement reached in connection with the Transportation Permit holder and the District
on a methodology of apportioning volumes of water produced within the District to retailservice inside the District and outside the District on an annual basis that addresses theamount of fees..

23.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 24 - Recharge Wells and Facilities,
Including Aquifer Storage and Recovery Wells and Projects
A.

Aquifer Storage and Recovery Wells and Projects are subject to reporting requirements inState Law and in Rule 18 of these Rules.

24.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 25 - Right to Inspect and Test Wells
A.

Any authorized officer, employee, agent or representative of the District shall have theright at all reasonable times to enter lands upon which a well or wells may be locatedwithin the District for the purpose of conducting inspections authorized by Chapters 36,
49 and/or 51 of the Texas Water Code, as the same may be amended from time-to-time.

B.

If any District officer, employee, agent or representative is refused the right to enter lands
under this authority, the District may invoke the remedies authorized by law, including
Section 36.102 of the Texas Water Code.

25.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 26 – Notice Requirements
A.

B.

Applications for Test Holes and Test Wells
1.

No general notice is required prior to issuance of permits authorizing a Test Holeor a Test Well; and2.

Should the Executive Manager or other appropriate staff refer an application for apermit to drill a Test Hole or install a Test Well to the Board, notice of proposed
Board action on the application shall be given as for Board meetings with theagenda item listed separately.

All Applications for new or amended conditions in Operating Permits for wells other thanthose intended for Non-exempt Agricultural Use Wells, Test Holes, Test Wells,
Dewatering Wells, and certain amendments to Well Field Operating Permits, shall beprocessed as follows:
1.

At the time that an application for a new or for an amended Operating Permit has
been determined to be Administratively Complete, the District shall mail notice ofthat fact to the Applicant. The notice that the Application has been determined tobe Administratively Complete shall include the date of initial Board considerationof the application;2.

Not less than Fifteen (15) days before the date set for Board’s initial considerationof an application for an Agricultural Use non-exempt well or for a Dewatering
Well, notice shall be mailed by first-class mail, postage prepaid, to the applicant.

3.

Not less than fifteen (15) days in advance of the date set for Board’s initialconsideration of an application for issuance of a new or amended Operating
Permit for any well or Well Field Project other than for a permit under theprovisions of Rule 5, notice of the proposed action shall be:(a)

Posted on the District’s Web Site;(b)

Given by electronic mail, regular mail, or by FAX to any person who hasrequested receipt of notice for issuance of Operating Permits or Well Field
Permits for the current calendar year;(c)

Provided to the County Clerk of each County in which the District’s
territory is located;(d)

Posted at the District’s Office in a readily accessible place;(e)

For Operating Permits for new Tier II wells and for new Well Field
Project applications, published in at least two local newspapers that are

26.1

PLUM CREEK CONSERVATION DISTRICT
RULES
published in the County or Counties where the well or Well Field Projectis to be located;(f)4.

Mailed to adjacent landowners.

The notice shall contain the following:(a)

The name and address of the applicant;(b)

The date the application was filed;(c)

The time and place of the hearing;(d)

The location or address of any proposed well or wells;(e)An explanation of the proposed permit or amendment, including theamount of requested groundwater, rate of proposed groundwaterproduction, the depth or name of the formation from which the proposed
production will be made if known, the proposed purpose or purposes forwhich the groundwater production is to be used, the location of the
proposed use and, when appropriate, any proposed change in use that is
begin requested;(f)

For any Transportation Permit, a description of the Transportation
Facility, including its proposed route and location of the point or points ofdelivery or use outside the District’s boundaries; and(g)A brief summary of the information in the application.

5.

The published notice required in Rule 26.B.3(e) may be in the legal notices
section.

6.

Renewals of Operating Permits are governed by Section 36.1145 of the Texas
Water Code and no notice of action to renew permits is required under those
provisions unless the conditions for renewal under the provisions of that Section
are not being met at the time of the renewal, or if the Applicant is seeking achange in terms of the Operating Permit that would require an amendment to be
initiated by the Applicant or sought by the District.

If a Well Field Permit includes construction completion deadlines for each Well in a Well
Field, the Executive Manager may, without notice or hearing, approve changes to theconstruction completion deadline for one or more individual Wells in the Well Field
Project as long as the construction completion date for the last of the Wells in the Well
Field
Projectis
notextended.

26.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 27 – Permit Consideration
A.

When granting or denying any permit application the Board shall consider the items
listed in Rules 5, 14 and 20 for the type of permit applied for, and whether appropriate
notice has been issued as required by Rule 26.

B.

For transportation permits, in addition to the matters listed above, the Board will consider
the items listed in Rule 14.C.

27.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 28 – Permit Conditions
A.

B.

Following the adoption of these Rule Revisions, either upon current permit renewal oron issuance all permits shall list the:1.

Name and mailing address of the person to whom the permit is issued;

2.

The location of the well or areas in a Well Field Project and the locations offacilities permitted;

3.

The date the permit or registration is to expire if activities authorized by thepermit or registration are not commenced;

4.

The purpose for which the water is to be used;5.

A statement that the water withdrawn is to be put to beneficial use at all times;

6.

The location of the use of the water from permitted wells within the District or to
the extent known for Well Field Projects;

7.

A water well closure plan or a declaration that the applicant will comply with wellplugging guidelines and report closure to the Commission;

8.

Any conditions and restrictions on water withdrawal;

9.

Any conservation oriented methods of drilling and operation imposed by theDistrict;10.

Any drought contingency plan requirements of the District;

11.

Statements that the permit is subject to the District’s rules as those may beamended from time to time; and12.

Other terms and conditions authorized by the Texas Water Code.

For transportation permits, in addition to the matters listed above, the permit may
include:1.

The name and address of the person to whom the permit is issued;

2.

The location of the pipeline facility;3.

The date the permit is to expire if no Transportation Facility is constructed;

4.

A statement of the purpose for which the Transportation Facility will be used;

28.1

PLUM CREEK CONSERVATION DISTRICT
RULES
5.

A requirement that the water transported under the permit will be put to abeneficial use at all times;

6.

The location of the use of the water from the Transportation Facility to the extent
known at the time of permit issuance;

7.

The method of calculating in district and out of district use quantities;

8.

Conditions and restrictions, if any, placed on the rate and amount of watertransported;9.

Any conservation oriented methods of constructing and operating thetransportation facility;

10.

A drought contingency plan approved by the District;

11.

The amount of water that may be transferred out of the District;

12.

The period for which the water may be transferred;13.

A requirement for flow monitoring devices approved by the District, which shallbe available at all reasonable times for inspection by District personnel. The
operator of a Transportation Facility shall be required to keep records and makequarterly reports to the District as to the operation of the transportation facility,
including the volume of water transported during the preceding quarter;

14.

A requirement for the Permit holder to reimburse the District for expenses
incurred for administration in connection with their respective Transportation
Facilities as outlined in Chapter 36, Texas Water Code. This Rule does not apply
to groundwater produced from wells located outside of the District; and15.

If water transported through or from the District originates from wells locatedoutside the District, the Permit holder must allocate the quantities of wateroriginating inside the District and outside the District in a manner acceptable to
the District’s Executive Manager.

28.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 29 – Test Hole and Test Well Applications and Applications Submitted under Rule 5
A.

Applications for test holes or test wells and applications for permits under Rule 5 are notcontested cases.

B.

Any test well permit, test hole authority or dewatering well authority granted is forlimited duration and carries with it no rights to produce groundwater in quantities morethan needed to dewater or to conduct the test in accordance with the terms contained in
the authority or permit.

C.

Should an applicant disagree with a decision of the Executive Manager contained in theauthority to drill a test hole or the permit to drill and complete a test well, or for a permit
under Rule 5, the applicant may request a review by the Board of the Executive
Manager’s decision by submitting a written request to the Executive Manager within ten(10) days following the date of the letter, authority or permit. Any letter submitted to the
Executive Manager under this provision must identify the test hole, test well or Rule 5
well that is the subject of the request by reference to a date or description such as anapplication number, and also state with specificity the particular provisions in theauthority or permit to which the applicant objects and give a reason for the objection.

D.

If a request for Board review of the Executive Manager’s decision is received, theExecutive Manager shall schedule the review for consideration by the Board at the next
possible Board meeting for which an agenda has not yet been prepared or posted.

E.

At the Board meeting considering the objection, the Board may affirm the Executive
Manager’s decision, reject the Applicant’s request, or modify the Executive Manager’s
decision.

F.

Should the Applicant still desire to contest the Board’s decision on the authority or
permit, the applicant may proceed in accord with the provisions in Rule 31 governing
appeals of Board decisions.

G.

Failure of an applicant to file a request for review within the 10 day period after the dateof the authority or permit establishes that the applicant accepts the terms and conditions
expressed in the Executive Manager’s decision.

29.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 30 - Contested Applications
A.

Every application to the District for any Operating Permit for any type of well submitted
pursuant to these Rules and Chapter 36 of the Texas Water Code other than a well permit
that is submitted pursuant to Rule 5 of these Rules, is considered to be a contested
application. Applications submitted for wells in accord with Rule 5 are not contested
applications but, rather, are Operating Permits issued pursuant to the terms of Rule 5.

B.

If an application for an Operating Permit for a Tier I well other than one to be permitted
under Rule 5 of these Rules receives no comment from any person within twenty days
following issuance of notice about the application, the permit for such well may be issued
by the Executive Manager or may be brought before the Board for consideration.

C.

At the time of the initial consideration of a contested application by the Board the Board
may conduct the hearing itself or, in appropriate circumstances, refer the application andhearing process to an individual to whom the Board has delegated responsibility for
conducting the hearing or to the State, or, where appropriate and where agreements havebeen entered into for hearings or a particular hearing, to the State Office ofAdministrative Hearings.

D.

At the time of the Board meeting on which the initial contested application is heard,
persons having an interest in the application who wish to address the Board on theapplication shall submit a form containing the person’s name, mailing address, telephone
number, and, if available, e-mail address or fax number; and the person or group who theperson registering represents if the person registering is not appearing in his or her
individual capacity. The form may also request information about whether the person
registering resides within the limits of the District and whether the person has a wellpermitted by or registered with the District.

E.

If no person registers as protesting the issuance of the contested application, the Board
may proceed to informally conduct a hearing on the application at the time of the Board’s
meeting and initial consideration of the application. If no formal protests are received, orno registration forms are submitted indicating an individual is opposed to the issuance ofthe permit requested by the Applicant, the Board may allow those present to submit
comments about the application at the conclusion of the presentation of the material
supporting the application to the Board but the application is no longer considered
contested.

F.

The Board’s President, or in the absence of the President a Board Member selected by the
Directors who are present, shall preside at hearings.

G.

If no person protests an application either in writing or by appearing at the initial hearing
and registering a protest, the Board may act at that meeting to issue an order approving
the application and issue a permit with or without special conditions, or adopt an order todeny the application.

30.1

PLUM CREEK CONSERVATION DISTRICT
RULES
H.

If the Board issues an Order on an uncontested application, the applicant may, not later
than the 20th day after the date the Board issues an order granting or denying theapplication, demand a contested case hearing if the Order includes special conditions thatwere not part of the application as finally submitted, grants a maximum amount ofgroundwater production that is less than the amount requested in the application or denies
the application.

I.

Should the Board determine that the application is protested, the Board will thendetermine whether any hearing should be conducted by the Board, by an individual towhom the Board delegates responsibility for conducting the hearing, or by SOAH, inwhich case the individual selected or the SOAH Administrative Law Judge is thepresiding officer at the hearing.

J.

All hearings on applications that are protested shall be conducted in accord with theprovisions of Section 36.406 of the Texas Water Code, specifically including referral of
any contested case matters to alternative dispute resolution in accordance with Chapter
2009 of the Texas Government Code.

K.

The presiding officer at the hearing has the authority to determine and designate parties in
addition to the Executive Manager and the applicant on any contested application. Any
person requesting to be a party to any contested hearing other than the applicant or
executive manager must be able to demonstrate that the person has standing to be a party
to the hearing under applicable provisions of Texas State Law.

L.

At the time the Board has its initial consideration of any contested application, theExecutive Manager shall furnish the Board with an affidavit of an officer or employee of
the District establishing attempted service by first class mail, facsimile or e-mail to those
person(s) who have requested notice from the District of hearings on permit or permit
amendment applications and that demonstrates compliance with the other noticeprovisions of these rules.

M.

If an applicant submits multiple applications for authority, and if the applicant requests inwriting that the separate applications for drilling, equipping operating, or completing awell or substantially altering the size of a well or well pump, or for separate spacing ofwater wells for production of groundwater or transferring groundwater out of the District,then the applicant may request that all of the applications related to its project beconsolidated and considered under one notice and hearing. A Well Field Projectapplication is considered as a single application. The District is not required to use aconsolidated hearing or notice to process separate permit or permit amendment
applications from a single applicant if the Board cannot adequately evaluate one
application until it has acted on another. If a consolidated action request is received froman applicant, the Executive Manager shall make a determination about proceeding on the
consolidated applications or the order in which the applications will be considered. The
Executive Manager will then proceed to schedule one or more hearings on theapplications and prepare and publish notice or notices appropriate to the determination.
30.2

PLUM CREEK CONSERVATION DISTRICT
RULES
N.

If the District contracts with SOAH, the hearing on the applications referred to SOAH
shall be conducted as provided by subchapters C, D and F of Chapter 2001 of the Texas
Government Code.

O.

For hearings conducted by the Board or by an individual designated by the Board, thePresiding Officer of the hearing shall, after determining party status of those requestingsuch status:
1.

Determine the admissibility of evidence as authorized in Section 36.407 of the
Texas Water Code. Evidence will be admitted if it is of that quality upon which
reasonable persons are accustomed to relying in the conduct of serious affairs.
Evidence may be stipulated by agreement of all parties admitted to the hearing;2.

Provide for making a record of the proceedings and allocating the costs of therecord in accord with the provisions of Chapter 36.408 of the Texas Water Code.
The record of the proceeding shall include a statement by the presiding officer ofthe hearing of the date on which the hearing is considered concluded;3.

Authorize continuances without requiring new notice in accord with theprovisions of Section 36.409 of the Texas Water Code; provided, however, that if
no announcement is made at the time the continuance is granted of the date, timeand place for the next hearing session, then notice to all parties admitted to thehearing must be provided by regular mail at least ten (10) days in advance of theresumption of the next hearing session;

4.

Confine testimony to the subject matter contained in the application or matter
under consideration. In the event that any party at a hearing pursues a line oftestimony or interrogation of a witness that is clearly irrelevant, incompetent or
immaterial, the presiding officer may terminate such line of interrogation; and5.

In any proceeding the presiding officer may limit the number of witnesses
appearing to prevent testimony from becoming cumulative.

P.

The presiding officer shall prepare a report of the hearing for consideration by the Boardin accord with the provisions and within the time specified in Section 36.410 of the Texas
Water Code. The Board shall act on the application not later than the sixtieth (60th) dayafter the final hearing on the application is concluded.

Q.

Requests for rehearing or requests for findings of facts and conclusions of law may besubmitted by any party to the hearing within the 20th day after the date of the Board’s
decision on the application. The request must contain the information specified, andactions on the requests must be taken within the time limit specified in Section 36.412 of
the Texas Water Code. A motion for rehearing may be granted in whole or in part. Whena motion for rehearing is granted the decision or order or permit is nullified. The Board
may reopen the hearing to the extent it deems necessary and, thereafter, the Board shallrender a decision as required by these Rules.
30.3

PLUM CREEK CONSERVATION DISTRICT
RULES
R.

A decision on any application, or a group of applications if there is a consolidated hearing
is final if a request for rehearing is not filed on time or if a request is filed on time and theBoard denies the request or if the Board renders a written decision after a rehearing.

S.

Timeliness and the ability to appeal this final decision are subject to the provisions ofSection 36.413 of the Texas Water Code.

30.4

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 31 - Changed ConditionsA.

The Board has continuing jurisdiction and authority to act on any matter related to any
permit, authorization, registration or other action within the jurisdiction of the Board
authorized by law and these Rules. Upon receiving a complaint from any person alleging
changed conditions or changes in any aquifer within the District as a result of issuance ofan Operating Permit, or other matter affecting the availability, use or pollution ofgroundwater within the District, or upon the discovery by the District of changed
conditions or changes in any aquifer after a decision on any application is made,including an application under the Provisions of Rule 5, then, on the recommendation of
the Board’s Executive Manager, or on its own Motion, the Board will decide at a regular
Board meeting whether to conduct a hearing on the new information or the Complaint. If
the Board decides to conduct a hearing to ascertain the validity and effect of any
complaint or new information, any such hearing on changed conditions is a contested
case and the hearing will be conducted pursuant to these Rules governing hearings oncontested cases. Notice shall be given to all affected Operating Permit holders in
addition to notice required under the provisions of Rule 26.

B.

Nothing in this Rule alters the authority or ability of the Board to periodically review
issued permits in accord with the provisions of Rule 15.

31.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 32 - General
A.

COMPUTING TIME: In computing any period of time prescribed or allowed by theseRules, by Order of the Board, or by any applicable statute, the period shall begin on thefirst day following the day of the act, event, or event of default in question occurs, andshall conclude on the last day of that period, unless the last day falls on a Saturday,
Sunday or legal holiday on which the District Office is closed, in which event the periodruns until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday
on which the District Office is closed.
1.

TIME LIMIT: Applications, requests, or other papers or documents required or
permitted to be filed with the District under these Rules or by law must be
received for filing at the District Office within the time limit, if any, for such
filing. The date of receipt and not the date of posting shall be determinative.

2.

SHOW CAUSE ORDERS AND COMPLAINTS: The Board, either on its own
motion or upon receipt of sufficient written complaint, may at any time, after due
notice to all interested parties, cite the owner or operator of a well within theDistrict to appear before the Board and require the owner or operator to showcause why a permit or other authorization should not be suspended, canceled,revoked or otherwise restricted and or limited, for failure to comply with theRules or Orders of the Board, or any relevant rule (s), regulation(s) or statute(s) of
any local, state or federal governmental body of competent jurisdiction. The
Board may address the matter informally at a Board meeting, or as a contested
case hearing, in which event issues of party status, evidence and all otherprocedural matters at the hearing will be determined in accordance with thecontested case hearing provisions of these Rules.

3.

SAVINGS CLAUSE: If any section, sentence, paragraph, clause, or part of theseRules should be held or declared invalid for any reason by a final judgment of thecourts of this state or of the United States, such decision or holding shall notaffect the validity of the remaining portions of these Rules, and the Board does
hereby declare that it would have adopted and promulgated such remaining
portions of such Rules irrespective of the fact that any other sentence, section,
paragraph, clause, or part thereof may be declared invalid.

4.

The Board shall have the right to revise or restructure, after due public notice, any
portion of these Rules it deems necessary.

32.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 33 - Enforcement of Rules
All Rules duly adopted, promulgated and published by this District shall be enforced as provided
for under Chapter 36, Texas Water Code and subsequent changes thereto.
A.

The District may enforce Chapter 36, Texas Water Code and these Rules by injunction,
mandatory injunction, or other appropriate remedy in a court of competent jurisdiction.
1.

The Board may set reasonable civil penalties for breach of any rule of the District
pursuant to which penalty shall not exceed $10,000.00 per day, per violation andeach day of continuing violation constitutes a separate violation.

2.

A penalty under Chapter 36, Texas Water Code, or the District’s Rules is inaddition to any other penalty provided by the law of this state and may be
enforced by complaints filed in a court of competent jurisdiction in Caldwell or
Hays County.

3.

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 costs incurredby the District before the court. The amount of the attorney’s fees shall be fixedby the court.

33.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 34 - Effective Date of These Rules
These Rules are adopted at a duly noticed, public meeting of the Board of Directors of the Plum
Creek Conservation District held on ____________, ____, at the District’s Offices in Lockhart,
Caldwell County, Texas, to become effective on _______________. Penalties for violations of
the Amended Rules will become effective five (5) days following publication of the second of
the two notices required by Sections 51.129 and 51.130 of the Texas Water Code.

34.1

PLUM CREEK CONSERVATION DISTRICTRULES

Plum Creek Conservation District
Board of Directors__________________________________________
James A. Holt, Jr., President__________________________________________
James O. Lipscomb, Vice President__________________________________________
Lucy Knight, Secretary__________________________________________
Ben Twidwell, Director__________________________________________
Peter Reinecke, Director__________________________________________
Fred Rothert, Director

Attested by:_______________________________
Johnie Halliburton,
Executive Manage

35.1