2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1901 - Water Well Drillers › Subchapter A. General Provisions › Section 1901.001. Definitions

Sec. 1901.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(1);  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.401(a).
(3)  "Council" means the Texas Water Well Drillers Advisory Council.
(4)  "Department" means the Texas Department of Licensing and Regulation.
(5)  "Dewatering well" means an artificial excavation that is constructed to produce groundwater to lower the water table or potentiometric surface and that is not used to produce or to facilitate the production of minerals under a state regulatory program.
(6)  "Dewatering well driller" means a person who drills, bores, cores, or constructs a dewatering well.  The term includes the owner or operator of a well or the contractor or drilling supervisor.  The term does not include a person who acts under the direct supervision of a dewatering well driller and is not primarily responsible for the drilling operation.
(7)  "Driller" means a water well driller, injection well driller, dewatering well driller, or monitoring well driller.
(7-a)  "Executive director" means the executive director of the department.
(7-b)  "Groundwater conservation district" means a district to which Chapter 36, Water Code, applies.
(8)  "Injection well" includes:
(A)  an air-conditioning return flow well used to return water that has been used for heating or cooling in a heat pump to the aquifer that supplied the water;
(B)  a cooling water return flow well used to inject water that has been used for cooling;
(C)  a drainage well used to drain surface fluid into a subsurface formation;
(D)  a recharge well used to replenish water in an aquifer;
(E)  a saltwater intrusion barrier well used to inject water into a freshwater aquifer to prevent the intrusion of salt water into fresh water;
(F)  a sand backfill well used to inject a mixture of water and sand, mill tailings, or other solids into subsurface mines;
(G)  a subsidence control well used to inject fluids into a non-oil-producing or non-gas-producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water;  and
(H)  a closed system geothermal well used to circulate water, other fluids, or gases through the earth as a heat source or heat sink.
(9)  "Injection well driller" means a person who drills, bores, cores, or constructs an injection well.  The term includes the owner or operator of a well or the contractor or drilling supervisor.  The term does not include a person who acts under the direct supervision of an injection well driller and is not primarily responsible for the drilling operation.
(10)  "Monitoring well" means an artificial excavation that is constructed to measure or monitor the quantity or movement of substances below the surface of the ground and that is not used in conjunction with the production of oil, gas, or other minerals.
(11)  "Monitoring well driller" means a person who drills, bores, cores, or constructs a monitoring well.  The term includes the owner or operator of a well or the contractor or drilling supervisor.
(12)  "Person" means an individual, firm, partnership, association, corporation, or other private legal entity.
(13)  "Pollution" means a change to the physical, thermal, chemical, or biological quality of water in a way that:
(A)  makes the water harmful to humans, animals, vegetation, or property;  or
(B)  impairs the public enjoyment of the water for a reasonable purpose.
(14)  "Water well" means an artificial excavation constructed to explore for or produce groundwater.  The term does not include:
(A)  a test or blast hole in a quarry or mine or a well or excavation constructed to explore for or produce oil, gas, or other minerals unless the hole is also used to produce groundwater;  or
(B)  an injection water source well regulated under Section 91.101, Natural Resources Code.
(15)  "Water well driller" means a person who drills, bores, cores, or constructs a water well in this state.  The term includes the owner or operator of a well or the contractor or drilling supervisor.  The term does not include a person who:
(A)  drills, bores, cores, or constructs a water well on the person's own property for the person's own use;  or
(B)  assists in constructing a water well under the direct supervision of a driller and is not primarily responsible for the drilling operation.
(16)  "Well" means a water well, injection well, dewatering well, or monitoring well.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.001, 19.017(1), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.401, eff. Sept. 1, 2003.