Water Code
CHAPTER 32. WATER WELL DRILLERS
Sec. 32.001. Definitions.
In this chapter:
(1) "Council" means the Texas water well drillers advisory
council.
(2) "Department" means the Texas Department of Licensing and
Regulation.
(3) "Deteriorated well" means a well that, because of its
condition, will cause, or is likely to cause, pollution of any
water in this state, including groundwater.
(4) "Dewatering well" means an artificial excavation
constructed to produce groundwater to lower the water table or
potentiometric surface. The term does not include a dewatering
well that is used to produce or to facilitate the production of
minerals under a state regulatory program.
(5) "Dewatering well driller" means a person, including an
owner, an operator, a contractor, or a drilling supervisor, who
drills, bores, cores, or constructs a dewatering well. The
term does not include a person who drills, bores, cores, or
constructs a dewatering well under the direct supervision of a
licensed dewatering well driller and who is not primarily
responsible for the drilling operation.
(6) "Driller" means a water well driller, injection well
driller, dewatering well driller, or monitoring well driller.
(7) "Executive director" means the executive director of the
department.
(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, including an
owner, an operator, a contractor, or a drilling supervisor, who
drills, bores, cores, or constructs an injection well. The
term does not include a person who drills, bores, cores, or
constructs an injection well under the direct supervision of a
licensed injection well driller and who is not primarily
responsible for the drilling operation.
(10) "Licensed driller" means a person who holds a license
issued by the state under this chapter.
(11) "Monitoring well" means an artificial excavation
constructed to measure or monitor the quantity or movement of
substances below the surface of the ground. The term does not
include any monitoring well used in conjunction with the
production of oil, gas, or other minerals.
(12) "Monitoring well driller" means a person, including an
owner, an operator, a contractor, or a drilling supervisor, who
drills, bores, cores, or constructs a monitoring well.
(13) "Person" means an individual, firm, partnership,
association, corporation, or any other private legal entity.
(14) "Pollution" means a change to the physical, thermal,
chemical, or biological quality of water in a way that makes
the water harmful to humans, animals, vegetation, or property
or that impairs the public enjoyment of the water for a
reasonable purpose.
(15) "Water well" means any artificial excavation
constructed for the purpose of exploring for or producing
groundwater. The term does not include:
(A) a test or blast hole in quarries or mines or a well
or excavation constructed to explore for or produce oil,
gas, or other minerals unless the holes are also used to
produce groundwater; or
(B) an injection water source well regulated under
Section 91.101, Natural Resources Code.
(16) "Water well driller" means a person, including an
owner, an operator, a contractor, or a drilling supervisor, who
drills, bores, cores, or constructs a water well in this state.
The term does not include a person who drills, bores, cores, or
constructs a water well on his own property for his own use or
a person who assists in the construction of a water well under
the direct supervision of a licensed driller and is not
primarily responsible for the drilling operations.
(17) "Well" means a water well, injection well, dewatering
well, or monitoring well.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 1,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 1, eff.
Sept. 1, 1997.
Sec. 32.002. License Required.
(a) A person may not act as or offer to perform services as a
driller unless the person holds a license issued by the
department under this chapter and under rules adopted under this
chapter.
(b) An application for a license must contain:
(1) the applicant's name;
(2) the applicant's business address;
(3) the applicant's permanent mailing address; and
(4) any other relevant information required by the
department.
(c) At the time of application, each applicant shall pay to the
department a nonrefundable examination fee.
(d) A person qualifying for a license shall pay to the
department the license fee set by the department.
(e) Except as provided by Section 32.003, a license issued
under this chapter expires August 31 of each year. On or before
that day, each licensee shall pay an annual fee to the department
to renew the license. The department shall notify each licensee
in writing of the licensee's impending license expiration not
later than August 1 of each year. If a person's license has been
expired for 90 days or less, the person may renew the license by
paying to the department the required renewal fee and a late fee
equal to one-half of the examination fee for the license. If a
person's license has been expired for more than 90 days but less
than two years, the person may renew the license by paying to the
department all unpaid renewal fees and a late fee that is equal
to the examination fee for the license. If a person's license
has been expired for two years or more, the person may not renew
the license. The person may obtain a new license by submitting
to reexamination and complying with the requirements and
procedures for obtaining an original license.
(f) The department shall maintain a current register of
licensees.
(g) A license is not transferable or assignable.
(h) The department shall issue a duplicate license to replace a
lost or destroyed license on proper application and payment of a
fee.
(i) The department by rule shall set the fees imposed by this
chapter in amounts that are reasonable and necessary to cover the
costs of administering this chapter.
(j) An applicant must have been a resident of this state at
least 90 days before applying for a license under this chapter.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 2,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 2, eff.
Sept. 1, 1997.
Sec. 32.003. Staggered Renewal of Licenses.
The department by rule may adopt a system under which licenses
expire on various dates during the year. For the year in which
the license expiration date is changed, license renewal fees
payable on August 31 shall be prorated. On renewal of the
license on the new expiration date, the total license renewal fee
is payable.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 3,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 3, eff.
Sept. 1, 1997.
Sec. 32.004. Persons Licensed in Other States.
The department may adopt rules allowing waiver of a license
requirement for an applicant with a valid license from another
state having license requirements substantially equivalent to
those of this state.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 3,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 3, eff.
Sept. 1, 1997.
Sec. 32.005. Reporting of Well Logs.
(a) Every licensed driller drilling, deepening, or otherwise
altering a water well in this state shall make and keep a legible
and accurate well log in accordance with department rule on forms
prescribed by the department. Not later than the 60th day after
the completion or cessation of drilling, deepening, or otherwise
altering the well, the licensed driller shall deliver or transmit
by certified mail a copy of the well log to the department, the
Texas Natural Resource Conservation Commission, and the owner of
the well or the person for whom the well was drilled.
(b) The well log shall be recorded at the time of drilling and
must show the depth, thickness, and character of the strata
penetrated, the location of water-bearing strata, the depth,
size, and character of casing installed, and any other
information required by department rule.
(c) The department shall hold the contents of the well log
confidential and not a matter of public record if it receives, by
certified mail, a written request to do so from the owner or the
person for whom the well was drilled.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1077, Sec.
3, eff. Sept. 1, 1997.
Sec. 32.006. Water Well Drillers Advisory Council.
(a) The Texas water well drillers advisory council is composed
of nine members appointed by the department. Appointments to the
council shall be made without regard to the race, creed, sex,
religion, or national origin of the appointees.
(b) Six members of the council shall be licensed drillers who
are residents of this state, experienced in the well drilling
business, and conversant in well drilling and completion and
plugging methods and techniques. One driller shall be selected
from the state at large and one of each of the remaining five
drillers shall be selected from the following geographic areas of
the state:
(1) Gulf Coast area;
(2) Trans-Pecos area;
(3) Central Texas area;
(4) Northeast Texas area; and
(5) Panhandle-South Plains area.
(c) Only one driller member may be employed by or own an
interest in the same company, firm, or business association
engaged in any phase of the well drilling business.
(d) Three members must be representatives of the public. A
person is not eligible for appointment as a public member if the
person or the person's spouse:
(1) is licensed by an occupational regulatory agency in the
field of well drilling; or
(2) is employed by, participates in the management of, or
has, other than as a consumer, a financial interest in a
business entity or other organization related to the field of
well drilling.
(e) A council member or an employee of the department connected
with the administration of this chapter may not be an officer,
employee, or paid consultant of a trade association in the well
drilling industry and may not be related within the second degree
by affinity or consanguinity to a person who is an officer,
employee, or paid consultant of a trade association in the well
drilling industry.
(f) A person who, because of the person's activities on behalf
of a trade or professional association in the well drilling
industry, is required to register as a lobbyist under Chapter
305, Government Code, may not serve as a member of the council.
(g) It is a ground for removal from the council if a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (b), (c), or (d) of this
section for appointment to the council;
(2) does not maintain during service on the council the
qualifications required by Subsection (b), (c), or (d) of this
section for appointment to the council;
(3) violates a prohibition prescribed by Subsection (e) or
(f) of this section; or
(4) fails to attend at least one-half of the regularly
scheduled meetings held each year, excluding meetings held when
the person was not a council member.
(h) A member of the council serves a six-year term, with the
term expiring September 15.
(i) A member of the council is entitled to a per diem as set by
legislative appropriation for each day that the member engages in
the business of the council. A member may receive compensation
for travel expenses, including expenses for meals and lodging. A
member is entitled to compensation for transportation expenses as
prescribed by the General Appropriations Act.
(j) The council shall hold meetings at the call of the
chairman. Meetings shall be conducted in compliance with Chapter
551, Government Code.
(k) A majority of the council constitutes a quorum for
conducting business.
(l) The council shall elect a chairman by a majority vote at
the first meeting each year.
(m) The council shall:
(1) advise the department on the contents of the licensing
examination; and
(2) assist the department in the evaluation of continuing
education programs.
(n) The council may:
(1) recommend standards for continuing education programs,
including standards relating to the:
(A) qualifications of program providers and instructors;
and
(B) level of program fees;
(2) recommend topics to be covered in a continuing education
course;
(3) propose rules for adoption by the department relating to
the regulation of drillers registered under this chapter; and
(4) hear consumer complaints and make recommendations to the
department as to their disposition.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(82), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 857, Sec.
4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 4,
eff. Sept. 1, 1997.
Sec. 32.007. Examinations.
(a) The department, with the advice of the council, shall
prepare licensing examinations, pass on the qualifications of
license applicants, and issue licenses to those who qualify.
(b) The department shall design written examinations in a
manner that disqualifies a person lacking in the necessary
knowledge of drilling, of completion and plugging methods and
techniques, and of groundwater formations to the extent that the
performance by the person of services as a driller would create a
serious risk of polluting fresh water. The department may
prescribe additional requirements for the examination of
monitoring well drillers and may prescribe additional
requirements relating to water conservation for the examination
of dewatering well drillers. An applicant may elect to have the
examination given orally.
(c) The department shall offer examinations at least once a
year. The department shall offer the examinations more
frequently if more than 10 persons petition for an additional
examination.
(d) The department shall administer the examination so that a
person grading the examination does not know whose paper is being
graded.
(e) Not later than the 30th day after the date a licensing
examination is administered under this chapter, the department
shall notify each examinee of the results of the examination.
(f) The department shall maintain files of examination papers.
A person, at any time within six months of the date that the
person is notified of the results of an examination, is entitled
to inspect the person's examination paper during normal business
hours at the department's offices for the purpose of challenging
the propriety of the questions, the method of grading, and the
accuracy of grading. If requested in writing by a person who
fails the licensing examination, the department shall furnish the
person with an analysis of the person's performance on the
examination.
(g) A person who fails an examination may, on payment of the
examination fee, apply for a subsequent examination.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 5,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 5, eff.
Sept. 1, 1997.
Sec. 32.008. Continuing Education.
The department, with the participation of the council, may
recognize, prepare, or offer continuing education programs for
licensees. Participation in continuing education programs is
voluntary unless the council determines that the department
should require participation.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1077, Sec.
6, eff. Sept. 1, 1997.
Sec. 32.009. Rules and Regulations.
(a) The department, with advice and comment from the Texas
Natural Resource Conservation Commission, shall adopt rules as
necessary to enforce this chapter, including rules governing
applications for a license, qualifications of applicants,
standards of conduct for licensed drillers including marking of
well drilling rigs and equipment, and rules governing procedure
and practice before the department.
(b) The department may enforce by injunction or other
appropriate remedy in courts of competent jurisdiction any rule,
decisions, determinations, or orders adopted or entered by it
that do not conflict with a statute. The attorney general shall
represent the department on request.
(c) The department shall adopt rules in accordance with Chapter
2001, Government Code.
(d) Notwithstanding Subsection (a), the department may not
adopt rules under this chapter:
(1) regulating the installation or repair of well pumps and
equipment by a person who owns or is in control of property or
the person's employee or a person not hired or compensated
acting on the person's behalf on the property the person owns
or controls for the person's own use; or
(2) requiring a person who owns or is in control of property
or possesses a well to complete, repair, or retrofit the well
to any standard other than a standard in effect at the time the
well was originally completed unless the well is found to be a
threat to public health and safety or to water quality.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1993, 73rd Leg., ch. 678, Sec. 1,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 857, Sec. 6, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 6, eff. Sept.
1, 1997.
Sec. 32.010. Revocation of Licenses.
(a) The department may, after notice and hearing, revoke or
suspend a license, place on probation a person whose license has
been suspended, or reprimand a licensee for a violation of this
chapter or a rule adopted under this chapter.
(b) Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(a)(6),
eff. Sept. 1, 1997.
(c) The department, before revoking a license, placing a
licensee on probation, or reprimanding a licensee, shall notify
the licensee in writing of the alleged violation and provide the
licensee with an opportunity for a hearing. The notice shall be
given not later than the 10th day before the date set for the
hearing. The notice shall be made by registered mail to the last
known business address of the licensee. The licensee, each
person complaining against the licensee, and any other witness
whose testimony is relied on to substantiate the charges made may
be present at the hearing. The licensee may present relevant
oral or written evidence.
(d) Each decision and order in a disciplinary hearing rendered
by the department must be made in writing and must set forth
briefly the findings of fact and the department's conclusions.
Parties to the proceedings shall be notified of the decision or
order not later than the 30th day after the conclusion of the
hearing.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1072, Sec.
60(a)(6), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1077,
Sec. 7, eff. Sept. 1, 1997.
Sec. 32.011. Administrative Penalty.
(a) If a person fails to comply with a provision of this
chapter or a rule adopted by the department under this chapter,
the person may be assessed, in addition to other penalties, an
administrative penalty set by the department in an amount not to
exceed $2,500 for each violation.
(b) In determining the amount of the penalty, the department
shall consider the person's history of previous violations and
the seriousness of the failure to comply.
(c) Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(a)(6),
eff. Sept. 1, 1997.
(d) If a public hearing is held, the department shall make
findings of fact and issue a written decision as to the
occurrence of the violation and, when appropriate, an order that
a penalty be paid.
(e) If the person charged with a violation does not appear for
the hearing, the department may assess a penalty and issue an
order that the penalty be paid after the department has
determined that a violation occurred.
(f) Not later than the 30th day after the date on which an
order is issued, the department shall inform a person ordered to
pay a penalty under this section of the amount of the penalty.
(g) Not later than the 30th day after the date the order
becomes final under Subchapter F, Chapter 2001, Government Code,
the person charged with the penalty shall:
(1) pay the penalty in full;
(2) forward the amount to the department for placement in an
escrow account pending judicial review of the matter; or
(3) post with the department a supersedeas bond for the
amount of the penalty until judicial review is final.
(h) Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(a)(6),
eff. Sept. 1, 1997.
(i) If a court determines that a violation has not occurred or
that the amount of the penalty should be reduced or not assessed,
the department shall remit the appropriate amount to the person
with interest or execute release of the bond.
(j) An administrative penalty owed under this section may be
recovered in a civil action brought by the attorney general at
the request of the department.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(59), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072,
Sec. 60(a)(6), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1077, Sec. 8, eff. Sept. 1, 1997.
Sec. 32.012. Appeal of Department Action.
(a) A person affected by a ruling, order, decision, or other
act of the department may appeal by filing a petition in a
district court in Travis County.
(b) A petition must be filed not later than the 30th day after
the date of the department's action or, in the case of a ruling,
order, or decision, not later than the 30th day after its
effective date.
(c) Service of citation on the department shall be accomplished
not later than the 30th day after the date the petition was
filed. Citation may be served on the executive director.
(d) The plaintiff must pursue the action with reasonable
diligence.
(e) The substantial evidence rule applies in the judicial
review of any department action, ruling, order, or decision. An
administrative or executive action taken before the filing of the
suit continues in force and effect until the rights of the
parties are determined by the court.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1072, Sec.
60(a)(6), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1077,
Sec. 9, eff. Sept. 1, 1997.
Sec. 32.013. Complaints.
(a) The department shall prepare information of consumer
interest describing the procedures by which consumer complaints
under this chapter are filed with and resolved by it. The
department shall make the information available to the public and
appropriate state agencies.
(b) If a written complaint under this chapter is filed with the
department relating to a licensee, the department, at least
quarterly, shall notify the parties to the complaint of the
status of the complaint until final disposition unless the notice
would jeopardize an undercover investigation. The department
shall maintain a file about each complaint filed against a
licensee.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1077, Sec.
9, eff. Sept. 1, 1997.
Sec. 32.014. Disposition of Revenues.
(a) The financial transactions of the department in connection
with the administration of this chapter are subject to audit by
the state auditor in accordance with Chapter 321, Government
Code.
Text of subsec. (b) as amended by Acts 1997, 75th Leg., ch. 333,
Sec. 30
(b) All money collected by the commission under this chapter
shall be deposited to the credit of the commission occupational
licensing account and may be used only to administer this
chapter. The commission shall allocate not more than 20 percent
of the money collected under this chapter to cover administrative
costs of the commission.
Text of subsec. (b) as amended by Acts 1997, 75th Leg., ch. 1077,
Sec. 9
(b) All money collected by the department under this chapter
shall be deposited to the credit of the water well drillers fund
account in the general revenue fund and may be used only to
administer this chapter. The department shall allocate not more
than 20 percent of the money in the account to cover
administrative costs of the department.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 7,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 30, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1077, Sec. 9, eff. Sept.
1, 1997.
Sec. 32.015. Civil Penalty.
A person who fails to comply with this chapter or a rule
adopted by the department under this chapter is subject to a
civil penalty of not less than $200 or more than $1,000 for each
day of noncompliance or each act of noncompliance as determined
by the court. The department may also seek injunctive relief for
a violation of this chapter. The action may be brought by the
department in any court of competent jurisdiction in Travis
County or the county in which the offending activity occurred or
in which the person resides. At the request of the executive
director, the attorney general shall bring an action in the name
of the state for injunctive relief, to recover the civil penalty,
or for both the injunctive relief and civil penalty, as
authorized by this section. A party to an action may appeal from
a final judgment as in other civil cases. The obtaining of a
license under this chapter by a person does not relieve the
person from liability under law.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1077, Sec.
9, eff. Sept. 1, 1997.
Sec. 32.016. Marking Rigs With Identification Number.
A driller shall legibly mark all rigs used by the driller or
the driller's employees in the well drilling business with the
license number that appears on the driller's license. The
department shall adopt rules specifying the method and manner for
marking the rigs.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1077, Sec.
9, eff. Sept. 1, 1997.
Sec. 32.017. Plugging of Water Wells.
(a) A licensed driller shall complete a well under standards
and procedures adopted by the department.
(b) A licensed driller shall notify the department and the
landowner or person having a well drilled when the driller
encounters water injurious to vegetation, land, or other water,
and the well must be plugged, repaired, or properly completed in
order to avoid injury or pollution. The driller shall assure
that the well is plugged, repaired, or properly completed under
standards and procedures adopted by the department.
(c) Not later than the 180th day after the date on which a
landowner or other person who possesses an abandoned or
deteriorated well learns of its condition, the landowner or other
person who possesses an abandoned or deteriorated well shall have
the well plugged or capped under standards and procedures adopted
by the department. A licensed driller who knows of an abandoned
or deteriorated well shall notify the landowner or person
possessing the well that the well must be plugged or capped in
order to avoid injury or pollution.
(d) In this section, a well is considered to be abandoned if
the well is not in use. A well is considered to be in use in the
following cases:
(1) A nondeteriorated well which contains the casing, pump,
and pump column in good condition;
(2) A nondeteriorated well which has been capped;
(3) the water from the well has been put to an authorized
beneficial use, as defined in this code, unless subject to
Subdivision (5) of this subsection;
(4) it is used in the normal course and scope and with the
intensity and frequency of other similar users in the general
community; or
(5) the owner is participating in the Conservation Reserve
Program authorized by Sections 1231 through 1236 of the Food
Security Act of 1985 (16 U.S.C. Sections 3831-3836) or any
other similar governmental program.
(e) A licensed driller, licensed pump installer, or well owner
who plugs an abandoned or deteriorated well shall submit a
plugging report to the executive director not later than the 30th
day after the date the well is plugged. The department shall
furnish plugging report forms on request.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 857, Sec. 8,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1077, Sec. 10, eff.
Sept. 1, 1997.
Sec. 32.018. Construction.
This chapter does not affect the ownership or the rights of
owners of the land in underground water.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992.
Sec. 32.019. Transfer of Functions.
If the functions of the department necessary to the proper
implementation of its duties under this chapter are transferred
to another agency, the powers and duties given in this chapter to
the department shall be transferred to the other agency.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.071, eff.
Sept. 1, 1992. Amended by Acts 1997, 75th Leg., ch. 1077, Sec.
11, eff. Sept. 1, 1997