PLUM CREEK CONSERVATION DISTRICTRULES

Plum Creek
Conservation District
Groundwater Management& Protection
Rules

Adopted7.17.2014 working Rules dft v.1

PLUM CREEK CONSERVATION DISTRICTRULES
TABLE OF CONTENTS
Preamble .............................................................................................................. ........................... iv
Rule 1 - Definitions ....................................................................................................................... 1.1
Rule 2 – Waste or Pollution .......................................................................................................... 2.1
Rule 3 – Test Holes ........................................................................................................................ 3.1
Rule 4 - Well Applications & Registrations .................................................................................. 4.1
Rule 5 – Non-Exempt Agricultural Use Well Registrations ....................................................... 5.1
Rule 6 – Test Well Permit Applications........................................................................................ 6.1
Rule 7 - Production Well Permit Applications .............................................................................. 7.1
Rule 8 - Transportation Permit Applications ................................................................................ 8.1
Rule 9 - Recharge Permit Applications ......................................................................................... 9.1
Rule 10 - Miscellaneous Applications ........................................................................................ 10.1
Rule 11 - Exempt Wells .............................................................................................................. 11.1
Rule 12 - Well Requirements ...................................................................................................... 12.1
Rule 13 - Application for Drilling Permits .................................................................................. 13.1
Rule 14 - Issuance of Permits ...................................................................................................... 14.1
Rule 15 - Time During Which a Permit Shall Remain Valid ...................................................... 15.1
Rule 16 - Location of Well .......................................................................................................... 16.1
Rule 17 - Deposits and Administrative Fees ............................................................................... 17.1
Rule 18 -Reporting & Record Keeping Requirements ................................................................ 18.1
Rule 19 - Water Well Driller/Pump Installer License ................................................................. 19.1
Rule 20 – Classification, Spacing and Production Provisions .................................................... 20.1
Rule 21 - Rate of Decline ............................................................................................................ 21.1
Rule 22 – Reworking or Replacing a Well ................................................................................. 22.1
i

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 23 - Protection of Groundwater Quality – Required Equipment on Wells......................... 23.1
Rule 24 - Transportation of Groundwater From the District....................................................... 24.1
Rule 25 - Recharge Wells and Facilities, Including Aquifer Storage and Recovery Wells
and Projects ................................................................................................................. 25.1
Rule 26 - Right to Inspect and Test Wells .................................................................................. 26.1
Rule 27 - Notice Requirements..................................................................................... ............... 27.1
Rule 28 – Permit Consideration ................................................................................................... 28.1
Rule 29 – Permit Conditions ........................................................................................................ 29.1
Rule 30 – Test Hole and Test Well Determinations Uncontested Applications: ......................... 30.1
Rule 31 – Contested Applications................................................................................................ 31.1
Rule 32 – Changed Conditions .................................................................................................... 32.1
Rule 33 – General ........................................................................................................................ 33.1
Rule 34 – Enforcement of Rules .................................................................................................. 34.1
Rule 35 – Effective Date of These Rules ..................................................................................... 35.1
36 - Signatures ............................................................................................................................. 36.1

ii

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.

iii

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 which contains nopumping equipment (open or uncovered well); or (c) a well which is not maintained incompliance with applicable law, including the Rules and Regulations of the District, the Texas
Water Well Driller’s Act, Texas Commission on Environmental Quality, Texas Railroad
Commission or any other state or 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 Statute and these Rules for the particular type of application presented as determined by theDistrict.
“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 ispermitted with the District pursuant to the provisions in Rule 5 of the District’s Rules. .
“Allowable decline” means an amount of water, expressed in acre-feet, approved by the Board
pursuant to Rule 21 – Rate of Decline.
“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, used for the treatment, injection, storage and production of surface water
within the boundaries of the District as contemplated by provisions in Chapter 11, Subchapter Dof the Texas Water Code.

1.1

PLUM CREEK CONSERVATION DISTRICTRULES“Aquifer Storage and Recovery Well” and “ASR Well” means a well designated orconstructed to be used to inject into storage or recover from storage water from an aquifer within
the District as part of an ASR Project.
“Area of Consideration ” means an area in the District within a circumference or arc ofproperty that is in the vicinity of an existing or proposed well or well field where calculations
made by the District using standard methods show that there could be a drawdown of the static
water level in any aquifer of more than five (5) feet during a period of up to seven (7) days as aresult of continuous production at maximum production rates from the well being studied. The“Area of Consideration” determination is to be used for notice purposes and is not a
determination of actual impacts of production from the proposed well.
“Authorized Well Site” means:
1.

The location of a proposed well as identified in an application duly filed with theDistrict, until such application is denied, canceled, or expires (a location
designated in an application is not a permit to drill at the designated site); or

2.

The location of a well as stated on a permit issued by the District; or

3.

The location of any well producing fresh, brackish or saline water from the
Quaternary, Tertiary, and Cretaceous aquifers, 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.
“Chemigation” means a process whereby pesticides, fertilizers or other chemicals, or effluent
from animal or human wastes are added to irrigation water applied to land or crops, or both forbeneficial purposes, through an irrigation distribution system.
“Commission” means the Texas Commission on Environmental Quality, or the “TCEQ,” andany successor agency.
“Contiguous” includes separately described tracts of land touching at any point or separately
described tracts of land separated from other tracts owned or leased by the Applicant by a road orother transportation rights of way.
“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” means the Plum Creek Conservation District or PCCD, created by special legislative
enactment formerly codified as Article 8980-126, TEX. REV. CIV. STAT. ANN. When used inthese Rules in connection with actions, the term “District” means actions of the Board of theDistrict and of employees of the District when the employees are acting in accordance with theseRules.
“District Headquarters” 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 orchard; for watering of domestic animals; and for noncommercial water recreation including aquatic and wildlife enjoyment. Domestic use does notinclude water used to support activities for which consideration is given, bartered or received, orfor which the product of the activity is bartered or sold.
“Easy Access” means access is not obstructed by equipment and the fitting(s) can be removed
and replaced with a minimum of tools and/or effort, and without risk of breakage of any attachedparts.
“Electric Log (Geophysical Log)” means the representation of results of tests made by a wireline measurement of natural gamma radiation and/or of measurements of various forms ofresistivity/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.

1.3

PLUM CREEK CONSERVATION DISTRICTRULES“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 11 of these Rules or
exempted from permitting by the provisions of Chapter 36, Texas Water Code.
“Existing Well” means a well that was drilled prior to December 31, 2003.
“Flapper” means the clapper, closing, or checking device within the body of the check valve.
“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.
“Fresh, Brackish & Saline Zones”
PeriodQuaternary

Epoch
Holocene
Pleistocene

Group/Formation/Member
Description
Alluvium
Sand, silt, clay
Leona
Gravel, sand, silt. clay
WechesClay, silt, sandQueen City
Sand, clay
Tertiary
Eocene/Reklaw
Clay, sand, silt
Paleocene
Carrizo
Sand, clay
Wilcox
Sand, clay
MidwayClay, silt
Late
NavarroClay, silt
Pecan Gap
Chalk
Eagle Ford
Clay
Buda
Limestone
Del Rio
Clay
Georgetown
Limestone
Edwards
Limestone, dolomite
Cretaceous
Early
Glen Rose
Marl, limestone
Hensell
Sand, silt, clay, dolomite
Bexar
Clay, silt
James (Cow Creek)
Limestone
Pine Island (Hammett)
Clay
Sligo
Limestone, silt
Hosston
Sand, gravel, silt, clay
Note: blue indicates primary, secondary and tertiary potential fresh, brackish and saline aquifers.

1.4

PLUM CREEK CONSERVATION DISTRICTRULES“GPD” means gallons per day.
“Groundwater” means water percolating below the surface of the earth.
“Groundwater Reservoir” means a specific subsurface water-bearing reservoir having
ascertainable boundaries containing groundwater.
“Guidance Document” means a statement prepared and revised by the District from time totime that is a communication between the District and others detailing the District’s views oninterpretations of these Rules. Any Guidance Document will be made available in the offices of
the District and on the District’s Web Site and is not a Rule.
“Historic Use” means the amount of production of groundwater from a well for beneficial use
without waste prior to 2004.
“Injection well” means 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 ofwater, or any other fluid, into a water bearing subsurface stratum, regulated pursuant to Chapter
27, Texas Water Code subject to the jurisdiction of either the Texas Commission on
Environmental Quality and/or the Texas Railroad Commission.
“Irrigation distribution system” means a device or combination of devices having a hose, pipeor other conduit that connects directly to any water well through which water or a mixture ofwater and chemicals is drawn and applied to land. The term does not include any hand held hosesprayer or other similar device which is constructed so that an interruption in water flow
automatically prevents any backflow to the water source.
“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.
“MAG” means Modeled Available Groundwater as calculated by the TWDB.
“Maximum Historic Use” means the maximum amount of groundwater pumped from a wellwithout 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 Tier IIwells on permitted or registered groundwater wells located on properties in the Area ofConsideration of a permitted well’s operation at maximum capacity. A Mitigation Plan can be

1.5

PLUM CREEK CONSERVATION DISTRICT
RULES
one adopted by Rule by the District, or approved by the District in connection with anapplication for a permit for a well or Well Field Project and can include mitigation efforts inplace with other groundwater districts or Well Field Projects.
“Modeled Available Groundwater” 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.
“Monitoring well” means a producing or non-producing well designated or constructed tomeasure, 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 is used in conjunction with the production of oil, gas or any other minerals.
“Owner” means, and includes, any Person having the right to produce groundwater either byownership, contract, lease, easement or any other estate in the land or water.
“On-Site” means 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.
“Permitted Well” means a non-exempt well that has been issued a permit or other authorizationby 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.
“Recharge Well” means a well other than a disposal well, including an “Aquifer Storage andRecovery Well” and “ASR Well”, used to allow or cause water to flow out of the well into theaquifer either under a gravity head or a head maintained by an injection pump in order toreplenish the groundwater or store water in any aquifer for subsequent recovery.
“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.
1.6

PLUM CREEK CONSERVATION DISTRICTRULES“Saturated thickness” means the vertical distance between the water table and the base of thegroundwater reservoir.
“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 can be
subsequently permitted as a production well or a monitor well if an appropriate permit is granted
following submission of an application.
“Tier I Well” means a well that has an annual pumping limit of 300 acre feet or less.
“Tier II Well” means any well not a Tier I well.
“Transportation Facility” means any system used for transporting groundwater produced froma well(s) located, or to be located, within the District.
“TWDB” means the Texas Water Development Board.
“Underground Water” means groundwater.
“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 beneficial 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 or groundwater
discharging to the surface in natural springs;

1.7

PLUM CREEK CONSERVATION DISTRICT
RULES
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 Commission
under either Chapter 11 or 26 of the Texas Water Code;

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,” has the meaning assigned by
Section 11.205 of the Texas Water Code; or8.

Production of groundwater from a Non-Exempt Existing Well without firstobtaining a permit from the District.

“Water” means groundwater or underground water.
“Water Classes”:
PCCD Definition Water Classes
Fresh

Total Dissolved Solids (mg/l)<1,0001,000-10,000
Brackish10,001-35,000
Very Saline
35,000Sea Water> 35,000
Brine
USGS: Davis & De Wiest (1996). Subsurface saline water has been found as high as 400,000
mg/l. Most subsurface brine ranges between 50,000 and 200,000 mg/l.
“Water Well” means any artificial excavation constructed for the purpose of exploring for,monitoring, recharging, storing or producing, groundwater other than: (1) test or blast holes inquarries 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 hole(s) is used to produce groundwater, or (iii) any
injection well regulated by the Railroad Commission or TCEQ. The term “Water Well” includes
Test Holes as described in Rule 3 of these Rules.
“Well” includes any “Water Well” described or defined in these Rules.
1.8

PLUM CREEK CONSERVATION DISTRICT
RULES“Well Field” means any permitted well or group of wells whether permitted or exempt under thecontrol of one owner and existing within 5,000 feet of another permitted well.
"Well Field Project" means an application for a single purpose project that will use multiple
water wells for production of a total permitted quantity of water to be used on an integrated basis
for the planned project using multiple production wells that will be installed and developed overa period of time.

1.9

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 2 -– Waste, Pollution or NuisanceA

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, Well Field
Project wells, or unpermitted exempt well at greater rates or in greater quantities thanauthorized.

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 Plum Creek Conservation
District, the owner of a well(s) identified as an abandoned or deteriorated well must
initiate action to ensure that the abandoned or deteriorated well is plugged, covered, or
reworked in accordance with the requirements of the District and any applicablestatewide law, agency or political subdivision having jurisdiction including, but notlimited to the Texas Water Well Driller's Act, Chapters 35 and 36, Texas Water Code, theTCEQ, and Railroad Commission. Final plugging, covering or re-working shall beaccomplished within ninety (90) days of the well owner receiving notice.

D.

Groundwater produced from a Non-Exempt Existing Well that is not permitted by theDistrict is Waste unless the well qualifies as an Exempt Well in accord with Rule 11 ofthese Rules.

E.

A nuisance condition exists from: long term production of quantities of water in excess ofrecharge rates for an aquifer or for a group of aquifers that result in declines in waterlevels in excess of those determined by Rule 21 production of water causing or leading to
Pollution; and production of water that results in Waste, as defined in these Rules.,2.1

[Type text]

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 is not a well and, unless converted into a well,cannot be used to produce water for any purpose except that of characterizing the
subsurface formation and water contained in those formations.

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 each test hole prior tocommencement of drilling each test hole. The application for authority to drill a test holeshall be accompanied by payment of the prescribed fee(s), and include all of thefollowing 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;3.

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

4.

If the person proposing to obtain permission for the test hole is not the ownerof 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 uponcompletion of the test hole operation;

8.

An acknowledgment that the test hole will either be properly plugged or, if adecision is made to convert the test hole to a water well or monitoring well,that the test hole will be capped with a covering capable of sustaining a weightof at least 400 pounds until the test hole is converted into an exempt well, a
registered monitor well, or permitted as a water well; and3.1

[Type text]
9.

An acknowledgment that the owner will make appropriate applications to theDistrict pursuant to Rule 4 if the test hole(s) is not plugged.

C.

Any other information deemed necessary by the District.

D.

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 permitted production well or monitor well withinone (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 theperiod during which the test hole may remain unplugged.

E.

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.

F.

Notice associated with Applications to drill test holes is described in Rule 27.

G.

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.

H.

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, must be registered with or permitted by the District inorder for the District to consider the effects of other permit applications on the well.
Failure to register a well with the District or to obtain a permit for a well will result in thewell not being considered when the decision to permit wells are made. If the District
becomes aware of an existing Exempt Well it may invite the owner to submit aregistration for the well. However, until a registration request is received from the owner
the District will not consider the Exempt well to be registered.

B.

All applications for new well permits for wells other than monitor wells and wells
associated with Well Field Projects 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.

C.

All exempt Existing Wells, including exempt wells, monitor wells and wells used inconnection with oil and gas operations, shall be registered with the District. If a person
desires to drill a new exempt well, including a new well being drilled or to be used inconnection with oil and gas operations, they must register such new well prior to thecommencement of drilling.

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 and to prevent thepollution or harmful alteration of the character of the water in any groundwater reservoir,and (ii) 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).

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,
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 the District for, and receiving a permit for groundwater production for any

4.1

PLUM CREEK CONSERVATION DISTRICT
RULES
well other than a monitor well. Monitor wells must have a monitor well permit issued by
the District.
I.

Owners of Existing Wells that do not qualify as Exempt Wells must apply to the District
for a permit to continue operating the Well. 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 tobe operated in a non-wasteful manner.

J.

All applications for permits and registrations filed with the District shall include all of thefollowing information:
1.

Name and mailing address of the applicant/registrant and, if different, theowner of 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 operateon 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, including longitude and latitude coordinates; the nameof the current landowner as listed on the tax rolls with the Volume and Page
data from the Caldwell or Hays County Deed Records; the approximate
distance and location in feet to the nearest public road, property line or otherlandmark; and the survey in which the land is located;

4.

A statement of the nature and purpose of the existing/proposed action and theamount of water to be used for each purpose. Multiple uses of the same
quantity of water may be requested, provided that the total cumulative volume
used annually does not exceed the amount authorized by any permit issued by
the District or exemption authorized by these Rules. Groundwater produced
from any exempt well(s) may only be used for purposes authorized by theclaimed exemption;

5.

The proposed rate at which water is or will be withdrawn from a new well, or
the actual production rate for an Existing Well;

6.

The name and address of the driller or contractor;

7.

The date proposed drilling operations are to commence for a new well(s), or
the date on which the well(s) was completed for an Existing Well;

8.

A statement of the location of all permitted or registered wells within the Areaof Consideration of the proposed well(s) location, together with the names andaddresses of the owners of the Property on which such wells are located based

4.2

PLUM CREEK CONSERVATION DISTRICT
RULES
upon the most current tax rolls, and the district well number associated witheach such well identified;9.

An acknowledgment by the applicant/registrant that required information will
be furnished to the District by the applicant/registrant upon completion of thewell(s) and prior to production of water therefrom;10.

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

11.

A list of landowners as listed on the tax rolls of Caldwell or Hays County, as
applicable of all tracts of land not owned, controlled or leased by the applicant
within the area of Consideration of the proposed well or Well Field Project;

12.

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;

13.

A representation that the well(s) was, or will be, drilled, equipped andcompleted in accordance with District Rules;

14.

Acknowledgment that the well(s) will be properly plugged in accordance withDistrict Rules;

15.

A mitigation plan developed by the applicant for a Tier II well; or a statementthat the applicant will comply with the District’s mitigation plan.

16.

A mitigation plan developed by the applicant for a Tier I well when requiredby the Executive Manager pursuant to Rule 4 and 20or a statement that theapplicant will participate in the District’s mitigation plan .

17.

Well testing requirements for wells to be used for public drinking water supply
purposes and subject to requirements of provisions contained in 30 TAC 290
governing Public Drinking Water Systems shall include interval-time
drawdown data and calculations of producing formation characteristics shall
include transmissivity, hydraulic conductivity, and storage coefficients; and18.

Well testing requirements for Tier II wells not used for public drinking watersupply purposes shall include information allowing the District to verify its
calculations of the Area of Consideration of the well.

19.

Any other additional information deemed necessary by the District andauthorized by Chapter 36, Texas Water Code.

4.3

PLUM CREEK CONSERVATION DISTRICT
RULES

4.4

PLUM CREEK CONSERVATION DISTRICT
RULES

Rule 5 – Non-exempt Agricultural Use Well Permits
A.

In lieu of making an application for a standard production permit an owner of land
seeking to use groundwater for agricultural or livestock use purposes on-site may
apply for a permit for one well for use of no 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, theapplication can be made under this Rule for a production permit for a lesser annual
production quantity of one-half acre foot per acre for the owned tract. Production
rates for such wells are limited to production rates no greater than those allowed forTier I wells producing the same total annual quantity or water as the well to bepermitted under the terms of this Rule. To qualify for a permit under this Ruleseparately owned tracts can be totaled but the separately owned tracts must becontiguous. No permit under this Rule 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, the lease supporting the application must be
provided with the Application.

B.

Only a single Non Exempt Agricultural Use Well Permit may be issued for a single orfor contiguous tract/s of 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.

An application for a non-exempt Agricultural Use well permit under this Rule is nota contested case.

E.

All of the requirements in the District’s Groundwater Management and Protection
Rules are applicable to wells permitted under Rule 5 in accordance with theprovisions of each of the Rules.

F.

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 effectis not received by the end of January after a calendar year concludes, the lease shallbe deemed 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.

G.

A non-exempt Agricultural Use Well authorized under the terms of this Rule is a
“Permitted Well” that is limited towater production and the specific uses authorizedunder the terms of this Rule.
5.1

PLUM CREEK CONSERVATION DISTRICT
RULES

5.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 6 – Test Well Permit ApplicationsA.

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 can be issued by the Executive Manager of theDistrict or may be referred by the Executive Manager to the Board for consideration andaction.

C.

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.

D.

A Test Well Permit is extended for a term of a production well permitted by the District
from the first date it was issued conditioned upon drilling 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.C provided that an
application to convert the Test Well permit into a permitted production well during theperiod when the Test Well Permit is valid.

E.

If the District has not received and application to convert a test well into a permitted
production well during the Test Well Permit term, the Test Well must be plugged orcompleted as an exempt or monitor well within one hundred twenty (120) days after the
expiration of the Test Well Permit for the Test Well. If the Applicant fails to complete
the test well as an exempt well or properly plug it as required, the District may act to plug
the Well and recover its costs from the Applicant.

F.

Prior to submitting an application for a Test Well, an applicant is encouraged to meetwith District staff for the purpose of addressing any questions, concerns, or technicalissues that may arise throughout the testing of the well.

G.

An application for a Test Well must include a listing and description of the proposed
procedures, materials, and methods used for the testing of the well/s.

6.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 7 – Production Well Permit Applications
A.

B.

An application for a “Water Well Production Permit” for a new non-Exempt well or for a
Test Well that is to be converted into a monitor well or into a non-Exempt Production
Well 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, lithologic or geophysical log(s)(in Tiff format if available) prepared
during the drilling of the subject well;4.

Identification of the aquifer(s) from which water will be produced and thescreening or perforation interval(s);5.

The proposed use of the well(s);6.

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

7.

The rate at which the well(s) is going to be produced in gallons per minute;8.

The volume of water to be produced annually;

9.

The number of contiguous acres owned or leased for water production by theapplicant/registrant from which groundwater is to be produced as recorded in the
Caldwell or Hays County Deed Records and that has not already been allocated ina permit or assigned in any current application that is under consideration;

10.

The number of acres owned or leased for water production by the applicant in the
Area of Consideration;

11.

Resuts from any test well or test wells drilled or used as the basis for theapplication of a production permit for an individual production well or for a Well
Field Project application; and12.

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

To obtain a Water Well Production Permit for an Existing Well based upon its Historicuse the following additional information shall be provided to the District on forms
provided by the District:

7.1

PLUM CREEK CONSERVATION DISTRICT
RULES
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(s) including, but not limited to, allof the following:(a)a copy of the driller’s lithologic and geophysical log(s) for each well
anticipated to contribute groundwater to the transportation facilities;(b)a completion record showing the depth of the well(s), the casing diameter,
type and setting, and the perforated interval(s);(c)

the size of the pump(s) used to produce groundwater to be transported; andthe date the well(s) 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, including documentary evidence corroborating such 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 in the
Area of Consideration; and8.

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

C.

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 not Administratively Complete and returnit to the applicant or present the 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.

D.

Well Field Project applications:
In addition to the other items in this Rule 7 required for Production Well Permit
application, an application for a Well Field Project must contain a development plan that
includes information on the total number of wells anticipated, take completed estimateddates of construction and locations of the wells, and estimated rates of production and

7.2

PLUM CREEK CONSERVATION DISTRICT
RULES
total production associated with each well or each group of wells planned fordevelopment and completion within each six (6) month period of the permit duration.

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 must include all of the information
described in 4.J of these Rules and Rule 7 of these Rules, 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 legal description of the location of the well or well field if the application isfor a Well Field Project, including the longitude and latitude coordinates, fromwhich groundwater to be transported is to be produced;

3.

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

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 is located including thenames and addresses of water rights owners if there has been a severance or leaseof water production rights on the lands where the well or well field is located;

5.

The permit number of the well or wells used to produce water to be transported;6.

For other tract Well Field Projects a technical description of the well or wells thatare producing water for transportation including, but not limited to all of thefollowing:(a)a copy of the driller’s log, lithologic and geophysical log(s) (in Tiff format
if available) for each well anticipated to contribute groundwater to thetransportation facilities;(b)a completion record showing the depth of the well(s), the casing diameter,
type and setting, and the perforated or screened interval(s);(c)

the size of the pump(s) used to produce groundwater to be transported; andthe date the well(s) was drilled;

7.

Well Field Project Applications shall state that information required in Rule
8A.(b) shall be sullied within 120 days following the completion of each well in
the permitted Well Field Project. Upon submission of such information andapproval by the District each well in the Project shall then be considered apermitted well;

8.

The proposed use of groundwater transported;

9.

The volume of groundwater transported, if any, during the previous calendar year;
8.1

PLUM CREEK CONSERVATION DISTRICT
RULES
10.

A description of the facilities used to transport groundwater;

11.

The names and addresses of the property owner(s) within the “Area ofConsideration” from which water to be transported is to be produced, and thelocation of any well(s) on those properties;

12.

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

13.

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

A description of the existing or proposed well or Well Field andproduction facilities, including depth of the well(s) the casing diameter,
type and setting, the perforated or screened interval(s), and the size ofpump(s);(b)

A technical description of the facilities to be used for transportation ofwater;(c)

Information showing the effect, if any, of the proposed transportation on
the quantity and quality of water available within the District for areas_____ outside the Well Field Project if applicable;

14.

A discussion about any other water sources, including treated effluent, brackish
water and grey water, that could be substituted for the fresh groundwater andpossible sources of such water sources including quantity and quality;

15.

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

16.

A Mitigation Plan for the well or Well Field Project; and17.

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 – Recharge Permit Applications
A.

An application for a “Recharge Well Permit,” for any well, whether an Existing Well or a
new well, shall include any permit number assigned to that well by the District and all of
the following additional information:
1.

The name and address of the water right owner(s) of the land upon which therecharge facility will be located;

2.

The legal description, including longitude and latitude coordinates, of the exact
proposed location of the recharge facility;

3.

Permit number authorizing the diversion of state owned surface water;

4.

Copies of all permit(s) for any well(s) intended to be used for recharge;

5.

The time schedule for construction and/or operation of the recharge facility;

6.

The names and addresses of the property owner(s) within the Area ofConsideration of the proposed recharge facility location, and the location of any
permitted or registered well(s) on those properties;

7.

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

A technical description of the facilities to be used for recharge;(b)

The source of the water to be recharged;(c)

The quality of water to be recharged;(d)

The volume of water to be recharged;(e)

The rate at which the water will be recharged;(f)

The formation into which water will be recharged;(g)Technical analysis of the applicant’s ability to recover the recharged water
for beneficial purposes, less reasonably predictable losses, including
beneficial use by third parties;(h)Estimation of volume of water to be recovered of injected or stored water;
and

(i)

A technical analysis of the source and recharge estimates;

9.1

PLUM CREEK CONSERVATION DISTRICT
RULES
8.

9.
B.

Credible scientific evidence showing that the proposed operation will not:(a)Endanger the structural characteristics of the formation receiving therecharged water;(b)

Cause waste; and(c)Cause pollution in groundwater formations; andAny additional information that reasonably may be required by the District.

To the extent any information required by this Rule previously has been provided to theDistrict, the applicant can satisfy said requirements of this Rule by reference to the priorfiling, and attaching a copy thereof to the current application.

9.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 10 – 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.

10.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 11 – 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 and, if
available, the well’s geophysical log.

B.

Domestic Use Wells
1.

A well used solely for domestic use is exempt from the need to obtain aproduction permit from the District as long as all the requirements of paragraph
11.B of these Rules are met. Groundwater produced from any exempt well under
this Rule 11.B may be used only for domestic and livestock purposes on land
owned by the well owner.

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 therequirements of the District if the well is used to supply water to a subdivision ofland for which a plat approval is required 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 somelater 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 be
registered 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.

6.

Any domestic well exempt from permitting under the provisions Section 10.B ofthese Rules and of Chapter 36 of the Texas Water Code must be equipped and

11.1

PLUM CREEK CONSERVATION DISTRICT
RULES
maintained 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.

C.

7.

Any alteration of the well to increase its capacity to produce water, or to change
the use of water begin produced from domestic use to any other non-exempt 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 theDistrict 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, whichever is the shorter 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 a drilling or operating permit
from the District for the production of water from the well as long as all therequirements of Section 11.C of these Rules 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.

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 be registered with the District. Registration shallnot be complete until information required to be submitted to the District has been
11.2

PLUM CREEK CONSERVATION DISTRICT
RULES
furnished or the Executive Manager has agreed to designate the well as being
registered with incomplete information. An exempt well that is not registeredwith the District will not be considered in evaluating applications submitted to theDistrict.

D.

6.

Any well that is producing groundwater and is exempt from permitting under theprovisions of paragraph 10.C of these Rules 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 ofgroundwater from a groundwater reservoir to any reservoir not containing
groundwater and to prevent the pollution or harmful alteration of the character ofthe 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 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 the person
holding the Railroad Commission drilling permit is responsible for drilling andoperating the water well and the water well is located on the same lease or within
the same field associated with drilling operations of the oil or gas drilling rig.

2.

If a well exempt from permitting under the provisions of Section 11.D of theseRules begins to provide water for any purpose other than drilling or exploration
operations for an oil or gas well permitted by the Railroad Commission of Texasthen the well producing the groundwater is no longer exempt from the other

11.3

PLUM CREEK CONSERVATION DISTRICT
RULES
requirements of the District and of these Rules. Production of groundwater fromthe exempt well for the new use is prohibited until the District has made adecision on the application for a permit for the well for the new use of waterproduced from the well.

E.

3.

The District will not deny an application for a production 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 Section 11.D of these Rules and of Chapter 36 of the Texas Water
Code must be registered 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 Section 11.D of these Rules 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 ofgroundwater from a groundwater reservoir to any reservoir not containing
groundwater and to prevent the pollution or harmful alteration of the character ofthe water in any groundwater reservoir or aquifer.

6.

Any well that is producing groundwater and is exempt from permitting under theprovisions of Section 11.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 Section
11.D 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.

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 ofSection 11.D of these Rules 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
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 the11.4

PLUM CREEK CONSERVATION DISTRICT
RULES
withdrawals 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 a permit for the well.

3.

Water wells exempt from permitting by the District under the terms of Section 11
E of these Rules need not comply with the spacing requirements of the District’s
Rules.

4.

The owner or operator of a well that is exempt from permitting under theprovisions of Section 11.E of these Rules and of Chapter 36 of the Texas Water
Code must be registered 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
11.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 Section 11.E of these Rules 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 ofgroundwater from a groundwater reservoir to any reservoir not containing
groundwater and to prevent the pollution or harmful alteration of the character ofthe water in any groundwater reservoir.

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 ofSection 11.E of these Rules and of Chapter 36 of the Texas Water Code is subject
to export fees imposed by the District.

11.5

PLUM CREEK CONSERVATION DISTRICT
RULES
8.

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

The total amount of water withdrawn during the month;b.

The quantity of water necessary for mining activities; andc.

The 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 Rule
11.D of these Rules, nor to injection wells drilled for oil, gas, sulphur, uranium, orbrine production, or for core tests associated with, or for injection of water, gas,
saltwater, or other fluids, in wells that are authorized under permits issued by theRailroad Commission of Texas or the Texas Commission on Environmental Quality,
as appropriate. However, the District is to be notified of the locations of such
injection wells at the time application for a permit for drilling such a well is made to
the appropriate State agency.

G.

Absent an appropriate TCEQ ASR project permit, injection of water and productionof stored water from wells associated with an ASR project are required to obtain
individual well permits or Well field Project permit authorization from the District.

11.6

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 12 – 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, for production, 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 distance to be determined by the District related
to operations associated with the particular application being considered;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; and5.

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 record volumes, rates and times of operation of the well.

12.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 13 - Application for 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 11 or pursuant to appropriate registration or permits issued by theDistrict after consideration of an application for the particular type of registration or
permit requested. Although no drilling permits are required for exempt or registeredwells, the provisions on information reporting and all applicable requirements in Rule 11of these Rules apply and the District is to be given notice of the location and dates forbeginning the drilling of exempt wells and required information about the locations,depths, drilling and completion details associated with such wells.

13.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 14 - Issuance of 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.

The application is in conformance with any applicable spacing requirements
established by the District or, if any deviation from those requirements isrequested, whether there are measured data supporting the request for deviationin accord with the provisions of Rule 20.D of these Rules;

3.

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

4.

The proposed use will allow the District to manage total groundwaterproduction 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
produced under permits issued by the District; and(e) yearly precipitation and production patterns.

5.

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

6.

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

7.

The proposed use of the groundwater will result in subsidence;

14.1

PLUM CREEK CONSERVATION DISTRICT
RULES
8.

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;9.

If the application is for the renewal of a permit, whether the requirements ofthe 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,
and the pattern and extent of use of the existing permit;

10.

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
with a specific permit, and to the extent that aquifers being pumped cancontinue to produce permitted water on a sustainable basis.

11.

The Board may consider information related to the applicant’s efforts toaddress landowner concerns and impacts in the Area of Consideration of any
proposed well or Well Field Project or for renewals of permits of existing wells
or Well Field Projects.

12.

Nothing in this provision 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.

The Board may consider actual production patterns and volumes associatedwith wells or Well Field Projects using water for similar purposes or from thewell for which renewal is requested or both in connection with any renewal
application.

14.

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 theBoard for consideration.

15.

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 such permits.

16.

The testing of a well or wells has (1) adequately assessed the aquifer
characteristics in the “area of consideration”, (2) adequately assessed any
impacts to nearby registered or permitted wells, and (3) adequately assessed
the effect of requested pumping when considering the DFC.

14.2

PLUM CREEK CONSERVATION DISTRICT
RULES
C.

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;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; and5.

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

14.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 15 - Time During Which a Permit Shall Remain ValidA.

Any drilling work required by any individual well permit must be commenced within one
hundred twenty (120) days from the date the permit is granted. Once drilling commences
notice of the completin of the well and notice of intent to place the well into production
shall be given to the District. Once the well has been drilled and completed and thenotice given, , the permit for that well shall be valid for the term stated in the permit
issued. 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 of
required drilling activity under the permit if a proposed drilling project will take moretime to complete and the Board may grant such time as is reasonably necessary tocomplete such 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.

D.
1) All Well Production 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 and expire when the Well
Field Project Permit expires. _____________
2) The terms of all water well production permits in existence on of the effective date ofthese Rules shall have a term of thirty (30) years rather than an expiration date as statedin the existing permit with the thirty year term beginning as of the date that the existing
permit was approved by the Board provided that:a. the well has been drilled 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 has been used at least once during thefive year period prior to the effective date of these Rules for the production ofwater without waste;
d. The well has been operated in accordance with the representations in theapplication that was submitted and used for the basis of permit issuance and inaccordance with the permit’s terms, the District’s Rules and all applicablestatutes; and15.1

PLUM CREEK CONSERVATION DISTRICTRULES
e. All fees or other assessments levied by the District, if any, have been paid.
3) If renewal of a Production Permit or Well Field Project Permit is filed with theDistrict at least one month before the expiration date of the existing permit, then theexisting permit will remain in full force and effect and will not expire until Board action
on the renewal application is final. \4) All permits, including Agricultural Use permits, individual well permits, and Well
Field Project permits will be reviewed by the Board at least every five (5) years or more
often if conditions require such review including determination made pursuant to Rule 21of these Rules.
5) Well Production Permits issued by the District are not vested property rights but
licenses subject to the continuing jurisdiction of the District. Regardless of the statedterm and conditions in a production permit, production permit provisions are subject tomodification including modification mandating reductions in production rates andquantities on a permanent or temporary basis if the District determines that suchmodification 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 thecontinued pumping at rates or at the quantities permitted would cause the groundwater inthe District to be at levels that would violate the Desired Future Conditions applicable tothe permitted water well, or if conditions exist as determined under Rule 21.
E.

A Well Production Permit or Well Field Project Permit is transferable upon application
to the District in the event of a change of ownership of the well or Project. Unless thePermit is modified in response to an appropriate application, the transferred Permit is forthe remainder of the term of the permit for the well or for the Well Field Project andsubject to all other terms and conditions of the transferred Permit. Acceptance of thePermit by the person to whom it is issued or transferred constitutes acknowledgment ofand agreement to comply with all of the terms, provisions, conditions, limitations, andrestrictions of the Permit and of these rules.

F.

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.

Non-production from a permitted well not part of a Well Field Project during its permit life shallcause the permit to expire at the end of the initial term of the permit unless the Board finds valid
reasons for the lack of production when considering an application to renew the permit.

15.2

PLUM CREEK CONSERVATION DISTRICTRULES
Anyone who is seeking to transfer a water well production permit/s or a well field production
permit must complete the appropriate application/s based on the type/s of transfer/s one isseeking as listed below.
Type 1: Change of Ownership - This type of transfer involves a change of ownership and does
not seek to change the location/s of the permitted well/s or well field, the production rate forthe permit, the permitted amount, and the type of water use associated with the permit.
Type 2: Relocation – This type of transfer involves the relocation of a permitted well/s orwell field to another tract of property.
Type 3: Partial – This type of transfer involves a partial transfer of a production permit's orwell field permit's permitted water amount.
Type 4: Temporary-This type of transfer involves the transfer of a production permit/s or well
field permit for a specified limited duration in time.
Type 4: Out of District – Involves an application to transfer a production permit to anotherneighboring groundwater conservation district. (Requires an Inter local agreement between theDistricts)
Type 5: Change of Use – This type of transfer involves an application to change a permit from
one type of use to another.
*In order to qualify for a transfer there will be certain requirements and conditions required.
*If there are multiple transfer applications, then they will also be considered collectively.

15.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 16 - Location of Well
A.

After the application for a well permit has been granted for a new well or a well that is apart of a Well Field Project any replacement well for the permitted well must be within
thirty (30) feet of and no closer to a property boundary than the location specified in thepermit or registration. If the well is commenced or drilled at a different location, absent
an amendment to the permit or registration, the drilling or subsequent operation of suchwell may be enjoined by the Board pursuant to Chapter 36.102 Texas Water Code andthese Rules.

16.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 17 - 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 incurred by the District for
notice required by Rule 27.B.

17.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 18 - 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.

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.

C.

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 water produced
during the prior calendar year. Such reports shall show production by month if suchrecord keeping is required by the Permit for the well.

D.

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 month. [Same provisions on timing of reports as in the following
provision?]E.

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 using in each injection and production
well associated with the ASR project and the source or sources 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.

18.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 19 - 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 Texas Railroad Commission, and the Commission on Environmental
Quality, 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.

19.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 20 - Classification, Spacing and Production Provisions
A.

To reduce drawdown of the water table and/or the reduction in artesian pressure, tocontrol subsidence, and to prevent waste, the District is enacting well spacing and/or
production limits in these Rules.

B.

Tier I rules apply to non-exempt agricultural use wells permitted under Section 5 of theseRules and to individually permitted wells producing not more than 300 acre feet per yearof water not used for municipal purposes. Tier II rules apply to permits for wells
producing more than 300 acre feet per year of water and to municipal use wells of any
producing quantity. As of the effective date of these Rules, the following spacing andproduction requirements are established:C.

Non-exempt agricultural use wells are subject to the setback and spacing requirements
and limits on production based upon tract size (permit limits feet/acre/year) for Tier I
wells shown in the chart for Tier I permits.

D.

Applications for Tier I, Tier II and Non-Exempt Agricultural Use water well
production permits may use the Brackish-Saline Table in lieu of using the Tier I &II tables, if the well’s TDS level is shown to be equal or above a 1000 MG/LE.

Applications using the Brackish-Saline Table will be required to furnish theDistrict with results of their TDS water quality test from a NELAP accredited lab.

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

20.1

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/year½ 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
results,
well field
design andproposed
operations

20.2

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
Brackish – Saline Table
Aquifers

Any Aquifer
within the PCCD

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’

20.3

½ 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’

Dependent upondrawdown test
results, well
field design andproposed
operations

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

PLUM CREEK CONSERVATION DISTRICTRULES
D.
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 theDistrict shall be subject to ratable reductions and/or increases in production authorizations based
upon those modifications.
E.

The Board may allow deviation from the limits for production rates, annual production
limits or spacing requirements for individual Tier I, Tier II wells upon application basedon data developed by measurements in and data produced from test wells, production
wells and observation wells demonstrating production capacity and impacts for the wellor wells on land within the area of consideration of the proposed well or wells. Well Field
Project permits may have special production rates, annual production limits, and spacing
requirements established in the Permits for such items rather than those specified in theseRules that would apply to individually permitted wells

F.

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

G.

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 applicant willfully produces awell at a higher rate than authorized in a Permit, such action may be enjoined by the
Board.

H.

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.

I.

No commingling of aquifers shall occur for any completion.
J. Water availability testing is required for Tier II well permitting and for Well Field
Project applications.
K. Applications for Tier II and Well Field Projects may be required to test multiple wells.

L.

Permit limits are dependent upon formal well testing for Tier II well permits and for
Well Field Project permits.

L.

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

M.

Two types of permits shall be issued for requests 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 Rule 19 herein. The test
20.4

PLUM CREEK CONSERVATION DISTRICT
RULES
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.

Production Permits shall 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.

N.

DFCs: Once the DFCs have been set, any application for a Permit that would cause
water to be produced in excess of DFC limits will be considered and may be granted by
the Board for limited duration and may contain special conditions addressing DFC
impacts of the Permit.

O.

Applications for a Tier II or Well Field Permit that are requesting over 2000 acre feet ofwater per year, must include the results of the test well. Incomplete or Inadequate test
well results will result in the District not being able to declare an application
administratively complete.

20.5

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 21 - Rate of DeclineA.

The District may restrict production from any permitted or exempt well(s) or of permitted
or exempt wells or a Well Field Project within the District that depletes the groundwaterat a rate greater than an amount determined by the Board based upon credible scientificinformation to be an allowable decline in any given aquifer(s) subject to the District’s
jurisdiction.

B.

The Board shall determine if there has been a decline in groundwater levels based on
information gathered by the District, the Texas Water Development Board, the TCEQ,
the Railroad Commission, other state or local agencies or political subdivisions, and by
groundwater levels in the District gathered by District personnel and authorized
representatives.

C.

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 anarea(s) in the vicinity of individually permitted wells in a Well Field Project exceeded theallowable decline amount for the District, the Board may delineate as a proposed studyarea(s) any portion of the District that the Board deems in danger of overproduction.

D.

If the Board determines that based upon the available credible scientific evidence anarea(s) has an unacceptable rate of decline, it shall notify well owners and permit holdersof record in the affected area(s) in writing.

E.

The Board shall hold a public hearing to receive comment concerning the intent of theBoard to limit production in the affected area(s). After the public hearing the Board shalltake action within thirty (30) days, if necessary, to either modify existing permits or toinitiate adoption of Rules limiting production in the designated area or areas on atemporary or permanent basis.

F.

Nothing in this Rule shall impede the Board’s ability to review permits and makerequired changes in accord with Rule 15 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 15.

G.

The Board shall continue to collect and review credible scientific data, and related
information, or more, each succeeding year after the Board has delineated such area(s),and shall take one of the following actions with respect to any Rules adopted under Rule
20 E:
1.

Proposed to continue to monitor the area(s);2.

Determine that any production limitation should be ended or adjusted;

21.1

PLUM CREEK CONSERVATION DISTRICT
RULES
3.

Determine that the area(s) should not be under Rules and that any ongoing
monitoring shall be terminated;

4.

Propose an expansion of the area(s) under Rules to include an additional area or
areas adjacent to the original area(s), in which case the Board is required to follow
the provisions of Section E;

5.

Amend the Rules to incorporate the new data; and6.

Take other action determined to be appropriate by the Board.

21.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 22 - Reworking or Replacing a WellA.

No person shall rework, redrill, or re-equip an individual well in such a manner thatwould increase the rate or volume of production from such well above the amount thenauthorized by permit or so as to raise its pumping capacity to more than 25,000 gpd if it
is an exempt domestic well without first having made an application to the District, andhaving been granted a permit, or a permit amendment by the Board to do so when thewell is not exempt. Wells associated with Well Field Project permits must be maintainedin accordance with the current approved development plan for the Project.

B.

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

C.

D.

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 requirements, as those in
use when the permit was originally issued to the extent such requirements are still
authorized under State law and well operations have not compromised or
adversely impacted any other registered exempt well or permitted well or any
non-exempt agricultural use well permit with the District under Rule 5 of theseRules.

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 application for
permitting must be made and if a permit for the well is required, 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; or3.

Turned into a Monitoring Well.

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.

22.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 23 - 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 underground water 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.

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.

23.1

PLUM CREEK CONSERVATION DISTRICT
RULES
C.

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

23.2

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 24 - 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 Rule28.

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 ultimate 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 and the District on amethodology of apportioning volumes of water produced within the District to retailservice inside the District and outside the District on an annual basis.

24.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 25 - Recharge Wells and Facilities,
Including Aquifer Storage and Recovery Wells and Projects
A.

Applications shall be made to, and permits must be obtained from a Texas State agency
or, in the absence of such approval, the District before installing and/or operating a
recharge well, Well Field Project, or facilities for such uses within the District, including
an aquifer storage and recovery well or project within the District injecting water into or
removing stored water from an aquifer regulated by the District in the location of the
ASR project. All such applications shall be on forms provided by the District and containthe information prescribed by these Rules for well permits and recharge wells.

B.

Aquifer Storage and Recovery Wells and Projects are subject to reporting requirements inRule 18.

25.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 26 - 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 Chapter 36,
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.

26.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 27 – 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 other than for Non-exempt Agricultural Use Wells , Test Holes and Test
Wells
1.

At the time that an application has been determined to be Administratively
Complete, the District shall mail notice of that fact to the Applicant. The noticethat the Application has been determined to be Administratively Complete shall
include the date of initial Board consideration of 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, notice shall be mailed
by first-class mail, postage prepaid, to the applicant and to those landowners listed
as located in the “Area of Consideration” as determined by the District;3.

Not less than fifteen (15) days in advance of the date set for Board’s initialconsideration of an application for issuance of a permit for any well or Well Field
Project other than for a permit under the provisions 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 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 Tier II wells and for Well Field Project applications, published in atleast two local newspapers that are published in the County or Counties
where the well or Well Field Project is to be located;(f)

If all the land where the well covered by the Permit is to be located, under
is not within one-half mile of the current limits of any incorporated
27.1

PLUM CREEK CONSERVATION DISTRICT
RULES
municipality, then notice is to be mailed to owners of property adjacent to
the property covered by an application for an individual well permit or forlands adjacent to those included in the injection or production area of Well
Field Project lands not owned, leased or under the control of the Applicant
as shown on the application.
(g)

If the well is located within one-half (1/2) mile of the boundaries of amunicipality or within , in lieu of _mailing notice shall be posted at thecity hall of the municipality or at a location designated by suchmunicipality for posting such notices.

[Or
Mailed to adjacent landowners]

4.

5.

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 proposed purpose or purposes for which the groundwaterproduction is to be used, the location of the proposed use and, whenappropriate, 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.

The published notice required in Rule 27.B.3(e) may be in the legal notices
section.

27.2

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

When granting or denying any permit application the Board shall consider the items
listed in Rules 14, Rule 20, and whether appropriate notice has been issued as required byRule 27.

B.

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

For recharge wells and facilities for wells or Well Field Projects permitted by the District,including Aquifer storage and recovery wells and Projects, the Board shall consider thefollowing:
1.

The items listed in rule 14.B;

2.

Whether operations of the recharge well or facility will result in waste;

3.

Whether operations of the recharge well or facility will result in pollution;

4.

Whether operations of the recharge well or facility will result in significant
subsidence; and5.

Whether the recharge well or facility will endanger the structuralcharacteristics of the formation.

28.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 29 – Permit Conditions
A.

B.

For all permits the Board shall list the:1.

Name and 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 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 Board may provide: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;

6.

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

29.1

PLUM CREEK CONSERVATION DISTRICT
RULES

C.

7.

The location of the use of the water from the Transportation Facility to the extent
known at the time of permit issuance;8.

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

9.

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

10.

Any conservation oriented methods of constructing and operating thetransportation facility;

11.

A drought contingency plan approved by the District;

12.

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

13.

The period for which the water may be transferred;

14.

All Transportation Facilities shall be equipped with flow monitoring devices
approved by the District and shall be available at all reasonable times forinspection by District personnel. The operator of a Transportation Facility shall be
required to keep records and make quarterly reports to the District as to theoperation of the transportation facility, including the volume of water transported
during the preceding quarter;

15.

All Transportation Facilities shall reimburse the District for expenses incurred foradministration in connection with this facility as outlined in Chapter 36, Texas
Water Code; and16.

This Rule does not apply to groundwater produced from wells located outside of
the District.

For recharge wells and facility permits, including Aquifer storage, in addition to items
listed in Rule 29.A, the Board may require:1.

The operator of a recharge well or facility shall be required to keep records andmake reports to the District as to the operation of the recharge well or facility.
Reports to the District shall be made on a quarterly basis, beginning at the time apermit is issued to operate. Such reports shall include, but are not limited to, theinformation in Rule 18 of these Rules.

2.

Additional information as may be specifically required by a permit to operate arecharge well or facility.

3.

The owner of a recharge well or facility shall assume, and shall be charged with,strict liability for the prevention of pollution and waste from such well or facility,

29.2

PLUM CREEK CONSERVATION DISTRICT
RULES
as well as, damage to the recharged formation by reason of the operations of said
well or facility.

29.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 30 – Test Hole, Test Well Applications and Agricultural
Use Well Determinations:A.

A test hole or test well determination and an application for a non-exempt agricultural use
well permit are not contested cases.

B.

Any test well or test hole authority granted is for limited duration and carries with it norights to produce groundwater in quantities more than needed to conduct the test inaccordance with the terms contained in the authority granted pursuant to the application.

C.

Should an applicant disagree with the decisions of the Executive Manager contained in
the authority to drill a test hole or drill and complete a test well, or for a non-exempt
agricultural use well, the applicant may request a review of the executive manager’s
determinations contained in the authority by submitting a written request to the Executive
Manager within ten (10) days following the date of the letter or other authority granting
permission to install a test hole, a test well or a non-exempt agricultural use well. Any
letter submitted to the Executive Manager under this provision must identify the test holeor test well or non-exempt agricultural use well that is the subject of the request byreference to a date or description such as an application number, and also state withspecificity the particular provisions in the authority issued to which the applicant objects
and give a reason for the objection.

D.

If an objection and request for Board review to the Executive Manager’s decision to issueauthority for a test hole, test well or non-exempt agricultural use well is received, theExecutive Manager shall schedule the applicant’s objection for consideration by the
Board of the District 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 authority, reject the protest by the Applicant, or modify the Executive
Manager’s determination.

F.

Should the Applicant still desire to contest the final determination granting authority for atest hole or test well or registration, additional protests shall be in accord with theprovisions in Rule 31 governing appeals of Board decisions.

G.

Failure of an applicant to file a protest within the 10 day period allowed after the date of
the authority granted for a test hole or test well or non-exempt agricultural use wellestablishes that the applicant accepts the terms and conditions expressed in the Executive
Manager’s determination and grant of authority.

30.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 31 - Contested Applications
A.

Every application submitted to the District for any type of well submitted pursuant tothese Rules and to Chapter 36 of the Texas Water Code other than for a test hole, a test
well or a non-exempt agricultural use well permit is considered to be a contested
application by the Board.

B.

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 designated 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.

C.

At the time of the Board meeting on which the initial application is heard, those having
an interest in the application who wish to address the Board on the application being
considered shall submit a form conveying information about the person’s name, mailingaddress, telephone number, and, if available, e-mail address or fax number; and theperson or group who the person registering represents if the person registering is notappearing in their individual capacities.

D.

The applicant and the staff of the District are always parties to contested hearings.

E.

If an application for a permit for a Tier I or non-exempt agricultural use well receives nocomment from any person within twenty days following issuance of notice about theapplication, the permit for such well may be issued by the Executive Manager or may bebrought before the Board for consideration.

F.

If no person registers as protesting the issuance of the application, the Board may proceed
to informally conduct a hearing on the application at the time of the Board’s meeting andinitial consideration of the application. If no formal protests are received, or no
registration forms are assigned indicating an individual is opposed to the issuance of thepermit 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.

G.

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.

H.

Should the Board determine that the hearing should be conducted by an individual towhom the Board designates responsibility for conducting the hearing or to SOAH, theindividual selected or the SOAH Administrative Law Judge is the presiding officer at thehearing.

31.1

PLUM CREEK CONSERVATION DISTRICT
RULES
I.

All hearings shall be conducted in accord with the provisions of Section 36.406 of the
Texas Water Code, specifically including referral of any contested case matters toalternative dispute resolution in accordance with Chapter 2009 of the Government Code.
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 a personal justiciableinterest related to a legal right, duty, privilege, power or economic interest that is within
the District’s regulatory authority and affected by the action of the District in response to
the permit or permit amendment application, with such interest being one that is not incommon with members of the general public.

J.

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.

K.

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, when the hearing is initiated the Board shall make a determination aboutproceeding on the consolidated applications or the order in which the applications andBoard actions will be made.

L.

If the District contracts with SOAH, the hearing on the applications on the hearings
referred to SOAH shall be conducted as provided by subchapters C, D and F of Chapter
2001 of the Gov’t Code.

M.

For hearings conducted by the Board or by an individual designated by the Board, thePresiding Officer of the hearing shall:
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 rely in the conduct of serious affairs.
Evidence may be stipulated by agreement of all parties admitted to the hearing;

31.2

PLUM CREEK CONSERVATION DISTRICT
RULES
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.

N.

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.

O.

Requests for rehearing or requests for findings of facts and conclusions of law can 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.

P.

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 the Board renders a written decision after a rehearing.

Q.

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

31.3

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 32 - Changed ConditionsA.

The Board has continuing jurisdiction and authority to act on any matter related to any
permit, registration or other action within the jurisdiction of the Board authorized by law.
Upon motion of any person alleging changed conditions, or upon the discovery of new ordifferent conditions or facts after a decision on an application then, on therecommendation of the Board’s Executive Manager, or on its own Motion the Board mayschedule a hearing at a regular Board meeting in response to such a Request. Notice ofany such hearing shall be given as provided by Rule 27 for new applications. At the timeas the Board considers the request the Board may deny it or, if it grants the request inwhole or in part, initiate a hearing on such request. Any such hearing is a contested caseand the hearing will be conducted pursuant to these Rules governing hearings oncontested cases.

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.

32.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 33 - 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 protest or complaint, may at any time,after due notice to all interested parties, cite any person(s) operating within theDistrict to appear before it and require him to show cause why his operating
authority or permit should not be suspended, canceled, revoked or otherwise
restricted and or limited, for failure to comply with the Rules or Orders of theBoard, or any relevant rule (s), regulation(s) or statute(s) of any local, state orfederal governmental body of competent jurisdiction. The matter of evidence andall other procedural matters at any such hearing will be conducted in accordancewith these Rules of procedure and practice;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.

33.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 34 - 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 its 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.

34.1

PLUM CREEK CONSERVATION DISTRICT
RULES
Rule 35 - 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 June 19, 2012, at the District’s Offices in Lockhart,
Caldwell County, Texas, to become effective on August 1, 2012. Penalties for violations of theAmended Rules will become effective five (5) days following publication of the second of thetwo notices required by Sections 51.129 and 51.130 of the Texas Water Code.

35.1

PLUM CREEK CONSERVATION DISTRICTRULES

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

Attested by:_______________________________
Johnie Halliburton,
Executive Manager

36.1

PLUM CREEK CONSERVATION DISTRICTRULES

F:\P\Plum Creek CD\Groundwater\Rules\2011 Revision\10 2014 DRAFT PCCD Rules RCW
dft red.docx