Plum Creek Conservation District Mitigation Plan Rules
December 20, 2022
Purpose:The purpose of this mitigation plan is to provide for a means to allow a water well owneror water well user, who has been granted legal authority to use the well and who allegesthat his/her water well has been negatively impacted by the pumping of a neighboringwater well, the opportunity to apply for and seek mitigation.
General:Texas is a State that uses the principle of the “Rule of Capture” of groundwater as ameans of allowing groundwater pumping and use. In Texas, groundwater is owned by aperson who has ownership to the surface of land under which water might be accessed or
one who has leased the right to produce groundwater from underneath a particular surface
area. There can also be separate ownership of the right to produce groundwater from asurface tract, just as there can be separate ownership of minerals under a particularsurface tract of land. There are also groundwater districts that have the obligation to haverules about accessing and producing water. However, a District may not require that arule adopted by a district allocate to each landowner a proportionate share of available
groundwater for production from the aquifer based on the number of acres owned by thelandowner.
Water in the subsurface does not stay in one place but moves from place to place within
underground formations without regard to political or surface ownership boundaries. The
general legal rules for a surface owner to produce groundwater are not related to the sizeof the surface area or leased area but that the water produced must be used for abeneficial purpose, produced without a deliberate intent to harm another, and produced ina quantity that does not cause subsidence through negligence.
Texas State Law gives many the right to produce groundwater without obtaining a permit
from a groundwater district. Two examples are water produced in limited quantities toprovide water for domestic and livestock purposes for a residence or water produced byan oil and gas operator for exploration or development of oil and gas and some othermineral resources. The result of the way Texas law is structured is the there is noguarantee that someone with a well producing groundwater will continue to have a usable
quantity of water in the geologic formations under a particular tract of land
notwithstanding the ownership of water under a particular property. To use one example,
if there are multiple small tract surface owners of land, each with a well that is used fordomestic and livestock purposes, there is no guarantee that the quantity of water undereach separate tract will always be available to a tract because many neighbors pumping
from the same source can deplete the supply in a particular zone so not all users of waterin that zone will be able to have access to groundwater.

1This understanding of Texas law is necessary for all because of its impacts on the limitsof groundwater districts to protect each well owner from addressing all conditions thatmight result in water availability problems in any existing well. These Mitigation Rulesof Plum Creek Conservation District are structured and drafted to address situations thatthe District has power to control through its rulemaking.
Definitions:
Area of Inquiry: An area delineated by the District for the purpose ofinvestigating whether conditions associated with the “Well under Inquiry” arebeing impacted by other wells in the area. It is not a determination of actual
impacts of production from a well(s).
Board: Means the governing body of the District as prescribed by the District’s
enabling legislation.
Mitigation Assessment Report: An assessment performed by the District that
includes a description of the allegations, a map showing registered, unregistered,and permitted well locations, a listing of landowners within the “Area of Inquiry,”water use and production rate records for registered, unregistered, and permitted
wells located in the “Area of Inquiry,” a description of the hydrogeology, a listingof records and evidence, an analysis of the relationship between the “Well UnderConsideration,” the “Well Under Investigation” and any other registered,unregistered, or permitted well in the “Area of Inquiry, ” and recommended
options for mitigation, if any, dependent upon available data.
Registered Well: Means an exempt well that has been registered with theDistrict.
Permitted Well: Means a non-exempt well that has been issued a permit or otherauthorization by the District.
Well Under Inquiry: Means the registered or permitted well that is being
assessed for mitigation consideration.
Well(s) Under Investigation: Means a well or wells being assessed for adversely
impacting a registered or permitted well.
The Plum Creek Conservation District Mitigation Plan involves a process of eight phases
which are: (1) Pre-Qualification, (2) Well Examination, (3) Data Compilation, (4)Mitigation Meeting, (5) Board Report, (6) Rehearing Request, (7) Final Board Ruling,and (8) Compliance.
Pre-Qualification:
A well that is being considered for mitigation must be (1) registered or permitted, (2)located within the boundaries of PCCD, and (3) located in an “Area of Inquiry.” If the2well meets these qualifications, then the mitigation process will proceed to the next
phase, Well Examination; otherwise, mitigation is discontinued.
Well Examination:
1. The “Well Under Inquiry” will be inspected for performance and structural
integrity by a licensed well driller and/or pump installer using a standard checklist
form developed by PCCD. The inspection will include a downhole camera/video
investigation if feasible. The cost of the inspection will be paid by the District
only if the well has been determined to be structurally sound; however, if the well
has structural issues, then the well owner will be responsible for the costs.
2. If the well has not been drilled, equipped, and/or completed according to PCCD
rules and Texas Administrative Code 16, Chapter 76, mitigation may bediscontinued.
3. A water level reading will be taken and recorded.
4.

Total dissolved solids (TDS) and/or other water quality contaminants will betested for and recorded.

5. A geophysical log will be run if additional information is required. The cost of thegeophysical log will be determined by the PCCD Board.
6. The mitigation process will proceed to the next phase, Data Compilation, if thewell has been determined to be structurally sound; otherwise, mitigation isdiscontinued.
Notification Letter:
A letter will be sent to the “Well Under Investigation” landowner notifying them that (1)their well is being investigated for mitigation, (2) the mitigation process that will beinvolved, (3) the location of the “Well under Inquiry,” and (4) other general information
as needed.
Data Compilation:
1. The District will gather information from its records that are pertinent formitigation purposes.
2. Additional information will also be acquired from other sources if available.
3. The landowner of the “Well Under Investigation” will be required to submit
information about their well on a form supplied by the District.
4. The landowners in the “Area of Inquiry” will be requested to submit information
about their well on a form supplied by the District.

35. All the information gathered will be documented in a Mitigation Assessment
Report and sent to the owner of the “Well under Inquiry,” the” Well Under
Investigation,” and registered and permitted wells within the “Area of Inquiry.”
Mitigation Meeting:
1. Following a 90-day period, a meeting will be scheduled between the “Well Under
Investigation” landowner, the “Well Under Inquiry” landowner and PCCD staff.
2. A summary of the Mitigation Assessment Report will be given by the District.
3. The District will moderate among the parties in order to facilitate a possible
mitigation solution.
4. Minutes of the meeting will be taken and distributed to all parties.
5. Additional meetings will be scheduled and held if necessary.
6. Following the mitigation meeting(s), a meeting will be scheduled at a PCCD
Board of Directors’ meeting.
Board Report:
1. A summary of the Mitigation Assessment Report will be given by the District.
2. Minutes of the meeting will be distributed to Board members and a report will begiven to PCCD Board of Directors as to the outcome of the mitigation meeting.
3. If the parties have not come to an agreement, the Board may elect to either (1)direct the parties to continue trying to resolve any remaining issues and reconvene
at a future Board meeting, (2) revise the permit or impose pumping restrictions
on any well permitted by the District that is found to be contributing to conditions
requiring mitigation, (3) impose civil penalties if there have been rule infractions
or violations of State law, (4) declare that mitigation is not necessary at this time,(5) require additional testing be done and reconvene at a future Board meeting or(6) consider other remedies for mitigation including some combination of otherremedies listed. If there is mediation under the auspices of the District, costs ofsuch mediation shall be apportioned at the meditation, with no costs attributed tothe District.
4. If the parties have reached a verbal agreement, then the Board may choose to (1)approve the terms in which the parties have agreed upon and draft a legal
agreement to be signed, (2) include additional terms, or (3) direct the parties toreconsider the agreement.
5. If the Board has made a ruling or an agreement has been approved by the Board
then mitigation moves to the Compliance phase.
4Rehearing:
Should one or more of the parties disagree with the decision of the Board, they may
request a re-hearing by submitting a written request within twenty (20) days following
the date of the Board’s decision only if there is new valid information that was notincluded in the assessment report, mitigation meeting minutes or brought forth in theBoard meeting.
Final Ruling:
Following no more than a 60-day period from the mitigation re-hearing, the Board will
make a determination that may (1) direct the parties to continue trying to resolve any
remaining issues and reconvene at a future Board meeting, (2) revise the permit or
impose pumping restrictions on any well permitted by the District that is found to becontributing to conditions requiring mitigation, (3) impose civil penalties if there havebeen rule infractions or violations of State law, (4) declare that mitigation is notnecessary at this time, (5) require additional testing be done, and reconvene at a future
Board meeting, or (6) consider other remedies for mitigation including some combinationof other remedies listed. If there is mediation under the auspices of the District, costs ofsuch mediation shall be apportioned at the meditation, with no costs attributed to theDistrict.
Compliance:The District will ensure that all parties are in compliance with the terms, conditions, andrequirements of a mitigation agreement or Board ruling.
The District will submit a report documenting the completion or progress of themitigation agreement or Board ruling.

5