Title: Rules of North Plains Ground Water Conservation District No. 2 North of the Canadian River
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Title: Rules of North Plains Ground Water Conservation District No. 2 North of the Canadian River
Physical Description: Book
Language: English
Publisher: Ground Water Conservation District No. 2 North of the Canadian River, Gaston Wells, President, Board of Directors
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Rules of North Plains Ground Water Conservation District No. 2 North of the Canadian River - Order No. 1, Rules Governing Drilling Permits, Order No. 2, Rules Concerning Drilling Permits, the Drilling and Spacing of New Wells and the Reworking or Replacing of Old Wells, and Pollution (JDV Box 39)
General Note: Box 29, Folder 23 ( Water Statutes - Other States - 1900s ), Item 3
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Full Text






Rules of North Plains


Ground Water Conservation


District No. 2


North of the Canadian River

As Amended May 4,1964


ORDER No. ONE
Rules Governing Drilling Permits


ORDER No. TWO
Rules Concerning Drilling Permits, the Drilling and Spacing of
New Wells and the Reworking or Replacing of
Old Wells, and Pollution







NORTH PLAINS GROUND WATER CONSERVATION DISTRICT No. 2
NORTH OF THE CANADIAN RIVER











TABLE OF CONTENTS

Page
ORDER NUMBER ONE
Rules Governing Drilling Permits .......................4

ORDER NUMBER TWO
Rules Concerning Drilling Permits, the Drilling
and Spacing of New Wells, the Reworking or
Replacing of Old Wells and Pollution .................... 5
Rule 1- Definitions ............................... 5
Rule 2-Waste ... .............................. 7
Rule 3-Pollution ................................... 7
Rule 4- Permit Required ................. ....... 7
Rule 5- County Committees ........................ 7
Rule 6- Deposits ................................ 10
Rule 7 -Issuance of Permits ..................... 10
Rule 8- Requirements of Drilling Log,
Casing and Pump Data .................. 11
Rule 9-Spacing of Wells ........................ 11
Rule 10-Exception to Spacing Rule .............. 12
Rule 11-Place of Drilling of Well ................. 13
Rule 12-Reworking or Replacing of Well .......... 13
Rule 13-Time During Which a Permit
Shall Remain Valid ..................... 14
Rule 14-Recharge Wells ......................... 14
Rule 15-Final Orders of the Board ................ 15
Rule 16-Rehearing ......................... ...... 15
Rule 17-Right to Inspect and Test Wells ........... 16
Rule 18-Rules Governing Protests ................. 16
Rule 19-Covering of Wells ...................... 17
Rule 20-Salt Water Disposal Pits .................. 18
Rule 21-Changed Conditions .................... 18
Rule 22-General Rules of Procedure for Hearing.... 18
Rule 23-General Rules ........................... 19
Rule 24-Enforcement of Rules .................. 19


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RULES OF GROUND WATER CONSERVATION
DISTRICT No. 2
NORTH OF THE CANADIAN RIVER

RULES GOVERNING DRILLING PERMITS

ORDER No. 1

Notice is hereby given that the following regulations concern-
ing the drilling of wells within the defined limits of the Ground
Water Conservation District No. 2, North of the Canadian River,
that are so constructed and equipped to produce in excess of 100,-
000 gallons of underground water per day, are to be effective as
of the fourteenth day of March, 1955, and thereafter, in accord-
ance with resolutions adopted by the Board of Directors of said
District, to-wit:
1. That as of March 14, 1955, and thereafter, no water well drill-
ed, completed, and equipped so that the well can produce in ex-
cess of 100,000 gallons of underground water per day may be
drilled within the defined boundaries of said District until such
time as a drilling permit for the drilling, equipping, and comple-
tion of wells in the underground water reservoir has been issued
by the Board of Directors of the Ground Water Conservation Dis-
trict No. 2, North of the Canadian River.
2. That as of March 14, 1955, and thereafter, it is required that
complete records are to be kept and reports to be made of the
drilling, equipping, and completion of wells that are so drilled,
constructed, and equipped to produce in excess of 100,000 gallons
of underground water per day. Said records required are to in-
clude an accurate driller's log, description data of well, discharge
data, and equipment data, as prescribed by the Board of Directors
of said District.
Applications for the drilling of such wells as set forth in the
above regulations should be made to a County Committeeman of
said District in the county where the well is to be drilled.

GROUND WATER CONSERVATION DISTRICT No. 2,
NORTH OF THE CANADIAN RIVER
Gaston Wells, President
Board of Directors
Attest:
Robert Thompson
Secretary


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RULES CONCERNING THE DRILLING AND SPACING
OF NEW WELLS AND THE REWORKING OR
REPLACING OF OLD WELLS

ORDER No. 2
As Amended May 4, 1964
Notice is hereby given that the following rules are to be effec-
tive within the limits of GROUND WATER CONSERVATION
DISTRICT NO. 2, NORTH OF THE CANADIAN RIVER as of
the 17th day of May, 1958, and thereafter, in accordance with reso-
lutions adopted by the Board of Directors of said District, to-wit:
THE RULES OF GROUND WATER CONSERVATION
DISTRICT No. 2, NORTH OF THE CANADIAN RIVER
ARE HEREBY AMENDED, EFFECTIVE MAY 4, 1964,
AS FOLLOWS:
In accordance with Section 59 of Article 16 of the Texas Consti-
tution, and with the Statutes of the State of Texas pertaining
thereto, the following rules are hereby adopted as the rules of the
District by its Board of Directors. All rules or parts of rules in
conflict with these rules are hereby repealed.
The rules, regulations and modes of procedure herein contained
are adopted for the purpose of simplifying procedure, avoiding de-
lays, saving expense, and facilitating the administration of the
ground water laws of the State and the rules of this District. To
the end that these objectives be attained, these rules shall be so
construed.
These rules may be used as guides in the exercise of discretion,
where discretion is vested. However, under no circumstances, and
in no particular case shall they, or any of them, be construed as a
limitation or restriction upon the exercise of any discretion, where
such exists; nor shall they in any event be construed to deprive
the Board of an exercise of powers, duties, and jurisdiction con-
ferred by law, nor to limit or restrict the amount and character
of data or Information which may be required for the proper ad-
ministration of the law.

Rule 1-Definitions
Unless the context hereof indicates a contrary meaning, the
words hereinafter defined shall have the following meaning in
these rules:
(a) The "Board" shall mean the Board of Directors of the "Dis-
trict," as herein defined, consisting of five (5) duly elected mem-
bers as provided in Section E (3) of said Article 7880-3c.
(b) "District" shall mean Ground Water Conservation District No.
2, North of the Canadian River, maintaining its principal office in
Dumas, Texas. Where applications, reports and other papers are
required to be filed with or sent to "the District," this means the
District's headquarters in Dumas, Texas, P. O. Box 935. The Dis-


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I


trict shall also be known as "North Plains Ground Water Conserv-
ation District."
(c) "County Committee" means a committee of five persons
elected in each county of the District which will perform such du-
ties as the District Board may require.
(d) The term "Well" or "Water Well" shall mean and include
any artificial excavation constructed to produce or which produc-
es more than 100,000 gallons of water per day.
(e) "Water" shall mean underground water.
(f) "Owner" shall mean and include any person, firm, partner-
ship or corporation that has the right to produce water from the
land either by ownership, contract, lease, easement, or any other
estate in the land.
(g) The word "waste" as used herein shall have the same mean-
ing as defined by the 51st and 54th Legislature, as follows:
(1) The withdrawal of underground water from an under-
ground water reservoir at such rate and in such amount so as to
cause the intrusion therein of water not suitable for agricultural,
gardening, domestic, or stock raising purposes;
(2) The flowing or producing of wells from an underground
water reservoir when the water produced therefrom is not used
for a beneficial purpose;
(3) The escape of underground water from one underground
water reservoir to any other reservoir not containing underground
water, as defined in said Section 3e of Article 7880;
(4) The pollution or harmful alternation of the character of the
underground water within the underground water reservoir of the
District by means of salt water or other deleterious matter admit-
ted from some other stratum or strata of from the surface of the
ground; and
(5) Willfully causing, suffering, or permitting underground wa-
ter produced for irrigation or agricultural purposes to escape into
any river, creek, or other natural watercourse, depression, or lake,
reservoir, drain, or into any sewer, street, highway, road, road
ditch, or upon the land of any other person than ihe owner of
such well, or upon such public land.
(h) An "Authorized Well Site" shall be:
(1) The location of a proposed well on an application duly filed
until such application is denied, or
(2) The location of a proposed well on a valid permit. (An au-
thorized well site is not a permit to drill).
(i) "Person" shall mean any individual, partnership, firm or
corporation.


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Rule 2-Waste
(a) Water shall not be produced within, or used within or with-
out the District, in such a manner or under such conditions as to
constitute waste as defined in section (g) of Rule 1 hereof.
(b) Any person producing or using underground water shall
use every possible precaution, in accordance with the most ap-
proved methods, to stop and prevent waste of such water.

(c) No person shall constitute waste as that term is defined by
Section (g), Rule 1.

Rule 3-Pollution
No person shall pollute or harmfully alter the character of the
underground water reservoir of the District by means of salt wa-
ter or other deleterious matter admitted from some other stratum
of strata or from the surface of the ground.
Rule 4-Permit Required
(a) No person shall hereafter begin to drill or drill a well, or
increase the size of a well or pump therein, which well could reas-
onably be expected to produce, or a pump designed to produce, in
excess of 100,000 gallons of water per day, without having first
applied to the Board, and received a permit to do so, unless the
drilling and operation of the well is exempt by the law or by these
rules. Provided that, as set out in Rule 5d hereof, and under cer-
tain conditions, an applicant may commence the drilling of a well
when his application therefore has been recommended by the prop-
er county committee.
(b) No permit shall be required for the drilling of temporary
wells exempt by subsections 3 and 4a of Section D, Article, 7880-3e
(being generally wells used for the production of oil, gas, or other
minerals and water wells used in conjunction therewith).
Rule 5-County Committees
(a) Each County in the District shall have a County Committee
composed of five committeemen. Each portion of the County is to
be represented by a County Committeeman, if practicable.

The term of the Committeemen shall be four years, and the
Board shall provide for the election of two or three Committee-
men on alternate two-year intervals in each of the various coun-
ties in the District, such elections to be held on the same day
fixed for the election of District Directors.
Any qualified property tax paying resident voter within any
commissioners precinct, may have his name placed on the ballot
by being nominated by the County Committee or by petition sign-
ed by not less than five qualified voters of the commissioners pre-


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cinct, which petition shall be filed with the District Board at least
20 days prior to the date of such election.
(b) The County Committees are authorized to accept applica-
tions for permits to drill wells and to perform such additional du-
ties as are set out in these rules. The committee may designate a
secretary or other person to receive and file such applications, ac-
cept deposits, to give information, issue forms, keep records, re-
ceive well logs, reports, and other information and to perform oth-
er administrative duties. The Secretary or other authorized person
who received an application for a permit shall note on the face
of the application the date and time of day on which such applica-
tion is received and shall give any application a serial number
showing its relative priority as to time to applications later filed.
(c) It shall be the duty of the County Committee to recommend
to the Board the granting or refusal of applications for permits to
drill wells. The Committees may hold hearings or meetings for
this purpose. The signature of three County Committeemen on an
application shall constitute a recommendation that the permit be
granted. The refusal of three or more committeemen to sign the
application shall constitute a recommendation of rejection of the
application.
(d) If the County Committee shall recommend the granting of
the application, and if there be no contest thereon or conflicting
application, such recommendation shall be noted on the applica-
tion by the County Committee. The applicant may thereupon pro-
ceed at his own risk to drill such well. The application shall not,
however, be officially granted until the same shall have been pass-
ed upon and granted by the Board.
(e) If, before the Committee's recommendation of approval
of an application shall have been noted on an application, a con-
test shall arise over the application, or if another owner shall
within such time file an application for a well permit within less
than the minimum spacing distance for such wells, the County
Committee may conduct a hearing, upon due notice to both par-
ties, to hear and determine the contest or to determine which of
the applications should, in its judgment, be granted. In the event
of a contest or such a conflicting application, no well shall be
commenced until the matter is passed upon by the Board. A con-
test shall be deemed filed when written notification is filed with
the proper County Committee. The County Committee or such per.
son designated by it to receive such applications or notices of con-
tests shall receive the same and note thereon the date and time at
which they were received.
The County Committee shall, in any event, forward both applica-
tions to the Board. Thereafter, both applicants, or the applicant
and the contestant or contestants, afer due notice, shall be entitled
to a hearing before the Board. At such hearing, all parties may in-
troduce pertinent evidence as to why the particular application or
applications should be granted or denied, including evidence as to


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the effect on the water reservoir, the conservation and preserva-
tion of water, the prevention of waste, the protection of property
rights, and other pertinent matters, which evidence shall be taken
into consideration by the Board. The Board shall also take into
consideration which of the applicants duly filed his application
first.
(f) The County Committee shall not be authorized to receive or
pass upon such application for a permit to drill a well as an excep-
tion to the spacing rules of the District. As herein stated in these
rules, such applications shall be filed directly with the Board at
its district headquarters.

(g) The County Committee shall receive and file applications
for permits to drill recharge wells. If such applications are filed
with the County Committee, the same shall be acted upon by the
County Committee in the same maner as set out above for a well
application and its recommendations shall be forwarded to the
Board with the application. Provided, however, that if the Com-
mittee recommends that the application be granted, the drilling of
such recharge well shall not be commenced until the application
shall have been granted by the Board under such directions and
regulations as it may provide.
(h) If any application is not favorably recommended by the
County Committee, the applicant shall have the right to appeal
to the Board. Such appeal must be filed with a member of the
Board or the manager of the District or written notice by regis-
tered mail given to the Board within fifteen (15) days from the
time that the action of the County Committee denied the applica-
tions. Such time shall begin to run from the date of the meeting
of the County Committee at which such action is announced. If
there be no meeting of the Committee but three members thereof
decline to sign the application, then the time shall begin to run
from the date on which the third member refuses to sign the ap-
plication. If no such appeal is taken, the application shall be deem-
ed to have been abandoned by the applicant, and the action on the
Committee shall be final. Upon receipt of such appeal the Board
shall fix a time and place for such hearing and notify the neces-
sary parties thereof.
(i) If any County Committeeman shall resign, become incapaci-
tated, or in the judgment of the District Board has failed to ful-
fill the duties of his office, then the District Board may declare
a vacancy and appoint a successor to complete the unexpired term.
(j) The County Committee also:
(1) Shall hold meetings as needed to carry on the District busi-
ness at the office of the County Secretary or other designated lo-
cation.
(2) Shall receive, file and transmit to the District office all ap-
plications.


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(3) May nominate candidates for the office of District Direct-
ors for the District precinct in which such county is located.
(4) May nominate candidates for the office of County Commit-
teemen.
(5) Shall communicate to the District Board any information
concerning the wishes of the people of the county.
(6) Shall report to the District office any violations of the Dis-
trict rules with the Committee's recommendations.
Rule 6-Deposits
Each application for a permit to drill a well shall be accompan-
ied by a $25.00 deposit which shall be accepted by the County Com-
mittee of the County in which the well is to be drilled. Said de-
posit shall be returned to the applicant by the District if (1) the
application is denied, or (2) if the application is granted, upon re-
ceipt of correctly completed registration and log of the well, or
(3) if said permit location is abandoned without having been drill-
ed, upon return and surrender of said permit marked "abandon-
ed" by the applicant. In event neither the registration and log of
the well nor the permit marked abandoned is returned to such
District within one year after the approval date of the permit or
the extension date thereof, the said deposit shall become the prop-
erty of the District. All deposits heretofore made or which shall
hereafter be made shall become the property of the District, if
such registration and log or permit has not been returned or is not
returned to the District office within one year from the approval
date of the permit.
Rule 7-Issuance of Permits
(a) The Board shall issue or cause to be issued a drilling permit
for a well properly spaced upon proper application executed and
filed by the owner or his authorized agent with the proper Coun-
ty Committee and containing the matters specified below. An ap-
plication shall be considered' filed when properly made out, com-
pleted, and signed and tendered to a member of the County Com-
mittee or a person duly designated by such Committee to receive
the same. Such applications shall promptly be given a number as
provided for in Rule 5d above.
Such applications shall be on forms provided by the District and
shall be in writing and shall be prepared in accordance with and
contain the information called for in the form of application, if
any, prescribed by the Board, and all instructions which may have
been issued by the Board with respect to the filing of an applica-
tion. Otherwise, the application wil not be considered.
(b) Information as to the exact location of the well to be drill-
ed, including the section, block, survey or league and exact num-
ber of yards to the two nearest section lines; or other legal des-
cription; and the county in which the land is located.


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(c) A statement as to the proposed use of the well to be drilled,
whether municipal, industrial, or irrigation.
(d) The name and address of the driller or contractor and the
date drilling operations are to begin.
(e) A statement as to the exact location of the three (3) closest
adjacent wells within half a mile of the proposed location, to-
gether with the names and addresses of the owners.
(f) An agreement by the applicant that a complete well regis-
tration and log will be furnished to the District by the applicant
upon completion of this well and prior to the production of water
therefrom.


Rule 8-Requirement of Driling Log, Casing and Pump Data

(a) Complete records shall be kept and reports thereof made
to the District concerning the driling, equipping and completion
of all wells drilled. Such records shall include an accurate driller's
log, any electric log shall have been made, and such additional
data concerning the description of the well, its discharge, and its
equipment as may be required by the Board. Such records shall be
filed with the District Board within 30 days after the completion
of the well.
(b) No person shall produce water from any well hereafter
drilled and equipped within the District, except that necessary to
the driling and testing of such well and equipment, unless or un-
til the District has been furnished an accurate driller's log, any
electric log which shall have been made, and a registration of
the well correctly furnishing all available information required on
the forms furnished by this District.

Rule 9-Spacing'of Wells

(a) Wells to be drilled after the effective date of these rules
shall be spaced as follows:
A well to be equipped with a 4-inch or smaller pump shall be lo-
cated at least 200 yards from the nearest well or authorized well
site; a well to be equipped with a 5-inch pump shall be located at
least 250 yards from the nearest well or authorized well site; a
well to be equipped with a 6-inch pump shall be located at least
300 yards from the nearest well or authorized well site; a well to
be equipped with an 8-inch pump shall tbe located at least 400 yds.
from the nearest well or authorized well site; and a well to be
equipped with a 10-inch or larger pump shall be located at least
500 yards from the nearest well or authorized well site. An author-
ized well site is not a permit to drill. An authorized well site shall
be:


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(1) The location of a proposed well on valid permit.
Size Pump Minimum Distcnce
(Inside Diameter (From nearest well or
of column Pipe) authorized well site)
4-inch or smaller pump .......... Minimum distance: 200 yards
5-inch pump ................... Minimum distance: 250 yards
6-inch pump .................. Minimum distance: 300 yards
8-inch pur.p .. .................. Minimum distance: 400 yards
10-inch or larger pump .......... Minimum distance: 500 yards
(b) It is contemplated that the pumps of the respective sizes set
out above shall refer to the inside diameter of the pump column
pipe and shall produce water at the ordinary or usual pumping
rates of pumps of such size. The ordinary or usual pumping rates
of such pumps are to be regarded as follows:
Size of Pump: Ordinary Pumping Capacity
(Inside Diameter
of Column Pipe)
4-inch or smaller pump ....................... 70 to.265 G.P.M.
5-inch pump ................................ 265 to 390 G.P.M.
6-inch pump .............................. 390 to 750 G.P.M.
8-inch pump .............................. 750 to 1200 G.P.M.
10-inch pump ........................... More than 1200 G.P.M.
If the pump which is to be used by the applicant is of a differ-
ent size or type, or is to be operated at a different rate in gallons
per minute from the pumps in general use as set out above, such
fact shall be made known in the application; and in such case, the
actual rate at which the well is to be pumped shall be the deter-
mining factor in the spacing for such well instead of the size of
the pump. A pump to be operated against an artificial head in a
closed or semi-closed system shall be given special consideration.
(c) It shall be considered to be a fraud upon the District and
on the adjacent landowners for any applicant to willfully give
erroneous information in his application. If any operator willfully
produces his well at a higher rate than represented in his applica-
tion and/or approved in his permit, such action may be enjoined
by the Board.
Rule 10-Exception to Spacing Rule
(a) In order to protect vested property rights, to prevent waste,
to prevent confiscation of property, or to protect correlative
rights, the Board may grant exceptions to the above spacing regu-
lations. This rule shall not be construed so as to limit the power
of the Board, and the powers stated are cumulative only of all
other powers possessed by the Board.
(b) If an exception to such spacing regulations is desired, ap-
plication therefore shall be submitted by the applicant in writing
to the Board at its District Office on forms furnished by the Dis-


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trict. The application shall be accompanied by a plan or sketch,
drawn to scale of one (1) inch equaling two hundred (200) yards.
The plan or sketch shall show thereon the property lines in the
immediate area and shall show accurately to scale all wells within
a quarter mile of the proposed well site. The application shall also
contain the names and addresses of all property owners adjoining
the tract on which the well is to be located and the ownership of
the wells within a quarter mile of the proposed location. Such ap-
plication and plat shall state that all facts therein are true and
correct.
(c) Such exception may be granted ten (10) days after written
notice has been given to the applicant and all adjoining owners
and all well owners within a quarter mile of the proposed location
and after a public hearing at which all interested parties may ap-
pear and be heard, anC after the Board has decided that an excep-
tion should be granted. Provided, however, that if all such owners
execute a waiver in writing stating that they do not object to the
granting of such exception, the Board may thereupon proceed to
decide upon the granting or refusing of such application without
notice or hearing except to the applicant. The applicant may also
waive notice or hearing or both.

Rule 11-Place of Drillirg of Well
After an application for a well permit has been granted, the
well, if drilled, must be drilled within ten yards of the location
specified in the permit, and not elsewhere. If the well should be
commenced or drilled at a different location, the drilling or opera-
tion of such well may be enjoined by the Board pursuant of Article
78803c, Section B (9).

Rule 12-Reworking or Replacing of Well
(a) No person shall rework, redrill, or re-equip a well in a man-
ner that would increase the rate of production from such well be-
yond any previous normal rate of production of such well without
first having made an application to the Board, and having been
granted a permit by the Board, to do so. Nor shall any person re-
place a well without a permit from the Board. A replacement well,
in order to be considered as such must be drilled within one hun-
dred fifty (150) feet of the old well and not elsewhere. It must not
be located toward any other well or authorized well site unless the
new location complies with the minimum spacing requirements
set out in Rule 9 (a); otherwise the replacement well shall be con-
sidered to be a new well for which application must be made un-
der Rule 9 above.
Immediately upon completion of a replacement well, the old
well shall be:
(1) Filled and abandoned: or
(2) Properly equipped in such a manner that it cannot produce


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more than 100,000 gallons of water a day; or
(3) Closed in accordance with Article 1721, Texas Penal Code,
being Acts 51st Legislature (1949) p. 509, Ch. 281. Violation of
such Article is made punishable thereby by a fine of not less than
$100.00 nor more than $500.00.
An application to rework, re-equip, redrill, or replace an exist-
ing well may be granted by the Board without notice or hearing.
(b) The size or capacity of the pump on a well shall not be
hereafter changed to a larger size or capacity so as to substan-
tially increase the rate of production of a well without a permit
from the Board. (For example, changed from a 6-inch to an 8-inch
pump as set out above). Such permit may be granted only after
written notice to adjacent owners and owners of a well within a
quarter of a mile from such well and a public hearing, as provided
in Rule 10 (c) above, and after a decision by the Board that such
change will not cause unreasonable interference between wells,
waste, or confiscation of property. Provided that if the adjacent
owners and owners of a well within a quarter of a mile indicate
to the Board in writing that they have no objection to the propos-
ed change, then the Board may proceed to decide such matter. Pro-
vided that if the well is a sufficient distance from other wells to
comply with spacing regulations for new wells of the desired ca-
pacity the Board may proceed to act on such application.

(c) In the event the application meets all spacing requirements
and no contest is filed, the Board may grant such application with-
out further action.

Rule 1S-Time During Which a Permit Shall Remain Valid
Any permit granted hereunder shall remain valid if the work
permitted shall have been completed within one hundred twenty
(120) days from the filing date of the application. It shall there-
after be void. Provided, however, that the Board, for good cause,
may extend the life of such permit for an additional one hundred
twenty (120) days from the termination date if an application for
such extension shall have been made to the County Committee
during the first one hundred twenty (120) day period. Provided,
further, that when it is made known to the Board that a proposed
project will take more time to complete, the Board upon receiving
written application may grant such time as is reasonably neces-
sary to complete such project. A subsequent application for a
well permit cannot be filed until after the expiration of 10 days
from the date on which said permit expired (at the end of the
first one hundred twenty (120) day period, or if extended by the
Board, at the end of the second one hundred twenty (120) day
period, or as extended further by action of the Board). Any loca-
tion within 600 feet of the original location designated in the
original application shall come within this rule, provided that an
application for a well permit on a location more than 600 feet


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from the original location in the original application shall be
considered as a "new location" and shall be considered as an
original application for a permit to drill on an original location.
Rule 14-Recharge Wells
Applications shall be made to and permits must be obtained
from the Board to drill and complete recharge wells. Applications
therefore shall state that it is an application for a recharge well.
It shall be filed with the proper County Committee and shall con-
tain the information required herein for new wells Insofar as is
applicable. After the well shall have been drilled, the owner shall
promptly furnish the District with a completion report.
Recharge wells shall be completed and equipped in such a man-
ner as to protect human life. The owner of such recharge well
shall assume and shall be charged with full responsibility for the
prevention of pollution from such well.
Rule 15-Final Orders of the Board
The orders of the Board in any non-contested application or pro-
ceeding shall become the final order of the Board on the day it is
entered by the Board. All orders of the Board in contested applica-
tions, appeals or other proceedings shall contain a statement that
the same was contested. In such event the order will become final
after fifteen (15) days from the entry thereof and be binding on
the parties thereto unless a motion for rehearing is filed under
Rule 15 hereof.
Rule 16-Rehearing
(a) Any person whose application is denied, whose contest is
overruled, or who is not granted the relief desired, may file with
the Board a motion for rehearing within fifteen (15) days from
the announcement by the Board of its decision or action. The
Board shall act thereon within a reasonable time. If such a motion
for rehearing is final and is overruled, the order of the Board
shall be final on the date the motion is overruled.
(b) The Board may, in a proper case, find that an emergency
exists and that substantial injustice will result from delay. In that
event, and upon the recitation of such finding, the order of the
Board will become final on the date of the announcement of the
order by the Board, and no motion for rehearing will be consider-
ed thereon.
(c) If an application or a contest is denied by the Board or ad-
verse recommendations made by the County Committee, and if
the applicant or contestant shall not have had and shall not have
been afforded an opportunity for a hearing before the County
Committee or the Board, as elsewhere provided by these rules, the
applicant or contestant shall be entitled to a hearing before the
County Committee or the Board, as elsewhere provided by these
rules, the applicant or contestant shall be entitled to a hearing be-


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fore the Board. A written request to the Board for such a hearing,
stating such facts must be filed with the Board within the above
fifteen (15) days period. If such motion is in order and is duly
filed, the Board shall give notice to the applicant and all proper
and necessary parties of the time and place of such hearing, and
shall proceed to conduct such a hearing.
Rule 17-Right to Inspect and Test Wells
Any authorized officer, employee, agent, or representative of
the District shall have the right at all reasonable times to enter
upon lands upon which a well or wells may be located within the
boundaries of the District, to inspect such well or wells and to
read, or interpret any meter, weir box or other instrument for the
purpose of measuring production of water from said well or wells
or for determining the pumping capacity of said well or wells;
and any authorized officer, employee, agent or representative of
the District shall have the right at all reasonable times to enter
upon any lands upon which a well or wells may be located within
the boundaries of the District for the purposes of testing the pump
and the power unit of the well or wells and of making any other
reasonable and necessary inspections and tests that may be re-
quired or necessary for the formulation or the enforcement of the
rules and regulations of the District. The operation of any well
may be enjoined by the Board immediately upon refusal to pe-mit
the gathering of information as above provided from such well.
Rule 18-Rules Governing Protests
(a) NOTICE OF PROTEST: In the event anyone should desire
to protest or oppose any pending matter before the Board, or de-
sires to prosecute his appeal from the action of a County Commit-
tee, a written notice of protest or opposition shall be filed with the
Board on or before the date on which such application or matter
has been set for hearing, or the protestant may appear in person
before the Board. For the convenience of the Board, it is urged
that protests be filed at least five days before the hearing date.

(b) PROTEST REQUIREMENTS: Protests shall be submitted
in writing with a duplicate copy to the opposite party or parties
and shall comply in substance with the following requirements:
(1) Each protest shall show the name and address of the pro-
testant and show that protestant has read either the application or
a notice relative thereto published by the Board.
(2) There shall be an allegation of injury to protestant which
will result from the proposed action or matter or to be considered
by the Board.
(3) If the protest is based upon claim of interference with some
present right of protestant, it shall include a statement of the
basis of protestant's claim of right.
(4) Protestant should call attention to any amendment of the


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application or adjustment which, if made, would result in with
drawal of the p-otest.
(c) CONTESTED APPLICATIONS OR PROCEEDINGS DE-
FINED: An application, appeal, motion or proceeding pending be-
fore the Board is considered as contested when either protestants
or intervenors, or both, files the notice of protest as above set out
and appears at the hearing held on the application, appeal from e
County Committee, motion or proceeding and present testimony
or evidence in support of their contentions, or present a question or
questions of law with regard to the application, motion or pro-
ceeding. Where neither protestants nor intervenors so appear and
offer testimony or evidence in support of their contentions, or
raise a question of law with reference to any pending application,
motion or proceeding, the same shall be considered as noncon-
tested.

(d) In the event of a contested hearing each party shall furnish
other parties to the proceeding with a copy of all motions, amend-
ments or briefs filed by him with the Board.


Rule 19-Covering of Wells
Every owner or operator of any land within the District, upon
which is located any open or uncovered well is, and shall be, re-
quired to close or cap the same permanently with a covering
capable of sustaining weight of not less than four hundred (400)
pounds, except when said well is in actual use by the owner or
operator thereof; and no such owner or operator shall permit or
allow any open or uncovered -well to exist in violation of this
requirement. Officers, agents and employees of the District are
authorized to serve or cause to be served written notice upon any
owner or operator of a well in violation of this rule, thereby
requesting such owner and/or operator to close or cap such well
permanently with a covering in compliance herewith. In the event
any owner or operator fails to! comply with such request within
ten (10) days after such written notice, any officer, agent, or
employee of the District may go upon said land and close or cap
said well in a manner complying with this rule and all expendi-
tures thereby incurred shall constitute a lien upon the land where
such well is located, provided however, no such lien shall exceed
the sum of One Hundred Dollars ($100) for any single closing.
Any officer, agent, or employee of the District, is authorized to
perfect said lien by the filing of the affidavit authorized by Ar-
ticle 7880-3c B (11) as amended by acts of the 57th Legislature
1961, Chapter 493, pages 1095 and 1096, House Bill No. 692. All of
the powers, and authority granted in such 1961 amendment are
hereby adopted by the District, and its officers, agents, and em-
ployees are hereby bestowed with all of such powers and authority.


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Rule 20-Salt Water Disposal Pits
(a) The use of salt-water disposal pits in connection with the
production of oil and gas is hereby found to be causing the pollu-
tion of the underground water reservoir by permitting salt water
or other deleterious matter to pass from the surface of the
ground into the underground water within the underground water
reservoir within the District.
(b) The use of unlined salt water pits for disposal of salt
water or other deleterious matter is hereby prohibited.

Rule 21--Changed Conditions
The decision of the Board on any matter contained herein may
be reconsidered by it on its own motion or upon motion showing
changed conditions, or upon the discovery of new or diterent con-
ditions or facts after the hearing or decision on such matter. If the
Board should decide to reconsider a matter after having announ-
ced a ruling or decision, or after having finally granted or denied
the application, it shall give notice to persons who were proper
parties to the original action, and such persons shall be entitled
to a hearing thereon if they file a request therefore within fifteen
days from the day of the mailing of such notice.

Rule 22-General Rules of Procedure for Hearings
(a) Hearings will be conducted in such manner as the Board
deems most suitable to the particular case, and technical rules of
legal and court procedure need not be applied. It is the purpose
of the Board to obtain all the relevant information and testimony
pertaining to the issue before it as conveniently, inexpensively and
expeditiously as possible without prejudicing the rights of either
applicants or protestants.

(b) WHO MAY APPEAR: Any party at interest in a proceeding
may apear either in person or by attorney or both in such proceed-
ing. A party at interest is any person owning a water right within
the bounds of the District who is or may be affected by such pro-
ceeding. At the discretion of the Board anyone not a party at in-
terest in a proceeding may apear.

(c) ADMISSIBILITY: Evidence will be admitted if it is of that
quality upon which reasonable persons are accustomed to rely in
the conduct of serious affairs. It is intended that needful and prop-
er evidence shal be conveniently, inexpensively and speedily pro-
duced while preserving the substantial rights of the parties to the
proceeding.

(d) TESTIMONY SHALL BE PERTIINENT: The testimony
shall be confined to the subject matter contained in the applica-
tion or contest. In the event that any party at a hearing shall pur-
sue a line of testimony or interrogation of a witness that is clear-
ly irrelevant, incompetent or immaterial, the person conducting
the hearing may forthwith terminate such line of interrogation.
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(e) A STIPULATION: Evidence may be stipulated by agree-
ment of all parties at interest.
(f) LIMITING NUMBER OF WITNESSES: The right is re-
served to the Board in any preceding to limit the number of wit-
nesses appearing whose testimony may be merely cumulative.
Rule S3-General Rules
(a) COMPUTING TIME: In computing any period of time pre-
scribed or allowed by these rules, by order of the Board, or by any
applicable statute, the day of the act, event of default from which
the designated period of time begins to run, is not to be included,
but the last day of the period so computed is to be included, unless
it be a Saturday, Sunday or legal holiday, in which event the
period runs until the end of the next day which is neither a
Saturday, Sunday, nor a legal holiday.
(b) TIME LIMIT: Applications, request, or other papers or
documents required or permitted to be filed under these rules or
by law must be received for filing at the Board's offices at Dumas,
Texas, or, in a proper case, at the office of the proper county com-
mittee, within the time limit, if any, for such filing. The date of
receipt and not the date of posting is determinative.

(c) SHOW CAUSE ORDERS AND COMPLAINTS: The Board,
either on its own motion or upon receipt of sufficient written pro-
test or complaint, may at any time, after due notice to all inter-
ested parties, cite any person operating within the District to ap-
pear before it in a public hearing and require him to show cause
why his operating authority or permit should not be suspended,
cancelled, or otherwise restricted and limited, for failure to com-
ply with the orders of rules of the Board or the relevant statutes
of the State, or for failure to abide by the terms and provisions of
the permit or operating authority itself. The matter of evidence
and all other matters of procedure at any such hearing will be
conducted in accordance with these rules of procedure and prac-
tice.
Rule 24-Enforcement of Rules
All rules and regulations duly adopted, promulgated and pub-
lished by this District shall be enforced by injunction, mandatory
injunction, or other appropriate remedies, in Courts of comve-

GROUND WATER CONSERVATION DISTRICT No. 2
NORTH OF THE CANADIAN RIVER
Gaston Wells, President
Board of Directors
ATTEST:
Robert Thompson
Secretary


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