Plum Creek Conservation District Mitigation Plan Rules

Purpose:The purpose of this mitigation plan is to provide for a means to allow a water wellowner or water well user who has been granted legal authority to use the well, and who
alleges that his/her , water well has been negatively impacted by the pumping of aneighboring water well, the opportunity to apply for and seek mitigation.

Definitions:

Area of Inquiry: means the circumference or arc of property from the “WellUnder Consideration” where calculations made by the District using standard
methods show that continuous production at maximum production rates fora seven day period from a Tier II permitted well, or Tier I permitted wellsubject to mitigation that is located anywhere along the circumference’s
boundary could result in a 5 foot draw down at the “Well underConsideration”. The “Area of Inquiry” determination is to be used for notice
purposes and to delineate the tracts of land to be included in the mitigationassessment report. It is not a determination of actual impacts of production
from the well.
Board: means the governing body of the District as prescribed by theDistrict’s enabling legislation.
Mitigation Assessment Report: An assessment performed by the District
that includes a description of the allegations, a map showing registered andpermitted well locations, a listing of landowners within the “Area of Inquiry ”,
water use and production rate records for registered 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 “WellUnder Consideration”, the “Well Under Investigation” and any otherregistered 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 orother authorization by the District.
Well under Consideration: means the registered or permitted well that isbeing assessed for mitigation consideration.
Well under Investigation: means a well being assessed for adverselyimpacting a registered or permitted well.

The Plum Creek Conservation District mitigation plan involves a process of eight(8)phases which are (1) Well Examination, (2), Pre-Qualification (3) Data Compilation,(4)Mitigation Meeting, (5) Board Report, (6)Rehearing Request, (7)Final Board Ruling,and (8)Compliance.

Well Examination:
1. The “Well Under Consideration” 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 cost of the inspection will be paid by theDistrict only if the well has been determined to be structurally sound; however, ifthe well has structural issues, then the well owner will be responsible for thecosts.
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 be discontinued.
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. The Mitigation process will proceed to the next phase, Pre-Qualification, if thewell has been determined to be structurally sound; otherwise, mitigation isdiscontinued.

Pre-Qualification:
1. A well that is being considered for mitigation must be registered or permitted,and located in an “Area of Inquiry ” and within the boundaries of PCCD. If thewell meets these qualifications, then the mitigation process will proceed to thenext phase, Data Compilation; otherwise, mitigation is discontinued.
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.
5. All of the information gathered will be documented in a mitigation assessment
report and sent to the owner of the “Well under Consideration”, 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 Consideration” landowner and PCCDstaff.
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 Boardof 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
be given to PCCD Board of Directors as to the outcome of the mitigation
meeting.
1. 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 andreconvene 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 beenrule infractions or violations of State law 4) declare that mitigation is notnecessary at this time, 5)require additional testing be done, and reconvene at afuture Board meeting or 4) consider other remedies for mitigation including
some combination of other remedies listed. If there is mediation under theauspices of the District, costs of such mediation shall be apportioned at themeditation, with no costs attributed to the District.
3. 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.
4. If the Board has made a ruling or an agreement has been approved by the Board
then mitigation moves to the Compliance phase.

Rehearing:
1. 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 not included in the assessment report, mitigation meeting
minutes or brought forth in the Board meeting.

Final Ruling:
2. Following no more than a 60 day period from the mitigation re- hearing, theBoard 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 theDistrict that is found to be contributing to conditions requiring mitigation 3)

impose civil penalties if there have been rule infractions or violations of Statelaw 4) declare that mitigation is not necessary at this time, 5)require additional
testing be done, and reconvene at a future Board meeting or 4) consider otherremedies for mitigation including some combination of other remedies listed. If
there is mediation under the auspices of the District, costs of such mediation
shall be apportioned at the meditation, with no costs attributed to the District.

Compliance:
The District will ensure that all parties are in compliance with the terms, conditions, andrequirements of a mitigation agreement or Board ruling.
1) The District will submit a report documenting the completion or progress of themitigation agreement or Board ruling.